Loading...
HomeMy WebLinkAbout2016-08-29 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES August 29, 2016 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 6:36PM 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. EXECUTIVE SESSION: Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen enter into executive session for reason No. 2 under MGL Chapter 30A, Section 21(a) to conduct contract negotiations with nonunion personnel. Role call vote: Watson- yes, Smedile-yes, DeCologero-yes, Stewart-yes, Vaillancourt-yes. Chairman Vaillancourt announced the Board will reconvene in open session at the conclusion of executive session. The Board returned to open session at 7:OOPM PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of August 15, 2016. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Meeting schedule Due to a work conflict, Selectman Watson will not be available for the meeting scheduled for October 17, 2016. The Board agreed to move the meeting from October 17, 2016 to Tuesday, October 11, 2016. Other Communications and Announcements Town Manager, Andrew Maylor, informed the Board that a resident has requested to place blue ribbons on poles around town on September 3rd in support of police. Several other towns are participating in this state police initiative on that date. Mr. Maylor approved the request for thirty(30)days and asked the resident to appear at the next meeting to update the Board. The resident was informed she could not place them on trees around the common. CONSENT ITEMS: Selectmen Watson left the room. Vote to approve disbursement of$115,000 from the Affordable Housing Trust Fund to Bread & Roses Housing, Inc. for the purchase of 70 May Street Laurie Burzlaff, chair of the Affordable Housing Trust and Yesenia Gil, Executive Director of Bread & Roses Housing, Inc., gave the Board an overview of the project at 70 May Street and requested the Board vote to approve the disbursement of$115,000 from the trust fund to Bread & Roses Housing, Inc. for the purchase of 70 May Street. Donald Stewart made a MOTION, seconded by Phil DeCologero that the Board of Selectmen vote to approve the disbursement of$115,000 from the Affordable Housing Trust Fund to Bread& Roses Housing, Inc, for the purchase of 70 May Street. Vote approved 4-0. Selectman Watson returned to her seat. Board of Selectmen Minutes August 29, 2016 2 Dan Pas requests permission to hold a Muscular Dystrophy Association "Fill the Boot" drive on Saturday, September 24, 2016 from 8:OOAM-12:OOPM at the rotary Dan Pas, President of Local 2035, was present to request permission to hold a "Fill the Boot" drive on Saturday, September 24, 2016 from 8:OOAM-12:OOPM at the rotary at the Old Center. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the request of Dan Pas to hold a `Fill the Boot'drive on Saturday, September 24, 2016 from 8AM-12PM at the rotary. Vote approved 5-0. Request of Francis and Sharon Devan of 32 Boston Hill Road to amend Grant of Easement Attorney Paul Ross who represents Francis and Sharon Devan of 32 Boston Hill Road, presented their request to void the easement granted to the Town in 2010 and record a new easement with the correct scope and the correct easement area. Mr. Maylor indicated that after reviewing the documents he supports Attorney Ross' request and asked the Board for permission to contact the other two property owners on the street that also granted easements that should be corrected. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen void the Grant of Easement recorded in the Essex North Registry of Deeds in Book 12202, Page 52 and record a new easement limited to the use and maintenance of the as-built sewer only and a new plan showing the correct easement area and to give permission to the Town Manager to contact the other two property owners that granted easements. Vote approved 5-0. Vote to amend Fire Chief's contract The Board had previously asked the Town Manager to review the Fire Chiefs contract and align the clauses with the Police Chief's contract. A revised contract incorporating those requested changes was included in the packets. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve and sign the amended contract between the Town and Fire Chief William McCarthy. Vote approved 5-0. Accept donation in the amount of$300 to Veterans Services from the Lawrence Vietnam Memorial Foundation Included in the packets was a letter from Veterans Services Director, Gerry Maguire, requesting the Board accept a donation in the amount of$300 from the Lawrence Vietnam Memorial Foundation for the Veterans Discretionary Fund. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accept the donation from the Lawrence Vietnam Memorial Foundation in the amount of$300 to be used for the Veterans Discretionary Fund. Vote approved 5-0. Request to surplus vehicle- Elder Services Per town policy regarding surplus vehicles, a memorandum was included in the packet from Elder Services Director, Irene O'Brien, to surplus a 2006 Ford Cutvan to be traded in for a new van. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of Elder Services Director, Irene O'Brien, to surplus a 2006 Ford Cutvan, as per her memorandum to the Town Manager dated August 16, 2016. Vote approved 5-0. Affordable Unit Resales The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing units at 2202 Juniper Circle (Oakridge Village-Maplewood Reserve) and 4 Harvest Drive, Unit 205 (Oakridge Village-Maplewood Reserve) are up for sale. It is recommended the Board decline its right of first refusal for both units. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing units at 2202 Juniper Circle (Oakridge Village-Maplewood Reserve)and 4 Harvest Drive, Unit 205(Oakridge Village-Maplewood Reserve). Vote approved 5-0. Board of Selectmen Minutes August 29, 2016 3 Vote to accept Community Compact grant The Town Manager briefed the Board about the Community Compact grant and asked for their vote to accept the grant. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen accept the Community Compact grant in the amount of$25,000. Vote approved 5-0. Letter of support for MassWorks grant Eric Kfoury, Director of Community and Economic Development, requested the Board sign a letter of support for the MassWorks grant application. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen provide a letter of support for the Mass Works grant application. Vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Request of William M. Dwyer, Manager of Tuscan Market, Inc. d/b/a The Vineyard for change of location to 757 Turnpike Street and change of d/b/a to A Taste of the Vineyard Brian Vaughn of Smolak &Vaughn spoke on behalf of the owner of The Vineyard requesting the Board approve the request to change the location and the d/b/a of The Vineyard. The store will be located inside the Stop and Shop and operate as a separate store. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of William M. Dwyer, Manager of Tuscan Market, Inc, for a change of location to 757 Turnpike Street and change of d/b/a to A Taste of the Vineyard. Vote approved 4-1. Selectman Smedile voted against. Requests for One Day All Alcohol Licenses for events at Smolak Farms: Jenny Wilson and Bob Crooker for a wedding reception on Saturday, October 1, 2016 from 4:OOPM- 10:OOPM in the tent Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Jenny Wilson and Bob Crooker for a One Day All Alcohol License for a wedding reception in the tent at Smolak Farms on October 1, 2016 from 4-10PM. Vote approved 5-0. Stacey Mancanciello of Malden High School for a 25th High School Reunion on Friday, October 7, 2016 from 6:OOPM to 11:OOPM in the tent Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Stacey Mancanciello for a One Day All Alcohol License for a 25th high school reunion in the tent at Smolak Farms on October 7, 2016 from 6-10:30PM. Vote approved 5-0. Commonwealth Financial Group for a corporate gathering on Saturday, October 15, 2016 from 11:OOAM-3:OOPM in the tent Application was withdrawn. Deb Ingalls for a 50th birthday party on October 15, 2016 from 5:OOPM to 10:OOPM in the barn Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Deb Ingalls for a One Day All Alcohol License for a 50th birthday party in the barn at Smolak Farms on October 15, 2016 from 5PM-10PM. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Tracy Watson, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. Board of Selectmen Minutes August 29, 2016 4 OLD BUSINESS: None NEW BUSINESS: None Chairman Vaillancourt announced the new crosswalk on Route 114 at Merrimack College is now operational. PUBLIC COMMENT: Selectman Stewart asked who designed the sidewalks for Safe Routes to School as he is concerned about snow removal. Town Manager, Andrew Maylor, indicated the designs were done by the state per state and federal standards. Chairman Vaillancourt announced there was an editorial in the Andover Townsmen that mentioned North Andover as a model community. The Town Manager announced that mosquito spraying will take place on August 30tH TOWN MANAGER'S REPORT: Ask the Manager The Town Manager indicated that Verizon will be installing CRAN antennae on poles near the common/Academy Road. Job posting/vacancy log Included in the packets was the job posting/vacancy log provided by Cathy Darby, Director of Human Resources. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:13 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 15, 2016 Meeting schedule Memo-Affordable Housing Trust funds Request for"Fill the Boot" drive Request for new easement Fire Chief contract Memo-donation Memo-surplus vehicle Memo-Community Compact Memo-Massworks letter of support Tuscan Market license request Smolak Farm license requests BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES August 29, 2016 EXECUTIVE SESSION: The Executive Session convened at 6:36 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#2 to conduct contract negotiations with nonunion personnel Town Manager, Andrew Maylor, provided copies of the revised contract for the Fire Chief which incorporated changes that were requested by the Board. Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the revised contract between the Town and Fire Chief William McCarthy. Roll call vote: Watson-yes, Smedile-yes, DeCologero-yes, Stewart-yes, Vaillancourt-yes. 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, Smedile-yes, DeCologero- yes, Stewart-yes, Vaillancourt-yes. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Fire Chief contract TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Richard M. Vaillancourt, Chairman 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,AUGUST 29,2016 6:30 PM EXECUTIVE SESSION 7:00 PM OPEN SESSION SCHOOL ADMINISTRATION BUILDING 566 Main Street L CALL TO ORDER IL EXECUTIVE SESSION A. M.G.L. Chapter 30A, §21(a)(2)-to conduct contract negotiations with non-union personnel III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. August 15,2016 Open Session Minutes,as written V. COMMUNICATIONS AND ANNOUNCEMENTS A. Meeting schedule VL CONSENT ITEMS A. Vote to approve disbursement of$115,000 from the Affordable Housing Trust Fund to Bread&Roses Housing,Inc.for the purchase of 70 May Street B. Dan Pas requests permission to hold a Muscular Dystrophy Association"Fill the Boof'drive on Saturday, September 24,2016 from 8:OOAM-12:OOPM at the rotary C. Request of Francis and Sharon Devan of 32 Boston Hill Road to amend Grant of Easement D. Vote to amend Fire Chief's contract E. Accept donation in the amount of$300 to Veterans Services from the Lawrence Vietnam Memorial Foundation F. Request to surplus vehicle-Elder Services G. Affordable Housing unit resales 1. 2202 Juniper Circle(Oakridge Village-Maplewood Reserve) 2. 4 Harvest Drive,Unit 205 (Oakridge Village-Maplewood Reserve) H. Vote to accept Community Compact grant L Letter of support for MassWorks grant VII. LICENSING COMMISSIONERS A. Request of William M.Dwyer,Manager of Tuscan Market,Inc.d/b/a The Vineyard for change of location to 757 Turnpike Street and change of d/b/a to A Taste of the Vineyard B. Requests for One Day All Alcohol Licenses for events at Smolak Farms: 1. Jenny Wilson and Bob Crooker for a wedding reception on Saturday,October 1,2016 from 4:OOPM-10:00PM in the tent 2. Stacey Mancanciello of Malden High School for a 251 High School Reunion on Friday,October 7,2016 from 6:OOPM to 11:OOPM in the tent 3. Commonwealth Financial Group for a corporate gathering on Saturday,October 15,2016 from 11:OOAM-3:OOPM in the tent 4. Deb Ingalls for a 50"birthday party on October 15,2016 from 5:OOPM to 10:OOPM in the barn 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 Monday, September 12,2016 XIII. ADJOURNMENT BOARD OF SELECTMEN MINUTES August 15, 2016 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM 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 40 members of the public were in attendance. PLEDGE OF ALLEGIANCE Chairman Vaillancourt invited Henry Schutzbank to lead the pledge of allegiance. After the pledge, Henry spoke to the Board about the condition of Drummond Playground and ask farit to be repaired. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Ste4►art, to apo rove the Open Session Minutes of July 18, 2096. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Swearing In Town Clerk, Joyce Bradshaw, administered the oath tri:Firefighter William Lynch, Police Lieutenant Daniel Lanen and Police Sergeant Sean Daley. Town Manager, Andrew Maylor, indicates(the Town will be requesting CPA funds to renovate Drummond Playground. If approved, work would be next summer. Voting information Town Clerk, Joyce Bradshaw, inf9rr7ted the Board' boat www:i 23vo er cam, a website to help voters register for the upcoming eleattons The,last day to Ie seer to vote �n�=the State primary is August 19, 2016. Update on Electrical Aggfogation_ Town Manager, Andrew May or, pro.vlded the Sbard with ah outline of the next steps for the Town to begin electric) aggregation The,'down's consultant will'be at the next meeting to answer any questions. Update ondrought conditions DPW:Di*tor, Bruce Thibodea , updata(t the Board about the current drought conditions. At this time the Town willf main in a droughtwatch. Residents are being asked to voluntary limit their water use. Textile res clan =VWasteZero Steve Lisauskas fro m_WasteZero'gave an overview of their proposal to provide textile recycling in North Andover. The program s,.a vpliintary program with no cost to the Town or residents. Other communications and announcements The Merchant's Association Fall Festival is September 24, 2016. CONSENT ITEMS: Vote to support Open Space Plan Jennifer Hughes, Conservation Administrator, gave an overview of the updated Open Space Pian and asked the Board to vote in support of the plan. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen vote to support the 2016 Open Space Plan, as presented. Vote approved 5-0. Board of Selectmen Minutes August 15, 2016 2 Accept donation of$15,161 from Kittredge School PTO toward replacement of Kittredge School PlaVgrround The Kittredge School PTO has generously donated $15,161 to the Town to be used toward the Kittredge School playground project. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen accept the donation of$95,969 from the Kittredge School PTO to be used toward the Kittredge School playground project. Vote approved 5-0. Request to surplus vehicles Per town policy regarding surplus equipment, DPW Director, Bruce Thibodeau, Fire Chief William McCarthy and Police Chief Charles Gray submitted requests to surplus vehicles. Fire Department Selectman DeCologero recused himself and exited the room. Tracy Watson made a MOTION, seconded by Donald Stewart, that t board of Selectmen approve the request of Fire Chief William McCarthy, to surplus a 2008 Ford* 5O ambulance per his memorandum to the Town Manager dated July 25, 2096. Vote approved¢-0. DPW Selectman DeCologero returned to his seat. Tracy Watson made a MOTION, seconded by Donald Ste , that the Boarr!'of Selectmen approve the request of DPW Director, Bruce Thibodeau, to surplus'a 2008 Chevrolet Silverado, as per his memorandum to the Town Manager dated Augustl, 2016. Vote approved 5-0. Police Department Tracy Watson made a MOTION, seconded by Roseinary Smedile, that the Board of Selectmen approve the request of Police Chief, Charles Gray, to surplys two 2094 Dodge Chargers, and a 2009 Ford Expedition, as per his memorandums to the anager dated August 4, 2096. Vote approved 5-0. Affordable Unit Resales 1405 Basswood Circle (Oakridge Village-Maplewood Reserve) 200 Chickering Road, Unit 103B (K1ttred( e Crossing} The Citizens' Housing and Plarlr ng Association (CHAPPA):has notified'the Town that the affordable housing units at 1405 Basswood Circle Oakridge�illage-Maplewood Reserve)and 200 Chickering Road, Unit 1036 (Kittreclg6'Crossing) ar `up for sale ;It is recommended the Board decline its right of first refusal for both units Tracy Watson made a MOTION, secoUed by Rosemary Smedile, that the Board of Selectmen decline the right of firsf refuaal„#a purchasa Op affotdbble housing units at 1405 Basswood Circle {Oakridge V/jllage Maplewood T es rveJ and 20 6`6 efing Road, Unit 9038 (Kittredge Crossing). Vote approved 5=0 Re uesffrom Cathy Darb F.uman Reso.urces Director, to than a abatement rate number of hours and number of- artici ants for Senior Pro erf 'Tax Work Off Program Included th'the packets was a request from Cathy Darby, Human Resources Director, to increase the abatement rdte�;to $10 per hour, Increase the number of service hours to 100 and increase the number of participants to Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen accept the revise al Segior CFtizen Property Tax Work Off Program policy, increasing the maximum number of participants to 40; the hours to 900 and the abatement to $10.00 per hour. Vote approved 5-0. Vote to accept easements-70 Ogunquit Road and land off Bennett Road in Boxford Jean Enright, Planning Director, requested the Board vote to accept the utility and access easements for 70 Ogunquit Road and property off of Bennett Road in Boxford. These easements were recorded in 2009 and 2012 and were required as part of the Planning Board approval for the subdivision; however, the Board of Selectmen never accepted the easements. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen accept the fifty foot wide utility and access easement granted to the Town of North Andover dated June 10, 2009 and recorded November 6, 2009 as Land Court Document No: 99524 as it affects 70 Ogunquit Road a/k/a Lot 9 and Lot 30 shown on Land Court Plan 344981 and accept the fifty foot wide utility and access easement granted to the Town of North Andover dated October 28, 2009, Board of Selectmen Minutes August 15, 2016 3 recorded on June 22, 2012 with the Southern Essex District Registry as Land Court Document 531808 as it affects property known as Lot#17(off Bennett Road, Boxford, MA)as shown and depicted on an ANR plan recorded with said Registry in Book 326, Plan 94 and as noted on Land Court Certificate of Title 72444. Vote approved 5-0. Appointment of Tracy Watson to Community Preservation Committee This matter was continued from the July 18, 2016 meeting. Donald Stewart made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the appointment of Tracy Watson to the Community Preservation Committee for a term ending June 30, 2019. Vote approved 4-1. Rosemary Smedile voted against the motion. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Tracy Watson, to open;$meeting of the North Andover Licensing Commission. Vote approved 5-0. Larry Camerlin of Angel Flight Northeast requests a One Day Wine Malt License on Sunday, September 11, 2016 from 11:00AM to 5:OOPM at the Lawrence Municjpal Airport Richard Vaillancourt made a MOTION, seconded by Rosemary"Smedile, th4tthe Board of Selectmen, acting as Licensing Commissioners, approvi",fi request of Larry Camerlin of Angel Flight Northeast for a One Day Wine and Malt License vn'Sunday, September'11,;2016 from 11:OOAM-5:OOPM. Vote approved 5-0. . ..; Paul Gallant of Merrimack College requests the following;licenses One Day Wine & Malt License for a graduate education recep n onnTuesday, August 23, 2016 from 4:30PM to 8:OOPM at the Rogers Center for Performing Arts`IdWyy One Day Al] Alcohol License for a new facJt iecpption on Wednesday, August 24, 2016 from 5:OOPM- 10:OOPM at the Rogers Center for Performing Aft Iob0yltent One Day Wine & Malt License for an Intergalactic Nerr`feois.,PerformanC@;on Friday, September 30, 2016 from 7:30PM-11:30PM at the Rogers Center fpp Perform$?t` ACts_Inbby One Day Wine & Malt License fora"Creature"dperforman 'e on ThyrsOay October 13, 2016 from 7:30PM- 11:30PM at the Rogers Centerfor},erfgrming Arts lQW.`.yW One Day Wine & Malt Lice-€-se for a "Creature" perfor€)8nce on Friday, October 14, 2016 from 7:30PM- 11:30PM at the Rogers-Z, inter for Pert i4ning Arts lobby One Day Wine & Malt License for a "Creature" perform�nce on Saturday, October 15, 2016 from 1:30PM- 5:30PM at the Rogers Cenier for Perforning Arts lobby One Day Wine & Malt Licenac for a'`Creature" performance on Saturday, October 15, 2016 from 7:30PM- 11:30PM at the RQ9ers Centerfol''P'erforming Arts 1o61}i One Day Wire &Malt`L(cense fora"Quartet" performance on Sunday, October 30, 2016 from 1:30PM- 5:30PM atth'e Rogers Center for Performing Arts lobby Richard itaillancourt made a,MOTION;;seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commrss%oners, a p_rove the request of Merrimack College for seven One Day Wine andMalt Licenses for eVepts on August 23, September 30, October 13, 14, 15 and 30, 2016 and a One Day-;All Alcohol licer se for an event on August 24, 2016, as presented. Vote approved 5-0. Requests for eyent j6`,the,t.e4i t Smolak Farms: Kevin Olsen requests aW!.`All Alcohol License for a wedding reception on Saturday, August 20, 2016 from 4:OOPM-10:OOPM Brittany Haley requests an All Alcohol License for a wedding reception on Sunday, September 4, 2016 from 4:OOPM-10:OOPM Jessica Fortier requests an All Alcohol License for a wedding reception on Friday, September 16, 2016 from 4:00PM-10:00PM Nicole Hamilton requests an All Alcohol License for a wedding reception on Saturday, September 24, 2016 from 4:OOPM-10:OOPM Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the requests for All Alcohol Licenses for four wedding receptions at Smolak Farms from 4:OOPM to 10:OOPM on August 20, September 4, September 16 and September 24, 2016. Vote approved 5-0. Board of Selectmen Minutes August 15, 2018 4 Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to close a meeting of the North Andover Licensing Commission. Vote approved 5»0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: None TOWN MANAGER'S REPORT: Departmental Reports The Board was given the following monthly reports for review: Fire Department Opiate Overdose Report Police Department Job posting/vacancy log Capital projects: Mr. Santilli gave an update of the Town Hall ptAa�ct which is currently on schedule 0o,be completed in October. Finance Library Senior Center Building Department "Ask the Manager" There were no questions. Tracy Watson thanked CF L Landscapm`ger&,, BroudS66s and TerryTHollandfor their help with the new "Welcome to North And6v6r" sign on t4l6orner of Sutton and Marblehead streets. Mw ADJOURNMENT: x, Donald Stewart made aMOTION,secon, el, TraCVWatson, to adjourn the meeting at 8.20p.m. Vote approved 5 A;, Laurie;A Burzlaff Execlif�v Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at'meetin. Certificate of Appreciation Minutes of July 18, 2016 '` Memo-Police Dept. promotions Memo-voter information Memo-electric aggregation Memo-drought Waste Zero proposal Open Space Plan Kittredge School PTO donation Requests to surplus vehicles Affordable unit resale notices Memo-Cathy Darby Memo-easements Board of Selectmen Minutes August 15, 2016 5 Memo-appointment Licensing requests Department reports TOWN OF NORTH ANDOVER OF'F'ICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Tracy M. Watson, Chairman TEL. (978)688-9510 Phil DeCologero, ClerkFAX(978) 688-9556 Rosemary Connelly Smedile Donald B. Stewart Richard M. Vaillancourt Town of North Andover Board of Selectmen Meeting Schedule July — December 2016 Monday, July 18, 2016 Monday, August 15, 2016 Monday, August 29, 2016 Monday, September 12, 2016 Monday, September 26, 2016 Monday, October 17, 2016 Tuesday, November 1, 2016 Monday, November 14, 2016 Monday, November 28, 2016 Monday, December 5, 2016 Monday, December 19, 2016 Please note all meetings begin at 7:00 p.m. at the School Administration Building,566 Main Street, North Andover. A notice will be posted at Town Hall and the Town of North Andover Website under the Municipal Calendar Section and the Public Notice Section. The Chair may call additional meetings if necessary. If you have any questions,please contact Laurie A.Burzlaff at 978-688-9510 or e-mail at lburzlaff dnorthandoverma.gov. w i 0 AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor r From: Laurie Burxlaff, Executive Assistant Date: August 23, 2010 Re: Vote to approve disbursement of Affordable Housing Trust Funds The Trustees of the Affordable Housing Trust have unanimously voted) in favor of providing funds to Bread & Roses Housing, linc. for the purchase of a (property at 70 May Street. The Trust will provide Bread & Roses with $115,000 towards the total purchase price of$140,000. The remaining funds will be provided by Bread & Roses. Chapter 28, Section 28-5 of the General Bylaws gives the Trustees the power"with the approval of the Board of Selectmen, to disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in North Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes." A copy of the budget for the project is attached. A copy of the signed Purchase and Sale Agreement will be provided at the meeting. PROPERTY ADDRESS70 NVlay Street,N'+auth Andover EPreliminary Proforma Date 8/23/2015 SOURCES OF FUNDS Construction.Sources Preliminary Profoirna Construction Loan268,300 BRHousing Equity 30,000 Borth Andover Affordable Housing Trust 115,000 Other TOTAL CONSTRUCTION SOURCES $ 413,300 Permanent Sources Permanent Loan: Pentucket Bonk 150,000 RRHousing Equity 34,000 Homebuyer Downpayment 6,000 North Andover Affordable Housing Trust 115,000 Private Foundations 98,300 Other: TOTAL PERMANENT SOURCES $ 413,,300 USES OF FUNDS Acquisition Cost: $ 140,000 Construction/Rehab 220,000 Demolition - Contingency (10%) 22,000 Subtotal Construction: $ 242,000 Fees and Services - Financing - Insurance 1,000 Legal and Title 3,000 Marketing and Education 1,000 Peirmits/Surveys 5,000 Utilities/Carrying Costs 1,000 Marketing&Rent Up Real Estate Taxes 3,500 Insurance Maintenance&Utilities Relocation Appraisal 500 Security Construction Loan Interest 1,300 Construction Financing Fees 1,000 Permanent Financing Fees Other: Other: Soft Cost Contingency 1,000 Subtotal Soft Costs: $ 18,300 Capitalized Reserves Developer Overhead 13,0010 Developer Fee - TOTAL DEVELOPMENT USES 413,300 FROM"fill;OFFICE OF: oregmy'r,Curtis,Esq. GOLIWAIN&CURTIS,P.C. 144 Merrimack Street Lowell,MA 01852 STANDARD PURCHASE AND SALE AGREEMENT (With Contingencies) The parties make this Agreement this 25"'day of August, 2016, This Agreement supersedes and replaces all obligations made in any prior Contract To Purchase or agreement for sale entered into by the parties. 1. Parties. Gilda Ferris of North Andover, Massachusetts, the"SELLER", agrees to sell and Bread and Roses Housing Inc., a Massachusetts corporation with a principal place of business at 15 Union Street, Suite 401, Lawrence, Massachusetts 01840, the "BUYER," agrees to buy, the premises described in paragraph 2 on the terms set forth below. BUYER may require the conveyance to be made to another person or entity ("Nominee")upon notification in writing to SELLER at least five business days prior to the date for performance set forth in paragraph 5, Designation of a Nominee shall not discharge the BUYER fi•om any obligation under this Agreement and BUYER hereby agrees to guarantee performance by the Nominee. 2. Description Of Premises. The premises(the"Premises")consist of, (a) the land with any and all buildings thereon known as 70 May Street, North Andover, Massachusetts, as more specifically described in a deed recorded in the Essex North District Registry of Deeds at Book 1316, Page 543, a copy of which [ ] is [X] is hat (choose one)attached;and (b)all structures, and improvements on the land and the f=ixtures, including,but not limited to: any and all storm windows and doors,screens, screen doors,awnings, shutters,window shades and blinds, curtain rods, furnaces,heaters,heating equipment, oil and gas burners and fixtures, hot water heaters, plumbing and bathroom fixtures, towel racks, built-in dishwashers, garbage disposals and trash compactors, staves,ranges,chandeliers,electric and other Iighting fixtures,burglar and fire alarm systems, mantelpieces, wall-to-wall carpets, stair carpets, exterior television antennas and satellite dishes, fences, gates, landscaping including trees, shrubs, flowers; and the following built-in components, if any: air conditioners, vacuums systems, cabinets, shelves, bookcases and stereo speakers, and - , but excluding NONE [insert references to refrigerators, dishwashers, microwave ovens, washing machines, dryers or other items, where appropriate] 3. Purchase Price. The purchase price for the Premises is ONE HUNDRED FORTY THOUSAND and NO/100 ($140,000.00)DOLLARS of which $ 0.00 were paid as a deposit with Contract To Purchase;and $ ..5,000.00 are paid with this Agreement;and $ 135,000.00 are to be paid at the time for performance by bank's,cashier's,treasurer's or certified check,IOLTA check or by wire transfer. $ 140,000.00 Total 4. Escrow. All funds deposited or paid by the BUYER shall be held in a non-interest bearing escrow account,by Attorney Gregory T. Curtis, Goldman & Curtis, P.C., 144 Merrimack Street, Lowell, Massachusetts 01852, as escrow agent, subject to the terms of this Agreement and shall be paid or otherwise duly accounted for at the time for performance. If a dispute arises between the BUYER and SELLER concerning to whom escrowed funds should be paid,the escrow agent may retain all escrowed funds pending written instructions mutually given by the BUYER and the SELLER. The escrow agent shall abide by any Court decision concerning to whom the funds shall be paid and shall not be made a party to a lawsuit solely as a result of holding escrowed funds. Should the escrow agent be made a party in violation of this paragraph, the escrow agent shall be dismissed and the party asserting a claim against the escrow agent shall pay the agent's reasonable attorneys'fees and costs. [If interest is to accrue on escrowed funds; indicate to wham it shall be para] BUYER's initials S LCA Rwti,k S. Time For performance, The SELLER shall deliver the deed and the BUYER shall pay the balance of the purchase price at 1:00 o'clock p,m. on the 23 d day of September, 2016, at the Essex North District Registry of Deeds, or at such other time and place as is mutually agreed in writing. TIME IS OF THE ESSENCE; AS TO EACH PROVISION OF THIS AGREEMENT. Unless the deed and other documents required by this Agreement are recorded at the time for performance, all documents and fiends are to be held in escrow, pending prompt rundown of the title and recording(or registration in the case of registered land). SELLER'S attorney or other escrow agent shall disburse funds the next business day following the date for performance,provided that the recording attorney has not reported a problem outside the recording attorney's control. 6. Title/Flans.The SELLER shall convey the Premises by a good and sufficient quitclaim deed running to the Buyer or to the BUYER'S nominee,conveying good and clear record and marketable title to the Premises,free from liens and encumbrances,except: (a) Real estate taxes assessed on the Premises which are not yet due and payable; (b) Betterment assessments,if any,which are not a recorded lien on the date of this Agreement; (c) Federal,state and local Iaws,ordinances, bylaws,rules and regulations regulating use of land,including building codes, zoning bylaws, health and environmental laws; (d) Rights and obligations in party walls; (e)Any easement,restriction or agreement of record presently in force which does not interfere with the reasonable use of the Premises as now used; (f) Utility easements in the adjoining ways; (g)Matters that would be disclosed by an accurate survey of the Premises;and (h) NONE finsert in(h)references to any other easement, restriction, lease or encumbrance which may continue after title is transferred) If the deed refers to a plan needed to be recorded with it,at the time for performance the SELLER shall deliver the plan with the deed in proper form for recording or registration. 7. Title Insurance. BU'YER'S obligations are contingent upon the availability(at normal premium rates)of an owner's title insurance policy insuring BUYER'S title to the premises without exceptions other than the standard exclusions from coverage printed in the current American Land Title Association ("ALTA")policy cover, the standard printed exceptions contained in the ALTA form currently in use for survey matters and real estate taxes(which shall only except real estate taxes not yet due and payable)and those exceptions permitted by paragraph 6 of this Agreement, 8, Closing Certifications and Documents. The SELLER shall execute and deliver simultaneously with the delivery of the deed such certifications and documents as may customarily and reasonably be required by the BUYER'S attorney, BUYER'S lender, BUYER'S lender's attorney or any title insurance company insuring the BUYER'S title to the Premises, including, without limitation, certifications and documents relating to: (a) parties in possession of the premises; (b) the creation of mechanics' or materialmen's liens; (e)the HUD-1 Settlement Statement and other financial affidavits and agreements as may reasonably be required by the lender or lender's attorney; (d) the citizenship and residency of SELLER as required by law; and(e) information required to permit the closing agent to report the transaction to the Internal Revenue Service.At the time of delivery of the deed,the SELLER may use monies from the purchase to clear the title,provided that all documents related thereto are recorded with the deed or within a reasonable time thereafter acceptable to the BUYER.and,provided further, that discharges of mortgages from banks, credit unions, insurance companies and other institutional lenders may be recorded within a reasonable time after recording of the deed in accordance with usual conveyancing practices. The SELLER'S spouse hereby agrees to release all statutory, common law or other rights or interest in the Premises and to execute the deed, if necessary. W(ER's Initials S LtUR'S)nitiats 9. Possession And Condition Of Premises. At the time for performance the SELLER shall give the BUYER possession of the entire Premises, free of all occupants and tenants, At the time for performance the Premises also shall comply with the requirements of paragraph 6,and in the same condition as the Premises now are, reasonable wear and tear excepted, with the SELLER to have performed all maintenance customarily undertaken by the SELLER between the date of this Agreement and the time for performance, and there shall be no outstanding notices of violation of any building, zoning, health or environmental law, bylaw, code or regulation, except as agreed. The BUYER shall have the right to enter the Premises within forty-eight(43) hours prior to the time for performance or such other time as may be agreed and upon reasonable notice to SELLER for the purpose of determining compliance with this paragraph. At the time of recording of the deed,or as otherwise agreed,the SELLER shall deliver to BUYER all keys to the,Premises. 10. Extension Of Time For Performance. If the SELLER cannot convey title as required by this Agreement or cannot deliver possession of the Premises as agreed, or if at the time of the delivery of the deed the Premises do not conform with the requirements set forth in this Agreement or the BUYER is unable to obtain title insurance in accordance with paragraph 7, upon written notice given no later than the time for performance from either party to the other,the time for performance shall be automatically extended for thirty (30) days, except that if BUYER'S mortgage commitment expires or the terms will materially and adversely change in fewer than thirty (30) days, the time for performance set forth in paragraph 5 shall be extended to one business day before expiration of the mortgage commitment. SELLER shall use reasonable efforts to make title conform or to deliver possession as agreed, or to make the Premises conform to the requirements of this Agreement. Excluding discharge of mortgages and liens, about which the SELLER has actual knowledge at the time of signing this Agreement,the SELLER shall not be required to incur costs or expenses totaling in excess of one-half(1/2)of one percent of the purchase price to make the title or the Premises conform or to deliver possession as agreed. If at the expiration of the time for performance, or if there has been an extension, at the expiration of the time for performance as extended, the SELLER, despite reasonable efforts, cannot make the title or Premises conform, as agreed, or cannot deliver possession,as agreed, or if during the period of this Agreement or any extension thereof, the SELLER has been unable to use proceeds from an insurance claim, if any, to make the Premises conform, then, at the BUYER'S election, any payments made by the BUYER pursuant to this Agreement shall be immediately returned. upon return of all such funds, all obligations of the BUYER and SELLER shall terminate and this Agreement shall automatically become void and neither the BUYER nor SELLER shall have further recourse or remedy against the other. 11, Nonconformance Of Premises. if the Premises do not conform to the requirements of paragraph 9 because they have been damaged by fire or other casualty (occurring after the date of this Agreement) that is covered by insurance, then the BUYER shall have the right to elect whether or not to proceed to accept the Premises and take title. If BUYER elects to proceed BUYER shall have the right to elect to have the SELLER pay or assign to the BUYER, at the time far performance, the proceeds recoverable on account of such insurance, less any cost reasonably incurred by the SELLER for any incomplete repairs or restoration. Ifthe SELLER, despite reasonable efforts, has neither been able to restore the Premises to its former condition nor to pay or assign to the BUYER the appropriate portion of insurance proceeds, the BUYER shall have the right to elect to have the SELLER give the BUYER a credit toward the purchase price, for the appropriate amount of insurance proceeds recoverable less any costs reasonably incurred by the SELLER for any incomplete restoration. 12. Acceptance Of Deed, The BUYER shall have the right to accept such title to the Premises as the SELLER can deliver at the time for performance and if extended,shall have such right at the time for performance,as extended. The BUYER shall also have the right to accept the Premises in the then current condition and to pay the purchase price without reduction of price. Upon notice in writing of BUYER'S decision to accept the Premises and title, the SELLER shall convey title and deliver possession. Acceptance of a deed by the BUYER or BUYER'S nominee, if any, shall constitute full performance by the SELLER and shall be deemed to release and discharge the SELLER from every duty and obligation set forth in this Agreement, except any duty or obligation of the SELLER that the SELLER has agreed to perforin after the th-ne for performance.Notwithstanding the foregoing,all warranties, if any,made by the SELLER shall survive delivery of the deed. 11 Adjustments. At the time for performance of this Agreement adjustments shall be made as of the-date of performance for current real estate taxes, fuel value, water rates, sewer use charges, collected rents, uncollected rents (if and when collected by either party), security deposits, prepaid premiums on insurance if assigned. The net total of such adjustments shall be added to or deducted frorn the purchase price payable by the BUYER at the time for performance. If the real estate tax rate or assessment has not been established at the time for performance, apportionment of real estate taxes shall be made on the basis of the tax for the most recent tax year with either party having the right to request apportionment from the other within twelve months of the date that the amount of the current year's tax is established. [If tenants will continue to occupy BUYER'S Initials SELLER'S Initials the Premises, use of the Rental Property Addendum tri Purchase And Sale Agreement should be considered.] 14. Acknowledgment Of Fee Due Broker. No broker involved in this contract for BUYER or SELLER. 15. Buver's Default. If the BUYER breaches this Agreement, all escrowed funds paid or deposited by the BUYER shall be paid to the SELLER as liquidated damages. Receipt of such payment shall constitute the SELLER'S sole remedy, at law, in equity or otherwise, for BUYER'S default. The BUYER and SELLER agree that in the event of default by the BUYER the amount of damages suffered by the SELLER will not be easy to ascertain with certainty and, therefore, BUYER and SELLER agree that the amount of the BUYER'S deposit represents a reasonable estimate of the damages likely to be suffered. 16. Buyer's FinancinLx. WAIVED, 17. Inspections/Survey. WAIVED, 18. Lead Paint Laws. For premises built before 1978 BUYER acknowledges receipt of the "Department of Public Health Property Transfer Notification" regarding the Lead Law, acknowledges verbal notification of the possible presence of lead hazards and the provisions of the Federal and Massachusetts Lead Laws and regulations, including the right to inspect for dangerous levels of lead. Occupancy of premises containing dangerous levels of lead by a child under six years of age is prohibited, subjected to exceptions permitted by law. BUYER further acknowledges that neither the SELLER nor any real estate agent has tirade any representation, express or implied,regarding the absence of lead paint or compliance with any lead law, except as set forth in writing. BUYER assumes full responsibility for compliance with all laws relating to lead paint removal, if required by law, and related matters (in particular, without limitation, Mass. G,L., c. I 11, § 197), and BUYER assumes full responsibility for all tests, lead paint removal and other costs of compliance. Pursuant to 44 CMR 745,113(a), the Property Transfer Notification Certification is attached to this agreement. 19, Certificate of Approved Installation. WAIVED. 20. Warranties And Representations. The SELLER represents and warrants that the Premises [ J is/[X] is not[choose one] served by a septic system or cesspool. [If yes, a copy of the Title 5 Addendum is attached.] The SELLER further represents that there[ 1 is/[X J is no[choose one]underground storage tank. The SELLER further represents and wan-ants that SELLER has full authority to enter into this Agreement. The buyer is not relying upon any representation, verbal or written, from any real estate broker or licensee concerning legal use. Any reference to the category (single family, multi- family, residential, commercial) or the use of this property in any advertisement or listing sheet, including the number of units, number of rooms or other classification is not a representation concerning legal use or compliance with zoning by-laws, building code, sanitary code or other public or private restrictions by the broker. The BUYER understands that if this information is important to BUYER, it is the duty of the BUYER to seek advice fi•om an attorney or written confirmation from the municipality. In addition, the BUYER acknowledges that there are no warranties or representations made by the SELLER or any broker an which BUYER relies in making this Offer, except those previously made in writing and the following: NONE Aftuone, .state "noire"; if'any listed, indicate by whom the warranty or representation was trade.] 21, Notices. All notices required or permitted to be made under this Agreement shall be in writing and delivered in hand, sent by certified mail, return receipt requested or sent by United States Postal Service overnight Express Mail or other overnight delivery service, addressed to the BUYER or SELLER or their authorized representative at the address set forth in this paragraph. Such notice shall be deemed to have been given upon delivery or, if sent by certified mail on the date of delivery set forth in the receipt or in the absence of a receipt three business days after deposited or, if sent by overnight mail or delivery, the next business day after deposit with the overnight mail or delivery service, whether or not a signature is required, Acceptance of any notice, whether by delivery or snail, shall be sufficient if accepted or signed by a person having express or implied authority to receive same. Notice shall also be deerned adequate if given in any other form permitted by law. [If there are multiple buyers, identify the wailing address of each buyer in paragraph 23] IN p BUYER's lnitials SELLER'S initials BUYER: Bread and Roses Housing Inc. SELLER: Gilda Ferris 15 Union Street,Suite 401 c/o Joseph Ferris Lawrence,MA 01840 196 Apache Way (978)685-1823 Tewksbury, MA 01876 (978)390-4717 Attorney Jennifer Goodsell Attorney Gregory T.Curtis 20 Mary E. Clark Dr.,47 144 Merrimack Street Hampstead,NH 03841 Lowell,MA 01852 (603)489-2473 (978)454-8804 JenOu ink,d.scillau,.com_ gcurti� it oldman-cu€tis.coin 22. Counterparts 1 Faesimilies / Construction Of Agreement. This Agreement may be executed in counterparts. Signatures transmitted by facsimile shall have the effect of original signatures. This Agreement shall be construed as a Massachusetts contract; is to take effect as a sealed instrument; sets forth the entire agreement between the parties; is binding upon and is intended to benefit the BUYER and SELLER and each of their respective heirs, devisees, executors, administrators, successors and assigns; and may be canceled, modified or amended only by a written agreement executed by both the SELLER and the BUYER. If two or more persons are named as BUYER their obligations are joint and several. If the SELLER or BUYER is a trust, corporation, limited liability company or entity whose representative executes this Agreement in a representative or fiduciary capacity, only the principal or the trust or estate represented shall be bound, and neither the trustee, officer, shareholder nor beneficiary shall be personally liable for any obligation, express or implied. The captions and any notes are used only as a matter of convenience and are not to be considered a part of this Agreement and are not to be used in determining the intent of the parties. Any matter or practice which has not been addressed in this agreement and which is the subject of a Title Standard or Practice of the Real Estate Bar Association for Massachusetts, formerly known as the Massachusetts Conveyancers Association, at the time of performance shall be governed by the Standard of Practice of the Massachusetts Real Estate Bar for Massachusetts. 23. Additional Provisions. 1. SELLER to provide original or certified copy of Death Certificate for Maria Vernillo for recording prior to or at the time of the closing date, 2. BUYER agrees to accept the property in"as is"condition,including all remaining personal property of SELLER which has not been removed prior to the closing date, 3. Subject to grant approval by the North Andover Board of Selectmen,which vote is currently scheduled for August 29, 2016 UPON SIGNING, T141S DOCUMENT WILL BECOME A LEGALLY BINDING AGREEMENT. IF NOT UNDERSTOOD,SEEK ADVICE FROM AN ATTORNEY. BUYER: SELLER: BREAD AND-R-GS�S HOUSING INC, B . else i 1, eutive Director tda Fere is Date, dug tom,2016 Date: August 2016 sm, f311YF-,R'S initials SELLER'S hiitials PJ yew i w� e J o �. u f w ;w ��f a � � �r�ll�� + �( !IY�uu61 �i !,,,,,,,, i rl/ �011e/�/,�!��l�lUk�114U1�`,G��r�N�lh�lllN�!�l/��y�t�/�alll�lllllI/,`'��i ,,, "• � r' tic „. ';"ro�al�11�JO,�r f J ry �� 1�/ ���� � � im.Gr/yww�✓.�mtlw; of f✓!�. `j�iY,; uw ✓ u4���� 8f � it ar�pl ��„��15 ��+.,4=",� � r u'�u �`" 1 0�"�w N�r a �� �� t�` A f Y'IAIY �fut�v "�, n.. ;., ,/..� „ II � ,� n,,.`;,,s "''.!r%�''� '„ ,,,r,.,, ,F,i� 1 '�'%�/....moi, ;.... ., � �J All /ri>Yi', � � � �����trdw�r,� d %�i� �/iii /�„ if ���Gi��i�%%%�/�il /,���r��ii/��� �i //;,/� fir' elf j �/i�� ;,,�,, �1 �� r �/ �// / �� � hili �/% 'r i //� ,,, �/ J%'jf' /l�i�, J��� ;fir j l/���1�� iii r!% � ��1� � �i � i /i 1/,i i i;� (� F J r %�� / ����iil� - � � � i� �r (ll �/ �i' � J � ;� - � iia//�/ �j/// �r11( f i��/ `y � / j� ��%%ij ��� 1 Y AP,' � �"� 1 I �� / l j p /�/j///%// I> 8" � '/ r ��/�%r ,+�rq�`"�"' iii iai�iiiiiioii, �� -.. ,�>�, �i/ �� � 4 � Fier � rr � i r / �, l � ���/, �i! '' :�. � � � � BBBB��B�d6�8819umu �9� i� 'G � ��'1 A NlG r/%//,/ %� ���/////////�/%ii r , ///%i is; /jf/✓o///���/// //�1'%/ //� �// li II I� i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II ti" a n / ��IIV ��1((((fN��Nlll/f0iu�i�IIHJOWi��tVfys�[r�r�rlr�ryl�fi�V(srr(3/�u�iruful�f�f�f s ' i 7 { AGENDA COVEN MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie BurJaff, Executive Assistant Date: August 25, 2016 Re: Fill the Boot Drive Request from: Dan Pas, president of Local 2035 North Andover Firefighters For: Approval to use the OldCenter rotary on Saturday, September 24, 2016 from 8:00AM to 12:00PM for a "Fill the Root" drive to benefit Muscular Dystrophy Association. Reviewed by: Police Department Notes: No conditions Fire Department Notes: No conditions Public Works Notes: No conditions NOUHANDOVER iassac�,useits Laurie Burzlaff<Iburzlaff@northandoverma.gov> Re: Selectmen's Meeting Agenda 1 message Daniel Pas <dpas@northandoverma.gov> Mon, Aug 22, 2016 at 10:56 AM To: Laurie Burzlaff <Iburzlaff@northandoverma.gov> Hi Laurie. We were looking to hold our Boot Drive @ the rotary as was done last year from 8-12. 1 was unaware of the Fall Festival being that day as this date was given to us by the MDA. If this would cause a conflict I can certainly ask for another date from them just let me know. Thank you. On Mon, Aug 22, 2016 at 10:17 AM, Laurie Burzlaff <Iburzlaff cr northandoverrna.gov> wrote: Dan: I'll put you on the agenda for August 29th. Where are you looking to do this and what time? Did you know the Fall Festival is on the Common on that day? On Fri, Aug 19, 2016 at 2:54 PM, Daniel Pas <dpas@northandoverma.gov> wrote: Good Afternoon Laurie. I was looking to get on the next Selectmen's Meeting Agenda regarding permission to run a Fill The Boot drive for MDA. I have been given a date of Saturday September 24th by the MDA and would like to request permission as has been done in the past. If you have any questions please let me know. Thank you. Daniel Pas President Local 2035 North Andover Firefighters Cell: (978)853-2040 E-Mail:Dpas@narthandoverma.gov Regards, Laurie A. Burzlaff Executive Assistant to Town Manager Town of North Andover 1600 Osgood Street, Suite 2043 North Andover, MA 01845 978-688-9510 LBurzlaff@northandoverma.gov Daniel Pas President Local 2035 North Andover Firefighters Cell: (978)853-2040 E-Mail:Dpas Dpas@northaiidoverma.gov Notaft ANf)owf� Laurie Burzlaff<lburzIaff@northandoverma.9ov> Re: Selectmen's, Meeting Agenda Charles Gray <cgray@n,apd.us> Tue, Aug 23, 2016 at 10:19 AM To: Laurie Burzlaff <Iburzlaff@northandoverma.gov> The Police Department has no concerns. Firefighters did not impact traffic and were wearing safety gear. On Tue, Aug 23, 2016 at 10:17 AM, Laurie Burzlaff <Iburzlaff@riort[)andovernia.gov> wrote: Please provide recommendation. Thank you. ---------- Forwarded message ---------- From: Daniel Pas <dpas@northandoverrna,gov> Date: Mon, Aug 22, 2016 at 10:56 AM Subject: Re: Selectmen's Meeting Agenda To: Laurie Burzlaff <[bLirzlaff��pnorthandoverma.gov> Hi Laurie, We were looking to hold our Boot Drive @ the rotary as was done last year from 8-12, l was unaware of the Fall Festival being that day as this date was given to us by the MDA. If this would cause a conflict I can certainly ask for another date from them just let me know. Thank you. On Mon, Aug 22, 2016 at 10:17 AM, Laurie Burzlaff <Iburzlaffc iorthandoverrria.gov> wrote: Dan: I'll put you on the agenda for August 29th. Where are you looking to do this and what time? Did you know the Fall Festival is on the Common on that day? On Fri, Aug 19, 2016 at 2:54 PM, Daniel Pas <dpas@northandoverrna.gov> wrote: Good Afternoon Laurie. i was looking to get on the next Selectmen's Meeting Agenda regarding permission to run, a Fill The Boot drive for MDA. I have been given a date of Saturday September 24th by the MDA and would like to request permission as has been done in the past. If you have any questions please let me know, Thank you. Daniel Pas President Local 2035 North Andover Firefighters Cell: (978)853-2040 E-Mail:Dpas@northandoverma,gov Regards, Laurie A. Burzlaff Executive Assistant to Town Manager Town of North Andover 1600 Osgood Street, Suite 2043 North Andover, MA 01845 978-688-9510 LBLII-Zlaff(c_Dnoi-thaiidovernia.gov TOWN OF' NORTI-1 jkN-DONTER Firc Deputiiie"kl (-"ejarM rar, fic,,i(lqtuarfers 795 Cliickeriuig Road NORTH ANEX)VUR, NIASSACI I'LISF"I"I'S 018 Uiief(978) 688-9593 -91590 WILI-AAM MCCIARTHY Bminess (978) 688 (71,ph,j(..?fD(.par1mcm, FAX (1978) 1689-9594 To, Laurie Burzlaff August 25, 2016 From: Lt Robert Ronenfant Re: Boot Drive The Fire Department has reviewed the request by the Local 2035 the North Andover Fire Fighters to hold their annual MDA Boot drive in the old center September 24, 2016 from 8 to 12. We do not have any other issues with this request. Lt Robert Bonenfant Fire Prevention Officer North Andover Fire SERVING PROUDLY SINCE 1921 INTEROFFICE MEMORANDUM DATE: 8123116 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau CC: RE: Boot Drive The Division of Public Works has no objection to the request from Daniel Pas, North Andover Fire Fighter, to have the boot drive for MDA on Saturday, September 24, 2016 at the rotary at the Old Center. s ' • +r i i AGENDA COVER MEMORANDUM To: Board of Selectmen j Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2016 Re: 32 Boston Hill Road easement f Attached is a letter from Attorney Paul Ross requesting the Beard vote to correct an easement granted to the Town by his clients, Frank and Sharon aevan, The easement was approved by the Board in 20,10 for the purpose of extending the municipal sewer line, however, the easement document that was signed and recorded allowed for the area to also be used as a public way. If the Board votes to amend the easement, the Town Manager will have a new easement and plan drafted and brought before the Board at a future meeting for approval and signature. 1 f i Law Office of Paul Ross 65A Flagship Drive, Nor[Il Andover, MA 0l845 Phone: (978)886-9319 Fax: (()78) 824-2310 l"mail: Isr.�volticc_t�tp',t�ilr tis�tr`ccatncast.net August 25, 2016 Via l.allal l Board of Selectmen "Town of North Andover 1600 Osgood Street, Suite 2035 North Andover, MA 01845 Re: 32 Boston Hill Road, North Andover, MA Reformation of Lasellient ladies atui Crcntlenlen: I represent the Frank and Shul-on Dcvan as the owners of 32 Boston i lilt Road regarding an easement they granted to the Town of North Andovcr in 2010. As written, the easement (See attached Exhibit 1) is defective \vith respect to both the area and the scope of rights granted. We are hereby request the Selectman approve the actions below to correct both issues, Defective Area The recorded casement was initially granted for the purpose of extending town sewer to 1168 Boston I-]ill Road uphill fron, my clients- property at '1132 Boston Hill Road. We have marked up the attach excerpt of a plan (I xhibit 2) provided by the 'Town of North Andover Engineer's offIcc2 to illustrate the easement issues. The granted easement arca is labeled "right-of-way easement" and shown as a dashed line parallel to Boston 1 fill Road and highlighted in yellow. The plan also shows the as-built locatinn of the sower ling; in bloc and highlighted in pin.l:, 'The sewer misses the casement by Approximately 6 feet and encroaches upon illy clients, property as it crosses their nortim,esterly property line. 1'n corree:'t this de/m, mi?clients request shut the Board of Selectmen f1171vol,e it reJAICement Casement arecl '1)0'1'1!?ded b,1 the existing lot fines and(I 1'1('w line l S/ ei ()//,S'e't /1'0177 the (!.s''1�t111t lOC(ItrU1"1 U/1170 ,S'e1Uer. his Clreel lvol d l)r Ovide the Town the C1c:cess t0 m(fini(1117 the ,5'L')ver line us-built. l hLIVe shoo n this I.n.ol)osc l rkIkice meat Cu. elnellt elre(r in red on the Cltt(lcheCllkin excegM (Frani of Fascnlcnl dated Sel)(e tlber 7, 2010 recorded at the Essex North Registry of Oeeds at Book 12202, nage. 52. Plan ell[itled "Roadway DO-mitive Plan ]or Boatan Hill Road in North Andover, Mass.", elated July 5, 2010, prepared by Christiansen & Sergi, plc. for allplicmlt Gene Willis, The full set of plans are also at[ached. i Defective SCODC of Easement ( etre Willis, then owner ol'468 Boston Ifill Road and North Andover-Town l.:ngineer, requested and my clients" agree(] to an underground sewer casement to allow #GR Boston Ifill Itoad to be tied to Tows, sewer (lite to a failed septic system. Willis drafted the Grant of I?ascment (See 171xhibit 1) but unfortunately expanded the easement rights to a Pull public way'; instead ol'being restricted to the agreed urulergrot.111d sewer. My clients dict not agree to the exf-nanclecl rights as they would dramatically impact their existing front yard. It is my understanding that expanding a sewer easement to a full public: ways easement was not and is still not the normal practice For the Town of North Andover. In addition, Willis represented to the Board of Selectmen in writilzg on ` Ow" letterhead that the: easement 1vas for a sewer extension. Seo attached Fxhibit 3, better (lilted September 8, 2010 signed by Genc Willis, Town I:angineer. The Selectmen's ttteeting, rllirlutes Crom SeptQmber 20, 2010 (See Exhibit 4) note that the easements were also represented to the. Board of Selectmen as sewer easements. T'he Board never considered nor accepted a full public ways easement at its September 20, 2010 meeting,. rhe!'tt/Ul'G' 1{) C(}r•1.ect this dq//x1, we 1vquest thut the e]sling eose1T ent 1,econktl til the r11ooh E.Ysex Regi ti)? a/Deech tit Book 12202, Ptigre 52 uncr< Im.rched hel-wo (ts L'xhibil f be voOecl(beef i-el lml vjilt a mw msemeni cis ales(•-ibed and requested cibuve alul llrrlileLl 10 the USe Cnel r11L1intenunce o he (ts-bluff ,1`vel' (M/Y. DOt;llmelltation Of Re 3lacenIcnt Easement 1'cr lily meeting with the "Town Manager. Andrew Maylor, I understand the Town ol'North Andover will be able to handle both the drafting of the replacement easement deed as well as the Creation of a new casement plan all its described above. I will assist the Town to the: eXtent necessary and approve the easement documents for my client. I anticipate that the replacer�ie It easetl)ent doct.rments, once ill fanttl form, will be brought before the Board for approval and signature. Thank you for yo(r consideratit�n ol'this rltatter- Sincerely, -w Paul ]toss See (MINI l ,it paragniph 1, "tri use said r[sCIMIlt as t)Lrl}lie ways". Page 2 9/25/2016 O X ok �" � • Bk 12202 Pv a2 ABO-PE FOR'RIEGI'S'TR Y OF DEEDS USE ONLY COVER i,JiLE 71 THIS IS THE FIRST PAGE OF TBCS DOCUMENT D 0N0T ALH O0 E f t_ cnry' GRANTOR GRANTEE f 23 ArlprV r ir" ADDRESS OF PROPERTY ITY/TO" TYPE QF DO CTM ,NT MLC ASSIGN :ZN'I _ TYPE _ .. .,DEED �61) MORTGAGE -,—NOTICE _ TYPE DISCHARGE SUB ORD)NATION AFFIDAVIT , CERT _ TYPET DEC OF HOMMSTEAD 'ICC_ TYPE DEC OF TRUST ...__OTHER DESCRIBE Essex North Registry of]deeds Robert F. ,(el'ley, ReglVep 354 Merrimack St. Suite 304 Lawrence, MA 01W (978) 683-2745 www.lawrencedeeds,co m GRANT OF EASEMENT We, Francis Devan & Sharon Devan ("Grantor'), of 32 Boston Hill Rd., North Andover, Massachusetts, for consideration of less than One Hundred ($100.00) Dollars, grant to the Inhabitants of the Town of North Andover, a Massachusetts municipal corporation with a mailing address of c/o Town Manager, 120 Main Sheet, North Andover, Massachusetts ("Grantee"), with quitolaini covenants, the non-exclusive perpetual right and easement over the following land to pass and repass over said easement area and to use said easement area as public ways are used in the Town of North Andover, including but not limited to the installation, repair and maintenance of municipal utilities. The arra shown as "Easement Arca"on the plan entitled"Easement Plan located in North Andover MA, prepared for Francis & Shamn DevM dated 7/14/10, rev. 7/27/10" drawn by Christiansen & Sergi Inc., recorded herewith, containing 2977 sq. t-. more or less as shown on such plan. For Grantor's title see deed recorded at North Essex Registry of Leeds,Hoak 1284, Page 474. The Cnantors hereby release the Town of North Andover from any and all claims that the Grantors may have regarding the granting of the easement and the Grantor further acknowledge that the grant of the easement is not payment for any municipal utility or connection fees or betterment assessments. �wrwri r.,.,us ae,„=«ter VIM a*"CW�A&W*X � rrrl�arcr EASEMENT PLAN LOCA Mo w NORTH ANDOVER,MA. ARMPARED MW FRANCIS J. & SHARON M.DEVAN MgXrO MU W.AkXAAV0$fP.W utiW rnena rw,rWno $eWf t+kr V u ro to rr I GJ7ro"Y"T no$P:ANCoAfoli TV REFERENCE PLAN&DEED THE MM AND AWUA TK*0OFrill' L NE.rta PLAIT 00 1.N.r,g,a W,12M Pa474 At1E grl`lVVY r BOSTON HILL RD. " HtYwltrW it r �-sse +irw -------------- - _- mLwlrsrw auwae-w EASEMENT AREA xsmf,A=?,9T/SQ.FT. r�yr A068 ACRES.* ASSESSOR MAP 107B LOT 71 LAND OF IAF FRAN ISA SNMCW DEVM At CCW AW n+ic"N E h4KtEy MUST f CM no r YW W~YY LM"sHOMART:YW 1.P&S GvvAP W pWr>W 0OWMIOM AND riff L#J"CF S"UMMAWMY$Sf*O14 AWT#fGt'+FAF'P9fIIGC'UR PWA T OR*KYSAUrWWYEBrAlaLLSf",Ana AO aFEJ1wnw OKNFM*ops OR + 0 WTEN4fWCT10NRfk Trl�c�InwxAlxa�rslrc�slvAftor>:.�slvrr�ua�n mll�rr R6'Ct9TR.{Th?/J F1E'GH.MRFAfFm9.Ma tS MP7A['.k�tT7�.AT�MI 717 riY1.f,T GW�GIwPNOPERTYS►�17MM0'i1�ilERSY+➢P PiA,DlK1pVRYGP/AOPEr/1'>K�FArtE AG>�DfaUMJt n7 ASSE9S0R5Rf:CagM NOTE Till:'WrkgrOf MS PWtfS rO DEMRSE AN F.tiS MEWRt+rw�f WO FOW LAWAJ* PRC�rE S"U HERS IE LAND SURVf�YORE 0FkltAW 4 O A ICOR 1AA0 -VEVAME TRUST Y17 JC5 CHRISTIANSEN& SERGI, INC. u,�o r,F OFALCQ+71�Ic�rrti+EF rRusr. fdOSt>t1ifE718'YRE*7 amw Dwc.Nn,9019.001.007 WITNESS our hand and seals this_7 _day of . 2010. .- Francis DevxV Sharon Devan Commonwealth of Massachusetts Essex, SS. , 2010 On this _t*day of, 2010, before me, the undersigned notary public, personally appeared Ifand , proved to me through satisfactory evidence of identification, which was # L-C@ t�� , to be the persons) whose r e(s) is/are signed ou the preceding document in my presence and acknowledged to me that it was signed voluntarily for its stated purpose Public My Commission Expires; "Ot_Z �.PBUW AW $ 2 We, the undersigned Members of the Board of Selectmen of the Town of North Andover hereby accept the foregoing Grant of Easements to the Town of North Andover. ROARD OF SELECTIk EN Selectman^ an Selectman el Selectman Commonwealth of Massachusetts Essex, ss. , 2010 W this ,'20 day of2010before me, the undersigned notary public, personally appeared the above a Board of Selectmen proved to me through satisfactory evidence of identification, which was known to rue to be the person whose name is signed on the preceding document in my presence and acknowledged to use that they signed it voluntarily for its stated purpose, as Selectmen of the Town of North Andover. a" 6) Notary Public My Commission Expires,, 29,z-dr/ 3 Ir it 4D vv A1Q, SIR 2 IS kTERIP -RAP NAY LEVEL SPREADER PROMPOSED GUARD RAIL HEADA PRO-POSED—'e' -47 HOPE 1W 12P HDPE Plrz - A-RED EN 0 FL 217-5:5. INV 2-M-72- ARIA A s2 SHARCAN DEVAN 1BMC&4AC* P%smr OF TOENI)ED TO L-M ROAD WIDENINKS ENSBAEN'T EXC419)*r 5" *rrAcM ROADWAY IMPROVEMENT DEFINITIVE PLAN FOR PL BOSTONILL ROAD IN PRC NORTH A MASS. CON ENGIVEER a F- FUGFNF WILLIS . Sox 66, y i NORTH1 T JULY , E <_ PROFESSONAL ENGINEERS& LANDSURVEYORS CHRISTIANSEN SUS -R vH. ---HL - S E G, IS 830 M - sW_ # = TEL_ T — ®INC �� . 'rOWN OF NOR`l It ANUOVVER F. • DIVISION OF PUBLIC WOR 384 OSGOOD STRI-ET NORTH ANI)OVER, MASSACHUSL,[L''S 01845-2909 nucr- D.TH1BODFATI, I'.f, DML,CTOR .• Telephone (978) 68.5-0950 .J11g ne P. Willis, PE _ -9573 Fnx (97$) 683 i'Director of E))-9i11ee1*19 • September 81 2010 North Andover Board of Selectmen Town Hall 184 Main St. North Andover, MA Re: Grant of Easement Dear Board Members, Norman Please find Enclosed, two easements executed on August 17 & 30, 2010 by P. Hawley and Maconcordia Baiingit-Hawley "Grantors") of 45 Boston St. and Sept.e of the by Francis Devan & Sharon Deva Nominee Tr Eugene P Will32 Boston Hill sdtr st e$ to extend the easements to allow Alcor Realty municipal sewer to a residence at 68 Boston M�1 aRown hich for th s extepresentlnsion; the(design and system. There are no costs to be incurred by th installation will be paid for by Eugene Willis. The easements enclosed have paper copies tand stampedhe pns referred tby the l R.P�L.S. who easements. The recorded plans will be mylar plan signed has created these plans. Please accept these easements at your r earlier convenience and return them to me for recording. Your attention in this S' el P. WeisP.E. own Engine Enc. ,. 6rd of Selacttrlen Minutes September 20, 2010 27 ?` National Take Back Initiative the North Andover Police Department will conduct a prescription drug disposal day as part of a nationwide Initiative by the US, Drug Enforcement Administration on September 25, 2010 from 8:00 a.m. to 12:00 noon at North Andover Police Station 566 Main Street. Annual Ceremonial Salute to Golgi Star Mothers and Donation Drive -Fly for freedom and the Salute to Gold Star Mothers at Lawrence Municipal Airport,Guest speaker is Senator Scott Brown, This event will be will be held on Sunday,September 26, 2010 from 9:00 a.m. to 4:00 p.m. Public Comment i Barry Sullivan of the Firefighter's Union asked how much money the Town has spent on legal fees since Town t, Meeting due to the firefighter's arbitration_ friends of the Senior Center Fundraiser"A Matter of Taste" t.: The Friends of the Senior Center will be holding their annual fundraiser"A Matter of Taste"on Friday,September f.. 24,2010 at the Stevens Estate, CONSENT ITEMS: ` First-time i-lomebuyers Assistance Pra ram,and use of HOME Funds Each year HOME provides funding to North Andover through the federal department of Housing&Urban Development (I IUD), The annual amount of money available to North Andover is roughly$68,1.74 ($136,000)for two years. The funding must be dispersed based on HUD guidelines and regulations for affordable housing. The Board of Selectmen was requested to vote to contlnue and allow the use of HOME funds for the first-time Homebuyer Assistance Prograrn attcl to allow our office to administer the funds with financial assistance from the Housing Trust. Tracy Watson made a MOTION,seconded by Richard Nardelfa,to authorize the continuation to disperse HOME funds for the First-time Iiomehuye:r Assistance Program, Vote approved 5-0. Affordable Housing Unit Resale Tracy Watson rl�made a MOTION,seconded by Richard Nardella,to not exercise their right of first refusal for the affordable housing,unit at 7.90 Chickering Road, Unit 207D at Kittredge Crossing and to have CHAPA and assistance from brokers with experience in managing affordable sales In helping the Town maintain the units as affordable. Vote approved 5-0, Grant of EasementµMunlcipal Sewer Extensions Richard Nardella made a MOTION,sec:anded by Tracy Watson, to approve an easement at 45 Boston Street and 32 Boston Hill Road to extend the municipal sewor to residents because of failed septic systems. Vote approved 5-0. l.ansca e Donations—New Police Station The Board of Selectmen was asked to accept the donation of goods and services from several residents and landscaping companies that have offered to assist the Town needs at the new police station. Richard Nardella made a MOTION, seconded by William Gordon,to accept the donation of goods and services from several residents and landscaping companies that have offered to assist the Town needs at the new police station. Vote approved 5-0. Acceptance of Vlcne Conferencing gui}�ment The Board of Selectmen was asked to accept the donation of Cisco/Tandberg Video Conferencing Equipment from CBE Technologies and Cisco Systems to the"town of North Andover/North Andover Public Schools in the amount of $64,000. Richard Nardella made a MOTION,seconded by William Gordon,to accept the donation of Cisco/Tandberg Video Conferencing Equipment from CBE Technologies and Cisco Systems to the Town of North Andover/North Andover Public Schools in the amount of$64,000. Vote approved 5-0. 't I PLAN OF EXISTING CONDITIONS ; LOCUS MAP I I rP5 xdae.. n �_ ��rt i 'm" s^' � �• �,�.nrzvaac mnr r o,s�i�r•.�w f ° � � �i' �mc�rsr.,aessnx� '. : II _ x �}IlL ROAD .� t -_`___ wo uv l� f tSf twam�aWuc,tixv�. r_�xa—�_ uwF,x s'nn � ��� un.n9V4 tsx.a � j I �sa'm" �—� ;LOT 3A¢ �'�s''zr/� �• f � PLAN SHOWING LOT 3A ----- INDEX ' �#3 � � � .r I c w 5HE€T ififi FwmeF�kSFx�CW+P�iW°sS &HEFT 10Pd PUN t1FP°iQAdiEe CdNeflldNS �4F1 R011QWhY P€wN6 RROFItE easreu, i `,�m;,� €r saKm eancnoNa€Tal=s OvT.�nAc "trss,4 ° ROADWAY IMPROVEMENT DEFINITIVE PLAN BOSTON MILL ROADPLAN OF EXISTING ' n NORTH ANDOVER,MASS. CONDITIONS II ' °1�Ja/tia� .,„ f j,,��r�` • 'vars: £"� 1!•'� ma�Jy J�a+ii�$"Yf(en r.�•i�'`*FI/f,�-'�- Rf"1,+�-�z�r•r�wF.,�nxwaacamw - �G,wFa+oYmH4aRcs.suISauxTicwaI cxoWxNk,ScEY.�eN a..m8.�S,eE rRrxG[.b�nsnIN;.�C - '. --._--. -_ -.-- uj 77F7 , � 7,77" 77 1 f 771 17 r i j > , r ,. +�S�STQN•Fjllk'RC�t1t�� `f -�`��� _ ��, � ._� �. e m i y f M1 r 't au+n m€ 6 _ Nvt`,R'i-1 l SGfR PSY[i'P fel , [x66'rf } rf, f.• tLasEg£SID WFa� LOT 3A '&, 1 SITE PLAN m o as as � uwwui�� � Mscc«r -- ROADWAY IMPROVEMENT DEFINITIVE KLAN BOSTON HILL ROAD PLAN OF PROPOSED NORTH ANDOVER,MASS_ CONDITIONS �- RETAINING WALL DETAIL 1. .- E pctar'cssiaxnl&ueuvI[r 1111s�av - LY c L -1--w— CHRtSTIAi SEN&SERGI INC. - ."ca .- r U3 � E LU a jo unu-rraem r - _amp.a 1 way°a'� ° "�7 s muiacn � BOSTON HILL ROAD a 1 — l e 9 Gl:f+� 1 �'n'ay I Gd6t[�sNS,Y.c] LOT 3A � aS 6.1 .3 PIAL ry • v ]4 nw V� S n1 V4' �. __ 1— ertznwacnwem a�wr�u msn PROFILE—BOSTON HILL ROAM ROADWAY IMPROVEMENT DEFINITIVE PLAN vLRTiCiu'sCnt.E:i'�B raxyT sa � FflF. BOSTON HILL ROAD ROADWAY iN PLAN& R�a NORTH ANDOVER,MASS, PROFILE CSI � l`�.i*t ®Ff#]€€591BHAL€xGlp€EA,561AV6S116421'4t9 CHRISTL4NSEN& G1,I SERNC. xRIS�ANSEmass.ma �EAPd ..ns xaw� - rts ��tit@-�y^aEa rt� rxi r»r._1 f TYPICAL ROADWAY SrC riCN STA 3+00-SFA 5-32 _ .•-x.._ - .<.,�. - Y �kY T s 17 anc�saaw"nee sw ----------------- .• _.ra. i� TYPICAL ROADWAY SECTION SIA 0+00•STA 3+00 F}AgIM 6AA14HOL€DETAIL s.xm.sc_•,�s<«s.�c�_�+- °a, �• - a'.rs+insvx - ..�rra@ecdln. IITS, aCATCH BASIN DETAILrc.aac>'22--,v ,. ROADWAY PAVEMENT SECTION INSERT tmlxtl�m "�.•. S rt ROADWAY CONSTRUCTION NOTES: Q�l_ TYPICALTRENtn�"vCH ' rlr�earP..�l„uc,a+rsu,v,ne.,«sa. a;sw.aro. seu@a,a. .nrraaci@ �avl€w -. �„ I ;„„tea.. ane rea=rs' a , LhGL4h➢�`IN ruva.ar. ,vwraa„eonmror,s � � -�.�--d I 4'dIKCREfE PRU➢u CCS INC, - V-t.4 hW6L"n,«✓.� "rg�. w.ra ��urn'c=w+wwrmx�M�smrvua€mx,tv:+ar rr-:x SEO€+nIlw G4TGH P35N ••aw:,. -.�-+.��,wsra•nr� us�„€asra a Qs': sru„ ..eerne„eea_ DROP€FILET 'r aase+zrc€uds-ro.eac€.w. .n xasaa. TYPE C •• ":` oc$.ev.c,ani c �arlaw,.saara�eau�e w4s caoeu craves�an�.,u w+,eln ,mrrr.rxaov.a - •' a,�wlsanaes u.rsxw.ue�ewu.aen�rmm�. s' u+a@nre..,suPew+e...wovrrzc�e ,ca.,�a_re:._�vs,�,..+oe..,E..saa..c. :• a.a,sacx,..a•rr+c eumercwiaar�wautly �@r«ro«,aar.,ax+s. - PRECAST CONCRETE DROP INLET DETAIL DETAIL—STONE FOR PIPE ENDS x env€.f�T. mrewcwwa�clweenrMxuad.da,.,.,.ada�.-.-rrx+=,r.,•..s�wa+' rrsr ssearvr azc..,4sa tmc.+srt�llw,r>av�rec�.srr:,. a>a.cr�m,nm, r�r,a. >'a:,a.-u r.•mw..na•..vaac•,r riaw-.� �s t -awe:ca+�:w �.'�a.+eieecems�c•� r» a p. x kmenanser MP fUUTRPAYEPA PATEN REgUREI�NTS. �— ROADWAY IMPROVEMENT DEFINITIVE FLatJ •sxa+ awsr cw?.� „mr:�,+mn.l»aaasrwa�re,ire,,,avc9vie,.,w,€+w cQa ro.e+e, P°.•.3ei'� nrs+�icn,aemr,. cng,nr e..c , .-ar�.@a�o.n�a.=b,sr. ..��aasam..rw,svw- BOSTON HILL ROAD CONSTRUCTION °N NORTH ANDOVER,MASS. DETAILS ab I:ur e�Aails CHRISTIANSEN&SERGI INC -- Employment Contract Between The Town of North Andover and William McCarthy, Fire Chief This AGREEMENT is made pursuant to M.G.L., chapter•41, Section 108(0) as of March 21, 2016 by and between the Board of Selectmen of the Town of North Andover, hereinafter referred to as the BOARD, Andrew W. Maylor, hereinafter referred to as the TO" MANAGER, or their successors, and William McCarthy, hereinafter referred to as Mr. McCarthy and/or the FIRE CHIEF, WHEREAS the BOARD, by affirmative vote on February 22, 2016 appointed Mr. McCarthy as the Town's FIRE CHIEF, WHEREAS the BOARD and the FIRE CHIEF desire to enter into an employment contract, WHEREAS the BOARD and Mr. McCarthy recognize Massachusetts General Laws Chapter 41, Section 108 (0) as the basis for negotiating this Contract, WHEREAS Mr. McCarthy is willing to undertake and perform the duties of said position according to the terms and conditions of this Contract; NOW, THEREFORE, the parties agree as follows: Article 1: Functions and Duties of the FIRE CHIEF The FIRE CHIEF shall perform faithfully, to the best of his ability, the functions and duties of the FIRE CHIEF pursuant to M.G. L, Chapter 48, Section 42, and the Town of North Andover Fire Chief Job Description as outlined in Addendum A, and keep the TOWN MANAGER fully informed of the affairs of the FIRE department, and such other duties as the TOWN MANAGER OR BOARD may assign, unless otherwise modified by the Town Charter or this agreement. Article IL Term This AGREEMENT shall commence on March 22, 2016, and shall be in full force and effect until March 21, 2019, The AGREEMENT shall be for a term of three years subject to Articles VI, VII and VIII. Article III: Town Personnel Polic Unless otherwise modified by this agreement all provisions of the "Down's Personnel Policy as currently written or as may be amended in the future shall apply to the position of FIRE CHIEF. Article IV: Evaluation Annually the TOWN MANAGER and the FIRE CHIEF shall define the goals and objectives which they determine necessary for the proper operation of the FIRE Department and the attainment of the BOARD's policy objectives, and shall further establish a general priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limits specified and within the annual operating and capital budgets and appropriations provided by the Town and the events that have occurred during the year, The TOWN MANAGER shall review and evaluate the FIRE CHIEF six months from commencement of this contract and then each year thereafter. Said review and evaluation shall be based, in pail, on the goals and objectives developed jointly by the TOWN MANAGER and the FIRE CHIEF. The results of the FIRE CHIEF's evaluation shall be used to determine any adjustment to the compensation of the FIRE CHIEF, subject to sufficient funds being appropriated by'l"own Meeting for this purpose, Failure of the TOWN MANAGER to evaluate the FIRE CHIEF'S performance shall in no way prejudice the TOWN, Article V: Compensation A. Commencing on March 22, 2016, the FIRE CHIEF shall be paid an annual salary of $114,000.00. On September 22, 2016, a 3% salary increase will be implemented, subject to the FIRE CHIEF's satisfactory job performance as determined in the sole discretion of the TOWN MANAGER. After the initial year of this contract and on each succeeding year of this Contract, the FIRE CHEIF shall receive at least the same percentage salary increase given to any of the regular fire fighters of any rank of the Town. The FIRE CHIEF shall receive such merit increases or salary adjustments as may be made at the discretion of the Town Manager based on the: FIRE CHIEF'S annual performance evaluation and subject to appropriation, B, Deferred Compensation: The Town agrees to contribute $2,000 per year to be used for the FIRE CHIEF'S participation in the Town's Section 457 Plan, a variable annuity purchased by the FIRE CHIEF for his benefit, or any like deferred compensation program of the FIRE CHIEF's choice. The FIRE CHIEF may also elect to make a contribution on an annual basis from his salary or frorn sources outside his salary. This benefit shall be payable between October I and December 31 of each year and processed in accordance with the FIRE CHIEF's written request to the Town. C. Uniform allowance. The FIRE CHIEF will receive a yearly uniform allowance of$800 for the purchase and replacement of uniforms and necessary work clothes, Payment shall be made in the first biweekly check issued in August of each fiscal year. Any expenses arising from any change in the prescribed uniform shall be borne by the Town and shall not be attributable to the clothing allowance., The FIRE CHIEF shall not be eligible for clothing allowance when he is terminated as result of disciplinary action, layoff or when a notice of retirement has been filed with the Essex County Retirement Board. D. Professional Membership, Development, Conferences: The Board recognizes and encourages the FIRE CHIEF to join professional organizations that are typically affiliated with being a Fire Chief. The Town agrees to budget and pay for professional dues and subscriptions of the FIRE CHIEF for such organizations. The Board also agrees that the FIRE CHIEF will be allowed to attend conferences, courses, institutes, and seminars that are necessary for his professional development subject to the approval of the Town Manager in advance. At the discretion of the Town Manager, the FIRE CHIEF may be reimbursed for any reasonable and proper expenses incurred while attending such events, subject to appropriation. The maximum amount of money that the Town will pay per year for the total expenses associated with this paragraph shall be three thousand dollars {$3,000.00). Time away for meetings and conferences unrelated to Town business shall not exceed ten (10) days per year without the prior approval of the Town Manager. Article VI: Discipline or Discharge for Just Cause It is agreed that the FIRE CHIEF may be disciplined, discharged or not reappointed only for just cause, upon proper notice and only after a hearing before the Board of Selectmen at which the FIRE CHIEF shall have the right to be represented by counsel of his choosing, The term "proper notice" as it appears in this section means that written notice of the hearing must be given to the FIRE CHIEF at least ten (10) business days prior to the date of the hearing and must set forth the following: (i) the date, time and location of the hearing; (ii) the reason for the hearing; (iii) the charges alleged; and (iv) the range of discipline considered. The FIRE CHIEF shall have the option of choosing whether or not any such hearing shall be closed to the public or be held as an open or public hearing. The principles of progressive discipline will apply and the Town recognizes its obligation to provide the FIRE CHIEF with periodic performance evaluations. The FIRE CIJIEF may appeal any decision of the Board to: (i) the district court wherein the FIRE CHIEF resides; or (ii) any superior court having jurisdiction. Each of the aforementioned courts shall have jurisdiction of any petition for writ of mandamus for reinstatement of the FIRE CIIIEF if he alleges that he has been improperly suspended or discharged. Article VII: Indemnification To the extent provided by law, the Town agrees to defend, save harmless and indemnify the FIRE CHIEF against any claim, demand, suit or judgment, whether groundless or otherwise arising by reason of any act or omission, except any intentional violation of civil rights of any person, if such act or omission takes place when the FIRE CHIEF was acting within the scope of his official duties or employment. The Town may compromise and settle any claim or suit for which the FIRE CHIEF is indemnified, and pay the amount of any settlement or judgment rendered thereon. This provision shall survive any termination of this agreement with respect to acts or omissions while serving as the FIRE CHIEF. The FIRE CHIEF agrees to promptly notify the Town of any such claim and to cooperate fully with Counsel designated by the Town to handle such claim. This section shall not obligate the Town to provide a defense, save harmless or indemnify the FIRE CHIEF if he fails to provide the Town with prompt and timely notice of a claim for which he seeks coverage under this section. For purposes of this section, the FIRE CHIEF shall provide "prompt and timely notice of a claim" to the Town within ten (10) days of his receipt of such claim. fi Notwithstanding the above, no indemnification is available for any potential disciplinary hearing or disciplinary action by the Board of Selectmen and/or Town Manager, Further, the Town shall not indemnify the FIRE CHIEF in connection with any claim, complaint, demand or other legal action brought by the FIRE CHIEF against the Town or any Town official, board or employee. Article VIII: Professional Liability Insurance The 'Town agrees to furnish at its own expense, professional liability insurance for the FIRE CHIEF with liability limits of not less than ONE MILLION ($1,000,000.00) DOLLARS, Article IX: Automobile The Tow shall provide a vehicle for use by the FIRE CHIEF and pay for all attendant operating and maintenance expenses and insurance. Said vehicle is to be used by the FIRE CHIEF in connection with the performance of his/her duties as FIRE CHIEF, and for his/her professional growth and development, The vehicle may be used by the FIRE CHIEF for personal reasons, since the FIRE CHIEF is "on call" in the event of an emergency. The vehicle will not, however, be used for out-of-state vacations without the permission of the employer, Article X: Hours of Work The FIRE CHIEF shall devote that amount of time and energy reasonably necessary to faithfully perform the duties of the FIRE Cl IIEF under this Contract. It is recognized that the FIRE CHIEF must devote a great deal of time outside normal office hours to conduct the business of the Town, The FIRE CHIEF, therefore, shall be allowed to alter his schedule as he deems appropriate during said normal office hours, and at such times that will least adversely impact Department operations provided that the FIRE CHIEF shall first give notice to the Town Manager, For the purposes of the Fair Labor and Standards Act, the FIRE CHIEF shall be an exempt employee. Article XI: Resignation/Termination of Agreement The FIRE CHIEF, may, at his option and by a minimum thirty (30) days written notice to the BOARD unilaterally terminate this agreement. The BOARD may, at its discretion, shorten or waive such requirement. The FIRE CHIEF shall be eligible for payment of all accumulated vacation pay and terminal leave as provided for in the Personnel Policy, In the event the FIRE CHIEF is not reappointed or is otherwise terminated by the Town for any reason other than for just cause, or in the event the FIRE CHIEF resigns following a formal suggestion by the Town that he resign before the expiration of the then applicable term of employment, the Town agrees to pay the FIRE CHIEF a lump sum severance payment equal to the balance of any term of appointment but in no event less than twelve: (1 2) months' salary and benefits. Article XII: No Reduction of Benefits The Town agrees that the Town shall not at any time during this Conti-act reduce the salary, compensation or other benefits of the FIRE CHIEF, except to the extent that such reduction is evenly applied across-the-board for all non-union department heads in the Town. Article XIII: General Provisions A. Performance: The FIRE CHIEF shall fulfill all aspects of this AGREEMENT. Any exceptions thereto shall be by mutual agreement between the parties, in writing, B. Entire Agreement: This AGREEMENT embodies the whole agreement between the parties and there are no inducements, promises, terms, conditions, or obligations made or entered into by the parties other than those contained herein, The AGREEMENT may not be changed except by writing signed by the parties. C. lnvalidity: If any paragraph or part of this AGI�EEMENT is judged to be invalid, it shall not affect the remainder of said AGREEMENT, but said remainder shall be binding and effective against all parties. D. This AGREEMENT shall be governed by the laws of the Commonwealth of Massachusetts. Agreed to by: Board of Selectmen Fire Chief. Ri i r tan ourt, chair William McCarthy 11 L)cUologcKa, (-Roselp, C�6finelly,�,jfiedile -1Donald STI w1art �Tr a iy W tson L.Kridrew W. Mayfor, T6wn Manager Date: /P) /,//4 r " Ott C:EU • i V u AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. May/lor From: Laurie Buralaffy Executive Assistant Date: August 22,. 2016 Re: Donation I The Board is being asked to accept the donation from the Lawrence Vietnam Memorial Fund in the amount of$300 to be used for Veterans Services, r l ° Department of veterans Services North Andover Doxf�or0 District 20 Main Street North Andover,HA 01845 To: Laurie BBurzlaff From: Gerry Maguire Re: Donation Date: August 17, 2016 The Veteran Services Office received a donation in the amount of$3010.00 for the Veterans Discretionary Fund. We ash that this matter be placed on the agenda of the next Board of Selectmen Meeting for their acceptance. Regards, Caen a ire Distract Director of Veterans Services LAWRENCE VIETNAM MEMORIAL 958 EDWARD F CURRAN-FOUNDER / 53-8030113 7 CYPRESS AVE. -4 --/ —— M> fHUEN,MA 01844 Date Pay to the Order of Dollars o , �� -« 246 PleesanE Scree! Methuen,fiM8A86.81890404.71-09NE\C �! orr sort +p 1: 2 L L 380 3D 24 0486 2006112 09S13 • AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 22, 2016 I Re: Surplus vehicle Irene O'Brien, Director of Elder Services, is requesting to surplus a 2006 Ford Cutvan to be used as a trade in towards the purchase of a new van. 1, r Se.nior Center Telephone (978) 688-19,560 120 R Main Struct fax (978) G88-9563 Notth Andover,MA.0 184"1aIrene O'Brien INTEROFFICE MEMORANDUM August 16, 2016 To: Andrew Maylor, Town Manager From: Irene M. O'Brien, Director Elder Services ��' '�� .r` -n ° 0 Subject: Requesting Ford Cutvan to be declared surplus I am requesting the Town Manager's Office, for Selectmen approvals,to surplus the Ford Cutvan to be used in trade toward purchase of a 2016, Ford E350, 14 Passenger, Mini Van . The credit price is $5,500. The vehicle for trade in is a Ford, Cutvain, 2006,vin #1FDXE45S46DB13593. Attached is dealer's quote. Thank you for your consideration. A414t9 vEHIc LES V rQUIPMENT rE 13EAR Feb. 12, 2016 North Andover, Town of 978-688-9560 phone Attn : Irene O'Brien cell iobrien townofnorthan d over.co m e-mail Please find below a quote for Ford E350 14 Pass. Mini Bus per the Plymouth County Commissioner's Procurement Contract PCC-15 .. M.G.L,c.308 applies to the procurement of all commodities quoted. Contract items have been collectively purchased pursuant to M.G.L,c.30B sec.1c and M.G.L.c.7 sec 22B. The governmental body is responsible to determine the applicability of M.G.L.c30e to off contract items,including but not limited to,off contract items that have already been properly procured under M.G.L.c3013 sec.1c and M.G.L,c.7 sec.22A(purchases from a vendor on contract with the Commonwealth),other contracts procured under M.G.L.c 30B sec.1 c and M.G.L.c.7 sec,22B or any M.G.L.c.30B contract between the vendor and the jurisdiction. All off contract Items must be procured under M.G.L.c.30B. E350 Cargo Van 2WD Chassis $21,650.00 E3F Upgrade to E350 DRW cutaway chassis- 11,500#GVWR 209.00 Color: Oxford White included Automatic Transmission with O.D. included 99S 6.8L V10 Engine 998.00 Air conditioning included Heavy Duty Vinyl Flooring (in cab) included Manual Windows, Locks, Mirrors included Tilt steering wheel included Interval windshield wipers included 21A Cloth Captains chairs 90.00 51A Spare Tire/Wheel 228.00 525 Cruise Control 228.00 57J Aux Heater 24.00 634 Dual Batteries 48.00 63N Extra Heavy Duty 225 AMP Alternator 247.00 672 Front Max, GVW R 38.00 942 Daytime Running Lights 43.00 47B Shuttle Bus Prep, Pkg. 437.00 18A High Series Exterior Upgrade Package 100.00 ***Continued on Page 2*** 401 Elm Street Marlborough,MA 01752 Phone:508-573-2622 Fax:508-573-2722 jmatisko@mhq.com North Andover Senior E350 Bus PCC 2.12.16 Continued From Page 1 3,01 Mini Bus Package- (14 passenger capacity) 24,395.00 Elkhart Coach Transit Style body or equal. Base Unit shall include: dual panel manual entrance doors, tinted T-slide windows, 35,000 BTU rear heater, 36,000 BTU rear AC with compressor impact absorbing transit style bumpers, backup alarm, driveshaft guards, exhaust heat shields, break-a-way style mirrors with convex, modesty panels (both sides), fabric headliner& FRP walls, high back vinyl driver's seat, individually contoured passenger seats, RCA transit rubber flooring over marine grade plywood subfloor, optic yellow step nosings,white body exterior. 4.08 Running Board Step 204.00 4.09 Front Mud Flaps 36,00 12.01 AM/FM/CD stereo with 4 speakers, 2 front/2rear 264.00 5.01 Upgrade A/C System from 36K to 48K BTU 500.00 5.,07 Upgrade Heating System to 6,5k BTU Heater 107.00 6,01 Electric Double Entrance doors 430-00 9.13 Seat Belt Retractable $54.00 X 14 756.00 9.14 Arm Rest Folding Rubber $27 X 7 189.00 9.15 Seat Grab handle $29 X 7 203.00 11.01 Grab Rails on Entrance Step 142,00 13.01 Composite Exterior/Corrosion Resistant 524.00 14.02 4' Light rear of entry 48.00 14.03 Center Brake Light 67.00 Contract Total $52,205.00 Trade In : Ford, Cutvan, 2006,vin # 1 FDXE45S46DB1 3593 (5,500.00) Total wl trade P6,705.00 Sincerely, Jay Matisko Account Manager 401 Elm Street Marlborough,MA 01752, Phone.508-573-2622 Fax: 608-573-2722 jmatiskomhq.com North Andover Senior E350 Bus PCC 2.12.16 @ ♦ np," 1.; �r� r • M f AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Mllayl!or From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Affordable Unit Resales Attached is a memorandum from Eric Kfoury, Director of Community and Economic Development. The Board must vote on whether or not to exercise their right of filrst refusal for the following affordable housing units that are for sale: 2202 Juniper Circle (Oakridge Village-Maplewood Reserve) 4 Harvest drive„ Unit 205 (Oakridge Village-Maplewood Reserve) 1 COMMUNITY and ECONOMIC DEVELOPMENT DIVISION Building (onservotion 4lealtli Planning Stevens EstateZoning MEMORANDUM TO: Andrew Maylor,Town Manager FROM: Eric ICfoury, Director a RE: Affordable Unit Resale DATE:: August 23,2016 Our office has been notified by the Citizens' Housing and Planning Association (CHAPA) that the owners of two (2) affordable housing units at Oakridge Village — Maplewood Reserve wish to put their units up for sale. The Town of North Andover has the aright of first refusal for both of these properties. Specifically,the units and the resale price for each as determined by CHAPA are: 1. 2202 Juniper Circle (Oakridge Village—Maplewood Reserve) = Resale price of$184,000 2. 4 Harvest drive Unit 205 (Oakridge Village—Maplewood Reserve)= Resale price of$169,OOO If the Town wishes to exercise its right of first refusal for one or both of these properties, it would thea either purchase the unit(s) directly from the owners at the determined resale price(s) or locate an eligible buyer to purchase the unit(s). If the Town elects to not exercise the right of first refusal, CHAPA will work with the property owners to locate eligible buyers. If after 120:days an eligible buyer(s) is not found, the owners would be able to sell their, unit at market value with any net ,gain funds above the resale price given to the Town for affordable housing activities. This office recommends that the Board of Selectmen not exercise the Town's right of first refusal for these affordable housing units. This will allow CHAPA, which is better suited to do so than the Town, to find eligible buyers and thereby preserve the units as affordable and keeping them on the Town's subsidized housing inventory (5H'I). s � INTEROFFICE MEMORANDUM I To: Board of Selectmen From: Andrew W, Maylor, Town Manager Cc: Eric Kf©ury, Director of Community and Economic Development Date: August 25, 2016 Re: Community Compact Grant As you know, in April 2016 the Town was awarded a Community Compact Grant for$25,000 to support a regional branding initiative. This grant was the result of executing,a Community Compact Agreement with the Commonwealth of Massachusetts. As you may recall it was Forth Andover that spearheaded the concept of combining with other communities to draw more attention to benefits of living, working and recreation in the Merrimack Valley, With the assistance of the Merrimack Vallley Planning Commission and the region's Mayors and Managers, an REP was issued to select a marketing firm to beginning this branding initiative. The result of that procurement was the selection of Brand One. I have attached the scope of services for their work. I have also attached a copy of the Community Compact Agreement signed by Lt. Governor Karen Polito and the contract we executed with the state for the funding. As the host community, we need your acceptance of the grant funds before any work toward r branding/marketing the region can begin. Therefore there is a consent item on the August 29th agenda to do so,. A.W.M, I Scope of Services for the Merrimack Valley Region Marketing project Phase 1: Baseline Research Phase I of the Merrimack Valley Region Marketing Project (the Project) will use research and interviews to develop a theme, imagery and a framework for promoting the Merrimack Valley Region [defined as the fifteen (15) communities served by the Merrimack Valley Planning Commission] as a place where people can do business, find a home, and have fun. There are several key tasks to accomplishing Phase I, including: E • Task 1: Develop a Phase I Action Plan This step will outline the specific techniques that Brand 1 will use to accomplish the deliverables in Phase I. It will include the specific goal(s) of Phase I, the initiatives necessary to achieve the goal(s), and a fimeline for completion, This will be undertaken in partnership with the Merrimack Valley Planning Commission (hereafter, MVPC) and be presented to the Merrimack Valley Region Marketing Roundtable (hereafter, Roundtable) at their Kick-Oft meeting. This Roundtable will be developed by MVPC and will include representation from the Merrimack Valley I Mayors & Managers Coalition (MVMMC). The Roundtable will be the decision- making group for this Project. The Comprehensive Economic Development Strategy Committee will also be invited to attend any and all Roundtable, I Deliverables: Phase I Action Plan document forwarded electronically to MVPC I upon completion of this Task, agenda and minutes for Merrimack Valley Region Marketing Roundtable Task 2: Research and Evaluate the Merrimack Valley Reglan This task will involve several research methods to understand what makes the Merrimack Valley attractive to business, residents, and visitors. Economic development is not just retaining and luring businesses; it is creating an atmosphere of work-live-play, The Action Plan in Task 1 will include the final methodologies to be used in Task 2, but they could Include: I o Evaluating the effectiveness of the existing regional "brand" utilized for the Region (Merrimack Valley Means Business); o Profiling the Region's current and potential markets; o Obtaining individual communities' marketing slogans within the Region f if applicable) o Interviews and field trips in each of the communities in the Region; o Reviewing MVPC's photo library (and other existing photo libraries) for images of the Region that could be used in the branding and marketing framework; { and o Conducting quantitative and qualitative research to determine existing 4 attitudes and perceptions of the Region as well as opportunities and 1 challenges to enhance the Region's image. Deliverables: Synthesis of the research that was conducted including the methodology used and survey/interview questions and responses. All electronic files collected or created will be forwarded to MVPC upon completion of this Task. Task 3: Create a Logo and a Tac ljne Using fhe information collected in Task 2, Brand One will create a logo and tagline for the Merrimack Valley Region. The process for developing the logo and tagline I' i f 1 Scope of Services for the Merrimack Valley Region Marketing Project will be outlined in Task 1, but will involve collaboration with MVPC and final approval by the Roundtable. Once approved by the Roundtable, this stage will also include a media campaign to launch the new logo and tagline and begin scaled promotion about this project. Brand One will be responsible for the development and release of all press releases, upon approval from MVPC. I i Deliverables: The Merrimack Valley Region Marketing logo and tagline. The final logo will be made available to MVPC as EP5, JPG, and any other formats necessary i for posting in various media outlets. The final logo, tagline, and media blasts will be forwarded to MVPC upon completion of this Task. Task 4: Develop the Merrimack Valley Region Marketing Playbook The final deliverable for Phase I is a framework, or Playbook, that outlines next steps for the Merrimack Valley Region Marketing Project, The Playbook will include, but not be limited to., o Specific objectives and tasks associated with the next Phase(s) of this Project; o A timeline for next steps; o Responsibilities for each step; o A strategy for rolling out the campaign (i.e., market to the business community first, then residents, then visitors); € o A Social Media Strategy and suggested platforms; and s a A menu of marketing options and the associated prices (Le., TV spot, billboard, website, etc.) i The culmination of Phase I will be at a Roundtable meeting to present the Playbook and discuss next steps. Deliverables: Final Playbook forwarded electronically to MVPC upon completion of this Task, agenda and minutes for Merrimack Valley Region Marketing Roundtable, t I f i i i l r j ) r COMMONWEALTH COMMUNITY COMPACT WHEREAS cities and towns and the Commonwealth must work together to create the conditions for a strong and resilient economy;and WHEREAS cities and towns face increasing pressures on municipal and school budgets which impact assenllal services; and WHEREAS cities and towns are partners with the Commonweallh and the Baker-Pollio Administration Is recommitting Itself to that partnership through the Community Compact Cabinet;and WHEREAS the Commonwealth is committed to promoting mutual standards of best practice for bath the stale and municipalities that will create clear standards,expectations, and accountability for both partners;and WHEREAS the citizens or Massachusetts are fight to expect forward-thinking, Innovative government from both the Commonwealth and local governments. Commonwealth Commitments As a sign of its commitment to as Improved partnership with clttes and towns, the Baker-Polito Administration: Intends to he a reliable partner on local aid. • Pledges to work with our partners in the Legislature toward earlier tocal aid formula funding levels. • Will work to make available technical assistance opportunities for cilles and towns as they work toward best practices. Will not propose any new unfunded state mandates, and we will lack at existing mandates with a goal toward making it easier to manage municipal governments. • Will give special attention,in Its roviow of state regulations,to those that affect the ability of municipalities to govern themselves. Pledges to work closely with municipal leaders to expand opportunities to add municipal voices to those state boards and comrnlsslons that impact local governments, • Will Introduce Incentives for municipalities that sign Compacts In existing and proposed slate grant opportunities, including proposals for technical assistance grants available only to compact communities, Will identify ways to expedite stale reviews that can often slow down economic development opportunities or hinder other municipal interests. Community Commitments NOW THEREFORE the Town of North Andover pledges to adopt the following best practices: 1, A Safe and Mobile Future for Older Drivers; There Is a documented plan to address the anticipated increase In older drivufs and will include a goal for reducing crashes Involving elder drivers, identification of the Issues surrounding older driver mobility,Infrastructure Improvements, education for alder road users,and the promotion of transportation options for older adults in the community, 2. ReglonaflzatlonlShared Services: In an era of shrinking budgets, loss of seasoned employees to retirement, and increased need for service Improvements,productive partnerships between municipalities make sense for some communities. This best practice encourages regionalization of some services and sharing resources among munfcipalilies, Technical assistance is available 10 help your community and polenlial municipal partners determine if regionalizing is the path to take. The Commonwealth will work with the Town of North Andover as a partner In Implementing these best practices, including prioritizing technical assistance when that Is needed to accomplish execution of a new beat practice. Commonwealth Compact Community Incentives The Bakar-Pollto Admin€siralion seeks to recognize municipalities that are striving to become more innovative and accountable and introduce Incentives through various state grants and programs to reward municipalities who have signed Community Compacts and committed themselves to continuous improvement. Municipalities that pledge to adopt best practices through t compacts will get bonus points on selected state grant programs and will be prioritized for various technical assistance programs, TOGETH A we sign this Community Compact in a spirit of partnership and public service,understanding that we serve the citizens of our Commonwealth and that our citizens deserve the best government possible. r , Signed this 211V of January in the Year 2018 �� av-4 Lenallith arynPolilo Tracy Watson i Com of Massachusetts Chair, North Andover Board of Selectmen Cod Salle the commonweaCth of Massachusetts s t I Community Compact Program GRANT AGREEMENT Attachment A This Grant Agreement("Agreement") is made by and between the Commonwealth of Massachusetts, acting through the Executive Office of Housing and Economic Development ("EOHED"), and the City/Town of Norl.h Andover("the Grantee"). PRELIMINARY STATEMENT The Massachusetts Community Compact Cabinet elevates the Administration's partnerships with cities and towns,and allows (lie Governor's Office to work more closely with leaders from all municipalities, and champions municipal interests across all executive secretariats and agencies. The Compact promotes and develops, in consultation with cities and towns, mutual standards and best practices for both the state and municipalities, Asa result of the Grantee signing a Community Compact, which included a grant commitment, FOHED is executing this grant agreement to work with the Grantee in advancing their community goals. EOHED agrees to make the funds ("EOHED Grant") available to the Grantee for the Project, subject to the terms and conditions set forth in this Agreement and in compliance with all applicable state laws and regulations governing the disbursement and expenditure of state funds. The Grantee shall exercise complete management and oversight responsibility of the Project and agrees that the Commonwealth's provision of state funding under this Agreement shall not in any way be construed as assuming responsibility or liability for the completed Project by the Commonwealth. SECTION 1. PROJECT SCOPE AND BUDGET 1,1 As part of the Community Compact program,EOHED has committed to provide a grant to the Grantee in the amount not to exceed$25,000, authorized under Chapter 46 of the Acts of 2015, Section 2, Item 7002-0039 ["Act"], in support the municipality's work/project related to the Regional Cooperation Best Practice. 1,2 The scope of the Project to be funded under the EOHED Grant is: To support the implemetation of various marketing strategics for the purpose of promoting the Merrimack Valley Means Business website and the economic development goals of the Merrimack Valley region. 1.3 The timeline of performance under this grant agreement will span ti-orn the execution of this grant agreement and end no later than,lune 30'x, 2016, 1.4 Any significant deviation from the scope as outlined in 1.2 shall be approved by EOHED in advance. SECTION 2. DISBURSEMENTOF EOHED GRANT 2.1 Disbursement of the EOHED Grant under this Agreement shall be made pursuant to Chapter 46 of the Acts of 2015, Section 2, Item 7002-0039; and any other information EOHED may require. 2.1 Disbursement Schedule—For grants up to $10,000: 100% of the grant award will be disbursed within 45 days of execution of the grant agreement. For grants over$10,000: Seventy-five percent(75%) of the grant award will be disbursed to the Grantee within 45 days of execution of the grant contract, The remaining twenty-five percent (25%) of the grant award will be disbursed to the Grantee within 45 days of receipt of the Grantee report, further defined in Section 3.1, certifying substantial project completion and submission of supporting documentation. Page 1 of 2 2,2 It is understood and agreed that the grant provided under this Agreement shall be used solely to pay for expenses associated with the Project, subject to appropriation, Expenses relating to project administration and managernent shall be assumed by the Grantee, including, but not limited to; (i) salaries and wages of Grantee staff; (ii) legal fees; (iii)travel, meal and entertainment expenses; (iv)overhead and supplies; (v)project costs incurred prior to the execution and subsequent to termination of this Agreement; (A)costs of any other service or activity not related to the Project, and (vii) sales tax, 2.3 The Grantee shall keep detailed records of all activities associated with the Project including, but not limited to, all disburscmcnts made pursuant to this Agreement. EOHED shall have the right to examine all records kept by the Grantee related to the Project. SECTION 3. REPORTING 33 Once the Project is completed, the Grantee shall furnish to EOHED, in addition to a memo certifying project completion, the following documentation; (i) any outstanding vendors' invoices, certified payment vouchers, cancelled checks or other documentation verifying actual expenditures in connection with the Project and (ii) a statement from the Grantee certifying to the best of his or hor knowledge that the Project was undertaken in conformance with all applicable laws, rules and regulations, Said Grantee report shall be submitted to EOHED no later than July 31, 2016. SECTION 4, COMPLIANCE WITH ALL APPLICABLE LAWS/REGULATIONS 4.1 The Grantee and its consultants and contractors shall comply with any and all federal, state and local laws, rules and regulations, orders or requirements that apply to the Project, 4.2 This Agreement shall in noway relieve the Grantee from the full force and application of any laws, rules, regulations and orders or requirements. SECTION 5, INTEREST OF MEMBERS OR EMPLOYEES OF THE GRANTEE 5.1 No officer, servant, agent, or employee of the Grantee has participated or will participate in any decision relating to the development and implementation of the Project that affects directly or indirectly his/her personal interest or the interest of any corporation, partnership or proprietorship with which her/she is directly or indirectly affiliated, Furthermore, no officer, servant, agent or employee of the Grantee shall have any interest directly or indirectly in any contract in connection with the Project or shall in any way violate M.G.L. Chapter 268A. SECTION 6. AMENDMENTS 6.1 Grantee shall make no amendment to this Agreement or any significant modification to the scope of the Project funded under this Agreement without the prior written approval of EOHED, i Page 2 of 2 COMMONWEALTH OF MASSACHUSETTS N STANDARD CONTRACT FORM This form is jointly issued and published by the Executive Office for Administration and Rriance(ANF),the Office of the Comptroller(CTR?and the Operational Services Division(ODD as the default contract for all Commonwealth Departments when another form Is not prescribed by regulation or policy. Any changes to the official printed language of Ibis form shall be void. Additional non•co€rfiicting terms may be added by Attachment.Contractors may not require any additional agreements,engagement letters, contracl forms or other additional terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions,Instructions and legal requirements that aro incorporated by reference into[his Contract. An electronic copy of this form is available at www.mass.govlosc under Guidance For Vendors-Forms or www.mass.gov/osd under OSD Forms. CONTRACTOR LEGAL NAME:TOWN OF NORTH ANDOVER COMMONWEALTH DEPARTMENT NAME:Executive Office of Housing and Economic (and dfbla): Development MMARS Department Code:EEO Legal Addross:jW9,W4,T&Cj:120 MAIN ST,NORTH ANDOVER,MA 01845 Business Mailing Address: One Ashburton Place,Room 2101,Boston,MA 02108 Contract Manager: Andrew Maylor Billing Address(If different): E-Mail: arnaylor@townofnorthail dove r.conr Contract Manager:Stephen O'Nell Phone: 978.688.9510 Fax: E-Mail: stophan.onell@state.mams Contractor Vendor Code:VC0000101180 Phone:617.788.3653 Fax:617.788.3605 Vendor Code Address 10(e.g,"AD001"): AD001, MMARS Doc.10(s): 16CommCompactNAndovr (Note:The Address Id Must be set up for EFT payments,) RFR/Procurement or Other ID Number: FY16 Compacts X NEW CONTRACT CONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE:(Check one option only) I=nter Current Contract End Date Prior to Amendment: ,20_ Statewide Contract(OSD or an OSD-designated Department) Enter Amendment Amount: .(or"no change") Collective Purchase(Attach OSD approval,scope,budget)_ AMENDMENT TYPE:(Check one option only.Attach details of Amendment changes,) _X Department Procurement(includes Slate or Federal grants 815 CMR 2.00) Amendment to Scope or Budget(Attach updated scope and budget) (Attach RFR and Response or other procurement supporting documenialion) a_Interim Contract(Attach justification for interim Contract and updated scopelbudgel) Emergency Contract (Attach justification for emergency,scope,budget) — Contract Employee(Attach Employment Status Form,scope,budget) Contract Employee(Attach any updates to scope or budget} LeglslativelLegal or Othor:(Attach authorizing languageljustification,scope and LegislativelLegal or Other:(Attach authorizing languageljuslification and updated budget} scope and budget) The following COMMONWEALTH TERMS AND CONDITIONS(T&C)has boon executed,filed with CTR and Is incorporated by reference Into this Contract. X Commonwealth Terms and Conditions Commonwealth Terms and Conditions For Human and Social Services COMPENSATION:(Check ONE option):The Department codifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the stale accounting system by sufficient appropriations or other non-appropriated funds,subject to intercept for Commonwealth owed debts under 815 CMR 9.00. _Rate Contract(No Maximum Obligation. Attach details of ali rates,units,calculations,conditions or terms and any changes if rates or terms are being amended.) X Maximum Obligation Conlract E=nter Total Maximum Obligation for total duration of this Conlracl(or now Total if Contract is being amended).$25,000. PROMPT PAYMENT DISCOUNTS (PPD): Commonweailh payments are issued through EFT 45 days from Invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days_%PPD;Payment issued within 15 days—%PPD;Payment issued within 20 days e%PPD;Paymenl issued within 30 days_%PFD. 1f PPD percentages are left blank, identify reason: agree to standard 45 day cycle slaiutoryllegal or Ready Payments(G.L.c. 29,§23A);–X only Initial payment subse uenl 2ayments scheduled to support standard EFT 46clay payment cycle,See Prompt Pay Discounts Policy,) BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT:(Enter the Contract title,purpose,fiscal year(s)and a detailed description of[he scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.)Community Compact Program funding(pursuant to pOrsuant to Chapter 46 of the Acts of 2015,Section 2,Item 7002.0039)In accordance with the scope and terms described In Attachment A. ANTICIPATED START DATE: (Complete ONE option only)The Department and Contractor certify for this Contract,or Conlract Amendment,that Contract obligations: _X_1.may be incurred as of the Effective Date(latest signature date below)and no obligations have been incurred E[!E to[he Effective Date, 2,may be incurred as of 20—.a dale LATER than the Effective Date below and no obligalions have boon Incurred prior to the Effective Date. —3.were incurred as of 20_,a dale PRIOR to the Effective Date below,and the parties agree that payments for any obligations Incurred prior to the Effective Date are authorized to be made either as settlement payments oras authorized reimbursement payments,and Ihat the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract, Acceptance of payments forever releases the Commonwealth from further claims related to these obligations, CONTRACT END DATE: Conlracl performance shall terminate as of June 30,2016,with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shat)survive Its termination for the purpose of resolving any claim or dispute,for completing any negotiated terms and warranties,to allow any close out or transition performance,reporting,invoicing or final payments,or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by(he padies,the"Effective Date"of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor,the Department,or a later Contract or Amendment Start Date specified above,subject to any required approvals. The Contractor makes al[certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and penalties of perjury,agrees to provide any required documenta[lon upon request to support compliance,and agrees that all terms governing performance of[his Contract and doing i. business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence,the applicable Commonweal(h Terms and Conditions,this Standard Contract Form including the Instructions and Contractor Certifications,file Request for Response(RFR)or other solicftafion,the Contractor's Response,and additienat negotiated terms,provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor's Response only if made using the process outlined in 801 CMR 21,07,Incorporated herein,provided ilia(any amended RFR or Response terns result(n best value,lower costs,or a more cost effective Contract. AUTHORfZING iNATURE "OR THF 'ONTRACTO AUTHORIZING SIGNATURE FOR THE COMMONWEALTH: -fuX: i Date: /4� X: Date: (Sig ature and Date Must B andwnften At Time o Sig (Signature and Date Must Be Handwritten At Time of Signature) . Print Name: Andrew Maylor _ PrInt(Jame: Jay Ash or Doslttnee T Print Title: Town Manager Print Title: Secretary of the Executive office of Housing and Economic Development. (Issued 612712011)Page t.of 5, COMMONWEALTH OF MASSACHUSETTS -STANDARD CONTRACT FORM �r s'i'n rpt INSTRUCTIONS AND CONTRACTOR CERTIFICATIONS PROCUREMENT OR EXCEPTION TYPE: Check the appropriate The following instructions and terms are incorporated by reference and apply to this type of procurement or exception for this Contract. Only one option can be selected. Soo Standard Contract Form.Text that appears underlined indicates a"hyperlink"to an Internet State Finance Law and General Requirements,Acquisition Policy and Fixed Assets,the or bookmarked site and are unofficial versions of those documents and Departments and Commodities and Services Policy and the Procurement Information Center (Department Contractors should consult with their legal counsel to ensure compliance with Of legal Contract Guidance)for details. requirements. Using the Web Toolbar will make navigation between the form and the Statewide Contract(05D or an OSD-designated Department), Check this option for a hyperlinks easier. Please note that not all applicable laws have been cited. Statewide Contract under OSD,or by an DSD-designated Department. CONTRACTOR LEGAL NAME (AND DiBIA), Enter the Full Legal Name of the Collective Purchase approved by OSD. Check this option for Con(racls approved by Contractor's business as i1 appears on the Contractor's W-9 or W-4 Form (Contract OSE)for collective purchases through federal,slate,local government or other entitles. Employees only)and the applicable Commonwealth Terms and Conditions If Contractor Department Contract Procurement. Check this option for a Department procurement also has a"doing business as"(dlbla)name,BOTH the legal name and the"dlbla"name including slate grants and federal sub-grants under 815 CMR 2.00 and Stale Grants and must appear in this section. Federal Subgrants Policy, Departmental Masler Agreements (MA). If multi-Department Contractor Legal Address: Enter the Legal Address of the Contractor as It appears on user Contract,identify mullkDopartment use is allowable in Brief Description. the Contractor's W-9 or W-4 Form (Contract Employees only) and the applicable Emergency Contract. Check this option when the Department has determined that an Commonwealth Terms and Conditions,which roust match the legal address on the 1089, unforeseen crisis or incident has arisen which requires or mandates immediate purchases table in MMARS(or the legal Address in HRICMS for Contract Employee), to avoid substantial harm to the functioning of government or the provision of necessary or Contractor Contract Manager: Enter the authorized Contract Manager who will be mandated services or whenever the health,welfare or safety of clients or other persons or responsible for managing the Contract. The Contract Manager should be an Authorized serious damage to property is threatened. Signatory or, at a minimum, a person designated by the Contractor to represent the Contract Employee. Check this option when Ilse Department requires the performance of Contractor, receive legal notices and negotiate ongoing Contract issues, The Contract an Individual Contractor, and when the planned Contract performance with an Individual Manager is considered'Key Personnel"and may not be changed without the prior written has been classified using the Employment Status Form(prior to the Contractor's selection) approval of the Department. If the Contract is posted on Comm-PASS, the Contract as work of a Contract Employee and not that of an independent Contractor. Manager must be listed on the Vendor Section lab. Legislative/Legal or Olher, Chock this option when legislation, an existing legal Contractor E-Mail AddresslPhonelFax: Enter the electronic mail(e-mail)address,phone obligation, prohibition or other circumstance exempts or prohibits a Contract from being and fax number of the Contractor Contract Manager. This information must be kept eurreol competilively procured, or identify any other procurement exception not already listed. by the Contractor to ensure that the Department can contact the Contractor and provide Legislative"earmarks"exempt the Contract solely from procurement requirements,and all any required legal notices. Notice received by the Contract Manager(with confirmation of other Contract and state finance laws and policies apply.Supporting documentation must actual receipt) through the fisted address, fax number(s) or electronic mail address will be attached to explain and justify the exemption._ meet any written legal notice requirements. CONTRACT AMENDMENT(Right Side of Form) Contractor Vendor Code: The Department must enter the MMARS Vendor Code Complete this section for any Contract being renewed, amended or to continue a lapsed assigned by the Commonwealth. If a Vendor Code has not yet been assigned,leave this Contract. All Contracts with available options to renew must be amended referencing the space blank and the Department will complete this section when a Vendor Code has boon original procurement and Contract dot Ids, since all continuing contracts must be assigned. The Department is responsible under the Vendor File and W-9s Poffcy for maintained in the same Contract file (even if the underlying appropriation Changes each verifying with authorized signatories of the Contractor,as part of contract execution,that the fiscal year.)"See Amendments,Suspensions,and Termination Policy.) legal name, address and Federal Tax Identification Number (TIN) in the Contract Enter Current Contract End Date: Enter the termination date of the Current Contract documents match the slate accounting system. being amended, even if this dale has already passed. (Note: Current Start Date is not Vendor Code Address IP: (e.g., "AD00t") The Department must anter the MMARS requested slate this date does not change and Is already recorded in MMARS.) Vendor Cade Address Id identifying the payment remittance address for Contract Enter Amendment Amount:Enter the amount of the Amendment increase or decrease to payments,which MUST be set up for EFT payments PRIOR to the first payment under the a Maximum Obligation Contract. Enter"no change"for Rate Contracts or if no change. Contract in accordance with the Bill Pa_yrnn and Vendor File and W-8 policies. AMENDMENT TYPE: Identify the type of Amendment being done. Documentation COMMONWEALTH DE=PARTMENT NAME: Enter the full Department name with the supporting the updates to performance and budget must be attached. Amendment to authority to obligate funds encumbered for the Contract. Scope or Budget, Check this option when renewing a Carilracl or executing any Commonwealth MMARS Alpha Department Code: Enter the three (3) letter MMARS_ Amendment("material change" in Contract terms) even if the Contract has lapsed. The Collo assigned to this Commonwealth Deparlmsnl In the stale accounting system. parties may negotiate a change in any element of Contract poiformance or cost Identified in Department Business Mailing Address: Enter the address where all formal the RFR or the Conlraclor's response which results in lower costs,or a more cost-effective correspondence to the Department must be sent, Unless otherwise specified in tate or better value performance than was presented in the original selected response,proOdad Contract, legal notice sent or received by the Department's Contract Manager (with the negotiation results in a better value within the scope of the RFR than what was confirmation of actual roceipt)through the fisted address,fax number(s)or electronic mail proposed by the Contractor in the original selected response. Any"material"change In the address for the Contract Manager will meet any requirements for legal notice. Contract terms must be memorialized in a formal Amendment even if a corresponding Department Billing Address: Enter the Billing Address or email address if invoices must MMARS transaction Is not needed to support the change. Additional negotiated terms will be sent to a different location. Billing or confirmation of delivery of performance issues take precedence over the relevant terms In the RFR and the Contractor's Response only if 3 should be resolved through the listed Contract Managers, made using the process outlined in 801 CMR 21.07,incorporated herein,provided that any Department Contract Manager: Identify the authorized Contract Manager who will be amended RFR or Response terms result in best value,lower costs,or a more cost effective responsible for managing the Contract, who should be an authorized signatory or an Contract, employee designated by the Department to represent the Department to receive legal Interim Contracts.Check this option for an interim Contract to prevent a lapse of Contract notices and negotiate ongoing Contract issues, performance whenever an existing Contract is being re-procured but the new procurement Department E-Mail AddressftonelFax, Enter the electronic mail (e-mail) address, has not boon completed,to bridge the gap during Implemonlation between an expiring and phone and fax number of the Department Contract Manager,Unless otherwise specified in a new Procurement,or to Contract with an interim Contractor when a current Contractor is the Contract,legal notice sent or received by the Contract Manager(with confirmation of unable to complete full performance under a Contract. actual receipt) through the listed address, fax number(s)or electronic mail address will Contract Employee,Check fitis option when the Department requires a renewal or other meet any requirements for written notice under the Contract, amendment to the performance of a Contract Employee, MMARS Document ID(s): Enter lho MMARS 20 character encumbrance transaction Laglslativellagal or other, Chock this option when legislation, an existing legal number associated with this Contract which must remain the same for the life of the obligation, prohlbilfon or other circumstance exempts or prohibits a Contract from being Contract. It multiple numbers exist for this Contract,identify all Doc Ids. competitively procured, or identify any other procurement exception not already listed. RFR/Procurement or Other ID Number or Name: Enter the Request for Response Legislative"earmarks"exempt the Contract solely from procurement requirements,and all (RFR) or other Procurement Reference number, Contract ID Number or other other Contract and state finance laws and policies apply.Attach supporting documentation reference/tracking number for this Contract or Amendment and will be entered into the to explain and justify the exemption and whether Contractor selection has been publicly Board Award Field in the MMARS encumbrance transaction for this Contract. posted. _ NEW CONTRACTS(left side of Form): COMMONWEALTH TERMS AND CONDITIONS Complete this section ONLY if this Contract is brand now,(Complete the CONTRACT Identify which Commonwealth Terms and Conditions the Contractor has executed and Is AMENDMENT section for any material changes to an existing or ars expired Contract, incorporated by reference into this Contract.This Form is signed only once and recorded on and for exerclsing options to renew or annual contracts under a multi-year the Vendor Customer Fite(VCUST).See Vendor File and W-9s Policy. procurement or grant program,) COMPENSATION (Issued 612712011)Page 2 of 6 COMMONWEALTH OF MASSACHUSETTS -,STANDARD CONTRACT FORM x : «r Ylr Y„ao' Identify i( the Contract is a Rate Contract (with no slated Maximum Obligation) or a appropriated,provided that any close out performance Is subject to Maximum Obligation Contract (with a stated Maximum Obligation) and identify the appropriation and funding limits under stale finance law, and GTR may adjust Maximum Obligalion, If the Contract Is being amended,enter the now Maximum Obligation encumbrances and payments in the slate accounting system to enable final close out based upon the increase or decreasing Amendment.The Total Maximum Obfigalion must payments. Performanco dales are subject to G.I..c.4,k9. m reflect the total funding for the dales of service under the contract, including the CERTIFICATIONS AND EXECUTION Amendmuril amount if the Contract Is being amended, The Maximum Obligation must See Department Head Signature Authorization Poficy and the Contractor_Authorized snatch the MMARS encumbrance. Funding and allotments must be verified as available Signatory Lisling for policies on Contractor and Department signatures. and encumbered prior 10 incurring obligations. If a Contract Includes both a Maximum Obligation component and Rate Contract component, check off both, specific Maximum Authorizing Signature for Contractor/Date:The Authorized Contractor Signatory must(in Obligation amounts or amended amounts and Attachments must clearly outline the their own handwrifing and in ink)sign AND enter the date the Contract is signed. See Contract breakdown to match the encumbrance. section above under"Anticipated Contract Start Date", Acceptance of payment by the PAYMENTS AND PROMPT PAY DISCOUNTSContractor shall waive any right of(he Contractor to claim the ContractlAmendmeni is not valid and the Contractor may not void the Contract. Rubber stamps, typed or other Paymonls are processed within a 45 day payment cycle through EFT in accordance with (mages are not acceptable. Proof of Contractor signature authorization on a Contractor the Commonwealth Bill Paying Policy for investment and cash flow purposes. Departments Authorized SlQnato!y.1-Istlng may be required by the Department If not already on file. may NOT negotiate accelerated payments and Payees are NOT entitled to accelerated Contractor Name ITI(la: The Contractor Authorized Signatory's name and title must payments UNLESS a prompt payment discount (PPD) Is provided to support the appear legibly as it appears on the Contractor Authorized Signatory Listing. Commonwealth's loss of Investment earnings for(his earlier payment,or unless a payments Aulhoriztng Signature For Commonwealth/Date:The Au(ho6zed Department Signatory is legally mandated to be made in less than 45 days(e.g.,construction contracts,Ready must(In their own handwriting and in ink)sign AND enter the dale the Contract is signed. Payments under G.L.c.29,s.23A).See Prompt Pay Discounts Policy.PPD are identified see section above under "Anticipated_Start dale,". Rubber stamps, typed or other as a percentage discount which will be automatically deducted when an accelerated Images are net accepted. The Authorized Signatory must be an employee within the payment is made.Reduced contracts rates may not be negotiated to replace a PPD. If Department legally, responsible for the Contract. See Dopariment Head Signature PPD fields are left blank please Identify that the Contractor agrees to the standard 45 day Authorization. The Department must have the legislative funding appropriated for all file cyclo:a s(atutoryllegal exemption such as Roady Payments(G.L.c.29,§23A);or only an costs of this Contract or funding allocated under an approved Interdepartmental Service initial accelerated payment far re€mbursomonis or start up costs for a grant, with A reemenlISA. A Department may not contract for performance to be delivered to or by subsequent payments scheduled to support standard EFT 45 day payment cycle.Financial another stale department without specific legislative au(horizal€on(unless[his Con(racl is a hardship is not a sufficient justification to accelerate cash flow for at/payments under a Statewide Contract). For Contracts requiring Secretarial signoff,evidence of Secretariat Contract, Initial grant or contract payments may be accelerated for(he first Invoice or initial signoff must be Included in(he Contract file. grant Installment, but subsequent periodic installments or invoice payments should be Department Name rrille:Enter the Authorized Signatory's name and title legibly. scheduled to support the Payee cash flow needs and the standard 45 day EFT payment CONTRACTOR CERTIFICATIONS AND LEGAL REFERENCES cycle In accordance with the Bill Paying Policy,Any accelerated payment that does not provide for a PPD must have a legal justification in Contract file for audit purposes Notwithstanding verbal or other represenlatlons by the par(le%the"Effective Date"of this explairtlntd why accelerated payments were allowable without a PPD. Contract or Amendment shall be the latest dale that this Contract or Amendment has been BRIEF DESCRIPTION OF CONTRACT PERFORMANCE executed by an authorized signatory of the Contractor,the Department,or a later Contract or Amendment $led Date specified, subject to any required approvals. The Contractor Enter a brief description of the Contract performance,project name andlor other Identifying makes all certifications required under this Contract under the pains and penalties of information for the Contract to specifically Identify the Contract performance, match the perjury, and agrees 10 provide any required documentation upon request to support Contract with attachments, determine the appropriate expenditure code (as listed in the compliance,and agrees that all terms governing performance of this Contract and doing Expenditure Classification Handbook)or 10 identity or clarify important Information related 10 business in Massachusetts are attached or incorporated by reference herein: the Contract such as the Fiscal Year(s) of performance (ex. "FY2012"of"FY2012.14"). Commonwealth and Contractor Ownership Rights,The Contractor certifies and agrees Identify settlements or ocher exceptions and attach more detailed justification and that the Commonwealth is entitled to ownership and possession of all "deliverables" supporting documents, Enter "Multi-Department Use" if olher Departments can access purchased or developed with Contract funds. A Department may not relinquish procurement. For Amendments,identify the purpose and what items ata being amended. Commonwealth rights to doliverabfes nor may Contractors sell products developed with Merely staling"seo attached"or referencing attachments without a narrative description of Commonwealth resources without just compensation. The Contract should detail all performance is insufficient. Commonwealth deliverables and ownership rights and any Contractor proprietary rights. ANTICIPATED START DATE Qualifications, The Contractor certifies it is qualified and shall al all limes remain qualified The Department and Contractor must certify WHEN obligations under this to perform this Contract; that performance shall be timely and meet or exceed industry ConlractlAmendment may be incurred. Option 1 is the default option when performance standards for the performance required,including obtaining requisite licenses,registrations, may begin as of the Effective Date(latest signolure date and any required approvals). If po€mlls, resources for performance, and sufficient professional, liability; and other the parties want a new Contract or renewal to begin as of the upcoming fiscal year then list appropriate Insurance to cover the performance. If the Contractor is a business, the the fiscal yeaf(s) (ex. "FY2012" or "FY2012-14") In the Brief Description section. Contractor certifies that it is listed under the Secretary of State's website as licensed to do Performance starts and encumbrances reflect the default Effective Date(if no FY Is listed) business in Massachusetts,as required bylaw, or the later FY start date(if a FY is listed), Use Option 2 only when the Contract will be Business Ethics and Fraud,Waste and Abuse Prevention.The Contractor certifies that signed well in advance of the start date and identify a specific future start dale. Do not use performance under this Contract,in addition to meeting(he terms of the Contract,will be Option 2 for a fiscal year start unless it is certain that the Contract will be signed prior to made using ethical business standards and good stewardship of taxpayer and other public fiscal year. Option 3 is used in lieu of the Settlement and Release Form when the funding and resources to prevent fraud,waste and abuse. ContractlAmendmenf is signed late, and obligations have already been incurred by the Collusion, The Contractor certifies that this Contract has been offered in good faith and Contractor prior to the Effective pate for which the Department has either requested, without collusion,fraud or unfair trade practices with any other person,(ha(any actions io accepted or deemed legally eligible for reimbursement, and the Contract Includes avoid or frustrate fair and open competition are prohibited by law,and shall be grounds for supporting documents justifying the performance or proof of eligibility, and approximate rejection or disqualification of a Response or termination of(his Conir'act. costs. Any obligations incurred outside the scope of the Effective Date under any Option public Records and Access The Contractor shall provide full access to records related to listed,even If the Incorrect Option is selected,shall be automatically deemed a settlement performance and compliance to the Department and officials fisted under Executive Order Included under the terms of the Contract and upon payment to the Contractor will release 195 and G.L.c.11,s.12 seven(7)years beginning on the first day after the final payment the Commonwealth from further obligations for the Idenfiffed performance. All settlement under this Contract or such longer period necessary for the resolution of any litigation, payments require justification and must be under same encumbrance and object codes as claim,negotiation,audit or other inquiry involving this Contract.Access to view Contractor the Contract payments, Performance dales are subject to G.L.c.4,L9. records related to any breach or allegation of fraud,waste andlor abuse may not be denied CONTRACT END DATE and Contractor can not claim confidentiality or trade secret protections solely for viewing but The Department must enter the date that Contract performance will terminale, If the not retaining documents,Routine Contract performance compliance reports or documents Contract is being amended and the Contract End Dale is not changing, this date related to any alleged breach or allegation of non-compliance, fraud, waste, abuse or must be re-entered again here. A Contract must be signed for at least the initial duration collusion may be provided ofoClronlcally and shall be provided at Conlracter's awn but not longer than the period of procurement listed In the RFR, or other solicitation expanse. Reasonable costs for copies of non routine Contract related records shalt not document(if applicable), No new performance is allowable beyond the end dale without exceed the rates for public records under 950 G.M.R.32.00, an amendment,but the Department may allow a Contractor to complete minimal close out Debarment. The Contractor certifies That neither it nor any of its subcantraclors are performance obligations if subslanVal performance has been made prior to the termination Currently debarred or suspended by the federal or slate government under any law or date of the Contract and prior to the end of the fiscal year in which payments are (Issued 612712011)Page 3 of 5 ,1 ,.YIPI COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM A h a. regulation including,Executive Order 147;G.L.c.29,s.29F G.L.c,30,§39R,G.L.c.1 49,.§ further that the Conlractor is required to ensure that any persona( 27C,G.L.c,149,�44C, G.L,c.149,§14G.L.c.149,§1488 and G.L.c.152,s.25C, data or information transmitted electronically or through a portable device be property Applicable Laws. The Contractor shall comply with all applicable state laws and encrypted using (al a minimum) Information Technology Division (ITQ} Protection of regulations including but not limited to the applicable Massachusetts General Laws; the Sensitive Information,provided further that any Contractor having access 10 credit card or Official Code of Massachusetts Regulations; Code of Massachusetts Regulations banking information of Commonwealth customers certifies that the Contractor is PCI (unofficial): 801 CMR 21.00 (Procurement of Commodity and Service Procurements, compliant In accordance with the Payment Card Industry Council Standards and shall Including Human and Social Services);815 CMR 2.00(Grants and Subsidies);808 CMR provide confirmation compliance during the Contract, provide further that the Contractor 1,00 (Compliance, Reporting and Auditing for Human And Social Services); AICPA shall immediately notify the Department in the event of any security breach including the Standards;confidentiality of Department records under G.L.c,66A;and the Massachusetts unauthorized access,disbursement,use or disposal of personal data or information,and to Constitution Article XVIII if applicable. the event of a security breach,the Contractor shall cooperate fully with the Commonwealth Invoicos, The Contractor must submit invoices in accordance with the terms of the and provide access to any information necessary for the Commonwealth to respond to the Contract and the Commonwealth Bill Paying Policy,Contractors must be able to reconcile security breach and shall be fully responsible for any damages associated with the and property attribute conowront payments from multiple Departments. Final invoices in Contractor's breach including but not limited to G.L.c.214,s.313. any fiscal year must be submitted no later than August 15"for performance made and Corporate and Business Filings and Reports, The Contractor certifies compliance with received(goods delivered,services completed)prior to June 30",in order to make payment any certification,filing,reporting and service of process requirements of the Secretary of the for that performance prior to the close of the fiscal year to prevent reversion of appropriated Commonwealth,the Office of the Attorney General or other Departments as related to its funds.Failure to submit timely invoices by August 15"or other dale listed in the Contract conduct of business in the Commonwealth; and with its incorporating state for foreign shall authorize the Department to issue an estimated payment based upon the entity}. Department's determination of porformance delivered and accepted. The Contractor's Employer Requirements. Contractors that are employers certify compliance with acceptance of this estimated payment releases the Commonwealth from further claims for applicable stale and federal employment laws or regulations, including but not limited to These invoices. If budgetary funds revert due to the Contractus failure to submit timely G.L.c.5,s,1(Prevailing Wages for Printing and Distribution of Public Documents);G.L.c, final invoices,or for disputing an estimated payment,the Department may deduct a penally 7, s. 22 (Prevailing Wages for Contracts for Meat Products and Ctothin and A2gare ; up to 10%from any final payment in the next fiscal year for failure to submit timely invafcus. minimum wages and prevailing wage programs and paymerrls;unemployment insurance Payments Subject To Appropriation, Pursuant to G.L, c. 29 § 26, § 27 and § 29, and contributions;workers'compensation and insurance,child labor laws,AGO fair labor Departments are required to expend funds only for the purposes set forth by the Legislaturerap ctices;G.L.c. 149 (tabor and Industries);G,L.c.150A(Labor Relations);G.L.c. 151 and within the funding limits established through appropriation, allotment and subsidiary, and 455 CMR 2.00(Minimum Fair Wages};G.L.c.151A(Employment and Training);G. including mandated allotment reductions triggered by G.L. C. 29, § 90. A Department c, 1518 (Unlawful Discrimination); G.L. c. 151E (Business Discrimination); G.L. c. 152 cannot authorize or accept performance in excess of an existing appropriation and (Workers'Compensation);G.L.c.153(Liability for Injuries);29 USC c.8(Federal Fair Labor allolmenl, or sufficient non-appropriated available funds. Any oral or wditon Standards);29 USC c.28 and the Federal Fami�and Medical Leave Act. representations, commitments, or assurances made by the Department or any other Federal And State taws And Regulations Prohibiting Discrimination including but not Commonwealth representative are not binding,The Commonwealth has no legal obligation tinted 10 the Federal Equal Employment Opportunity (EEO) Laws the Americans with to compensate a Contractor for performance that Is not requested and is Intentionally Disabilities Act,;42 U.S,C Soc.12,101,at seq.,the Rehabilitation Acct,29 USC c_, 16 s.794; delivered by a Contractor outside the scope of a Contract.Contractors should verify funding 29 USG c.16.s.701;29 USC c,14,623;the 42 USC c.45;(Federal Fair Housing Act);G. prior to beginning performance. L. c. 1616 (Unlawful Discrimination); G.L. c. 151E (Business Discrimination); the Public Intercept, Contractors may be registered as Customers h the Vendor file if the Contractor Accommodations Law G.L. o. 272, s, 92A; G,L, c. 272, s.98 and 98A, Massachusetts owes a Commonwealth debt, Unresolved and undisputed debts, and overpayments of Constitution Article CXIV and G.L. c, 93, s, 103; 47 USC c. 5, sc. 11, Part II, s, 265 Conlracl payments that are not reimbursed timely shall be subject to Intercept pursuant to (Telecommunication Act; Chapter 149,Section 105D, G.L,c. 151C,G.L.C.272,Section G.L.c.7A,s, 3 and 815 CMR9,00. Contract overpayments will be subject to immediate 92A. Section 98 and Section 98A, and G.L. c. 111, Section 199A, and Massachusetts intercept or payment offset, The Contractor may not penalize any stale Department or DisaWlii-Based Non-Discrimination Standards For Executive Branch Entities,and related assess late fees,cancel a Contract or other services if amounts are intercepted or offset Standards and Guidance, authorized under Massachusetts Executive Order or any due 10 recoupment of an overpayment, outstanding taxes, chlid support, other overdue disabilily-based protection arising from slate or federal law or precedent.See also MCAD debts or Contract overpayments. and MCAD links and Resources. Tax Law Compliance, The Contractor certifies under the pains and penalties of perjury tax Small Business Purchasing Program(SBPP). A Contractor may be eligible to participate compliance with Federal tax laws;State lax laws Including but net limited to G.L.e.62C, in the SBPP,created pursuant to Executive Order 523,if qualified through the SBPP G,L, c, 62C, s. 49A; compliance with all stale lax laws, reporting of employees and Smaf[Bid subscription process at: www.tomm-pass.com and with acceptance of the terms contractors,withholding and remitting of lax withholdings and child support and is in good of the SBPP participation agreement. standing with respect to all stale taxes and returns due; reporting of employees and Limitation of Liability for Informatlon Technology Contracts(and other Contracts as contractors under G.L, G. 62E, withholding and remitting child support including G,L, C. Authorized), The Information Technology Mandatory.Sp ifications and the IT Acquisition. 119A,s.12;TIR_05-11•New Independenl Contractor Provisions and applicable TIRs, Accessibility Contract Language are Incorporated by reference into Information Technology Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and Contracts. The following language will apply to Information Technology contracts in the Conflicts, The Contractor certifies it has not been in bankruptcy and/or receivership within U01, UO2, UO3, U04, U05, U06, U07, U08, U09, U10, 1175, U98 object codes in the the last three calendar years,and the Contractor certifies that it will immediately notify the Expandilum Classification handbook or other Contracts as approved by CTR or OSD. Department in writing at least 45 days prior to filing for bankruptcy and/or receivership, Pursuant to Section 11.Indemnification of the Communweallh Terms and Conditions,the any potential structural change In its organization,or if there is any risk to the solvency of term"other damages"shall include,but shall not be limited to,the reasonable costs the the Contractor that may impact the Contractor's ability to timely fulfill the terms of this Commonwealth Incurs to repair, return, replace or seek cover (purchase of comparable Contract or Amendment. The Contractor certifies that at any time during the period of the substitute commodities acid services)under a Contract."Other damages"shall not include Contract the Contractor is required to affirmatively disclose in writing to the Department damages to the Commonwealth as a result of third party claims,provided,however,that the Contract Manager the details of any judgmont,criminal conviction,invesligation or litigation foregoing in no way limits the Commonwealth's right of recovery for personal injury or pending against the Contractor or any of its officers, directors, employees, agents, or properly damages or patent and copyright Infringement under Section 11 nor the subcontractors, including any potential Conflicts of interest of which the Contractor has Commonwealth's ability to join the contractor as a third party defendant. Further,the term knowledge,or learns of during the Contract term. Law firms or Attorneys providing legal "other damages" shall not include, and In no event shall the contractor be liable for, services are required to identify any potential conflict with representation of any Departmernt damages for the Commonwealth's use of contractor provided products or services,loss of client to accordance with Massachusetts Board of Bur Overseers(BBO)rules. Commonwealth records, or data(or other Intangible property),less of use of equipment, Federal Anti-tobbying and Other Federal Requirements. It receiving federal funds,the lost revenue, lost savings or lost profits of the Commonwealth. in no event shall'other Contractor certifies compliance with federal anli-lobbying requirements including 31 USC damages"exceed the greater of$100,000,or two times the value of the product or service 1352;other federal requiremen(s;Executive Order 11246;Air Pollution Act;Federal Water (as defined in the Contract scope of work)that is the subject of the claim.Section 11 sets P011ullon Control Act and federal Employment Laws, forth the contractor's entire liability under a Contract.Nothing in this section shall limit the Protection of Personal Data and Information. The Contractor certifies that all steps will Commonweailh's ability to negotiate higher limitations of liability in a particular Contract, be taken to ensure the security and confidentiality of all Commonwealth data for which the Provided that any such limitation must specifically reference Section 11 of the Contractor becomes a holder, either as part of performance or inadvertently during Commonwea4h'terms and Conditions. In the event the limitation of liability conflicts Willi performance,with special attention to restricting accoss,use and disbursement of personal accounting standards which mandate that there can be no cap of damages,the limitation data and Information under G.L. c. 93H and c, 88A and Executive Order 504. The shall be considered waived for that audit engagement. These terms may be applied to Contractor is required to comply with G.L,c,931 for the proper disposal of ail paper and other Contracts only with prior written confirmation from the Operational Services Division electronic media, backups or systems containing personal data and Information,providedor the Office r f Ilio Comptroller.The terms in this Clarification may not be modified. Northern Ireland Certification. Pursuant to G.L.c. 7 s. 22C for state agencies, stale (Issued 6/2712011)Page 4 of 5 COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM authorities,the House of Representatives or the state Senate,by signing this Contract the (herein collectively "personal Informatlon"), Contractor certifies Contractor certifies that it does not employ ten or more employees In an office or other under the palns and penalties of perjury that the Contractor(1)has read Commonwealth of facility in!Northern Ireland and if the Contractor employs ten or more employees in an office Massachusejts Executive Order 604 and agrees to protect any and all personal information; or other facility located In Northern Ireland the Contractor certifies that it does not and (2) has reviewed all of the Commonwealth Information Technology 01vision1s discriminate In employment, compensation, or the terms, conditions and privileges of Security Policies, Notwithstanding any contractual provision to the contrary,In connection employment on account of religious or political belief; and It promotes religious tolerance with the Contractor's performance under this Contract, for all state agencles In the within the work place,and 1ho eradication of any manifestations of religious and other illegal Executive Department, including all executive offices, boards, commissions, agencies, disc€lm€oation;and the Contractor is not engaged is the manufacture,distribution or safe of departments, divisions, councils, bureaus, and offices, now existing and hereafter firearms,munitions,including rubber or plastic bullets,fear gas,armored vehicles or military established,the Contractor shall:(1)obtain a copy,review,and comply with the contracting aircraft for use or deployment in any activity in Northern Ireland, agency's Information Security Program (ISP) and any pertinent security guidelines, Pandemic,Disaster or Emergency Performance. In the event of a serious emergency, standards, and policies; (2) comply with all of the Commonwealth of Massachusetts pandemic or disaster outside the control of the Department,the Department may negotiate Information Technology Division's "Security Policies") (3) communicate and enforce the emergency performance from the Contractor to address the immediate needs of the contracting agency's ISP and such Security Policies against all employees(whether such Commonwealth even it not contemplated under the original Contract or procurement employees are direct or contracted) and subcontractors; (4)Implement and maintain any Payments are subject to appropriation and other payment terms. other reasonable appropriate security procedures and practicos necessary to protect Consultant Contractor Certifications(For Consultant Contracts"HW and'NN'and'U45" Personal information to which the Contractor is given access by the contracting agency object codes subject to G.L. Chapter 29, s. 29A). Contractors must make required from the unauthorized access, destruction, use, modification, disclosure or loss; (5) be disclosures as part of the RFR Response or using the Consultant Contractor Mandate responsible for the full or partial breach of any of these terms by its employees(whether Submission Form, such employees are direct or contracted)or subcontractors during or after the term of this Attorneys, Attorneys or firms providing legal services or representing Commonwealth Contract, and any breach of these terms may be regarded as a material breach of this Deparlmanls may be subject to G.L,c,30,s,65,and if providing litigation services must be Contract; (6) in the event of any unauthorized access, destruction, use, modification, approved by the Office of the Attorney General to appear on behalf of a Department,and disclosure or loss of the personal Information(collectively referred to as the"unauthorized shall have a continuing obligalton to notify the Commonwealth of any conflicts of interest use"):(a)immediately notify the contracting agency if the Contractor becomes aware of the arising under the Contract. unauthorized use;(b)provide full cooperation and access to information necessary for the Subcontractor Performance. The Contractor certifies full responsibility for Contract contracting agency to determine the scope of lho ur€authorized use; and (c) provide full performance,including subcontractors,and that comparable Contract terms will be included cooperation and access to information necessary for the contracting agency and the in subcontracts,and that the Department will not be required to directly or indirectly manage Contractor to fulfill any notification requirements. Breach of these terms may bo regarded subcontractors or have any payment obligations to subcontractors.. as a material breach of this Contract,such that the Commonwealth may exercise any and EXECUTIVE ORDERS all contractual rights and remedies, including without limitation indemnification under For covered Executive stela Departments, the Contractor certifies compliance with ContSection 11 of the Commonwealth's Terms and Conditions, withholding of payments, applicable Executive Orders(sou also Massachusetts Executive Orders,Including but not applicable suspension, a latoryalion,penalties,addition€, the Contractor may th subject to limited 10 the specific orders listed below. A breach during period of a Contract may be applicable statutory or regulatory .L.a.2including,5Sand without under M. L those imposed considered a material breach and subject Contractor to appropriate monetary or Contract pursuant le G.L.c.93H and tinder G.L.6 214,c 3B for violations under M,G.L e.ding Executive Orders 523 524 and 526, Executive Order 526 (Order Regarding Non- sanctions. omsanctions. Discrimination, Diversity, Equal Opportunity and Affirmative Action which supersedes Executive Order 481, Prohibiting the Use of Undocumented Workers on State Contracts, Executive Order 478). Executive_Order 524 (Establishing the Massachusetts Supplier For all state agencies in the Executive Branch, including all executive offices, boards, Diversity Program which supersedes Executive Order 390). Executive Order 523 commissions, agencies, Departments, divisions, councils, bureaus, and offices, now (Establishing the Massachusetts Small Business Purchasing Program,) All programs, existing and hereafter established, by signing this Contract the Contractor certifies under activities, and services provided, performed, licensed, chartered, funded, regulated, or the pains and penalties of perjury that they shall not knowingly use undocumented workers contracted for by the state shall be conducted without unlawful discrimination based on in connection with the performance of this Contract;that,pursuant to federal requirements, race, color, age, gender, ethnicity, sexual orientation, gender Identity or expression, shall verity the immigration status of workers assigned to a Contract without engaging in religion,creed,ancestry,national origin,disability,veteran's status(including Vietnam-era unlawful discrimination;and shall not knowingly or recklessly alter,falsify,or accept altered veterans), or background. The Contractor and any subcontractors may not engage in or falsified documents tram any such worker discriminatory employment practices; and the Contractor certifies compliance with Executive Order 130, Anti-Boycott, The Contractor warrants,represents and agrees that applicable federal and state laws, rules, and regulations governing fair labor and during the lime this Contract is in effect,neither It nor any affiliated company,as hereafter employment practices;and the Contractor commits to purchase supplies and services from defined,padidpatos in or cooperates with an international boycott(See IRC§999(b)(3)-(4), certified minority or women-owned businesses,small businesses,or businesses awned by and IRS Audit Guidelines Boycods or engages in conduct declared to be unlawful by G_L. socially or economically disadvantaged persons or persons with disabilities. These c. 151E,s.2. A breach in the warranty,representation,and agreement contained in this provisions shall be enforced through the contracting agency, OSD, and/or the paragraph,without limiting such other rights as It may have, the Commonwealth shall be Massachusetts Commission Against Discrimination, Any breach shall be regarded as a entitled to rescind this Contract, As used herein, an affiliated company shall be any material breach of the contract that may subject lho contractor to appropriate sanctions. business entity of which at least 51%of the ownership Interests are directly or Indirectly owned by the Contractor of by a person or persons or business entity or entities directly or indirectly owning at least 61%of the ownership interests of the Contractor,or which directly or indirectly owns at least 51%of the ownership interests of If€e Contractor. Executive Order 346. Hiring of State Employees By State Contractors Contractor codifies compliance with both the conflict of interest law G.L.c.268A s ociflcally s,5{i)and IN order;and includes limitations regarding the hiring of state employees by private companies contracting with the Commonwealth. A privatization contract shall be deemed to include a specific prohibition against the hiring at any lime during the term of Contract,and for any position in the Contractor's company,any stale management employee who Is,was,or will be involved in the preparation of the RFP,the negotiations leading to the awarding of the Contract, the decision to award the Contract, andlor the supervision or oversight of performance under the Contract. Executive Order 444, Disclosure of Family Relationships With Other State Employees. Each person applying for employment (including Contract work) within the Executive Branch under the Governor must disclose In writing the names of all immediate family related to immediate family by marriage who servo as employees or elected officials of the Commonwealth. All disclosures made by applicants hired by the Executive Branch under the Governor shall be made available for public inspection to the extent permissible by law F by the official with whom such disclosure has been filed. Executive Order 504. Re ardin the Security and Confidentiality of Personal Information. For all Contracts involving the Contractor's access to personal information,as defined in G.L.c.9311,and personas data,as defined to G.L.c.66A,owned or controlled by Executive Department agencies,or access to agency systems containing such information or data (Issued 6127/201 f)Page 5 of 5 COMMONWEALTH TERMS AND CONDITIONS This Commonwealth Terms ars!Conditions forst is jointly any alleged breach or failure to porfornl, if applicable, and any instructions or issued by the! Executive Office for Administration and restrictions concerning allowable activities, costs or expenditures by the _ Finance(ANF),the Office of the Comptroller(CTR)and Contractor during the notice period. Elie Operational Services Division (OSD) for use by all 6, Conlldentiality. The Contractor shall comply with M.G,L. C. 66A if the Commonwealth of Massachusetts ("State") Departments Contractor becomes a "holder' of"personal dela". The Contractor shall also and Contractors. Any changes at, eleefronic aRerations by either the protect the physical security and restrict any access to personal or other Department ar the Contractor to the official version of tills form, as jointly Department data in lire Contractors possession,or used by the Contractor in the published by ANF, CTR and OSD, shall be €mill. [Upon execution of these performance of u Contract, which shall include, bill is not limited to the Commonwealth Torras and Conditions by the Contractor and riling as prescribed Department's public records,documents,tiles,software.equipmennl or systems, by tine Office of ilnc Comptroller,these Commonwealth Terms and Conditions will 7. Recard-hec in= And Retention Iris recidorr O Record, The Contractor be incorporated by reference into any Contract for Commodities and Services shall maintain records,books,files and ether data as specified in it Contract and inn executed by the Contractor and any State Department, in the absence of a such detail as shall properly substantiate claims for payment under it Contract,for superseding law or regulation requiring a different Contract form. Pcrformanee a minimum retention period ofseven(7)years beginning on the first day after the shall include services rendered,obligations due,costs incurred,commodities arid final payment under a Contract, or such longer period as is necessary for tine deliverables provided and accepted by the Department, programs provided or resolution of any litigation,claire,negotialion,audit or other inquiry involving a other coniaiinnenls authorized under a Contract, A deliverable shall include any Contract. The Department shall have access, as well as any parties identified tangible product to be delivered as an element of performance tinder a Contract. under Executive Order 195,during the Contractor's regular business hours and The Commonwealth is entitled to ownership and possession of all deliverables upon reasonable prior notice, to such records, including on-site reviews and purchased or developed with State funds. Contract shall mean the Standard reproduction of such records at a reasonable expense, Contract Form issued jointly by ANF,CTR and OSD, 8. AssiRronext,, The Contractor may not assign Or delegate,in whole or in part, L Cnrrrracr R ecrive Saar! Date. Notwithstanding verbal or Other or otherwise transfer any liability,responsibility,obligation,duty or interest under rcpresenlations by the pnrtics,or an earlier start date indicated in a Contract,the a Contract, with the exception that the Contractor shall be authorized to assign effective start date of performance under it Contract shall be the date a Contract present and prospective claims for money due to the Contractor pursuant to a has been executed by an authorized signatory of the Contractor,the Department,it Contract in accordance with M.G.L. C. 106, §9-318. The Contractor must later date specified in the Contract or the date orally approvals required by late or provide sufficient notice of assignment and supporting documentation to enable regulation,whichever is later. (lie Department to verify and implement the assignment. payments to third party 2.Pni a€eats Arrti Compensation. Tile Contractor shall only be compensated for assignees will be processed as if such pay€renis were being made directly to tine performance delivered and accepted by the Department in accordance with the Contractor and these payments will be subject to intercept,offset,counter claims specific terms and conditions Of a Contract. All Contract payments are subject to or any other Department rights which are available to the Department or the State appropriation pursuant to KC.L.C,29,§26,or the availability of sufficient non- against the Contractor. appropriated fiends for the purposes of a Contract,and shall be subject to intercept 9. Subeaatr•acibig By Contractor. Any subcontract entered into by the pursuant to M.G.L. C. 7A, §3 and 815 CMR 9.00. Overpayments shall be Contractor for Elle purposes of fulfilling[he obligations under a Contract must be reimbursed by the Contractor or may be offset by the Department from Riture in writing,authorized in advance by the Department and shall be consistent with payments in accordance with state finance law. Acceptance by the Contractor of and subject to the provisions of these Commonwealth Terns and Conditions and a any payment or partial payment,without tiny written ubjection by the Contractor, Contract. Subcontracts will not relieve or discharge the Contractor from any duty, shall in each instance operate as a release and discharge of the State from all obligation,responsibility or liability arising under a Contract, The Department is claims,liabilities or other obligations relating to the performance Ora Contract. entitled to copies of all subcontracts and shall not be bound by any provisions 3. Cariracfor Pavurerrt Mechanism. All Contractors will be paid using the contained in a subcontract to which it is not it party. Payment Voucher System unless a different payment mechanists is required. The 10,AfTrtt€ative Artion,Nun 1llscrhnirtatiorr Irl HirhrxAruiEorplo €etrt, The Contractor shall timely submit invoices (Payment Vouchers - Form PV) and Contractor shall comply with all federal and state laws, rules and regulalio€ts supporting documentation as prescribed in a Contract. The Department shall promoting fair employment practices or prohibiting employment discrimination review and return rejected invoices within fifteen (15) days of receipt with a and unfair labor practices and shall not discriminate in the hiring orally applicant written explanation for rejection. Payments shall be made in accordance with the for employment nor shall any qualified employee be demoted, discharged or bill paying policy issued by the Office of the Comptroller and 815 CMR 4,00, otherwise subject to discrimination in the tenure, position, promotional provided that paymo€nt periods listed in it Contract of less than forty-five(4 5)days Opportunities, wages, benefits or terms and conditions of their employment from the date of receipt of an invoice shall W effective only to enable a because of race, color, national origin, ancestry, age, sex, religion, disability, i)epartment to take advantage of early payment incentives and shall no[subject handicap, sexual orientation or for exercising any rights afforded by law. The troy payment trade within the forty-five (45) day period to it penalty. The Contractor commits to purchasing supplies and services from certified minority or Contractor Payroll System, shall be used only for "Individual Contractors"who women-owned businesses, small businesses or businesses owned by socially or have been determined to be"Contract Employees"as a result of the Department's economically disadvantaged persons or persons with disabilities. completion of an Internal Revenue Service SS-8 form in accordance with the 11, 7ndernriiflaatia,r, unless otherwise exempted by law, the Contractor sha11 Omnibus Budget Reconciliation Act (OBRA) 1990, and shall automatically indemnify and hold harmless the State, including the Department, its agents, process all state and federal mandated payroll,tax and retirement deductions. Officers and employees against any and all claims, liabilities and costs for any 4,Contract Termination 0e Suspension, A Contract shall lerininale on the dale personal injury or property damages, patent or copyright infringement or other specified in a Contract,unless this date is properly amended in accordance with all damages that the State may sustain which arise out of at in connection with the applicable laws and regulations prior to this date, or unless terminated or Contractor's performance of a Contract, including but not limited to the suspended under this Section upon prior written notice to the Contractor, The nogligenec, reckless or intentional conduct of the Contractor, its agents,officers, Department tray tenninate a Contract without cause and without penalty,or may employees or subcontractors. The Contractor shall at no !fine be considered an totminate or suspend a Contract if the Contractor breaches any material toren or agent or representative of the Department or the State. Afler prompt notification condition or fails to perform or fiilfill any material obligation required by a ofa claim by the State,the Contractor shall have an opportunity to participate in Contract,or in the event of an elimination of an appropriation or availability of the defense of such claim and any negotiated settlement agreement or judgment. sufficient finds for the purposes of a Contract,or in the event of an unforeseen The State shall not be liable for any costs incurred by tiie Contractor arising under public onergency mandating immediate Department action, Upon immediate this paragraph. Any inderu€ification of the Contractor shall be subject to notification to the other party,neither the Department nor the Contractor shall be appropriation and applicable law. cleaned to be in breach for failure or delay in perfbrmancc due to Acts of God or 12. Waivers, Forbearance or indulgence in any form or mariner by a party shall other causes factually beyond their control and without their fault or negligence, not be construed as a waiver,nor in any way limit the legal or equitable remedies Subcoatr€€ctor failure to perform or price increases due to market flumiations or available to that party.No waiver by either party of any default or breach shall product availability will not be deemed facivally beyond the Contractor's control, Constitute a waiver of any subsequent default or breach. S. Written Notice. Any notice shall be deemed delivered and received when 13. Risk Of Loss. The Contractor shall bear(lie risk of loss for any Contractor submitted in writing in person or when delivered by any other appropriate method materials used for it Contract and for all deliverables, Department personal or evidencing actual receipt by the Department or the Contractor, Any written notice other data which is in the possession of the Contractor or used by the Contractor in of termination or suspension delivered to the Contractor shall state the effective the performance ofa Contract until possession,ownership and full legal title to the date and period of the notice, the reasons for the termination or suspension, if deliverables are transferred to and accepted by the Departmeut. applicable, any alleged breach or failure to perform, a reasonable period to cure Page 1,o f 2. i COMMONWEALTH TERMS AND CONDITIONS 14. Fvrmn, Chnlce of I.rni, And rlfetlktflon. Any permitted by taw. All amendments[Host be cxeculec4 by the parties in accordance mm --- actions arising out of it Contract shall be governed by the +vitt€Section 1.of these Conanontvealth Terms and Conditions and filed with the laws of Massaclsusclis, and shall be brought and original record copy of it Contract as prescribed by CTR.The printed language of maintained in it State or federal court in Massachusetts file Standard Contract Form, as officially published by ANF, CI'R and OSD, which shall have exclusive Jur€sdiclson thereof. The which irworporates by reference these Commonwealth Tema and Conditions, Department, with the approval of the Attorney General's Office, and the stall supersede any conilicting verbal or wriltelit agreements relating to the Contractor cony agree to voluntary nlcdiatio»through the Massachusetts Office of perforiiiattCc of a Contract,cu attached thereto,including contract forms,purchase Dispute Resolution(MODR)of any Contract dispute and wilt share the costs of orders or invoices of file Contractor. The order o1'priority of documents to such mediation. No legal or equitable rights of the parties shall be limited by this interpret a Contract sluiil be as follows: the printed language of the section. Commonwealth Ternls anis Conditions, the Standard Contract Form, the 15, Conwircr Bolleralnte itrierprctrrllnrr, Serertebllftp, Conflicts With Law, Departuteni's Request for Response (RFR) solicitation doclinlent and the Integration. Any amenchucirl or allachment to any Contract which contains Contractor's Rcspouse to the RFR solicitation, excluding any language stricken conflicting language or has the affect of a deleting, replacing or modifying any by it Department as unacceptable and including any negotiated terms and printed language of these Commonwealth 'rerrm and Conditions, as officially conditions allowable pursuant to law or regulativa. published by ANF, CTR and OSD, shall be interpreted as superseded by the official prltlted htligt€ilge. If any provision ora Contract is found to be superseded iN WITNESS WHEREOF, The Contractor eerllfv r€ode€' the pilins and by state or federal law or regolatton,in whole or in part,then both parties shall be pl'ritdnCs of Perjury that it shall comply with these Comillommilth Terms relieved of all obligations usider that provision only to the extent necessary to and Conditions fur any applicable Conirnci executed with the comply with the saperseding taw,provided however,that Fie remaining provisions Cyiiri nnwcaltlt as certified by tliei€ autliorizsigu:ikrt y hetnrr; of the Contract, or portions thercol, shall be enforced to the f}illcst extent CONTRACTOR AUTHORIZED SIGNATORY: Prim Name: / za(Icc= Gam• 5%�" Title: •� (�'� /��}l��. �-f''"' Date: (Check One): / Organization individual JJf Full Legal Organization or Individual Name: Doing Bushiess As: Name(If Different): Tax Idcntiftcation Number: C Address: l 20 1-710-(� �/• �/tJ�' 7 11 �i'tC/o(/C Telephone: I ` S/D FAX: IN.STRUC'i'IONS FOR FILING TIIL`COMA10NIVEALTH TFRNIS'AND CONDITIONS A "Recluest for Verification of Taxation Reporting information" form (Massachusetts Substitute W-9 Formal), that conlains the Contractor's correct TIN, name and legal address information, must be on file with the Office of the Comptroller, If the Contractor lias not previously filed this form with the Comptroller,or if the information contained on a previously filed form has changed,Incase fill ottt a W- 9 form and return it attached to the executed COMMONWEALTH TERMS ANIS CONDITIONS. If the Contractor is responding to a Request for Response (RFR), (lie COMMONWEALTH TERMS AND C:ONDiTIONS must be submitted with the Response to RFR ar as specified in the RFK. Otherwise, Departments or Contractors must timely submit the compleled and properly executed COMMONWEALTH TERMS AND CONDITIONS (and the W-9 form if applicable) to the: Payee caul Paptielits (Jrrl1, Office of'the Comptroller, oily Float-, Otte Ashburtatr Place, Bostoir, AIA 02108 in order to record the filing of this form on (lie MMARS Vendor File, Contractot's are required to execute and file this form only once. i. G Paige 2.of 2. Issued May COMMONWEALTH OF MASSACHUSETTS 20 4 CONTRACTOR AUTHORIZED SIGNA'T'ORY LISTING — CONTRACTOR LEGAL NAME : % ��� � r� ✓�/or �f7 f�'va;�a cf�+r :� ` { CONTRACTOR VENDORICUSTOMEll CODE; INSTRUCTIONS, Any Contractor (other than a sole-proprietor or an individual contractor) must provide a listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor's behalf. In addition to this listing, any state department may require additional proofof authority to sign contacts on behalf of the Contractor, or proof of authenticity of signature (a notarized signature that the Department can use to verify that the signature and date that appear ort the Contract or other legal document was actually made by the Contractor's authorized signatory, and not by a representative, designee or other individual.) NOTICE. Acceptrrrree of farts payment under a Contract or Grant shall operate as a waiver,of atr}7 defense by the Contractor challenging the existence ofet valid Contract due to air alleged lack of actual authority to execute the docrtnrent by the sigrtator,y. For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank account numbers, social security numbers, driver's licenses, home addresses, social security cards or any other personally identifiable information that you do not want released as part of a public record. The Commonwealth reserves the right to publish the names and titles of authorized signatories of contractors. AUTHQ IZE LSJGNATORY NA"E certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Contractor and as an authorized officer of the Contractor 1 certify that the names of the individuals identified on this listing are cim-ent as of the date of execution below and that these individuals are authorized to sign contracts and other legally binding documents related to contracts with the Commonwealth of Massachusetts on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that this listing is immediately updated and communicated to any state department with which the Contractor docs business whenever the authorized signatories above retire, are otherwise terminated from the Contractor's employ, have their responsibilities changed resulting in their no longer being authorized to sign contracts with the Commonwezignature ver new signatories are designated. 6 Date: Title: GAG( Telephone: ? 71 v/JJ Fax: l m' )—t4 Erna i1: /Yt� (ar /10/' �C�tlr#✓verr/ �t 5u [Listing can not be accepted without all of this information completed.) A copy of this listing rilust be attached to the"record copy" of a contract filed with the department, Issued may COMMONWEALTH OF MASSACHUSETTS 2004 CONTRACTOR AUTHORIZED SIGNATORY LISTINGn� CONTRACTOR LEGAL NAME ; CONTRACTOR VENDOR/CUSTOMER CODE: PROOF OF AUTHENTICATION OF SIGNATURE This page is optional and is available for a department to authenticate contract signatures, It is recommended that Departments obtain authentication of signature for (lie signatory who submits the Contractor Authorized Listing, 'I'bis Section MUST'be completed b)' the Contractor Authorized Signatory in presence of notary, Signatory's full legal name (print or type), Title: le66A zf/ X r Signatu•e its it will appear on contract or other document(Complete only in presence of notary): AUTHENTICATED BY NOTARY Oft CORPORATE CLERK (PICK ONLY ONE)AS FOLLOWS: (NOTARY) as a notary Public ccrtify that l witnessed the signature of the afor'en7efitionc signatory above a€rd I verified th ' i.AUFiII_ SURZLAi=F /V 20 J� Notary Public / COMA{ONWEALTH OF MASSACHUSETTS My Commission Expires My commission expires on; UI) October 2, 202 O i oTARY srA[. x (CORPORATE CLERK)ccrtify (ha( [ witnessed the signature of the aforementioned signatory above, that i verified the individual's identity and confirm the individual's authority as an authorized signatory for the Contractor on this date: 20 ' AFFIX CORPORATE SEAL: c t w * AGENDA COVER MEMORANDUM To: Board of Selectimen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2016 Fie: Mass'Works letter of support i Please see attached memorandum from Eric Kfoury, Director of Community and Economic f Development, requesting a Vetter of support from the Board to include with the application for the MassWorks grant. r COMMUNITY and ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planniinig Stevens Estate Zoning MEMORANDUM TO: Andrew Maylor,Town Manager FROM: Eric Kfoury, Director RE: MassWorks Letter of Support and Grant Request Outline DATE: August 2.5, 2016 As part of the Town's MassWork''s grant application, it would be very helpful to include a formal letter of support from the Board of Selectmen. The following narrative outlines the discussion made before the Selectmen at their July 18, 2016 board meeting, including the purpose of the application and some specific components of the work that would be accomplished through the grant. The Town is requesting grant assistance for infrastructure improvements to the Main Street corridor (Sutton Street to Water Street) as part of a long-term, phased public-private investment program to comprehensively revitalize and enhance the downtown commercial, residential and cultural districts. These improvements willl build upon other infrastructure investments that have occurred in the downtown and leverage with the Downtown ,Overlay District. The proposed Main 'Street improvements are necessary to open currently underutilized areas to future housing and commercial growth. In short, the proposed project is necessary for the downtown center to reach its full potential) as a convenient, connected and livable neighborhood. Over the past few years, there have been significant public infrastructure investments and private development investments in the downtown. Examples include: roadway and lighting along Water/High Streets; the renovation and expansion of Town Hall; redevelopment of the former Bradstreet School site; complete rebuiilding of the First & Main plaza; and, of course,the repurposing of the East-West Mill complex. The next step required to re-invigorate the downtown is to address the transit and safety concerns of Main Street itself that are ha'mper'ing growth. It is expected that the proposed improvements will unleash further reinvestment in the downtown district. To address the high volume of cut-through traffic on Main Street, a complete streets approach that incorporates vehicular safety, pedestrian and bicycle safety/mobility, ADA accessibility and transit operations and access needs to be accomplished. Specifically, improvements will include a new traffic signal at the intersection of Sutton Street, traffic calming throughout the corridor, new ADA compliant sidewalks and crossings, bicycle accommodations, lighting and other streetscape improvements. Finally and significantly, is the need to couple these improvements with the under-grounding of the existing overhead utilities thereby further improving safety, accessibility and aesthetics, all of which would significantly revitalize the Town Center by promoting multi-modal activity and advancing housing and economic development. 1'OWN OF NOR`f H ANDOVER OFFICE OF BOARD OF SELECTMEN 120 MAIN sT.RFET NORTH ANDOVER, MASSAC]ILJSETTS 01815 Richard M.Vifflancowt, Chuh-nianTEL. (978)688-95 10 Phil DeCologet-o FAX (9�78)688-9556 Rosemary Connelly Sinedile Donald B. Stewart Tracy,M. Watson August 29, 2016 Secretary Jay Ash Commonwealth of Massachusetts Executive Office of Housing and Economic Development One Ashburton Place,Room 2l 01 Boston,MA 02108 Dear Secretary Ash: The Board of Selectmen offers its unqualified support of North Andover's Main Street Corridor Improvements application for MassWorks grant assistance. This project will build upon extensive public/private efforts that have occurred to re-purpose and revitalize North Andover's downtown as a contemporary center of commerce, employment, culture, entertainment and living. The Main Street Corridor Improvements,project addresses real transit needs that are needed to attract and safely move residents,workers, consumers and visitors to, and through the downtown district.It will incorporate vehicular safety,pedestrian and bicycle safety/mobility,ADA accessibility and traffic calming through now sidewalks and crossings, bicycle accommodations, lighting and other streetscape improvements. To,go along with these improvements,the Town is committed to partner with the State by under-grounding the existing overhead utilities to further improve safety, accessibility and aesthetics of Main Street. Over the past few years,there have been significant public(Town) infrastructure investments and private development investments in the downtown. True Main Street Corridor Improvements project is the next step to open currently underutilized areas to additional housing and commercial growth. This project is critical for the downtown center to reach its full potential as a convenient, connected and livable neighborhood. We respectfully request that your office act favorably on this application. While we are committed to the revitalization of our downtown,MassWorks assistance will unleash more investments,by our private sector partners and accelerate this regeneration. Sincerely, Richard M. Vaillancourt Chairman North Andover Board of Selectmen TOWN Of F NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 „oRTN Joyce A. Bradshaw,CMMC 0 ,u � Telephone(x)78)68'8-9501 Town clerk, � � FAX(978)688-9557 B�RATYIP�FR^4*',�� Se6C HU S'k" 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: August 29, 2016 SUBJECT: Change of location and Change of dba i Attached please find the application received from Tuscan Market Inc. d/b/a The Vineyard, � William M. Dwyer Manager 554 Turnpike St for a change of location of an all alcohol beverages license Package Store to 757 Turnpike St and change of d/b/a to A Taste of the Vineyard. Included are favorable recommendations from the Police Department, Fire Department and the Building Inspector. Please do not hesitate to contact nye if you have any questions or concerns. Thank you. TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL LICENSE APPLICATION Indicate if license is: ❑new ❑transfer *change of dba ,Kother 6"Y"eC eic Check type of license you are applying for: ❑ Common Victualler )0 Package Store ❑ Restaurant All Alcohol ❑Package Store Wine&Malt ❑ Restaurant Wine&MaIt ❑ Club All Alcohol ❑ Class I No. of vehicles for display: ❑ Annual Entertainment ❑Class II No. of vehicles for display: ❑ Sunday Entertainment ❑Class III motor vehicle junk license ❑ Electronic Games list below: ❑Fortune teller ❑Vehicle for hire/taxi No: of vehicles: ❑ Jukebox ❑ Billiard Table-No: of tables Name of Applicant: !USC'1 f'J "MA2}cc—T we Business Name: °r-,zr Vo N %41zp r1VfV1 1. a;- Vim If business is a dba,please attach a copy of business certificate. If business is a corporation or LLC,please attach copy: 1. Certificate of Good Standing dated within the last 6 months; and 2. Corporate Vote authorizing business at the stated location. Address of licensed premises: 5 zl -ru.2Apike' 41, CrA 46-ty �g;Tr ie' -7S7 T1/'Z/VFsi. JO Mailing address (if different from above): 3 PT-ve�Tev 2a _c?&/P,,/c! Business Telephone No:-TU �98 5-0 05' Business Email: F.E.I.N.: 260 3 ; -21 31 Please check one of the followings: ❑own premises Aelease premises ❑property under P&S Name and address of property owner if different from license holder: s'f d P � .5Al0 f S vPfkz 4p924o-r L e-C Name Address If applicable,please attach a copy of the lease or Purchase and Sale Agreement. If applicable,please provide, on paper no larger than 81/2 x 14: 1. Eight(8) copies of the floor plan of building(including kitchen and seating area); and 2. Eight(8) copies of the site plan indicating parking areas and access to town.ways. If applying for a Class I, Class II or Class III licenses,please submit a plot plan that shows: 1. The number of vehicles on display 2. The exact location of the vehicles 3. Customer parking 4. Office area Proposed hours of operation: Monday RA-4 // per, Thursday S *vl - An Tuesday 9 t9nR - //r�li Friday /i pm Wednesday! dr - [r no' Saturday 0 pwr Sunday /0 r4, (Specify liquor sale hours if different than regular establishment hours): Has applicant operated a similar business? kYes ❑No If yes,please provide: Name of business: -7 r V., Address of business: 5 Eq Federal Tax Number: 2-0 0 3 f 3 i 3 t Do you currently hold a similar license?)OYes ❑No What type? �n1G- Have you previously applied for a license?, Yes ❑No Have you ever had a license revoked? ❑Yes *o If Yes,please indicate why: I hereby authorize the North Andover Police Department to conduct a fingerprint based national criminal record check and provide said information to the local licensing authority. 4 / Signature Date Pursuant to MGL Chapter 62C, §49A and Chapter 40, §57,I hereby certify under the penalties of perjury that all state tax returns have been filed and all state and local taxes have been paid. Signature Date I hereby certify that I have read the conditions included with this application, including the requirement to submit to a fingerprint based criminal record check, and agree to comply with any further stipulations that the Licensing Authority may from time to time approve. I also hereby authorize the licensing authority or their agent to conduct whatever investigation or inquiry is necessary to verify the information contained in this ap lication, Signtuar Date In addition to the documents stated in the application, applicant must provide the following: ❑ ABCC Form A,if applicable ❑ Certificate of Good Standing from the Department of Revenue ❑ Check for filing fee of$100.00 made payable to the Town of North Andover ❑ Report of the Technical Review Committee ❑ For corporations-certified copy of Articles of Organization from the Secretary of Commonwealth's Office ❑ For corporations-a vote of the Board of Directors appointing a Manager ❑ For partnerships-copy of the Partnership Agreement ❑ For transfer of a license-Form 983 or 983A ❑ Check for filing fee of$200.00 made payable to the Alcoholic Beverage Control Commission ❑ Check for License fee- $3,000-Restaurant All Alcoholic Beverages $2,000-Restaurant Wine&Malt $2,200-Inn holder All Alcoholic Beverages $2,000-Club All Alcoholic Beverages $2,000-Package Stores All Alcoholic Beverages $1,500-Package Stores Wine&Malt $100.00-One Day All Alcoholic Beverages $75.00 One Day Wine&MaIt $50.00 Fortune Teller Please contact the Town Clerk's Office with any questions at(978)688-9501 .. The Commonwealth of Massachusetts .Print Form Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED,SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER: 1 3_ / 7 IF USED EPAY,CONFIRMATION NUMBER: ABCC LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY): 082600036 LICENSEE NAME: Tuscan Market, Inc.,d.b.a.The Vineyard ADDRESS: 554 Turnpike Street CITY/TOWN: North And STATE MA ZIP CODE 01845 TRANSACTION TYPE(Please check all relevant transactions): ❑ New License ❑ New Officer/Director ❑ Pledge of License ❑ Change Corporate Name ❑ Transfer of License Change of Location ❑ Pledge of Stock ❑ Seasonal to Annual ❑ Change of Manager ❑ Alteration of Licensed Premises ❑ Transfer of Stock ❑ Change of License Type ❑ Cordials/Liqueurs Permit ❑ New Stockholder ❑ Issuance of Stock 0 Otherl Change d.b,a.Name ❑ 6-Day to 7-Day License ❑ Management/Operating Agreement ❑ Wine&Malt to All Alcohol THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION,AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P.0.BOX 3396 BOSTON,MA 02241-3396 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www,mass.gov/abce PETITION FOR CHANGE OF LICENSE 0826-00036 North Andover ABCC License Number City/Town The licensee Tuscan Market,Inc. respectfully petitions the Licensing Authorities to approve the following transactions: ❑ Change of Manager ❑ Alteration of Premises FX� Change of Corporate Name/DBA ❑ Pledge of License/Stock ❑ Cordial&Liqueurs n Change of Location ❑ Change of License Type(§12 ONLY,e.g."club"to"restaurant") ❑ Change of Manager Last-Approved Manager: Requested New Manager: ❑ Pledge of License/Stock Loan Principal Amount:$ Interest Rate: Payment Term: Lender: 0 Change of Corporate Name/DBA Last-Approved Corporate Name/DBA: [T�heVineyard Requested New Corporate Name/DBA: A Taste of the Vineyard ❑ Change of License Type Last-Approved License Type: Requested New License Type: ❑ Alteration of Premises:(must fill out attached financial information form) Description of Alteration: Description of Premises: Q Change of Location:(must fill out attached financial information form) Last-Approved Location: 554 Turnpike Street Requested New Location: 757 Turnpike Street Signature of Licensee �. Date Signed i 7116 f a CorporatioNLLC,by its authorized repres tative} Additional Space Please note which question you are using this space for. The existing license is for"The Vineyard"which is located at 554 Turnpike Street in North Andover and the applicant is seeking to relocate to 757 Turnpike Street in North Andover and to operate under a new trade name as"A Taste of the Vineyard."757 Turnpike Street is the current location of a Stop&Shop Supermarket and the new licensed premises would be located within the existing supermarket as shown on the enclosed floor plans.The licensed premises would be limited to the 1675 SF which are licensed to the applicant pursuant to the Premises License Agreement.The licensed premises would be a separately enclosed area constructed within the supermarket under the control of the licensee and would be fully secured and locked(via an enclosed security gate)when the licensed premises were not staffed by the licensee and open for business.While this model is perhaps new to North Andover,it is consistent with other existing Stop&Shop Supermarket locations where alcoholic beverage licenses have been permitted and approved for licensees located within their supermarkets in other jurisdictions within The Commonwealth. A � . 40 .a ...Community Partnership,.- Operations Division Lieutenant Daniel P. Lunen TO: Suzanne Pelich FROM: Lieutenant Daniel P, Lanen RE: Tuscan Market Inc. DATE: August 19, 2016 Please be advised that the following request for a change of location and change of dba has been reviewed. The Police Department has no issues with either of these changes. In answer to your question regarding fingerprints, there will be no need for further printing at this time. Safety and security for the alcohol sales appear to be adequate as reflected in the architectural plans. We would require the applicant to continue to adhere to all applicable laws regarding to the sales of alcohol. 1475 Osgood Street,North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172 8/23/2016 Town of North Andover Mail-Re:Message from"RNP002673AB7D96" y�s3a! NOR ANpQVER Suzanne Pelich <s elich northandoverma. ov> Massaehus � � p @ g Re. Message from "RNP002673AB7D96" 1 message Donald Belanger <dbelanger@northandoverma.gov> Tue, Aug 23, 2016 at 9:14 AM To: Suzanne Pelich <spelich@northandoverma.gov> The change of location is an allowed use the DBA would be approved. The Owner of"The Vineyard" needs to submit a building application for a tenant fit-up with a floor plan to scale showing the layout of there new space prior to relocating. On Mon, Aug 22, 2016 at 12:22 PM, Suzanne Pelich <spelich@northandoverma.gov> wrote: Hi Donald, They are leasing a 1675 sf spot inside of the Stop & Shop Supermarket. I attached the floor plan and lease agreement. Im not sure what you mean about the tenant fit up?when you get back to the office I can show you what I have in the file. Thank you, Suzanne On Mon, Aug 22, 2016 at 12:11 PM, <dbelanger@northandoverma.gov> wrote: I need more information what space are they occupying the pot of the market existing or will it be your own space within as a lieutenant as far as the DBA that's not a problem before they can go in and occupy the space I still need a tenant fit up on application i Sent from my Phone On Aug 18, 2016, at 1:12 PM, Suzanne Pelich <spelich@northandoverma.gov> wrote: i Good Afternoon, Attached please find the application from Tuscan Market Inc.for a change of location and a change of a dba. They are currently located at 554 Turnpike St. with the dba The Vineyard. Their application is to move to 757 Turnpike St (Stop & Shop)and their new dba is A Taste of the Vineyard. They have submitted a legal notice to the Lawrence Eagle Tribune to run on Friday August 19th with the hopes to be on the August 29th Board of Selectmen's Meeting. If you could please email me your recommendations. Thank you, i Suzanne ---------- Forwarded message---------- From: <spiceworks@northandoverma.gov> Date: Thu, Aug 18, 2016 at 1:03 PM i > Subject: Message from "RNP002673AB7D96" To: Suzanne <spelich@northandoverma.gov> i This E-mail was sent from "RNP002673AUD96" (MP C4503). i Scan Date: 08.18.2016 13:03:16 (-0400) Queries to: spiceworks@northandoverma.gov i' 1 -- Assistant Town Clerk j 120 Main Street North Andover,MA 01845 Phone:(978)688-9501 Fax: (978) 688-9557 Email spelich@northandoverma.gov https://mail.google,com/mail/ulO/?ui=2&ik=00f5O782ad&view=pt&search=inbox&type=166b789432ba4fad&th=156b789432ba4fad&siml=156b789432ba4fad 112 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 795 Chickering Road NORTH ANDOVER, MASSACHUSETTS 01845 O� NOHTry� Chief of Depart?ne17t �.a _•� � o µ ° Chief(978) 688-9593 WILLIAM MCCARTH o ;* Business(978) 688-9590 FAX(978) 688-9594 SSac��S� To Suzanne Pelich August 24,2016 From: Lt Robert Bonenfant Re: Tuscan Market The Fire Department has reviewed the request by the Vineyard for a change of location from 554 to 757 Turnpike, (Stop and Shop) and a name change from The Vineyard to the Tuscan Market. We do not have any issues with these requests. Lt Robert Bonenfant Fire Prevention Officer North Andover Fire Cy Cy WAiam Francis Galvin Swwtaty ofthe Commonwealth TO 'WHOM TT MAY CONCERN: July 25, 2016 I hereby certify that according to records in this office, TUSCAN MARKET,INC. was incorporated under the General Laws of this Commonwealth on October 20,2003. I also certify that so fat as appears of record here, said corporation still has legal existence. I further certify that in an Annual Report filed here for fiscal year 2015, the Officers and Directors of said corporation are listed as follows: SEE ATTACHED In testimony of which, I have hereunto a&ed the f Great Seal of the Commonwealth u ` on the date first above written. Secretary of the Commonwealth Processed By:TAA D Examiner 'Wiffia1II Francis GaMn Secretary of the Commonwealth One Ashburton Puce,Boston,Massachusetts 021081512 AR13C.LES OF ORGANVEMON (General caws,03apte,r 1558) Nzin Aprimvcd AnnaEt The pct name of the corporation is: Tuscan Market, jnc r ARTICLE H The purpose of the corporation is to engage In the following business activities,- (a) ctivities;(a) To operate a retail liquor store selling goods, including, but not limited to, beer, wire, liquor, and spirits, to the public. (b) Any business or other activity which may lawfully be carried on by a corporation organized under the Massachusetts Business Corporation Law. C P M �..I t2.A, ❑ Nate"V the space pratdded trader anp nr#de or Item arr lbls,/carnt Is ins"Vrfe4 addlubw shall be sea forth on one sfde only of separate s vz x I i sbeets Ojpapee scab a Jett ntarvil of at least I Ore&AddJtions to Mary&WN oue article may be A.C. made on a single sbeet so lonrg as eaeb ankle requiring each addition is clearly indicareA ARTICLE III State the total number of shares and par value,if any,of each class of stock which the corporation is authorized to issue. W MOUT PAR VALUE WITH PAR VALUE TYPE NUMBER SOF SHARES TYPE NUMBER OF SNARES PAIL VALUE Common: 275,000 Common. 0 0 Preferred: 0 Preferred: 0 0 ARTICLE IV if more than one class of stock is authorized,state a distinguishing designation for each class.Prior to the issuance of any shares of a class,if shares of another dais are outstanding,the corporation must provide a description of the preferences, voting powers, qualifications,and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. X/A ARTICLE v The restrictions,if any,imposed by the Articles of Organization upon the trrnsfer of shares of stock of any class are.- HOME re:HOME AR'T'ICLE W '•other lawful provisions,if any,for the conduct and regulation of the business and affairs of the corporation,for its voltmtary dissolution,or for limiting,defining,or regulating the powers of the corporation,or of its directors or stockholders,or of Wy class of stockholders: NONE **if tbcre ara no pmvWana stato"None". Note 71be praeew4g sip;(6)arttclaa are considered to&rPowa,eent and nary ANL7Ybe cbunged by. appmpeAwe Rrttates ofA"wxdfinen& ARTICLE VII The effective date of organization of the corporation shall be the date approved and filed by the Secretary of the Commonwealth. If a latter effective da€r is desired,specify such date which shall not be more than thirty&U's after the date of flung. ARTICLE VM The information contained in Article VIII is not a permanent part of the Articles of Oxgatrizution. a.The street address(post office boxes arse"Ot acceptable)of the principal office of the corporation itt Massacbusetts is: 38 Sturtevant Road, Quincy$ MA 02169 1r."Me nacre, residential address and frost office address of each director and ofCcer of the corporation is as follows: NAME RESIDENTUL ADDRESS POST 0MC8 ADDRESS President: William Dwyer 38 Sturtevant Road 38 Sturtevant Road Treasurer: Quincy, MA 02169 Quincy, MA 021.69 SAME AS ABOVE SAME AS ABOVE SAME AS ABOVE Cleric: SAME AS ABOVE SAME AS ABOVE SAME AS ABOVE F Directors: William Dwyer 38 Sturtevant Road 38 Sturtevant Road Quincy, MA 02169 Quincy, MA 02169 c.The 6scai year(i.e.,tax year)of the corporation shall end on the fast clay of the month of: DeC eraber d.The name and business address of the resident agent,ff any,of the corporation is: N/A ARTICP,E ICK Hy--laws of the corporation have been duly adopted and the president,treasurer,cleric and directors whose names are set forth almve, have been duly elected IN WITNESS WHEREOF AND UNDER THE PAINS,AND PENALTM-5 OF PE1i MY,Ilwe,whose signature(s)appear below as incorporators)and whose name(s)and business or residential addresses)are clearly typed orprinW beneath each signature do hereby associate with the intention of forming this corporation under the provisions of General Laws,Chapter 156.13 and do hereby thes Iles of Organization as incorporator(s)this-11 day of 2p 03 G3 J : Le m m Note;Lf"$xlsttnlg cmp oratfos is aahW as frrcorporatar,type to t8r exact xarres t1,e It was lworporwr4 the+tura&of the parson signhM ore beI►uijq fsa�l eorporsztt and she rP�lo b,a holds st a or r of b rju �which stub action is,alien. authority&Y r97 THE COMMONVaALTH OF MASSACWSB'I"TS ARTICLES OF ORGANUMON (General Laws,Chapter 156B) 1 hereby certify that,upon emulation of these Articles of Organ iza. tion,duly submitted to me,it appears that the provisions of the Gcneraf Laws relative to the organization of corporations have been complied with,and i herebyapprove said articles;and the filing fee inthe amount Of$.�¢'t3avf,ng been paid,said articles ate deemed to have been filed with me this g&& day of r✓ 20 0.. U_ Ci Effective date. M C) W t-.3 •'s t., VUJI"FRANCIS GALVM W tI) Secreturir of the C'ommonwealtb FMMG MMt One tenth of one percent of the total authorized capita! stock,but not less than$275.00.For the purpose of Bung,shares of stock with a parvalue less than$1,00,or no par stock,shall'he deemed to have a par value of$I.00 per share. TO BE FILLED IN BY COItpORATIOriI Cm act information; Edward DeFrancescthi, P.C. Bacon Street 1 Boston, NA 02108 517-723-6068 Telephone: 13mai1: ', A copy this filing will he available on llnc at www.mate.nia.us/we/cor once the document is filed• JOINT UNANIMOUS CONSENT RESOLUTIONS OF THE DIRECTORS AND SHAREHOLDERS OF TUSCAN MARKET, INC. The undersigned, being all of the Directors and all of the Shareholders of Tuscan Market, Inc., a Corporation duly organized in The Commonwealth of Massachusetts (the "Company"), do hereby waive alit notice of the time, place and purposes of a meeting of the Directors or Shareholders of the Company and consent, to the adoption of the following resolutions with the same force and effect as if adopted at a duly convened meeting of the Directors and Shareholders of the Company and hereby certify that they have authority to make such resolutions and take such actions, and direct that this written consent be filed with the minutes of the proceedings of the Directors and Shareholders of the Company: RESOLVED: That the Company execute all documents and take all action as deemed necessary, including pursuant to MGL c. 138, to amend or modify the Company's existing §15 Package Store Alcoholic Beverage License (for off-premises consumption of all alcoholic beverages), to allowing for the change of location and change of d.b.a. name so as to permit operation of a retail store and for the sale of all alcoholic beverages, from the Company's intended new premises;to be licensed from and located within the existing Stop & Shop Supermarket at 757 Turnpike Sheet in North Andover, Massachusetts (the "Premises") and to also operate such business under the new tradename of"A Taste of the Vineyard," and to obtain all other licenses as deemed necessary or appropriate in connection therewith to do business as and operate a convenience store and package store to be known as "A Taste of the Vineyard" at the Premises,including without limitation any necessary permits, licenses orapprovals for the sale of such other products or services as deerned appropriate to the President of the Company in his sole discretion, and to take any and all such further action as deemed necessary by the President of the Company, the taking of such action and the execution of such documents, instruments and certificates to be,conclusive evidence of authority hereunder. RESOLVED: That the Company execute all documents and take all action as deemed necessary to enter into a premises license agreement for the use of approximately 1575 SF of space within the Stop & Shop premises located at 757 Turnpike Street, North Andover, Massachusetts, and to take any and all such Further action as deemed necessary by the President of the Company, the taking of such action and the execution of such documents, instruments and certificates to be conclusive evidence of authority hereunder. RESOLVED: That the President of this Company be, and hereby is, authorized and empowered in the name of and on behalf of this Company to take all such actions and to execute all such documents, instruments, certificates and agreements as may be necessary or convenient to give effect to the above-referenced resolutions, the taking of such action and the execution of such documents, instruments and certificates to be conclusive evidence of its authority hereunder. t (00101953;vl) t Dated this/?day of August,2016 Z W' iam.M. Dwyer Being the sole Director and sole Shareholder of the Company i l (00101953;v1) ry z J Z Z. Ll x I � i B B A �� B A „SH B A 1s"SH 441 B A NEW" �” E SECURITY " NEW `I zI 7'-4" 2'-7" GATE "' V`�E � NEW � BOXOUT 7'-�4" SOLID 6" GAP FOR BOXOUT ,, , BACK PANEL REFRIGERATION. BOXOUT k r C � ., 5 ��SOLID6'-11" cq a'-1" U BACK PANEL- �% HI B 80412;�Bt��� W41 800tH BOR " kI r'' w, I 6_4�� 3'-11" 6'-3" 3'-11"' 6"- " 3'-11" 6"-�3�T % , i s It w r � l�%//%/i, iii/� /ia... % jiiii/ ir, 4_u.W y ���., ;i 2, I1SI?IAYAY T EW CLOSET� +, c G" p" NEW 2`-4"x3'—B NEW BEER & WINE couNrF 1,460 SF C���W I-WAY �M a�W 5'-rT 6' 0" 6'-d"' 6'-4" 00DJ 2'-4"" , �* OFFICE : ECONY 6'—O"x7'-6 , GRILL rj' DOOR CLOUSURE B ATE ri NEW WALLS XOUT B'-6" HIGH COUNTER BY VERMONT FIXTURE 37'-7" SECURITY GATE. CLEARANCE im 93.t'cr� HSMP a!HW SIWERIIMT DOWMY ue 3I wwow I ,� F-1 X199 nc sear t�r �aktr�rs,r u�c AA�RhTI#I�I, F,a F F tsW 05.90.13 11 55:555555ii555ii5355' iH5 5555555 555'isi55 HH558 5 i&5 p N a$ gets'n' 3 .5 555'>> 3 e p89 858 5 s 555 55555v 5 v 5 HHH H 55 `,555 5 SH5 5'S �, H HN ��?eR ? ' SSeve ne>e a-°go:A aH5 �]B a 5 5 5555555 555 HHB]] 55555 555 5 555565 56i � � � �''� ���ge" asa3 i$a si o a 3 s 4s iss g�ii L!' a$$ � �,0 a aH �g$ e 33'sm3aHi$���3$? $aas? $5$� 3 s$3$$? $�t$s? nisi 33 BB @$3El3ia $E$Siy$$i H ai e if I Aj e L sa _ Q Q ° a ¢ 1 3 51e � q a i a �� yy rOil ..... ..—........_.,nm F B _ Ik e—' TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 41845 ti ,40RTH 6 Joyce A. Bradshaw, CMMC 0 TeBephone(978)688-9501 Town Clei-k, FAX (978)688-9557 MEMORANDUM TO: Phil DeCologero, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, '"Fown Manager FROM: Suzanne M, Pelich, Asst. Town Clerk DATE: August 29, 2016 SUBJECT: Four One Day Liquor License Applications Attached please find four All Alcohol One Day Liquor License applications from S,molak Farms. Three of events are to be held at Smolak Farms under the tent and one is to be held in the Barn. The dates and times are: October 1, 2016 4pm-I Opm October 7, 2016 6pm-11 pm October 15, 2016 1.1am-fpm October 15, 2016 5pm-10prn Included are favorable recommendations from the Police Department, Fire Department and the Building Inspector, Please do not hesitate to contact me if you have any questions or concerns., Thank you. TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOM€MENDED) Organization holding event; 1�DD C- Name&,/address of Responsib[e Parte: Cl4 6 Contact Number&•e-mail a s �•� -,� �-5 Location of Event; Type of Evdnt:. n �3 Is the event being catered? Yep NO Nam"f Caterer erino, Date&Time-of Event: D _ Non Profit organization Other-Than Ni)h Profit Wine-&Malt All Als ohol Wine&Malt i ALCOHOL.MOSTBE RURCHASED BY THE LICENSEE.FROM A W13OLESAL-ER Has permission been received from the property owner to holdthis event? `� � Who Is serving the alcohol? L-!4elr�) Does-the server have liquor liability insurance? Have servers had training in alcohol service? _= I,the undersiped,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I 2 not prohibited from holding such license. I agree that the Town,of forth ndave is Ir no vray responsible Far the actions ai the applicant. ApplicCnt's Signature Date TOWN OF NORTH ANDOVER 01tiE DAY LIQUOR LICENSEAPPIJCATION (34 DAY NOTICE ST RONGLY RECOMIMENPIED) Organization holding event: I t nlAD Name&Address of Responsible Party: 3 \(P! ►ra�� __ ���-cQg�-qc�$y Contact�lum€�er&�e-mail � �.,��'� Location of Event; 7 Ir Type of Event;, 1UY1 S( 1 �� E 011011 Is theeyestt.bding catered? e< No hlarn"f caterer Date&.Trne•of Event, rn - CX: rn Non Profit Organization OtherTban Non Profit Wlne.&Malt All Alcoff wirie&:Malt ALCai-IQL.MIjl T BE RURCHASW BY THE LICENSEE PROM A WROLE5AL•tR Has permissjon been received from the property owner to hold this event? Who is serving the alcohol? A-1-e,�-2:, 'Fk Does-the server have liquor liability insurance? Have servers had training In alcohol service? 1,the undersigned,understand acid agree to the restriction and responsibilities of holding a One Day Alcohol Li se and certify that I am not prohibited from holding such license-1 agree that the Town of C ndov r is in no 4vey responsible for the actions of the applicant. /� Applicants Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LECENS£APPLICATION (30 DAY NOTICE STRONGLY RECONVAENpLD) Organization holding event, Ots Name&Address of Responsible Darty; e M t �� Contact-Number&e-mail - J'-� lrl 4 GQt �'tl r �5 Location of Event: Type of Event, 1s the event:being catered? Yes No q Namevf Caterer Date&Tlme of Event: ko � s U a ry-\ — •()() (� lion Praflt.Organizatibr, Other'?han Nbh Profit Wine-.&Malt All Alcohol Wine&:Malt E ALCOHOL-KUTBE PURCHASED 6YTHE LICENSEE FROM A WHOLESALER i Has permission been received from the property owner to hold-this event? [ i Who Is serving the alcohol? �1�Et�� � �r"j a�j--(�•��—Gf��L.� h`r.� ! Does the server have liquor liability insurance? ' I � Have servers had training In alcohol service? i 1,the undersigi,ed,understand and Spree to the restriction and responsibilities of holding a One Day i elorthAndove and certify that I am not prohibited from holdingsuch license, lagreethattheTownof is in no bray responsible forthe actions of the applicant, I Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RZC0M1rAEf toCD) Organization holding event: €lame&Address of Responsible Party: 00 U cl ► �1 Contact Number&.e-mai! �l��il�+ � S "Ta Y 10'a(o`R6&[4 Location of Event; Type of Evert;. Is the eyeht.being catered? Yes No Name of Caterer 00 Date&Time of l=ucent: ALArj16,6o � Non Profit Cirganizetion Other Than Non Profst Wlne•&Wit �Alc Wine&Malt ALCOHM MUST BE PURCHASED BY THE LICENSEE-.FROM A WHOLESALER Has permission been received from-the property ownerto hold-this event? [ Who is serving the alcohol? lil C—h�� iii q-76 Does-the server have liquor liability insurance? Have,servers had training in alcohol service? 1,the undersigned,understand and agree w the restriction and responsibilities of holding a One Day Alcoho ' nse and certify that I am not prohibited from holding such license. l agree that the Town.of 'o ' Ando er is in sto Way responsible for the-actions of the applicant. U Applicant's Signature Date 8/10/2016 Town of North Andover Mail-Re:Scan from Clerk's Office NO R SAN) lassachus� Suzanne Pelich <spelich@northandoverma,gov> Re: Scan from Clerk's Office 1 message Donald Belanger<dbelanger@northandoverma.gov> Wed, Aug 10, 2016 at 4:14 PM To: Suzanne Pelich <spelich@northandoverma.gov> The Building department has no issue's and will approve the seven all alcohol one day liquor license applications from Smolak Farms. Donald Belanger On Wed, Aug 10, 2016 at 4:00 PM, Suzanne Pelich <spelich@northandoverma.gov> wrote: Attached please find seven all alcohol one day liquor license applications from Smolak Farms. If you could please send me your recommendations. Thank you, Suzanne ---------- Forwarded message ---------- From: <spiceworks@northandoverma.gov> Date: Wed, Aug 10, 2016 at 3:58 PM Subject: Scan from Clerk's Office To: Suzanne <spelich@northandoverma.gov> This E-mail was sent from "Clerks-Ri coh-S P-521 0SR" (Aficio SP 5210SR). Scan Date: 08.10.2016 15:58:13 (-0400) Queries to: spiceworks@northandoverma.gov 1 Assistant Town Clerk 120 Main Street I North Andover,MA 01845 I Phone:(978) 688-9501 Fax:(978) 688-9557 Email spelich@northandoverma.gov I Web www.northandoverma,gov c� i https://mai l.google.com/mai l/u/01?ui=2&ik=00f5G782ad&view=pt&search=inbox&th=15676179fa0ec9Oc&si m l=15676179faOec9Oc 1I1 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 795 Chickering Road NORTH ANDOVER, MASSACHUSETTS 01845 f µUprH� O it4a nr NO Chief of Department °< ' Chief(978) 688-9593 WILLIAM MCCARTH + + > » , Business (978)688-9590 FAX(978) 688-9594 SSACHOSE� To Suzanne Pelich August 11, 2016 From: Lt Robert Bonenfant Re: Smolak Farm Liquor License The Fire Department has reviewed the request by Smolak Farm for seven one day liquor licenses. The on the following dates 914. 9116, 9124, 1011, 10,7, 10/15 from 11 to 3, and 10115 from 8 to 10. We do not have any issues with these request. Lt Robert Bonenfant Fire Prevention Officer North Andover Fire r. i'A i NORTH AND a3rtrs: Y"-�' '. ppp ER A.. .•.Community Partnership... Operations Division Lieutenant Daniel P. Lanen TO: Suzanne Pelieh FROM: Lieutenant Daniel P. Lanen RE: One Day Liquor License Requests-Smolak Farms October 1, 2016 4:00 PM—10:00 PM Tent October 15, 2016 1 l:00AM-3:00PM Tent October 15, 2016 4:00 PM--10:00 PM Tent October 7, 2016 4:00PM-11 00PM Tent DATE: August 15, 2016 Please be advised that the following requests for 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. My one concern with the applications is the October 7'end time of 11:00 PM . We have had a noise complaint(music too loud) on July 9, 2016 at 9:45PM for an event being held. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 l=ax: 978-681-1172 Job Posting/Vacancy Log August 24,2016 Date Posted Position Department Hiring Status Manager 8/24/16 School Media Stevens Memorial Kathleen Keenan Hired an individual effective 8/15/16,employee Specialist/Librarian Library resigned after one week to accept similar position in another community earning more money. Two resumes received. N/A Support Services Youth&Recreation Rick Gorman Transferred Diana Madden to position from Social Coordinator Programs Coordinator following anticipated vacancy due to former incumbent receiving Master's degree and accepting other employment. 8/11/16 Part Time Veterans Gerry Maguire Two interviews to be scheduled week of 8/29/16,13 Administrative resumes received to date. Posted on Town website,MA Assistant VFW,website,to be advertised in the 8/14/16 Eagle Tribune. 7/25/16 Early Literacy Stevens Memorial Kathleen Keenan Hired Rhonda Cunha effective 5/15/16.Received 13 Children's Librarian Library applications,3 withdrew to accept other positions. Receiving resumes. Posted on town website and, Merrimack Valley Library Consortium site,NH Librarians site and Simmons College. 7/20/16 Payroll Clerk Accounting Lyne Savage Five interviews scheduled for 8/25/16. Received 55 (Part Time) resumes to date. Reviewing resumes. Posted on town website,advertised in Sunday Eagle Tribune with 30 days on Monster.com. 6/7/16 Teen Librarian Stevens Memorial Kathleen Keenan Hired individual pending satisfactory reference checks. Library 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 Committee will recommend up to 4 candidates for Selectmen 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,Lawyers Weekly. 3/24/16 Local Inspector Building Donald Belanger Two second interviews occurring week of 8/22/16,28 applications received to date,most do not have active license. An interview is scheduled for 8/3/16. Reposted on MBIC website on 7/19/16. Met with new Inspector of Buildings,will refresh postings on town website and MA Building Commissioners and Inspectors website by 6/17/16. Will re-start process when Inspector of Buildings starts on 6/6/16.Candidate scheduled for second interview on 5/4/16 as a no call no show, reconsidering existing applicants. Interviewed one applicant for both inspector positions but applicant received promotion with current employer,second applicant is under consideration.