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Home My WebLink About2014-05-07 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 TkAAIN STREET NORTH ANDOVER, MASSACHUSETTS 181845 Tracy M Watson, Chairman Wilham F. Gordan TEL. (978) 688-9510 Rosernar-y Connelly Smedile FAX(978)688-9556 Donald E. Stewart Richard M.Vaiilancourt BOARD OF SELECTMEN&LICENSING COMMISSIONERS AMENDED-AGENDA MAY 7,2012—7:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. Executive Session Minutes as written April 23,2012 B. Open Session Minutes as written April 23,2012 IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Certificate of Appreciation—Richard Vaillancourt,Zoning Board of Appeals V. CONSENT ITEMS A. Appointments: 1. Affordable Housing Trust,Board of Trustees a. Joan Fitzgibbons 2. Sustainability Committee—Will Edwards B. Preliminary Comcast License renewal: Ascertainment Findings C. Board of Selectmen Meeting Schedule June—December 2012 D. Request to Surplus Wood Chips and Compost Material E. First Right of Refusal,Affordable Unit Resale 20 Marengo Street at Waverly Oaks F. Request from Festival Committee to use Town Common for Annual Sheep Shearing Festival,May 20,2012 from 6:00 a.m.-6:00 p.m.and to close traffic from Mass Ave.Academy Rd.and Osgood St.from 7:00 a.m.-6:00 p.m. VL LICENSING COMMISSIONERS A. Lauren Tredeau of Merrimack College requests a One Day All Alcohol License at the Rogers Center for the event"Legacy Reception on May 19,2012,from 11 am to 9 pm. B. John Gallagher of Merrimack College requests a One Day All Alcohol License under a tent located in the Campus Center Parking Lot for Senior BBQ on May 18,2012,from 4:00-9:00 p.m. C. Request from Brett Fuhrman,Chief Financial Officer,for an all alcohol one-day license from 4:00—10:00 pm for a wedding on grounds of Brooks School on June 15,2012. VII. OLD BUSINESS Preparation for Town Meeting A. Numerical Ordering of the Warrant B. Recommendations on Town Meeting Warrant Articles VIII. PUBLIC COMMENT IX. TOWN MANAGER'S REPORT A. Appointments: a. Dan Hollins—Senior Working Foreman DPW B. Facility and Review Assessments C. GIS—Operational on the Town Website D. Police Association Monument—Moving to the new Police Station X. ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES APRIL 23, 2012 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman; William F. Gordon, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Richard Vaillancourt, Ray Santilli, Assistant Town Manager; and Andrew Maylor, Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by William Gordon; to move into Executive Session to discuss: Matters involving the possible acquisition of land. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Richard Valliancourt yes, and Tracy Watson yes. Vote approved 5-0. Chairman Tracy Watson declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Rosemary Smedile to approve the Open Session Minutes of April 2, 2012, as written. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: FY11 Audit Report The Town's outside auditor Richard Sullivan from the firm of Powers and Sullivan gave the Board an overview and analysis of the town's financial activities of FY11. The overall financial picture is good with no serious internal problems; the auditors said they,have an unqualified opinion meaning an accurate report. The Management Letter was short with a:few comments and recommendations for compliance with GASB45 Other Post Employment Benefits(OPEB) and GA'BS54, Fund Balance Reporting and Government'Fund Type Definitions and building up reserves for these accounts. Mr. Sullivan commented that it was a pleasure working with the Town's financial team and thanked the Town Accountant and Treasurer for their assistance. Facilities Master Plan Committee Report Ken Buckland of the Cecil Group and members of the Facilities Master Plan Committee were present and gave the Board an update on the status of their work. The recommended plan takes several years and is in seven phases. Phase 1, is relocating the school central offices to the old police station; Phase 2, construction of a new gymnasium at the Kittredge School; Phase 3, construction of a new fire station; Phase 4, renovation of former fire station into community development offices; Phase 5, expansion of Senior Center; Phase 6, renovation of classrooms; Phase 7, improvements to public works garage. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the Facilities Master Plan as written with the option of making changes..Vote approved 5-0. Library Book Sale Announcement The Stevens Memorial Library will be having a book sale on May 4, 5, & 6. Donations may be left at the library and volunteers are needed to help with various projects. Board of Selectmen Minutes April 23, 2012 2 CONSENT ITEMS: Request to Conduct Memorial Parade and Ceremony Chief Ed Mitchell, Chairman of the Patriotic Observance & Marching Committee respectfully requests permission to conduct an appropriate Parade and Ceremonial Service in recognition of Memorial Day, May 28, 2011. William Gordon made a MOTION, second'ed''by Donald Stewart, to approve the request of the North Andover Patriotic Observance & Marching Committee to hold the annual Memorial Day Parade commencing at 10:00 a.m. on Monday, May 28,2012 on the'prescribed route. Vote approved 5-0. Request from Museum of Printing to close a section of Massachusetts Avenue on June 17, 2012 from 10:00-4:00 p.m. President Frank Romano requests the closure of Massachusetts Avenue in front of the Museum during the hours of the annual Arts Fair from 10:00 a.m. —4:00 p.m. William Gordon made a MOTION, seconded by Richard Vaillancourt, to approve the request from the Museum of Printing to close a section of Massachusetts Avenue in the vicinity of 800 Massachusetts Avenue on June 17, 2012 from 10:00 a.m. to 4:00 p.m. Vote approved 5-0. Stevens Pond Renovations and 2012 Fees Rick Gorman Director of Youth Services and Recreation Services gave the Board an overview of the Stevens Pond completed renovations and those in the works. Mr. Gorman gave two recommendations for 2012 use fees for the summer season. The only difference in fees was to raise the season car pass from $75 to$90 and increase of$15 for the season. Selectmen discussed various fees before voting. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the following fees for Stevens Pond for 2012: Season Car Pass-$75; Swimming Lessons -$50; Daily Adult Passes-$12; Season Pass Non-Profit-$150; Season Pass for Profit-$250; Additional Sticker-$20. Vote approved 5- 0. Rick Gorman announced the schedule for the Summer Concerts on the Town Common and the Children shows during the months of July and August. These events are being sponsored by donations from companies and residents. Also there will be a dancing event held in September at the Stevens Estate. Appoint Lyne Savage as Town Accountant for a term of 5 years commencing on July 1, 2012 Per the provisions of the Town Charter the appointment of the Town Accountant is the responsibility of the Board of Selectmen. Ms. Savage current five year term ends on June 30, 2012. The Town Manager strongly recommended reappointing Ms. Savage for another five year term. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint Lyne Savage as Town Accountant for the Town of North Andover for a period of five (5) years commencing on July 1, 2012. Vote approved 5-0. Vote to borrow notes and bonds for School Repair Green Project The Town Manager explained that the authorization allows the town to borrow the funds necessary for the approved Green projects at the various school buildings. William Gordon made a MOTION, seconded by Richard Vaillancourt that we hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the North Andover Middle School Roof Repair Project authorized by a vote of the Town passed on June 7, 2011 (Article 27, Line 4) as amended by vote of the Town passed November 15, 2011 (Article 1) not being paid by the school facilities grant is $863,192.05 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c 70B. Vote approved 5-0. William Gordon made a MOTION, seconded by Richard Vaillancourt that we hereby determine, in accordance with G.L. c 70B that the amount of the cost of the Atkinson Elementary School Window Replacement Project authorized by a vote of the Town passed on June 7, 1011 (Article 27, Line 12) not Board of Selectmen Minutes April 23, 2012 3 being paid by the school facilities grant is $677,921 and we hereby approve the issuance of notes and bonds in such amount under said G.L. c. 70B. Vote approved 5-0. William Gordon made a MOTION, seconded by Richard Vaillancourt that we hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the Anne L. Sargent Elementary School Roof Repair Project authorized by a vote of the Town passed on June 7, 2011 (Article 27, Line 11) not being paid by the school facilities grant is$216,260 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c. 70B. Vote approved 5-0. Bond Counsel Vote for assets being borrowed with useful lives in excess of 5 years This authorization allows the borrowing for previously approved capital projects with a useful life in excess of 5 years. William Gordon made a MOTION, seconded by Richard Vaillancourt that the maximum useful life of the departmental equipment listed below to financed with the proceeds of the borrowing authorized by the vote of the Town passed June 7, 2011 (Article 27) is hereby determined pursuant to G.L. c.44 §7(9) to be as follows: Line 10, amount$210,000 for Dump truck with Plow, Sander, Basin Cleaner with useful life of 10 years; Line 13, amount$78,000 for Sewer Truck with a useful life of 10 years. Vote approved 5-0. Acceptance of Donation to Library The Stevens Memorial Library received a donation from the local Sister in Crime (Internet Chapter) a national mystery writers' organization for$3,475.26, and from Kathy Phillips, chapter member for$1,600. William Gordon made a MOTION, seconded by Richard Vaillancourt, to accept the donations from the local Sister in Crime (Internet Chapter) a national mystery writers' organization for$3,475.26, and from Kathy Phillips, chapter member for$1,600 to the Stevens Memorial Library and to direct the Town Manager to send a letter to each donor thanking them for their generosity. Vote approved 5-0. Vote to reopen the Annual Town Meeting Warrant This vote will allow the Annual Town Meeting Warrant that was closed last meeting to be reopened for the purpose of adding additional article. William Gordon made a MOTION, seconded by Richard Vaillancourt, to reopen the 2012 Annual Town Meeting Warrant. Vote approved 5-0.. The Town Manager recommended adding the following articles to the warrant: AO. Adopt Provisions of MGL Chapter 60, Section 3D-Elderly Disabled Tax Fund; AP. Rescind MGL Chapter31, Section 47— DPW labor civil service; AQ. Amend CPA BAN Authorization; AR. Amend Zoning Bylaw— Section 16.5 Drive Through in CDD2. William Gordon made a MOTION, seconded by Rosemary Smedile, to accept the attached Annual Town Meeting Warrant Articles as of April 23, 2012 and close the Warrant. Vote approved 5-0. LICENSING COMMISSIONERS: William Gordon made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Request for One-Day Wine & Malt License from Sue Zeytoonian, Manager at Camelot Donald Stewart made a MOTION, seconded by William Gordon, acting as Licensing Commissioners, hereby grants a One Day Wine and Malt License per M.G. L.: c. 138, section 14 to Sue Zeytoonian, for use at the King Pins Car Show to be held at Camelot, 505 Sutton Street, North Andover, on May 6, 2012 from 10:00 a.m. to 7:00 p.m. Vote approved 5-0. Request for One Day Wine & Malt License from C. Alexa Abowitz Merrimack College Tracy Watson made a MOTION, seconded by Donald Stewart, acting as Licensing Commissioners, hereby grants a One Day Wine and Malt License per M.G.L. c. 138, section 14 to Kathy St. Hilaire, for use at the Women Empowering Women event to be held at Merrimack College, 315 Turnpike Street, North Andover, on April 26, 2012 from 5:00 p.m. to 9:00 p.m. Vote approved 5-0. I Board of Selectmen Minutes April 23, 2012 4 Donald Stewart made a MOTION, seconded by William Gordon, to close the meeting of the Licensing Commission. Vote approved 5-0. Public Comment Stan Limpert of 43 Stonecleave Road commended the Department of Public Works for an outstanding job removing a fallen tree on his street. The crew took care of everything before 6:30 a.m. so that school buses could access the road. , Stan Limpert asked the Board of Selectmen to consider allowing members of the School Committee to participate in meetings remotely. Selectmen were not in favor of this at this time, but would discuss it at a future meeting. TOWN MANAGER'S REPORT: Appointments Fire Chief Melnikas recently appointed two fire fighters, Christopher Long and Andres Mencia, to fill vacancies within his department. Arbor Day Tree Planting There will be a tree planting at the Youth Center in memory of a fallen soldier from North Andover Evan O'Neil scheduled for April 27, 2012 at 10:00 a.m. A member of the Board of Selectmen will read a Proclamation at the celebration. FY13 Budget Update The Town Manager gave an update on the Town's fiscal 2013 budget assumptions regarding local aid. Town Manager does not support amending the town manager's recommended budget that was approved last month by adding possible increases in local aid provided for in the House budget and has recommended to develop a long-term approach to p,rpviding sustainable service delivery that does not assume, or rely on, one time revenues or property tax overrides. He recommends building up our reserves while reducing our debt service as a percentage of,budgeted revenues, reducing our energy costs, developing strategic partnerships and addressing the high cost of employee benefits. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:40 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board I Communications And Announcements Certificate of Appreciation Presented to Richard M. Vaillancourt For over 7 % years of dedicated service to the Town of North Andover as a member of the Zoning Board of Appeals. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen May 7, 2012 - F i acy M. atson, Chairman ;d a S TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Tracy M.Watson,Chairman _ William F.Gordon • Rosemary Connelly Smedile Donald B.Stewart Richard M.Vaillancourt W&Waa, the North Andover Council on Aging was established in 1965 to identify the needs of the Town's elder population, 60 years and older, along with available resources within the community; to educate the community concerning the problems of aging and the needs of older citizens; and to design, promote and put in place services that are needed to coordinate the efforts of agencies which serve older people, and Mwaxo, the North Andover Senior Center provides service to over 5,000 elders including programs in the area of advocacy, weekly health clinics, transportation, nutritional meals, continuing education, socialization, creative arts and information and referral,• and jl `llJ&Wzm, the North Andover Senior Center is overseen by a eleven-member Council on Aging Board of Directors, managed by a Director of Elder Services with the assistance of support staff, and has over 300 dedicated volunteers; and WAff w the month of May is designated as "Older Americans Month" and the 2006 Annual Town Meeting unanimously voted to declare the second Wednesday in the month of May as "Senior Center Recognition Day"; and WAMMO, it is most fitting and proper to honor and recognize the North Andover Senior Center for 47 years of service to the elderly residents of North Andover,now 5&W/Wt4 the North Andover Board of Selectmen, do hereby proclaim, and the clerk shall duly record, Wednesday, May 9, 2012, as "Senior Center Recognition Day" Approved t ' ,711'day ofMay, 2012 'racy A , atson, Chairman 6N6rth ndover Board of Selectmen Consent Items Board of Selectmen Appointments May 7, 2012 Committee Applicant Term Affordable Housing Trust, Joan Fitzgibbons, June 30,2013 Board of Trustees 54 Dufton Court Affordable Housing Trust, Rick Nardella, June 30,2013 Board of Trustees 63 Hay Meadow Road Sustainability Committee Will Edwards, June 30, 2015 (Commercial Subcommittee) 60 Windsor Lane March 14, 2012 Andrew W. Maylor Town Manager Town of North Andover 120 Main St. North Andover, MA 01845 Dear Mr. Maylor: I am writing to you to express my interest in joining the Town of North Andover's Sustainability Committee. I am a 20-year resident of North Andover and a former Lucent Technologies Senior Manufacturing Engineer. I have a diverse manufacturing engineering background which included developing technology roadmaps and managing suppliers to make sure they had implemented best manufacturing practices and were in alignment with corporate technology, cost, quality and environmental requirements. Since retiring from Lucent, I have been managing the photo labs in the Art Dept. at Phillips Academy (PA) in Andover, MA. During my tenure at PA, I have implemented numerous sustainability projects to reduce the Art Department's carbon footprint by taking steps to reduce our energy consumption,water consumption and hazardous waste disposal. My efforts have been recognized by PA's Sustainability Committee. I am currently seeking Leadership in Energy and Environmental Design (LEED) and Certified Sustainability Manager(CSM) certifications and would appreciate the opportunity to work with the Town's Sustainability Committee to help educate the Town's businesses and citizens in understanding key sustainability principles, regulatory proposals/requirements, best practices to determine and measure environmental impacts,the need for conducting a carbon footprint assessment(life cycle analysis and energy efficiency) and ways to go carbon neutral. I look forward to the opportunity to work with the sustainability committee in making North Andover a "greener"town. gSincerely, Will Edwards 90 Windsor lane North Andover, MA 01845 II TOWN OF NORTH ANDOVER T OFFICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 OFFICE OF T01WN MANAGER CsNO oT cA Telephone(978)688-9510 FAX(978)688-9556 Y X. a/4Teo^��(y �SSacHUS�� APPLICATION FOR TOWN BOARDSNOLUNTEER POSITIONS When completed, print the form and send to the Town Manager' s office. Name: Will Edwards Date: March 14, 2012 Address: 90 Windsor Lane, North Andover, MA 01845 Telephone: 978-975-2278 (Home) (Business) 978-697-4219 (Cell) E Mail Address: edwards3 @comcast.net Fax: Present Business Affiliation and Work: Photo Lab Manager, Phillips Academy,Andover, MA Education or Special Training: Bachelor of Science Mechanical Engineering, Graduate Studies Systems (Life Cycle) Engineering Town Offices Held(in North Andover or elsewhere): Position Date Appointed Term Expired Remarks:See Attached Letter of Interest to join the Sustainability Committee Board of Assessors Board of Health Audit Committee Historical Commission Cable TV Committee MV Planning Commission Rep. Cable TV Access,Board of Directors Neighborhood Cons.District Comm. Community Preservation Committee Old Center Historic District Comm. Conservation Commission Planning Board Council on Aging Poet Laureate Committee Cultural Council Registrar of Voters,Board of Disability Issues,Commission on Stevens Estate,Board of Trustees Emergency Management Agency ✓ Sustainability Committee Festival Committee Youth&Recreation Council Finance Committee Zoning Board of Appeals Greater Lawrence Sanitary District Rep. Special Committee Johnson, Adele From: Maylor, Andrew Sent: Monday, April 23, 2012 9:48 AM To: Johnson, Adele Subject: FW: AHT Trustees Place this on the next agenda Regards, Andrew W. Maylor Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email amaylor(@townofnorthandover.com Web www.TownofNorthAndover.com -----Original Message----- From: Tracy Watson rmailto:tmwatson(@woodridgehomes.org Sent: Monday, April 23, 2012 9:33 AM To: George Koehler Cc: Maylor, Andrew Subject: RE: AHT Trustees No it means we forgot to add it. . . . I`'don't think I can at this point either -- totally forgot about this! ! ! I' ce'd Andrew though to see if we can do anything or if it needs to go on next agenda. . . Thanks, Tracy Tracy M. Watson, Senior Property Manager BARKAN MANAGEMENT COMPANY, INC. Wood Ridge Homes, Inc. 10 Wood Ridge Drive North Andover, MA 01845 -- 978.682.7093 telephone 978.687.6616 fax tmwatson(@woodridgehomes.org www.barkanco.com -----Original Message----- From: George Koehler fmailto:Reo.koehler4l(@gmail.com1 Sent: Monday, April 23, 2012 9:30 AM To: Tracy Watson Subject: AHT Trustees 1 Tracy, I see that the Selectmen's agenda for tonight does not include confirming Joan and Rick as trustees for the Affordable Housing Trust. See you tonight, george Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. z Robertson, Karen From: George Koehler[geo.koehler41 @gmail.com] Sent: Monday, April 30, 2012 1:12 PM To: Robertson, Karen Subject: Re: Appointments Karen, The trustees to be considered are Joan Fitzgibbons and Rick Nardella. And yes, this will bring us to 7, which is the maximum number the by-laws allow. It seems like a good idea to have more than 5, the minimum number allowed by the by-laws. george On Mon, Apr 30, 2012 at 1:03 PM, Robertson, Karen <kroberts a,townofnorthandover.com> wrote: The next Selectmen's agenda will include appointments to the Affordable Housing Trust. Please let me know the names of the members to be appointed. Will this now be a 7 member committee? Current Members: George Koehler, 41 Quail Run, Housing Partnership Comm., Chairman -term to June 30, 2012 Tracy Watson, Selectman, term to June 30, 2012 Robert Bernardin, 1407 Great Pond Road - term to June 30, 2012 Andrew Maylor, Town Manager, term to June 30, 2013 Roger Larson, 16 Dufton Court, term to June 30, 2013 Karen A. Robertson Administrative Assistant Town Manager's Office I Town of North Andover 120 Main Street 1 To: George Dague, Chairman, Cable Committee; Mat Killen, Cable Committee & IT; Andrew Maylor, Town Manager; Board of Selectmen From: Bill August, Esq., Cable Counsel Date: May 3, 2012 RE: Ascertainment Findings Regarding the cable license renewal ascertainment findings adopted by the Cable Committee and recommended for Board of Selectmen adoption, I just want to note a few key points about why it is so important helpful, and relatively risk-free, for the Board of Selectmen to adopt such findings at this time. This also gives some background on the role of ascertainment findings in the renewal process. Preliminary and Non-Binding Ascertainment Findings are not binding. These Findings declare a preliminary, non-binding negotiating position. The ultimate cable contract may be quite different than what is in the Findings. The Board of Selectmen has no obligation to include any terms or conditions from the Findings in the ultimate contract. Adopting of the findings merely states preliminary negotiation positions so we can get into informal negotiations with Comcast and get the ball rolling. It gives the Committee credibility in negotiations, as it shows the Selectmen are in the loop, at least with respect to the making of findings. Ascertainment Findings The "Ascertainment Findings" document describes the Town's needs and interests for Comcast contract renewal. It serves as a preliminary starting point for negotiations. It includes • Description and justification of the town's needs • An operating budget projections • Capital/equipment projections • Incorporation of the transcript from the public hearing; and public hearing exhibits Findings of Needs Helps Negotiations The Cable Act provides for negotiations based,on needs. Ascertainment Findings help the Town in renewal negotiations by showing Comcast that that the'Town has made findings of need. This gives the Town credibility and creates leverage for the negotiations. Selectmen Adoption of Findings It is recommended that the Board of Selectmen, as the Issuing Authority, adopt and sign these Preliminary Findings. Committees Adopted Unanimously The Cable Advisory Committee, working with NCAM, collaborated to identify and document the town's needs. Bill August as cable counsel drafted the findings and incorporated edits from all the participants. The Committee formally voted to recommend that the Board of Selectmen adopt the Findings. r- Authorization for RFP The Ascertainment Findings includes authorization for the Committee to start preparing a Request for Proposal that could be issued to Comcast. This would show Comcast that the Town is prepared to go into the formal licensing process (ratcheting up, only if necessary, from informal negotiations). Next Steps The Cable Committee and Attorney August will begin negotiating with Comcast as soon as ascertainment findings are adopted.The current contract expires in approximately 19 months, and negotiation and drafting of a lengthy, long-term cable contract takes about that much time. The Committee is merely advisory to the Selectmen and no final actions are taken with Selectmen (license Issuing Authority approval). i I TOWN OF NORTH ANDOVER,MASSACHUSETTS OFFICE OF Information Technology 120 MAIN STREET,01845. f NORTH qw. O t1LED 1616-r O r° f O O K V CH Matthew Killen, Telephone(978)794-1504 Director mkillen @townofnorthandover.com Memorandum To: Andrew Maylor From: Matthew Killen Date: April 20, 2012 re: Preliminary Comcast license renewal: ascertainment findings I am happy to report that the Cable Television Committee has completed a significant step in the license renewal process for Comcast: the attached ascertainment findings report. This report addresses in detail the: • license renewal public hearing held September 14, 2011; • significant capital needs of the Public, Education and Governmental (PEG) entities; • substantially increased operating needs of North Andover Cable Access Media (NACAM); and incorporates the feedback, hard work'and unique expertise of: ✓ municipal department heads, ✓ school principals, ✓ senior administration, ✓ the NACAM Board of Directors, ✓ Cable Television Committee members, and special counsel,Attorney Bill August, whose patience, diligence and knowledge have been of immense value throughout this process. On behalf of the Cable Television Committee I ask that the Board of Selectman review and vote to accept the report as written, and vote to authorize next steps as recommended below T The Selectmen, as Franchising Authority,hereby authorize and direct the Cable Advisory Committee to prepare a formal Request for Proposal to issue to Comcast as may be neededs consistent with a `dual track' pursuit of both informal and formal renewal proceedings. el Prior to that, I would be happy to answer any questions you might have. COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER CABLE TELEVISION PRELIMINARY COMCAST LICENSE RENEWAL ASCERTAINMENT FINDINGS April 19, 2012 i Id' The Board of Selectmen of the Town of North Andover, Massachusetts, as cable television Franchising Authority(hereinafter "Board of Selectmen" or"Franchising Authority"), makes the following ascertainment findings in connection with the determination of the Town of North Andover's franchise renewal needs and interests. These findings follow extensive ascertainment proceedings by the Town, including the holding of a well-attended public ascertainment hearing on September 14, 2011, at which North Andover residents and community leaders provided detailed, extensive and strong testimony about the importance of public, educational and governmental ("PEG") access needs in North Andover and important community, municipal and School Department cable-related needs. The Board of Selectmen, as cable Franchising Authority, finds that there has been particularly strong public hearing testimony and other evidence demonstrating the severe physical space limitations at the current PEG access studio,' located at North Andover High School, and finds that North Andover has,a strong need for significant renewal license capital and/or other funds to enable acquisition and build-out (or long-term leasing and build-out) of a new, larger and adequate studio to serve and meet the needs of North Andover. Funding for a new studio space and facilities is therefore a paramount cable renewal need of the Town.2 The 83 page Transcript of the September 14, 2011 Public Ascertainment Hearing provides compelling and substantial evidence of the foregoing and of North Andover's 1 See Public Hearing Transcript at 25-27,52,detailing how post-production edit suites are in and interfere with studio operations,due to lack of space at the studio;two of three employees lack office space. No common area or lobby is available for community gathering. No space is available for storage or private records. Of the mere 1,400 SF available;a full 400 SF is for bathroom hallways and small foyer, leaving only approximately 1,000 SF for all operations. 2 Funding for an adequate studio space would also include ongoing carrying costs,e.g.,maintenance, utilities,mortgage or lease costs,and related costs as further detailed in ascertainment budgets developed by the Town. 1 other cable system needs, as discussed herein, and is attached hereto and incorporated herein as Ascertainment Exhibit A(the Transcript)., There was also significant testimony about school department, municipal (including police), public access, Institutional Network(I-Net) capital and operating budget needs as detailed in the Ascertainment Exhibits entered into the ascertainment record at the September 14, 2011 Public Ascertainment Hearing, attached to the Transcript(Ascertainment Exhibit A), attached hereto and incorporated herein, and the Selectmen find compelling evidence of the need for additional capital and operating funds to meet these needs. The numerous ascertainment exhibits entered during the hearing and attached to the hearing Transcript (Exhibit A) pertain to renewal budget and related needs, and include the following: 1. Information Technology Department, Town of North Andover, July 20, 2011 Memorandum on Ascertainment Findings (Public Hearing, Transcript Exhibit 1) 2. North Andover Youth &Recreation Services, September 14, 2011 letter regarding equipment needs and support for PEG access (Public Hearing, Transcript Exhibit 2) 3. Chief of Police, Paul Gallagher,North Andover Police Department, September 14, 2011 letter regarding need for PEG access for emergency programming and emergency management (Public Hearing, Transcript Exhibit 3) 4. Information Technology Department, Town of North Andover, August 24, 2011, Memorandum on Ascertainment Findings, Schools (Public Hearing, Transcript Exhibit 4) 5. North Andover CAM Capital Requirements (Public Hearing, Transcript Exhibit 5) 6. Senator Steven A. Baddour, September 13, 2011 Letter identifying North Andover CAM needs and support of North Andover (Public Hearing, Transcript Exhibit 6) 7. North Andover CAM Recent Growth Report(Public Hearing, Transcript Exhibit 7) 8. Cable Committee I-Net Memo (identifying I-Net issues and needs, including pass-through questions) (Public Hearing, Transcript Exhibit 8) 2 Speakers providing ascertainment testimony and/or entering ascertainment records into the September 14, 2011 Public Hearing record included: Matt Killen, Director, Information,Technology Department, Town of North Andover; Joan McQuade, Principal, Middle School; Paul Myette, English Department,North Andover High School; Barbara Champigny, Senior Center; Brian Fraser, North Andover Community Access and Media, Inc.; Stan Limpert,North Andover School Committee; Ramsey Bahrawy,North Andover Finance Committee; former North Andover CAM Board of Directors, Producer Tom Ippolito, Cable Advisory Committee; Alexander Gamble, High School student; Marty Larson, resident; Gayle Heney resident and First Amendment advocate; Lester Rugg, Senior Center volunteer; Ronn Faigen, Cable Advisory Committee; George Dague, Chairman, Cable Advisory Committee i Based on the extensive ascertainment record outlined above, and based on the Town's other ascertainment inquiries and supplemental information-gathering and additional ascertainment documentation of need, all of which have been considered by the Board of Selectmen,the Board adopts the Ascertainment Findings herein. As emphasized above, the Board of Selectmen, as Franchising Authority, finds that there is a particularly strong need for adequate funds for carrying costs and for acquiring and building out(or for long-term leasing and building out) an adequate, larger studio space for public, educational and governmental access community programming (including funds for regular carrying and operating costs of such a larger facility as well i I� 3 as capital funds for acquisition);3 and for important current and future facilities and equipment, including new LED green lighting; high definition equipment for studio operations and replacement and upgrading of equipment;4 production, editing, municipal meeting room coverage, remote-origination, school video productions and Institutional Network facilities as detailed in the Cable Committee's recommended capital budgets, as set forth or discussed in Hearing Exhibits 1, 4, 5 and 7, attached hereto and incorporated herein. New meeting room equipment is specifically needed at the Selectmen's meeting room, a school committee room and for a Police Department stations. In terms of the Town's future cable-related needs and interests, the Board of Selectmen has reviewed the Cable Committee's proposed public access, municipal and school capital and operating cable budgets, cited above, and has been briefed on same in considerable detail, and the Board finds that said budgets, and the detail and itemization therein set forth Town PEG access capital and operating needs that must be met in a renewal franchise with Comcast. Relative to the foregoing,the Board finds that the Cable Committee has provided a particularly detailed and professional itemization of the studio, facility, equipment and operating budgets to meet North Andover cable needs. The Board of Selectmen finds that there is particularly strong need for increasing the operating budget for public, educational and government (PEG) access funds for local PEG access programming, staff and related needs; and finds that there is a strong need for such PEG access operating budget funding in a renewal franchise as reflected in the Cable Committee's recommended operating budget in "North Andover CAM Operating Budget Projections," Exhibit B of these Ascertainment Findings (attached). Further, with respect to the operating budget, the Board notes that additional funding is particularly necessary for, among other things, carrying 1costs of the urgently needed larger studio space; hiring additional staff, providing customary benefits to existing staff, municipal meeting coverage stipends, facility and equipment maintenance needs and training. The Board of Selectmen also finds that the foregoing operating budget is necessary in light of the Town's need for increased development of school educational programs designed to s See fn. 1 above. 4 See Public Hearing Transcript at 28—29 and itemization of equipment needs at Transcript Exhibit 5,and further discussion of capital needs in Transcript Exhibits 1,4 and 7. 5 See Public Hearing Transcript Exhibit 3. 4 generate community programming, and expanded school and municipal meeting coverage. As detailed in said Exhibit B, the Town therefore needs to increase current annual franchise fee payments from current levels of approximately $290,000.00 per year to approximately $440,000 per year to nieet'Towri'needs,with Comcast's contribution proportional to its share of the universe of the town's total subscriber base. The Town is amenable to discussion of phasing in these increases, over time, consistent with meeting Town needs. The steady growth in demand for governmental and school access uses, in addition to community uses, has particularly heightened the need for adequately equipped and funded PEG programs and facilities. Likewise, Comcast's previously stated preference for Town or Access management of studio and access channels, necessitates adequate support for studio facilities as the Town simply lacks the overhead and cable television technical resources available to a cable operator. In addition, adequate funds will be necessary for replacement of equipment for a multi-year (ten year) license. The Board of Selectmen finds it particularly important to enable expanded community public access and school studio operations; significantly upgrade municipal meeting coverage equipment, and develop municipal, educational and community programs, training and technical development. Further to the need for expanded PEG access programming and facilities in North Andover and the benefits of such PEG access, we note that the Town has received significant testimonial Letters of Support, and ascertainment testimony, strongly praising and supporting the successful efforts of North Andover Community Access and Media. Several of these letters of support were made a part of the Town's cable license renewal ascertainment record and are attached to the Public Hearing Transcript (Exhibit A). The Board of Selectmen, as Franchising Authority, finds that the Town needs and will continue to need three (3) access channels for the Town's cable-related needs, including long-term expansion of governmental and educational access programming. The Board of Selectmen finds that Franchisee needs to provide and maintain upstream and downstream paths from the new studio and other locations, as needed for remote originations. Cable system signal quality problems are also found to be a priority concern in 5 North Andover, requiring Comcast's responsiveness as needed for satisfactory customer service and to meet public, municipal and educational access needs of the Town. As detailed in Ascertainment Exhibit C, Comcast Signal Quality Problems, April 4, 2012 Letter of North Andover Community Access and Media, Inc., North Andover has poor signal quality on the access channels, including poor audio and `a `squealing noise' most noticeable on Channel 22. Also there is poor or grainy video during the live municipal meetings cablecast from Town Hall on all the access channels carrying Town Hall meeting coverage. During these live municipal meetings from Town Hall, the audio is reportedly over-modulated (resulting in garbled audio). Service visits have so far only temporarily remedied this situation, with the problems recurring. In addition, Ascertainment Exhibit C reports that Comcast has had communications and/or service problems with respect to responding properly to complaints about signal quality. The Town has been advised that after a service ticket is initiated, the communication from Comcast has been unsatisfactory. The service techs reportedly show up unannounced, and have not left any paper work that documents the nature of the problem or what they worked on. The service technicians sometimes report working on these matters off site, however, the experience of North Andover CAM is that the service technicians have not adequately communicated with complainants about the details of the problems and the remedies that can be taken. Exhibit C provides specific service/complaint ticket identification data. Other issues with the channels are a ghosting or an echo of the signal on 22 as well as the audio squeal. See Exhibit C, attached. Comcast's adequately responding to and meeting of Town needs to remediate signal quality and related f i customer service problems is a priority:deed of the Town. The Town finds such remediation requires Comcast information-sharing with the Town regarding known signal quality problems, the causes of such signal quality problems and possible remediation plans, including evaluation of the extent to which the problems are arising from, among other things, aging system drops, internal wiring or other systemic problems. i The Board of Selectmen finds that in light of the dramatically increased networking needs of the Town, the need for and benefit of the I-Net is greater than ever. Municipal officials report that North Andover continues to need Comcast capital funds 6 I I for the Town's I-Net for critical Town data networking functions and that the Town would suffer major communications problems if the current I-Net did not receive additional capital for necessary I-Net improvements': Necessary I-Net related needs include: maintenance of existing fiber optic network, related data communications equipment, and facilities to ensure continued, smooth operation of service including video origination from any room, in any of nearly 20 buildings. The Town is also dependent on Comcast's I-Net for video origination purposes, and finds that upgrading of the existing I-Net and continued maintenance of the existing I-Net is necessary for upstream carriage of PEG access video originations. North Andover Cable TV and the Town make daily and extensive usage of the Comcast I-Net for upstream video originations, and seek to expand video origination capabilities. Accordingly,the Board of Selectmen finds that Licensee must at least continue the level of I-Net support required under the prior License, and provide capital funding to the Town for I-Net technical development and programs needed by the Town to garner the benefits of the existing Town and Comcast I-Nets. Such capital funding needs are further specified in Public Hearing Transcript Exhibit 5. Further, the Board of Selectmen finds that Franchisee should work with the Town to augment existing I-Net capabilities to provide additional bandwidth, high speed transmission and new services to the extent technically and economically feasible. With respect to I-Net, the Franchising Authority finds that Comcast needs to provide the Town with further information about the pass-through of I-Net maintenance costs to consumers. For example, the Franchising Authority has been advised that Comcast's rate filings in 2011 reported pass-through to customers of approximately $16,628 for annual I-Net maintenance. Comcast's 2012 rate filing(Form 1240) shows $15,961 for annual I-Net maintenance, based on maintenance fees of $1,064.06 per I-Net mile, for 15 North Andover I-Net miles. Comcast's I-Net has not been used for data, and is now a video only I-Net. We are also advised that the Massachusetts Cable Television Division settlement agreement between Comcast's predecessor and the state agency provided for no pass-through for certain I-Nets used for PEG access video origination only. See generally Division Acceptance of Franchise Related Costs Settlement Agreement Submitted by the Parties, Section III, Docket No. Y-96, providing that the 7 cable licensee "...will pass through only the incremental maintenance costs generally resulting from high speed data transmission [examples omitted]." Accordingly, the Town finds that Comcast should, to be responsive to Town ascertainment and renewal process needs, eliminate I-Net pass-through costs, and provide a refund for over-collection as may be applicable, and provide a full explanation of same. These matters were addressed at the September 14, 2011 public hearing. See Public Hearing Transcript at 60 and Public Hearing Transcript Exhibit 8, incorporated herein. Further with respect to ratesetting and consumer issues,North Andover recognizes that ratesetting matters are commonly addressed through the Department of Telecommunications and Cable (DTC) ratesetting process. However, as part of the renewal process, the Town has an interest in determining Comcast's compliance with applicable regulations, and therefore ratesetting compliance is an appropriate area for ascertainment review. Accordingly,the Town finds that Comcast needs to explain how its pass-through of I-Net maintenance costs (outlined above) is appropriate in light of state precedent removing pass-through for I-Nets not used for data transmission. With respect to customer service, the Board of Selectmen finds that during the current license term there were customer service problems, including reports about customers not being able to get through to customer service and customer problems getting follow-up by customer service representatives. Complaints concerning customer service problems continue to warrant license terms and conditions providing comprehensive consumer protection: The Board of Selectmen finds therefore that in terms of future cable-related needs and:interests,a renewal franchise, if any, must include comprehensive customer service, consumer protection and license enforcement terms and conditions, and continuation of the existing customer service office serving North Andover. i The Board of Selectmen finds it necessary for a renewal Franchise to provide for at least the senior discount and other discounts provided for during the existing license, and requests further negotiation relative to Comcast's policy on discounts. The Town finds that to respond reasonably to community needs, Franchisee must make reasonable renewal Franchise commitments with respect to the foregoing, and with respect to customary franchising issues including but not limited to customer service 8 standards; performance bond and/or letter of credit and license enforcement; and that Franchisee must generally provide North Andover a renewal franchise that comprehensively responds to community needs, including terms and conditions not less than provided in the current North Andover license and not less than provided to other comparable communities in recent renewals. The Board of Selectmen recognizes that cable licenses generally do not include Internet service provisions, however, the Selectmen do request that Comcast provide Internet Access to Schools, Municipal buildings and NA-CAM to the extent it can do so consistent with its own ability to provide same outside of the licensing process, and at no charge to the Town. The Board of Selectmen specifically finds, based on ascertainment process deliberations and records,that there is compelling need for the foregoing and directs the Cable Advisory Committee and Town Manager to enter additional ascertainment information, including but not limited to operating and budget materials, into the North Andover franchise renewal ascertainment record as needed. The Board of Selectmen, as Issuing Authority reserves the right to make additional ascertainment findings relative to cable renewal needs of the Town of North Andover. Authorization of Preparation of Formal Request for Proposal Although the Franchising Authority is hopeful that the Town and Comcast will resolve negotiations issues through informal renewal negotiations, the Franchising Authority recognizes that recourse to the formal renewal process, including issuance to Comcast of a formal Request for Proposal may be needed to reserve the Town's rights under the federal Cable Act formal renewal procedures. Accordingly, the Selectmen as Franchising Authority hereby authorize and direct the Cable Advisory Committee to prepare a formal Request for Proposal to issue to Comcast as may be needed consistent with a `dual track' pursuit of both informal and formal renewal proceedings. J .9 Johnson, Adele From: Johnson, Adele Sent: Monday, April 23, 2012 10:54 AM To: Donald Stewart; Richard Vaillancourt(rvaillancourt @townofnorthandover.com); Rosemary Smedile ; Tracy Watson ; Tracy Watson ; William Gordon (wgordon @townofnorthandover.com) Cc: Maylor, Andrew Subject: BOS tentative meeting schedule for June-December 2012 Good Morning, The Board will be scheduling their meetings for the next 6 months at a future meeting, but we thought we would give you a chance to review the Town Manager's recommended dates. July 16, August 20, September 10, & 24, October 15 & 29, November 5 & 19, December 3 & 17. Please let me know if this meeting schedule works for you all and this will be voted on at an upcoming meeting. As always the Chair will have the option of calling additional meetings if needed. Thanks, Adele J.Johnson Adminstrative Secretary Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email aiohnson @townofnorthandover.com Web www,TownofNorthAndover.com I 1 JANUARY IMPORTANT DATES S T JANUARY JULY T F S 1 New Year's 1 2 3 4 5 6 7 16 Martin Luther King,Jr.Day(US) S T T...- - S e 23 Lunar New Year 1 2 3 1 5 6 7 I , 8 . 10 11 12 13 14 FEBRUARY 15 1 17 18 19 20 21 5 Anniversary of the Constitution(M) 8 10 11 12 13 14 f 12 Lincoln's Birthday(US) 15C'f 17 18 19 20 21 � 22 24 25 26 27 28 14 valentine's Day 29 30 31 20 Presidents'Day(US) 22 23 24 25 26 27 28 22 Washington's Birthday(US) 29 30 31 22 Ash Wednesday 24 Flag Day(M) FEBRUARY 27 Eastern Orthodox Lent begins MARCH 11 Daylight Saving Time begins AUGUST S T T F S 17 St.Patrick's Day 1 2 3 20 Spring begins S M T W T F S 4 21 Benito Juarez'Birthday(M) 5 C6,/ 7 8 9 10 11 APRIL 1 2 3 4 _ �1,2 13 14 15 16 17 18 6 Good Frriidayy 5 - 6 7 8 9 10 11 " 19 21 22 23 24 25 7 Passover* 12 13' 14 15 16 17 18 26 27'928 29 8 Easter 1921 22 23 24 25 9 Easter Monday(C) 26 27 28 29 30 31 15 Eastern Orthodox Easter 19 Holocaust Remembrance Day 22 Earth Day MARCH 25 Administrative Professionals Day(C,US) 1 SEPTEMBER S TW T F S 1 Labor Day(M) F r 5 Battle of Puebla(M) S M T e� 1 2 3 10 Mother's Day(M) 13 Mother's Day(C US) 14 5. 6 7 8 9 10 19 Armed Forces Day(us) 13 14 15 16 17 21 Victoria Day(C) 2 3 4 5 I� 7 g r 8 18 19 20 21 22 23 24 DUNE Memorial Day,Observed(US) 9 10 71 12 13 14 15 t �2i27 28 29 30 31 9 Day(US) 16 18 19 20 21 22 ' 14 Flag 17 Father's Day 23 2� ' 5 26 27 28 29 20 Summer begins 30 24 St.Jean Baptiste(Quebec) APRIL J1 Canada Day OCT S T W T F 4 Independence Day(US) OVER S 20 First of Ramadan 3 4 5 6 7 AUGUST S M T,,. ._ T E 8 10 11 12 13 14 1 s Civic d Fitdray(C) 1 `2 3 4 5 6 SEPTEMBER 17 18 19 20 21 S3 Labor Day(c us) 14 616 17 j 1 12 13 22 24 25 26 8 19 20 27 28 11 Patriot Day(US) 29 30 15 Declaration of Independence(M) 21 22 23 24 25 26 277 � 16 Independence Day(M) 28 030 31 17 Rosh Hashanah' 22 Autumn begins 26 Yom MAY OCTOBER ippur t S T 8 Columbus Day,Observed(US) NOVEMBER — � �.�a T F S 8 Thanksgiving(C) wN 1 2 3 4 5 12 Day of the Race(M) S T W,.A T F 6 .' 16 National Boss Day(US) 1 2 3 =1 8 9 10 11 12 2s United al Adhans Day 4 6 7 _ 13 14 15 16 17 18 19 31 Halloween 8 9 10 rr. 20 22 23 24 25 26 NOVEMBER C18 g' 1 2��T1 � �� 27' 2$ 29 30 31 1 All Saints Day(M) f2_2 23) 24 Y_... 2 Day of the Dead(M) 25 26 27 28 29 30 ' � t 4 Daylight Saving Time ends ( 6 Election Day(US) 11 veterans Day(US) JUNE 11 Remembrance Day(C) S 15 First of Muharram DECEMBER T F S 20 Revolution Anniversary(M) 22 Thanksgiving(US) S T T F S 1 2 24 A.shura 3�. 6 7 8 9 DECEMBER 1 1 , 10 11 12,E 13 14 15 16 s Pearl Remembrance Day(us) 2 4 5 6 7 8 4 17 809 20 21 22 23 12 virgin of Guadalupe(M) 9 10 11 12 13 14 15 l 21 Winter begins 1.__22-,— 24 26 Z6 27 28 29 30 25 Christmas 16 18 19 20 2 26 Boxing Day(C) 23 LT-2Q-2627 28 29 26 Kwanzaa begins 30 31 All Jewish holidays begin at sundown the day before they are listed here. INTEROFFICE MEMORANDUM DATE: May 1 2012 TO: Ray Santilli,Assistant Town Manager FROM: Bruce Thilbodeau,Director of DPW Ir RE: Request to Surplus Wood Chips and Compost material I am requesting that the Board of Selectmen surplus the following items that exist at Cyr Recycling Center: L) 20,000 cu. yd, of wood chips. 2.) 10,000 cu.yd. of composted material We have an over abundance of wood chips that have been generated from trees and brush collected over the past two years. The compost material is from the leaf pick up program over the past few years. If this request is granted there will still be plenty of wood chips and compost available for residents or for Town departments' needs. Once these are declared surplus we will work with you to solicit prices to sell the chips and compost. J V� LED COMMUNITY DEVELOPMENT DIVISION Building (onservation Health Planning Zoning MEMORANDUM TO: Andrew W. Maylor,Town Manager FROM: Curt Bellavance, Director RE: Affordable Unit Resale DATE: May 2, 2012 CHAPA (Citizens' Housing and Planning Association), has notified the Town that the following affordable units are up for sale. CHAPA manages the resale of affordable units for Waverly Oaks. 20 Marengo Street at Waverly Oaks' The Board of Selectmen has to determine if they want to exercise their right of first refusal. Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing unit. If the Town chooses to exercise its right, then it would be the responsibility of the Town to purchase the property or locate an individual to purchase the property. CHAPA, which is the monitoring agent for the Town and several other communities, has better resources to preserve the unit as affordable and has recently hired new staff to manage the marketing of the units. The timeframe is 120 days to find an applicant that meets the affordable criteria. Because the Town has been handling several affordable unit resale's during the past twelve months, our office has been working more closely with the Housing Partnership Committee and North Andover Housing Trust to ensure that the units stay affordable. The deadline to act is June 2. If the Board does not act the right of first refusal is deemed authorized. It is recommended that the Board of Selectmen not exercise their right of first refusal. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.lownofnorthandover.com TOWN OF NORTH ANDOVER FESTIVAL COMMIT i 20 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ti ORTH st May 1, 2012 The Honorable Board of Selectmen Tracy M. Watson, Chairperson Town Building 120 Main Street North Andover,Mass. 01845 The Honorable Tracy M. Watson and the Board of Selectmen: On behalf of the North Andover Festival Committee, I respectfully request the use of the North Andover Common for the Annual Sheep Shearing Festival. The one day event will be held on Sunday, May 20, 2012. We are requesting the use of the common from 6:00 A.M. until 6:00 P.M. The event will be open to the general public from 10:00 A.M. until 4:00 P.M. The Festival Committee also requests that Massachusetts Ave. and Academy Rd, be temporarily closed to thru traffic from Osgood St. to Academy Rd. on May 20,2011, for the hours of 7:00 A.M. until 6:00 P.M. To keep the event ADA compliant, we are also requesting that one of the Osgood St. parallel parking areas on the perimeter on the common be designated as a "Handicap Parking Only" parking area for the one day event, thus allowing the police department to enforce the restriction. Respectfully submitted, Jeffrey J. Coco Co chairperson North Andover Festival Committee Application for the Use of the North Andover Town Common Please read the attached"Regulations for the Use of the North Andover Town Common"before completing this application. Section 1: General Information M N e of North Andover group or individual applying for use of the Town Common: Note: The applicant, if an individual must be a resident of North(Andover or, if anon-profit organization must have its principal place of business located in North Andover. No h Andover ddres of Group or Individual: 04Z_ L�r7-cn Name of Contact Person: Phone Number of Contact Persok'S Email Address of Contact Person: AD Lon o Date(s)that Town Common use is requested: ? o /, fM Note: Use is limited to one day only with allowances for set up and removal one half day prior to the use and one half day after use,unless it is considered a holiday display pursuant to Section 9(b)of the Town Common Use regulations. Holiday displays may be allowed from the Thanksgiving Day until the following January 7 th A) Is the purpose of the use of the Town Common to for the public display of art, banners,signs and symbols? —_Joe- Yes No B) Is the purpose of the use of the Town Common to conduct an event where more than twenty people may assemble and/or participate? Yes No If the answer to Question A is yes, please complete Section 2, if the answer to Question 8 is yes,please complete Section 3. If the Answer to Questions A& 8 are both yes,p lease complete both Section 2 and Section 3. Section 2: Use of the Town Common for the Purpose of Displayl Please describe what you will be displaying including a detailed description and dimensions: Please provide a sketch or picture of what you will be displaying. Will you need access to electricity for your display? If yes, for what purpose Please indicate on the attached map approximately where on th Town Common the display will be erected. Section 3: Use of the Town Common for the Purpose of Conducting an Event Please describe the nature and purpose gf the event- The event will begin at !'l Vim./p.m. and end at ,`j sd, a.m. In total, how many individuals do you anticipate attending the event? s; At any one time during the event, what is the maximum number of people expected to be on the common? 0. C C74) a Please indicate on the attached map approximately where on the Town Common the event will take place. Who will be the person or persons representing the applicant who will be present throughout the event? If these persons will be taking shifts, please provide the time of their shifts: J(: C p r � d Will you be erecting any temporary structures on the common such as tents,f nces, thleti equi merit? If yes, please describe the size and type of structures: ,- Will you need access to electricity for this event? If yes,f what purpose: _ - Will you be serving any food or beverages during the event? �? Will you be charging a fee for any services provided such as food, beverages,games, races, etc.? If yes; please provide a fee schedule and attache r -��. =� � ��- Please describe where vehic�les of k p a.4; ici p ant�s in the event eve nt-fw i l l p a lrk: � v- r_ 711 �✓L - - '7 � i Please describe what your clean up plans consist of in terms of number of people assisting in the clean up, how trash will be removed from the common and disposed, etc: I I Town Common Application Page 2 I Section 4:Acknowledgements and Signatures By submitting this application,the signer of this form agrees to the following: 1) That the signer is duly authorized to sign the application on behalf of the applicant and is a resident of North Andover or works for a non-profit organization whose principal place of business is located in North Andover. 2) That the user of the common will comply with all rules, regulations and conditions applicable to the use of the common. 3) That the user of the common will hold the Town, its employees and agents harmless from any and all claims,suits,causes of action,judgments and demands of any nature made or obtained by third parties which result from activities or actions of the Town of North Andover, its agents or servants under this permit and if the judgment is entered against the Town of North Andover, said judgment will be paid by said applicant together with all interest thereon. ' Sign Printed Name: d F Date:r "�, Return completed application to the North Andover Town Hall,Town Manager's Office, 120 Main Street, North Andover, MA 01845. Town Common Application Page 3 �QADCA,11,, LEGEND RD TOWN OF NORTH ANDOVER JOHNSON ST OLD CENTER COMMON SITE PLAN — NOT TO SCALE OCT 27, 2009 "Ic ELECTRICAL OUTLETS APPROXIMATE LOCATIONS /P�� ' Cs ' - �Ca ctf U Lu To > OLD CENTER fi BRIDGE in COMMON for7� OSGOOD ST Lu Lli CD co OAK AVE Johnson, Adele From: McCarthy, Fred Sent: Thursday, May 03, 2012 5:11 PM To: Johnson, Adele Subject: RE: Urgent Need recommendations today for Sheep Shearing Festival Adele, The Fire department has the following concerns. We will need to be notified of all road closures and detours related to the event. If the use of propane is used for any reason and the cylinders are larger than 20 Ibs the responsible party will need a permit issued by the Fire department. Fire extinguishers are required if cooking is to take place. I believe a fire department detail was hired in the past, for the hours the event is open to the public. Have a member of the committee check on this with the fire department, Access to the common should be provided for an ambulance in the event of an emergency. I suggest, if electrical cords are used the electrical inspector be notified prior to the event for inspection. Thank you, Lt Fred McCarthy Fire Prevention, 978-688-9590 From: Johnson, Adele Sent: Thursday, May 03, 2012 11:44 AM To: Gallagher, Paul; Carney, John; Melnikas, Andrew; McCarthy, Fred; Thibodeau, Bruce; Barry, Nancy; Sawyer, Susan Subject: FW: Urgent Need recommendations today for Sheep Shearing Festival Importance: High Please send me your recommendations today, Sorry to give this to you late but the Festival Committee just gave this to me and the Board needs to add this to Monday's May 7t" meeting. Thanks Adele J.Johnson Adminstrative Secretary Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email aiohnson @townofnorthandover.com Web www.TownofNorthAndover.com CM J. 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department ' 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 Chief of Police Paul J. Gallagher To: Andrew Maylor,Town Manager From: Chief Paul J. Gallagher RE: Annual Sheep Shearing Festival Date: May 3, 2012 The Police Department recommends favorable action on the request from North Andover Festival Committee for the Annual Sheep Shearing Festival on May 20, 2012. The department will work with the committee for street closures and parking per their proposal. Bicycle officers will be assigned to assist with the public. • I i INTEROFFICE MEMORANDUM DATE: May 3, 2012 TO: Adele Johnson, Administrative Secretary FROM: Bruce Thibodeau, Director of Public Works CC: Tim Willett, Operations Manager RE: Sheep Sheering Festival The Division of Public Works has no objection to the request from the Festival Committee. The Department will work with the Committee to make it a successful event. Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF pORTH q Ott� o ^n ay�0 Joyce A. Bradshaw, CMMC o p Telephone(978)688-9501 Town Clerk, * FAX(978)688-9557 ��SS.acHUS'��5 MEMORANDUM TO: Rosemary Connelly Smedile, Chairman, Licensing Commission Members of the Board of Selectmen Andrew,Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst, Town Clerk 's DATE: May 1, 2012 SUBJECT: One Day All Alcohol Request Attached please find an application from Lauren Tredeau on behalf of Merrimack College for a One Day All Alcohol Request. The event is a"Legacy Reception"to be held at the Rogers Center on the grounds of Merrimack College on May 19, 2012 from 11:00 a.m. to 9:00 p.m. Favorable recommendations are included from the Police and Fire Departments. If you have any questions or concerns, please do not hesitate to contact me or Joyce Bradshaw. Thank you. I Merrimack L L E G E NOKTFSL.ANDOVER, MASSACHUSETTS 01545 978-837-5000 c(>2G>iD.t11�7`l'17Y1C�C�C.��lL April 20, 2012 VIA FIRST CLASS MAIL Board of Selectmen Town of North Andover 120 Main Street North Andover, MA 01845 ATTN: Karen Fitzgibbons Re: Merrimack College-Request far one-day license Dear Sir or Madam: Please find enclosed a completed One Day Liquor License Application and a check in support of same. Specifically,the Legacy Reception will be held in the Rogers Center. Should you need anything further, please let met know. As always, thank you so much for your help. Very truly yours, Alexa Abowitz Vice President of Administration And General Counsel I I TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION Ile Organization holding event: ✓?'f Name&Address of Responsible Party:_ ,,! .{�I' Contact Number& e-mail s- ( : Location of Event: l ,y Type of Event: .. ? Is the event being catered? Yes No Name of Caterer r- Date &Time of Event: ° -/Z�2 �z Non Profit Organization Other Than Non Profit Wine& Malt All Alcohol Wine &Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol?f/ Does the server have liquor liability insurance? Have servers had training in alcohol service? - --F 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of No n An ove is in no way responsible for the ctions of the applicant. Ap 6/nt's Signature Date TO WW OF NORTH ANDOVER, MASSACHUSETTS y✓ fi-k. Police Department 1475 Osgood Street North Andover,MA. 01845 Tel: 978-683-3168 ' To: Karen Fitzgibbons From: Lt.John Carney RE: One Day License Date: April 30, 2012 The Police Department recommends favorable action on the request from Merrimack College for a one day all alcohol license on May 19th at the Rogers Center as outlined in the application. TOWN OF NORTH ANDOVER Fire Department ['ire Prevention Office Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Telephone(978) 688-9593 }� FAX (978) 688-9594 Andrew Mebrikus Fire C hit�l' 7 oivn 2tfYor•t;t jndovyy.corn Lt Frederick AfcCcirlhv Fire Prevention Officell F:IIfcC'rrr th}(a,tovvrrnfrrorthur�darer.corn The Fire Department has reviewed the request for a one day alcohol license for Merrimack College on May 19, 2012 at the Rodgers Center. We do not have any issues with this request. Chief Andy Melnikas TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 a ttORTH H 3=O�st�au i,5y tiOOG Joyce A. Bradshaw,CMMC F A Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 SSACHUS�� MEMORANDUM TO: Rosemary Connelly Smedile, Chairman, Licensing Comm. Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons,Asst. Town Clerk DATE: May 2, 2012 SUBJECT: One Day All Alcohol License Attached please find a request from John Gallagher on behalf of Merrimack College for a One Day All Alcohol License. The event is a"Senior Send Off BBQ" and will be held under a tent on the Campus Center parking lot. Date of the event is May 18, 2012 from 4:00 pm to 9:00 pm. Included are favorable recommendations from the Police Department, Fire Department and Building Inspector. If you have any questions or concerns, please do not hesitate to contact me or Joyce Bradshaw. Thank you. m r 11'11..� r i L E G E. , NORTH ANDOVER, MASSACHUSETTS 01845 11Y P78-8i 7-5000 > Fnt uT.merrin7ack.edu May 2, 2012 VIA HAND DELIVERY Board of Selectmen Town of North Andover 120 Main Street North Andover, MA 01845 ATTN: Karen Fitzgibbons Re: Merrimack College-Request or one-day license Dear Sir or Madam: Please find enclosed a completed One Day Liquor License Application and a check in support of same. Specifically,the Senior Send Off BBQ will be held in the Campus Center parking lot. Should you need anything further, please let met know. As always,thank you so much for your help. Very truly yours, , -JItKa C.Alexa Abowitz Vice President of Administration And General Counsel i I TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION Organization holding event: ° c- m - f Name&Address of Responsible Party: Contact Number&e-mail - 4H55 Location of Event: - � ® t!i"iof Type of Event: is the event being catered? Yes No Name of CatererC $ Date &Time of Event: - Non Profit Organ! ti Other Than Non Profit Wine&Malt All Alcoho Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol? Does the server have liquor liability insurance? I Ir Have servers had training in alcohol service? I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alc 1 License and certify that i am not prohibited from holding such license. 1 agree that the Town of I�h A over is in noway responsible for the actions of the applicant. / Ap Date pl' ant's Signature TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel.978-683-3168 To: Karen Fitzgibbons From: Lt.John Carney RE: One Day License Date: May 2,2012 The Police Department recommends favorable action on the request from John Gallagher and Merrimack College for a one day all alcohol license on May 18th on the College Grounds as outlined in the application. TOVVNTOF NORTH ANDOVER Fire Department Fire Prevention Office Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 41845 Telephone(978) 688-9593 "y FAX(978)688-9594 Andreiv Melnikas arneInikars e Tbo vno �orthAndover,corn Fare Chief Lt Frederick McCarthy Fire Prevention Officer A1r:Ccrr tly� townofraortd2andr�s er°.cars The Fire Department has reviewed the request for a one day alcohol license for the Senior Send Off Barbeque at Merrimack College We do not have any issues with this request. i Chief An y Melnikas Fitzgibbons, Karen From: Brown, Gerald Sent: Wednesday, May 02, 2012 2:57 PM 7o: Fitzgibbons, Karen Subject: RE: Last minute One Day for Merrimack College The Building Dept has no issues with Merrimack College All Alcohol One Day License III i I TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f pORTH 20[tT4[D ;b��OO Joyce A. Bradshaw,CMMC ti Telephone(978)688-9501 Town Clerk, , FAX(978)688-9557 �SSAtHUS MEMORANDUM 'TO: Rosemary Connelly Smedile, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons,Asst. Town Cleric'{�% DATE: May 2, 2012 SUBJECT: One Day All Alcohol License Attached please find an application for a One Day All Alcohol License. The event is a wedding to be held in the Dining Hall of Brooks School on June 15, 2012 from the hours of 4 pm to 10 pm. Also attached is a letter from Brett Fuhrman, Chief Financial Officer of Brooks School, supporting the event. A copy of a ServSafe Alcohol Certificate is included naming the person who will be responsible for serving the alcohol. i Favorable recommendations are included from the North Andover Police and Fire Departments. If you have any questions or concerns, please contact either me or Joyce Bradshaw. Thank you. 05/01/2012 10:59 17815G74225 CONCENTRA PAGE 01/03 C4Q0-(O'yV- / TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: { Name&Address of Responsible Party: 2Z j r it r Contact Number&e-mail (A Lo Location of Event: Type of Event: Is the event being catered? Yes No Name of Caterer ) Date&Time of Event: 161 1 -2— Non Profit Organization Other Than Non Profit Wine &Mali (F Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY'THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? .�j Who is serving the alcohol? y Does the server have liquor liability insurance? Have servers had training in alcohol service? LA i, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date 05/01/2012 10:59 17815674225 CONCENTRA PAGE 02/03 r V,CY iu m SHIM,Wil BROOKS SCHOOL,NORTH ANDOVER, MASSACHUSETTS 01A4,1298 7'L-'I-r I-ZONE:gM-725-6300 March 8, 2012 To whom it may concern: This is to notify you that there will be an event held at Brooks School on June 15, 2012. We are writing to let you know that we are aware there will be a cash bar from 4 P.M. through 10 P.M. on that evening. If you have any questions please feel free to contact us at 97$-725-6325. Sincerely, Brett Fuhrman Chief Financial'Officer 05/01/2012 10:59 17815674225 CONCENTRA PAGE 03103 sie 7183393 4 rnro+,o. 8422711 r� AN'DREW,;VV HJTH[�Q ;�L Cnrrt�xbha�ihronYOn��tram tho.ngle a1 IPeaHbnrinntlon,40001 laW��pp�y, i�• OlkU Of EXAMINATION ' 1014J201 I r (:h:,��,1I�lJCi IATION !1 R 11 TOWN OF NORTH ANDOVERf MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 :t Tel.978-683-3168 a To: Karen Fitzgibbons From: Lt.John Carney RE: One Day License Date: May 1, 2012 The Police Department recommends favorable action on the request from Donna Adams and Brooks School for a one day all alcohol license on June 15`h on the School Grounds as outlined in the application. I i TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSAC:HUSErrs 01845 NORTH Andrew Melnikas Fire Chief A Telephone (978) 688-9593 FAX (978) 688-9594 Lt. F. McCarthy o, , Fire Prevention Officer �'�s°^�*•°�'"�<y aiiielnikasL)townofnortha.ndove.r.com S CHUS� Fmccal-thv�a,to\,vnof lorthandover.com Town Clerks Office 120 Main St. North Andover, Ma May 2, 2012 Karen, The Fire Department recommends favorable action for a 1 day liquor license on June 15, 2012 at Brooks School between the hours of 4:00:10:00 pm, For the purpose of a wedding reception. Regards, Lt Frederick McCarthy Fire Prevention 978-688-9590 Old Business TOWN OF NORTH ANDOVER 2012 ANNUAL TOWN MEETING WARRANT ARTICLES AS OF APRIL 23,2012 Alpha Num. Article Title Sponsor Board of Selectmen Finance Committee Planning Board — A 1 Reports of Special Committees Board of Selectmen B 2 Reports of Receipts and Expenditures Board of Selectmen C 3 Authorization of the Town Manager or Superintendant of Schools Regarding Contracts Board of Selectmen D 4 Authorization to Accept Grants of Easements Board of Selectmen E 5 Authorization to Grant Easements Board of Selectmen Y 6 Finger Print Based Criminal Record Background Checks Town Manager AA 7 Amend Chapter 69-7.1 of the Town Bylaws Fire Chief AB 8 Amend Chapter 28.3 of the Town Bylaws Board of Selectmen AF 9 Amend General Bylaws-Chapter 59-6-Annual Town Meeting Date Town Clerk AG 10 Amend General Bylaws-Add Chapter 174-Trees DPW AN 11 Change Time of Elected Officials Assuming Office(Henry Fink Proposal) Board of Selectmen Not Oficially Filed 1 12 Continuation of MGL,Chapter 59,Section 5K,Senior Work Program-Funding Town Manager AO 13 Adopt Provisions of MGL Chapter 60,Section 3D-Elderly Disabled Tax Fund Town Manager AP 14 Rescind MGL c.31,section 47-DPW labor civil service Town Manager Z 15 Reduction of Community Preservation Act Surcharge CP-William Callahan AC 16 Petition the General Court-Liquor Quota Increase-LaBottega-Turnpike St. CP-Angela Paolini AD 17 Petition the General Court-Amend Town Charter-Change Election to June CP-George Vozeolas AE 18 Petition the General Court-Amend Town CharterTown Meeting Proceedures Town Clerk F 19 Compensation of Elected Officials Board of Selectmen G 20 Prior Year Unpaid Bills Board of Selectmen H 21 Establishment of Revolving Funds Board of Selectmen J 22 Amend General Fund Appropriation for FY12 Board of Selectmen O 23 General Fund Appropriation Fiscal Year 2013 Board of Selectmen P 24 Water Enterprise Fund Appropriation Fiscal Year 2013 Board of Selectmen Q 25 Sewer Enterprise Fund Appropriation Fiscal Year 2013 Board of Selectmen R 26 Stevens Estate at Osgood Hill Enterprise Fund Appropriation Fiscal Year 2013 Board of Selectmen N 27 Amend Capital Plan Appropriations from Prior Years Board of Selectmen S 28 Capital Improvement Plan Appropriation Fiscal Year 2013 Board of Selectmen X 29 Energy Services Company Project Funding Town Manager V 30 Sale of Public Buildings Town Manager AQ 31 Amend CPA BAN Authorization Town Manager T 32 Report of the Community Preservation Committee and Appropriation Board of Selectmen U 33 Appropriation from Federal Early Retirement Reinsurance Program Board of Selectmen W 34 Capital Stabilization Account Town Manager AL 35 Transfer to Stabilization Board of Selectmen AM 36 Transfer to OPEB Stabilization Board of Selectmen AH 37 Amend Zoning Bylaw-Section 8.1.4-Off Street Parking General Requirements Planning Board AI 38 Amend Zoning Bylaw-Section 4.135-Industrial S-Added Use Planning Board AK 39 Amend Zoning Map-1080 Osgood Street-Map35 Parcel 19 from 12 to B-2 Planning Board Al 40 Amend Zoning Bylaw-Section 4.137-Floodplain District Planning Board AR 41 Amend Zoning Bylaw-Section 16.5 Drive Through in CDD2 Board of Selectmen M Amend Stevens Hill i Fund Aporopriation for FY12 Board of Selectmen K Amend Water Fund Appropriation for FY12 Board of Selectmen L Amend Sewer Fund Appropriation for FY12 Board of Selectmen AO MASTER LIST-2012 ANNUALTOWN MEETING-MARCH 28 2012Sheetl5/2/201211:09 AM Public April 24, 2012 APR OFF16 OF TQ&!1A'A=Eli Andrew Maylor Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Mr. Maylor: I would like to request to be put on the agenda of the next Board of Selectmen meeting to appeal the Order of Conditions that was approved by the North Andover Conservation Commission(NACC)for MassDEP File#242-1480 on April 13, 2012. It is my position that the North Andover Wetlands Protection Bylaws and Regulations have been violated and the Conservation members have failed to ensure fairness, consistency and create a uniformity of process to clarify, define and enforce the provisions of the Bylaw of the Town of North Andover, Massachusetts. The Buffer Zone,the area of land that extends 100-feet horizontally outward from the boundary of any resource area is subject to protection under the Wetlands Protection Act,M.G.L. Chapter 131, Section 40; areas as specified in 310 CMR 10.02(1)(a) and the North Andover Wetland Protection Bylaws and Regulations, Chapter 178. According to section 3.4 of the Regulations and Appendix F, no activity is permitted within 25-feet of the edge of the wetland resource area identified in Section 1.3. This standard has been adopted by the Commission because the alteration of land immediately adjacent to a wetland is likely to result in the alteration of the wetland itself. Alterations typically result from siltation, over grading, deposition of construction debris, unregulated filling, vegetation clearing, and extension of lawns or the depositing of yard waste. i The North Andover Wetlands Protection Bylaw and Regulations clearly states that the applicant shall have the burden of proving by a preponderance of credible evidence that the activity proposed in the Notice of Intent will not cause adverse impacts to any of the interest and values sought to be protected by this Bylaw. According to sections 5.0; 5.1 and 5.2 of the NA Wetland Protection Regulations a waiver of a specific wetland resource area may be granted if there are no feasible alternative that provides fewer impacts to the resource area values. The applicant has demonstrated and proven that there is an alternative which is grandfathered in and would not disturb the boundary of the 25-Foot No-Disturbance Zone resource area. An Alternative Analysis(Option C)was presented to the NACC on November 16, 2011 which involved the renovation of the existing dwelling. In reference to the NACC Wavier Request Form dated March 28,2012 provided by The Neve-Morin Group, Inc the request for the Waiver of sections 5.1: No Disturbance Zone and 5.2:No Build Zone states "The current usable lawn area on the site extends to the wetland edge; the 25 foot no disturb zone would allow no yard"The only reason the applicant is looking for this waiver request and the NACC granted it is solely to provide a bigger yard which is in conflict to the Wetland Bylaw and Regulations. Appeal-MassDEP File#242-1480 1 �I I The NACC has already documented on 4 34 Order of Conditions for 15 Lorraine Ave also located on and adjacent to 14 Lorraine Ave that they do not have jurisdiction and found"that the intensive use of the upland area and buffer zone proposed will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenU five foot(25)No-Disturbance Zone and a fifth foot(50)No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. The state agency, Massachusetts Department of Environmental Protection(MASSDEP) agreed with the NACC position. I have actively participated in the review of this project and officially documented my concerns to the Conservation Commission via the public hearings which where held on the following dates: June 9, 2010; November 16, 2011; January 11, 2012 and March 28, 2012. Disturbing the wetlands resource area and their surroundings will cause injustice to what time and nature has created. Thank you for your consideration. Sincerely, Michelle Saracusa 210 Andover Street North Andover, MA 01845 Tel: 978-682-7761 cc: File I I I i II I II I Appeal-MassDEP File#242-1480 2 Town Manager' s Report r INTEROFFICE MEMORANDUM DATE: May 1,2012 TO: Bruce Thibodeau, Director DPW Cathy Darby, Personnel Director FROM: Timothy Willett, Operations Manager RE: Recommendation for Senior Working Foreman— Dan Hollins Four candidates were interviewed for the position of Senior Working Foreman over the past two days— Keith Seguin, Mike Nicosia, Mike Dunn, and Dan Hollins. I feel Dan Hollins is the top candidate for the job. Dan brings 23 years of experience of DPW Operations, is respected by his fellow employees, and has the following licenses: CDL, Hoisting, and Grade 11 Water Distribution. He has been the Working Foreman in the Water Department for the past 7 years, and this experience will be very useful at the Senior Foreman level. Consequently, I recommend that the position of Senior Working Foreman be offered to Dan Hollins. i I Facility and Review Assessment Town of North Andover, MA Facility: North Andover Middle School 495 Main Street North Andover, MA Date: 4.1 7.2012 RIA r �s Cf �bY Y0w Y 1 5� it r � 5 1 � rs c 1 Description: The Middle School is the 2nd largest school in the North Andover, MA district and is located at 495 Main Street at the intersection of Rte. 125 (Chickering Road). The facility was initially constructed as a high school in 1954 and converted to a middle school in the mid 1970's. There have been two additions to the facility— 1962 & 1995. It consists of a 1 &2 story brick masonry structure which includes a system of three (3) academic classroom `wings' (Symmes, Freeman & Carrier) plus gymnasium, auditorium, performing arts center, cafeterias (2), art, music and administration areas. The school houses the 6th 7th and 8th grade classes. The overall building configuration creates an enclosed perimeter with interior courtyards. Its structural construction varies according to each `wing' while the brick exterior cladding and window system is typical throughout. The building and associated site improvements are installed on a;relatively flat site created by re-grading of the pre- existing south to north sloping terrain. The facility is served by public utilities; water, sewer, electrical, communications, natural gas. Vehicular access is provided by four (4) driveway entrances connected to a perimeter access road. Parking is,.provided at southeast side of the site. Athletic fields are located at an elevated site to the southeast of the facility. The MEP systems are consistent with the age of the existing structure and additions. There are substantial improvements & modifications to the boilers, lighting systems& hvac provided at the time of subsequent renovations/additions. The entire facility has a wet pipe fire protection sprinkler system`throughout. The building provides ADA exterior access via `at grade' entrances (4) and interior vertical access via elevators (3. Metal storage containers are located at the south-end of the site. �I 2 l I General Profile: Lot size: acres Building size: 150,000 sf Stories: 2 plus basement/crawl space levels % used: 100 % (+) Constructed: initial facility 1953, additions" 962 & 1995 Parking: spaces at the north/east".side of site Structure: varies; reinforced concrete/masonry, steel framed/masonry Envelope: brick masonry, Roof: epdm — ballasted (current) Vert. Transp: stairwells; two (2) serving each academic wing Elevator: one (1) elevator serving each academic wing (total = 3) Plumbing: interior' pip e' drainage,system Sanitarywaste drain &vent Circulating hot water system Domestic cold,water"distribution system Natural gas distrbution piping HVAC hot water heating ystem `unit venflators-typical each classroom za central exhaust Roof 0,,,Pnits; Ductless'split systems; FireProtection; wet pipe sprinkler system f Electrical volt_amp, ' phase service Fire Alarm: fire detection &annunciation system hard wired/radio beacon signalization Security: intrusion alarm system I 3 Detailed Surnmary & identified Condition/Needs Site: Utilities; Facility is served by public; water, sewer, gas & electrical utilities. Communications systems newly installed phone & data drainage; storm water system; sheet flow drainage to catch basins discharge into public infrastructure Interior roof drainage; piped to storm water system Crawl space/foundation drainage; pumped sump systems Identified needs; catch basin cleaning required improved crawl space water management system Trash service; provided by private vendor dumpsters& recycling enclosures located at south end of site Grading; Facility installed on a northerly sloped site Athletic fields located at elevated southwest side of site Landscaping; ornamental landscaping provided at building perimeter Plantings show evidence of low maintenance. Grassed lawn areas at building perimeter& north/east sides Identified needs; Trimming/pruning of landscaping Athletic fields; 4 Hayes stadium: Football & soccer events Large bleacher seating Observation booth/storage facility west side of site Snack bar/toilet facilities north end of site Perimeter running track Multi-use fields: located at south end of site baseball facility -southeast corner s softball facility - northwest corner Paving, drives, sidewalks,curbs, driveway entrances;. FT (2) north sid&(rnain,st.) Southwest (parker road). n . South side (rt e Y 1.2 ' Paved driveway at building perirneter f Paved sidewalk at building Perimeter& main entrances Concrete pave' bUs,pickup area Paved basketball court-at east side of site Identified needs j Paving repatrsat n.e. drive Concrete walk`repairs bus pickup area Parking Main lot,lgeated at southwest corner of site Smaller parking areas at northeast corner of site Total of 200 spaces provided Daily parking requirements adequate Event parking 5 Structure: Foundation: Poured concrete foundation systems (typical) Poured concrete slab (typical); areas Basement crawl space; Typical all areas except 1995 addition Superstructure: 1953 structure: Pier supported slab with crawl space area below Pier supported slab at crawl space areas Poured concrete columns, floor/roof decks 1962 structure: Pier supported slab with crawl space area below cafeteria- Steel framed columns/roof academic wing - poured concrete columns, floor/roof decks 1995 structure: Earth supported concrete `slab on grade' Steel framed columns/floor/roof Poured concrete deck 2nd floor level 6 Envelope: Masonry: Face brick work appears in generally good condition Some repairs required at older masonry portions Re-caulking required at construction joints Painting: Minimal exterior painting maintenance required Nf roof: existing: ballasted epdm (typical except at 1962 cafeteria) proposed: ' new TPO roof installation scheduled for 2012 spring/summer(Green Program) Sealants/caulking: Caulked joints; ,- Construption joints, expansion joints, dissimilar materials Identified needs; Repair failed joint sealants zy .: Crac)ted masonry repairs south side auditorium General masonry repointing Masonry gaps (misc. - east fagade,etc) Existing roof failed at many locations (except at 1995 addition) Numerous leaking conditions Reference roof report (10/31/2011) i rusted perimeter spandrel beam at gym roof exterior hollow metal doors 7 i Window/Door Systems; Insulated glass window systems (typical); Glazed window systems in good condition Gymnasium "Kalwall" translucent window system Doors: Exterior hollow metal doors at secondary exit/access locations Primary entrance/egress aluminum framed/glass systems Identified needs; Some failed insulating glass units require replacement Investigation required into black coating (mildew'?) on "Kalwall" panel Interior: Flooring; Carpet; Classrooms,academic hallways,administration Vct; main hallways & corridors, cafeterias vct in generally good condition minor repairs required Ceramic tile; toilet rooms,kitchen,locker rooms/showers wood; " gymnasium floor Identified needs; Repairs required all areas (typical) Replacement carpet at selected locations Consider replacement vct flooring (in lieu of carpet) Ceramic tile minor repairs required Gym floor refinishing required 8 Ceiling: Suspended acoustical ceiling systems Hard gwb ceilings Exposed structure Identified needs; Replace damaged acoustical file Finishes: Painted interior; Walls, doors, wood,trim, ceilings Identified needs, Refinish; wood finish","at windows ,r wood Aport..uni ts Repaint; wall"':`d6or frames Y r' /..Y Systems: Plumbing: 9 Water distribution; Domestic water supply Backflow preventer Piped hot/cold water distribution throughout Circulating hot water system Commercial hot water heater (new jan. 2012) Waste/vent/drain; Piped sanitary sewer system Discharge to public sewer infrastructure Dedicated waste/vent system for chemistry lab Roof drainage; Interior piped drainage system Discharge into exterior storm water infrastructure Gas piping; Natural gas piping distribution system Hot water system, comfort heating, kitchen (cooking) Fire Protection`system: Wet pipe sprinkler system throughout Public fire protection water service provided HVAC: Hot water heating system: 10 Boilers: Natural gas fired boilers 2 - million btuh Installed:—/—/— Unit ventilators: Typical most areas (classroom, cafeteria) Ventilation/exhaust: Rooftop/mechanical penthouse mounted:equipment Fresh air intake/supply/distribution systems Dedicated exhaust; kitchen,,,,"i- ts, locker rooris fan coil units: ducted ventilation system gym, auditorium + G pr' Cooling: Ad-ihistration area, library, IT only Rooftop mounted;eqt. Ductless"split systerr�.at IT f Piping: Piping system installed throughout for future ac system Controls . Pneumatic type system Identified needs; Controls system computer has failed temperature control issues throughout Building wide controls evaluation/upgrade recommended Removal of abandoned hot water heater eqt. Modify boiler breeching (due to hot water system modifications) Hvac eqt. maintenance; filters, controls, etc. (standard p.m. 11 Electrical: Service: amp, volt, ph Mdp Main switch Transformer: exterior pad mounted utility eqt. Emergency generator: KVA Emergency power/lighting panels Distribution Power distribution: Electrical lighting and power subpanels Distribution throughout Emergency Lighting: System provided throughout Emergency generator powered Lighting system: Interior: Fluorescent light fixtures throughout Energy savings lighting modifications Exterior: Building mounted fixtures at perimeter Pole mounted fixtures parking lot areas Fire alarm system: Detection & annunciation provided throughout Facp provided at front entry Radio/hard wired signalization to emergency response 12 Flow and tamper devices at sprinkler system Security system: Intrusion system provided throughout Identified needs; Fire alarm system chronic fault (beeping noise-trouble light) r References: Sources of facilities information has been,obtained from, custodial staff,Director of School Operations, outside trade%maintenance vendors, school/municipal administrative staff and employees. Qualifications Xt� f X Inspect'ioris performed without he use of anyxinvasive or destructive measures. .> F There has been n_o removal bsurface excavation performed. There hasbeen"no review or inspection by other architect(s)/engineer (s) u.n.o. r x I f I I II 13 III k s ' x� 1 � 11. ( q ji 7W I I I i 14 131 C nlre rm "It Sk ras 17 Laker Performance FREEMAN HOUSE Gymnasium "I Center 18 OW St 8lage F1D7 F1D8 100 F110 F111 10 X19 B G T 'SID1 Prarxl F10& c o eve3 F102 F141 G Roam G M i Ej F Teachers Rm `it, S102 Sv11 MeS 110 House � LibCa�� Cafeteria 1145 S1D6 S1D3 as 6 ` j ox � Courtyard �0, Courtyard S1o7 5104 5 sa 4ri ° 5106 5145 K tche 1 a , s AV F SR cs n n st€, 20 a+ Cortf. S &Wn 4 a.n:mt O f Art st Arl Cafeter a 21 LIr5e R°N.. Est a 0147 Homp FG.Ci0$ G1D9 5 3 08 rc > Q : Auditorium: ad St 103A 0105 0146 ® C104 C103 0102 0101 Tech Ed: 2 Knox Sox 1 Carder House 22 fr ;t - Musie. s� 3 G 'fNusic' i Z N a tea. FREEMAN HOUSE Roof Roof I F206 6206 F2 D7 F208 F2t99 T t? 5201 El F¢Q� f203 E2Q2 F2pt � - � S205 5202 �.. S208 s2os vmi Roof 2T szp 00 Courtyard so g Courtyard m Sips sacs Ei i i Roof w h Roof G:B =7 X208 =C2flg 0240 5E t,Aech DZrD)%,n to Stage Rm, Entrance to Sound Room st - C204 C203 G202 c2p1 C2,I Roof .. CARRIER HOUSE �- i 15 A ,4 I 16 J f d, k ��r f 3i s 17 r Y, M 4' } st i N ?M.1, J MRS d3d kl ? My gJ4 i K'Y Wk fi C . 18 Maylor, Andrew From: Foulds, Eric Sent: Wednesday, May 02, 2012 10:55 AM To: Maylor, Andrew Subject: FW: Police Assoc. Monument From: Foulds, Eric Sent: Wednesday, May 02, 2012 10:50 AM To: 'townmanager @townofnorthandover.com' Subject: Police Assoc. Monument Mr. Maylor, Approximately 35 years ago the North Andover Police Association, an association comprised of active and retired members of the North Andover Police Department, had a monument placed at the site of the old police station, 566 Main St..The monument is engraved with the names of deceased members and serves as a place where both officers and family members can remember and reflect on those that have passed away.The monument is also the focal point of the Association's annual Memorial Day service where officers and family members gather and all deceased officers are recognized with special attention given to those that have passed away during the previous year. i The North Andover Police Association would like permission to move the monument to our new location at 1475 Osgood St. so that this year's Memorial Day service can be held there. We have several local businesses volunteering their services to help with the move and we are planning a small service when the monument is placed in its new location.The Association membership feels strongly that the monument should be at our new location due to the history it represents and the impression it leaves on all who view it. A solemn service and police escort of the monument is planned once a move date has been set. As the monument is currently on Town land and will be placed on Town land I would like your permission, as well as the permission of the Board of Selectman, to move the monument. Any property disturbed during the excavation will be restored and the new location will kept in a manner befitting the stature of the monument. If you have any questions or would like to view the proposed new location please contact me. Respectfully, Sgt. E.J. Foulds North Andover Police Assoc.Treasurer (978)-683-3168 (978)-457-5821 Please nom tf?Ea Mai>s achu.,etts sncrotary of yt.atE..: oftic.o,h�as.lr.;te,rri.ied E,YiaY tnov,rn,,:zils 90 txnit_t arei:iurinoa( w,<.c,c au e r?ubi C records,For mc?rE= information ple,,ase refer to http://www.sec.state,ma.us/pre/preidx,htm, Please consider the environment beforo�inn'tintt this email. li 1 I i