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HomeMy WebLinkAbout2012-07-16 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01.845 William Gordon,Chairman Rosemary Connelly Smedile TEL. (978)688-9510 Donald B. Stewart FAX (978)688-9556 Richard M.Vaillancourt Tracy M.Watson BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA JULY 16,2012—6:00 PM TOWN HALL MEETING ROOM- 120 MAIN STREET I. CALL TO ORDER i II. EXECUTIVE SESSION A. Matter Subject to Collective Bargaining III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. Open Session Minutes of June 18,2012 V. COMMUNICATIONS AND ANNOUNCEMENTS A. Parson Barnard House—Tours on Saturday, August 4,2012 from 11:00 a.m.to 3:00 p.m. VI. CONSENT ITEMS A. Appointments: 1. Selectmen Appointment to Audit Committee 2. Registrar of Voters-Republican Member 3. Poet Laureate Committee—Jill Barker, 181 High Street B. Conservation Restriction on Berry and Turnpike Sts.-DPE File#242-1428&#242-1407 C. Saint Michael's Parish requests permission to hold event on Town Common September 9,2012 D. Acceptance of Donation from Frank Coady to Fire Dept.2000 Ford Econoline Bucket Truck E. Request by Town Accountant for FYI Budget Reallocation F. Jose Espinosa requests permission to host Car Show, September 9,2012 at Mad Maggie's Ice Cream G. First Right of Refusal,Affordable Housing Resale- 180 Chickering Road, Unit 303C at Kittredge Crossing and 1305 Basswood Circle at Maplewood Reserve H. Proclaim July 21,2011,as"Christopher Boshar Day"in North Andover I. Request to Sign State Primary Election Warrant J. Town Manager's Performance Evaluation VII. LICENSING COMMISSIONERS A. Liquor License Violation Hearing: McCracken's Liquors,531 Chickering Road VIII. OLD BUSINESS IX. NEW BUSINESS A. FYI Water and Sewer Rates X. PUBLIC COMMENT XI. TOWN MANAGER'S REPORT XII. ADJOURNMENT DRAFT it BOARD OF SELECTMEN MINUTES JUNE 18, 2012 I CALL TO ORDER: Chairman Tracy Watson called the meeting to order at PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman; William F. Gordon, Clerk; Rosemary Smedile, Licensing Chairman; Richard Vaillancourt, and Andrew Maylor, Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION to TABLE the Open Session Minutes as written of June 4, 2012. William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Executive Session Minutes of June 4, 2012 as written. Vote approved 5-0. i William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Amended Open Session Minutes of June 4, 2012. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS,AND PUBLIC COMMENT: New Business Recognition The Board of Selectmen presented a Certificate of Appreciation Draper Real Estate for locating their business in town. Selectmen had a brief discussion on the outcome of the Annual Town Meeting and how to move forward with Articles on the energy project and sewer project that failed to pass at Town Meeting. Town Manager Andrew Maylor said there would be some dialogue as how to proceed at future meetings and how to better educate the public in the future. Several different scenarios were discussed. Praise was given to the newly elected Moderator Mark DiSalvo for his direction at his first Town Meeting and keeping the meeting to one evening. Note: Donald Stewart arrived at 7:28 p.m. CONSENT ITEMS: Board of Selectmen Appointments William Gordon made a MOTION, seconded by Rosemary Smedile to approve the appointments as amended to the various committees as identified on the list below. Vote approved 5-0. Effective July 1, 2012 Committee Last Name First Name Street Address Town Term Appointment Expires Affordable Housing Trust-Bd.of Trustees Bernardin Robert 1407 Great Pond Road North Andover, 2 years June 30,2014 Affordable Housing Trust-Bd. of Trustees Koehler George 41 Quail Run North Andover, 2 years June 30,2014 Affordable Housing Trust-Bd.of Trustees Watson Tracy ,9 William Street North Andover, 2 years June 30,2014 Audit Committee lyer Vidya 99 Amberville Road North Andover, 1 year June 30,2013 Audit Committee Gordon William 20 Little Road North Andover, 1 year June 30,2013 Audit Committee Ercolini Robert 195 Bridle Path North Andover, 1 year June 30,2013 Cable TV Advisory Committee Faigen Ronn R. 110 Fuller Road North Andover, 3 years June 30,2015 Cable TV Advisory Committee Hafetz Leonard I. 45 Hitching Post Road North Andover, 3 years June 30,2015 Community Preservation Committee Copp@ Thomas P. 102 Lacy Street North Andover, 3 years June 30,2015 Conservation Commission Feltovic Deborah 180 Chickering Rd.,U 312 North Andover, 3 years June 30,2015 Conservation Commission McDonough Sean F. 231 Bear Hill Road North Andover, 3 years June 30,2015 Board of Selectmen Minutes June 18, 2012 DRAFT 2 Constable Cain,Jr. Richard D. 60 Herrick Road North Andover, 3 years June 30,2015 Council on Aging Rosati Maria 148 Sandra Lane North Andover, 3 years June 30,2015 Council on Aging Movsesian Albert 369 Great Pond Road North Andover, 3 years June 30,2015 Council on Aging Gilboard John 11 Mill Pond North Andover, 3 years June 30,2015 Disability Issues, Commission on Stewart Donald 52 Prospect Street North Andover, 3 years June 30,2015 Disability Issues,Commission on Murphy Nancy D. 21 East Water Street North Andover, 3 years June 30,2015 Emergency Management Agency Savastano John P. 287 Mass.Ave. North Andover, 1 year June 30,2013 Emergency Management Agency Langlois Carl 66 Saunders Street North Andover, 1 year June 30,2013 Emergency Management Agency Lincoln Connor 73 Georgetown Road Boxford, 1 year June 30,2013 Emergency Management Agency Hastings William 19 Beaver Brook Rd. North Andover, 1 year June 30,2013 Emergency Management Agency Gallagher Paul NAPD, 1475 Osgood St. North Andover, 1 year June 3Q,2013 Emergency Management Agency Hamel Neil 3 Fernwood Way Atkinson, 1 year June 30,2013 Emergency Management Agency Tessler Steven 308 Campbell Road North Andover, 1 year June 30,2013 Emergency Management Agency Dushame Frank 18 Lexington Street North Andover, 1 year June 30,2013 Emergency Management Agency Scanlon Robert 510 Osgood Street North Andover, 1 year June 30,2013 Emergency Management Agency Coco Jeffrey J. 695A Johnson St. North Andover, 1 year June 30,2013 Emergency Management Agency McDonald Timothy 180 Hickory Hill Road North Andover, 1 year June 30,2013 Emergency Management Agency Melnikas Andrew 124 Main Street North Andover, 1 year June 30,2013 Emergency Mgmt.-Auxiliary/Sp, Police Laurendeau Gary A. 13 Belmont Street North Andover, 1 year June 30,2013 Emergency Mgmt.-Auxiliary/Sp. Police Salois David, 11 Faulkner Road North Andover, 1 year June 30,2013 Emergency Mgmt.-Auxiliary/Sp. Police Binaghi Renzo A. 11 Bluff Street Salem,NH 1 year June 30,2013 Emergency Mgmt.-Auxiliary/Sp. Police Rossetti Anthony 14 Edgelawn Ave.,#8 North Andover, 1 year June 30,2013 Emergency Mgmt.-Auxiliary/Sp. Police Boettcher Richard C. 80 Bradford St. North Andover, 1 year June 30,2013 Festival Committee Dolan William 12 Bacon Ave. North Andover, 1 year June 30,2013 Festival Committee Heafey Joan 7 Peters St. North Andover, 1 year June 30,2013 Festival Committee Foulds E.J. 1475 Osgood St. North Andover, 1 year June 30,2013 Festival Committee Wilson Mike 1475 Osgood St. North Andover, 1 year June 30,2013 Festival Committee Coco Sharon 695A Johnson Street North Andover, 1 year June 30,2013 Festival Committee Lincoln Connor 73 Georgetown Rd. Boxford, 1 year June 30,2013 Festival Committee Rodriguez Elizabeth Po Box 1031, Methuen, North Andover 1 year June 30,2013 Festival Committee McLean Jenn 21 Kenmar Drive,#34 Billerica, 1 year June 30,2013 Festival Committee Salisbury Martha 301 Johnson Street North Andover, 1 year June 30,2013 Festival Committee Murphy William 57 Winthrop Ave. Lawrence, 1 year June 30,2013 Festival Committee Pazzanesse Pristene 30 Red Maple Road Haverhill, 1 year June 30,2013 Festival Committee Hamel Neil 3 Fernwood Way Atkinson, 1 year June 30,2013 Festival Committee Pelletier Philip 18 East Water St. North Andover, 1 year June 30,2013 Festival Committee Koenig Gen 1476 Salem St. North Andover, 1 year June 30,2013 Festival Committee Coco Jeff 695A Johnson St. North Andover, 1 year June 30,2013 Festival Committee Dawson Cathy 134 So.Bradford St. North Andover, 1 year June 30,2013 Board of Selectmen Minutes June 18, 2012 3 Festival Committee Fazio James 34 Fernwood Street North Andover, 1 year June 30,2013 G.L.S.D. Board of Commissioners Degnan Leonard J. 54 Sylvan Terrace North Andover 3years June 30,2015 Historical Commission Long Patricia 29 Rosedale Ave. North Andover 3 years June 30,2015 Historical Commission Szyska Kathleen 201 Osgood Street North Andover, 3 years June 30,2015 Neighborhood Cons. Dist. Commission Aznoian Harry 168 Osgood Street North Andover, 3 years June 30,2015 Neighborhood Cons.Dist. Commission Williams Janice 88 Elm Street North Andover, 3 years June 30,2015 Old Center Historic District Comm.-Alt, Lawson,Jr. Roger B. 16 Dufton Ct. North Andover, 3 years June 30,2015 Old Center Historic District Commission Larson Martha 440 Osgood Street North Andover, 3 years June 30,2015 Old Center Historic District Commission Schruender George 73 Chickering Rd. North Andover, 3 years June 30,2015 Patriotic Observance Committee Lanen Daniel P. 111 Marian Drive North Andover, 2 years June 30,2014 Poet Laureate Committee Shah Chandrika 48 Rosemond Drive North Andover, 3 years June 30,2015 Stevens Estate-Board of Trustees Jones Stephanie 72 Wentworth Ave. North Andover, 3 years June 30,2015 Stevens Estate-Board of Trustees Dolan* William 12 Bacon Ave. North Andover, 3 years June 30,2015 *New Appointment Sustainability Committee Geraneo Raymond 875 Dale Street North Andover, 3 years June 30,2015 Sustainability Committee Conti Lisa 100 Laconia Circle North Andover, 3 years June 30,2015 Sustainability Committee Mittelstaedt Martha 226 Stevens Street North Andover, 3 years June 30,2015 Utility Abatement Review Board Stewart Donald B. 52 Prospect Street North Andover, 2 years June 30,2014 Veterans'Services Mitchell Edward V. Town Hall, 120 Main St. North Andover, 3 years June 30,2015 Youth&Recreation Council McCarthy William 161 Campbell Road North Andover, 3 years June 30,2015 Youth&Recreation Council Crouch Carrie 31 Moody Street North Andover, 3 years June 30,2015 Youth&Recreation Council Breen Peter 770 Boxford Street North Andover, 3 years June 30,2015 Zoning Board of Appeals Byers Richard J. 97 Forest Street North Andover, 3 years June 30,2015 Zoning Board of Appeals Manzi, III Albert P. 10 Foster Street North Andover, 3 years June 30,2015 Zoning Board of Appeals,Associate Liporto Michael P. 74 Heath Road North Andover, 2 years June 30,2014 I Members Not Interested in Re Appointment Committee Last NameFirst Name Street Address Town Term Appointment Expires Cultural Council Choi Anna 70 Maple Ave. North Andover, 3 years June 30,2012 Cultural Council Guerrera Nicholas 143 Kara Drive North Andover, 3 years June 30,2012 Cultural Council Kline Karen M. 55 Cricket Lane North Andover, 3 years June 30,2012 Emergency Management Agency Boudreau David E. 165 Greene Street North Andover, 1 year June 30,2012 Poet Laureate Committee Gregoire Mary 21 Davis Road Methuen, 3 years June 30,2012 Poet Laureate Committee Sanford Gerald A. 201 Cortland Drive North Andover 3 years June 30,2012 Registrars of Voters, Board of Leeman Elizabeth M. 21 Sawyer Road North Andover, 3 years June 30,2012 Stevens Estate-Board of Trustees DeGalla Deborah 43 Meadow Lane North Andover, 3 years June 30,2012 4-, 41� Y�A L Board of Selectmen Minutes June 18, 2012 4 Sustainability Committee Foley Mary L. 153 Chadwick St. North Andover, 3 years June 30,2012 Sustainability Committee Hafetz Leonard 45 Hitching Post Road North Andover, 3 years June 30,2012 Lions Club requests permission to waive building permit fee to erect tent William Gordon made a MOTION, seconded by Richard Vaillancourt, to waive the building permit fee to erect a tent as part of the Lions Club event to be held at the North Andover Middle School Field on July 10-11, 2012. Vote approved 4-0-1 Rosemary Smedile abstained. Town Common Restoration Project The Board is requested to approve the following recommended improvements at the Town Common: Placement of six double trash/recycling receptacles, replace six 5 feet teak benches and four 4 feet granite benches within the Town Common. William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Bench and Receptacle Plan as recommended by Assistant Town Manager and the Town Common Committee. Vote approved 5-0. TD Bank donation for Fireworks Display TD Bank has generously agreed to donate $5,000 to offset the cost of this year's fireworks display. The Board is requested to accept the donation. William Gordon made a MOTION, seconded by Rosemary Smedile, to accept a donation from TD Bank in the amount of$5,000 to help defray the cost of the annual fireworks display. Vote approved 5-0. Dissolve the Facilities Master Plan Committee With the acceptance of their report by Town Meeting this committee can be dissolved. The Town Manager will work with the Assistant Town Manager to begin the process of issuing the proper Requests for Proposal. The Board is requested to dissolve the committee. William Gordon made a MOTION, seconded by Richard Vaillancourt, to vote to dissolve the Facilities Master Plan Committee and further asks that the Town Manager send letters of appreciation to each member in recognition of their service. 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, Phil Spitalere, VFW Post 2104, one day wine and malt license for 41" of July Philip Spitalere on behalf of North Andover VFW Post 2104 is requesting a Wine and Malt License for the 41" of July events to be held on the Town Common on July 3, from 4:00 to 10:00 p.m. and July 4,from 9:00 am to 10:00 p.m. i William Gordon made a MOTION, seconded by Tracy Watson, that the Town of North Andover Board of Selectmen, acting as Licensing Commissioners, hereby grants a One Day Wine and Malt License per M.G.L. c. 138, section 14 to Phil Spitalere of the VFW Post 2104 and 32 Park Street, North Andover for an event to be held on the Town Common on July 3, 2012 from 4:00 p.m. to 10:00 p.m. Said license approval is based on compliance with the"Conditions of Operation" contained in the application package"Vote approved 5-0. I William Gordon made a MOTION, seconded by Tracy Watson, that the Town of North Andover Board of Selectmen, acting as Licensing Commissioners, hereby grants a,One Day Wine and Malt License per M.G.L. c. 138, section 14 to Phil Spitalere of the VFW Post 2104 and 32 Park Street, North Andover for an event to be held on the Town Common on July 4, 2012, from 9:00 a.m. to 10:00 p.m. Said license approval is based on compliance with the "Conditions of Operation" contained in the application package"Vote approved 5-0. Merrimack College request one day all alcohol license C. Alexa Abowitz is requested a One Day all Alcohol License for the Parent/Orientation event on June 25, 2012 from 5:00 p.m. to 7:00 p.m. at the McQuade Library/Patio at Merrimack College. i i Board of Selectmen Minutes June 18, 2012 v 5 William Gordon made a MOTION, seconded by Richard Vaillancourt, that the Town of North Andover Board of Selectmen, acting as Licensing Commissioners, hereby grants a One Day All Alcohol License per M.G.L. c. 138, section 14 to Merrimack College for the Parent/Orientation event on June 25, 2012 from 5:00 p.m. to 7:00 p.m. at the McQuade Library/Patio at Merrimack College. Vote approved 5-0. Smolak Farms request for 9 one day wine and malt licenses H. Michael Smolak, Jr. requests a total of 9 one day wine and malt licenses for the "Whim Dinner Series" located in the function area in the pine grove. The dates requested are July 11, 18, 25, August 1, 8, 15, 22, 29 and possibly September 4, 2012, on Wednesday evenings from 6:30 to 10:00 p.m. William Gordon made a MOTION, seconded by Donald Stewart, that the Town of North Andover Board of Selectmen, acting as Licensing Commissioners, hereby grants a One Day Wine and Malt License per M.G.L. c. 138, section 14 to H. Michael Smolak, Jr, of Smolak Farms for the Whim Dinner Series to be held on nine consecutive Wednesdays from July 11, to September 4, 2012. All events will begin at 6:30 p.m:and end by 10;00 p.m. and be held in the function area in the pine grove at Smolak Farms, 315 South Bradford`Street, North Andover. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to close the meeting of the North Andover Licensing Commission. Vote approved 5-0. NEW BUSINESS: Board Reorganization It has been the practice of the Board to reorganize positions at the end of June each year. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to nominate William Gordon to be chairman of the North Andover Board of Selectmen from 07/01/2012 to 06/30/2013. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to nominate Richard Valliancourt, to be clerk of the North Andover Board of Selectmen from 07/01/2012 to 06/30/2013. Vote approved 5-0. Donald Stewart made a MOTION, seconded by William Gordon, to nominate Rosemary Smedile to be Licensing Chairman of the North Andover Licensing Commission from 07/01/2012 to 06/30/2013. Vote approved 5-0. TOWN MANAGER'S REPORT: Town Manager's Committee Appointments The Town Manager recommended the appointments,to the Planning Board, Board of Assessors, Board of Health and the Industrial Development Financing Authority. Effective Date: July 1,2012 Committee Last Name First Name Street Address Town Term Appointment Expires Assessors,Board of Minicucci David J. 340 Johnson Street North Andover, 1 year June 30,2013 Assessors, Board of Jones Ernest 371 Pleasant Street North Andover, 1 year June 30, 2013 Assessors, Board of Barker George 1267 Osgood Street North Andover, 1 year June 30,2013 Health,Board of Pease Edwin C. 162 Hay Meadow Road North Andover, 3 years June 30,2015 Health, Board of Trowbridge Thomas 109 Blueberry Hill Lane North Andover, 3 years June 30,2015 Industrial Dev Financing Authority Schruender George 73 Chickering Road North Andover, 5 years June 30,2017 Planning Board Simons John 25 Ironwood Road North Andover, 3 years June 30,2015 Planning Board McSherry* Lora M. 73 Buckingham Road North Andover, 3 years June 30,2015 *New Appointment Employee Recognition: Erin Flannery Director of the Stevens Estate i Board of Selectmen Minutes June 18, 2012 6 Merrimack Valley Business Magazine recognizes Director of Stevens Estate Erin Flannery as one of the"Up-And- Coming Forces of the Merrimack Valley". Job Posting/Vacancy Log The Human Resources Director gave an updated report of the status of various recruitments that are ongoing or recently completed. The Town Manager Andrew Maylor recognized Superintendent Christopher Hottel for his term serving the North Andover School system and commented that he appreciated the working relationship that the School Department and the Town had during his term. We wish him well in retirement and his future endeavors. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:16 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board i I I I' Johnson, Adele From: Kathy or Crowell [crowtuck @aol.com] Sent: Tuesday, June 26, 2012 11:38 AM To: Johnson, Adele Cc: director.nahistory@ gmail.com; membership.nahistory@gmail.com Subject: BOS Meeting July 16 Announcement Hi Adele, Could you add this to the Announcements Section of the Agenda. Thanks so much, Kathy Stevens Parson Barnard House will be open on Saturday, August 4th from 11 to 3 PM.. Sat, August 4, 11 am — 3pm j Come visit North Andover's favorite historical landmark as our guest. No admission charge. Self guided Tours of the house along with knit and spin along on site. Historical items available for purchase from our gift shop. In the event of bad weather, please call 978 685 2304 after 10 am to check for cancellation. The house will be open regardless of weather but special activities will have a Sunday rain-date. Please no tie Massachusetts S)e,crrat rry of stai("s Office has determined that rnosi emair s XP Ganef(€orn rrwnicipal afl;c,e,,.,a n,offidal; are pr.rhhc, eccro,;; For mere information please,refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before,prjnting ti)is ernaii. I _i i i 1 Consent Items JOHNSON& n(� ark B. Johnson(MA,NH,DC) ETC �T LJ 1vl o Id F. Borenstein(MA,ME,NH) ATTORNEYS AT LAW ! — Kristine M. Sheehy(MA) I�") �P �r. ��° Inise A. Brogna(MA,CA,NH) 12 Chestnut Street K thryn M.Morin(MA,NH,ME) Lorri S. Gill(MA) Andover,MA 01810-3706 - " Tel: 978-475-4488 OFRG �1 � 1 ° ���� �chelle D. Bazin(MA,Co,NY) Fax: 978-475-6703 Michael A. Klass(MA,NH) www.jblIclaw.com michelle @jbllclaw.com of Counsel Robert W.Lavoie(MA,NH) Paralegals Karen L. Bussell Danielle R. Corey Lianne Patenaude Ellen M.Melvin June 21, 2012 Board of Selectmen Town of North Andover 120 Main Street North Andover, MA 01845 Re: Merrimac Condominiums—Conservation Restriction Dear Members of the Board of Selectmen: This firm represents Berry/114 Company, LLC in connection with the above-referenced matter. I've enclosed a copy of the Conservation Restriction that was presented to the Conservation Commission for approval and signature at their meeting last night. The original signed Conservation Restriction is being held by Donna in the Conservation Commission's office. We kindly request that approval of the Conservation Restriction be put on the agenda for the Board of Selectmen meeting scheduled on July 16, 2012 at 7:OOPM. Carol McGravey will coordinate with the Conservation Commission office and Jennifer Hughes in getting the original Conservation Restriction to you for signature by the Board. Please feel free to contact me or Don if you have any questions. Very truly yours, JOHNSON & BORENSTEIN, LLC Michelle D. Bazin Enclosure cc: Carol McGravey, Esq. Jennifer A. Hughes, North Andover Conservation Administrator Peter Hingorani, Berry/114 Company LLC II Hughes, Jennifer From: Hughes, Jennifer Sent: Thursday, June 21, 2012 10:16 AM To: Johnson, Adele Cc: Bellavance, Curt; 'Carol McGravey' Subject: CR for Merrimac Condominiums Adele, The Conservation Commission approved a Conservation Restriction on property on Berry and Turnpike Streets required under an Order of Conditions issued under DEP File#242-1428 and DEP File#242-1407. Carol McGravey has reviewed the restriction and EOEEA has accepted the language.The Restriction will require BOS approval as well. I am out next week so will send the signed copy to you.You should receive a request from Atty Bornstein's office to place the matter on the selectmen's agenda. I am here today if there are any questions but will be out starting tomorrow through July 2. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Bldg 20 Suite 2-36 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688.9556 Email ihughes @townofnorthandover.com Web www.TownofNorthAndover.com 1 i URBELIS&FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 Telephone 978-475-4552 CAROL HAJJAR MCGRAVEY Telephone 617-338-2200 OF COUNSEL Telecopier 617-338-0122 e-mail chmra uf-law.com LI JUL 162012 June 20, 2012 ,...d..,..mri OFFICE OF TOWN MANAGER Board of Selectmen North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: Conservation Restriction Merrimac Condominiums Berry and Turnpike Streets Dear�./lembers of the Board: Please be advised that we have reviewed and approy,e as to form the Conservation 1\-estri,tion on the above-referenced property that was signed by the Conservation Co imission on June 20, 2012. If you have any questions, or if there is anything else that you need, please let me know. Very truly yours, Carol Hajjar f`cGravey CHM/saf cc: Jennifer Hughes Curt Bellavance w:A wp511m-ork\n-ando-,con'espASelectmen-conacrvati oil restriction.doeN i i (Space Above this Line Reserved for Registry of Deeds) CONSERVATION RESTRIC'T'ION TO TOWN OF NORTH ANDOVER I. Grantor Clause: Berry/114 Company, LLC, a Massachusetts limited liability company, with an address of 51 Mount Joy Drive, Tewksbury, MA 01876, and its successors and assigns ("Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, grants, with quitclaim covenants, to the Town of North Andover, a Massachusetts municipality with an address of 120 Main Street, North Andover,MA 01845,to be held by its Conservation Commission pursuant to MGL Chapter 40, Section 8C, its successors and permitted assigns ("Grantee"), in perpetuity and exclusively for conservation purposes, the following described Conservation Restriction (hereinafter, the "Conservation Restriction") on a parcel of land of approximately 8.3 acres located in the Town of North Andover, Massachusetts, said parcel being described in Exhibit A attached ("Premises"). For Grantor's title, see Essex North Registry of Deeds, Book 4158, Page 216 and Book 10184,Page 278. This Restriction is being established under Conditions set forth in the Town of North Andover Conservation Commission Wetlands Act Under Condition No. Wetlands Act Order of Conditions DEP File#242-1410 (Lot IN-A), DEP File#242-1409 (Lot 2N-A), DEP File#242-1408 (Lot 3N-A) or DEP File No#242-1407 (Lot 4N-A), respectively recorded in the Registry at Book 11044, Page 32; Book 11044, Page 58; Book 1044, Page 84; and Book 11044, Page 110, as modified by Book 11044, Page 135, or DEP File#242-1428 (Lot 4N-A, condominium development) recorded at Book 12184, Page 244. II. Purposes: The Premises, comprised of approximately 8.3 acres of land, contain unusual, unique or outstanding qualities the protection of which in their predominately natural or open condition will be of benefit to the public. These properties include: Priority and Estimated Habitat for the Blanding's Turtle (Emydoidea blandingii), a state-protected species listed as Threatened pursuant to the Massachusetts Endangered Species Act (MESA) (G.L. c. 13 IA-3 and 321 CMR 10.23). I III. Prohibited Acts and Uses Exceptions Thereto and Permitted Uses: A. Prohibited Acts and Uses_ Subject to the exceptions set forth in Paragraph B below, the Grantor will neither permit nor allow others to perform the following acts and uses, which are prohibited on, above and below the Premises: 1. Destruction or disturbance of vegetation(cutting, removing or otherwise destroying trees, shrubs, grasses or other vegetation), unless permitted for maintenance, elimination of invasive species or the like by the Conservation Commission; 2. Constructing or placing of any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, fences, asphalt or concrete pavement, sign, billboard or other advertising display, antenna, utility pole, tower, conduit, line or other temporary or permanent structure or facility on, below or above the ground on the land; 3. Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock, or other mineral substances or natural deposits on the land; 4. Placing, filing, storing, or dumping on the Premises of refuse, trash, compost, yard waste, vehicle bodies, or parts, rubbish, debris,junk, solid or chemical waste or the installation of underground storage tanks or other unsightly or offensive substance or material whatsoever on or below the land; 5. Disruption, removal or destruction of any fencing or signage delineating the Premises subject to this Restriction; 6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, prevention of pollution, protection of groundwater, or wildlife habitat; 7. The use, parking or storage of motorized vehicles, including cars, trucks, ATV's, motorcycles, campers, and ski mobiles, except as necessary by safety officials in the performance of their official duties; S. Further subdivision of the Premises into additional lots that could be conveyed into separate ownership, however, this provision shall not prohibit lot line adjustments among the four lots presently comprising the Property, and no portion of the 2 I i Premises may be used towards building or development requirements on this or any other parcel, 9. Camping, fishing or trapping; hunting excepting for limited archery hunting for deer in accordance with applicable law, the Town of North Andover's Conservation Commission policy and the Town of North Andover's Open Space Rules and Regulations; 10. Any other use of the Premises or activity which would materially impair significant conservation interests unless necessary for the protection of the conservation interests that are the subject of this Conservation Restriction. B. Exceptions to Otherwise Prohibited Acts and Uses. The following acts and uses otherwise prohibited in subparagraph A are permitted but only if such acts or uses do not materially impair conservation interests: 1. selective cutting or pruning of trees and vegetation to maintain access to and over existing footpaths located thereon; 2. selective cutting or pruning of trees and vegetation for protection of persons and property from imminent risks of harm or damage to persons and structures with written approval of the Conservation Commission; 3. construction of walls or necessary boundary markers on the "Conservation Easement Area" upon written consent by the Conservation Commission, such consent not to be unreasonably withheld, so long as such walls or necessary boundary markers do no interrupt the safe passage and migration of the Blanding's Turtle; 4. conduct or permit wetland replication, reforestation, grading, installation of stone walls, installation of signage, maintenance of all such items, and such other work and activities as are required or permitted under Massachusetts Wetlands Act Order of Conditions DEP File#242-1410 (Lot 1N-A), DEP File# 242-1409 (Lot 2N-A), DEP File#242-1408 (Lot 3N-A) or DEP File No# 242-1407 (Lot 4N-A), respectively recorded in the Registry at Book 11044, Page 32;Book 11044, Page 58; Book 1044, Page 84; and Book 11044, Page 110, as modified by Book 11044, Page 135, or DEP File# 242-1428 (Lot 4N-A, condominium development)recorded at Book 12184, Page 244. 3 I 5. such actions that are required or permitted by the Commonwealth of Massachusetts Division of Fisheries & Wildlife SP Tracking No. 07-21329). C. All acts not specifically allowed are prohibited unless approved by the Grantee in writing after a finding that such activities are not inconsistent with the values protected herein. IV. Legal Remedies of the Grantee: A. Legal and Injunctive Relief The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to its condition prior to the time of the injury complained of(it being agreed that Grantee shall have no adequate remedy at law), and shall be in addition to and not in limitation of, any other rights and remedies available to Grantee. B. Reimbursement of Costs of Enforcement The Grantor, and thereafter the successors and assigns of the Grantor, covenants and agrees to reimburse Grantee for all reasonable costs and expenses (including without limitation counsel and engineering fees) incurred in enforcing this Conservation Restriction or in remedying or abating any violation caused by the Grantor thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. C. Grantee Disclaimer of Liability By its acceptance of this Conservation Restriction, Grantee does not undertake any liability or obligation relating to the condition of the Premises not directly caused by the Grantee, their agents or assigns. D. Severability Clause If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. 4 E. Non-Waiver Any election by the Grantee as to the manner and timing of its rights to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. V. Access. The Conservation Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Premises, except there is granted to the Grantee, its representatives and the Commonwealth of Massachusetts Division of Fisheries& Wildlife, the right to enter the Premises at reasonable times and in a reasonable manner for the purpose of inspecting the same to determine compliance herewith. VI. Extinguishment: A. Grantee's Receipt of Property Right. Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in Grantee, with a fair market value that is at least equal to the proportionate value that this Conversation Restriction bears to the value of the unrestricted Premises at that time. B. Value of Grantee's Property Right Said proportionate value of the Grantee's property right shall remain constant. C. Grantor/Grantee Cooperation Regarding Public Action Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then Grantor and Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. D. Allocation of Expenses upon Disposition All related expenses incurred by Grantor and Grantee shall first be paid out of any recovered proceeds, the remaining proceeds shall be distributed between Grantor and Grantee in shares equal to such proportionate value. E. Continuing Trust of Grantee's Share of Proceeds of Conservation Restriction Disposition 5 Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes of this grant. V11. Assignability: A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against Grantor and it successors and assigns holding any interest in the Premises. B. Execution of Instruments Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction. C. Running of the Benefit The benefits of this Conservation Restriction shall be in gross and shall not be assignable by Grantee, except in the following instances from time to time: (i) as a condition of any assignment, Grantee requires that the purposes of this Conservation Restriction continue to be carried out-, (11) the assignee, at the time of assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and under Section 32 of Chapter 184 of the General Laws, as an eligible donee to receive this Conservation Restriction directly-, (iii) Grantee complies with the provisions required by Article 97 of the Amendments to the State Constitution. VIII. Subsequent Transfers: Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which Grantor conveys any interest in all or a portion of the Premises. IX. Estoppel Certificates: Upon request by Grantor, Grantee shall within twenty (20) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies the Grantor compliance with any obligation of the Grantor contained in this 6 Conservation Restriction. X. Effective bate: This Conservation Restriction shall be effective when Grantor and Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in the Registry of Deeds, or if registered land, it has been registered with the Land Court. XI. Miscellaneous: "Approval of this Conservation Restriction pursuant to M.G.L Chapter 184, Section 32 by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non- existence of any pre-existing rights of the public, if any, in and to the Premises. Any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction." XII. Recordation: The Grantor shall record this instrument in timely fashion in the Essex North Registry of Deeds. i XIII. Amendment: If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction with the approval of the Secretary of Energy and Environmental Affairs, provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General Laws of Massachusetts, and Article 97 of the Amendments to the State Constitution and any amendment shall be consistent with the purposes of this Conservation Restriction, and shall not affect its perpetual duration. Any such amendment shall be approved by the parties herein and recorded in the Essex North Registry of Deeds. XIV. Acts Beyond Grantor's Control: Nothing contained in this Restriction shall be construed to entitle the Grantee to bring any action against the Grantor, for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, road drainage, flood, storm, natural erosion, or from any prudent action taken by the Grantor, under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. Notwithstanding the 7 foregoing, nothing herein shall preclude Grantor's and Grantee's rights to pursue any third party for damages to the Premises from vandalism, trespass, or any other violation of the terms of this Restriction. XV. Notices: Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: Pribhu (aka Peter)L. IFEngorani, Manager Berry/114 Company, LLC 51 Mount Joy Drive Tewksbury, MA 01876 With Copies to: Donald F. Borenstein Johnson&Borenstein, LLC 12 Chestnut Street Andover, MA 01810 To Grantee: Town of North Andover Conservation Commission 120 Main Street North Andover, MA 01845 With Copies to: Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 or to such other address as any of the above parties shall designate from time to time by written notice to the other or that is reasonably ascertainable by the parties. XVI. General Provisions: A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of 8 Massachusetts General Laws Chapter 184, Sections 31-33. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. Executed under seal this 2 day of 20 Berry/1 14 Company, LLC, a Massachusetts limited liability company By: Pn'bhu (aka Peter) ��g6ra-nj', Mana'g'e'-r' COMMONWEALTH OF MASSACHUSETTS ss. On this'271-1-1�4-- day of n.Ao-c 20 ( -Z before me, the undersigned Notary Public, personally appeared Pribhu (aka Peter)L. I-Engorani, as Manager of Berry/114 Company, LLC, proved to me through satisfactory evidence of identification which was ( 0<p7c,11rA e to be the person whose name is signed on the preceding document, and acknow dg­ed to me that they signed it in their stated capacity, duly authorized, and voluntarily for its stated purpose. F. Notary: otary Publl-c- My Commission Expires: 4 9 APPROVAL BY SELECTMEN We, the undersigned, being a majority of the Board of Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on I 12—, the Board voted to approve the foregoing Conservation Restriction to the Town o orth Andover as being in the public interest pursuant to M.G.L. Ch. 184, sections 31-33. s � I a� COMMONWEALTH OF MASSACHUSETTS Essex, ss. ®n this day of 20 / , before me, the undersigned Notary Public, personally appeared LJ proved90 me through satisfactory evidence of identif cat n which wa to be the person(s)whose name(s) is/are signed on the preceding ikcument, and acknowledged to me that(he)(she)(they) signed it in their stated capacity, duly authorized, and voluntarily for its stated purpose. otary Public My Commission xpires: I I ADELE J.JOHNSON NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires Dec.14,2018 II I 11 I I ACCEP'T'ANCE OF GRANT The Conservation Restriction set forth above from Berry/114 Company, LLC, is accepted this ao lrh day of ��,v� , 20 b The Town of North Andover Conservation Commission COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 0"""day of rJ� , 20 , before me, the undersigned Notary Public, personally appeared 40,�C A ,�J�r GAeerp /)�.d Z J7 ? proved to me through satisfactory evidence of identification, which was p89.00416 ��(e�s t�r��� , to be the person(s)whose name(s) is/are signed on the preceding document, and acknowledged to me that (he)(she)(they) signed it voluntarily for its stated purpose as 4 c, r o fijie- for the Conservation Commission for the Town of North Andover. Notary Public My Commission Expires: DONNA M.WEDGE NOtARPUBUC 10 Ju6 15,2016 APPROVAL,BY SECRETARY OF ENERGY AND ENVIRONMENTAL MENTAL, AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Town of North Andover has been approved in the public interest pursuant to M.G.L. Ch. 184, Section 32. I Date: 120 Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this day of 20 , before me, the undersigned Notary Public, personally appeared , proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the preceding document, and acknowledged to me that they signed it in their stated capacity, duly authorized, and voluntarily for its stated purpose. Notary Public My Commission Expires: I 12 Exhibit A PROPERTY DESCRIPTION 8.3 acres of land located off of Turnpike Street and Berry Street in North Andover, Essex County, shown as Conservation Easement on a plan of land entitled "Conservation Easement Plan, hots 1N-A thru 4N-A, North Andover, Mass., By Patrick C. Garner Co. Inc.", dated Nov. 18, 2007 recorded on April 7, 2008, at the North Essex District Registry of Deeds, as Plan #15920. I I I i 13 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 Name 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 a non-profit organization must have its principal place of business located in North Andover. North Andover Address of Group or Individual: met Name of Contact Person: Phone Number of Contact Person: ® F6 Email Address of Contact Person: CL ® C'e- i-0 Date(s)that Town Common use is requested: 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 `h Use Regulations. Holiday displays may be allowed from Thanksgiving Day until the following January 7 A) Is the purpose of the use of the Town Common for the public display of art, banners,signs and symbols? Yes no 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 B is yes,please complete Section 3. If the Answer to Questions A& B are both yes, please complete both Section 2 and Section 3. Section 2 Use of the Town Common for the Purpose of Display 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 the Town Common the display will be erected. i Section 3• Use of the Town Common for the Purpose of Conducting an Event Please describe the nature and purpose of the event: P,- on ak"S + c e- The event will begin at tZ a.m./ and end at a.m.16--m—) In total, how many individuals do you anticipate attending the event? LOO At any one time during the event,what is the maximum number of people expected to be on the common? L 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: & LA C-'.E Will you be erecting any temporary structures on the common such as tents,fences, athletic equipment? If yes, please describe the size and type of structures: �jtl-r n o-° Pn-T'e-D Will you need access to electricity for this event? If yes,for what purpose: c PC Q co P%<-- 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.? 1 If yes, please provide a fee schedule and attach. Please describe where vehicles of participants in the event will park: CDC 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.: a ► �-Acv L2 P a�"' � ► oe ►C ��1 c o ,cad ► ��- 1 e d 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. Signed: Printed Name: 161 4�r Q Date: I Return completed application to: Town Manager's Office North Andover Town Hall 120 Main Street North Andover, MA 01845 (978)688-9510-Phone (978) 688-0516—Fax tmsecretary @townofnorthandover.com Town Common Application Page 3 I F E ;g E NORTH - I k TO N 2 01 TOWN OLD CENTE1 OCT 27, 2009, L, ' S� op C !_t SPINE � CID CENIER GOT;- I i I i M I I �I I I INTEROFFICE MEMORANDUM i DATE: June 27,2012 TO: Adele Johnson,Administrative Secretary FROM: Bruce Thibodeau, Director of Public Works CC: RE: St. Michael's Parish Event The Division of Public Works has no objection to the request from Rev. Kevin Deeley and Mary Anne Rock to hold a Parish Mass and Picnic on the Old Center Common on 9/9/12 from noon until 4pm. There are to absolutely no vehicles parked on the Common for this event If they need assistance from the DPW, please have,them contact my office. !! TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 To: Adele Johnson, Administrative Secretary From: Lt. John Carney Date; June 26, 2012 RE: Use of Common The Police Department recommends favorable action on the request Mary Alice Rock and St. Michael Church to use the North Andover Common on September 9,2012 for a Mass and picnic as outlined in the application. Johnson, Adele From: McCarthy, Fred Sent: Tuesday, June 26, 2012 4:00 PM To: Johnson, Adele Subject: RE: Need recommendations for event Adele, The Fire Department recommends favorable action for St. Michael's Church Picnic to be held September 9, 2012. on the Town Common. Any use of propane gas cylinders in excess of 20 Ibs in the aggregate must be permitted through the Fire Department. Any road closures or detours must be reported to the FD 1 hour prior to the start of the event. Regards, Lt Fred McCarthy Fie Prevention From: Johnson, Adele Sent: Monday, June 25, 2012 11:54 AM To: Gallagher, Paul; Carney, John; Melnikas, Andrew; McCarthy, Fred; Thibodeau, Bruce; Barry, Nancy Subject: FW: Need recommendations for event Please send me your recommendations for St. Michael Parish event held at the Town Common, 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 From: noreply@townofnorthandover.com [mai Ito:noreply @townofnorthandover.com1 Sent: Monday, June 25, 2012 11:51 AM To: Johnson, Adele Subject: 1 I TOWN OF NORT11 ANDOVER Fire Department Fire prevention Office Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Andrew,Welnikas Telephone(978) 688-9593 Fire Chief` FAX(978) 688-9594 am Inikasv ao-,townofnortiiandover.coan Lt Frederick McCarthy Fire Prevention Officer FMcCarth ,townofhorthcandover.com To: Andrew Maylor, Town Manager June 20, 2012 From: Andrew Melnikas, Fire Chief Re: Bucket Truck Donation I have had my Mechanical Liaison individual, Firefighter Dan Ryan inspect the vehicle which Mr. Frank Coady of Coady's Garage and Towing has expressed a desire to donate to the North Andover Fire Department. Said vehicle is a 2000 Ford Econoline Bucket Truck with a mileage of 28,207. Firefighter Ryan has expressed his approval of this vehicle to me. In addition Mr. Coady has checked over the vehicle thoroughly so that it is in good mechanical order. It is my hope that the Town Fathers will accept this donation without any reservations. Respectfully yours, Chief Andrew Melnikas ADYS GARAGE AND TOWING SERVICE 139 Marston Street • Lawrence, MA 01841 ® 978-685.4138 • Fax 978.685-2138 Alden Avenue, Unit 37 • Greenland, NH • 603.433.4447 1 am in possession of a 2000 Ford Econoline Bucket Truck which has 28, 207 miles currently on it. It is my desire to donate this vehicle to the North Andover Fire Department. Please contact me should you have any further questions. Sincerely yours, Frank Coady Coady Garage and Towing 139 Marston St Lawrence , Mass 01841 14 Trucks to serve you • 46 Foot Hydraulic Low Bed Trailer • Air Cushion Recovery Service • Damage Free Bus Towing Terminals in: Boston, MA • Lawrence, MA • Portsmouth, NH 01 NOW AN! 77, EW HAMP S 1 7-3 FT ",WAKE MODEL y MODEL YR/,�,'��, YR,.'OF MFG�. CATION NO. VEHICLE IDENTIFICATION FORD BODY�bly OD,91VIETER 'DATE b`F ISSUE' US D T�iTL m 0,51, E -2 Z6 85 9 a A UA'L 't] E N'6. 0 R E,,V"T IT,IL WAILINGADPRESSr„ � 94 ol 00 ol c 0 t T'l Q WH 1r ' �MOUN TASN” U, PREV,TITLE STATE F- p P m 5 OWNER(S) A NAME ANG,.DDRESS,, 'LLC- A B�LE Cla , Abb 0 T, Zl 3 uu 7- VER­R1 23 L--EN 4 FIRST LIENHDLDER SECOND S, ' D,A )L6ER NA'M AN DDRES LIENHC N, Z ig ' RELEASE OF UhN, E THAT THE LIEN RELEASED;', CERTIFICATE DOES HERE Al I�I HOLD�EAbN THE VE'HICLE'DES'CRIBED IN�THit,Cill THE LIEN ? DATE "x 'SIGNATURE OPAUTHURIZED1GENT rl NAME m E 13 DATE rr FlR9VINAME ''1 x SIGNATURE 0 �AUTHORIZED R S,THAT�jkEA qk,8,THE�'OWNE EREIN NAMED b .�,�REGisTERED 'THE-WISio Oi6k' Y,,CEIFITIF!�� WITH VEHICLES'HEHhts . F`THE`OWNER AWb'THE'RECORDS ON B 96'.,,`4BOVIE;'AND,THkT,FROM TI E/,STATEMENTS�O AND NO OTHERS.� HE-VIEH LL Utb iED IS SUBJEdt.-T&THE LIENS ENUMERATED;, lFANY, THE VEHICLE DESQRIE DIVISION,TI n- C :x ,/`�, VIRGINIA C`BEECHER ONtROL.NUMBER DIRECTOR 1 41, BILL OF SALE I 145 MARSTON STREET, INC. d/b/a/ Coady's Garage and Towing 139 Marston Street Lawrence, MA 01841 TEL. 508-685-4138 DATE ��',�- 7 Sold to /�airJ/V a� &W4 N U t? ed Address City and State NEW YEAR: MAKE: TYPE: USED / /-,000 MOTOR 9 SERIAL H 110L20,6-,Z10 PRICE OF GAR OR TRUCK EXTRAS TOTAL CASH PRICE DEPOSIT ON ORDER USED CAR ALLOWANCE TOTAL TOTAL CREDITS YEAR: TRADE IN: MAKE: TYPE: MOTOR # SERIAL# PREVIOUS OWNER: ADDRESS: STATE: TOTAL PRICE OF CAP OR TRUCK 1v do e PURCHASER: ADDRESS: AUTHORIZED BY: BOLL OF U2 LE 5145 D ANSTOO N STREE`, MC. d/b/a/ Coady's Gavage and TwWWng 139 Marston Street Lawrence, MA 01841 TEL. 508-685-4138 DATE Sold to /tea i�JN o ��i� lz�N C/o t)e e Address CHy and State- /I/'q /yCYO l/P�Gf i �74 O/F� NEW YEAR: MAKE: TYPE: USED 7_0 oo MOTOR k SERIAL# I PRICE OF G,4fR OR TRUCK EXTRAS TOTAL CASH PRICE DEPOSIT ON ORDER USED CAR ALLOWANCE I TOTAL TOTAL CREDITS YEAR: TRADE IN: MAKE: TYPE: MOTOR # SERIAL # PREVIOUS OWNER: ADDRESS: STATE: TOTAL PRICE OF CAP OR TRUCK /t/v alp v �� PURCHASER: ADDRESS: AUTHORIZED BY:I l Johnson, Adele From: Hughes, Jennifer Sent: Tuesday, July 17, 2012 12:32 PM To: Johnson, Adele Cc: Tymon, Judy; Gaffney, Heidi; Bellavance, Curt Subject: RE: Recommendations needed -BOS Attachments: 20120717120237035.pdf Adele, This would likely require the permission of the Conservation Commission and in my opinion would not be allowable on at least half of the field. Please see the attached plan that shows the wetland delineation for that field. Approximately half of the field is bordering vegetated wetland and the 25' No-Disturbance Zone. Annual mowing is allowed to maintain field habitat, but nothing else is allowed to occur in this area. The remainder of the field is in the 100' Buffer zone for which the commission must permit activity. The planning board also has jurisdiction here under watershed and you may wish to consult the water department as all of this land is in the Zone A to the lake.The potential for cars leaking fluids and erosion within 100' of a wetland that drains to the lake could be an issue. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Bldg 20 Suite 2-36 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688.9556 Email ihughes @townofnorthandover.com Web www.TownofNorthAndover.com From: Johnson, Adele Sent: Tuesday, July 17, 2012 12:10 PM To: Hughes, Jennifer Cc: Gaffney, Heidi Subject: FW: Recommendations needed BOS Hi Jennifer and Heidi, The attached document is a request to hold a car show at Mad Maggie's Ice Cream on 1025 Osgood St. The Board of Selectmen approved this request contingent on,your recommendation that this would not be a problem with vehicles parking on the grass behind that building. This land does access the water. Please send me your comments as soon as possible so that we may contact the applicant. Thanks, Adele J. Johnson 1 ''yam / gZCT ° 10'. Z�lv DEBRIS PILE ZME —T22 �� / �,�s ;f \ X11✓ \ / -- � / .�_>m_-- \ \\ MAP 35 LOT 50 �!' �/ "� •& :\ \ \\ 138,729 Sq.Ft 3.185 Ac. 1p le —126— WETLAND,BOUNDARY CONFIRMD BY WEST V, \ ENVIRONMEMAL,INC. I g \ } n� j \Q „`��CCrr Si ON 10/19/10 \ Pd \ °.sl ( V —— —— � • ` � ,PYx 1 1 y> „•a �� � 1 — � C——�fi- _'__—'�-__—�a a`�o.E _�f�=rfy=_ ,sywc�,..s� — 3g��: e`/n�.a/ >sy\�\�� , i / 1` \\, „ rte—a——�I�r _ —_ —— — _ 3g• �" ��'� °ryN.S ? °'Ps fi I �� —— -- _—_——__ b ——_ � q —�,,.—='�E�yrt / �o�.;gar >,. •��,"" .,y " \\ '�of °�°j fi �w"'hW cartca .•'' � w,scn ta.crterc w.wr- m # „w o I 1 \ `° /�\\ �7�`> >e ti� / y„ ,artrx"nrc ��t P y��-r--"gr�7e'yt a*r•m 'y.' ro"`�'"}i"r°h`jwlro�„"a.c� r"•ros I'6 i ��Wrt � yr i �>y/ .N� ` / , r` - � Gtr ,>}n V a.yst 4` � � i / ,P. I � � � I \ +•>/ ,°�i l `�;i;'sfr „n R"oxo,,,y "mow 1J ` �� .w°`"roea.'��< om / ++'twee X91 E ?. 1 \ y'•,p� %7_ MAP 35 LOT 20 auz,.;eu_xcz .:d°ez N/F GREAT POND CROSSING, NORTH ANDOVER.TURNPIKE STREET DOVER. MA 01845 f �`a°�% \\a% J/ m.>+j°u� s.(r` •9F+' y^"" zs'von I 1 \'`1 Inc— I June 27, 2012 To Whom It May Concern, We are writing this letter to obtain permission to host a car show on September 9, 2012 between the times of 1:00 pm and 5:00 pm at Mad Maggie's Ice Cream on 1025 Osgood St. in North Andover. The show cars will be parked around the building in the adjacent parking spaces and the spectator cars will be parked in the grassy area behind the building.The monies collected will be put back into the car show to provide drinks,food, and entertainment, including music by a private DJ,and trophies/prizes awarded to cars for a variety of reasons. Thank you, Josue Spinosa 40 Trenton St. Lawrence Ma 01841 (978)360-5560 mac[ maggies 1 u2� ossgooc[ st nornn anaover mass v 154:) - Uuugie MaPd i To see all the details that are visible on the screen, use the"Print"link next to the map. V'r , VI 'r'�- �'" f.°�' � '�4 ✓. �'-�° `+fib' ., �^ � e-� ` r �t'�d •,'� �-�s1. a xs.. �..., .; a� Al 3 http://maps.google.com/maps?hl=en&q=mad%20maggies%201025%20ossgood%20st%2... 6/25/2012 Johnson, Adele From: Carney, John Sent: Wednesday, July 11, 2012 8:26 AM To: Johnson, Adele Subject: RE: Recommendations needed this week for BOS agenda The Police Department recommends favorable action. i Lt.John Carney Operations Divison Commander North Andover Police Department 1475 Osgood Street North Andover,MA 01845 Phone 978.683.3168 Fax 978.686.1212 Email icarney@napd.us Web www.TownofNorthAndover.com s' �s From: Johnson, Adele Sent: Tuesday, July 10, 2012 12:06 PM To: Gallagher, Paul; Carney, John; Melnikas, Andrew; McCarthy, Fred; Thibodeau, Bruce; Barry, Nancy Cc: Maylor, Andrew Subject: FW: Recommendations needed this week for BOS agenda Attached is a request from Jose Espinosa requesting permission to host a antique car show on September 9, 2012 between 1:00—5:00 pm at Mad Maggies Ice Crearn on 1025 Osgood Street. They have permission from the business owners of the complex. Mr. Espinosa can be contacted at 978-360-5560 if you need further information. 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 aiohnson2townofnorthandover.com Web www.TownofNorthAndover.com 1 Johnson, Adele From: McCarthy, Fred Sent: Wednesday, July 11, 2012 1:41 PM To: Johnson, Adele Cc: Fire Lts Subject: RE: Recommendations needed this week for BO S agenda Adele, The Fire Department recommends favorable action for an antique car show at Mad Maggie's Ice Cream at 1025 Osgood St on September 9, 2012. The responsible party shall notify the Fire Department just prior to the event. The Fire Department must have complete access to this building in the event of an emergency. Regards, Lt Fred McCarthy Fire Prevention From: Johnson, Adele Sent: Tuesday, July 10, 2012 12:06 PM To: Gallagher, Paul; Carney, John; Melnikas, Andrew; McCarthy, Fred; Thibodeau, Bruce; Barry, Nancy Cc: Maylor, Andrew Subject: FW: Recommendations needed this week for BOS agenda Attached is a request from Jose Espinosa requesting permission to host a antique car show on September 9, 2012 between 1:00—5:00 pm at Mad Maggies Ice Cream on 1025 Osgood Street. They have permission from the business owners of the complex. Mr. Espinosa can be contacted at 978-360-5560 if you need further information. 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 alohnson @townofnorthandover.com Web www.TownofNorthAndover.com w q}M; From: noreply @townofnorthandover.com [mailto•noreply(d-townofnorthandover.coml Sent: Tuesday, July 10, 2012 11:56 AM To: Johnson, Adele Subject: 1 • ti+�11TD loy ON INTEROFFICE MEMORANDUM DATE: July 10, 2012 TO: Adele Johnson, Administrative Secretary FROM: Bruce Thibodeau, Director of Public Works CC: RE: Antique Car Show The Division of Public Works has no objection to the request from Mr. Jose Espinosa to hold a car show at Mad Maggies Ice Cream on September 9, 2012, from 1:00pm until 5:00pm. COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM TO: Andrew W. Maylor,Town Manager FROM: Curt Bellavance, Director RE: Affordable Unit Resale DATE: July 9, 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 at Kittredge Crossing and Maplewood Reserve. 180 Chickering Road, Unit 303C at Kittredge Crossing 1305 Basswood Circle at Maplewood Reserve 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 units. 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 July 28 for Unit 303C and August 8 for 1305 Basswood. 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 01.845 Phone 918.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com i TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 I I FLED William F. Gordon, Chairman � Rosemary Connelly Smedile ,a ' Donald B. Stewart Richard M. Vaillancourt Tracy M, Watson PROCLAMATION WHEREAS, Christopher Boshar was born and raised in Massachusetts and is now a resident of North Andover; WHEREAS, Christopher Boshar graduated fi°om Chelmsford High School in 2004 and from the University of Massachusetts in Amherst in 2009 with a BS Landscape Architecture; WHEREAS, Christopher Boshar was employed by Boston Capital, Inc. as a technical underwriter and volunteered at special events at the Boys and Girls Club in Lawrence and at Rosie's Place; WHEREAS, Christopher Boshar is an outdoorsman and very patriotic and enjoys reading, history, construction, real estate investing and healthy living; WHEREAS, Christopher Boshar was in a boating accident on July 4, 2011, that left him severely injured; WHEREAS, Christopher Boshar's perseverance, determination and commitment to his recovery is an inspiration to his family,friends and everyone who knows him; WHEREAS, it is most fitting and proper to honor and recognize Christopher Boshar as a hard working, dedicated, and well-loved resident of the Town of North Andover. WHEREFORE, we, the North Andover Board of Selectmen, do hereby proclaim, and the clerk shall duly record, that July 21, 20012, is " CHRISTOPHER BOSHAR DAY " So proclaimed by vote of the North Andover Board of Selectmen this 16th day of July, 2012. William F'. Gordon Chairman From: Gordon, William Sent: Thursday, June 28, 2012 10:54 AM To: Robertson, Karen Subject: Fwd: Proclamation please Hello Karen, Welcome back from your vacation. Please see below. Could you get Mr. Savastano a proclamation form the BoS foe July 21 st. John if you could coordinate what you need with Karen when she returns from vacation on 7/9. Thank you, Bill Begin forwarded message: From: "IKNOWAGUY eomcast.net" <IKNOWAGUYgcomcast.net> Date: June 26, 2012 2:27:04 PM EDT To: "Gordon, William" <wgordongtownofnorthandover.com> Subject: Proclamation please Bill, I am involved in a fund raiser for Chris Boshar from town. He was paralized in an accident last year, and we are trying to raise some much need money for he and his family. I, along with others are holding the benefit on July 21 at the Zorvino Vinyards in Sandown NH, (donated) from eleven am to four pm. I would very much appreciate a proclamation declaring July 21st in his honor. Let me know if there is anything I need to do to move this forward, I have talked to Stewy and he asked me to bring it to you this way. John Savastano Deputy Director N.A.E.M.A. 978-886-1695 e�as,a note th,O it 5 ��,,�.�..+i„ . _:� .r�_f,�s a,.st 5 0�+.,t.hu3;>dcte gained th,,,t„�a�; .r��a',:;;to„nd rgrn ri�,.,�lcip��� :> ��, s .3� 1 offidais<. Public le(,mw; i f Wig cll ;�,e r(-fH to.http://www sec.state ma.us/pre/preid.,htm. W eLL";e coQ (IE;:' h a t, is error il- 2 Christopher was born. and raised in Massachusetts. I l.e a duated from. Chell.iisl'lord High in 2004, and in 2009 froni LJMass Nt-nherst with as BS in Landscape Architecture. He is Surrounded by a, large nem,,ork. of friends and a caring Eamily. I as father Vin, sister Rebecca, and step-niother Kelly live in Chelmsford, an.d leis mother Ka I thy and'step-l'affier Steve live in. North Andover, He is in. as relationship with his committed oirlfriend of four years, Sarah Paulson, who has and. continues to be a strong support 60r Chris. Chris has a deep love fl or family, — a.l\vays lending a hand. or giving W encouragement. He has as wide, diverse group of friends. One of his friends said, "Onee you nieet Chris, VOLI know lie's going to be `theme there is anyone your best friend for IN` ." Another ftiend said., who can beat this in.jury, it's Chris. He is the most amazing, r trustworthy, personable, lo��al and. best friend that as person. call. have!"' Ile was ,,C-1 technical underwriter apt .1-3oston. C"apital, Boston. prior to his injury. 'fh1.S conipany a.1,101. its employees have been an aniazing support to Ctiris -- both emotionally and finanicially. He is very patriotic. From day one, he requested. to have an American Flag hung properly ii-i his hospital root'n, as a symbol oil' strength an(d COUrage, lie later explained. Chris has a deep interest in history and the military. Ile is a ferocioils reader —j utst finishing Ui,ibroken. (L�Rlra, Hillenbrand), A 11if story of L,ouis Zarnperini a WWII POW. Louis' photo was also atriong the first things Ile requested to have displayed in his hospital roorn as a symbol of patience, perseverance and overall. mental toughness. Ile admires Cleorge Patton as an inspirational Ari,)erican leader. f Icy h.as a love of those with experience --- especially older people who have life stories to share. He loves -nee, things, construction, real estate and livinicy. Ile is an outd(,)orsnian investing, flin-iily, la is and healthy W t� and hiked the Prt-sidential Traverse or, JUne 1 S, 201 1 his 25th birth.day. Chris spent twenty-three days in the N' .J (surgical, intensive care t�l unit) at Mass General. While there, he fought pneunl.onia, ..U-1 sore infection, sur,(,�,ery, press ie and the emotional acceptance of' paralysis, Orr July 25"', he N�vas air tuansported to the Stiepherd Center i.n .Atlanta to participate in aggressiAl,,e th.er apy, For till next Z:n 90 days, Chris developed pneumonia, infections and endured as pressure sore that resulted in flap surgery. Despite these odds, Chris continued to push himselfto participate in physical and occupational therapNe to help regain function. On November 8t1-1, Chris ,"ias transported back to Massachusetts and spent 20 days at the Whittier Rehabilitatio.n Hospital as a tra nsition. from an acute hospital to home. He is now living in an apartment with his girl- friend, acijacent to his Mother's home. Chris is focused. on the Ultimate opal of walking. Ile's participating in every type oftherap�'. Ile is a client f"or physical therapy at Journey Forward a gym that specialized in spinal cord injuries. Ile is workilT with as private trainer NA/ho specializes in spinal cord iniUry, He is participating in a then'Apeutic procram at Boston �, I t-11 z:1 Medical. He is also open to arid par It icil.- afing in a variety of modalili.,(I-s including prayer, acupunCtUre and energy healing. In addition to OUt of the h.ome then1py, Chris will be coritinuing r therapy civil), apt his in-home gym with the following equipment, EES tillc I [La ej,�Ctrical , jyjuht ig!i Li rn aLiq leg bike. This -(L- qLq- j, _�L_ _ L _JE _ bike has proven to relax muscle spasnis, prevent or retard disuse atrophy, increase local blood circulation arid maintain or increase range of motion, Gfidvr/Standino Machine. "I'll-iis nil,,tchine is meant to enable standing with a Function --- gliding. 'I'he rl,,achines provides Lipper arid lower body strei-igthening, Standincr will also strenothen the L_ Z� bones and improve spasticity, reduces pressure sores and a host of other i-nedical benefits. Matts. Matts will enable Chris's personal care assistant to provide physical therapy such. as stretcl in on. the o ff hours ol"therapy in a 9 gyrn with a. pro,fessional. T E C09btW09M)EALW 0T WASSAMSE77S WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH SS. ESSEX To either of the Constables of the Town of North Andover GREETING: In the name of the Commonwealth,you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to vote at: PRECINCTS ONE TO EIGHT(1,2,3,4,5,6,7,8) NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET NORTH ANDOVER rs ON Tb'E,!t&AY,THE SIXTH DAY OF SEPTEMBER,2012 FROM 7:00 AM to 8:00 PM FOR THE FOLLOWING PURPOSE: TO CAST THEIR VOTES IN THE STATE PRIMARY FOR THE CANDIDATES OF POLITICAL PARTIES FOR THE FOLLOWING OFFICES: SENATOR IN CONGRESS FOR THIS COMMONWEALTH REPRESENTATIVE IN CONGRESS SIXTH CONGRESSIONAL DISTRICT COUNCILLOR FIFTH DISTRICT SENATOR IN GENERAL COURT PRECINCTS 1,2,3,4 FIRST ESSEX DISTRICT SENATOR IN GENERAL COURT PRECINCTS 5,6,7,8 FIRST ESSEX&MIDDLESEX DISTRICT REPRESENTATIVE IN PRECINCTS I TO 5 FOURTEENTH ESSEX DISTRICT GENERAL COURT REPRESENTATIVE IN PRECINCTS 6,7&8 EIGHTEENTH ESSEX DISTRICT GENERAL COURT REGISTER OF DEEDS EASTERN DISTRICT Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 16th day of July in the Year Two-Thousand Twelve. Ff, William F. Gordon,Chairman Rosemary Connelly Smedile Donald B. Stewart Richard M.Vaillancourt Tracy M. Watson SELECTMEN OF NORTH ANDOVER And you are directed to serve this Warrant by posting true and attested copies thereof in the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than(7)seven days before the time of said election. Constable Date A True Copy Attest—Joyce A.Bradshaw,Town Clerk TYFE C09WWON"ALDfOF MASSACVSEM WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH SS. ESSEX To either of the Constables of the Town of North Andover GREETING: In the name of the Commonwealth,you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to vote at: PRECINCTS ONE TO EIGHT(l,2,3,4,5,6,7,8) NORTH ANDOVER HIGH SCHOOL-430 OSGOOD STREET NORTH ANDOVER ON TUESDAY,THE SIXTH DAY OF SEPTEMBER,2012 FROM 7:00 AM to 8:00 PM FOR THE FOLLOWING PURPOSE: TO CAST THEIR VOTES IN THE STATE PRIMARY FOR THE CANDIDATES OF POLITICAL PARTIES FOR THE FOLLOWING OFFICES: SENATOR IN CONGRESS FOR THIS COMMONWEALTH REPRESENTATIVE IN CONGRESS SIXTH CONGRESSIONAL DISTRICT COUNCILLOR FIFTH DISTRICT SENATOR IN GENERAL COURT PRECINCTS 1,2,3,4 FIRST ESSEX DISTRICT SENATOR IN GENERAL COURT PRECINCTS 5,6,7,8 FIRST ESSEX&MIDDLESEX DISTRICT REPRESENTATIVE IN PRECINCTS I TO 5 FOURTEENTH ESSEX DISTRICT GENERAL COURT REPRESENTATIVE IN PRECINCTS 6,7&8 EIGHTEENTH ESSEX DISTRICT GENERAL COURT REGISTER OF DEEDS EASTERN DISTRICT Hereof fail not and make return;of Ili is warrant,with your doings thereon at the time and place of said voting. Given under our hands this 16th day of July in the Year Two-Thousand Twelve. William F. Gordon,Chainnan:1 Rosemary Connelly Smedile Donald B.Stewart Richard A Vaillancourt Tracy A Watson SELECTMEN OF NORTH ANDOVER And you are directed to serve this Warrant by posting true and attested copies thereof in the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than,(7)seven days before the time of said election. Constable Date A True Copy Attest—Joyce A.Bradshaw,Town Clerk w I 4- PUBLIC COPY TOWN OF NORTH ANDOVER TOWN PERFORMANCE EVALUATION INTRODUCTION A performance evaluation of the Town Manager can result in substantial increases in municipal productivity. The evaluation process itself enhances communication with the governing body and strengthens the management team. A positive or constructive evaluation will instill confidence in the Town Manger and motivate that individual to a higher level of performance. The evaluation can identify real or perceived problems and give the team an opportunity for corrective action before the problems cause serious discord. The evaluation session must reflect the thinking of the entire governing body. A carefully constructed evaluation process can be a very positive tool; it must be taken seriously and used wisely. FREQUENCY OF EVALUATION A comprehensive performance evaluation should take place at least annually. The annual evaluation should be scheduled well in advance to permit preparation time and to avoid having an evaluation scheduled due to a single problem. Ample time should be scheduled for each step in the evaluation process. Hurried sessions will not encourage communications, team building or the identification or problems. THE EVALUATION PROCESS Section I. Each member of the Board of Selectmen is to evaluate the Town Manager on each of the items listed by circling the appropriate number rating. Also provided under each major point are lines for comments. These written comments are essential in providing explanations for a rating given. RATING 11. Not enough information to answer 2. Improvement Needed 3. Satisfactory 4. Good Performance 5. Outstanding Performance Section II. Each member of the Board of Selectmen will list their overall comments. Section III. The Board of Selectmen will establish a policy statement for the upcoming fiscal year whereby the members of the Board of Selectmen will evaluate the Town Manager. The Chairman of the Board of Selectmen will compile the individual responses of each selectman into one comprehensive document that will be approved by the entire board. SECTION I PERSONAL DEVELOPMENT-An effective policy maker must develop personal characteristics, which are conductive to the smooth operation of the governing body and government. 1 2 3 4 5 4.8 Takes responsibility seriously and works hard. (Average score 4.7) 1 2 3 4 5 4.2 Is sensitive to residents, staff and media. 1 2 3 4 5 4.6 Is tactful, diplomatic and tolerant. 1 2 3 4 5 5.0 Has a positive approach to position. 1 2 3 4 5 1.0 Recognizes and learns from past mistakes. (All BOS rated 1.0) 1 2 3 4 5 4.8 Devotes time and effort to personal and professional excellence. 1 2 3 4 5 4.6 Respects opposition. COMMENTS: Respects opposition, Explains point of view, Professional and Hard worker PLANNING—In order for the government to be efficient and meet its future needs, decisions must be deliberate rather than reactionary. Planning is the instrument of deliberate action. 1 2 3 4 5 5.0 Sees the big picture—is aware of the full range of services. (Average score 5.0) 1 2 3 4 5 5.0 Thinks and plans for the long term. 1 2 3 4 5 4.8 Recognizes the need for improvement and believes positive change is possible. 1 2 3 4 55.0 Understands all major planning processes and actively participates where appropriate. 1 2 3 4 55.0 Is willing and able to prioritize competing needs. 1 2 3 4 55.0 Plans for the long term purchasing, replacement and maintenance to Town equipment. 1 2 3 4 5 5.0 Recognizes the value of excellent employee's and uses all reasonable efforts to insure that the best available individuals are recruited and hired. COMMENTS: Strong Deliberate Planner,Positioning the Town for future success 2 I I I TEAM PLAYER—Excellence in government requires teamwork. A good team member must constantly strive to cooperate with other members of the governing body. 1 2 3 4 5 4.8 Understands the importance of teamwork. (Average score 4.8) 1 2 3 4 5 5.0 Willing to develop and work toward common goals. (One Selectman rated 1.0) 1 2 3 4 5 4.8 Recognizes the efforts and accomplishments of other team members. 1 2 3 4 5 4.5 Spends the time and effort necessary'to build the team. (One Selectman rated 1.0) 1 2 3 4 5 4.8 Avoids bitter and unfair political rhetoric. (One Selectman rated 1.0) 1 2 3 4 5 4.8 Recognizes and respects that staff members are part of the team. (One Selectman rated 1.0) COMMENTS: Team Player with demonstrated ability to work with the Town's Boards and Committees Acknowledges staff accomplishments and seeks their input. �I CONDUCT AT MEETINGS—The success of a local government depends on the productivity of the meeting of the governing body. 1 2 3 4 5 5.0 Stays on the topic and follows the agenda. (Average score 4.9) 1 2 3 4 5 4.6 Abides by the rules of procedure for meetings. 1 2 3 4 5 4.8 Participates actively in the meeting. 1 2 3 4 5 4.8 Keeps comments concise and does not monopolize the meeting. 1 2 3 4 5 4.9 Prepares for all meetings. 1 2 3 4 5 5.0 Regularly attends meetings. 1 2 3 4 5 5.0 Displays a competent and professional attitude. COMMENTS: Organized, strong control of details Andrew and the Board of Selectmen are still adjusting to each other's style. Total rating average score=4.8. Note: A Rating of"I" not included (1 =Not enough information to answer) in the calculation of the average scores. 3 SECTION II Are there any other or overall comments you wish to make on the following: COMMENTS: A) Strengths Hit the ground running; has achieved a great deal in a short period of time. Detail oriented,Very intelligent and hard working Small sample but so far so good B) Improvement Improve cooperation with all Boards and Committees. Develop solutions to overcome roadblocks. C) Relevant Aspects of Town Manager's Performance Willing to participate in parades and Town events D) General Firm grasp of the Town Manager role and responsibilities. Has established control of Town departments and has a clear plan for the future of North Andover. SECTION III Please list specific objectives you would like the Town Manager to achieve in the next year. Objectives Structurally balanced budget Reduce insurance cost to Town and employees Work toward goal of sustainable government Settle Labor Contracts Make Facility Plan a reality Resolve outstanding issues to make Route 125 Sewer Project a reality Explore opportunities to outsource and consolidate service Improve and strengthen relationship with School Committee and Finance Committee Keep working to make the ESCO Project a reality '� �� ['R Dat Signature of Selectman I 4 I�� I TOWN OF NORTH ANDOVER,MASSACHUSETTS _ Police Department 1475 Osgood Street North Andover,MA. 01845 . Tel:978-683-3168 To: Chief Paul J.Gallagher From: Lieutenant Charles Gray Re: Possible Liquor Violation—McAloons Liquors On Friday May 18th at approximately 5:30 p.m., Detectives from the Criminal Investigation Division received information about an 18 year old that just made a purchase of Vodka from McAloons.As a result of an investigation by Detective Daniel Cronin and Lieutenant Charles Gray,it was determined that 18 year old Luke PESSINIS had made a handful of purchases at McAloons Liquors during the month of May 2012. PESSINIS provided a statement to Detective Cronin and Lieutenant Gray and that included the following; The first purchase PESSINIS made was with a fake New York Drivers License that he obtained via the internet. During another purchase at McAloons the clerk asked PESSINIS for backup identification, PESSINIS produced an ATM card and the clerk completed the sale. On Friday 5/18,the clerk identified as Andrew BUCO never asked PESSINIS for identification for the purchase of the vodka. On Tuesday 5/22, Detective Cronin and Lieutenant Gray met with William BUCO and Andrew BUCO at McAloons. Detective Cronin produced the false identification for the BUCO'S,who scanned the card with his ID Scanner and the scan resulted with an error message.Andrew BUCO related that he remembered PESSINIS made a few purchases with the false New York License. Possible violation follows; M.G.L. c. 138, §34,Selling or Furnishing Alcohol to Person Under 21 Officers will be available to the Licensing Commissioners regarding this matter. Respectfully, Lieutenant Charles Gray N.A.P.D.SF-000 j North Andover Police Department Incident Number: 2012000011106 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: NIA (978) ,6.183-3168 Print Date: May 30,2012 Incident Report Printed By: pgauagh Narratives for Incident Number 2012000011106? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Detective Daniel Cronin Division.Criminal in Division` Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 05/18/2012 19:46 Initial Detective Daniel Cronin Open Lieutenant Charles 05/18/2012 Gray 1. On Friday 5/18/12 at approximately 6:30 p.m., Detective Daniel Cronin spoke t telephonically. rrelated that earlier in the day she was at MCALOONS Liquors at 531 Chickering Road, when she saw a male known to her as Luke PESSINIS exit the liquor store with a large bottle of vodka.~ knows PESSINIS to be 18 years old and confronted PESSINIS. asked PESSINIS how he was able to get the vodka, to which he did not reply. PESSINIS entered his vehicle and drove away. 2. AloWthen entered the liquor store and asked the clerk if he knew that the male that just left was 18 years old. The clerk told 1W that the male had identification which he scanned and it was ok. As QW was leaving another vehicle pulled up and three males who appeared young entered the liquor store. 3. then called PESSINIS'S mother CYNTHIA and told CYNTHIA what she observed. ,related that CYNTHIA appeared annoyed that she had called her. VW was aware that PESSINIS was a St. Johns Prep student and that St. Johns prom was scheduled for today. 4. Detective Cronin relayed the information to Sgt. John Pickard. It was agreed that Sgt. Pickard would assign a patrol officer to follow up with CYNTHIA PESSINIS. Investigation to continue. Detective Daniel G. Cronin Signature-Reporting Officer Signature-Reviewing Officer --------------------------------------------------------------------- Narrative by: Sergeant Daniel Lanen Division:Patrol-Officers Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 05/18/2012 23:36 Sergeant Daniel Lanen Open 05/18/2012 On Friday May 18, 2012 at approximately 22;301 responded to 40 Hitching Post Road to speak with Karl Pessinis who had called the station in response to an earlier message left at the house. I asked Karl if he was aware of an earlier alcohol incident regarding his son Luke Pessinis. Karl stated he was aware of the incident and had talked to his son. I asked Karl if his son had a fake identification and he stated yes. I asked Karl if he took the license from his son and he repled yes. I asked if I could have the false identification and Karl handed me the fake New York drivers license number 186433314. The false document had Luke M Pressinis name and photo on it with the rest of the information false. The date of birth on the license is 08-10-90. 1 took the false identification for evidence. I asked Karl if he took the vodka purchased by Luke and Karl stated they took it and poured it down the drain. Karl was informed that Detective Cronin would be following up on the incident. He asked what was going to happen and stated his son hasn't been in trouble before. Karl was advised that there may be possible charges of Minor in Possesion of Alcohol, Minor Transporting, and Possesion of a False Identification.. Signature-Reporting Officer Signature-Reviewing Officer Incident Number:2012000011106 Page 2 of 4 PlFormSingle 03/12/12 North Andover Police Department Incident Number: 2012000011106 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: NIA (978) 683-3168 Print Date: May 30,2012 Incident Report Printed By: pgallagh ------------------------------------------------------------------------------------------------ Narrative by; Detective Daniel Cronin Division:Criminal Investigations Division Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 05/25/2012 08:40 Supplepent Detective Daniel Cronin Open Lieutenant Charles 05/25/2012 Gray 1. On Tuesday 5/22/2012 at approximately 11:00 p.m., Detective Lt. Charles Gray and Detective Daniel Cronin met with William BUCO at McAloons Liquors. Detective Cronin advised BUCO of the incident from Friday night. BUCO related that his son ANDREW BUCO was the clerk working at the time of the incident and ANDREW called BUCO when it happened. Detective Cronin showed the fak New York License to BUCO who then scanned the fake identification with the machine that was used Friday ight, which produced an error message. The error message would indicate that there was a problem with t e identification scanned. BUCO attempted to scan it several more times with the same result. • 2. Shortly thereafter ANDREW arrived at the store. ANDREW related that PESSINIS produced the New York Drivers License, he scanned it and it was ok. BUCO told ANDREW that we had just scanned the license and it didn't work. Detective Cronin asked ANDREW to process the license the same way he did Friday night. ANDREW scanned the fake ID, which resulted in the same error and ANDREW scanned it several more times with the same result. ANDREW related that PESSINI had been in the store a handful of times prior to Friday night and produced the same fake New York License. 3. At approximately 1:30 p.m., Detective Lt. Gray and Detective Cronin met with Luke PESSINIS and his mother CYNTHIA at the police department. PESSINIS related that he had obtained the fake license through a classmate at St. Johns Prep. PESSINIS knows the student a PESSINIS related that s from North Andover but does not know where he lives. PESSINIS paid cash, provided a photograph and signature that was submitted on line. PESSINIS identified the webpage fake21.ph as the website utilized to obtain the fake license.PESSINIS ordered the license in November 2011 and received it sometime in April. 4. PESSINIS related that the first time he used the fake license was at McAloons and the clerk looked at the license and asked for back up. PESSINIS produced his ATM card as backup, which the clerk accepted and PESSINIS made the purchase. On Friday when PESSINIS purchased the Vodka the clerk completed the sale without asking for identification. Investigation to continue Detective Daniel Cronin Signature-Reporting Officer Signature-Reviewing officer ------------------------------------------------------------------------------------------------ Incident Notes: Create User iD: Date&Time No Incident Notes Listed Incident Dispatcher Remarks: Create User ID: Date&Time No dispatcher remarks listed. Incident Number:2012000011106 Paoe 3 of 4 PlFormSinole 03/12112 North Andover Police Department Incident Number: 2012000011106 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: NIA (978) 683-3168 Print Date: May 30,2012 Incident Report Printed By: pgallagh Call Takers Remarks: Create User IQ: Date&Time No Caller Remarks Listed �I i i I I rr I II Incident Number:2012000011106 D—A ni A North Andover Police Department Incident Number: 2012000011106 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: NIA (978) ,6,183-3168 Print Date: May 30, 2012 Incident Report Printed By: pgallagh Incident Information Occurred Day of Date Time Occurred Day of Date Time Repotted Date Time On/From Week To Week On Fri 05/18/2012 4:0O:OOPM Fri 05/18/2012 4:00:OOPM 5/18/2012 6:30:OOPM Reported As Incident Type-Primary Arresting Officer Alcohol Violation N/A Incident Address Reporting Officer 531 Chickering Road, North Andover, MA 01845 Sergeant Daniel Lanen Sector Stat.Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other N/A Associated Persons Summary Type Name(Last, First,'MI) Date of Birth I Sex I Home Phone#1 Cell Phone# Work Phone#; Involved PESSINIS, LUKE 4/26/1994 M N/A N/A N/A ------------------- ------------------------- ---------- ---- ---------- ---------- ---------- Address: 40 Hitching Post Road, North Andover, MA 01845 Witness F- NIA ---------- -- - ---- ------ -- ---- ---------- Address: I ow Involved PESSINIS,CYNTHIA 6/19/1961 F NIA N/A N/A ----------------- - --------- ---------- ---- ---------- ---------- ---------- Address; 40 Hitching Post Road, North Andover,MA 01845 Parent/Guardian Pessinis, Karl 8/30/1960 M (978)686-5349 N/A N/A ---- -- ---------- --------- --------- ---------- ---- ---------- ---------- ---------- Address; 40 Hitching Post Road, North Andover, MA 01845 Associated Businesses Summary Type Name Primary Phone# Secondary Phone# No Associated Businesses reported for Incident M 2012000011106 Involved Officers Officer Title Officer Name Officer Type' Division Detective Daniel G Cronin Reporting Officer Criminal Investigations Division Sergeant Daniel P Lanen Reporting Officer Patrol Officers IBR/UCR Offenses Offense Number IBR Type I Chapter I Section 1, Statute lD/IBR Type Description No Incident Offenses Recorded for Incident#:2012000011106 Complaint Charges Seq`# Chapter . Section Name(Last,First,MI) Description of Offense No Complaint Offenses Recorded for Incident#:2012000011106 Vehicle Info Vehicle No Vehicle Mak4 Vehicle Model' Vehicle Year ; VIN Primary Color Secondary Colo4, Plate No. -State. No Vehicle Info Recorded for Incident#:2012000011106 Property No Property Info reported for Incident#:2012000011106 Citations Citation No Code bate Status Statute Description No Citations repo Td for Incident#:2012000 11106 Incident Number:2012000011106 Paae 1 of 4 PIFormSingle 03/12/12 'I TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Rosemary Connelly Smedile,Chairman t30RTIy William F. Gordon "'S. "A�p Donald B. Stewart to 4'y, CA Telephone(978)688-9500 Richard M.Vaillancourt * FAX(978)688-9557 Tracy M.Watson * �, •°'; 9 O'1TtD Pp+.(J 9SSACHUSEt June 13, 2012 McCracken's Liquors & Wines, Inc. Andrew Buco, Manager 531 Chickering Road North Andover, MA 01845 RE: Possible Violation Dear Mr. Buco, The North Andover Licensing Commission hereby notifies you of, and requests that you be present at, a public hearing to be held on Monday, July 16, 2012 at 7:00 p.m. Town Hall, Selectmen's Meeting Room,2 n Floor, 120 Main Street,North Andover, MA. The hearing is regarding an alleged violation of the Package Store License issued under Section 15 of Massachusetts General Laws Chapter 138 to McCracken's Liquors & Wines, Inc, Andrew Buco, Manager. This violation relates to the following alleged incident, which occurred at your establishment on May 18, 2012 at approximately 5:30 p.m.: The North Andover Police Department has reported that on the day in question, a person under the age of 21 entered the establishment and purchased alcohol in violation of state law. If found to be true, this is a violation of the terms of the establishment's license as well as state law, including, but not limited to: Mass. Gen. Law C. 138, s 34 Prohibiting the sale of alcoholic beverages to persons under the age of 21. 204 CMR 2.05(2) Providing that the licensee is responsible, whether present or not,to assure that no illegality takes place in or on the licenses premises (i.e. the sale of alcoholic beverages to an underage person). The investigation concerning the false identification that was presented is also ongoing. At this hearing you have the right to have counsel present, may have witnesses testify on your behalf, and will be entitled to question witnesses. As a result of testimony to be given that night, the action of the Commissioners could result in a warning, suspension, revocation, or modification of your license. Very truly yours, 9 J � Rosemary Connelly Smedile, Chairman Licensing Commission Cc: North Andover Police Department File I ICI TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Rosemary Connelly Smedile, Chairman N 0RTI{ William F. Gordon aF�t�eo "ti Donald B. Stewart t Telephone(978)688-9500 Richard M.Vaillancourt * FAX(978)688-9557 Tracy M. Watson *� �.4 °^4T[o Pp�Sy _... SSACHUSE I, Andrew Buco,Manager, McCracken's Liquors & Wines, Inc., 531 Chickering Road, North Andover, Massachusetts, hereby acknowledge that I have received the Notice of Hearing from the North Andover Licensing Commission scheduled for July 16, 2012 at 7:00 PM at the Selectmen's Meeting Room, 120 Osgood Street,North Andover, MA 2"d Floor, Date Received ew Buco Witness I TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 Office of Chief of Police Chief Paul J. Gallagher TO: Andrew Maylor,Town Manager FROM: Paul J.Gallagher,Chief of Police DATE: June 4,2012 RE: Possible Liquor Violation Please find attached a letter from Detective Lieut.Charles Gray and a police report regarding a possible liquor violation for license holder McAloons Liquors 531 Chickering Road. Officers and detectives investigated incident#2012-11106 after receiving a call from a concerned resident of a sale of an alcoholic beverage to an underage person on May 18,2012. The officers determined that a sale occurred and a false New York license was used. The false license was later scanned by the license holder machine when the officers presented it the manager. The license failed the scanner. The license holder is possibly in violation of 204 CMR 2.05 (2) "no license shall permit any illegality to occur on the licensed premises.The license is responsible,whether present or not,for ensuring that no disorder,disturbance,or illegality takes place in or on a licensed premise." There was a sale to an underage person MGL CH 138 SEC 34 and the type of identification present was not a MA drivers license, MA liquor identification card,passport or valid military identification card. The North Andover Police Department police officers are authorized liquor enforcement agents for the Licensing Commissioners.I will have the officers available to the Commissioners for any questions or hearings. We have been working with the license holder since the incident. The investigation concerning the false identification,that was presented,is also ongoing. PUBLIC HEARING PROCEDURES FOR ALLEGED LIQUOR LICENSE VIOLATIONS Only Board members,Town Counsel, and the license holder(or his counsel) should be allowed to ask questions. No questions or comments from the public should be allowed. Chair announces that hearing is opened. Chair reads the notice sent to license holder. Chair recognizes investigating officer. Town Clerk gives oath. Chair recognizes other witnesses for Town and Clerk gives oath. - Town Clerk gives oath to anyone testifying thereafter. Board may ask questions of witnesses. License holder(if present) is asked by Chair if he received the notice to appear at the hearing. License holder(if present) is asked by Chair if he will stipulate to facts as presented by the witnesses. If he agrees, then Chair may allow a statement made by license holder and Chair announces the hearing is closed. (After the hearing is closed, you may not take anymore testimony unless you vote to re-open the hearing.) If he does not stipulate to facts,the license holder may present witnesses and cross-examine Town's witnesses. (Alternatively, the Chair may allow cross examination of Town's witnesses at the time of their direct testimony.) - The Board may ask questions of the license holder's witnesses. After all testimony has been taken and questions for the Board answered,the Chair announces that hearing is closed. (After the hearing is closed, you may not take anymore testimony unless you vote to re-open the hearing.) A motion should be made that a violation of the license did(or did not) occur. The motion should indicate the nature and the dates(s) of the violation. After discussion by Board, a vote is taken. If the motion that a violation occurred carries, then a motion regarding sanctions should follow. Chair announces that matter is completed. License holder is notified in writing of findings. INTEROFFICE MEMORANDUM TO: Andrew Maylor, Town Manager DATE: July 12, 2012 FROM: Bruce Thibodeau, Director DPW CC: Lyne Savage, Budget Director SUBJ: FY 2013 Water and Sewer Rates As is evident from the attached reports, significant fluctuations in water and sewer collections and consumption are common within our Enterprise Funds. The result is that even unchanged rates from one year to the next do not guarantee consistent revenue. What is certain is that the rates during the past several years have not generated sufficient user fees to meet the targeted amounts assumed in the budgets that have been adopted by Town Meeting. What I have.determined is that by using the "Collected Consumption" or the amount of water and sewer consumption that residents actually pay for, we can more simply and accurately project the revenues that will result from approved rates. Based on these calculations rates would need to increase by 7.11% in order to insure that both Enterprise Funds breakeven in FYI 3. That being said, given our focus on controlling expenditures, especially debt service, I believe that the current water rates can remain unchanged for the fourth year in a row even though these rates will not generate sufficient revenue to cover the budgeted expenditures of the fiord. However,the existing sewer rates must change in order to reduce the existing$400k revenue deficit to a manageable level. Using a single rate that combines both the sewer and water rates the percent change from the past rate (which has been held steady for three years)will represent a 2.87% increase. Using this single rate, and calculating the average bill to residential users, the result is a$7.50 increase per quarter. In addition, I am recommending keeping the service charge rates and fees at current levels. Given the existing revenue deficits in both funds and concerns regarding the adequacy of retained earnings in each, I also recommend that we return to the practice of appropriating retained earnings, when available, at Town Meeting to offset rates rather than attempting to achieve a retained earnings goal by changing the rates. Attached are the following spreadsheets: • Rate Analysis FY 13 • Proposed Rates FY 13 • Historical Consumption Analysis FY 06 to FY 12 • Historical Collection Analysis FY 09 to FY 12 • Water& Sewer Budgets I am available to discuss the rates in more detail. TOWN OF NORTH ANDOVER RATE ANALYSIS FYI Water Sewer Current Assumed %Rate chg %Rate chg Assumed Consumption Rates/Proposed Required Rate to Consumption current to Required Rate to current to Collected Rates Breakeven %Rate chg Collected Current Rates Proposed Rates proposed Breakeven breakeven tier 1 666,788.62 $2,533,796.76 $2,533,796.76 487,798.72 $2,843,866.54 $2,902,402.38 $3,068,253.95 tier 2 330,597.90 $1,834,818.35 $2,019,953.17 148,272.50 $1,218,799.94 $1,370,037.89 $1,414,519.64 $4,368,615.11 $4,553,749.93 $4,062,666.48 $4,272,440.28 $4,482,773.59 FY13 Budget $4,552,516.00 $4,552,516.00 FYI Budget $4,482,403.00 $4,482,403.00 $4,482,403.00 Surplus/(Deficit) $ (183,900.89) $ 1,233.93 Surplus/(Deficit) $ (419,736.52) $ (209,962.72) $ 370.59 Deficit as%of Budget 4% 9% 5% Rates Rates tier 1 $ 3.80 '$ 3.80 0% tier 1 $ 5.83 $ t 5.95 2.06% $ 6.29 7.89% tier 2 $ dw 5.55 $:'f 6.11 10.09% tier 2 $ 8.22 1 $ 9.241 1 12.41% $ 9.54 16.06% RATEPAYER EFFECT AT VARIOUS RATES Annual Percentage Quarterly Cost Annual Cost Change Change Current Rates $ 261.45 $ 1,045.80 Proposed Rates $ 268.95 $ 1,075.80 $ 30.00 2.87% Breakeven Rates $ 280.05 $ 1,120.20 $ 74.40 7.11% TOWN OF NORTH ANDOVER PROPOSED RATES M3 Per Avg. Avg. Change Increase/ Increase/ FY 9 FY 10 FY 11 FY 12 FY 13" FY12-13 Qtr. Year Water 1 st Tier $3.39 $3.80 $3.80 $3.80 $3.80 0.00% Sewer 1st Tier $4.96 $5.83 $5.83 $5.83 $5.95 2.06% Combined 1st Tier $8.35 $9.63 $9.63 $9.63 $9.75 1.25% Water 2nd Tier $4.96 $5.55 $5.55 $5.55 $5.55 0.00% Sewer 2nd Tier $7.07 $8.22 $8.22 $8.22 $9.24 12.41% Combined 2nd Tier $12.03 $13.77 $13.77 $13.77 $14.79 7.41% Single Rate $9.09 $10.46 $10.46 $10.46 $10.76 2.87% Avg. Bill/qtr $227.15 $261.45 $261.45 $261.45 $268.95 $7.50 $30.00 Based on 25 units % increase -8.76% 0.00% 0.00% 2.87% Unit= 100 cu. Ft Total%incr since FY10 2.87% Av. Bill/qtr Water $103.75 $103.75 0.00% $0.00 $0.00 Av. Bill/qtr Sewer $157.70 $165.20 4.76% $7.50 $30.00 Av. Bill/qtr Total $261.45 $268.95 2.87% $7.50 $30.00 Water Retained Earnings 740,568 Sewer Retained Earnings 341,172 'Bypass meter rates to remain unchanged *Water Base Charge($6.68 per year for 5/8 meter)to remain unchanged. TOWN OF NORTH ANDOVER HISTORICAL CONSUMPTION ANALYSIS FY06-FY12 Sewer(Net Net Total Water Water) Consumptio Consumption chg per yr Consumption chg per yr n chg per yr 2006 1,200,938 2006 749,804 2006 451,134 2007 1,118,305 (82,633) 2007 730,426 (19,378) 2007 387,879 (63,255) 2008 1,167,788 49,483 2008 718,858 (11,568) 2008 448,930 61,051 2009 1,059,013 (108,775) 2009 699,986 (18,872) 2009 359,027 (89,903) 2010 1,005,444 (53,569) 2010 690,011 (9,975) 2010 315,433 (43,594) 2011 1,163,370 157,926 2011 713,552 23,541 2011 449,818 134,385 2012 1,061,622 (101,748) 2012 695,196 (18,356) 2012 366,426 (83,392) 7 yr avg 1,110,926 7 yT avg 713,976 7 yr avg 396,950 Standard Dev 71,172 21,217 54,052 Tier 1 -2012 $ 270,453 $ 80,625 $ 205,399 Tier 2 -2012 79,001 23,551 59,998 Stan Dev Cost $ 349,454 $ 104,176 $ 265,398 FY13 Budget 4,552,516 4,482,403 % of FY13 Budget 8% 2% TOWN OF NORTH ANDOVER HISTORICAL COLLECTION ANALYSIS FY09-FY12 FY09 FYI FYI FY12 ` Water Consumption/units 1,059,013 1,005,444 1,163,370 1,061,622 Water Commitment $ 4,341,514 $ 4,482,056 $ 5,423,555 $ 4,807,305 Water Collection $ 4,191,922 $ 4,328,350 $ 5,107,812 $ 4,368,615 Water Collection Rate 97% 97% 94% 91% Water Rate $ 3.70 $ 4.15 $ 4.15 $ 4.15 Dollar Decline in % Collected FY12-FY13 (728.13) 129,749 $ 158,823 % of Decline to Budget 0% 3% 3% Sewer(net Water) Consumption/units 699,986 690,011 713,552 695,196 Sewer Commitment $ 3,894,763 $ 4,470,647 $ 4,706,171 $ 4,537,685 Sewer Collection $ 3,850,379 $ 4,159,270 $ 4,345,504 $ 4,062,666 Sewer Collection Rate 99% 93% 92% 90% Sewer Rate $5.39 $6.31 $6.31 $6.31 Dollar Decline in % Collected FY12-FY13 260,431.09 32,885 $ 127,264 % of Decline to Budget 6% 1% 2% All date not final TOWN OF NORTH ANDOVER HISTORICAL COLLECTION ANALYSIS FY09-FY12 FY09 FY10 FY11 FY12* Water Consumption/units 1,059,013 1,005,444 1,163,370 1,061,622 Water Commitment $ 4,341,514 $ 4,482,056 $ 5,423,555 $ 4,807,305 Water Collection $ 4,191,922 $ 4,328,350 $ 5,107,812 $ 4,368,615 Water Budget/User Fees 4,191,922 4,328,350 5,107,812 4,368,615 Water Collection Rate 97% 97% 94% 91% Water Rate $ 3.70 $ 4.15 $ 4.15 $ 4.15 Dollar Decline in % Collected FY12-FY13 (728.13) 129,749 $ 158,823 % of Decline to Budget 0% 3% - 3% Sewer(net Water) Consumption/units 699,986 690,011 713,552 695,196 Sewer Commitment $ 3,894,763.12 $ 4,470,647.32 $ 4,706,171.12 $ 4,537,684.69 Sewer Collection $ 3,850,379.38 $ 4,159,269.86 $ 4,345,504.33 $ 4,062,666.48 Sewer Budget/User Fees $ 3,850,379 $ 4,159,270 $ 4,345,504 $ 4,062,666 Sewer Collection Rate 99% 93% 92% 90% Sewer Rate $5.39 $6.31 $6.31 $6.31 Dollar Decline in % Collected FY12-FY13 260,431.09 32,885 $ 127,264 % of Decline to Budget 6% 1% 2% *All date not final FY13 WATER BUDGET -TOWN MEETING ADOPTED Water FYI FYI FY12 FY12 FY12 FY13 Dept Req. FY13 TM %inc.over Actual Actual ATM Actual projected Recomm'd FY12 Proj Article 24 06/30112 Operating Revenues User Fees $4,328,350 $5,107,812 $4,550,687 $4,368,615 $4,542,694 $0 $4,552,516 0.22% Interest Pen $21,978 $23,113 $22,000 $20,617 $21,518 $0 $20,000 -7.05% Hook Up Fees $80,000 $41,000 $38,000 $184,000 $40,500 $0 $40,000 -1.23% Other Fees $719,355 $606,543 $500,000 $701,390 $645,842 $0 $500,000 -22.58% Misc Revenue $13,037 $10,059 $9,600 $13,820 $12,040 $0 $0 Interest Income $2,833 $8,779 $5,500 $11,308 $8,544 $0 $7,000 -18.07% Bond Premium $623 $6,522 $0 $25,727 $154,363 $0 $0 Transfer from CIP $0 $17,017 $0 $0 Lo $00 LO Total Oper. Rev. $5,166,176 $5,820,845 $5,125,787 $5,325,477 $5,425,501 $0 $5,119,516 -5.64% Salaries $728,006 $617,147 $644,965 $659,299 $642,129 $711,494 $718,903 11.96% Expenses $831,101 $1,091,117 $1,475,385 $1,327,374 $1,475,385 $1,469,719 $1,454,719 -1.40% Debt Service $2,675,410 $2,791,277 $2,299,716 $2,264,547 $2,264,547 $2,198,323 $2,198,323 -2.92% Capital Outlay $26,324 $0 $0 $0 $0 $0 $0 0.00% Indirects $623,712 $658,016 $705,722 $705,722 $705,722 $747,571 $747,571 5.93% Total Expenses $4,884,553 $5,157,557 $5,125,787 $4,956,942 $5,087,782 $5,127,107 $5,119,516 0.62% Deficit/Surplus $281,623 $663,288 $368,536 The beginning fund balance of$740,568 represents the amount certified by the Department of Revenue to be available for expenditures or rate mitigation as of 6/30/11. The actual retained earnings amount is $752,487. % of Debt Service to Operating Budget Summary Water Capital Budget, (FY13- FY17) Water Enterprise Fund Actual ATM Projected Projected Projected Projected Projected FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Water Current Debt 2,791,277 2,264,547 2,056,149 1,446,811 1,424,425 1,010,615 755,654 P/Y Authorized but not Funded 0 0 142,175 139,825 137,475 135,125 132,775 Subtotal 2,791,277 2,264,547 2,198,324 1,586,636 1,561,900 1,145,740 888,429 New CIP Water Debt - 113,288 214,219 395,829 401,542 Total Debt Service 2,791,277 2,264,547 2,198,324 1,699,924 1,776,118 1,541,569 1,289,970 Operating Budget 2,403,920 2,861,241 2,869,149 3,007,854 3,153,264 3,305,703 3,465,513 % Budget Increase Per Year 5.94% 19.02% 0.28% 4.83% 4.83% 4.83% 4.83% Avg Budget Increase FY04-13 4.83% Total Operating Budget(Debt& Operating) 5,195,197 5,125,788 5,067,473 4,707,777 4,929,382 4,847,272 4,755,483 % of Debt Service to Total Budget 53.7% 44.2% 43.4% 36.1% 36.0% 31.8% 27.1% 2 FY13 SEWER BUDGET -TOWN MEETING ADOPTED Sewer FYI FYI FYI FY12 FYI FY13 Dept Req. FY13 TM %inc.over Actual Actual ATM YTD projected Recomm'd FYI Proj. Article 25 06/30112 Operating Revenues User Fees $4,159,270 $4,345,504 $4,911,357 $4,062,666 $4,024,901 $0 $4,482,403 11.37% Interest/ Penalties $20,769 $24,519 $25,000 $19,872 $21,316 $0 $22,000 3.21% Hook Up Fees $106,065 $66,495 $68,000 $273,120 $57,704 $0 $65,000 12.64% Other Fees $423,603 $410,915 $175,000 $444,744 $324,164 $0 $300,000 -7.45% Misc Revenue $102,084 $19,420 $6,000 $8,860 $8,380 $0 $0 -100.00% Interest Income $4,153 $4,937 $3,800 $5,682 $4,555 $0 $3,900 -14.38% Bond Premium $39,883 $0 $0 $1,708 $5,124 $0 $0 0.00% Total Oper. Rev. $4,855,828 $4,871,790 $5,189,157 $4,816,653 $4,446,144 $0 $4,873,303 9.61% Expenses Salaries $511,994 $575,883 $592,222 $505,025 $484,513 $505,273 $509,732 5.21% Expenses $219,670 $259,437 $294,900 $256,744 $275,900 $307,176 $292,175 5.90% GLSD Assessment $1,371,463 $1,428,879 $1,725,000 $1,152,317 $1,162,037 $1,811,000 $1,541,247 32.63% Settlement $61,881 $56,000 $56,000 $56,000 $56,000 $0 $0 -100.00% Debt Service $2,151,812 $2,071,083 $2,049,481 $2,049,481 $2,049,481 $2,000,405 $2,000,405 -2.39% Indirects $383,783 $422,161 $471,554 $471,554 $471,554 $529,744 $529,744 12.34% Total Expenses $4,700,602 $4,813,443 $5,189,157 $4,491,121 $4,499,484 $5,153,598 $4,873,303 8.31% Deficit/Surplus $155,226 $58,347 $325,532 $0 The beginning fund balance of$341,172 represents the amount certified by the Department of Revenue to be available for expenditures or rate mitigation as of 6/30/11. The actual retained earnings amount is$432,610 % of Debt Service to Operating Budget Summary. Sewer. Capital Budget, FYI -FYI 7 Sewer Fund Actual Actual ATM Projected Projected Projected Projected Projected FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Sewer Debt 2,151,812 2,071,083 2,049,481 1,990,841 1,982,795 1,959,965 1,533,471 1,230,852 PN Authorized but not Funded 0 0 0 9,438 9,282 9,126 8,970 8,814 Subtotal 2,151,812 2,071,083 2,049,481 2,000,279 1,992,077 1,969,091 1,542,441 1,239,666 New-CIP Sewer Debt Service - - - - 42,754 52,879 51,264 Total Debt Service 2,151,812 2,071,083 2,049,481 2,000,279 1,992,077 2,011,845 1,595,320 1,290,930 Operating Budget 2,550,814 2,743,453 3,139,676 2,785,552 2,962,593 3,150,886 3,351,147 3,564,136 % Budget Increase Per Year 12.2% 7.6% 14.4% -11.3% 6.4% 6.4% 6.4% 6.4% Avg. %Increase FY04-FY13 6.4% Total Budget(Debt& Operating) 4,702,626 4,814,536 5,189,157 4,785,831 4,954,670 5,162,731 4,946,467 4,855,066 % of Debt Service to Total Operating Budget 45.8% 43.0% 39.5% 41.8% 40.2% 39.0% 32.3% 26.6% SSpC11Lf�, Massachusetts Department of Revenue Division of Local Services Navjeet K.Bal, Commissioner Robert G.Nunes,Deputy Commissioner&Director of Municipal Affairs February 17, 2010 Marls H. Rees, Town Manager Town of North Andover 120 Main Street North Andover, MA. 01845 Dear Mr. Rees: I want to take this opportunity to congratulate you and the Town of North Andover for successfully having your FYI tax rate approved by this office on December 15, 2009. As a result of this approval, I want to bring to your attention certain matters that relate to the FYI I tax rate approval process. As you know, we agreed to a Memorandum of Agreement, dated in late November 2009 wherein it was agreed that North Andover's Selectmen and School Committee would reserve funds in the aggregate aiiounL of$366,000 that would not be expended during FYI 0. This was done in an effort to balance your budget I further wish to comment that your free cash approval for the close of FY09 indicated deficits in the genera fund, water enterprise, and Stevens Estate enterprise funds. These deficits, coupled with prior year free cash deficits, should raise concerns for North Andover officials. I would recommend that your community consider a conservative approach with both revenues and expenditures for your FYI 1 budget process in an effort to avoid fiscal problems. Further,I will require that the balance sheet be submitted, and free cash certified prior to approving your FYI I tax rate. You have indicated that the town should be able to submit the balance sheet on or before mid October, 2010. This would allow North Andover sufficient time to make budget adjustments, if necessary. In closing, if you have any questions, feel free to contact me or your field representative Maura O'Neil. I Sincerely, Gerard D. Perry Director of Accounts Massachusetts Department of Revenue NORTH H 9 �SS.ICHUSE'( TOWN OF NORTH OR 1 H L- NDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail iradshawu,townofnorthandover.com This is to certify that the following vote was taken on June 6, 2006 on Article 22 at the Dissolved Annual Town Meeting for the Town of North Andover held May 8, 2006, June 5,2006 and June 6, 2006: Article 22. Water Enterprise Fund Appropriation - Fiscal Year 2007. UNANIMOUSLY VOTED that the Town appropriate the amount of$5,226,723, in aggregate, for the purposes listed under the column "FY07 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Water Enterprise Fund, that $5,172,001 be raised from Water Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect Expenses and that $54,722 be transferred from Water Enterprise Fund Retained Earnings. WATER ENTERPRISE FY07 Recommendation Town Manager FY06 Department Board of Selectmen Budget Request Finance Committee Personnel 703,192 739,310 739,310 Expenses 1,140,762 1,320,540 1,320,540 Debt Service 2,763,317 2,632,241 2,632,241 Sub-Total Direct Expenditures 4,607,271 4,692,091 4,692,091 Admin/Indirect 499,467 534,632 534,632 Total Water Enterprise 5,106,738 5,226,723 5,226,723 Recommendations: Board of Selectmen: Favorable Action Finance Committee: Favorable Action Planning Board: No Recommendation VOTED JUNE 6, 2006 ATTEST: A True Copy Town Clerk Q NORTH 9 O 11�a°;ar ,0 OL O T SS1CH115E TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail ibradsliaw Atownofnorthandover.com This is to certify that the following vote on Article 15 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 14, 2007, May 15,2007, May 21, 2007 and June 4,2007: Article 15. Water Enterprise Fund Appropriation-Fiscal Year 2008. Unanimously Voted to appropriate the amount of $5,423,567, in aggregate, for the purpose listed under the column "FY08 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Water Enterprise Fund, that $5,362,714 be raised from water receipts and from these receipts $560,462 be transferred to the General Fund for indirect expenses and that $60,853 be transferred from Water Enterprise Fund Retained Earnings. WATER ENTERPRISE FY08 - i Recommendation Town Manager FY07 Department Board of Selectmen Budget Request Finance Committee Personnel 739,310 753,856 753,856 Expense 1,364,068 1,342,578 1,297,078 Debt Service 2,632,241 2,812,171 2,812,171 Sub-Total Direct Expenditures 4,735,619 4,908,605 4,863,105 Admin/Indirect 534,632 560,000 560,462 Total Water Enter rise 5,270,251 5,468,605 5,473.567 VOTED MAY 15, 2007 ATTEST: A True Copy Town;Clerk f NORTH H 3, a.,:'+• .,.1, a OL q0��r° SSACHUSE TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail ibradshaw(i�townofnorthandover.com This is to certify that the following vote on Article 12 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 13, 2008 and May 14, 2008: Article 12. Sewer Enterprise Fund Appropriation - Fiscal Year 2009. UNANIMOUSLY VOTED that the Town appropriate the amount of $4,549,102, in aggregate, for the purpose listed under the column "FY09 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,214,544 be raised from sewer receipts and from these receipts $348,894 be transferred to the General Fund for indirect expenses and that $334,558 be transferred from Sewer Enterprise Fund retained earnings. SEWER ENTERPRISE FY09 Recommendation Town Manager Board of FY08 Department Selectmen Finance Budget Request Committee Personnel 372,928 407,272 407,272 Expense 256,477 296,400 265,000 GLSD Assessment 1,320,613 1,373,822 1,373,822 Settlement 56,000 56,000 56,000 Debt Service 1,871,507 2,229,208 2,098,114 Sub-Total Direct Expenditures 3,877,525 4,362,702 4,200,208 Admin/Indirect 299,238 308,215 348,894 Total Sewer Enterprise 4,176,763 4,670,917 4,549,102 VOTED MAY 13, 2008 ATTEST: A True Copy Town Clerk: f NORTH H FO T 5SACHUSE TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail ibradshawna,townofnorthandover.com This is to certify that the following vote on Article 16 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 14, 2007, May 15, 2007, May 21, 2007 and June 4, 2007: Article 16. Sewer Enterprise Fund Appropriation-Fiscal Year 2008. Unanimously Voted that the Town appropriate the amount of$4,176,763, in aggregate, for the purpose listed under the column "FY08 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Sewer Enterprise Fund, that $3,625,131 be raised from Sewer Receipts and from these receipts $299,238 be transferred to the General Fund for Indirect Expenses and that $551,632 be transferred from Sewer Enterprise Fund Retained Earnings. SEWER ENTERPRISE FY08 Recommendation Town Manager FY07 Department Board of Selectmen Budget Request Finance Committee Personnel 359,606 372,928 372,928 Expense 337,089 256,477 256,477 GLSD Assessment 1,298,000 1,320,613 1,320,613 Settlement 56,000 56,000 56,000 Debt Service 1,899,805 1,871,507 1,871,507 Sub-Total Direct Expenditures 3,950,500 3,877,525 Admin/Indirect 253,989 270,000 299,238 Total Sewer Enterprise 4,204,489 4,147,525 4,176,763 VOTED MAY 15, 2007 AT` L,'ST; A "Prue Copy v—v r.�. Town Clerk Of t&ORTH A `4TlD 16.HO p �SSACHUSEt TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail ibradshawCatownofnorthandover.com This is to certify that the following vote was taken on Article 21 on June 6, 2006 at the Dissolved Annual Town Meeting for the Town of North Andover held May 8,2006, June 5,2006 and June 6,2006: Article 21. Sewer Enterprise Fund Appropriation - Fiscal Year 2007. UNANIMOUSLY VOTED that the Town appropriate the amount of$4,180,744, in aggregate, for the purposes listed under the column "FY07 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Sewer Enterprise Fund, that $2,774,624 be raised from Sewer Receipts and from these receipts $253,989 be transferred to the General Fund for indirect expenses and that $1,406,120 be transferred from Sewer Enterprise Fund Retained Earnings. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Favorable Action Finance Committee: Favorable Action Planning Board: No Recommendation VOTED JUNE 6,2006 ATTEST; A True Copy Town Clerk Job Posting/Vacancy Log July 11, 2012 Date Posted Position Department Hiring Status Manager 7/10/12 Department Police Chief Paul Posting closes 7/19/12. Assistant Gallagher (Records Clerk) 6/8/12 Electronic Stevens MR Quinn Posting closed 6/21/12, resumes received, Resources Library K. Keenan interviewing to be conducted by library staff. Librarian As of 7/9/12 an adequate number of resumes were received with qualified candidates, interviews to be scheduled. A hire is expected to be made from the candidate pool. 6/1/12 Community Police Lt. John Carney Amy McCarthy promoted from Records Services Clerk to CSO effective 7/16/12. Officer 5/1/12 Elder Client Senior Ctr, I. O'Brien Eagle Trib ad on 5/6/12 &Monster 30 days Asst Prog Mg Interviewed 5 candidates; recommendation not approved. Position re-advertised in Eagle Trib and on Monster 6/10/12, reviewing resumes. Three candidates contacted; two accepted other positions prior to interviews. One candidate scheduled for interview on 7/11. 4/20/12 HMEO - 3 DPW B. Thibodeau Labor List Eligibility Letter Pending 7/11/2012 3:44 PM Johnson, Adele From: Bradshaw, Joyce Sent: Thursday, July 12, 2012 12:10 PM To: Maylor, Andrew; Johnson, Adele Subject: Willow Street Pole Petition-Verizon Verizon does not have a representative available and would like to reschedule to the August Meeting. Joyce A. Bradshaw,CMMC Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978,688.9502 Fax 978.688.9557 Email ibradshaw @townofnorthandover.com Web www.TownofNorthAndover.com I ��C;4' Ii(�'SQfiiv, r�i $"�.i`a..:G.rf. `roi:(.te,>lcitt/v�',,.far E... )i'fi> '�< ,,,�f;t,.r.3[C1e.Citi,9liti�iurGH,7 c+(1;3,4�r`C�CT7 1Ltti44j,J E)iOti_il5cail,�J(f?(;i?(uc? Jpi.rt,1G re,GC'rU., 1-E7rYYti)f= ilfonm fion pease refer to:http://www.sec.state.ma.us/pre/preidx.htm � Please,consider the environment berore prindnt )finis err,aii. I� III I 1