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HomeMy WebLinkAbout2013-03-25 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William F. 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 MONDAY,MARCH 25,2013 at 7:00 PM TOWN HALL MEETING ROOM I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. March 11,2013, Open Session Minutes as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Joint Senate/House Resolution for 25`h Anniversary of Joseph N. Hermann Youth Center—North Andover Legislative Delegation(at 7:30 pm) B. Community Choice Aggregation V. CONSENT ITEMS A. Youth&Recreation Services Spring Carnival,April 24-28,2013 B. Request to Dispose of Surplus Equipment—Health Department C. Neurofibromatosis Northeast requests to use Town roads for bike ride fundraiser on Sept. 7,2013 D. Marc Cooperstein of the NABC Little League requests to hold a Little League Parade on May 4, 2013 E. Keith D'Entremont of Angel Flight NE requests"Ride for Angels Charity Cycling"event on Sept. 8, 2013 F. Approval of the NACAM Bylaws as Amended—Brian Fraser G. Declaration of Protective Use Covenants Conditions and Restrictions for 1018 Osgood Street H. Signing of Special State Primary Election Warrant, Tuesday, April 30,2013 VI. LICENSING COMMISSIONERS A. Chris Kombouras of Heavenly Donuts, 50 Main Street,requests Common Victualler License& Entertainment License VII. PUBLIC HEARING A. Pole Petition: National Grid&Verizon New England for Waverly Road B. Pole Petition: National Grid&Verizon New England for Great Pond Road at Marbleridge Road C. Pole Petition: National Grid &Verizon New England for Prescott Street at Mount Vernon Street VIII. OLD BUSINESS IX. NEW BUSINESS A. Warrant for Annual Town Meeting X. PUBLIC COMMENT it XI. TOWN MANAGER'S REPORT A. Capital Project Status Report B. Position/Vacancy Log C. Organizational Changes D. Spring Clean Up Debris and Yard Waste XIL NEXT MEETING DATE—April 8,2013 i XIII. ADJOURNMENT BOARD OF SELECTMEN MINUTES MARCH 11, 2013 CALL TO ORDER: Chairman William Gordon called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: William F. Gordon Chairman; Richard Vaillancourt, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Tracy M. Watson, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, Donald Stewart, seconded by, to approve the Open Session Minutes of February 25, 2013, as written. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve the Executive Session Minutes of February 25, 2013. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS AND PUBIC COMMENT: Certificate of Appreciation to Paul Boulanger and Kathy Gallagher The Board presented Paul Boulanger and Kathy Gallagher with a Certificate of Appreciation for volunteering their time and equipment to assist the North Andover Fire Department clear snow from fire hydrants after the Blizzard of 2013. Recognition of"Cuddles Program" at Senior Center- Elder Services Director Irene O'Brien introduced Alexa and Feliz Layne to speak about the Cuddles Program. Alexa Layne a sophomore at North Andover High accompanied her father and volunteered at the "Missions of Mercy Project" in Wise, Virginia. The Missions of Mercy is sponsored by the Virginia Dental Association Foundation and occurs annually in the less fortunate parts of Virginia. It was Alexa's idea to bring dolls made by the North Andover Senior Center to pass out to the children to comfort them while having dental procedures. The program has grown over the last three years from a donation of 50 Cuddle Dolls to 150 Cuddle Dolls. Alexa wrote an article about her participation in the Missions of Mercy Project and the Cuddles Program Dolls for the Virginia Dental Journal and her story was picked for the cover story. She presented the Senior Center with a plaque for their donations of dolls over the last three years. Forest Management Plan The Town Manager Andrew Maylor informed the Board that Conservation Administrator Jennifer Hughes submitted a Forest Management Plan completed by Gary Gouldrup of New England Forestry Consultants, Inc. There is a Public Hearing scheduled for Wednesday, March 20, 2013. In the near future this information'will be presented to the Board. Recognition of Representative David'Torrisi The Board of Selectmen recognized Representative David Torrisi for his dedicated service for over 16 years to the Town of North Andover. He was presented a Resolution and a plaque. CONSENT ITEMS: Request from Friends of Patriots Memorial Park to install a stone marker On behalf of the Friends of Patriot Memorial Park, Leslie Frazier came before the Board requesting approval to install a granite stone marker at the park. Donald Stewart made a MOTION, seconded by Rosemary Smedile that the North Andover Board of Selectmen hereby votes to approve the request from the Friends of Patriot Memorial Park to install a granite stone marker at the park. Vote approved 5-0. Board of Selectmen Minutes March 11, 2013 2 Stevens Pond—Consultants Findings and Recommendations DPW Director Bruce Thibodeau addressed the Board of the findings and recommendations by the consultants who performed the studies on the Stevens Pond. An alum treatment early in the year before the beach opens; season-long monitoring and sampling by the beach operations staff and ACT personnel to determine early warning of potential algae blooms and to collect additional data to determine future year needs; Potential treatment with copper algaecide; An assessment of Steven's Pond watershed; Continue the control of plant life by methods such as week hydro raking. Tracy Watson made a MOTION, seconded by Donald Stewart that the North Andover Board of Selectmen hereby votes to adopt the recommendations of the DPW Director Bruce Thibodeau regarding Stevens Pond. Vote approved 5-0. Nancy Leland resident of Great Pond Road gave her opinion and concern for the sampling and cost of outsourcing water testing. She suggested that the Town have the cell counts and toxin analysis done in- house by employees at the Water Treatment Plant. Request for Timothy P. Roberts "Reeling in a Dream" and "Rockin for Roberts" Fundraisers The Timothy P. Roberts Advisory Committee is requesting permission to hold two events in North Andover. Rosemary Smedile made a MOTION, seconded by Tracy Watson that the North Andover Board of Selectmen hereby votes to grant the Timothy Roberts Advisory Committee permission to hold two events; "Reeling in a Dream" Fishing Derby on Saturday, June 1, 2013 from 6 a.m. to 4 p.m. on Lake Cochichewick and "Tourney for Tim/Rockin for Roberts" at the Middle School fields on Saturday, August 10, 2013. Both permits are subject to applicable laws, bylaws, rules and regulations. Vote approved 5-0. Appointment to Historical Commission—James F. Wefers Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the North Andover Board of Selectmen hereby votes to appoint James F. Wefers to the Historical Commission, for a term ending June 30, 2014. Vote approved 5-0. Signing of March 26, 2013, Town Election Warrant Tracy Watson made a MOTION, seconded by Donald Stewart that the North Andover Board of Selectmen hereby approves the March 26, 2013, Town Election Warrant as prepared by Town Clerk Joyce Bradshaw. Vote approved 5-0. Middlesex and Waverly Road Intersection—Traffic Modifications Lt. John Carney said that the Police Department supports the signage change at Middlesex Street and Waverly Road to a four-way stop intersection. Also two new posted "No Parking" signs would impact two residents at 206/208 and 212 Middlesex Street. These residents were sent letters about the proposed changes Residents Bob Radcliff of 206-208 Middlesex Street and Tim Loiselle of 212 Middlesex Street were present at the meeting and had concerns about losing their parking spaces in front of their residence. There was a lengthy discussion about the safety concerns for vehicles and children walking to and from school at the intersection whether these changes would impact the home owners even if it was adverse. Donald Stewart made a MOTION to install the four-way stop signage and review before the winter sets in next year. There was no second. Tracy Watson Amended the MOTION, seconded by Rosemary Smedile, to install stop signs on both sides of Middlesex and extend this trial period until October 1, 2013 and for the Board to revisit this at that time and to eliminate parking on the first house on the uphill side of Middlesex. Vote approved 5-0. Winter Park Ban Tracy Watson made a MOTION, seconded by Rosemary Smedile to eliminate the Parking Ban and to give the Town Manager authority to enforce the Parking Ban in the event of another snow storm and use the Reverse 911 Notification System to inform residents. Vote approved 5-0. Board of Selectmen Minutes March 11, 2013 3 LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Kittredge School PTO requests One-Day All Alcohol License on March 22 2013 Elizabeth McDevitt, on behalf of the Kittredge Elementary School PTO requests a One-Day All Alcohol License for the school's annual Spring Fling Fundraiser; "Silent and Live Auctions" and respectfully requesting that the licensing fee be waived. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one-day all alcohol license per M.G.L. chap. 138 sec. 14 to the Kittredge Elementary PTO for a Fundraiser on March 22, 2013, to be held at the Frick Dining Hall at Brooks School, 1160 Great Pond Road from 7:00 p.m. to 11:00 p.m. and as this is a fundraiser to waive the license fee. Vote approved 5-0. Merrimack College requests One-Day Wine & Malt License on March 15, 2013 Jennifer Konopisos, on behalf of Merrimack College requests a One-Day Wine & Malt License for Hockey Fan Fest" on the grounds of Merrimack College on March 15, 2013. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one-day wine and malt license per M.G.L. chap. 138 sec. 14 to Merrimack College "Hockey Fan Fest" to be held in the Hamel Basketball Court on the grounds of Merrimack College on March 15, 2013 from 4:00 p.m. to 7:30 p.m. Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: Town Manager's Recommended FY14 Budget Andrew Maylor noted that there was a correction in the Budget Book on page 134. Chairman Gordon asked a series of questions regarding the Town Manager's budget. TOWN MANAGER'S REPORT: Andrew Maylor said that the Finance Committee has been going through budget deliberations with the Facilities Department, DPW, Water and Sewer Departments, moving onto Public Safety Departments, then with Human Services and Community Development and wrapping up with the School Department. At the Board's next meeting the Board will be presented with the first draft of the Town Warrant. To date there have been 11 inquiries on the Bradstreet School Property and will probably be more next week with bid proposals due on April 8, 2013, The Finance Committee will have a Public Hearing on the Town Budget on April 4, 2013 Police Department Report Police Chief Paul Gallagher provided an activity report for February 2013. Fire Department Report Fire Chief Andy Melnikas provided an activity report for February 2013. ADJOURNMENT: Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 9:15 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Richard Vaillancourt, Clerk of the Board i Communications And Announcements Johnson, Adele From: Maylor, Andrew Sent: Tuesday, March 19, 2013 4:08 PM To: Johnson, Adele Subject: Fwd: Community Choice Aggregation Attachments: North Andover Aggregation_Presentation 3-6-13.pptx; ATT00001.htm Backup up for a communication choice aggregation Regards, Andrew Maylor Town Manager ------------------------ Sent from my Whone Begin forwarded message: From: "Bellavance, Curt" <cbellava a,townofnorthandover.com> Date: March 19, 2013, 4:00:48 PM EDT To: "Maylor, Andrew" <amaylor e,townofnorthandover.com> Subject: FW: Community Choice Aggregation Here it is.... -----Original Message----- From: LSullivanglobalp.com [mailto:LSullivan(a Ig obalp.com] Sent: Thursday, March 07, 2013 3:13 PM To: Bellavance, Curt Cc: selectmantracMatson a,verizon.net; Vaillancourt, Richard M Subject: Community Choice Aggregation Good afternoon all, Thank you again for the opportunity to present to the North Andover Merchants Group our proposal to implement a Community Choice Aggregation program for the Town of North Andover(with the added objective of adding the other member towns of the Merrimack Valley Planning Commission to be part of a larger aggregation of towns/cities). Per our discussion, please find attached a copy of my power point proposal for a Community Choice Aggregation program for your review. I am looking forward to presenting it again at the March 25th Board of Selectmen meeting. In the meantime,please let me know if you have any questions. Regards, Leo Sullivan i Leo D. Sullivan Phone: 508 278-0083 Fax: 781 398-7258 (See attached file: North Andover Aggregation—Presentation 3-6-13.pptx) Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.see.state.ma.us/pre/-preidx,htm. Please consider the environment before printing this email. 2 I� I i s � � � 7' .'8•"����'�4��r`����Cts��"U ,�n'�C" ��G���dw�Y�f�dr�°.«�5 'Y ••^�12kpA�� 4�U 12, A`k+y�.i':'s'�4f} ,"' y � � e � ISO Sh I- I W spa WN R r s"'z yr�s s� � c " - � gg 1 9 *1 c r% Agevr,-%g,% * on Whatis Uommumty u %-% %... cl I I F c tt r x � ..,��� '� - n � `z �� +r - sue`r}�, ��� z �• � �- ac : a- . � ���' u�. � ��: vfr �Y �•e� a� x. v,�l'�`•... � g t t���" ?fir z s. k� �i ti"�"�% �-a��;. �' � e.:��- � :"� a^. ` ` ' „a:•z� �`.�' x� '�',`f � ;z re � `�'f..� � a � c�� is �., sn de Rz, k 3 Lai, jV� r d N t & 4 g"�,",r yr. _ T .� -i3. rt MO Obj" ect 'i' ve of Presentation rt m s s , y To discuss the opportunity t0 � PP Y �r lower electric P ower rates for f entire community by 7-10% a �w (excluding customers on supply) throu gh co m P etition. _ provide Pro ram can also new g opportunity to increase"greener P ortion of electric power. s } x > w pa Strategy@ e . To ascertain viability objective, b'ective l authorize Global to analyze load data 8 solicit "sam p le" indicative quotes from sample of suppliers. p pp Majority vote of Town Meeting to authorize authorize a gg g re ation (G.L. c.164 & 134a) Execute Community Choice Aggregation Plan. NFWA .rs•.s s a, n% 4 ', xts " 'e. :x '-a^ - vx„ tr '" .4' ''tci -M Tlt W h t w 'i I I A g m1w-a e co- tm 'im o n m C n c .Tu r h-. Create community pools of electricity customers large enough to command leverage on the market & with sufficient legal ?3 . authority & financial flexibility to demand E f r contracts from energy suppliers that satisfy r local economic and environmental goals. e Places authority in hands of those who will . W feel impact of their decisions, thus making k � , investment in renewable electricity more likely. :Y.� . .r rt W h t t a s Log','4U, ffently A I low M u1--%1 '1 C% *1 d I E " Lo I E? t i c g r fen. g a t i --o N R� Massachusetts __ 4 r New Jersey ry Ohio r Illinois r California CLWOBAL- im WWI Whdow'kt 0 the 0 a u t h o t Y *1 n N e w J E-?-M r-%5; e y 15- d----, Once we had completed our research, we could not come u with one single reason why the township should not create a Government Energy Aggregation program. We were confident the program would save our residents money and professional costs would be reimbursed. The process was virtually seamless to implement and there is little that the Authority have to do now that the program is established. *Ed Weirsky, Vice Chair of Plumstead Township LaW L 6 4 c 1 ' 4 Section 134. (a Any municipality or any group of municipalities acting together within the Commonwealth is hereby authorized to aggregate the electrical load of interested electrici ty consumers within its boundaries. A Town may initiate a process to authorize aggregation by a majority vote of the Town Meeting. l Two or more municipalities may as a group initiate a p jointly rocess to authorize aggregation by a majority vote of each ar articul municipality as herein required. p p F a -!'` *., :...mss 2 4 .. „t" ,^ .•, # "`a."4 Y " ,.=f ta-° gn D e E? I t J I I n M -Ca s !30 C-- h 1 MUM %1,-3 e RL t t r t r Residential and commercial electric p ower customers have the ability to choose 'electric supplier The majority of large commercial and ,. industrials will choose not to choose In most states default supplier is incumbent utility MA has given towns and cities the ability to serve these customers aY s r m , a s a .. pr 3 -% ss '-% 'Oft hm a A Ut: 1t: t-Tu1at *i , n n , M col cl L U %6JU MA is a deregulated state that allows its towns and cities to be an aggregator of power. s F Community represent resent those who do not p opt out. u a Individual customers are free to opt out or choose own supplier. y� QYS F __ n r Tt February 5, 2013 12 Month Historical Energy Index TransCanada 75 j Each point along the 12 - E month trend lino indicates the indexed 70 price of energy that - ' "-' -"� - could have been"lacked in"each day for a12 month term so e 55 1 5Q .- i I --------- .., Mr.y opinivrta,xlalomonts,oxtlrmatoa,pro)octionx Indior other infotnaation or content axpmsuad aadlor contained herein are those of the autheras.(the dal.homer and a-subioct to change Wfehout notice oad taay not Wata or rdfI.(thooe of TransCanada Paver Markat(ng Ltd,or any or Its atrdiatoa,sabIldiaries,padnorx or each of(hair mspwdrva III,&—oigcam,ornplayoaa,or repreaentahvas(hereinafter rofur(ad to collectively as'TranaGa redo"). Wtuie every muse bla effort has hoe.made to eoaam that lho.onlenie-heel been complied or derived from sources befiayed to be reliable and contain information Intl opinions that ore believed to be acaung,and cnmprato,na ren—ty,expte sood or(n?p(k.d.is made tvgarding the accuracy,adequacy,. mplei ess legality,reliability,at usof 1 its.of any infoh'nalion,This dnela applies to both isobted. ad aggrag to use.of the lirforrtatgo TranaCan tl p ides th f f imag n n'As is'beat.. All Warta tid.of any kind,expos ar RnpHed,irtcbiding but Rol Rm(tad to vugrrantfes of metrhgmaGiLly and fit—for a pad(oular purlmxa era hereby exp ply disnkaimod.Infarmahan.may bo avertable b the author andlor Tren:cCnnadn that'is not toted herein. T,o—Cu"ado takoa no toaponx(bRiy far any ants or omissions Which may"cordam of herein nor Iccepto any liabitity vehataoavor for any la—arsing from aay ax.-of or-Iran—on this document or iba...lent. In no swat shall Tren.Canoda ho II.M.for any disc(,indirect,incidantai,speicinl,--pia,y or consequential damages hoyro—.:mead and oa any theory of ltabilty, ,h.tha,In—Imct,drict liability,tad("urciudiag,nagdgeince or oth,rwiac),ar any other theory arising In any Way out of the use of Ihiu Hisl.rfwt Energy index.This document is not to ba corr Broad as ap after to call ar a sogdmhon tar or an offe,.to buy any good,product or ca unodities, - KIN Wh Ib bd & h t 0 We- do ' r. r f *% • * Global • Partners LP - Fortune 50o°Public Company, with 75 years energy experience. On NY stock exchange with $15 Billion in sales. Global to Corp. Wholly owned subsidiary offering customized electric power procurement & management services. (Awarded over two hundred electric power procurement RFP's over last 9 yrs.). U%ajL- we do Achieve the most competitive electric power costs for our customers. Work as an independent & unbiased representative of the town's residents. s gjw 71 BAIN d v Ow% n t g u [ UoMpo'AltlVe A ci C- 3 Guidance in contract terms to meet specific needs, term length & save customers time & expense Develop customized plan & strategy to establish future price objectives Procurement process provides significant savings due to identification of dramatic & volatile price swings Winning supplier pays Global nominal, predetermined volumetric transaction fee. a. a. '° b a E te c ric. r 0 c mum r m te n t Va I mum te P r u, p u,s i Independent & unbiased company Extensive network of electric power suppliers Agreements in place with lar g est & most active electric suppliers in marizetplace Relationships plus bidding process provides our customer base ability to receive the most comprehensive and transparent pricing of electric power. Following chart portrays range of price quotes through;an actual RFP. k � u r� . .r 4. How can differten-%icte i &l,%l su --% p ier i sim ,akL Ii P your ( ctuao a�, �e) Cost of $87,500 ElectriCit $420,000 Difference from $400,500 Highest/Lowest Bid $393,000 $362,500 a. $332600 $300,000 Example of Annual Costs $250,000 for 5 Million kWh Electric $200,000 Customer Supplier A Supplier B Supplier C Supplier D Supplier E Bids: s.o665 $.0725 $.0786 s.o8oi s.o840 -�" r m3 s a ? xt we `t _-{, •.5..? � #.` ; U„ k Y ���� .'X. rg w... G Ag&-rg -reguation Target M co-j% r mmK e IOL of lc-Wh in MA not Purchased from Competitive Supplier_by Category; Residential 87% r Small Commercial 6o% 111111jgj _ ..... ,,. y. Medium Commercial o% 4 4, w g Lar e Commercial ii% t � ? � r Source: Massachusetts Department of Energy Resources January 2012 R : '•'"`° Up I If ' hr% icr% UU r e t c 0 M I u n i bi c a , a � a r y •ConE ison So utions �t -Term thru Aug 2012 *Sayings - s18o 000 Est. •ConE ison So cations •Term thru june 2012 � :� � ��� .��� �.���. Y� £�.�: •Savings - X200,000 (Est.;) •ConEdison Solutions -Term - thru Nov 2012 •Savin oo resent $2 000 000' •Dominion Retail -Term - thru j an 2012 -Sayings - $-150,000 Est. +ConEdison Solutions � �k z -Term 7/1/01 Present -200'000 participatinay households ` z a ^° g 1n 0%B f t u idpa -ty e , it= ii uommunity mien Ii with Community Choice �-I No longer stucl� with utility's rates City sets its awn energy goals G, a �lzt City can seek long-term rates Na� tad No adds to staff Opt out Alit w x in u.e Adval&-%l tdgt� s Uf UOMMU1111my (0.m%. h u i %c Non Discriminatory Subject to DPU a PP roval after consultation with DOER Subject to Ethics and Open BLaws Subject to local consumer control Can attract businesses to community due to lower electric P ower rate. CZ R yc-xf x .... '"4`'£"�,xs '4*c c g x. r < Y } 44 e+' F epoft o imp r% ment Planim AM n t , of c� s i t cost 2> With r ven rate receive below utility rate Globa i"s authorized to execute A58reation lan f ow �e, es Ma :votello "I, jor�t 3 2 3 t (G,L 34) i t ; Me. C1 le r -elated documents witli MA DFU f. O t . ; Cont. t CLOBAL- ? ' gio, 47 AW%L t p S to implement PICO-%In , 6) Execute Electric noervice Agreement (ESA) 'WI"tn SM-o"o-oner, FF -con umer: • ® • A: r 8) . t-ommunicate Opt-out process and im"gAement for consumers to Py C Sul w ni I anage eji II m en' t or, tict at g, � - to CLOBAC t �.i ., F r qg u Estimate U U U -% omi, , - salvii 1&-%Igs to be P suit ba ck i 1&-%It,-% the 1 ,-%ca I ecO I I Y 9,943 (# North Andover HHs [CityData Website] x 9,t5oo 1zWh (Avg. annual usage by residential utility customer [EIA]) 94,458,5oo ResidentiallzWhs 40,482,m4 Est. lzWh Commercial/Industrial (est.30%o of total) 134,940,714 Total Est. kwhs X $0.01 (Est. Jiff. Choice Aggregation vs. utility rate) $1,349,407 Ann. Est. Savings on electric power by North Andover residents and businesses to be put back into local economy $1,34.9,714 Potential Anna Savings on Electric Power 0 k ItIca to mum c Lo",.4 e s s otAw4 Parmogram Develop consumer education ME131A pro ram using City of North Andover Branding associated with all elements of n:cam al � 1 P g KIT ---i- Web site Newspaper ads Direct Mall r Phone Hotline Press conferences } Media Kits CLOBAL „ 2 ........ MW J6 0%A T J, Lower 0^,o%t *d ,#%nts and ric rates foriats resl busi nC,,%sses* r r,” < rcx WWI , �M Did you know that the Commonwealth of Massachusetts has v � created the Community Choice Aggregation program? What does this mean to you a resident or business owner? a It means lower �K electric What is Aggregation: Energy aggregation is the process in which energy is sold to consumers who have joined together as a group (the residents and businesses of North Andover*). By buying large blocks of energy, aggregation groups can reduce a supplier's marketing and administration costs, thus giving the aggregated group greater buying power. The reduced costs are then passed on to YOU, the North Andover resident or business* as savings to your electric bill. IN a I 's 00% ole 'in the P @1,0 0 Ow& ,C e *r%--- 10ba K L Create Aggregation Plan Steer Plan through local & state approval processes r Analyze Load Data Meer 5 r Preparation of RFP's for Supply of Power n, Negotiate and draft contract for egotiate ; Customer Enrollment/Transition Process Idu!ate Public Education t-5 Management & monitoring of Aggregation Program RRIBM Government Aggregation Works '. Saving your conStituen-Eb money makes them happy ', 11 tl� Ak' Fa _ m 04 T 'M' A N YO U s A i r r 4 „r • North Andover Health Department Community Development Division MEMORANDUM To: Curt Bellavance, Com. Dev. Director From: Susan Sawyer, Health Dir. Date: March 5, 2013 Re: Surplus equipment Please find the following surplus equipment item listed below. This was used as a back up battery to the Health Department's vaccine refrigerator. The batteries are both dead and cannot be recharged. Replacement parts are unavailable and/or cost prohibitive. The unit has no useful value. The possible value for salvage of precious metals is unknown. It is requested that this equipment be moved from the nurse's office to the IT department, or other location, to be held until its final disposition is determined. Thank you 1) Matrix UPS 5000—(this is a discontinued item, no longer offered for sale) http://www.ape.com/resource/include/techspec index.cfm?base_sku--mx5000 Matrix-UPS NMEIEo 0 0 APC Matrix-UPS RVA 208V/240V In 120/208/240V Out DISCONTINUED APC Matrix-UPS, 3750 Watts/5000 VA, Email Technical Specifications Printer Input 208V/Output 120V, 208V , Interface Port Friend) DB-9 RS-232, SmartSlot i F More Images 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com NORTH ANDOVER YOUTH & RECREATION SERVICES TO: Ray Santilli, Asst. T M nager FROM: Rick Gorman DATE: 3/18/13 RE:Annual Carnival The Youth & Recreation Services respectfully requests that the North Andover Board of Selectman approve the 20th ANNUAL CARNIVAL to be held April 24th thru April 28th 2013. The Carnival will be held on the grounds of 1600 Osgood Street.The hours of operation are as follows: Wednesday, April 24th 5:00-9:00 PM Thursday, April 25th 5:00-9:00 PM Friday, April 26th 5:00-11:00 PM Saturday,April 27th 12:00-11:00 PM Sunday, April 28th 1:00-9:00 PM We will work closely with all town departments to ensure a great event. We respectfully request to also have permitting fees waived by the appropriate departments and commissions. Thank you once again for your support of this annual event which supports our summer programming. If you have any further questions please feel free to contact me at 978.682.9000. I I II TOWN OF NORTH ANDOVER Fire Departnnent Fire Prevention Office Centre! Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Telephone (978) 688-9.593 FAX (978)688-9594 Andrew Melnikas arnelrtikasa]'otivno \,o�th^,4 ndover.con Fire Chief Y Lt Frederick NIcC arthv Fire Pr•eventiori Officer h:McC'c 47-thj)@Iownof7orthandoi=er.corn March 19, 2013 To: Adele Johnson From: Andrew Melnikas, Fire Chief Re: Youth and Recreation Carnival The Fire Department has reviewed the request regarding the Youth and Recreation Carnival . The owner of the company is aware that all propane over twenty lbs must be permitted and that the Fire Prevention Officer will do a walk through with the Building Department official(s)prior to the commencement of the Carnival. Chief Andrew Melnikas INTEROFFICE MEMORANDUM DATE: March 19, 2013 �I TO: Adele Johnson,Administrative Secretary FROM: Bruce Thibodeau,Director of Public Works CC: RE: Annual Spring Carnival The Division of Public Works has no objection to the request from Youth and.Recreation to hold the Annual Spring Carnival at Osgood Landing between the dates of April 24, 2013 and April 28, 2013. If they need any assistance from the DPW, please have them contact my office. TOWN OF NORTH ANDOVER POLICE DEPARTMENT "Community Partnership" To: Adele Johnson,Administrative Secretary From: Lt. John Carney Date: March 19, 2013 Re: Youth Services Carnival The Police Department recommends favorable action on the request from Youth Services to hold their annual carnival April 24t'—28th 2013 at 1600 Osgood Street. The Police Department will work closely with the committee to provide police coverage and address any safety concerns. �I 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us Neurofibromatosis, t 5 Committee 9 Bedford Street—Burlington,MA 01803 NF Kate Duff&Dan McKee 781-272-9936—info @nfincne.org Co-Chairpersons �a HE C uR� www.nfincne.ora �c op Michelle Donovan'.....a John Duff gg Megan Duff Jill Tozza Feeney Peter Gentile March 3, 2013 Tracy Kelley Chanda McKee Andrew W. Maylor i Kevin McKelvey Town Manager Alex Powers Town Hall Elaine Powers 120 Main Street Melissa White North Andover, MA 01 845 Dear Andrew, On behalf of Neurofibromatosis Northeast, I am seeking permission to include North Andover on the route for the third Annual Coast to the Cure bike ride to benefit Neurofibromatosis Northeast. Coast to the Cure takes place on Saturday, September 7, 2013. The ride starts and finishes at Stage Fort Park in Gloucester. The event consists of three prescribed routes (25, 62 and 100 miles)encompassing 18 communities: Beverly, Ipswich, Wenham,Hamilton,Essex,Manchester, Georgetown, Groveland, North Andover,Boxford, Middleton, Topsfield, Rowley, Haverhill,Amesbury,Merrimac,Newbury and Newburyport. I can assure you that all participants will wear helmets,travel in an organized fashion on public roads, never on private property, and will obey the rules of the road. The cyclists will leave Stage Fort Park in staggered starts beginning at lam. We anticipate approximately 50 riders in total travelling in packs of 3-6 people over a period of two hours through your community. The following streets in North Andover are on the route: Salem,Foster, Winter and Dale(long route). Proceeds from the event benefit Neurofibromatosis Northeast and support our mission of finding a cure and treatment.for neurofibromatosis by promoting scientific research, creating awareness, and supporting those who are affected by NF. Please don't hesitate to contact me if you have questions. I can be reached at(781)272-9936 or snathangnfinene.org. Thanks so much for your consideration. Sincerely, Sonja Na an Director of Special Events . Neurofibromatosis, Northeast is a 501(c)(3)tax-exempt organization An advocate for NF patients and families since 1988 INTEROFFICE MEMORANDUM DATE: March 12,2013 TO: Adele Johnson,Administrative Assistant FROM: Bruce Thibodeau,Director of Public Works CC: RE: Neurofibromatosis Northeast The Division of Public Works has no objection to the request from Sonja Nathan of Neurofibromatosis,Northeast, to hold their third annual bike ride through Salem, Foster, Winter, and Dale Streets on Saturday, September 7, 2013. F' rte! TOWN OF NORTH ANDOVER w POLICE DEPARTMENT r, "Community Partnership" To: Adele Johnson,Administrative Secretary From: Lt. John Carney Date: March 13, 2013 Re: Cycling Event—Neurofibromatosis,Northeast The Police Department recommends favorable action on the request to use town roads on September 7, 2013 for a cycling event sponsored by Neurofibromatosis Northeast that passes through North Andover. We have had no issues with this event in the past and they are not requesting any police services. I i I 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us I From: Marc Cooperstein [mailto:cooperstein 5t3advisors.com] Sent: Monday, March 11, 2013 10:34 AM To: Maylor, Andrew Cc: Gray, Charles Subject: NABCLL Parade 2013 Request Mr. Maylor, On behalf of the North Andover Booster Club Little League, I, Marc Cooperstein, respectfully request to be placed on the agenda for the Selectmen's meeting on Monday, March 11, 2013, to request permission for a Little League Parade. I understand that this is short notice; however, as you may be aware, I have been in the process of revitalizing the Little League parade for some time now. This parade is one of the great baseball traditions in many communities today. North Andover previously hosted a parade that marched from Grogan's field to the Carl Thomas many years ago. Because this parade is truly a community event which brings our youth, residents and business owners together in a very positive way, I would like to expand the parade to include more than a few residential streets. This past Saturday, Lt. Charles Gray of the North Andover Police Department and I canvased the downtown area, specifically those businesses on the proposed parade route. We stopped and talked to many of the local owners and proprietors on the route for a few hours. We soon found out that not only would they be happy to see a parade of Little Leaguers on their street, but they also would appreciate the increase in business from the parade. With over goo little leaguers currently enrolled, plus parents and siblings, a conservative estimate would be an increase of about 1,500 people in the downtown area that morning. e minimal Please review our attached proposal which outlines the details of the parade and demonstrates speak t the selectmen impact on local businesses through closing the roads to vehicular traffic. I would like to to ask permission to have the parade. Due to time constraints,be in nd we can respectfully request the and execute the parade speak with them as soon as possible so that the planning can g efficiently and successfully for May 4th Thank you in advance for your consideration. Sincerely, Marc Cooperstein Marc Cooperstein.Senior Vice President d:781.966.2776 n.:617.799.9691 cooperstein t3advisors.com www.t3advisors.com Check out T31s Real Estate Thought LeLadershiR Blo {`ills rrr;;.srrF rr}aY r..o 3falr;t r7nfiti raf r:3 srr os;rr<rlut^arcs} s intended ,n be read only by fi ,iix+;+:dual to wYrr m r,is ad�irF=c. e-i[ if v{w;��'v�' rec;e€Z/e(j tins ii-wssage iM error,ptease notify ther.e„<t.~r rsfi;rr:tlatet} and d fete or destraY rrr)Y COPY i N.A.B.C.L.L. Opening Day Parade The North Andover Booster Club Little League (NABCLL)would like to petition to bring back a long-standing tradition to our town. The ceremonial Opening Day Parade kicks off many Little League baseball seasons throughout surrounding communities. It is a wonderful way to inspire sportsmanship among our young players and helps to build community in our town as the players proudly march through our streets and feel the support of residents and local businesses alike. In years past, North Andover hosted a similar parade stretching from Grogan's playground to the Carl Thomas Field. We hope to expand the parade route to increase exposure to the downtown area. We expect to have more than one thousand (1,000)players and their parents participating in this event.Although the logistics in organizing a parade of the size may cause some inconvenience, we anticipate the parade will be well-received by local business owners as it will result in an increase in foot traffic and generate extra business for local shop owners. The parade will include youths from tee ball through the 16-18 year old players. Below are the details of the proposed parade plan: Date: Saturday, May 4, 2013 Time: Approximately 9:oo AM start Anticipated length: 1-1 1/2 hours Staging Area: First Street (Participants will be encouraged to park at St. Michael's rear lot as well as at the Carl Thomas playground to discourage parking lot congestion at the First and Main Marketplace.) Business Support: • Star Pizza is the first business to open on First Street at 7:3o AM. The owner expressed no problem with closing the street as long as foot traffic was still able to enter. • CVS indicated an interest in supporting the parade by planning to have extra supplies on hand to sell, such as water and food for the participants. • Many other businesses within the Marketplace said that they do not have a problem with the parade or the route and welcomed the added exposure and foot traffic. • Businesses along the Main Street route between'First Street and Waverley Road also had no problem with the closure of the street for an hour or so. In fact, many owners said that when there are parades, they do see an increase in customers. Safety: First Street will be closed at Main Street and Maple Ave. The parade will be organized safely and efficiently on the street with no motor vehicle traffic. Should residents or business customers need to access the street, arrangements will be made to open the roadway. Due to the large number of elementary children, the road being shut down is a necessity. Parade Route: Once the parade is arranged, the North Andover Police Department will lead the parade onto Main Street and down to Waverley Road as close to 9:oo AM as possible. From Waverley Road, the parade will take a right turn onto Dana Street and continue to the Carl Thomas Field where the Opening Day Ceremonies will take place.Additional parking areas will be 198 Mass Ave and on the street. Every effort will be made to ensure legal on-street parking with little to no interruption to residents or businesses. Local businesses will be invited to partake in the festivities. They will be reminded to obtain a temporary permit from the board of health and, upon doing so, will have an area to set up a booth to sell their products. i INTEROFFICE MEMORANDUM DATE: March 12,2013 TO: Adele Johnson,Administrative Assistant FROM: Bruce Thibodeau,Director of Public Works CC: RE: Little League Parade The Division of Public Works has no problem with the request from the North Andover Booster Little League to hold a parade which will start at First Street; be escorted by police down Main Street and down to Waverley Road,then to Dana Street and continue to the Carl Thomas field. This will all commence at 9:00am on Saturday,May 4, 2013. If there is to be an area to sell food products, please advise them that they are responsible to get rid of the trash and recycling in the area. TOWN OF NORTH ANDOVER Fire Department Fire Prevention Office Central Fire Headparters 124 MAIN STREET NORTH ANDOVER, MASSACHUSE'T'TS 01845 Telephone(978) 588-9593 FAX (978)688-9594 Andrew Melnikcxs Fire Chief aiyelt1ikctS(�4),7o vncfiVarthAndover.coin .Lt Frederick McCartliv Fire Prevention Officer 1{:McCcxrth ,@towragfrtorthctndorer.c:oin March 13, 2013 To: Adele Johnson From: Andrew Melnikas, Fire Chief Re: North Andover Booster Club Little League Parade The Fire Department has reviewed the request from the North Andover Booster Club Little League to hold a parade on May 4, 2013. We do not anticipate any fire safety issues. Chief Andrew Melnikas r TOWN OF NORTH ANDOVER POLICE DEPARTMENT "Community Partnership" To: Adele Johnson, Administrative Secretary From: Lt. John Carney Date: March 19, 2013 Re: NABCLL Parade The Police Department recommends favorable action on the request from the Booster Club to temporarily close town roads and hold their parade on May 4,2013 as outlined in the request. We will work directly with the group and make adjustments as necessary based on the conditions,the availability of volunteer officers and officers from the shift. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us INCIDENT BRIEFING (ICS 201) 1. Incident Name: 2. Incident Number: 3. Date/Time Initiated: NABCLL Parade Date: 5/4/2013 Time: 0730 4. Map/Sketch (include sketch, showing the total area of operations, the incident site/area, impacted and threatened areas, overflight results, trajectories, impacted shorelines, or other graphics depicting situational status and resource assignment): has been modiW y� z � a v C 5�$ fir, 4ir ntm byµ M1 f'fr!.d. r � �al3imary fD rrs~ p Ib r N if' Zt .ttF ,b� Pr,tvrt rA' F bra,' u ,a earl snas+ .,r °� Un rr St Uruan St �. .0 9 c N Na 5 i r tdt O +Aldd'e•�*St ®sa.Y Sr 9 k '.e K'M", �t4 a/,bbd esyX S! K a,ald 6t Z .Namrao Rd 3¢ 5. Situation Summary and Health and Safety Briefing (for briefings or transfer of command): Recognize potential incident Health and Safety Hazards and develop necessary measures(remove hazard, provide personal protective equipment, warn people of the hazard)to protect responders from those hazards. See Attached I i I I ICI 6. Prepared by: Name: Position/Title: Signature: ICS 201, Page 1 Date/Time: Cate Operation Plan: North Andover Booster Club Little League Parade Operation Date: May 4, 2013 Operation Period: 0730-1130 Parade Organizer: Marc Cooperstein 617-799-9691 Parade Co-Organizer: Charles Gray 978-476-9954 NABCLL President: Kevin Breen Safety Officer: Staging Area Coordinator: Carl Thomas Field Coordinator: Parking Coordinator: Incident Briefing: This is the first time this parade is being organized at this location. We anticipate a learning curve as we organize and arrange this event. The plan is to have player drop-offs at the First and Main parking lot. Once the players are dropped off, we will encourage parents to park their vehicles at 198 Mass Ave or the Thomson School as an overflow location. Lastly, on street parking along Dana Street and Beverly Street according to current bylaws. The First Street Coordinator will then form the teams into the parade according to the lineup (Instructional League first). Once the parade has been formed, the NAPD will begin the parade as close to ogoo as possible. The parade will begin on Main Street, travelling west and turning south onto Waverley Road. From Waverley Road, the parade will travel approximately 1/4 mile turning west onto Dana Street. Once on Dana Street, the parade will continue west until entering the Carl Thomas Field Complex. Upon entering the complex, the Carl Thomas Field Coordinator will assign teams to their respective locations for the Opening Day Ceremony. Situation Summary and Health and Safety Briefing: The safety and well being of the parade participants is the highest priority. Every person in the parade is a designated safety officer. Should anyone see or hear about a potential safety issue, they should be directed to contact their Coach who will, in turn, make the necessary communication to the safety officer. Every effort will be made to ensure the safety of not only the players, but the motor vehicle traffic as well. In the event of an emergency while on the parade route, ca11911 and let dispatch know your location, the age of the person suffering a medical emergency, and let the nearest Coach know so that arrangements can be made to allow for a parent or ambulance to respond. If it is a child under the age of 17 years, DO NOT LEAVE THEM. Attempt to contact the parents so consent can be given for medical treatment. Responding EMS will need to speak to the parent of a child and will not release the child until doing so. Utilize the numbers on the next page for medical emergencies: Important Medical Information: EMS Transportation: Location Contact Number(s) Level of Service NA Fire Dept. 124 Main Street 978-688-9590 BLS NAPD Emergency Dispatch 1475 Osgood St. 911 or 978-683-3168 BLS Hospitals: Hospital Address Contact Number(s) Distance Trauma Burn Helipad Name Center Center Lawrence 1 General 978-683-4000 Less than 2 General Street, Miles Yes Yes Yes Hospital Lawrence MA Demobilization Plan At the conclusion of the Opening Day ceremonies, all Coaches, Coordinators, and Organizers will remain at the Carl Thomas Playground until all children have left the facility. Johnson, Adele From: Keith D'Entremont[Keith @AngelFlightne.org] Sent: Tuesday, March 12, 2013 3:00 PM To: Johnson, Adele Subject: RE: Approval for Angel Flight NE Adele J. Johnson Administrative Secretary Town of North Andover 120 Main Street North Andover, MA 01845 Good afternoon Adele, I hope that you are well. I am following up on our communications and sending the following letter, requesting approval from The Town of North Andover for Angel Flight Northeast to host our annual Ride for Angels charity cycling event. Angel Flight Northeast is a 501 c 3 organization that provides free flights of healing and hope to individuals needing to travel to receive medical care. Our office is located at the Lawrence Municipal Airport. We are once again asking the Town of North Andover to grant permission for us to hold our annual Ride for Angels charity cycling event. The date for our 2013 Ride for Angels is Sunday, September 8th; the Airport commission as given approval for this date. The purpose of this event is to bring about awareness of Angel Flight Northeast and the services we provide as well as to raise funds for our organization.We are anticipating up to 200 riders for this years ride. Like last year, this year's ride will again offer riders with four routes to choose from, a 20, 40, 65 or 100 mile route. All riders will begin and end their rides at the Lawrence Municipal Airport. Scheduled departure times are as follows 7:00 AM — 100 mile ride leaves/ 8:30 AM—65 mile ride leaves/10:00 AM—40 mile ride leaves/ 11:00 AM—20 mile ride leaves. All riders are expected to retune to the airport between 1:00 &2:30 that afternoon. The North Andover byways/streets that will be traveled on as they leave the airport are Sutton Street; Rte 125 for a few hundred yards and then great Pond Road. As they return in the afternoon, they will be traveling on Dale Street; South Bradford; Pond Road: Stevens Road: Osgood Street; Rte 125 for a few hundred yards and then finally Sutton Street. Upon returning to the airport riders will be treated to a BBQ luncheon. As it was last year, Catering & Cooking service will again be provided by Corporate Cafe of Woburn MA. Registration begins at 6:30 am and breakdown should be complete by 4:00 pm. Thank you Adele, please let me know if you need any further information or if you have any questions regarding our Ride for Angels. I look forward to your reply. Sincerely, Keith D'Entremont Corporate Development/Community Outreach Angel Flight NE Office: 978-794-6868 Cell: 781-775-8455 www,angelfli htne.org Join Angel Flight NE on Facebook: www.facebook.com/angelflightnortheast Providing Free Flights of Healing and Hope to those in need. 1 From: Johnson, Adele [mailto:ajohnson @townofnorthandover.com] Sent: Monday, November 26, 2012 3:02 PM To: Keith D'Entremont Subject: RE: Approval for Angel Flight NE Good Afternoon Keith, You certainly are being more proactive. Usually a written request or an e-mail is due 3-6 months before the actual event. You can do this in the spring or summer and still have plenty of time to organize your event and do some advertising. Basically we need to know what the event is for and when it will be held, start time and end time and what streets you will be using just like you did this year. The Fire Dept, also likes to be informed if you are having a barbeque and using a grill. If you need further assistance,just let me know. I will be looking for your request no sooner than April or May. Thanks, Adele J.Johnson Administrative 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 Y - w„ y S, From: Keith D'Entremont [ma ilto:Keith @Angel Flightne.org] Sent: Monday, November 26, 2012 12:26 PM To: Johnson, Adele Subject: FW: Approval for Angel Flight NE Good day Adele, I hope that you are doing well. I wanted to touch base to see if we can review what needs to be done for us to hold our Charity cycling event for 2013. We have received approval from the airport commission to hold the event September 8th 2013, again at the Lawrence Municipal Airport. Last years ride was extremely successful and we hope to have another successful ride for 2013. Last year we where a bit behind getting the approval we needed from the town. In an effort to be more proactive for our 2013 ride I am wondering if you can please let me know what information you need and what needs to be done. Thank you Adele 2 Sincerely, Keith D'Entremont Corporate Development/Community Outreach Angel Flight NE Office: 978-794-6868 Cell: 781-775-8455 www.angelflightne.org Join Angel Flight NE on Facebook: www.facebook.com/an gelflightnortheast Providing Free Flights of Healing and Hope to those in need, I From: Johnson, Adele [mailto:ajohnson @townofnorthandover.com] Sent: Wednesday, August 29, 2012 10:25 AM To: Keith D'Entremont; Keith D'Entremont; whiddenb @northandover.k12.ma.us Subject: FW: Approval for Angel Flight NE Good Morning Keith and Barbara, Attached is the approval from the Town Manager for your Charity Event and recommendations from the Fire, Police and DPW departments. If you have any questions, please contact any of the town departments Regards, 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 ajohnson @townofnorthandover.com Web www.TownofNorthAndover.com di From: noreply @townofnorthandover.com [mailto:noreply @townofnorthandover.com] Sent: Wednesday, August 29, 2012 10:15 AM To: Johnson, Adele Subject: Please note the Massachusetts Secretary of State's office has determined that most ernails to and from municipal offices and officials are public records.For more infonnation please refer to:http:/lwww.sec.st<ite,rTia.crs/pre./preidx.titrrr. Please consider the environment before printing this ernail. 3 TOWN OF NORTH ANDOVER Fire Departtn.ent Fire Prevention Office Central Fire Headquarters 124 MAIN STREET NOR'T'H ANDOVER, MASSACHUSETTS 01845 Telephone(978) 688-9593 FAX (978) 688-9594 Andrew Melnikas Fire Chief amelnikas a�Toimof TorthAndover.corn Lt Frederick rYlcC arthy Fire Prevention Officer l'.Mt:Ccarthj c%towrrofnvrthtrndvver.c:vrrr. March 13, 2013 To: Adele Johnson From: Andrew Melnikas, Fire Chief Re: Angel Flight,NE The Fire Department has reviewed the request from Angel Flight Northeast to host their annual Ride for Angels charity cycling event on Sunday, September 8th, 2013. We do not have any fire safety concerns. Chief Andrew Melnikas r INTEROFFICE MEMORANDUM DATE: March 13,2013 TO: Adele Johnson,Administrative Secretary FROM: Bruce Thibodeau, Director of Public Works CC: RE: Ride for Angels bike ride The Division of Public Works has no objection to the request from Keith D'Entremont of Angel Flight, to hold the"Ride for Angels" on Sunday, September 8, 2013, starting at 7:00am and returning by around 2:30pm. If he needs any assistance from the DPW,please have him contact my office. . .r TOWN OF NORTH ANDOVER POLICE DEPARTMENT r . "Community Partnership" To: Adele Johnson, Administrative Secretary From: Lt. John Carney Date: March 13,2013 Re: Cycling Event—Angel Flight Northeast The Police Department recommends favorable action on the request to use town roads on September 8, 2013 for a cycling event sponsored by Angel Flight Northeast that starts and ends in North Andover. We have had no issues with this event in the past. I have spoke to Keith D'Entremont and the Police Department will assist cyclists exiting the airport at the four start times. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us North Andover Community Access & Media, Inc. IL PO Box 125 NORTH ANDOVER North Andover, MA 01 B45 March 14, 2013 Andrew Maylor 120 Main Street North Andover, MA 01845 Dear Sir, I am sending you our proposed amended Bylaws for consideration by the Board of Selectmen. As you recommended, I have included a short summary explaining the reasons for the changes. Please let me know if the summary is informative enough. I would be happy to add more detail if you think it is necessary. If it is appropriate, North Andover CAM's Board of Directors and I would be willing to appear at a Selectmen's meeting to address this matter. If you could let me know the proper procedure, I would be happy to make any arrangements. Thank you for all your guidance in this process. Please let me know if there is anything else that we need to do. Sincerely, Brian Fraser Executive Director North Andover CAM IBM _ - Ph: 978-687-6570 www.northandovercam.org Fax: 978-691 -5465 North Andover Community Access & Media, Inc. -, CA PO Box 125 NORTH ANDOVER North Andover, MA 01 845 March 14,2013 Summary of proposed changes to North Andover CAM's Bylaws. North Andover CAM is submitting its amended bylaws to the Board of Selectmen for their approval. It is a requirement in the bylaws to do so if any changes are to be made to the" document. North Andover CAM started serving North Andover as a 501(c)(3) public access station when it was incorporated in 2004. Since then,the business has grown steadily and community involvement has increased to 200 plus members,including businesses,civic organizations and residents. As a result of our growing business,we have reviewed and updated our bylaws to support our growth and activity in the community. A majority of these changes primarily deal with operating procedures due to our growth;for example,defining memberships and annual meeting procedures. The specific changes I bring to your attention relate to references of the Open Meeting Law. The original bylaws had language that was confusing and in some cases even appeared to be conflicting. One of the primary concerns of our Board of Directors was if we were bound to comply with the requirements of the new Open Meeting Law,the clerical requirements alone would make it cost and labor prohibitive to effectively run North Andover CAM's operations. North Andover CAM and its Board of Directors found it compelling to amend the language so the responsibilities and intentions of the corporation as a 501(c)(3) organization would be clear. I have worked with Mr. Maylor regarding these changes to ensure they would be consistent with the town's interest in this matter. There were no changes to the bylaws that altered our mission as they were originally adopted. i I would invite you to contact me with any questions you may have. North Andover CAM is committed to serving North Andover's local television needs and we continue to look for ways to positively impact the community. We thank you for your ongoing support and partnership. Brian Fraser Executive Director North Andover CAM Board of Directors Steve D'Onofrio-President Jack Graham-Treasurer Corey Masson-Secretary Tom Ippolito Randy Hart George Dague-Cable Advisory Committee Chairman- (Advisory capacity) un�ni in inmi i�in u�mm�nuni m union uo v�mi�innm :.._. Ph: 978-687-6570 www.northandovercam.org Fax: 978-691 -5465 i Bylaws of North Andover Community Access and Media, Inc. Adopted 2003/Revised 2013 Article 1 Name, Purposes, Powers and Related Matters The name of North Andover Community Access and Media, Inc. (hereinafter in these By-laws referred to as the "Corporation") , the location of its principal office and its purposes shall be as set forth in the Articles of Organization and these By-laws, and the Corporation shall be exclusively charitable, scientific, or educational within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986 (the "Code") , as amended from time to time, and shall, as its primary activity, provide non-commercial public and educational cable access and related technology services to the residents, schools, businesses and other institutions of North Andover. The powers of the Corporation and of its Directors, officers, committees and members, and all matters concerning the conduct and regulation of the affairs of the Corporation and the manner in which and the officers and agents by whom its purposes may be accomplished shall be governed by such provisions in regard thereto, if any, as are set forth in the Articles of Organization and these By-laws . I All references in these By-laws to the Articles of f Organization shall be construed to mean the Articles of Organization as from time to time amended. Article 2 The Members I 1 . Eligibility All residents of the Town of North Andover and organizations located in the Town are eligible for membership in the Corporation. To be considered as a member, all individuals and -1- i i organizations are required to complete a membership form and submit any and all required fees with that membership request. The application submission shall then be reviewed by the Corporation' s Executive Director or his/her designee for consistency with these Bylaws. 2 . Qualification for Voting Membership Voting membership in the Corporation is open to individuals of the age of majority residing in North Andover, and eligible organizations located in North Andover, each of which shall have one vote, and such organization' s vote may be cast by a duly appointed representative of said member organization. To vote, such residents and organizations located in North Andover must: a. Complete and return to the Corporation an Access .Membership Enrollment Form; b. Pay the prescribed membership dues, if any, by category, as they may from time to time be established by the Board of Directors; and C. Maintain membership in the Corporation for at least thirty (30) days prior to any meeting of members. d. All eligible organizations are required to submit in writing, a minimum of seven (7) days prior to the Annual Meeting the name of its duly appointed representative who will be casting a vote on its behalf. 2A All members entering the fifth grade and through the age of 17 years are eligible to vote in an advisory capacity. They shall be allowed to work individually and with other members as fully and completely as voting members, and shall be permitted to communicate ideas and suggestions relative to the corporation. The results of an advisory vote of the student membership on any matter which will be the subject of a vote by the voting membership, shall be made known to all voting members and the board of directors in advance of the vote being taken. Student members shall be allowed to have their own officers who shall report to the Board of Directors . 3 . Annual Meeting of Members The Annual Meeting of Members shall be held in North Andover during the month of April . The date, time and location are to be determined by the Board of Directors . The purpose of the Annual Meeting of Members is to elect Directors, showcase the given year' s achievements and conduct the transaction of other business . 4 . Special Meeting of Members and/or Directors Special Meetings of Members and/or Directors shall be called by the President upon request of the Board of Directors . In order for' active members to request a Special Meeting, a petition is required in writing to be submitted to the Board of Directors, representing the purpose of said meeting, including a proposed agenda. The support of at least one-tenth of all active members shall be submitted in order for the petition to be accepted. 5 . Notice of Meetings A notice of every annual or special meeting of the Corporation, stating the place, date, hour, purpose and eligibility to participate in voting shall be given not less than seven (7) nor more than thirty (30) days before the date of the meeting to each member entitled to vote at such meeting at his or her address as it appears upon the records of the Corporation. The notification will be communicated using email, plus at least one or more of various methods, including but not limited to: a secondary e-mail address provided by the member, a mailing, the Corporation' s cablecast and/or other available means of communications deemed to be appropriate by the Corporation. 6. Quorum of Members a. ) Not less than five percent (50) of the existing voting membership must be in attendance at a duly noticed meeting to constitute a quorum. Voting at any such meeting shall be in person, and there shall be no remote or proxy voting. If a quorum fails to attend, a majority of those present may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present in person. At such adjourned meeting at which a quorum is present, any business may be transacted that might have been transacted at the meeting as originally notified. b. ) In the event that there are fewer than 15 members of the Corporation, the Board of Directors shall have the power to vote on any matter which would otherwise be reserved for the vote of a quorum of members . 7 . Procedure for Voting Members shall be entitled to - vote on matters submitted to the Members for approval at meetings of the Members, including the election of future Boards of Directors; and subject to the Board of Directors having the authority to vote on all corporate matters . In the case of a conflict between a vote of the Members and Directors, a vote of a majority of the Directors shall prevail. A Director may be a member if he or she otherwise meets the criteria for membership. 8 . Members ' Dues The Board of Directors may, from time to time, adopt a schedule of annual dues . Dues shall be maintained at a level reasonably intended to cover the direct costs of: maintaining the membership rolls; providing for participation by the Membership in the governance of the Corporation; and communicating the Corporation' s activities to the membership; including the use of printed materials such as a newsletter or a program guide. The Board of Directors shall make provision for the waiver of all or part of the dues for reasons of hardship. Article 3 Board of Directors 1 . Powers The Board of Directors shall have and may exercise all of the powers of the Corporation to the extent permitted by the General Laws, the Articles of Organization and these By-Laws. -4- 2 . Tenure and Qualifications The Board of Directors shall have five (5) Directors . For initial formation of the Corporation, the Board of Directors shall consist of five (5) Directors who shall be appointed as follows; three (3) initial directors shall be appointed by the Board of Selectmen; one (1) initial director shall be appointed by the Superintendent of Schools and one (1) by the Cable Advisory Committee. Directors shall ultimately serve three-year terms, however, to implement staggered terms, of the foregoing initial Directors, one of the Directors appointed by the Selectmen shall serve a one-year initial term; one shall serve a two year initial term; and one shall serve a three year initial term. The School Superintendent initial appointee shall serve a 3-year initial term. The Cable Advisory Committee initial appointee shall serve a two-year initial term. Subsequent terms for all of the foregoing Directors shall be for three (3) years. Successor Directors shall be appointed or elected following the expiration of initial terms as follows . The Board of Selectmen will in its discretion appoint one successor Director to the position held by the Selectmen-appointed Director serving the three- year initial term. The Superintendent of Schools will in its discretion appoint a successor Director to the Superintendent-appointed Director. Successors to the other initial Directors shall be elected, in accordance with these by-laws, by the Corporation' s membership. Each Director shall hold office until his or her successor is elected or appointed unless removed prior thereto in accordance with law and these By-Laws . Any Director appointed by the Board of Selectmen or by the Superintendent of Schools may be removed without cause by the Board of Selectmen or Superintendent, respectively, and a replacement Director shall be appointed by said Board or Superintendent for the unexpired balance of the removed Director' s term. Elected successor Directors shall only be removed in accordance with these by-laws . 3 . Nomination and Election Process of Directors Successor Directors to be elected shall be selected in the following manner: no later than thirty (30) days prior to the annual meeting of the Corporation, a Nominating I Committee of the Board of Directors shall notify the members of the Corporation of upcoming elections. The Nominating Committee shall be charged with the responsibility of compiling a slate of candidates for election to the Board. In addition to the candidates selected by the Nominating Committee, any member may become a candidate for election to the Board of Directors by presenting the Nominating Committee with a petition for special nomination signed by at least one-tenth of the eligible voting members of the Corporation no later than fourteen (14) days prior to the date of the annual or special meeting at which the election is to occur. Such candidates will be added to the Nominating Committee Slate for positions, on the Board of Directors. Signatures for purposes of this Section shall be deemed valid unless challenged prior to or as of the date of the election. Said elections shall be for the three (3) successor Directors not appointed by the Board of Selectmen and the Superintendent. 4. Removal of Directors, Vacancies Any Director who fails to attend three (3) consecutive meetings of the Board of Directors without reasonable excuse may be removed from the Board of Directors by a majority vote of those Directors present and voting at a regular or special meeting of the Board of Directors at a duly noticed meeting having a quorum of Directors present. Elected Directors may also be removed for cause by a vote of three fifths (3/5) of the full board as legally constituted in these Bylaws at a duly noticed meeting having a quorum of board members present. Any Director proposed to be so removed shall be entitled to notice in writing, mailed by both first class mail and certified mail a minimum of fourteen (14) days prior to the scheduled vote, which notice shall contain a statement of cause for such proposed removal. The Director shall be entitled to be heard by the Board of Directors at such meeting regarding the proposed removal, if he/she provides the President and the Clerk of the Board of Directors with written notice of their intent to be so heard by the Board at least five (5) days prior to scheduled meeting. ,Any vacancy on the Board of Directors shall be filled by the Board of Directors until the next scheduled _ election, except that appointed Directors shall be replaced by the -Fr I entity which appoints that Director pursuant to Paragraph 2 above. Such a replacement Director shall serve until the end of the unexpired term of the person whose absence caused the vacancy to exist. Further to removal of appointed Directors, see Art. 3, section 2 above. 5. Disqualification No member of the Corporation' s staff or applicant for a paid position with the Corporation shall serve as a member of the Board of Directors . No immediate family member of the Corporation' s staff shall serve as a member of the Board of Directors nor shall any immediate family of a member of the Board of Directors be an employee of the Corporation. 6. Schedule of Meetings The Board of Directors shall hold at least three (3) regular directors meetings during each fiscal year of the Corporation. The Board of Directors may hold special directors meetings whenever requested by the President or two fifths (2/5) or more of the Directors . The Clerk shall cause written notice of the regular and any special directors meetings to be mailed or delivered to each Director at least five (5) days before the date of the meeting, unless all of the Directors attend or sign a written waiver of notice . 7 . Meetings Open to the Public It is not the intention of the corporation or its board of directors to be subject in any way to the requirements of the Massachusetts Open Meeting Law as set forth in M.G.L. 30A, Section 18-25 including any, processes and procedures set out therein. It is the desire of the board to, when possible; strive to comply with the principles of the Open Meeting Law. Notwithstanding the private, charitable status of the corporation, meetings of the board of directors and meetings of the members shall be open to the public, unless the board of directors deems closed session to be in the best interest of the corporation. The posting of meeting notices on the corporation' s website and on television programming shall be in conformity with the time and content requirements of these by-laws, but if there is no specific time requirement, then at least 48 hours in advance of the meeting, excluding Saturdays, Sundays and legal holidays . 8 . Quorum of Directors A majority of the Directors shall constitute a quorum for the transaction of business. If a quorum shall not be present at any meeting of the Board of Directors, the Directors present may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. 9. Action of the Board of Directors The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law_, the Corporation' s Articles of Organization or these By-Laws. 10 . Compensation of Directors Directors shall not be compensated for their services as Directors other than the reimbursement of reasonable and necessary expenses incurred in the performance of such services . Article 4 Officers 1. Appointment The Board of Directors of the Corporation shall appoint the initial officers of the Corporation from among the Directors of the Corporation. 2 . Officers/Appointment/Multiple Offices/Term The officers of the Corporation shall consist of a President, Secretary (also known as Clerk) , Treasurer, and such other officers as the Board of Directors may deem desirable. All officers shall be appointed by the Board of Directors by majority vote of a quorum of the Board of Directors . No person shall hold more than one office at any one time. Each officer of the Corporation shall be elected annually at the Board of Director' s meeting following the annual meeting and shall hold office until the meeting following the annual meeting of the corporation, or special meeting held in place thereof, and thereafter until his or her successor is chosen and qualified. 3 . Removal The Board of Directors may remove from office any officer by a vote of three fifths (3/5) of the full board as legally constituted in these Bylaws . Any Officer proposed to be removed shall be entitled to at least ten (10) days notice in writing with statement of cause by mail of the meeting of the Board of Directors at which such removal is to be voted upon and shall be entitled to appear before and be heard by the Board of Directors at such meeting prior to any such vote for removal taking place at that meeting or thereafter. 4 . Vacancy A vacancy in any office may be filled by vote of the Board of Directors for the balance of the term. Officers shall not be compensated for their services as Officers of the Corporation. Removal from office shall not result in removal from Directorship unless in accordance with rules governing same. 5 . President The President shall preside at all meetings of Members and Directors . The President shall nominate the chairpersons of all other committees and may serve as an ex officio member of each such committee with voting powers as set by each such committee. 6. Secretary The Secretary (Clerk) shall issue notices of all meetings of the Board of Directors, and shall send such official notices as may be directed by the Board or required pursuant to these By-Laws . The Secretary shall also be responsible for all general correspondences of the Board and in general performing all duties incident to the office of the Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. The Secretary shall take or be responsible for the taking of minutes of all meetings of the Board of Directors and meetings of the Members called in accordance herewith. 7 . Treasurer The Treasurer shall be responsible for the custody of the corporate funds; keeping full and accurate accounts of receipts and disbursements of the Corporation; depositing all monies in the name of the Corporation in an institutional interest bearing account, and in such depositories as may be designated by the Board of Directors; and shall furnish a quarterly or monthly financial statement and an annual statement of all receipts and disbursements of the Corporation to the Board of Directors . If required by the Board of Directors, the Treasurer shall give a bond, which bond shall be an expense of and paid for by the Corporation. Article Five Committees 1. Standing Committees The Standing Committees of the Board of Directors shall include a Finance and Fundraising Committee and a Nominating Committee, as described below, and may include, as determined by the Board of Directors, the following Committees as described below: a. Finance and Fundraising b. Membership and Training C. Nominating d. Education and Programming e. 16 Community, School and Municipal Relations f. Facilities and Equipment; and such other Committees as may be created by the Board of Directors . The creation of the foregoing Committees shall be at the discretion of the Board of Directors and determined by majority vote of the Board. All such standing committees may include one (1) or more members of the corporation in the discretion of the board of directors . 2 . Appointment and Duties of the Standing Committees Committee chairpersons shall be nominated by the President and elected by majority of the Board of Directors. The members of each standing committee shall be nominated by the President, after consultation with the chairpersons of such committee. The Board of Directors shall elect members so that committee composition shall reflect the diversity of interests and neighborhoods in the Town of North Andover. Committees shall develop relevant policy recommendations for Board consideration. Chairpersons of Committees are responsible for keeping minutes of their meetings and furnishing reports as requested. 3 . Finance and Fundraising Committee The Finance and Fundraising Committee shall review the annual financial statements, approve annual reports; and recommend to the Board the selection of, and fees to be paid to accountants for the Corporation. It shall be the responsibility of the Finance and Fundraising Committee to report to the Board of Directors whether the Corporation is meeting its projected budget; on the scope and adequacy of the audits and related fees; and to continually monitor and report to the Board of Directors on the effectiveness and adequacy of the Corporation' s internal accounting controls . The Finance and Fundraising Committee shall, with the assistance of the executive director of the studio, develop and recommend to the Board the annual budget, and shall regularly monitor the Corporation' s expenses, and income. The Finance and Fundraising Committee shall develop and implement fundraising strategies for the Corporation. The Committee shall recommend to the Board of Directors various fundraising plans as needed, and upon the adoption of a fundraising plan by the Board of Directors, the Committee shall enlist Members of the Board of Directors, officers, 11 Members and other volunteers to assist in the implementation of specific projects . The Committee shall meet regularly to monitor the Corporation's fundraising status and to review grant proposals. 4. Membership and Training Committee The Membership and Training Committee shall develop and implement strategies for developing a broad-based membership in the corporation which encourages and fosters the development and production of access and community programming. Subject to Board of Directors review, the Committee shall handle all appeals regarding membership status and any other grievances of the Members. Except as necessary to comply with appropriate federal law and regulations and to provide the community access time described in the preceding paragraph, the Corporation's regulations governing the availability of program time and the Corporation's equipment and facilities shall provide for non-discriminatory access and u,se; provided, however, that the regulations may restrict use of equipment and facilities to Members of the Corporation who are qualified or certified to use them. The Committee shall develop and implement policies for the Corporation' s training activities, including outreach to publicize the availability of training activities, determining the subject matter of workshops and classes and certification requirements. 5. Nominating Committee The Nominating Committee shall select candidates for election to fill vacancy (ies) of the elected Directors of the Board of Directors. The Nominating Committee shall be charged with soliciting the names of nominees for the Board of Directors and with the preparation of a slate of candidates to fill such vacancy (ies) as elsewhere herein provided in Article Three, Paragraph 3. 6. Education and Programming Committee The Education and Programming Committee shall be responsible for ensuring that a wide variety of programming l2 which addresses the interests and needs of residents is available whether through the production or acquisition of such alternative programming and shall be responsible for promoting educational programming responsive to the needs of the schools and community. The staff person hired by the organization to serve as the executive director shall work with the Education and Programming Committee and with the Board of Directors and shall be responsible for implementing activities designed to ensure reasonable community coverage, including but not limited to coverage of Board of Selectmen and School Committee meetings, subject to oversight as herein provided in these by-laws . The Education and Programming Committee shall review and evaluate the allocation of channel capacity and other programming capacity which the Corporation manages, operates, or otherwise aids in scheduling; shall, subject to the direction and approval of the Board of Directors, coordinate the operation of such channel capacity with the operator of the cable television system; shall annually recommend to the Board of Directors revisions to the long range plan of the Corporation; shall recommend to the Board of Directors a procedure for the development and evaluation of strategies to maximize the quantity and quality of original programming produced or fostered by the Corporation; recommend to the Board of Directors an educational programming plan designed to provide educational benefits to the community and schools; recommend to the Board of Directors different plans for educating members about the role of access television and about the history of television, film and related media; review and recommend to the Board of Directors proposals for grant funding and monitor and report regularly all programming and channel operation activities to the Board. 7 . Facilities and Equipment Committee The Facilities and Equipment Committee shall evaluate the use of the Corporation' s access and community programming facilities and shall also be responsible for recommending all capital expenditures. The Committee shall oversee matters regarding real estate and leases. l3 8 . Community, School and Municipal Relations The Community, School and Municipal Relations Committee shall explore and recommend to the Board of Directors ways of integrating the Corporation into the community to serve the diverse needs of all community, school and municipal organizations, ethnic groups and other interests and shall inform and generally educate all such diverse groups about the Corporation and its services and facilities and cultivate interest in and access to the Corporation. 9. Other Committees The Board of Directors may, by majority vote, create such other committees and delegate such responsibilities to those committees as shall be considered desirable and permissible from time to time. Article 6 Miscellaneous Provisions 1 . Fiscal Year Except as from time to time otherwise determined by the Board of Directors, the fiscal year of the Corporation shall be the twelve (12) months ending December 31 of any given year. 2 . Annual Financial Review The account books of the Corporation shall be reviewed annually by an independent certified public accountant retained by the Board of Directors, and the report of such accountant shall be filed with the records of the Corporation. 3 . Execution of Corporate Instruments Mortgages, bonds, notes, checks, other evidences of indebtedness and such other instruments as the Corporation may issue in the conduct of its business shall carry the signature of the President and such other officer or 14 officers the Board of Directors may from time to time determine by resolution. No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances . 4 . Amendments Any part or all of these Bylaws may be altered, amended or repealed from time to time by a two-thirds vote of the Board of Directors present at a duly constituted regular or special meeting of the Board duly called for that purpose, provided that notice of the substance of the proposed alteration, amendment or repeal shall be stated in a notice for such meeting mailed to the Board of Directors no less than ten (10) days before such meeting. Any such changes must be ratified by the membership at the next scheduled annual meeting. Notice of such proposed changes must be provided with the notice of annual meeting pursuant to Section 5 of Article 2 herein. Any such amendment shall be subject to prior approval of the Board of Selectmen in its capacity as License Issuing Authority; provided however, if following forty-five (45) days from receipt of written notification of the proposed amendment and its text said Issuing Authority takes no action, the amendment will be deemed approved. Any amendment to the Articles of Organization shall be subject to same requirements as above. 5 . Conflict of Interest No Director or officer of the Corporation may participate in the evaluation, review and approval of any application for a grant or any other matter in which he or she has a direct or reasonably foreseeable personal interest. All grants and other transactions shall be conducted at arm's length and shall not violate the proscriptions in the Articles of Organization, these By-laws, or any other applicable prohibition against the Corporation' s use or application of its funds for private benefit. No such loan or transaction shall be entered into if it would result in denial of or loss of tax-exempt status under Section 501 (c) (3) or other applicable sections, if any, of the 15 Internal Revenue Code and its regulations as they now exist or as they may be hereafter amended. 6. Seal The Board of Directors shall approve and adopt a corporate seal which shall have inscribed thereon the name of the Corporation and the state of incorporation and the words "Corporate Seal. " The seal shall be stamped or affixed to such documents as may be prescribed by law or custom or by the Board of Directors . 7 . Non-Discrimination Selection of the Board of Directors, officers of the Corporation, Members, volunteers and staff shall not be based on race, color, religion, age, national origin, disability or sexual preference. 8 . Agreements with other Municipalities and Access Entities The Corporation may enter into agreements with other municipalities, access corporations or cable television licensees to provide cable television access services and to share resources, including but not limited to facilities, equipment and staff and other resources, and enter into other agreements to carry out activities consistent with the purposes of the Corporation. Such agreements should provide necessary resources to the Corporation to serve , the particular municipality in question. In the event that such agreements involve occasional transactional cooperation and collaboration including but not limited to sharing of occasional programs or occasional technical assistance, equipment and resource exchange, such agreements shall not require the prior approval of the Board of Directors or Board of Selectmen, however, at least the approval of the executive staff person (studio director) shall be required. In the event that such inter-entity agreements, including any such agreement with another municipality, involve a formal joint venture, formal partnership or contractual relation resulting in a change in or material impact on the intended mission, audience or membership of the Corporation or otherwise resulting in other municipalities or other studio 16 or programming entities having regular benefit or use of assets or resources of the Corporation, such agreements must be approved, as a contractual matter, by the Board of Directors and the Board of Selectmen. 9. Personnel Policies The Board of Directors shall be charged with developing the Corporation' s personnel policies, job descriptions and advertisements, reviewing and evaluating staff salaries and benefits and the performance of the Executive Director and shall be responsible for related personnel matters and grievances and coordinating the hiring of the Executive Director. Notwithstanding the foregoing, the Board may at any time create a Personnel Committee pursuant to Section 9 of Article 5 . 10 . Annual Report The Corporation shall prepare an Annual Report of operations and budget and copies of same shall be available to the public. Upon written request of the Board of Selectmen or its designee, the Corporation shall provide the Board of Selectmen, for advisory purposes only, opportunity to review and discuss the Corporation' s budget. The Corporation shall participate in hearings to be conducted by the Board of Selectmen or its designee to discuss for advisory purposes the Corporation' s operations . Article 7 Indemnification To the fullest extent permitted by Chapter 180, Section 3 of the Massachusetts General Laws as it exists or may be amended each Officer, and the Directors of the Corporation shall be indemnified by the Corporation against any and all claims and liabilities to which he/she becomes subject by reason of his/her being or having been an Officer or Director, whether or not he/she continues to be an Officer or Director at the time of the adjudication of such claim or liability. The Corporation shall also indemnify such Officer or Director for any and all legal and other l7 expenses reasonably incurred by him/her in connection with any actual or threatened action, suit or proceeding to which he/she may be made a party by reason of his/her being or having been such an Officer or Director, whether or not he/she continues to be an Officer or Director at the time of incurring such expenses. No Officer or Director shall be indemnified against any action, claim suit or proceeding in which he/she shall be finally adjudged liable by reason of his/her own gross negligence or willful misconduct; and no such Officer or Director shall be indemnified against the cost of any compromise or settlement of any such alleged claim or liability, unless said compromise or settlement shall be approved in advance by the Board of Directors . I �I I DECLARATION OF PROTECTIVE USE COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration of Protective Use Covenants, Conditions and Restrictions is made as of . this 7th day of June, 2012, by Cafua Realty Trust LX,LLC of 751 Main Street, Suite B,PO Box N Sanford,Maine 04073],their successors and assigns (herein collectively referred to as the "Declarant"), WITNESSETH: WHEREAS,Declarant is the current owner of real property, consisting of ONE parcel of land collectively consisting of approximately .66 acres of land,known and numbered as 1018 Osgood Street, being shown respectively, on a plan entitled"PLAN OF LAND in North Andover,Mass" owned by Cafua Realty Trust LX, LLC dated February 7, 2012, Scale 1"=20' prepared by MHF Design Consultants,Inc, and whereby Parcel (10 18 Osgood Street is identified in a Deed to Cafua Realty Trust LX,LLC recorded with the Essex North District Registry of Deeds in Book 12798, Page 2635 (hereinafter referred to as the"Property;" and, WHEREAS, the Declarant's Property was the subject of Warrant Article [ ] of the 2012 Annual Town Meeting for the Town of North Andover where said Article requests approval for the rezoning of the Property from Industrial 2 (1-2)to Business 2 (B-2); and, WHEREAS,the Declarant has agreed to prohibit certain uses outlined under the list of uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the Town of North Andover Zoning Bylaws; NOW,THEREFORE,for good and valuable consideration, receipt of which is hereby acknowledged, and for the mutual promises and covenants contained herein, the Declarant declares that the Property is and shall be held,transferred,leased, encumbered, conveyed, improved and occupied subject to the covenants and restrictions,hereinafter set forth below: 1. Land Subject to This Declaration. The real property which is, and shall be, held,transferred, sold, conveyed and occupied subject to this Declaration is the.Property as defined above. 2. Use Restrictions. Notwithstanding the uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the Town of North Andover Zoning Bylaws,the Declarant agrees the Property shall not be used for the following purposes: a. Automobile service station; and, b. Taxi depot. C. Public Parking Garage. Subject to the use limitations above,the Declarant shall be permitted to use the Property for all other uses permitted by law, including but not limited to, other uses permitted under the Town of North Andover Zoning Bylaws, as amended. 3. Architectural Features: Any structure to be built under the conditions of a Site Plan Review Special Permit, as specified in the North Andover Zoning Bylaw, Section 8.3, shall conform to the maximum extent possible to "New England"style architecture. 4. Enforcement. It is expressly understood and agreed that this Declaration of Protective Use Covenants, Conditions and Restrictions shall attach to and run with the land and run for the benefit of the Town of North Andover. Enforcement of this Declaration shall be by a proceeding at law and/or in equity by the Town of North Andover, acting by and through its Planning Board, against any person or persons violating or threatening to violate any covenant either to restrain the violation and/or recover damages suffered by them for any violation thereof. The Declarant, or the Town of North Andover and their successors and assigns,shall have the full right to enforce this Declaration of Protective Use Covenants, Conditions and Restrictions both in law and at equity, and to recover damages. 5. Severability. Each and every one of the covenants,conditions and restrictions contained herein shall be considered to be an independent and separate covenant and agreement, and in the event that any one or more of the covenants, conditions and restrictions shall, for any reason,be held to be invalid or unenforceable by a court of law,then all remaining covenants, conditions and restrictions shall nevertheless remain in full force and effect. 6. Duration. All of the foregoing covenants and restrictions shall continue and remain in full force and effect at all times against the owner(s)of any lot(s)in such Property,regardless of how such title was acquired, in perpetuity, unless applicable law provides that such covenants and restrictions cannot continue and remain in full force and effect in perpetuity, in which case they shall continue and remain in full force and effect for a period of thirty (30) years from the date of recording hereof, after which time said Declaration shall automatically be extended for successive ten(10)year periods, by an instrument which shall be recorded with the Essex North District Registry of Deeds by the owner(s) of the Property or which may be recorded by the Town of North Andover,within the time prescribed by M.G,L, G. 184, s. 27. 7. Non-Waiver. The failure or delay of the Town of North Andover or Declarant to enforce the restrictions, covenants or other provisions herein shall not be deemed a waiver of the right to do so thereafter as to the same breach or to one occurring prior or subsequent. 8. Amendment and Termination, The provisions in this Declaration may be amended, modified, and/or terminated by vote of the record title holder of the property, and with the assent of the Town of North Andover Planning Board,but such amendment,modification and/or termination shall not be effective until such time as it is reduced to writing, signed by the Property owner(s) of record, and recorded with the Essex North District Registry of Deeds. 9. Successors Bound. All of the covenants, conditions and restrictions described herein shall run with the land, and the grantees of the Property, by accepting the deed thereto, accept the same subject to such covenants, conditions and restrictions, and agrees for themselves, their heirs, administrators, successors and assigns to be bound by each such covenant, condition and restriction jointly,separately and severally. 10• Extent of Covenants Conditions and Restrictions. The covenants, conditions and restrictions created pursuant to this Declaration: (a) shall be subject to restrictions presently of record, if any; and, (b) shall only be effective after: (i)the North Andover Town Meeting adopts the Zoning Bylaw Amendment in the form set forth in the published 2012 Annual Town Warrant, (ii)all subsequent actions shall have been completed that are necessary to cause such Zoning Bylaw Amendment to be incorporated into the Zoning Bylaw(such as approval by the Attorney General); (iii)to the extent that any referenda challenging the Town Meeting's adoption of the Zoning Bylaw Amendment or any other appeal of the Town Meeting's adoption of the Zoning Bylaw Amendment has occurred, such referendum or appeal [a] has been fully adjudicated by a court having jurisdiction over such a matter(which court upholds the Town Meeting's adoption of the Zoning Bylaw Amendment)the decision of which is not subject to appeal or from which no appeal is taken within the relevant period; [b] such referendum or appeal is dismissed with prejudice, or [c] the appeal is settled by the parties thereto with the Zoning Bylaw Amendment remaining in force and effect without any modification thereto (collectively, "Final Zoning Bylaw Approval"), IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed under seal by Cafua Realty Trust, LX,LLC,this 7t"of June,2012, Cafua Realty Trust LX,LLC,by: Ferna Cafua, Its Manager COMMONWEALTH OF MASSACHUSETTS ESSEX COUNTY On this 7"' of June, 2012, before me, the undersigned notary public, personally appeared Fernando Cafua, as Manager of Cafua Realty Trust LX, LLC p ved to me through satisfactory evidence of identification, which was a ❑ driver's license,,;' personally known to me; or ❑ personally known to P party witness personally known to( e, to be the persons whose names are signed on the preceding or attached document, and acknowl ed to me that he signed it voluntarily for its stated purpose. Notarf Public My Commission E pt' N z �y Pula�,1G.�,� ACCEPTANCE BY TOWN OF NORTH ANDOVER The undersigned Board of Selectmen of the Town of North Andover hereby accept the foregoing Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the Town. Selectman Selectman Selectman Selectman Selectman Commonwealth of Massachusetts Essex, ss. ,2012 On this day of 2012, before me, the undersigned notary public, personally appeared the above-name Board of Selectmen proved to me through satisfactory evidence of identification, which was known to me to be the person whose name is signed on the preceding document in my presence and acknowledged to me that they signed it voluntarily for its stated purpose, as Selectmen of the Town of Andover. Notary Public My Commission Expires: I I Maylor, Andrew From: Tymon, Judy Sent: Tuesday, September 25, 2012 2:03 PM To: Maylor, Andrew Cc: Bellavance, Curt Subject: Covenant for 1018 Osgood St. Attachments: 1018 Osgood St Signed Covenant.pdf Andrew, One of the re-zoning items that passed at ATM 12 was the re-zoning of a parcel on Osgood St.from Industrial to Business 2, so that the parcel owner could develop a new Dunkin Donuts shop. The Planning Board supported the re- zoning because it is consistent with other commercial uses in the area. The parcel owner signed a `covenant' (attached)which restrict the uses that can be developed on the parcel. The uses that cannot be developed are automobile service station, taxi depot and public parking garage. These uses are allowed in Business 2 and the parcel owner has no intention of developing any of these uses. The Planning Board has done this before for other re-zoning warrant articles. They look at the list of allowed uses for that zone and ask the applicant to sign a covenant to exclude certain uses that would not be desirable for that location. One of the more recent covenants was for the CVS on 114. That covenant was signed in 2003. i The attached covenant was not reviewed by town counsel because I did not have the time (the Planning Board wanted to have it signed before the town meeting vote took place) and I know we are trying to cut back on. I followed the form for the CVS covenant. It does need to be signed by the BOS. I am bringing this to your attention because the applicant will be coming to the Planning Board for a Special Permit in November. Let me know if you have any questions. Judy Judith M. Tymon Town Planner Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9535 Fax 978.688.9542 Email itymon @townofnorthandover.com Web www,TownofNorthAndover.com pheas,e note+lie Mas.achhusetts`3ecrelaz y of States office has deter.iried that most to and from rnunicEipai offices and off c.ia s are public reconds.F,,r rfcrrrYt<:rtior3 Pk""allsre refer to:http://www.sec.state.ma.us/pre/preidx.htm. fl e ase considea ttie envuonrnent i)efofe ohnting this errrail. 1 III 2tHE C09119WOMVEALTYOT 9tASSAMVSEq S 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 North Andover who are qualified to vote in the Special State Election to vote at: PRECINCTS ONE TO EIGHT(1,2,3,4,5,6,7,8) NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET NORTH ANDOVER ON TUESDAY,THE THIRTIETH OF APRIL 2013, FROM 7:00 AM to 8:00 PM FOR THE FOLLOWING PURPOSE: To cast their votes in the Special State Primaries for the candidates of political parties for the following purpose: SENATOR IN CONGRESS FOR THE COMMONWEALTH 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 25th day of March,2013 i 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. I Constable Date A True Copy Attest—Joyce A.Bradshaw,Town Clerk OFFICER'S RETURN Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the Town office building and one public place in each voting precinct in the Town at least seven days before the date of said election. �I Constable Date I DECLARATION OF PROTECTIVE USE COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration of Protective Use Covenants, Conditions and Restrictions is made as of . this 7th day of June, 2012, by Cafua Realty Trust LX,LLC of 751 Main Street, Suite B,PO Box N Sanford,Maine 04073],their successors and assigns(herein collectively referred to as the, "Declarant'). WITNESSETH: WHEREAS,Declarant is the current owner of real property, consisting of ONE parcel of land collectively consisting of approximately .66 acres of land,known and numbered as 1018 Osgood Street, being shown respectively,on a plan entitled"PLAN OF LAND in North Andover,Mass"owned by Cafua Realty Trust LX, LLC dated February 7,2012, Scale 1"=20' prepared by MHF Design Consultants,Inc. and whereby Parcel (1018 Osgood Street is identified in a Deed to Cafua Realty Trust LX,LLC recorded with the Essex North District Registry of Deeds in Book 12798,Page 2635 (hereinafter referred to as the"Property;" and, WHEREAS,the Declarant's Property was the subject of Warrant Article [ ] of the 2012 Annual Town Meeting for the Town of North Andover where said Article requests approval for the rezoning of the Property from Industrial 2 (1-2)to Business 2(B-2); and, WHEREAS,the.Declarant has agreed to prohibit certain uses outlined under the list of uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the Town of North Andover Zoning Bylaws; NOW,THEREFORE,for good and valuable consideration, receipt of which is hereby acknowledged, and for the mutual promises and covenants contained herein, the Declarant declares that the Property is and shall be held,transferred,leased, encumbered, conveyed, improved and occupied subject to the covenants and restrictions,hereinafter set forth below: 1. Land Subject to This Declaration. The real property which is, and shall be, held,transferred, sold,conveyed and occupied subject to this Declaration is the Property as defined above. 2. Use Restrictions, Notwithstanding the uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the Town of North Andover Zoning Bylaws,the Declarant agrees the Property shall not be used for the following purposes: a. Automobile service station; and, b. Taxi depot. c. Public Parking Garage. Subject to the use limitations above, the Declarant shall be permitted to use the Property for all other uses permitted by law,including but not limited to, other uses permitted under the Town of North Andover Zoning Bylaws, as amended. 3. Architectural Features: Any structure to be built under the conditions of a Site Plan Review Special Permit, as specified in the North Andover Zoning Bylaw, Section 83, shall conform to the maximum extent possible to "New England"style architecture. 4, Enforcement. It is expressly understood and agreed that this Declaration of Protective Use Covenants, Conditions and Restrictions shall attach to and run with the.land and run for the benefit of the Town of North Andover. Enforcement of this Declaration shall be by a proceeding at law and/or in equity by the Town of North Andover, acting by and through its Planning Board, against any person or persons violating or threatening to violate any covenant either to restrain the violation and/or recover damages suffered by them for any violation thereof. The Declarant, or the Town of North Andover and their successors and assigns, shall have the full right to enforce this Declaration of Protective Use Covenants, Conditions and Restrictions both in law and at equity, and to recover damages. S. Severability, Each and every one of the covenants,conditions and restrictions contained herein shall be considered to be an independent and separate covenant and agreement,and in the event that any one or more of the covenants, conditions and restrictions shall,for any reason,be held to be invalid or unenforceable by a court of law,then all remaining covenants, conditions and restrictions shall nevertheless remain in full force and effect. 6. Duration. All of the foregoing covenants and restrictions shall continue and remain in full force and effect at all times against the owner(s)of any lots)in such Property,regardless of how such title was acquired, in perpetuity, unless applicable law provides that such covenants and restrictions cannot continue and remain in full force and.effect in perpetuity, in which case they shall continue and remain in full force and effect for a period of thirty (30) years from the date of recording hereof, after which time said Declaration shall automatically be extended for successive ten(10) year periods,by an instrument which shall be recorded with the Essex North District Registry of Deeds by the owner(s)of the Property or which may be recorded by the Town of North Andover,within the time prescribed by M.G.L, c. 184, s.27. 7. Non-Waiver, The failure or delay of the Town of North Andover or Declarant to enforce the restrictions, covenants or other provisions herein shall not be deemed a waiver of the right to do so thereafter as to the same breach or to one occurring prior or subsequent. 8. Amendment and Termination. The provisions in this Declaration may be amended, modified, and/or terminated by vote of the record title holder of the property, and with the assent of the Town of North Andover Planning Board,but such amendment,modification and/or termination shall not be effective until such time as it is reduced to writing, signed by the Property owner(s) of record,and recorded with the Essex North District Registry of Deeds, 9. Successors Bound. All of the covenants, conditions and restrictions described herein shall run with the land, and the grantees of the Property, by accepting the deed thereto, accept the same subject to such covenants, conditions and restrictions, and agrees for themselves,their heirs, administrators, successors and assigns to be bound by each such covenant, condition and restriction jointly,separately and severally, 10. Extent of Covenants Conditions and Restrictions. The covenants, conditions and restrictions created pursuant to this Declaration: (a) shall be subject to restrictions presently of record, if any; and, (b)shall only be effective after; (i)the North Andover Town Meeting adopts the Zoning Bylaw Amendment in the form set forth in the published 2012 Annual Town Warrant, (ii)all subsequent actions shall have been completed that are necessary to cause such Zoning Bylaw Amendment to be incorporated into the Zoning Bylaw(such as approval by the Attorney General); (iii)to the extent that any referenda challenging the Town Meeting's adoption of the Zoning Bylaw Amendment or any other appeal of the Town Meeting's adoption of the Zoning Bylaw Amendment has occurred, such referendum or appeal [a]has been fully adjudicated by a court having jurisdiction over such a matter(which court upholds the Town Meeting's adoption of the Zoning Bylaw Amendment)the decision of which is not subject to appeal or from which no appeal is taken within the relevant period; [b] such referendum or appeal is dismissed with prej udice, or [c] the appeal is settled by the parties thereto with the Zoning Bylaw Amendment remaining in force and effect without any modification thereto (collectively, "Final Zoning Bylaw Approval"), IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed under seal by Cafua Realty Trust,LX,LLC,this 7t"of June,2012, Cafua Realty Trust LX,LLC,by: Ferna Cafua, Its Manager ��tZ�fr p COMMONWEALTH OF MASSACHUSETTS ESSEX COUNTY On this 7"' of June, 2012, before me, the undersigned notary public, personally appeared Fernando Cafua, as Manager of Cafua Realty Trust LX, LLC p, ved to me through satisfactory evidence of identification, which was a 0 driver's license.;r, personally known to me; or Ll personally known to 3ra party witness personally known to e, to be the.persons whose names are signed on the preceding or attached document, and acknowl ed to me that he signed it voluntarily for its stated purpose, Notarf Public , My Commission E p'�f ����?iA•� �t+� q p,� 4�Cj 4 �•a";�NPUSN �,ti ► ACCEPTANCE BY TOWN OF NORTH ANDOVER The undersigned Board of Selectmen of the Town of North Andover hereby accept the foregoing Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the Town. Selectman Selectman Selectman Selectman Selectman Commonwealth of Massachusetts Essex, ss. ,2012 On this day of , 2012, before me, the undersigned notary public, personally appeared the above-name Board of Selectmen proved to me through satisfactory evidence of identification,which was known to me to be the person whose name is signed on the preceding document in my presence and acknowledged to me that they signed it voluntarily for its stated purpose, as Selectmen of the Town of Andover. Notary Public My Commission Expires: I� I Maylor, Andrew From: Tymon, Judy Sent: Tuesday, September 25, 2012 2:03 PM To: Maylor, Andrew Cc: Bellavance, Curt Subject: Covenant for 1018 Osgood St. Attachments: 1018 Osgood St Signed Covenant.pdf Andrew, One of the re-zoning items that passed at ATM 12 was the re-zoning of a parcel on Osgood St.from Industrial to Business 2, so that the parcel owner could develop a new Dunkin Donuts shop. The Planning Board supported the re- zoning because it is consistent with other commercial uses in the area. The parcel owner signed a 'covenant' (attached) which restrict the uses that can be developed on the parcel. The uses that cannot be developed are automobile service station,taxi depot and public parking garage. These uses are allowed in Business 2 and the parcel owner has no intention of developing any of these uses.The Planning Board has done this before for other re-zoning warrant articles. They look at the list of allowed uses for that zone and ask the applicant to sign a covenant to exclude certain uses that would not be desirable for that location. One of the more recent covenants was for the CVS on 114. That covenant was signed in 2003. The attached covenant was not reviewed by town counsel because I did not have the time (the Planning Board wanted to have it signed before the town meeting vote took place) and I know we are trying to cut back on. I followed the form for the CVS covenant. It does need to be signed by the BOS. I am bringing this to your attention because the applicant will be coming to the Planning Board for a Special Permit in November. Let me know if you have any questions. Judy Judith M.Tymon Town Planner Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9535 Fax 978.688.9542 Email itvmon @townofnorthandover.com Web www,TownofNorthAndover.com Please note the M1/3ssachusetts Secretary of State's office has determined that most ernails to and from rnunicipal offices and officials are public records.t or more information please,refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 TYE COM91109V"ALTV OF 9KASSACYWSEq S 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 North Andover who are qualified to vote in the Special State Election to vote at: PRECINCTS ONE TO EIGHT(1,2,3,4,5,6,7,8) NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET NORTH ANDOVER ON TUESDAY,THE THIRTIETH OF APRIL 2013, FROM 7:00 AM to 8:00 PM FOR THE FOLLOWING PURPOSE: To cast their votes in the Special State Primaries for the candidates of political parties for the following purpose: SENATOR IN CONGRESS FOR THE COMMONWEALTH 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 25th day of March,2013 William F.Gordon,Chairman Rosemary Connelly Smedile Donald B.Stewart Richard M.Vaillancourt i Tracy M.Watson SELECTMEN OF NORTH ANDOVER And you are directed to serve this Warrant b posting true and attested Y YP g I 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 Cleric OFFICER'S RETURN Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the Town office building and one public place in each voting precinct in the Town at least seven days before the date of said election. l Constable Date I TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH q �Q`SSI.IC yet MQ Joyce A. Bradshaw,CMMC 0 Telephone(978)688-9501 Town Clerk, * FAX(978)688-9557 �s i SACHUSE MEMORANDUM TO: Rosemary Connelly Smedile, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor,Town Manager / FROM: Karen A. Fitzgibbons, Asst. Town Clerk Y6410-111-- SUBJECT: Common Victualler and Entertainment Licenses DATE: March 19, 2013 Attached please find an application for a Common Victualler License and an application for an Entertainment License from Christos Kombouras, 6 Scotland Drive, Andover, MA. Mr. Kombouras is looking to open H-Donuts North Andover, Inc. dba: Heav'nly Donuts at 50 Main Street. Proposed hours of operation are 5:00 am to 7:00pm Monday thru Saturday and 6:00 am to 6:00 pm on Sunday. The Entertainment License would be for widescreen cable TV. The fees have been paid. Included are favorable recommendations from the Police Department, Fire Department and Building Inspector. If you have any questions/concerns please do not hesitate to contact me or Joyce Bradshaw. Thank you. TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL APPLICATION This is a general application for a license that the Board of Selectmen may grant. All license applications to the North Andover Board of Selectmen must be accompanied by the following information. Indicate if license is: new Ira o s t e 1 . F-1 change of dba❑ Other List type of license(s)applying for: Common Victualler = Package Store All Alcohol F]C1assI No.of vehicles for display: Restaurant All Alcohol F-1 Package Store Wine&Malt ❑Class II No.ofvehicles fordisplay:T = Restaurant Wine&Malt =Fortune Teller Club All Alcohol =Vehicle for Hire/Taxi No of Vehicles: Annual Entertainment Sunday Entertainment = Electronic Games-list below: Jukebox Billiard Table No.of tables: Business Name (legal): ht-poy As /Y otl4k ral dba: �h�in 0 Please attach copy of business certificate if applying as dba or individual. If business is a corporation or.LLC, please attach: 1. Certificate of Good Standing from the Secretary of State's Office. 2. Corporate Vote authorizing business at the location. n Address of licensed premises T ises (include zip code): �� l I�i r �'T_ � -Ch h u�-­ t7► �t1� mailing address (if different than above address): Name of individual/applicant authorized to apply for license: l ll c ia'4-n S_6 b b o y(lc'•S Business tel, no. of applicant: Business email: C X tr»v b2v-o.a' c`r r� F-1-(I'm r.E.LN'(F.I.N.). Please check one of the following:11 own premises glease premises 11 property under P&S Name and address of property owner if different from license holder: Ltm.kr r�..n ame �—, Ad Tess J_� ee ��. i ds ko�bcc rC s o J If applicable, please attach copy of lease and/or Purchase and Sales Agreement. Do you currently hold a similar license? What type? )0 0 Have you previously applied for a license? (Yes) ❑ (No)o Have you ever had a license revoked? (Yes)❑ (No) If yes, please indicate why: 1 If there is a building or structure associated with the license, please submit the following (preferably on 8112 x 1 I" paper-no larger than 8 112 x 14"): 1. Floor plan (include seating area), and 2. Site plan indicating parking areas and access to town ways. If applying for a Class I or Class II license, please submit a plot plan that shows: 1.The number of the vehicles on display 2.The exact location of the vehicles 3. Customer parking 4. Office area Proposed hours of operation: Monday Win. — _�-PrnThursday 6-0 Y.X G�✓h Tuesday Friday Wednesday Saturday Sunday r►• — j'M (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) Name of Business: 4r_(_,,'vJ4 Address: 0 V,'�``f( R J CS' IVIA D Federal Tax No. (If applicable): 39-3 o Y 1 I certifythat the North Andover Police Department may run a criminal records check for any prior offenses and that this information may be transmitted to the Local Licensing Authority at their request. Date: XW 17 Signature: I certify under the penalties of perjury that I, to the best of my knowledge and belief, have filed all state tax returns and paid all state and local taxes required by law. Date: 3 Signature: ~ I certify that I have read through the conditions included with this license and agree to comply with any further stipulations that the Licensing Authority may from time to time approve. I also hereby authorize the Licensing Authority or their agent to conduct whatever investigation or inquiry is necessary to verify the information contained in this application. Date: 1 Signature: Please contact the Town Clerks Office at (978)688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 o,iNORT:,� •D 4 y,SSA4HU5t1 h The Licensing Commission for the Town of North Andover APPLICATION FOR AN ENTERTAINMENT LICENSE The undersigned respectfully applies for an entertainment license as follows: LOCATION OF PREMISES ( a a'1 CLASS OF LICENSE: / DESCRIPTION OF PREMISES: HOURS OF OPERATION: Weekly Sunday , Please check appropriate item(s): JUKEBOX AMPLIFERS PHONO: _ BL T DESCR CASSETTE OPER.TV MOVIES: INSTRUMENTAL MUSIC: NO.OF INSTRUMENTS: Type of instruments: What floors VOCAL MUSIC:_ No of persons DANCING BY PATRONS: Type of Dancing; What Floors? Size of dance floor: Exhibition or Trade Show Describe: Play: Describe: Moving Picture Show: Describe: Floor Shorty. Describe: Athletic Event: Describe: Page Z Did you hold an entertainment license from the Commission pursuant to section 183A of Chapter t40? A.0 If yes, was it for the exact same entertainment being requested in this petition? .I i ,' j' MLCIl i rvC4G ( , the applicant or representative, certify to the following: I have read and -understand all the requirements that may be imposed upon the applicant under Chapter 140, Section 183A this license and those policies of the Licensing Commission regarding entertainment. That the only form of entertainment which may be allowed on the premises, if the application is approved, will be that which the Licensing Commission approves based upon my application. That all statements provided herein are true and are complete as possible. That I understand that this license may be suspended or revolted should the Commission � find that any items of information sought and given on this application are either untrue or not complete, or, that the applicant is found to have conducted the entertainment outside the provision of the above cited laws and regulations and outside of the approval given on such license or permit. Signature of App icant j Date: ' i i i i i i f I� H-DONUTS NORTH ANDOVER,INC. UNANIMOUS CORPORATE VOTE OF THE BOARD OF DIRECTORS AUTHORIZING NEW LOCATION Date: February 28, 2013 This is to certify that at a special meeting of the Board of Directors of the Corporation, held at the offices of the Corporation located at 6 Scotland Drive, Andover MA 01810 on February 28, 2013 at 7:00 am, all the Directors being present and voting, it was unanimously VOTED: The retail location at 50 Main Street,North Andover MA 01845 is authorized for the Corporation to conduct business as a Heav'nly Donuts and to enter into a lease agreement with the property owner, Premier Commercial Properties Realty Trust 1. Sincerely, Christos F. Kombouras Secretary H-Donuts North Andover, Inc. (617) 780-9328 combouras@gmail.com R' TOWN OF NORTH ANDOVER POLICE DEPARTMENT "Community Partnership" To: Karen Fitzgibbons, Assistant Town Clerk From: Lt.John Carney Date: March 13, 2013 Re: Heav'nly Donut The Police Department recommends favorable action on the common victualler and entertainment license applications from Christos Kombouras for Heavn'ly Donuts, 50 Main Street. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas ".o „gtie 32 4 o� Telephone(978) 688-9593 Fire.Chief FAX (978) 688-9594 Lt. F. McCarthy amelnikas @townofnorthandover,coin Fire Prevention Officer cNUS��t fraccarthy2townofriorthandover.coin Town Clerks Office 120 Main St, North Andover, Ma March 19,2013 Re: Heav'ly Donuts 50 Main St Karen, The Fire Department has been working with the owner of the new donut shop on fire related systems. We recommend favorable action for doing business at this location. All the proposed work will be subject to a final inspection prior to signing off. Please let us know if you need anything else. Thank you, Fred McCarthy Fire Prevention Fitzgibbons, Karen From: Leathe, Brian Sent: Tuesday, March 12, 2013 12:03 PM To: Fitzgibbons, Karen Subject: RE: I Brian Leathe speaking for the Building Department have NO issues. Mr. Browns is on vacation and I don't believe he had any issues either. From: Fitzgibbons, Karen Sent: Tuesday, March 12, 2013 10:51 AM To: Carney, Sohn; McCarthy, Fred; Leathe, Brian Cc: Meinikas, Andrew; Bradshaw, Joyce Subject: Good Morning, Attached please find an application for a Common Vic License and an application for an Entertainment License. Heav'ly Donuts is looking to open at 50 Main Street. No alcohol is involved. Please forward to me your recommendation by Tuesday, March 19, 2013 as this item is scheduled for the March 25, 2013 BOS agenda. As always,thank you for your co-operation, Karen Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:htto:f/www;sec.state.ma.us/i)relj)reidx.htm. Please consider the environment before printing this email 1 Food Service Equipment List U -.11C � � 1 1 11• �V NS�i ,. . a:. _ r..,., i drat a a �� _ 1 i 11 i pax t:.„� I I J-'—' ,-=•t - �e sT.A v Mv- ktdn S N j Proposed Floor Plan t 501 S ft.glass st-r aTea _ ISSUED FOR BOP,FD OF HEALTH PL*J REM-W E Senders Str ~ �'fAi °�tlt �I� IStJ iry a64���i i n. r / 1 „2 3 4 Van CO Wheel Srop Accessible Ir1F') handicapped Access Ramp —� 7 �f 2 t nadir ig wca J Dock 16 o' 1typ J 1 IN � I 8 III I .I 10 9 — 1u _ u �t FBrICB I „ I I i l n StOct �, �I� tii� Hies 1i Owk it 4I �jI f ,r o Z, iu I ✓ AI r ( � Y Improvements iii }F uiprnekrt a u im I �r11 Ihf II r„ia� l u,It.Ni, Care Seating — ° i° v N _ Architectural Site Plan February 07, `71,e- 6"aInm<nweaAli %%irsb�aC���s tts� A '�., ve"" c��21`' ✓(-Of(�S f y �'. 01 O�?-, �lCc}4�L��1�5 C't � o�,)x.Ys William Francis Galvin Secretary of the Commonwealth Date:February 27, 2013 To Whom It May Concern I hereby certify that according to the records of this office, H-DONUTS NORTH ANDOVER,INC. is a domestic corporation organized on January 14,2013 , under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation; that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has Legal existence and is in good standing with this office. In testimony of which, 1 have hereunto affixed the K' Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth d Certificate Number: 13021194910 Verify this Certificate at:http a'/carp.see.state.ma.us(Corpweb/Certificates/Verify.aspx Processed by: jmu TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 t%ORTH OF�t�eu rb ANO Joyce A.Bradshaw O� Town Clerk ° s A Telephone(978)688-9501 * FAX(978)688-9557 �RAT[D Pay�S �SSACHusEt Memorandum To: William F. Gordon, Chairman and Members of Board of Selectmen Andrew W. Maylor, Town Manager From: Joyce A. Bradshaw, CMMC,Town Clerk `�1 Date: March 18,2013 Subject: Petition for Joint Pole locations—12/10/2012-Plan 13874920 Dated November 28, 2012-Waverly Road-4 locations The attached joint pole petition has been submitted for your approval by National Grid and Verizon New England, Inc.: 1. National Grid and Verizon New England is petitioning to install 5 new JO stub guy poles along Waverly Road spread among four different sketches as attached. 2. All abutters were notified. 3. Recommendations have been solicited from all departments. 4. Police Department will provide officers on site as they determine. 5. Any outstanding issues will be addressed with the appropriate departments. A representative from National Grid representing both companies will be at your meeting on Monday March 25, 2013. Please do not hesitate to contact me or Tim Williamson at National Grid(781)907-3280 with any questions.. MAR-07-2M 04:22 P.02 Questions contact—Tim Williamson-781-907-3280 PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS North Andover,Massachusetts To The Board of Selectmen Of North Andover Massachusetts NATIONAL GRID and Verizon New England, Inc requests permission to locate poles,wires, and fixtures,including the necessary sustaining and protecting fixtures,along and across the following public way. Waverly Road- Install 5 new JO stub guy poles along Waverly Road in North Andover Massachusetts(spread among 4 different sketches as attached) Location approximately as shown on plan attached Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires,together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked—Waverly Road-North Andover Massachusetts 13874920 December 10, 2012 Also for permission to lay and maintain underground laterals,cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire,police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. NATI N RID BY hq 1W EngiA6ririg Department YEAN INC. Manager I Right of Way I .• - - I I ` #491 � _ •,�42��i463 - _ � #392 011.0-0060 � 022 0 0128. CONDO 0210-00; ( 022.0-0089 �w, #40 0 �Z I� 02LM134 I X1022.0-0090 , ( 022.4{]{T34 � #486 t� :y ( 022.0-01.37 - -- —z I #408 r 422.0-009 j #29 #21 022.0-012-5 #415 ' 022.4 0093 #47 6 .,I, 422.4 0136 ]a_''—_L ,� #416 • `�'.:�Jl.: ��`.. r' .. _-. � - - - ( --�^�=T"022,0-110'9 _ :_i...:_:_. -_ 4 #422=� 022.0-0129 ,� � #;!429 1 Lawrence f� #26 y i 022.0-0133 IJ I) - 022.0-0135 I� #433 P.494 #432 ( 1= 022.0-4019 I' �= 022.0-0130 422.x-4131 CONDO #d43 P'2092-84 P.2092 -4o' 022-0 0020.1� #447-- #440 02 �lrrr 022.0-0132 #453 P.2093 422..4-0422 ---- �z2_n-0512 _=1 � 432.4-4113 I #446 022.0-0114 1 #S1 #459 026.0-0011 #25 #19 y Q„ 022.0-0023 II II I --91, 1� a 1 #452 I Margate Street 022.0-0026 026.0-0003 #16 .2 .0 0416 #48• I 022.0-0071 #489 1 Legend nation l rid And Verizon O Existing Pole Waverly St, North Andover, MA 01845 ® Proposed Pole N Sketch to accompany petition for the installation of one jointly owned pole with sidewalk anchor, and aerial guy wire near 440 Waverly Rd in North Andover, MA 01845 WR# 13874920 11/28/2012 drawn By; T.P.W. It i 1 tt tt 026.0-0006 y 026.04)001 #3sa 1 't ti �y p AA6� #360 ;�, .� t #10 1350 #350 i 027.0 901 #629 �yt p 3361_8 {l? ,fwt1U07 .t #350 } 027.0-0013 #633 r i yy 02 7.0-0012 ® p.3360-84 027.0-0027 y #639 p 0 yy�r 02V15-0011 I ' y, 4 #647 yy �I 02718-0010 S #655_ _ p 3359 ti �f 027.0-0009 y :�1:•. ..__���: `027.0- I y __- #667 ( 027.0-0007 II CONDO 023.0 74DO02' 027.0=0031 �atr _:at .. #669 027.0-0005 Legend n tonal rid And Verizon O Existing Pole Waverly St, North Andover, MA 01845 ® Proposed Pole N Sketch to accompany petition for the installation of two jointly owned poles with anchors,and aerial guy wires near 629 and 647 Waverly Rd in North Andover, MA 01845 I WR# 13874920 11/28/2012 Drawn By: T.P.W. North Andover MIMAP November 28, 2012 #510 `�. 4 ` afi 4 31+ rR4FFIC(ISI-�N > r f' �. - 811.8-8044 - ------- #210 #349 I - :' f �� 021.0-0031 -1- 007.0-0027 / 611.U-aOb3`k� ,- x11.8 Q043 r` ,' #14 II f �,� �` f � '�-- `�J #354 1010.0-10059 1 '011.0-0043 ' 011..0-0030, `-� ,�' - ' 887.8 4x28 ` CONDO" +� `� < f 3, fr 011.0-00si `~ 5, `^ f' 811.0-X084.. d 1 #3:G'i � #�6D 011.0-0029 f f' /" _ 011.0-0056 �: yf 11011.0-00 r 5 026.0-0062 887.8 0412 r - �'- 'f_•��X87 f1 011.8-005; 021.0-10057 , #273 #369 �I #368 �I GreevLe ' 072.0-0062 51� #288 40' 822.8 BOti3 011.0-0060 82t_0-o128 ' P 488 dI �},* CONDO I P.488 84 #d97 +MlrU 1l0 022.0-0088`}, rr_F -- r #310 2 _ P 489 - r • ti}} 022-0-84172 #400 822.8-0134 r-~ - %1022.0-a090 � I) 1022 8-4094 #486 f Lawrence .- 022.10-0137 � � #aas -- ---- 5'f 022-0-0891. r #29 #21 022.0 8125 Is -8ZZ.8-0{Y93 5'� #478 0x2.0.0136 140' #41 Cr 422.0-8492 022.0-0095 #422 _ _ f 022.0-0129 022.1►-4135 826.0 8021 #429 022.0-OOi � ter_ #26 022.0-0133 022.0-001 Legend national rid And Verizon O Existing Pole Waverly St, North Andover, MA 01845 ® Proposed Pole N Sketch to accompany petition for the installation of one jointly owned pole with sidewalk anchor, and aerial guy wire near 392 Waverly Rd in North Andover, MA 01845 Drawn By: WR# 13874920 11128/2012 r y T.P.W. I #10 027.0-0012 ti �sas r �—--- 027.0-0011 i i tit i #647 I i 023.0-OW7 027.0-0027 027,0-1010 !y i, 0655 }` 0277.0-0009 i T drill ;.:' #659 1�Ir no r r17F-0047 02 :0=���� , �._-�" =�= '�• #669 ( I ue P.3357 :3_te - t1:•H., 02.7.0 0805 c I 3+ ::alt; .: -.A,�. :?...���{r:� ::�J;�:.`i, -•_�.•.i _- C6 o r. � , w 02'7.0-000# ' ";�. 023 0-0002 #697 t. P.3356 ® P 3356 84 -40' 027-0-0083 #701 o I { r �3 027.0-0002 I I #707 P 33 I 027.0-0832 027.0-000 34 #717 Lawrence nv-r n nna a Legend n tiOn I rid And Verizon O Existing Pole Waverly St, North Andover, MA 01845 ® Proposed Pole N Sketch to accompany petition for the installation of one jointly owned pole with anchor,and aerial guy wire near 697 Waverly Rd in North Andover, MA 01845 WR# 13874920 11/28/2012 Drawn By: T.P.W. TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH oF,t� o ,bgti0 Joyce A.Bradshaw Town Clerk p Telephone(978)688-9501 * * FAX(978)688-9557 4 � SSACHUSE Memorandum To: William F. Gordon, Chairman and Members of Board of Selectmen Andrew W. Maylor, Town Manager From: Joyce A. Bradshaw, CMMC, Town Clerk l Date: March 18,2013 Subject: Petition For Joint or Identical Pole Locations-December 10,2012-Great Pond Road and Marbleridge Road-Plan 12844353 Dated December 10,2012 The attached joint pole petition has been submitted for your approval by National Grid and Verizon New England, Inc.: 1. National Grid and Verizon New England is petitioning to install a stub pole to support pole 1881 (across the street), beginning at a point approximately 205' west of the centerline of the intersection of Great Pond Road and Marbleridge Road and continuing approximately 14' in a south direction. Location approximately as shown on plan attached. 2. All abutters were notified. 3. Recommendations have been solicited from all departments. 4. Police Department will provide officers on site as they determine. 5. Any outstanding issues will be addressed with the appropriate departments. A representative from National Grid representing both companies will be at your meeting on Monday March 25, 2013 Please do not hesitate to contact me or Dave Boucher at National Grid(978)725-1461 with any questions. Questions contact—Dave Boucher- 978-725-1461 PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS North Andover,Massachusetts To The Board of Selectmen Of North Andover,Massachusetts NATIONAL GRID and Verizon New England, Inc requests permission to locate poles, wires, and fixtures,including the necessary sustaining and protecting fixtures, along and across the following public way: Installing a stub pole to support pole 1881 (across the street),beginning at a point approximately 205'feet west of the centerline of the intersection of Great Pond Road&Marbleridge Road and continuing approximately 14' feet in a south direction. Location approximately as shown on plan attached Wherefore it prays that after due notice and hearing as provided by law,it be granted a location for and permission to erect and maintain poles and wires,together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked—Great Pond Road-North Andover Massachusetts 12844353 December 10,2012 Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire,police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. NATI AL BY Engingrinl Department VERIZT 21G , INC. BY f`f Ma Zgaer/ ght of Way II II �a ®tea 1 Great Pond Rd CO 205' L N LEGEND 0-->-O Pole To Pole Guy Wire C Existing Pole CD Proposed Pole Proposed Anchor VERIZON �a national g rid a P1881-84 Great Pond Rd North Andover Petition Scale: Not To Scale .4atdx DnvAntl Number Dale: 12844353 Dnvm By.Carlos Valla4pproved By:Carlos Valle TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 f NORTF/ Joyce A.Bradshaw Town Clerk o p Telephone(978)688-9501 * * FAX(978)688-9557 �9SSACHUSE� Memorandum To: William F. Gordon, Chairman and Members of Board of Selectmen Andrew W. Maylor, Town Manager From: Joyce A. Bradshaw, CMMC, Town Clerk E�J Date: March 18,2013 Subject: Petition For Joint or Identical Pole Locations-1/11/13-Plan 14249991- Prescott Street The attached joint pole petition has been submitted for your approval by National Grid and Verizon New England, Inc.: 1. National Grid and Verizon New England is petitioning to install 350 J/O pole and anchor at pole 872-84, National Grid to install pole to pole guy wire from P872 to P872-84; Location will begin approximately 25 feet SW of the centerline of the intersection of Mount Vernon Street. Location approximately as shown on plan attached. 2. All abutters were notified. 3. Recommendations have been solicited from all departments. 4. Police Department will provide officers on site as they determine. 5. Any outstanding issues will be addressed with the appropriate departments. A representative from National Grid representing both companies will be at your meeting on Monday March 25, 2013. Please do not hesitate to contact me or Dave Boucher at National Grid(978)725-1461 with any questions. I� Questions contact—Dave Boucher 978-725-1461 PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS North Andover,Massachusetts To The Board of Selectmen Of North Andover,Massachusetts NATIONAL GRID and Verizon New England, Inc requests permission to locate poles, wires, and fixtures,including the necessary sustaining and protecting fixtures, along and across the following public way: Prescott St-National Grid is petitioning to install 35C3 J/O pole and anchor at pole 872-84. National Grid to install pole to pole guy wire from P872 to P872-84; Location will begin approximately 25 feet SW of the centerline of the intersection of MT Vernon.St. Location approximately as shown on plan attached Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked—Prescott St-North Andover Massachusetts 14249991 January 16,2013 Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire,police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. NATI N GRID BY En �e artmen�_ VE ` O 19EW.EN GL INC. B A Manager/Right of Way N National Grid is petitioning to install 35C3 SO pole and anchor at pole 872-84.National Grid to install pole to pole guy wire from P872 to P872-84. Z CA P872 pAG$C 1 P872-84 JOINT OWNED POLE PETITION nationalgrid And • Proposed NGRID Pole Locations Verizon New England, Inc. O Existing NGRID Pole Locations Date: 1/15/2013 C Proposed J.O.Pole Locations m Existing J.O.Pole Locations Plan Number: 14249991 H Proposed Pole to Pole Guy Wire To Accompany Petition Dated: 01111/13 O Existing NGRID Pole Location To Be Made J.O. N Existing Pole Locations To Be Removed To The: Town Of North Andover .For Proposed:Install Pole:872-841-ocation:Prescott Street DISTANCES ARE APPROXIMATE Date Of Original Grant: 2013 ANNUAL TOWN MEETING WARRANT Article 1 Reports of Special Committees Article 2 Reports of Receipts and Expenditures GENERAL ARTICLES Article 3 Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years Article 4 Authorization to Accept Grants of Easements Article 5 Authorization to Grant Easements Article 6 Amend General Bylaws—Chapter 122 Hawkers and Peddlers (re food trucks as a use in Town that should be licensed) Article 7 Acceptance of a Public Way—Redgate Lane Article 8 Acceptance of a Public Way—Woodlea Road Article 9 Citizen's Petition—A Resolution to Support Passage of a Constitutional Amendment Providing That Only Human Beings Are People Article 10 Citizen's Petition—Conveyance of Property from Orchard Village,LLC to Town of North Andover FINANCIAL ARTICLES Article 11 Set Salaries and Compensation of Elected Officials Article 12 Continue and Approve Revolving Funds Article 13 Approve Payment of Prior Years Unpaid Bills Article 14 Appropriation -Amend General Fund Appropriation for Fiscal Year 2013 Article 15 Appropriation- General Fund for Fiscal Year 2014 Article 16 Appropriation-Water Enterprise Fund for Fiscal Year 2014 Article 17 Appropriation- Sewer Enterprise Fund for Fiscal Year 2014 Article 18 Appropriation- Stevens Estate Enterprise Fund for Fiscal Year 2014 Article 19 Appropriation-Energy Efficiency Improvements at Public Buildings Article 20 Appropriation- Capital Improvement Plan for Fiscal Year 2014 Article 21 Appropriation From the Community Preservation Fund-Report of the Community Preservation Committee Article 22 Transfer to Capital Stabilization Article 23 Transfer to Stabilization Article 24 Transfer Overlay Surplus Article 25 Authorization- Debt for Improvements to the Greater Lawrence Technical School i MISCELLANEOUS ARTICLES Article 26 Authorize the Acquisition of the Rea's Pond Sewer Pump Station Article 27 Approve Special Legislation for Easement at Rea's Pond Sewer Pump Station ZONING ARTICLES Article 28 Citizen's Petition—Proposed Zoning Bylaw to Allow the Keeping of Backyard Hens Article 29 Amend Zoning Bylaw—Section 6: Signs and Outdoor Lighting Regulations (re defining and prohibiting off-premise signs,and allowing projecting signs) Article 30 Amend Zoning Bylaw—Section 8: Supplementary Regulations by adding Subsection 8.11: Wind Facilities Article 31 Amend Zoning Bylaw—Section 8: Supplementary Regulations by adding Subsection 8.12: Medical Marijuana Treatment Facilities Article 32 Amend Zoning Bylaw—Section 11: Planned Development District, Subsection 11.5: Permitted Uses (re specifying the allowable density of a residential development within a PDD) Article 33 Approve Zoning Map Appendix A Executive Summary—Article 19—Energy Audit Capital Project Status Report March 25, 2013 Stevens Estate Masonry Repairs—Patriot Restoration worked on the building for several weeks but suspended operations in late December due to cold weather conditions. Work will resume in the coming weeks and the company expects to complete the project by late-April. Stevens Estate Windows Replacement—Contract was awarded to Vareika Construction. Company is working on a sample window to be presented for approval by architect and Board of Trustees. Work is expected to take place in Spring/Summer 2013. Raleigh Tavern Lane Water Main Replacement—project is underway and approximately 95% complete. This project was mostly completed by the end of calendar year 2012, with the exception of surface restoration and paving, which will be completed in spring 2013. I Sutton Street Sewer Line—the design of this project is 100% complete. Funding is already appropriated for this project. The project went out to bid. Bids have been received and are being reviewed. Construction is scheduled for spring 2013. School Street and Bunker Hill Street Sewer Line—the design of this project is 75% complete. The intent is to put the project out to bid in the coming months, complete pipeline installation in 2013, with final paving in 2014. School Department Administration Building—An initial planning meeting was held with all concerned parties and a tour of the existing facility was conducted. Programming needs assessment currently underway. Questionnaires have been distributed to Central Office staff to help ascertain space needs, and interviews have been conducted with key personnel. Architect has prepared alternative design options based on space needs and projected construction budget. A renovation option and a new-construction option were chosen and cost estimates will be done for each. Based on these estimates, the best option will be chosen to bring to Town meeting for funding. Kittredize School Gym—The School Building Committee instructed Peterman Architects to prepare a design for a location that will attach the structure to the modular classrooms. This is the option with the lowest estimated cost, and the one Peterman believes gives the best chance of staying within budget. Peterman has completed the initial design with estimates. The School Building Committee is working through the specifics of the initial design to proceed with a project that remains within the established budget. On March 14, 2013 60% construction design and estimates were reviewed by the School Building Committee, and changes were made to stay within budget. The current project is estimated to cost $810,000 with additional items included as add alternates. This will be presented at Town Meeting for approval. Job PostingNacancy Log March 20, 2013 Date Posted Position Department Hiring Status Manager N/A Crossing Guard Police Chief Hired James Hengl effective April 1, 2013. Gallagher N/A Part Time Staff Youth& R. Gorman Hired Courtney Benincasa effective March 18, 2013. Recreation 10/11/12 Reserve Police Police Chief Pre-employment physicals were completed earlier Officer Gallagher this month, results are pending. Conditional offers of employment made to Michael Hennessy, Fredy Almanzar-Thomas, Matthew Zahoruiko, Prasanthi Prasad,Kara Caffrey. State civil service representative approved the hiring of two additional reserve police officers for a total of 5 from current list. Interviews to be conducted on February 1. Applicants signed list, applications disseminated and back ground checks are pending. Pending Civil Service List, Certification List received Notification letters sent,candidates must sign by December 12, 2012. 8/27/12 3 Reserve Fire Fire Chief List Established. Fighters Melnikas 3/20/2013 1:08 PM I III I INTEROFFICE MEMORANDUM TO: Andrew Maylor,Town Manager DATE: March 20,2013 FR: Bruce Thibodeau,Director of Public Works BT CC: Tim Willett, Operations Manager RE: Spring Clean Up of Winter Debris and Yard Waste It is that time of year when the clean up from winter debris must be addressed. In order to accommodate the needs of the residents to dispose of this material and to balance/manage the Department's needs with limited manpower I recommend the following new programs: • Open the Cyr recycling Facility free of charge for the month of April • Add a fourth day a week that the facility will be open during April. These would be Tuesday, Thursday, Friday, and Saturday. • Add two weeks of leaf and yard waste curbside collection by our trash collection contract in biodegradable bags similar to what is done for five weeks in the fall. I recommend the weeks of April 22nd and April 29th which should give residents time to clean up after the snow melts. These programs would be in lieu of the program for curb side collection that has been done in the past. The process has become very time consuming due to the large amount of material being set out at the curb. It has become much more than just a winter yard clean up with large branches and shrubs being set out. I believe that the above program will service the resident's needs and allow me to direct my staff to the busy spring season work of preparing school athletic fields, winter clean up/repairs on Town property/roadways, and the very long list of tree maintenance work. r i