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2013-04-22 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01 845 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,APRIL 22,2013 at 7:00 PM TOWN HALL MEETING ROOM I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. MOMENT OF SILENCE—Boston Marathon Bombing Victims IV. APPROVAL OF MINUTES A. April 8,2013,Open Session Minutes as written V. COMMUNICATIONS AND ANNOUNCEMENTS A. Earth Day Event—May 4,2013 Vl. CONSENT ITEMS A. Frank Romano of the Museum of Printing,requests permission to close Massachusetts Avenue on June 16, 2013 between 10:00 AM—4:00 PM for Annual Printing Arts Fair B. Affordable Unit Resale—210 Chickering Road,Unit 204A,Kittredge Crossing C. Cyr Recycling Center Fees VII. LICENSING COMMISSIONERS A. Fortune Teller's License VIII. PUBLIC HEARING A. National Grid—North Andover 54L3-Hazard Town Trees IX. OLD BUSINESS A. Tyler Bainbridge requests permission to close Woodcrest Drive for"Longboard for Life" event B. Warrant for Annual Town Meeting 1. Vote on Warrant Articles C. Proposals to Purchase/Develop Former Bradstreet School Property X. NEW BUSINESS Xl. PUBLIC COMMENT XII. TOWN MANAGER'S REPORT A. Position/Vacancy Log XIII. NEXT MEETING DATE A, May 6,2013 XIV. ADJOURNMENT BOARD OF SELECTMEN MINUTES APRIL 8, 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: Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of March 25, 2013, as amended. Vote approved 4-0-1. Richard Vaillancourt abstained. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: Bradstreet School RFP's The Town Manager announced that there were five proposals submitted and the process that is required before they are submitted to the Board. The proposals will be reviewed and ranked by a committee of three who will then bring it back to the Board at their meeting on April 22, 2013. Register to Vote in Special Election Tracy Watson announced that residents must register to vote by Wednesday, April 10,;2013 in order to be able to vote in the Special Primary Election on April 30 and the Special Election on June 25, 2013. CONSENT ITEMS: Stevens Pond 2013 Fees Rick Gorman Director of Youth and Recreation Services gave an update and overview of Stevens Pond and gave the Board two options for the 2013 summer season. He recommended keeping the fees the same as last season. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to keep the fees at last year's rate. Vote approved 5-0. Tyler Bainbridge request to close Woodcrest Drive for the 2nd Annual Longboard for Life for the benefit of the American Cancer Society on Saturday, June 1, 2013 The Board had questions concerning safety and a waiver to protect the Town as well as participants and recommended that Mr. Bainbridge contact the North Andover police to review his plans. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to TABLE this request. Vote approved 4-1. Donald Stewart opposed. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Tracy Watson, to open a meeting:of the North Andover Licensing Commission. Vote approved 5-0. Wine & Beer of the Andovers, LLC, 350 Winthrop Avenue—Transfer of Stock Donald Stewart made a MOTION, seconded by Tracy Watson that the Board of Selectmen acting as the Licensing Commissioners approves the Transfer of Stock for the package store known as Wine & Beer at the Andovers, LLC, and 350 Winthrop Avenue, North Andover. Vote approved 5-0. LaBottega, 1820 Turnpike Street, Stonewall Plaza—All Alcohol Package Store Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as the Licensing Commissioners approves the transfer of the current Wine & Malt Package Store License to an All Alcoholic Package Store License for LaBottega, LLC, 1820 Turnpike Street, Stonewall Plaza, North Andover. Vote approved 5-0. Board of Selectmen Minutes April 8, 2013 2 Donald Stewart made a MOTION, seconded by Tracy Watson, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: Warrant for Annual Town Meeting The Town Manager gave an overview of the Warrant Articles in its draft form which will be sent to Town Counsel for review. He suggested that the Board have a dialogue about Article 35. Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen votes to open the Warrant. Vote approved 5-0. There was a discussion of Article 35 "Amend Zoninq Bylaw— Section 18—Downtown Overlay District, Subsection 18.2 Permitted Uses. No Action was taken and will be discussed at the next meeting. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen votes to accept changes and description in the Warrant. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen votes to close the Warrant. Vote approved 5-0. FY14 Capital Article Presentation —Town Manager Town Manager Andrew Maylor gave a presentation of the Capital Projects. He explained what is classified as a capital project; the purchase of any physical asset; any improvement to a physical asset; the construction of any physical asset and any of the above which has a cost in excess of$25,000 and a useful life in excess of 5 years. Mr. Maylor reviewed the process of how these projects ranked and funded through borrowing or paid by debt service in the operating budget. FY14 CIP General Fund Highlights are as follows: Roadway Improvements; Facilities Master Plan including design for new buildings and re-construction of existing buildings; Enterprise Funds including 2 Water Projects and 2 Sewer Projects; Energy Efficiency Improvements at 44 Town owned Public Buildings which will generate savings over the years that will cover the cost of the project. TOWN MANAGER'S REPORT: Snow and Ice Budget The Town Manger said that he was working aggressively to find money within other departments to compensate for the deficient of$608,485 for fiscal year 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. Home Rule Petition Status Report Action was taken by Special Legislation on all of North Andover's Home Rule Petitions except the "Provisions of the Prevailing Wage Law". Next Meeting Date April 22, 2013 ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:31 p.m. Vote approved 5-0. Adele J. Johnson Executive Assistant Richard Vaillancourt, Clerk of the Board North Andover Sustainability Committee - Will Celebrate a�.r. Earth nay on May 4, 2 0 3 Ajt &llli NTASSCC with these Events ��Als � su<tama^itity Committee. ""S i'abifl'yCommlt[ee All events Saturday, May 4th at the DPW- 384 Osgood ST North Andover's Annual Earth Day Town Wide Clean up _ _ _ Help keep our little corner of the Earth clan &� green Saturday May 4th 2013 TIME:8:30am - 2pm Email us: @ northandoverso mail.com to reserve an area VOLUNTEERS NEEDED Check-in: at the DPW i For your efforts: gloves &trash bags provided at check-in. A dumpster will be available on site for disposal of your collecting efforts i i Contact Jo-Ann @ DPW if you have questions. Ext 44010 Sponsored by: r Wheelabrator Technologies Inc. - ' A Waste M,nage nt Company ' L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —� DOCUMENT SHREDDING EVENT ® SPONSORED BY I � 11I1� TIME: 8:30AM To NOON* , '11� 3 Box Maximum Per Customer (Standard Storage Box/Bankers Box) or 100lbs Papers Only: for example: STATEMENTS INVOICES TAX RETURNS INSURANCE RECORDS LEGAL DOCUMENTS LEASES PERSONAL INFORMATION COMPUTER PRINTOUTS PERSONNEL RECORDS *Once Truck Capacity is met; day is complete COMPOST BIN & RAIN BARREL SALE Check out the compost bins @ earthmachine.com Available for purchase during our Earth Day Events @ DPW. Check out the Rain Barrels Kitchen pails will also be available. @ skyjuice.us Pre-order Make Checks Payable to Town of North Andover. Under programs MA, North koyw Andover (you pay them). A sample rAa rain barrel will be available during the Earth Day Events. � � "'°' Then, a special pick up for your rain barrel order Mdcegrovnd @ DPW on Saturday, June 1St. Help keep our 110ttle corner of the Earth clean & green North Andover's Annual Town-Wide Eart a y CleanmUp EVENT Saturday May 4t" 2013 8:30am ,re-Register ; Check-in: DPW Garage building (384 Osgood Street) glo s & trash bags provided at check-in or you may use your own ; L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J Let us know what part of town you plan to spruce up. . . Dumpster available on site at DPW for disposal of your collection efforts. Please RSVP to Jo-Ann Lanen @ 978-685-0950 ext. 44010 or email North dusdevpr Wheelabrator Technologies Inc. A SSC .A Waste[vtanag?m NN enl Company Sponsored b p Y Sustainability Committee Boo MAS3ACHUSETTs AvENUE NORTH ANDOVER,MASSACHUSETTS o1845 April 10, 2013 Andrew W. Maylor Town Manager 120 Main Street North Andover, MA 01845 Dear Sir: On Sunday, June 16th, from l Dam to 4pm, the Museum of Printing will hold its I& annual Printing Arts Fair. Over 20 artisans display their arts and crafts and a team of 20 people demonstrate historic printing devices. There are special events for children tied into Father's Day. Over 500 people attended in 2012, mostly locally but also from all over New England. Our new exhibition covers the Mark Fowler woodcut collection. The Museum is requesting that Mass Ave be closed in front of the Museum during the hours of the Fair as we have done previously. We will contract with the Police Department for an officer, as we did in previous years. The Application for the Use of the North Andover Town Common is enclosed. Thank you. /�rauk Romano President TELEPHONE (978) 686-0450 FACSIMILE (978) 686-1483 http://www.museumofprinting.org e-mail: lnE®@museumofprinting.org i Celebrate time 2041da 1311rdaday The Columh ian Prcss KIDS -- LETTERPRESS PRINT DADS FATHERS DAY CARD Visit the Museum's Annual PRINTING ARTS F.AIR 4USEUM0FPRPiMG,N,AND0_VER, MA SUNDAY9 JUNE 16�..�..AGREAT DAY � v� FORFAARLIES TO qr FREE PARKING LOADS OF BOOK ARTS EXHIBITORS LETTERPRESS FUN PRIWING FOIL y .. u., STONE LITHOGRAPHY . _ BOOK BINDINC IL]3ULTS WOOD- CUTS FRFE ADmj.� sSION INTAGLIO • r. f, ing and Book Arts Demonstrafil'ons, Tours, Rare, Book Sale, Equiepment Vendors, Application for the Use of the North Andover Town Common Please read the attached"Regulations for the Use of the North Andover Town Common"before completing this application. Section 1: General Information Name of North Andover group or individual applying for use of the Town Common: 'AusRula, 01- Rrin-tIOQ Note: The applicant, if an individual must be a 4sident of North Andover or, if a non-profit organization must have its principal place of business located in North Andover. North Andover Address of Group or Individual: 0c) Gi 's' Ave Name of Contact Person: r cun O C M Phone Number of Contact Person: 6 ° '2 ° 151 !' -0 1 Email Address of Contact Person: . U Date(s)that Town Common use is requested: Note: Use is limited to one day only with allowances for set up and removal one half-day prior to the use and one half day after use,unless it is considered a holiday display pursuant to Section 9(b) of the Town Common Use regulations. Holiday displays may be allowed from the Thanksgiving Day until the following January 71n A) is the purpose of the use of the Town Common to for the public display of art, banners, signs and symbols? Yes No B) is the purpose of the use of the Town Common to conduct an event where more than twenty people may assemble and/or participate? Yes No If the answer to Question A is yes,please complete Section 2, if the answer to Question 8 is yes,please complete Section 3. If the Answer to Questions A& e are both yes,please complete both Section 2 and Section 3. Section 2: Use of the Town Common for the Purpose of Display: Ple!�se describe what you will be displaying including a detailed description and dimensions: Please prove e a sketch or picture of what you will be displaying. Will you need cress to electricity for your display? If yes,for what purpose Please indicate on the ttached map approximately where on the Town Common the display will be erected. Section 3: Use of the Town Common for the Purpose of Conducting an Event. Please describe the nat re and pur ose of the event: € � �" aJ ' ism " , -a� 1 Q Pe A V-)V)U1 A FrI vAiv4 ArJ ' RI Z The event will begin at l) a.m./". and end at °T ./p.m. In total, how many individuals do you anticipate attending the event? 00 At any one time during the event,what is the maximum number of people expected to be on the common? AU u°`i j '� a4 Li.5eu,,jn of �f_ nj 6 V}9 Please indicate on the attached map approximately where on the Town Common the event will take place. N Who will be the person or persons representing the applicant who will be present throughout the event? If these persons will be taking shifts, please provide the time of their shifts: PIC Mr tfanK NOMCLOO Will you be erecting any temporary structures on the common such as tents,fences, athletic equipment? 0 If yes, please describe the size and type of structures: Will you need access to electricity for this event? NO If yes,for what purpose: Will you be serving any food or beverages during the event? (�O Will you be charging a fee for any services provided such as food, beverages,games, races, etc.? JD If yes; please provide a fee schedule and attach Please describe where vehicles of pa icipa is in the event will park: °1 �' 1_ O ;,in o Please describe what your clean up plans consist of in terms of number of people assisting in the clean up, how trash will be removed from the common and djspo ed, etc: Town Common Application Page 2 Section 4:Acknowledgements and Signatures By submitting this application,the signer of this form agrees to the following: 1) That the signer is duly authorized to sign the application on behalf of the applicant and is a resident of North Andover or works for a non-profit organization whose principal place of business is located in North Andover. 2) That the user of the common will comply with all rules, regulations and conditions applicable to the use of the common. 3) That the user of the common will hold the Town, its employees and agents harmless from any and all claims,suits, causes of action,judgments and demands of any nature made or obtained by third parties which result from activities or actions of the Town of North Andover, its agents or servants under this permit and if the judgment is entered against the Town of North Andover, said judgment will be paid by said applicant together with all interest thereon. Signed ` Printed Name: Z 0V G,VI 0 Date: 'l i u ao r� Return completed application to: North Andover Town Hall Town Manager's Office 120 Main Street North Andover, MA 01845. 978-688-9510—Phone 978-688-9556—Fax M ecret-3rV(L�wuvnoinorthando5 er. yea Town Common Application Page 3 TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover, MA. 01845 Tel: 978-683-3168 -- To: Adele Johnson From: Lt.John Carney RE: Museum of Printing Date: April 10, 2013 The Police Department recommends favorable action on the request from Mr. Romano on behalf of the Museum of Printing to use the North Andover Common, including closing Mass Avenue, on June 16th for their annual Printing Arts Fair as outlined in the application.The Police Department will provide barricades and personnel and will work directly with Mr. Romano. INTEROFFICE MEMORANDUM DATE: April 8,2013 TO: Adele Johnson, Executive Assistant FROM: Bruce Thibodeau, Director of Public works CC: RE: Printing Arts Fair The Division of Public Works has no objection to the request from Frank Romano, President of the Museum of Printing to close Mass Av. On Sunday, June 16th' from 10 until 4 to hold the annual Printing Arts Fair. There is also no objection for the Museum to use the Town Common for this event. Johnson, Adele From: McCarthy, Fred Sent: Friday, April 12, 2013 1:58 PM To: Johnson, Adele Subject: RE: Need recommendations Adele, The l=ire Department recommends favorable action for the Printing Museum to hold its annual fair on June 16. Our only request is notification that morning of street closings and that fire lanes remain open for emergency access. Thank you, Fred M From: Johnson, Adele Sent: Monday, April 08, 2013 2:59 PM To: Gallagher, Paul; Carney, John; Thibodeau, Bruce; Barry, Nancy; Melnikas, Andrew; McCarthy, Fred Subject: FW: Need recommendations Good Afternoon, This is a request from the Printing Museum for their annual Printing Arts Fair. Permission to close Mass Ave, on June 16, 2013. This will be on the next meeting BOS agenda for April 22, 2013. Please send me your recommendations by next week. Thanks, Adele J.Johnson Executive Assistant Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email aiohnson@townofnorthandover.com Web www.TownofNorthAndover.com From: noreply Caatownofnorthandover.com [mai Ito:noreply @townofnorthandover.com] Sent: Monday, April 08, 2013 1:33 PM To: Johnson, Adele Subject: 1 • swTrv�kr�' COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM TO: Andrew W. Maylor,Town Manager FROM: Curt Bellavance, Director RE: Affordable Unit Resale DATE: April 10, 2013 CHAPA (Citizens' Housing and Planning Association), has notified the Town that the following affordable units are up for sale. CHAPA manages the resale of affordable units at the Kittredge Crossing development. 210 Chickering Road, Unit 204A, Kittredge Crossing The Board of Selectmen has to determine if they want to exercise their right of first refusal. Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing unit. If the Town chooses to exercise its right, then it would be the responsibility of the Town to purchase the property or locate an individual to purchase the property. CHAPA, which is the monitoring agent for the Town and several other communities, has better resources to preserve the unit as affordable and has recently hired new staff to manage the marketing of the unit. The timeframe is 120 days to find an applicant that meets the affordable criteria. Our office continues to work with the North Andover Housing Trust to ensure that the units stay affordable. The deadline to act is May 5. If the Board does not act the right of first refusal is deemed authorized. It is recommended that the Board of Selectmen not exercise their right of first refusal. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fox 978.688.9542 Web www.townofnorthandover.com INTEROFFICE MEMORANDUM TO: Andrew Maylor,Town Manager DATE: April 12,2013 FR: Bruce Thibodeau,Director of Public Works BT CC: Gene Willis, Town Engineer Tim Willett, Operations Manager RE: Recommendations on Revising Fee Structure at Cyr Recycling Facility Please find attached a memorandum concerning the Town's Cyr Yard Waste Recycling Facility on Sharpener's Pond Road prepared by the Town Engineer, Gene Willis. The memo summarizes some potential operational concerns this Department has with the facility, presents the Department's revised Operating Plan for the Facility, and a summary of initiatives we plan on performing in the next few years to alleviate some of our concerns. To further deal with these concerns, there is a recommendation on revising the fee structure for disposal of yard waste at the Facility. I have included an aerial plan showing the facility, recreation areas, and operating areas. The concern that the Department has is that the Facility is in danger of reaching its operable capacity in the not too distant future. There is encroachment on both resource areas and the adjacent recreation areas. More importantly, the volume from commercial landscapers is an issue because there is no limit or charge for leaves and grass cuttings for landscape contractors to dispose of these at the facility. The Town's price structure for the brush accepted is not competitive with surrounding communities that have facilities. Further,the neighboring municipalities adjacent to where the facility is located, Boxford and Middleton, do not have facilities. Most likely North Andover is the only option available to contractor's hauling from other Towns. Along with our rate structure, I believe we make it both easy and inexpensive for outside use of this valuable Town resource. I agree with Gene's recommendations on the fee structure and running the process under a sticker program. TOWN RESIDENTS The change would be to have a sticker on the vehicle and a$10/year annual resident fee ($7/year for seniors) will be charged for a car or pickup truck that is not registered under a company name. In the past we charged for brush by the load but with a sticker program there would be no charge for grass leaves, or brush. Memo to: Andrew Maylor April 12,2013 Page 2 of 2 LANDSCAPE CONTRACTORS The change would be a sticker program at $750 annual fees for first truck, $250/year each additional truck to same registration owner, and $250/year each trailer to same registration owner. With a sticker there will be no charge for grass or leaves but we are recommending an additional charge per load for brush or tree debris. The purpose here is to reduce the amount of brush entering the site. See the page 3 and 4 of the attached memorandum for these charges. � �!Xlh , INTEROFFICE MEMORANDUM DATE: March 19 2013 TO: Bruce Thibodeau FROM: Gene Willis CC: RE: Cyr Recycle Center The site is quickly running out of room for receiving materials. Due to this overcrowding, operations are beginning to encroach on the Bay Circuit Hiking Trail abutting the locus to the south and athletic facilities to the east. The materials presently received from non-DPW sources are leaves and grass (free), and brush (for a fee). Both town residents and commercial landscapers can dispose of their material at the site. The vast majority of volume deposited on site comes from the commercial landscaping contractors. The type of organic material presently on site will require a tub grinder and excavator to reduce the brush to a material that can be used as compost. The decayed leaves and grass will require an extended term of screening through a Trommel type drum screener (1 month) to begin processing the very large volume of material. A large bull dozer will be required (2 weeks) to move this large amount of material around the site and into position for processing it into compost. The compost material generated can be mixed with fill currently on site or street sweeping sand to create loam. If the compost is mixed with clean fill, it can be used anywhere or sold. If street sweepings are used, the loam cannot be sold and can only be used by the Town within roadway layouts. See the attached Operation & Maintenance Plan, the aerial mapping of the site, and the proposed 2013 Operational Initiatives. The fees currently collected at the Cyr Recycle Center do not accurately reflect the costs to open and operate the facility. Additional costs are also required to process the material received into a useful product. This step has now become necessary as the site is rapidly running out of room for just stockpiling incoming material. The operation is starting to encroach on walking trails and the athletic fields that share the site with the Recycle Center. The current protocol for checking permits its very time consuming, expensive, difficult to track, and requires the operator to leave the machine every time a load is dropped off or to have an employee present just to monitor/accept permits. The DPW proposes changing from individual paper permits per load to stickers (residential & commercial) affixed to the vehicle windshield. All vehicles using the Recycle Center will need to be stickered. This will require payment from all users of the site where previously some were exempt (those just dropping off grass or leaves). Commercial operations using the site to dispose of leaves and grass currently do so at no cost. The processing of leaves and grass are the,most costly and space consuming operation. Page 1 of 4 The idea that the recycle center can become a revenue generating facility, or even self-supporting, seems to be invalid as evidenced by the lack of response to our various issuances of RFPs. I offer the following reasons for this: 1. The site is too small to offer the economies of scale necessary for the large investment in equipment, fuel, and manpower required to run it. 2. The restriction limiting receiving material only from town further constrains economic viability. 3. The fees charged do not adequately reflect the costs for the town to operate the site let alone provide for any costs necessary to process the material received into a useful/saleable product. 4. The locus' proximity to wetland resource areas places additional potential costs on the operation of the site. 5. The cumbersome processes and costs necessary to conduct business with a government entity further exacerbate the inability for an entity to turn a profit. After interviews with our staff operators and visual observations, it appears commercial haulers generate the vast majority of material filling the recycle site. Presently they are allowed to dump leaves & grass for free. The charges for brush are inadequate and do not accurately reflect the costs of operation. I offer the following suggestions for consideration: 1. Eliminate the per load charge in favor of an annual sticker fee. All vehicles using the recycle center, residential or commercial, must display a sticker. 2. Charge a higher fee for commercial users of the site. 3. Create a yearly commercial permit per vehicle for access to the site. The fee should be required for leaves & grass as well as brush. 4. Establish a revolving fund from the permit receipts to offset the cost of the recycling operation. 5. Change the dump charge for brush per load (commercial & residential). Current policy is being abused by "commercial trailers". (see attached other towns below) Other Towns' fee schedules Haverhill - Grass & leaves only no brush accepted Dump fees Residents $35/yr or $7/day Senior Residents $25/yr or $7/day Commercial & non-resident $35/yd. Compost sale 10/yd. Andover - Grass & leaves only no brush accepted Dump fees Residential $25/vehicle 2 vehicle max/address Commercial $1000/year for the first vehicle and $100/year for additional vehicles - 3 vehicle max. Andover based businesses only Page 2 of 4 Methuen - Grass, leaves & brush only Dump fees Residential $25/vehicle 2 vehicle max/address Commercial $1000/year for the first vehicle and $100/year for additional vehicles - 3 vehicle max. Methuen based businesses only Boxford has no facility Materials must go to the town of Topsfield's transfer station. A sticker is required for residents only; no commercial operations allowed. Middleton has no facility Materials must go to the town of Middleton's transfer station. A sticker is required for residents only; no commercial operations allowed. Lawrence has no facility Current fee schedule for Cyr Recycle Center Grass and leaves fees free for residents and landscapers Brush fees Yearly permits for brush are paper and run from December to December (no sticker) 1. Car trunk $7/year 2. Van or SUV (rear only — seats up) $7/year Per load permits for brush are paper 1. Van or SUV (rear only — seats down) $5/load 2. Pickup truck (level load) $5/load 3. Pickup truck (Over loaded — strapped down) $30/load 4. Pickup truck with added sides $30/load 5. Dump truck — 6 wheel only $30/load Any vehicle larger than 6 wheels is prohibited Proposed new fee schedule for Cyr Recycle Center RESIDENTS A $10/year annual resident fee, $7/year for seniors, will be charged for a car or pickup truck that is not registered under a company name. Although this reflects some additional cost, it is mitigated by eliminating the fee for most brush drop-offs that had previously been charged for and a reduction in others. Grass and leaves free for residents w/ sticker Brush 1. Car trunk free for residents w/ sticker 2. Van or SUV (rear only— seats up) free for residents w/ sticker 3. Van or SUV (rear only— seats down) free for residents w/ sticker 4. Pickup non commercial registration (level load) free for residents w/ sticker 5. Pickup non commercial registration (Over loaded — strapped down) free for residents w/ sticker Page 3 of 4 LANDSCAPE CONTRACTORS $750/year annual fee for first truck $250/year each additional truck to same registration owner $250/year each trailer to same registration owner No vehicle larger than a 6 wheel dump. Grass and leaves free w/ sticker Brush Per load permits for brush 1. Van or SUV (rear only — seats down) $10/load w/sticker 2. Pickup truck (level load) $10/load w/sticker 3. Pickup truck (Over loaded — strapped down) $2`0/load w/sticker 4. Pickup truck with added sides $20/load w/sticker 5. Trailer $20/load w/sticker 6. Dump truck — 6 wheel only $30/load w/sticker Page 4 of 4 4 {4 ✓+ a x eS t v1t x ��3 X u .. a Y UW cc �s , w , x � ""'•, �� � "l, eta � � k� �'- d;�� {fi' h +x St3 e Y r+ t$ y rp k4>1 M a OPERATION & MAINTENANCE PLAN Cyr Recycle Center Sharpner's Pond Road North Andover, MA. March 12, 2013 The Cyr Recycle Center is a composting area off Sharpener's Pond Road consisting of approximately 10 acres that is operated by the North Andover DPW. The Center shares the site with open space and town athletic facilities. See the attached aerial plan of operating areas. :It receives grass and leaves from in town location at no charge and accepts brush from town residents and landscape contractors on a fee per load basis. It is also a major drop off area for materials picked up by the DPW in the normal course of business. The locus is bounded by the Berry St' soccer field on the west, a portion of the Bay Circuit Hiking Trail to the south, baseball and soccer fields to the east, and a vegetative wetland to the north. The site receives and processes wood chips, brush, leaves, grass, and fill material and some rubble generated by DPW projects. Materials Not To Be Accepted Non-recyclable material including but not limited to: 1 . Liquids of any kind, 2. Household rubbish or recycling 3. Construction debris, lumber, roofing material, etc. 4. Metal, glass, or plastic products 5. Appliances, televisions, computers or electronic devices. 6. Concrete or masonry rubble, 7. Asphalt paving, 8. Stumps or ledge, 9. Fill Fill Material Create a new fill area in the southwest corner. Fill material is to be free from asphalt paving. 1 . Cut trees and brush south of baseball outfield; leave a treeline buffer between fill area and ballfield 2. Using large dozer, push slope down into new fill area (see attached plan) 3. PROTECT BAY CIRCUIT HIKING TRAIL Cut existing grade up top so as to create a berm of existing material along the southern edge of the fill area. This berm is to prevent any future dumping of material to the south. 4. Water & sewer contractors will need to separate pavement form fill at the point of excavation. Leaves & Grass Continue to receive loose grass and leaves or in biodegradable bags only 1 . Create a program of turning over/aerating decaying leaves and grass 2. Use dozer to push current decaying material to upper level 3. Create area for newly received material 4. Create area for year old material 5. Rent screening plant to process compost into mulch and loam annually. 6. Screen material in existing stockpiled area up top on the south side of elevated area to create mulch. 7. Mix screened mulch with fill material stockpiled on the north side of upper area to create loam. Brush 1 . Continue to receive brush in the north east area of center a. Brush cut to 4 foot lengths, maximum. b. Max. caliper/diameter is 4 inches. 2. Use dozer to push current decaying material to one area for processing. 3. Rent a brush hammer annually to process brush and reduce material to mulch 4. Use town loader and truck to move processed material to area of finished products Rubble 1 . Material is no longer to be accepted except from isolated DPW project. 2. Rent a rock crusher to pulverize the existing material 3. Processed material can be used as backfill Wood Chips Continue to stockpile wood chips in area created. 1 . Monitor removal of chips by outside contractor. Pavement Millings Receive pavement millings from DPW road projects as needed to maintain existing parking areas for athletic fields and access roadways. 2013 Operational Initiatives Cyr Recycle Center Sharpner's Pond Road North Andover, MA. March 12, 2013 Anticipated management efforts this year Equipment that needs to be rented from outside suppliers is: a large dozer, a trommel screening plant, a brush hammer, and a rock crushing plant. 1 . Protect Bay Circuit Hiking Trail to the south a. No more material is to be pushed to the south of areas already existing. Fill is beginning to encroach on the Bay Circuit Hiking Trail. b. Meet with Conservation Agent to better delineate and clear the newly rerouted Bay circuit trail c. Cut brush and place across the existing trail to reroute hikers onto the new portion of the trail away from the toe of the slope of material from the recycle area. d. Stop dumping new leaves and grass in the area west of the mulch area. This material is encroaching on the Bay Circuit Trail 2. Research Ward Hill Nursery's interest in processing our compost to mulch and trading '/z of material for labor & equipment costs. 3. Two week lease of large, wide track dozer a. Cut & grade new fill area b. Push stockpiled compost (upper area) to one pile close to planned processing area where trammel screener will be located. This will increase speed and efficiency of screening. c. Push leaves material to area up top for turnover of decaying material and creation of area to receive new material. d. Concentrate rubble to one pile for future processing with crusher. e. Consolidate brush area for future processing with' hammer 4. One month lease of screening plant a. Requires full time commitment of loader and two operators and two trucks b. Requires supervisory oversight for efficiency of operation. 1 . There will be two separate operations a. Creation of mulch only b. Creation of loam two piles 1 . Use of stockpiled fill material a. Clean loam can be used anywhere or sold 2. Use of street sweeping & catch basin tailings a. For town use only along roadways. 2. Keep screening plant processing 100% of time a. Swap off loader operators. b. Send one person for coffee break material. c. Have break on site. 3. Supervisor coordination of rescreening tailings a. Reduces volume to be handled and placed in fill area b. Maximizes production of finished product. c. Supervisor to coordinate disposalfhandling of tailings to fill area. 4. Supervisor coordination of mulch and loam production a. Coordinate the transport of fill material stockpiled on north side of upper area to area close to screening plant for addition to mulch to create loam b. Two separate area of permanent stockpile 5. Supervisor coordination of loading and moving material only one time c. Two separate area of permanent stockpile - mulch & loam 6. Supervisor to anticipate moving of screened material to mulch or loam location TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH q O tt�e° 1e NO ye,i •c O Joyce A. Bradshaw,CMMC 1 t = p Telephone(978)688-9501 Town Clerk, � � FAX(978)688-9557 �95SACHUSE'C 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-�; "(-� DATE: April 17, 2013 SUBJECT: Fortune Teller License Attached please find an application from Ms. Dolly Miller regarding a Fortune Teller License at 163 Turnpike Street. The business has been"up and running" at that location for some time, and it was discovered no license had ever been applied for. When contacted, Ms. Miller promptly appeared at the Town Clerk's Office for an application and has paid the fee. Included in this packet is a note from the Building Inspector stating that the Building Department has no issues. Also, the Police Department states they "have no reason to object to the license being issued." The Fire Department is not opposed to the issuance of a license, however, Lt. Fred McCarthy is in the process of reaching out to the applicant to schedule an inspection with Fire Prevention. Should the Licensing Commission approve the application this evening, the Clerk's Office could withhold the license pending the Fire Prevention inspection report, if that is the Commission's decision. If you have any questions or 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 G` I r a o s f¢r, ❑ change of dba❑ Other List type of license(s)applying for: Common Victualler F] Package Store All Alcohol Class I No.ofvehicles for display. Restaurant All Alcohol ❑ Package Store Wine&Malt ❑Class II No.of vehicles fordisplay:_ Restaurant Wine &Malt Fortune Teller ❑ Club All Alcohol Vehicle for FEre/Taxi No of Vehicles: Annual Entertainment Sunday Entertainment ❑ Electronic Games-list below: Jukebox Billiard Table No.of tables: Business Name (legal): Gt C dba: 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, Address of licensed premises (include zip code): C j f-r l�A- mailing address (if different than above address): Name of individual/applicant authorized to apply for license:DO Kt Business tel, no. of applicant: Business email: /?l� REIN: (F.I.N.). 41111 Please check one of the following:❑own premises " lease premises❑property under P&S Name and address of property owner if different from license holder: / Name) Address J If applicable, please attach copy of lease and/or Purchase and Sales Agreement. i Do you currently hold a similar license? What type? r t) Have you previously applied for a license? (Yes) ❑ (No) Have you ever had a license revoked? (Yes)❑ (No) If yes, please indicate why: 1 I I i If there is a building or structure associated with the license, please submit the following (preferably on 81/2 x 11" paper-no larger than 8 U2 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 11 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 lbw _9�? Thursday Tuesday 1.0cem� - qT? Friday /�) , - �, 4 r ,� Wednesday /C�Clm -` NN Saturday 10 nm - 9 P-mh Sunday G am -- t p?" (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) Name of Business: Address: Federal Tax No. (If applicable): I certify that 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 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 loc 1 taxes required by law. Date: ,-1 \? 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 contain d in this application. Date: .' 13_Signature: t� Please contact the Town Clerics Office at (978) 688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 v J � 5 �+ =` L i i i i i i i i i i I i i i i i i i i i � 'roc-owtbar 77 TNriaMwis b•I+4 t(r+S^4��kk }�1�f E11}Cs _. � solslj5ldr lM1�WsP?i4'�Hhpl(��f�d�llont�ss� TOWN OF NORTH ANDOVER µ POLICE DEPARTMENT "Community Partnership" To: Karen Fitzgibbons, Assistant Town Clerk From: Lt. John Carney RE: Fortune Teller Application Date; April 12, 2013 The Police Department has no reason to object to the Fortune Teller License Application submitted by Ms. Dolly Miller for 163 Turnpike Street. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us Fitzgibbons, Karen From: Brown, Gerold Sent: Tuesday, /o: Fitzgibbons, Karen Subject: RE: application for Fortune Teller The Building dept has noissues From: Fitzgibbons, Karen Sent: Tuesday, April O9, 2013 12:13 PM To: Carney, John; McCarthy, Fred; Brown, Gerald Cc: Bradshaw, Joyce; Gallagher, Paul; Me|nikas, Andrew Subject: application for Fortune Teller Good Morning All, Attached please find an application for a Fortune Teller's License. This business has been in Town on Turnpike Street for some time, but it was discovered they never really had the appropriate license from the Board/Licensing Commission. After being contacted by the PD, they completed the attached application. As this item is scheduled for the April ZZ, 2013 BOS meeting, I would need your recommendations no later than end of day Tuesday,April 16, 2013, As usual, thank you for your oo-operation, Karen Please note the maxnur^om,oseourotaryor State's office has determined that most emails to and frorn municipal offices and officials aie public records. For tno* /^m^no/mn please refer to, Please consider the environment before rwouno this owanL TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas aF,,to a Fire Chief Fa` '' .' �° Telephone (978) 688-9593 FAX (978) 688-9594 Lt, F. McCarthy *�,�. ,•"� pNgip 10" amelnikas,c townofiiorthandover.com Fire Prevention Officer "SSACKUSE` finccat_thi,,<�)townofnorthandover.com Town Clerks Office 120 Main St. North Andover, Ma April 16, 2013, Karen, The Fire department would not be opposed to the business, Psychic Readings 163 Turnpike St. to continue as a business providing the proprietor contacts the Fire Department to schedule an inspection with fire Prevention. 1 am not familiar with this building. The inspection would address fire alarm, exits, extinguishers and emergency contact numbers as well as general fire safety. Thank you, Fred McCarthy Fire Prevention 978-688-9590 Town of North Andover Tree Warden NOTICE OF PUBLIC HEARING In accordance with Massachusetts General Laws (MGL), Chapter 87, Public Shade Tree Law, Section 3 (Cutting of Public Shade Trees; Hearing; Damages), the Town of North Andover Tree Warden will hold a Public Hearing regarding an application from National Grid to remove or prune public shade trees on April 22, 2013 at 7:00 pm at the North Andover Town Hall, 120 Main St, North Andover, MA. Any person interested or wishing to be heard on this matter should appear at the time and place designated. The program included a tree-by-tree hazard assessment of public and private.trees, along the main three-phase lines which serve the community. The work is recommended to remove hazard trees and prune for additional clearance in order to reduce tree outage problems affecting large numbers of customers served by these main lines. National Grid's arborists have identified eighteen (18) town-owned trees for removal along Boston Street, and two (2)town trees for pruning. Town trees located within the public way that are designated for removal have been posted with a notice of public hearing in the field. Trees designated for pruning have been marked with a small blue ribbon. A complete list of town trees designated for removal or pruning including information about the location, size and species of the affected trees and the reason for work proposed, is available weekdays from the Town Hall, Library and Highway Department during normal business hours. Bruce Thibodeau, P. E. Director, Department of Public Works Town of North Andover nationalgrid (Town-owned Trees) Town of North Andover NE Hazard Tree Mitigation Program Hazard Tree Removal List Circuit#:541_3 Site ID Street Name House# Location Pole# Dia. Species I#Stem Defect Condition Work Proposed ND126 Boston St 570 AF 7659-3266 26 maple Trim to remove 8"lead with split in it Trim ND126 Boston St 570 AF 3266-5158 29 hickory Large cavity on back at stem union.Split at stem union Remove ND132 Boston St 503 5156-3263 12 hickory Dead Remove ND133 Boston St Lot AF 3263 22 maple 2 Fungus and rot on base Remove ND133 Boston St Lot AF 3263-5155 19 maple Fungus on base,wound on front Remove ND134 Boston St 440 AF 5154-3260 30 maple Fungus and rot on base,large cavity in stem union Remove ND136 Boston St 408 AF 3259-5153 10 oak Dead Remove ND138 Boston St 394 AF 3259-3258 22 map le 2 Substantial fungal growth and rot Remove ND141 Boston St 336 AF 3265-3256 17 oak 2 Split in base @ stem union,crack has spread Remove ND142 Boston St 305 3256-3255 36 spruce Trim to remove dead lead Trim ND142 Boston St 305 3256-3255 31 spruce Rot and decay in base,storm damage in tops Remove ND142 Boston St 305 3256-3255 12 spruce Rot and decay in base Remove ND142 Boston St 305 3256-3255 13 spruce Large cavity,rot in base Remove ND142 Boston St 305 3256-3255 23 spruce Cavity,substantial rot in base Remove ND144 Boston St 296 AF (3254-29)-5150 23 oak Dead Remove ND144 Boston St 296 AF (3254-29)-5150 24 maple Rot in base,fungus on trunk Remove ND152 Boston St Lot AF 2602-2601 13 oak Large cavity on as,hollow,rot in cavity Remove ND152 Boston St Lot AF 2601-2600 11 maple Dead Remove ND152 Boston St Lot AF 2601-2600 10 maple Dead Remove Total Removals: 17 Total Trims: 2 03/25/2013 1 of 1 Johnson, Adele From: Callahan, Joan K. [Joan.Callahan @nationalgrid.com] Sent: Monday, April 01, 20134:15 PM To: Johnson, Adele Cc: Doran, Cornelius; 'Neil Doran' Subject: FW: NationalGrid-NorthAndover 541L3 Town Trees Attachments: North Andover 541_3 Public Hearing Notice.doc Hi Adele, Thank you very much. I have attached a copy of the legal ad I placed in the Eagle Tribune to run on April 8 and April 15, 2013. Our arborist, Neil Doran, will post the trees on the 8th. If you have questions or last minute changes, please call as soon as possible. See you on the 22nd. Regards, Joan Callahan National Grid Hazard Tree Mitigation Program 939 Southbridge Street Worcester MA 01610 508-860-6922 (office) 508-860-6616 (fax) From: Johnson, Adele [mailto:ajohnson(-atownofnorthandover.com] Sent: Monday, April 01, 2013 2:35 PM To: Callahan, Joan K. Cc: Thibodeau, Bruce; Maylor, Andrew; Lavin, John Subject: NationalGrid-NorthAndover 541_3 Town Trees Good Afternoon Joan, This is in response to the public hearing for removing and pruning hazard town-owned trees along Boston Street. Our tree foreman John Lavin met with Arborist Neil Doran last week. They are in agreement that the trees should be removed. We will schedule the public hearing on April 22, 2013, during the Board of Selectmen Meeting. The meeting starts at 7:00 PM, but your item might not be heard until 7:30 PM. Place your legal ad two weeks prior to April 22, 2013. If you need any additional information, please do not hesitate to contact me. Regards, Adele J. Johnson Executive Assistant Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9510 1 Johnson, Adele From: Maylor, Andrew Sent: Tuesday, March 26, 2013 2:32 PM To: Robertson, Karen; Johnson, Adele Subject: FW: Hazard trees, Boston St. N. Andover Attachments: NationalGrid-North Andover 541_3 Town Trees.pdf; North Andover 541_3 Public Hearing Notice.doc Please coordinate this for an upcoming selectmen's meeting. Regards, Andrew W. Maylor Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email amaylor @townofnorthandover.com Web www,TownofNorthAndover.com s MUM From: Callahan, Joan K. [mailto:Joan.Callahan @nationalgrid.com] Sent: Monday, March 25, 2013 5:22 PM To: Maylor, Andrew Subject: FW: Hazard trees, Boston St. N. Andover Andrew, I would like to schedule a public hearing with North Andover Selectmen and your tree warden regarding National Grid Hazard Mitigation Program removing or pruning hazard town-owned trees along Boston Street. Attached is a draft of a public hearing notice that we typically run two times in your local newspaper two weeks prior to the Public Hearing. I highlighted areas that you may or may not wish to change. When you have selected a hearing date and time and your newspaper choice, please let me know and I will update this draft notice and run it in the newspaper. National Grid will take care of all advertising costs. I have also attached a list of the town-owned trees identified by our arborist, Neil Doran. Two weeks prior to the scheduled Public Hearing, Neil will post the trees on this list with a copy of the public hearing along with the posting date, tree species and diameter. Please let me know if you have any questions. Thank you! Joan Callahan National Grid Hazard Tree Mitigation Program 1 Johnson, Adele Air, From: Thibodeau, Bruce Sent: Monday, April 01, 2013 1:39 PM To: Johnson, Adele Cc: Lavin, John; Willett, Tim Subject: RE: National Grid ACT program, Boston Street Adele, Lets schedule for the 22"'. I can attend the meeting. Bruce D.Thibodeau, P.E. Director,Department of Public Works Town of North Andover 384 Osgood Street North Andover,MA 01845 Phone 978.685.0950 Fax 978.688.9573 Email bthibodeau @townofnorthandover.com Web www.TownofNorthAndover.com From: Lavin, John Sent: Monday, April 01, 2013 1:10 PM To: Thibodeau, Bruce Subject: National Grid ACT program, Boston Street Hi Bruce, I met with Neil Doran the Arborist for this National Grid project on March 27tH. We looked at the trees they want to remove for their ACT program on Boston Street. I agree these trees should be removed as they are in poor condition a danger to National Grids wires as well as our roadway. Attached is an updated list of the trees and their locations. There are 18 trees they would like to remove and also 2 trees they would like to trim. I will be away on vacation leaving April 19, and returning to work on May 6tH John Lavin Senior Foreman, North Andover DPW Town of North Andover 384 Osgood Street North Andover, Ma 01845 Phone 978-685-0950 Fax 978-688-9573 Email jlavin @townofnorthandover.com 1 Johnson, Adele From: Tyler Bainbridge [longboarder_ma @hotmail.com] Sent: Wednesday, April 17, 2013 10:24 AM To: Johnson, Adele Subject: FW: Second Annual Longboard for Life Attachments: LONGBOARD FOR LIFE WAIVER AND RELEASE FORM (NORTH ANDOVER).docx Good Morning Adele, I sent an email to Lt. Carney on Monday and he replied the following day. The email is located below. Please let me know if this is sufficient. I have attached a copy of the waiver we used last year. You are welcome to change it to the town's liking if needed. I would like to remain on the agenda for Monday, April 22, 2013. Please let me know if there are any additional requests the town may have prior to the meeting. Thanks, Tyler Bainbridge From: longboarder ma @hotmail.com To: icarney @napd.us Subject: RE: Second Annual Longboard for Life Date: Tue, 16 Apr 2013 12:21:40-0400 Hi Lt. Carney, Thank you for your quick response. I appreciate your safety concerns and would also like to make the event as safe as possible. I'd be glad to cooperate with any requests you have to make this event happen as I have spent many hours planning this. Please let me know if you would like to meet in person to discuss any details prior to Monday's Selectman's Meeting. Thanks for the help, Tyler Bainbridge From: JCarney @napd.us To: longboarder ma @hotmail.com Date: Tue, 16 Apr 2013 08:21:00-0400 Subject: RE: Second Annual Longboard for Life 1 Hello Tyler—I understand it is not a race and I did watch the videos that you attached originally. I visited Bayne Hill Road as well. Woodcrest Drive is a 9.5%grade at its steepest I believe Bayne Hill Road is much less. I was asked to make a recommendation and I did so based on the information you provided. I believe that the town is moving toward allowing you to do this provided any liability questions are satisfactorily addressed. I will check with the Board of Selectmen office today and see where that stands. JC From: Tyler Bainbridge [mailto:longboarder maCcbhotmail.com) Sent: Monday, April 15, 2013 10:37 AM To: Carney, John Subject: Second Annual Longboard for Life Hello Lt. Carney, My name is Tyler Bainbridge and I am looking for a location to host the second annual charitable competition called "Longboard for Life". I understand you may have some concerns as to the safety of this event. The main thing I want to stress about this event is that it is NOT a race. We wont be racing down to the bottom of the street into the intersection. What we will be judging is based on the "sliding" or the breaking of the wheels' traction sideways on the hill. There are different variations of slides people will be doing as they go down the hill. These slides slow them down as they do them. Our team of judges will be judging on the style and "flow" of the riders. This event is for experienced riders who be coming from all around the country to compete. We ran this event last year without any problems, there were no injuries. I am not sure if you have seen this video yet but it showcases how fast the riders go and the sliding they will be doing. www.youtube.com/watch?v=HzLiAmDMOeM EVERY rider will be required to wear a helmet and the vast majority of riders wear slide gloves and knee and/or elbow pads. My father's friend is an EMT in Lynnfield and he will be donating his time to be at the event supervising any injuries that may occur. I have a dedicated team of 20+ people who will be staffing the event with walkie-talkies so if anyone does fall then we can radio up the hill to stop riders from proceeding. This method will also be used when residents of Woodcrest Dr. will be entering/leaving the street. There are multiple people on the street who are willing to vouch for me. We come to the hill once or twice a month and are always respectful. We have never had an issue with injuries or any complaints from the neighbors. I have walked up and down the street gathering signatures from the residents approving the event. I can supply a copy of this for you. 2 I would love to set up a meeting and talk about the safety concerns. We could even go to the hill and I could show you how it will be run. Thanks, Tyler Bainbridge Phone: 508 - 505 -8341 Email: Longboarder ma @hotmail.com Please note.,the Massac)"lt!s tte Secretary(]t State'5 office has determined that 7 OSt entails to and tCOM MUN(JI)a)offices and officials are public records.For n;.)e information pieaSe refer to:http://www.sec.state.ma,us/pre/preidx.htm. Please consider the environrnent hefom printing this eat ail. 3 • i INTEROFFICE MEMORANDUM DATE: April 4, 2013 TO: Adele Johnson, Executive Assistant FROM: Bruce Thibodeau, Director of Public Works CC: RE: Closure of Woodcrest Drive The Division of Public Works has no objection to the closing of Woodcrest Drive for the "Longboard for Life" event,which is to be held on June 1, 2013. If there are vendors in the area of the closure selling food and drinks, they must remove any trash and recyclables from the area at the end of the event. Street signs, sidewalks and hydrants need to be protected in case of damage. Perhaps the town might consider a (cash) bond in case of damage to any of these mentioned. TOWN OF NORTH ANDOVER Fire Department Fire Prevention Office Central Fire Headquarters 124 MA4N STREET NORT14 ANDOVER, MASSACHUSETTS 01845 Telephone(978) 688-9593 FAX(978)688-9594 Andr°ea�%:Ak��elnikas Andre , e amelnikas(a) owno rarthAndover.coin Lt Frederick McCarthy Fire Prevention Officer F McC'arthy(i�townof orthandover.corn April 4, 2013 To: Adele Johnson From: Andrew Melnikas, Fire Chief Re: Longboard for Life The Fire Department has reviewed the request from Tyler Bainbridge and Peter Guarino to hold the second annual Longboard for Life on Woodcrest Dr, June lst The Fire Department asks that, in the event of an emergency, that the apparatus be able to access the area. Please call should you have any questions. Chief Andrew Melnikas Maylor, Andrew From: Alan Benson [ABenson @town.boxford.ma.us] Sent: Monday, April 15, 2013 4:21 PM To: Town Manager; Vaillancourt, Richard M Cc: Susan Inman Subject: Long BOard event Selectman Vaillancourt(copy to Town Manager Maylor): I am in receipt of your request for information about Boxford's experience last year with:a charity long-board event. The event was held on June 9, 2012, The Board of Selectmen voted to allow Baynes Hill Road to be closed for the event from 10 am until 5 pm. The event was a fund raiser for a student team participating in the American Cancer Society's Tri—Town (Boxford, Topsfield & Middleton) Relay For Life. Boxford did require that the event organizers coordinate police and EMT coverage with the Boxford Police Chief and Fire Chief. The event organizers were able to obtain sufficient qualified volunteers to provide required coverage in a manner acceptable to the two Chiefs. The Town's insurance carrier, MIIA Property and Casualty, recommended that the organizers purchase one day event insurance naming the Town as additional insured. The organizers request an waiver, citing the high expense limiting the fundraising effort. The organizers did provide information about required injury waivers and required protective equipment. After deliberation, the Board of Selectmen did vote to waive a requirement for additional insurance. After the event, some residents of Baynes Hill Road expressed concerns about insufficient advance notice and coordination with the neighborhood residents. Also, one resident expressed a concern that identification of the road as an attractive location for long boarding would create ongoing public use in the days and weeks after the event. At the time, the Board of Selectmen instructed the Police to increase its monitoring on the road, however, there has not been a significant increase in police calls to the neighborhood. In summary, mindful of the comments above,the event was generally well received in the Town. Obviously I cannot predict if the Board of Selectmen would approve the event again in the future. However, the public safety and administration officials would have no objection to a repeat of the event with the additional recommendation of improved advance notice to and coordination with affected residents. Good luck with your deliberations. Alan J. Benson Town Administrator/CPO Town of Boxford 7A Spofford Road Boxford, MA 01921 Tel: 978-887-6000 x502 Fax: 978-887-5361 This email is subject to MGL c66s10, Public Records Law Please consider the environment before printing this email ( ke sse note the massachusr.tts Sectet"ar} of State's s office has deterrnined that rnost emi ails to and ttorrr municipal offfices and ofiidals are public,`race€ s F o rruVe iniormration Please refef En:http://www.sec.state.ma.us/pre/preidx.htm. 1 t4� A B C 1 ADDRESS NAME SIGNATURE 2 d�trBy �- Pr. 3 7 8 �J 90d /(a vo-e 9 �b mood c u . 10 11 -1 U� " J 12 ?j?✓ V-�O�C�C'_ (71� ' n pe-Avl�Svc 13 14 ' U DO 15 CK 18 19 20 21 Woodcrest Drive Fundraiser From Maureen Yadgood(myadgood@comcast.net) Sent: Sun 4/07/13 849 PM To: longboarder—ma@hotfnaicom Hi Tyler, I received the note from Laura Gifford; sorry to have missed you when you all came around. We are definitely in favor and will support this endeavor. My nephews and son are all long boarders. As a matter of fact, I am forwarding the information to my nephew, Jack Cirbee, who sells boards at the Rockingham Mail store. He may be able to obtain some sponsorship for you. If not, I know he would love to participate. Keep us in the loop! Maureen Yadgood Maureen C. Yadgood RN, MSN Maureen Yadgood & Associates Bringing New Life to Your Healthcare Organization 87 Woodc-rest Drive North Andover, MA 01845 ph 978-683-2240 fax 978-683-6283 myadgood@comcast.net https://bayl74.niai LI ke.coaftail/PrintM essages.asp>Ocpids=29cc7c7l-9fe6-1 I e2-bDf6-00237de41650,m&isSafe=true&FoI der ID 00000000-0000-0000-0000-00 June l st event From Addison(adson57 @comcast.net) Sent: Sun 4/07/13 1:41 PM To: longboarder ma @hotmaiLcom Tyler, You can count us ( 15 Woodcrest ) as an approval for your proposed event for June 1st . If you need help from us please let us know. if you want to set up on our lawn etc that is fine with us . Don Stewart (selectman ) stopped by on his way up the hill yesterday to poll the residents about how they felt. I told him it was fine with us, I also told him that the Ranney' s ( across the street from me) , are in FL for the month so I know he didn' t talk to them Mrs Crittenden in the third house on the other side is very hard of hearing so don ' t be surprised if no one has heard from her. Addison Minott tel . 508-783-3228 email : adson57 @comcast. net https://bayl74.mail.l i\,e.corTVniai I/Pri ntM essag es.aspx?cpi ds=656b7488-9faa-11 e2-9d7d-002264c247be,m&isSafe=true&FolderlD=00000000-0000-0000-0000-00... 1/1 � ��� �������� �� oarding Event FzOm: Shennom~aVchem*cmncenorg Se-ii-,: Wed 3/27/13 3:07 PM To: }0z��08z��� IDo��hDtoz8ic0ID - — - Hi Tyler, Thank you so much for reaching out the the American Cancer Society! | actually know Ashley, | am the staff partner that works with the planning committee for Relay For Life at Masco. They have talked a lot about your |ongbnarding event and ithink it is an cool! Not to mantion, such a great thing to do for an awesome cause. What is the date of the event this year? I can definitely see if myself or some of the Relay committee can come volunteer ot the event! Also, I can send you some ACS/Relay freebies to hand out if you'd like! Just let me know where to send the otuff'. Also, as for the use of the logo, I will definitely check with our marketing dept and see what kind of rules we have on that... and III get back to you! You can definitely write it in text something like "to benefit the American Cancer Society" but i will double check on the logo use and if it's ok. U| send over an approved logo to use! Gn excited that you're doing this, | think this is great! Shannon Archer | Community Exenutive New England Divoion | American Cancer Society, Inc. 43NagogPark Suite 110 Acton, K4A01720 Phone: 781.314.2678 cancer`org | 1.80O.227.2345 w-3 �� THE OMC1ALSPIGNSOR OFBhRT14DAY57 This message (including any attachments)/o intended exclusively for the individual u, whom d/o addressed and may contain proprietary, protected, ur confidential/nfovm,tion. If you are not the named addressee,you are not authorized to read,print, copy, or disserrinate this message o,any part ofit, ff you have received this message in error,please notify the sender imrnediateiy. Sharon Bainbridge Subject: FW: Longboard Event Fund Raiser From: Michael Murphy [mailto:mmurphy @town.boxford.ma.us] Sent: Monday,June 11, 2012 12:56 PM To:Sharon Bainbridge Subject: RE: Longboard Event Fund Raiser Ms. Bainbridge; Thanks for the note to the Administrator's office. 't did turn out to be nice event.The kids were respectful and I am happy that you raised so much money. I spoke with your husband on Saturday and had a chance to meet Tyler. He thanked me and I watched him as he supervised the riders. He is a very nice young man and should be congratulated for taking the initiative to help his friend Ashley. You were a good advocate for the kids and were in large part responsible for the success of this event. Chief Murphy From: Sharon Bainbridge [mai Ito:secaccountant atownofmiddleton.org] Sent: Monday, June 11, 2012 12:41 PM To: Susan Inman; longboarder ma-bhotmail.com Cc: Michael Murphy; Kerry Stickney; Alan Benson; Warren Gould Subject: RE: Longboard Event Fund Raiser Dear Susan, I would like to thank the Board of Selectmen, Chief Murphy, the residents of Baynes Hill Road, and the Town of Boxford for allowing us to hold our Longboard Event this past Saturday. The Event raised $1,485 for cancer research. There were 63 participants, 20 staff members, including Ashley and numerous spectators. I have attached a few pictures for you to see. I know that there were a couple residents who were understandingly unhappy, mainly the woman who lives at the top of the cul-de-sac. I want you to know the boys did leave a flyer with her children last Wednesday. She drove by them while they were walking back down her driveway yet claimed she was not home and knew nothing of the event. We apologized to her twice during the day. Living on a road that is constantly closed and used for motorcycle and bicycle rides, I understand her inconvenience. There were also residents who were supportive and came out to watch on lawn chairs, whose children set up a lemonade stand to take donations, and those who donated themselves. A few came down and wanted to let us know that the kids were doing a good thing and said they thought the event was well run. We had people pull up in cars saying they saw the Selectmen's meeting on TV and wanted to come by and see what it was all about. Some stayed and watched, and others just came by to donate. 1 In addition to the Boxford police officer who was assigned, we had an off duty Middleton police officer at the event until 4:00 and an EMT from Lynnfield on hand for a few hours in the afternoon. Chief Murphy called me Friday around noontime and asked that we get a Porta-Potty on site. We had one donated about an hour later. There were no injuries other than cuts and scrapes. After the event ended, we stayed and cleaned up the road and parking lot, and tried to leave everything the way we found it. At 5:00 we had the detail officer drive through the neighborhood to make sure nobody was left and there was no damage done, or trash. I hope there were no complaints after we left. Allowing us to hold this event has taught the children a lot about community service and giving. We were impressed how well they were able to pull this together, a lot of it on their own, and how well the event was run. The event was so successful,they plan to do it again next year, and we want you to know that we have a location already approved in another town. Sincerely, Sharon Bainbridge From: Susan Inman j mailto:sinmanCabtown.boxford.ma.usl Sent: Wednesday, June 06, 2012 5:08 PM To: Sharon Bainbridge; longboarder ma(�bhotmail.com Cc: Michael Murphy; Kerry Stickney; Alan Benson; Warren Gould Subject: Longboard Event Fund Raiser Good Afternoon, Your request for permission for road closure on Baynes Hill Road from 10AM to 5PM for a Longboard Event on June 9, 2012 in support of Relay for Life was approved by the Board of Selectmen at their meeting on June 5, 2012 with contingencies including the safety measures mentioned in your email attached below. In addition, the Board requested a list of the residents on Baynes Hill Road whom you have contacted along with evidence of their support of the event. This list should be delivered to the Board before the event date; our hours are 8AM-4:30PM M-Th (Town Hail is closed to the public Friday, but I will be in the office from 10AM-2PM and can be reached at 978-887-6000 x202). Please feel free to drop off the list in the office of the Selectmen or email it to me at sinman town.boxford.ma.us. The Board also requested that you leave a flyer with contact information for those residents who you could not personally speak with —thereby allowing them an opportunity to contact you with any concerns they may have. Arrangement of the road closure and the Lnecessary monitoring of any vehicle entry to the road should be worked out with Boxford Police Chief Michael Murphy. Ashley is lucky, and I am sure very deserving to have such friends-we wish your event great success! Susan Inman Administrative Assistant Board of Selectmen 978-887-6000 x202 ------------------------------------------------------------------------------------------------------------------------------------------------- Dear Chief Murphy, My name is Tyler Bainbridge. My friend Peter Guarino and I are hoping to plan a Longboard Event to raise money for the American Cancer Society. We are hoping we could set up a meeting to discuss a possible road closure for the day of June 9, 2012 from 10:00am until 5:00pm. What inspired the event is when our good friend Ashley Cunningham was diagnosed with cancer a few days before Christmas of 2011. She fought cancer for 5 months until early April and as of now, she has hopefully beaten the disease. We would like to raise money for our Relay for Life (http://www.relayforlife.or.q) group at Masconomet Regional High School in Topsfield, Ma. We are going to have a ten dollar entry fee for all participants of the event, we are expecting about 80 people to attend the event and compete. There will be many people from Masconomet High School spectating and we will have adult chaperones helping us out with collecting flyers and money. 2 The street that we would like to stage the event on is Baynes Hill Rd in Boxford, MA.This hill is the perfect venue in the area to have this event, and as longboarders we, crave long and steep hills. We have done a lot research on streets in the area and had to choose very carefully, we concluded this hill was perfect for our event. The hill is long, wide, and steep. As hosts of this event we will be taking various precautions in order to ensure the safety of the riders. We will have hay bails at the bottom of the hill and we will require that each participant is wearing protection. Attached to this email is a waiver that all competitors are REQUIRED to have signed by a parent (if under 18 years of age). This waiver promises that all participants will be required to wear helmets and gloves as protection from falling. Please read more about this in our attached waiver. We have been to events in Harvard, MA and Lawrence, MA where the roads have been closed for longboard events and will follow the same safety precautions as they did. Longboarding is a form of skateboarding using a longer board with bigger wheels and wider trucks. In recent years this sport has had an amazing increase in popularity. The people who longboard are very friendly and are respectful to those who live in the neighborhoods where we skate. The longboard community is truly unique, everyone is so close and you get to meet a bunch of people that you otherwise would have never known. They are a special breed of person, everyone is nice to each other and always eager to help each other learn new tricks or moves. So far we have eleven sponsors that will be donating prizes to give away at the event. Their logos are located on the flyer (Please see attached) If possible, we would like to schedule a meeting with you to discuss the details regarding this event in depth. This is good for a cause and we are really hoping you can help. If you have any questions as to what longboarding is or how the event will look please see view the attached video: http://www.youtube.com/watch?v=BHDhH07J-Oo&feature=related Also attached to this email is the safety waiver and the flyer which will be distributed once we receive your permission to use this hill. Thank you very much. Respectfully, Tyler Bainbridge and Peter Guarino P(1(rlart Susan .Tnman Administrative Assistant Office of the Selectmen Town of Boxford 7A Spofford Road Boxford, MA 01921 Tel: 978-887-6000 x202 Fax: 978-887-5361 3 SECOND ANNUAL LONGBOARD FOR LIFE What is it? "Longboard for Life" is the second annual closed road longboard competition/fundraiser to raise money for the American Cancer Society. Last year we had 60 competitors and 60 spectators. We rose over $1,500 in donations. Longboarders from all over the country came to attend the event last year and we expect even more this year. Where? The desired location is Woodcrest Dr. in North Andover When? June 1st loam to 5pm. Event Organizer Contact Info: Name: Tyler Bainbridge Phone: 508 505 8341 Email: longboarder—Ma@hotmail.com > r 1 4 } a + L" " x iE B IIJ LOnG B- OR R- D SM R D A LON613OARD FOR LIFE LOBOARD FREERI LSE COMPETITION FOR LIFE ) UNE 9t 2012 3 - 10 PARTIO PATION PEE Canter society ALL PROCEEDS 60 TO THE AMERICAN CANCER S C)C I ETY , .. 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M f lit iT , b ly r 1Y^Sk� ` � €>� ' w a �.t �' t ,y -ft t fi SECOND ANNUAL LONGBOARD FOR LIFE WAIVER AND RELEASE FORM Participant Release of Liability ***Please read this document thoroughly hefore completing and signing*** The Town of North Andover and the Coordinators of the Longboard for Life Freeride Event are pleased to offer you the opportunity to participate in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT. Participation in this program can be a rewarding contribution to the Town through the raising of funds for cancer research. However, you should be aware that participation in this event will involve dangerous and hazardous activities including the use of skateboards in uncontrolled circumstances that may expose you to substantial risk for permanent disability, loss, and death. The attached Release of Claims, Indemnity and Hold Harmless Agreement absolves the Town of North Andover and its officials, employees, and volunteers, as well as the Coordinators of the Longboard for Life Freeride Event, from liability or responsibility for any harm or injuries you may suffer during or as a result of your participation in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT. It also provides that the Town and the Coordinators will not be liable or responsible for harm to others resulting from your participation in this event. Please consult with an attorney if you have any questions regarding this document. Participant's Information: Name: Address: Telephoner Date of Birth: Health Insurance: Emergency Contact: Name: Telephone: Release of Claims, Indemnity and Hold Harmless Agreement in consideration of the opportunity to participate in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT, and for other good an valuable consideration hereby acknowledged, do hereby agree to forever RELEASE the Town of North Andover, its employees, agents, officers, and volunteers, as well as the Coordinators of the Longboard for Life Freeride Event (the "Releasees"), from any and all claims, actions, rights of action and causes of action, damages, costs, loss of services, expenses, compensation and attorneys' fees that may have arisen in the past, or may arise in the future, directly or indirectly, from known and unknown personal injuries which I may have as the result of my participation in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT, and all activities related thereto. I further acknowledge that participation in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT is voluntary and may expose me or my property to the risks resulting from the dangerous and hazardous activities undertaken during the event by myself and other participants and volunteers, and I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for my participation. I therefore also promise to INDEMNIFY, REIMBURSE, DEFEND, and HOLD HARMLESS the Releasees against any and all legal claims and proceedings of any description that may have been asserted in the past, or may be asserted in the future, directly or indirectly, including claims for damages, costs and attorneys' fees, arising from personal injuries to myself or property damage resulting from my participation in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT, and all activities related thereto. I hereby further covenant for myself, my successors and assigns not to sue the said Releasees on account of any such claim, demand or liability. I am fully aware that by signing this document I am releasing the above mentioned parties from liability that may arise as a result of intentional or negligent acts of these parties. Additionally, it is my intent to release the above mentioned parties from liability relating to any accident and resulting injuries and/or death that may occur while participating in the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT, and all activities related thereto. Witness my hand and seal this day of Name (Printed) Signature Signature of Parent or Guardian (if participant is a minor) THIS FORM MAY NOT BE ALTERED 471997/NAND/0001 2013 TOWN OF NORTH ANDOVER MASSACHUSETTS w f z N,. h a.. s� " Z ,r 2013 ANNUAIAOWN MEETING WARRANT AND FINANCE COMMITTEE REPORT NORTH ANDOVER CITIZENS The Town of North Andover will take any measure necessary to ensure that any individual with a disability is not excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or service ISdentified in the "Americans With Disabilities Act" in order to��" paarticipate at Town Meeting, please contact the Town Clerk's'Office at 978-688-9502. Thank-you! If you require handicapped parking ,access or;need special parking accommodations, please call the Town.. Clerk's Office for advance arrangements. Voters will be checked in by ,last<name. Each x yoter will be given a Town Meeting Voting card and will need this card to be able to vote. Individuals will need to be registered` to vote'by Wednesday, May 1, 2013. All voters who have registered to vote as of that date will be eligible to vote �a t.ahe May;21, 2013:Annual Town Meeting. You may call the Town Clerl 's office 'at:9;78-688-9502 to verify voter status or request a voter registration form. Non-voters must sigri: n, display a non-voter pin and sit in a designated section. The Town willmmak any arrangements available to assist with warrants and participation,Jft our Town Meeting. Please do not hesitate to call the Town Clerk's Office at 978-688-9502 or e-mail O bradshaw @towno fnorthandover.c om). 2 ,X- 1` y' YX 2013 ANNUAL TOWN MEETING WARRANT Annual Town Meeting May 21, 2013 7:00'PM. ,North Andover High;School ` 430 Osgood Street t 3 ANNUAL FINANCE COMMITTEE REPORT TO VOTERS "The North Andover Finance Committee, constituted as required by Massachusetts law and the North Andover Home Rule Charter, ;consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all aspects of municipal finance on behalf of the Town's residents. North Andover's future rests with the Town's ability to provide outstanding physical and fiscal infrastructure, quality educational services and a good publlc�safety environment. While contractual and other expenditures continue to rise, the Find&(6mmittee believes that the proposed Fiscal Year 2014 operating and capital budgets result'in posiliveprogress in these vital areas. This progress is being accomplished without the,i'eed for any Proposition 2i*/z overrides for operating or capital needs. As a result of the Town's recent agreement with its' employees>to utilize the Commonwealth's Group Insurance Commission's health insurance pldr<<,nd benefit from its buying power, overall health insurance costs for both the Town and its employees will be reduced. The freed up Town dollars are being utilized, along with additional tax revenues, to begin a multi-year plan to repair and improve the Town's physical infrastructure,address the%need to reduce the level of Town debt (as a percentage of revenues), and .,day fund at the Town needs to achieve sustainability. The School Department's'requested'operatmg budget funds those areas requested by the School Committee while providing substantial additional dollars for the school's fastest growing area of expenditure, special education. Providing local special education programs will be a win win for both the students and'the,Town This &,,a multi-year undertaking. At the same time, the,operating'budgets for the"police, fire and emergency services departments are at acceptable level Discussions with the hbr ;y, senior center and youth services departments indicate that the proposed;budget adequately Beals with their financial requirements. The water and'sewer budgets�cover all required operational and capital costs and, if adopted, will result in flat rates for FiscalFYear 2014. Finally, after many years of operating in a deficit, the Stevens Estate is being budgeted to be profitable. There is one area that, at the time of writing this letter, remains open. The Finance Committee is still awaiting information concerning the Community Preservation Committee's requests. These requests will be reviewed prior to Town Meeting and the Finance Committee's recommendations and comments will be presented at that time. 4 Given the overall condition of the economy, we are happy to be able to report that the Town has been able to weather these troubled financial times without materially impacting the level of services provided to its citizens. Choices will always have to be made and priorities set. That is the nature of every budgetary process. It is important to note that the Town still faces financial challenges, the largest being the existence of the Town's unfunded retiree pension and health insurance liabilities. As noted in our last audited financial statements these unfunded costs exceed $150 million. This area is a concern to almost all of the Commonwealth's cities and towns as we11 as the Commonwealth itself. How our Town and all municipalities meet these commitments will have to be addressed in future years. Respectfully submitted, North Andover Finance Committee Alan L. LeBovidge, Chairman Thomas R. Dugan, Vice Chairman 4 Karin Blake William Callahan, Jr. Donald Elliott Dan Leary Michelle Nadeau Roberto Norbedo Matthew Remis �F 5 2013 MESSAGE FROM THE TOWN MODERATOR Dear Neighbors: Please allow me to invite all citizens to North Andover's upcoming Annual Town Meeting on May 21, 2013 commencing at 7:OOPM at the North Andover High School. The traditions and procedures of Town Meeting have been created oyerXcenturies. At last year's Town Meeting, the first at which I presided, we honored the past.and,"continued the evolution of Town Meeting that can best represent and serve North Andover at the present time. Last year I introduced new procedures and rules that, I hope you agree;= n" 'k the meeting both more transparent and efficient. The room itself looked differently than past years-,w th the introduction of, a large overhead screen that displayed Warrant Articles, motions.ancichanges to articles and motions in real time for all to see. I allowed more informal conversation among participants for the purp,oe of easing voter understanding of the issues to be decided-.",,', n addition significant improvements in broadcast quality and sound fidelity of�the live broaac,ast;ofthe meeting were instituted for the benefit of those citizens who could not attend. I created'ihe'position of Citizen Advocates who were available at the meeting to guide",', iia6es in crafting motions or amendments that they wished to present. These innovations:,<will femain._and some.incremental new ones will accompany the practices that we jointly expezzenced la§t year., _ The North Andover Town Charter'gves the Moderator the unilateral power to establish rules of parliamentary procedure in simplified form"'.f6T Town Meeting. Significant new rules of p rocedure, including`,thu._e first-ever�,`,in Massachusetts requirement of disclosure of personal financial interest, were,established last year. There`iiave been no changes in rules from last year. I am pleasedjo note that: owh Meetmg�attendees were extremely cooperative and embraced these new:rules and operational changes. Participating in our arinnal,community assembly is a hallmark of Open Town Meeting. The general tenure of respectful')deliberation and debate are governed by and evidenced in our neighbors',adherence to the 1hree simple behaviors below: • It is asked-that petitioners and follow-up speakers who address the meeting provide only new iriformati'on in an effort to persuade undecided voters. Continued reiteration of'pr'eviously heard information as a show of support takes time and does little to positively influence the outcome of a vote. • Please refrain from applause or negative responses during discussions. • Keeping remarks brief and relevant shows respect for the value of your neighbors' time. The most persuasive statements at Town Meeting are often those succinctly stated, disclosing new facts or arguments in an effort to advance a position while 6 retaining the audience's full attention. The five minute speaking time limit will be strictly enforced. Lastly, please review the Simplified Rules of Parliamentary Procedure, Addendums on Electronic and Visual Presentations, a Glossary of Town Meeting Terms and Participants as well as the Town By-laws that relate to Town Meeting. These rules and other information, presented below, will be helpful to all who attend, speak and/or present at Town Meeting. Participation at Town Meeting is a unique tradition, one which differentiates New England towns from other regions of the country and from cities, and some towns; in our own Commonwealth. Open Town Meeting remains the most direct and inclusive form @participatory democracy ever utilized in any form of government on this earth. I invite 'V6u, to contribute to this vital community conversation. Mark S. DiSalvo Town Moderator 1011 Great Pond Road msdisalvo @yahoo.com 978 683-4396 r y, 7 2013 NORTH ANDOVER TOWN MEETING SIMPLIFIED RULES OF PARLIAMENTARY PROCEDURE The purpose of Town Meeting is to establish and update the By-laws, operational policies, budgets and land use rules that govern our Town. North Andover's Open Town Meeting has been in force as our form of government since 1646. It represents the purest form of democracy in that every vote truly counts. Each registered voter is guaranteed an equal voice in the decisions made by the Meeting. In order to protect the sanctity of that vote, the North Andover Town Charter empowers the Town Moderator to establish the rules-`,,6f Procedure under which Town Meeting is to be conducted. These rules are historically basedon the traditions established by generations of North Andover citizens and by other New" gland communities, acting as legislators of their local governments. Specific parliamentary rulings and conduct are goveme&hy the Moderator, using Massachusetts General Laws, the North Andover Charter, North Andover By-Laws, and local,tradition as a guideline. The well-known "Roberts' Rules" are not applied an&have no bearing ©n conduct of the meeting. Past Moderators have also utilized the'hook "Tow" Meeti ng Time, A Handbook of Parliamentary Law", published by the Massachusetts,.Moderators' Association, to provide guidance for unusual situations. , Town Meetings across the Commonwealtl,,,.of Mns,sachusetts are Similar, but not identical, in the manner in which they are conducted. Lgcal toad bris„ can;(;significantly affect a town's proceedings and help define,the role and latitude of:the l�%oderator. At North Andover Town Meetings we will endeava to'present all necessary lnformation'in an efficient and timely manner so that the most clarity can be afforded to voters, enabling them to make informed decisions. Voters, in turn, have a�unique respofisibility. Notf,only must they express, by vote, the decisions made based upon theirr.own judgment and perspective, but also be cognizant of the effect their vote and/or decision has do all citizens of,Noith.Andover. The rules`of procedure for North:Andover Town Meeting follow: 1. ''The first action required afEer;,the announcement of any Article on the Meeting's W,'arrant is that a Main Motion be proposed. The citizen sponsor of an article, Tower Board sponsor;Or Town Board with an affirmative recommendation, are likely movers,,, a main motion. The initial motion for the Town budget will be made by the Finance "Committee:,' y Town Board or voter may amend the motion for consideratioh',,;deliberation of the meeting. 2. All motions must be seconded by a voter other than the person offering the main motion, and only then may discussion and debate begin. 3. Any voter wishing to address the meeting must first gain the attention of the Moderator when no other speaker has the floor. Public microphones are available, where a speaker seeking to be recognized, being courteous to others and those next in line, will call out"Mr. Moderator..." 8 4. Once recognized by the Moderator, a speaker is given a turn to speak for up to five (5) minutes and must address the meeting on only the article currently under discussion. Voters not doing so or speaking in a disrespectful fashion may be suspended from speaking on the matter at the discretion of the Moderator. Additional time can be granted by assent of the meeting, by prior arrangement with the Moderator, and at the discretion of the Moderator. Questions are welcome, as well as statements endorsing a position. A voter with a question will take precedence over anyone stating an opinion of support or non-support for an article. 5. Speakers must introduce themselves using their full narrie:and street address each time speaking at a session of Town Meeting. 6. Any person who has a financial interest in any article under discussion shall make a disclosure of that interest before speaking ;ny person who is"',a spouse, parent, grandparent, child, brother or sister of a per'son who has a financiat'Jifterest in an article shall also disclose such relationship before speaking. The employment, whether paid or unpaid, of any person acting,As an attorney, engineer, architect, land surveyor, broker, consultant, agent or in any'other cApacity by a person interested in the article under discussion, shali�bc disclosed before°that person speaks. Violation of such disclosure, or refusal to disclo`sc the required information, if asked, shall result in revocation of the speaker's right to be heard%on the matter°then before Town Meeting. Disclosure is not generally required of" who are utilizing and/or are beneficiaries of Town services suck as,, for 6�cA e;public safety, public works and public utilities,or parents of children m.public schools:However, if the speaker has a personal financial'interest beyond whatds�xeasonably available to all eligible citizens then disclosure,is required. 7. Town employees, and/or,appoited or�-elected officials are required to identify their position aid whether :or not they~ are speaking in an official capacity. Such ideutification;shall satisfy the disclosure requirement in rule #6 unless there is a specific matterutider discussion that does not involve their official capacity as an r-'employee, appointed or electe&official. A blanket initial identification, upon the first opportunity to spear is acceptable for each session of the meeting unless the individual is not spe, in an official capacity. In such case, the speaker shall be compelled to make a�disclosure. 8. All remarks'sh(1uldbe addressed to and through the Moderator, for the benefit of all attendees. Direct questioning of others is not permitted. Questions may be directed, through the Moderator, to any petitioner, speaker or official and, if determined germane by the Moderator, the person asked will have the immediate opportunity to answer such query. 9. An amendment, changing or limiting the main motion, can be offered during the course of debate. The Moderator may rule an amendment out of order if it is beyond the scope of the warrant article. The Moderator will redirect the discussion to 9 consider the proposed amendment once it is properly before the meeting. Specific wording of any proposed amendment must be made available in writing to the Moderator and Town Clerk before it can be considered. The party proposing such motion shall concisely state, to the meeting, the consequence of the amendment on the existing main motion and/or article being considered. Should reference or context be necessary to provide the meeting with full understanding of the amendment then this shall be allowed at the Moderator's discretion. 10. Respectful deliberation and debate are fundamental to Town Meeting. The Moderator may seek to establish a time limit on a specific article as,,,a;guide to the meeting in order to budget time and discussion. The Moderator wig' discourage repetitious statements. In due course it will become apparent thatauffie ent information has been presented and voters are ready to make their decision�ard the 1Vloderator shall so rule. Motions to move the question to a vote are in ot'der and are not"generally subject to debate. A motion to move the question requires a 2/3 vote for approval. At the Moderator's discretion, such motion may' ot"be allowed and/or may Abe subject to debate, particularly if the motion to ',close debate`�would restrict informed consideration of the entire meeting and/or Comes before an appropriate discussion has taken place on the main motion. 11. Votes are taken by two methods �=wflice ("Ayes"`'and. "Nays"), or a counted vote ("show of hands") — and declared to, bet.complete by, the Moderator when he announces the result. If the deterhilriation of a voice vote 's,doubted, a request by at least seven (7) voters, either rising or�standirig'm p�ace ,_,will mandate the Moderator to request a counted vote.. 12. Most issues will be decide&by a simple rajority of those voting. Issues requiring a two-thirds (2% �` four-fifths,(4/5), .or oth6f majority will be clearly identified to the meeting at the tiirie the�larticle is,,,presented.and again at the time of the vote. Articles that redure ;greater;than majority votes may be taken by voice and/or a limited counted vote`fog;the efficient conduct of the meeting. The Moderator will declare a v rote unanimous; ifso understood. 10 Addendum A Advisory on Electronic and Other Visual Presentations Any speaker at Town Meeting wishing to utilize an electronic or other visual presentation must abide by this advisory as well as adhere to all rules regulating conduct of any speaker. • The use of electronic/visual presentations are limited to provide necessary information that is not easily conveyed in verbal form, such as�maps, graphs, charts and photos. The propriety of use is to improve the clarity of�inormation given to the meeting. The Moderator will encourage consolidation >e£.'presentation material to benefit the attending voters, and to ensure balance during fhe;debate. • Electronic/visual presentations by Town agencies',,"with similar recommendations on an article, are encouraged to consolidate electronic/visual presentations into a single presentation. That presentation, scheduled with the Moderator at least one week prior to a Town Meeting, may utilize up to 1 S rrifnutes, with the intent that it will reduce the time needed for multiple presentations and,follow=yon comment and response. The deadline for submission of a presentation lna be, waived upon the Moderator's discretion. • Electronic/visual presentations by any citiz PR must alsoy,be coordinated with the Moderator at least one week prior to,Town Meeting r_ • All voters in attendance must be able."to see and hear any presentation made, regardless ofwhere they are ated in venue. If this standard cannot be met then the presentation,shall not b&'1.11 owed as iiovoter, by happenstance of proximity to any presentation, `shall-have an"advantage of More easily viewing any presentation over any other„ voter.. Equipment a a7lability>>is the responsibility of the petitioner/ presenter Technical assistance and arrangements for display equipment must be the Town Town Clerk and Moderator, at least one week before the meeting. CompVters, projectors and screens may be available. Use of an overhead projector is not allowed. E`q�ipment malfunction or any other reason for lack of alyility� to use any punned electronic or other visual display will not invalidate consideration of the article or keep the body from considering the motion. It becomes the responsibility of the petitioner/presenter to present arguments in another form within the rules oft Town Meeting. 11 Addendum B Glossary of Town Meeting Terms and Participants Town Meeting Town Meeting is the duly-called meeting in which all registered voters are eligible to participate. It is the Town's de facto legislature, where fiscal issues, zoning changes, by-law amendments, and other matters affecting the Town are decided. An Annual Town Meeting is held in the spring to decide issues for the following fiscal year, which begins in July. A Special Town Meeting may be called at any time to deal with issues that cannot,,wait for the next Annual Meeting. A Special Town Meeting is called by vote of the Selectmen or if two hundred (200) voters sign a petition requesting one. Warrant r The Warrant is the official public notice of business to be considered at Town Meeting. It will be publicly posted throughout the Town, set a time aiid place for the meeting, an d,,contain one or more articles. Once the warrant is opened by the'Selectmen articles may be submitted until the stated deadline. Article An Article is the self-described characterization of an issue to be decided at the meeting and must be clearly defined by the petitioner,,or spofts,oT. The content of the article must be clearly and completely explained so that voters 4`111 fully u derstand the-,'context and meaning of the article. The scope of each-�article,sets the bounds of-aotions�,,that may be taken. Amendments or motions outside the scppc_of'issues and/or actions presentedi Ae article at the time of posting of the Warrant may notbe'considered at the meeting. Articles are submitted by Town Boards or agencies, citizen petitions of ten (1Q)registered" ters at Annual Town Meeting, or one hundred (100)registered vote rs;a-,Special Town Meeting. i, Main Motion A maiw., o`tion is required for'the meeting to act on a given article and must be within its scope. It maybe as simple as `,`To adopt;the article, as printed in the warrant" or a more complex motion has long as the article's scope, is not exceeded. A main motion must be made and secondcd��or discussion to'Proceed; a"favorable recommendation from the Finance Committee will be taken as a main motio%to be then seconded by an individual at the meeting. Affirmative rather than negative main motions are preferred to avoid voter confusion. Amendments Amendments may be'/'offered to a main motion, debated and then accepted or rejected. All amendments must be submitted to the Moderator in writing. Individual amendments will be considered in the normal course of business, in turn. Amendments to amendments will be actively discouraged and generally not allowed unless, in the Moderator's discretion, it provides specific clarity to the issue under consideration. Upon all secondary motions having been voted, voters will return to discussion and vote on the main motion, whether amended or not. 12 Reconsideration Reconsideration of an action under any single or multiple article(s) may be proposed only once upon the conclusion of any article and prior to the commencement of the next. Whether offered for reasons of clarity or tactic to preclude reconsideration of votes already taken, the introduction of a motion to reconsider should not be done lightly as once reconsideration is denied, the decision on an article cannot be reversed or altered. However, town By-law provides the Moderator discretion, for reasons which he shall state to the meeting, to allow a second motion for reconsideration of any action taken by any Town Meeting during that meeting or any previously adjourned session. Adjournment A motion of adjournment requires the meeting to convene at a certain future time, date and place. Dissolution Dissolution is the final act of a meeting. All issues will'have concluded,"aridJuture discussion will require another separate meeting and duly postedwarrant. Responsible Parties: Voters Voters are the ultimate decision makers Voted decisions:u4re binding on the entire Town, including its elected officials, with the eXception of xesolutions�of advisory articles. Moderator The Moderator is the person elected and :'responsible for`J the conduct of the meeting. Establishment of rules„ oceduralulings, condo of debate, and voting are vested solely in the Moderator. ” Town Clerk The Town,Clexk,is;appoint&"d'by the Town Manager and is responsible for distributing notices of any Town Meeting; Keeping"alt-,public records associated with the meetings, and producing the final ecorded minutes of action voted. The Town Clerk's minutes are the only tangible record of d6"ate>and voting, and arc used in formal enactment of local By-law. Selectmen' The Board of clectmen is'ai�'elected body responsible for calling the meeting and setting the warrant. This ex6cutive b'o rd is often authorized by the meeting to act on the Town's behalf between Town Meetings and oversee its management through the appointed Town Manager. School Committee The School Committee is an elected body responsible for setting policy and directing management of the schools,through its appointed Superintendent of Schools. Finance Committee The Finance Committee is appointed by the Moderator and is responsible for specific recommendations to the Town Meeting on financial and certain other articles. This body of 13 citizens has the obligation to investigate finance related articles proposed to the meeting and make independent recommendations in the best financial interest of the Town. Planning Board The Planning Board is appointed by the Town Manager and is responsible for administering the Town's Zoning By-law. This Board is required to hold hearings and make recommendations on articles which affect zoning or environmental issues. Town Counsel Town Counsel is the Town's Attorney, appointed by the Selectmen ,Town Counsel will make legal rulings and advise the meeting when that advice is needed Executives, Staff and Committees Many other participants have strong interest in assuring�:the success of:Town Meeting. They propose issues, explain interests and supply information'to the voters. Included in this group are the Town Manager, Superintendent of Schools, Town Accountant, Department Heads, and various other Town Committees. Operating Staff Significant effort is made to properly organize and operate Town Meeting. Town staff and volunteers provide the necessary support;to conduct each Town Meeting and include Registrars of Voters, Voter Check-in Clerks, Counters, Ptti l'.Safety Officers and Facilities Personnel of the building in which the meeting is held. s 14 Addendum C Town Bylaws Affecting Town Meeting Chanter 59 § 59-1 Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen(14) days from the time of adjournment,the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. § 59-2 Quorum. There is no quorum requirement for Annual or Special TownJnMeetmgs § 59-3 Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons",Aich he shall state to the`aeeting, no second motion for the reconsideration of any action taken by any1own Meeting 'sh-11 be entertained during that meeting or any adjourned session thereofi.' § 59-4 Secret Ballots. Upon motion duly made and seconded,ut,anyAnnual or Special Town Meeting, and upon the affirmative vote of at least twenty-five pexcent`(2M%)of the voters present at said Annual or Special Town Meeting, any Article in the'warrant for said"Annual:o Special Town Meeting shall be voted upon by Australian,;(secret)ballot. § 59-5 Information Required for Consideration of Articles. A. The sponsor of any,Article requiring the raising and/or appropriation of town funds shall provide"to the Town Manager and Ito the Finance Committee the following information: 1. Totat,egt irimateddollar cost'of the Article including: a Staff=iip costs b R'Oo ccurring anri nahcosts,incl uding iuding any increase in personnel and/or equipment purchases. ti<< e. Source of estimate 2. Estimate:of any possiblercvenues the project might generate. 3. Proposed'source and/or mechanism for funding. 4. Reason(s) forlthe request,'including but not limited to need. 5.Population group most'likely to benefit or be affected by the project. 6.Possible alternatives to the requested proposal. 7. Schedule or time frame for completion of the project. 8. Any motions that would be introduced to support the Article as submitted. B. This information shall be provided within two (2) days after the final fixed date for receiving Articles into the warrant for the Annual or any Special Town Meetings. 15 § 59-6 Annual Town Meeting The Board of Selectmen shall vote to set the date of the Annual Town Meeting in accordance with Chapter 39 Section 9 of Massachusetts General Laws. Chapter 39 also permits the Board of Selectmen to postpone by vote an Annual Town Meeting. Any such postponement shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon. § 59-7 Votes to be Declared by the Moderator The Moderator may take all votes requiring a two-thirds majority in the,same manner in which he or she conducts the taking of a vote when a majority vote is required f } t 4, 4 , 16 2013 ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Annual Finance Committee Report to Voters 2013 Message from the Town Moderator Simplified Rules of Parliamentary Procedure WARRANT FOR ANNUAL TOWN MEETING Page Article 1 Reports of Special Committees Article 2 Reports of Receipts and Expenditures GENERAL ARTICLES Article 3 Authorization of the Town Manager ok 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;=1;12 Food Service'Establishments Article 7 Acceptance of a Public Way 7-4edgate:Lane,; Article 8 Amend Make up,of School Building Cddimittee Article 9 Approve Special Legislation for the;P,urpose of' rin2 Approved AffordaI4 Housing is Included on.the DHCD Subsidized Housing Inventory Article 10 Citizen'iPetition—A-Resolution tosupport Passage of a Constitutional Amendment Providing That Only Human Beings Are People Article 11 Citizen's>Petition-:Cori eyauce,of Property from Orchard Village,LLC to ,Town of North Andover FINANCIAL:ARTICLES Article 11 Set Salaries and,'"Compensation of Elected Officials Article 13 "','.Continue and Approve Revolving Funds Article 14 Approve Payment of Prior Years Unpaid Bills 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 Report of the Community Preservation Committee-Appropriation From the Community Preservation Fund Article 22 Authorization- Debt for Improvements to the Greater Lawrence Technical School 17 Article 23 Transfer to Capital Stabilization Article 24 Transfer to Stabilization Article 25 Transfer Overlay Surplus 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 v ZONING ARTICLES Article 28 Citizen's Petition—Proposed Zoning By law to Allow the Keeping'of,, Backyard Hens Article 29 Amend Zoning Bylaw—Section 6: Signs,and Outdoor'Lighting Regula't ions Article 30 Amend Zoning Bylaw—Section 8: Supplemenwy-,Regulations,Subsection 8.5:Planned Residential Developments (PRD) Article 31 Amend Zoning Bylaw—Section 8: Supplementary Regulations by adding Subsection 8.11: Wind Facilities v Article 32 Amend Zoning Bylaw—Section 81`Supplementary Regulations by adding Subsection 8.12: Medical Marijuana Treatment Facilities Article 33 Amend Zoningo Bylaw—Section 18: Do"nfowit Overlay District, Subsection 18.2: Permiii4tises�F Article 34 Approve Zoning Map Appendix A Executive,: =Article,19.-,., Audit 18 of IAa eTM'9ti y,SSnCHSE�4 Annual Town Meeting Warrant May 21, 2013 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts,and in compliance with Chapter 39 of the General Laws, as amended, and our North AndoveIf Town Bylaws and requirements of the Town Charter, you are hereby directed to notify andrvvarn the inhabitants of t1 e-Town of North Andover who are qualified to vote in Town affdira to meet at the North Ando�e "Ljigh School, 430 Osgood Street, Tuesday, May 21, 2013, at 7:OO,PM then and Jere to act upon'the following articles: ' Article 1: Reports of Special Committee,sI see if the Tow'n will vote to hear the reports of any appointed special committees, , or to take any other action`relative thereto. Board of Selectmen Board of Selectmen Recommendation ; v.;. Vote Required': Majority Vote CONSENT ARTICLES: Articles 2, 3, 4 and 5 may be considered by a single vote if there is no objection(requires unanimous consent) Article 2: Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2012 Annual Town Report, or to take any other action relative thereto. Board of Selectmen, 19 Board of Selectmen Recommendation: Vote Required: Majority Vote Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal,;extension or option, provided in each instance the longer term is determined to be in the best m'i6iest of the Town by vote of at least four(4) members of the Board of Selectmen or the School Cotiiinittee, as appropriate, or to take any other action relative thereto. 'r Board of Selectmen Board of Selectmen Recommendation: _sy Finance Committee Recommendation: _ Vote Required: Majority Vote „ Article 4: Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School ,,Qo �ittee�to accept grants of easements for r -; access, water, drainage, sewer, roadway and `tihty"purposes on terms and conditions the Board and Committee deemmAhe best interest of the Town, or to take any other action relative'thereto- Board of.Selectmen Board,,of Selectmen Recommendation: Planning,Board Recommendation': , , To be made at Town Meeting Vote Requu-ed; Majority Vote Article 5: AuthoriZOWn`'to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen 20 Board of Selectmen Recommendation: Planning Board Recommendation: To be made at Town Meeting Vote Required: Two-third Vote (2/3 Vote) Article 6: Amend North Andover General Bylaw — Chanter 112 Food Service Establishments. To see if the Town will vote to amend the Town of North Andover General Bylaw, Chapter 112 Food Service Establishments by adding Section 112-2 Preparation and/or Retail Sale of Food or Beverage, or take any other action relative thereto. Amend Chapter 112 by adding Section 112-2 to read as%follows: § 112-2 Preparation and/or Retail Sale of Food oir Beverage 112-2.1 The Board of Selectmen may grant licenses to persons whose principal business is to prepare and sell food or beverage at retail who are not otherwise licenses as a common victualler. No person who is eligible for such a license shall conduct such business without being so licensed. This bylaw shall not require the Selectmen to grant said license if, in their opinion, the public good does not require it. For these purposes, in determining whether the public good is served, the Selectmen shall ascertain whether the travelling public will be inconvenienced in its use of the public ways and sidewalks, whether the business has sufficient parking, and whether the public safety is protected. 112-2.2 The Board of Selectmen shall establish an annual fee for such licenses. 112-2.3 The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process, and in doing so, may impose such terms and conditions upon granting such licenses as it may consider appropriate. 112-2.4 Provided, any person conducting said principal business as of the day this bylaw takes effect may continue to do so for up to 90 days, by the end of which time, said business shall be discontinued unless a license has by then been issued. In entertaining an application, the Selectmen shall apply the standards set forth in Section 112-2.1 insofar as is practicable considering that the applicant has been operating prior to the Town enacting said bylaw. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote 21 i EXPLANATION: This new bylaw will allow the Board of Selectmen to establish rules and regulations that will govern any person(s) whose principle business is to prepare and sell food or beverage at retail who are not otherwise licenses as a common victualler (i.e., mobile food trucks,hotdog/sausage stands, etc). Article 7: Acceptance of a Public Way—Redgate Lane To see if the Town will vote to accept and name Redgate Lane as a�public way, as laid out by the Board of Selectmen, and as shown as "Redgate Lane" on arplan'�ee` titled, "Street Layout Plan, Redgate Subdivision prepared for X, Scale 1" = 40'; Dat6,X by X`�imd to accept deeds to all related open space parcels and easements, shown on Plaus'xecorded as P1anvNo. X and Plan No. X at the North Essex Registry of Deeds and on the above referenced Street Layout Plan, or take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Majority Vote Article 8: AmendMake-up of School Building'Committee. To see if the Town will vote to amend Article 34 oft e'Annual I�own,-Meeting of 1946 by replacing the word "annually" with "for three years" and the words "byaricl from";with "by", thereby allowing two of the three members,ofrthe;School Building Committee appointed by the School Committee to be residents not seryiig">on said School Committee for a fixed term, r or to take.any other action relative thereto. School Committee Board of Selectmenr.Recommendation: Vote Required: Majority Vote EXPLANATION: Warrant Article 34—Annual Town Meeting,March 16, 1946: Voted that a committee of seven be chosen, three of the members to be selected annually by and from the School Committee, the other four members` to be appointed by the Moderator, for terms of three, four, five, and six years respectively and that upon the 22 expiration of the terms of each appointed member, the Moderator be authorized to fill the vacancy for a three year term. Article 9: Approve Special Legislation for the Purpose of Ensuring Approved Affordable Housing is Included on the DHCD Subsidized Housing Inventory. To see if the Town will vote to authorize the Board of Selectmen to seek special legislation as set forth below for the purpose of ensuring that low or moderate income housing authorized by the Town to be built or created under G.L. chapters 40A, 40B, or 40R shall be included forpuiposes of G.L. c.40B, §20 on the Subsidized Housing Inventory maintained by the Departrrientof Housing and Community Development as "affordable housing"; provided, however, .,that'the'General Court may make clerical or editorial changes of form only to the bill, unless-`the Board`'of Selectmen approves amendments to the bill prior to enactment by the General"Court, and prided further that the Board of Selectmen is hereby authorized to approve arieridments which shalh:be within the scope of the general public objectives of this petition, , or to take any other action relative thereto. An Act Relative to Affordable Housing in_the Town of North_.Andover Section 1. Notwithstanding the provisions of"sections 20 through 23 of chapter 40B of the General Laws, or of any other general ors special state`regulation to the contrary, the determination of whether the 'own of North'Andover has: o :or moderate income housing in excess of ten per cent of;the total housing units reported in the latest federal decennial census for the Town of North Andover for purposes of section 20 of said Chapter 40B, which determination is reflected in a hst"known as the;Subsidized Housing Inventory ("SHI") as maintained by the Massachusetts Departtirient of. Housirig� ,.and Community Development or by a successor department regardless of:its narne,' shdlt be)calculated as follows. As of the date an approval decision is filed wT the Nortfi Andover Town Cleric and through and including the expiration date of;the-decision as provided by applicable statute or regulation and any extension of such decision`granted by action of the xTown or the General Court, the SHI shall include all of the following-,, h� A. Any affordable housing unit approved under any local zoning provision under G.L. c.40A, :including a `so=called Local Initiative Program project, provided that the affordable :unit shall`be required to have a permanent deed restriction to restrict occupancy of;ov Iiership of the unit to an "Income Eligible Household" as presently defined under the Department's regulations at 760 CMR 56.02; B. Any affordable housing unit in a homeownership project approved under G.L. c.40B or G.L. c.40R; and C. Any rental housing unit in a rental project approved under G.L. c.40B or G.L. c.40R. 23 Provided further that if any such approval decision is appealed, the unit or units at issue shall continue to be listed on the SHI unless and until the approval decision is finally overturned by a court of competent jurisdiction. Section 2. This act shall apply to all housing units meeting the requirements of section 1 wherein the relevant approval decision was filed with the North Andover Town Clerk on or after January 1, 2000. Section 3. This act shall take effect upon passage. Board of`Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: This article would authorize the Board of Selectmen to submit the Home Rules Petition. The purpose of this legislation is to ensure that low or moderate income housing authorized by the Town to be built or created under G.L. Chapters 40A, 40B, or 40R shall be included for purposes of G.L. c. 40B, section 20, on the Subsidized Housing Inventory maintained by the Department of Housing and Community Development (DHCD) as "affordable housing". Currently only constructed and occupied units are counted as part of that inventory. Article 10: Citizen's Petition' Af Resolution:to Support Passage of a Constitutional Amendment.Providing That<Only Human Bemis Are People. To see if the Town will vote to instru'`f, rs aAd-_Congressional representatives to support a Constitutional amendment to clarify'that.corpoxaations and other entities created by law do not have the same rights,as human beings. ,y WHEREAS, the first amendment to the United States Constitution was designed to protect the free speech rights?of human beings, not entities created by law(such as corporations); WHEREAS, corporations;are not mentioned in the Constitution and The People have never granted Constitutionadrights to corporations; WHEREAS, the United States Supreme Court's ruling in Citizen United v. Federal Election Commission overturned longstanding precedent prohibiting corporations from spending their general treasury funds to influence elections; WHEREAS, the above-mentioned Supreme Court ruling has unleashed unprecedented spending by corporations to influence elections, as occurred in the election of November 6, 2012; 24 WHEREAS, the impact of that ruling will be felt at the local, state and federal level as big campaign donors seek to dominate policy making; and WHEREAS, Article V of the United States Constitution empowers and obligates The People of the United States to use the constitutional amendment process to correct wrong decisions of the United States Supreme Court; NOW THEREFORE, BE IT RESOLVED that the citizens of North Andover, Massachusetts hereby instruct the Senators and members of Congress representing North Andover to propose and support an amendment to the United States Constitution making-it clear that corporations and other entities created by law are not entitled to the constitutional rights of human beings. Petition of'Frederrck Nothnagel, et al Board of Selectmen Recommendation: Vote Required: Majority Vote Article 11: Citizen's Petition — Conveyance of Property from Orchard Village, LLC to Town of North Andover. To see if ih&.`T,6""�M'Will vote to'� utllorize the Board of Selectmen to accept, for no monetary consideration,the cone ance of the following property from Orchard Village, LLC, upon terms and conditions"doemed by>the<Board of Selectmen to be in the best interest of the Town. That certain parcel of,Iand, togeth with alf'buildings and improvements thereon, including without limitation the>`water pump station and all equipment and pump station apparatus, located off of Salem Tumpik64n North An over,,Essex County, Massachusetts, and more particularly described as Lot 33 on,'ar-plan Hof lariil-,�erititled.� '"Definitive Subdivision Plan For `Orchard Village' in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001 Turnpike;Street,North? ndo`&,MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond Road Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160 Sumrnef�t. Haverhill, MA,0,1830 '6L,978-373-0310", dated April 2, 2009, last revised on June f 9, 2009, ai d,.filed with the Essex North Registry of Deeds District of the Land Court on October 16, 2009 as ,Plan Number 1; 083E, to which plan reference may be had for a more particular description of,sa d Lot 33 (hereinafter referred to as the "Subdivision Plan"). The above Lot is designated "Note a,'Buildin-"'Lot" and contains 2,047 square feet (.0470 ac), more or less, according to said Sibd" on Plan. Said property shall be conveyed subject to the following conditions: 1. The fee in the roadway shown as the "Proposed Road" and Lot 34 on the Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be conveyed herewith the right to use, in common with the Orchard Village, LLC and those claiming by through or under the Orchard Village, LLC and others lawfully entitled thereto, the way shown on the Plan as Proposed Road (now known as Empire Drive) for the purpose of ingress and egress to the property granted herein. 25 2. Orchard Village, LLC shall reserve unto itself, its heirs and assigns, all easements affecting the premises conveyed to the Town and shown on the Subdivision Plan. This conveyance shall be subject to the easements, conditions, and restrictions contained in the Subdivision Plan, and all other easements, reservations, covenants and restrictions of record, insofar as the same are in force and applicable, and acceptable to the Board of Selectmen, however not intending to revive any of the same. 3. Orchard Village, LLC shall also grant to the Town a permanent and perpetual right and easement to re-install, maintain and repair the water mains and associated pipes and fixtures now located within said Lot 34, in commoir' Qrchard Village, LLC and those claiming by through or under the Orch a Village,'LLC and others lawfully entitled thereto to use Lot 34 for all purposes that street and ways are currently used in the Town of North Andover"; Article 12: Set Salaries and Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows, or to take any other action relative thereto. Board of Selectmen/Licensing Commissioners,per person,per annum $5,000 Chairman of Board of Selectmen, per annum, in addition;`� $500 School Committee, per person,per annum $5,000 Chairman, School Committee,per annum, in additio�n> ` $500 Moderator, For Annual Town Meeting For each Special Town Meetm $250 Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation'., Favorable Actionln,, Vote Required: Majority Vote � Article 13: Continue and Approve Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter,44,,Secti6ri>53E l�-for the Fiscal Year beginning July 1, 2013, 27 Reuclu 'ng Fund;Accounts ' } Account Revolving FY 2014 Number Fund Authorized to Spend Use of Funds Revenue Source Limit 1 2031204 Wheelabrator Director- Community Air quality monitoring Wheelabrator Host $ 35,000 Planning Development Community Agreement 2 2031205 Wheelabrator Director- Community To enforce Trash Truck Wheelabrator Host $ 20,000 Public Safety Development regulations Community A reement 3 2031207 Health Dept - Director- Community Food Consultant fees<<. Inspection Fees $ 20,000 Food Development and expenses relateel�to Inspections program 4 2031208 Health Dept- Director- Community Septic Consultant fees `- Inspection Fees $ 15,000 Septic Development and expenses related to Inspections program 5 2031210 Field Director- Division of Field -6aintenance, Field rental fees, $ 10,000 Maintenance Public Works upgrade and related Grants, Donations, expenses and related Fundraising proceeds 6 2031211 Health Dept Director- Comlm unity ,,clinic supplies and other Clinic participant $ 30,000 Revolving Development `° related materials, > fees, Grants, Donations, and related Fundraising proceeds 7 2031213 Youth and Assistant ToSvn All programs and Participants' fees, $ 260,000 Recreation"",,-, Manager aet vities, expense, part Grants, Donations, Services tne,help and related Revolving Fundraising proceeds 8 2031217 El&er Services Assistant Town Senior programs, Participants' fees, $ 20,000 r`COA Revol',,,-JManager classes and activities Grants, Donations, y;- and related >� Fundraising proceeds 9 Stbrrnwater Director- Community Review, test and inspect Review Fees $ 50,000 Bylaw Development Stormwater reports Total: 460,000 i i 28 I `o ooj Fund Account;Receipts end E pend>#ores Receipts Expenditures Account Balance FY12 FY12 Balance thru thru Number Revolving Fund 711111 Receipts Expenditures 06/30/12 12/31/12 12/31/12 Balance 1 2031204 Wheelabrator $ 66,075 $ 25,000 $ (16,016) $ 75,059 $ 25,000 $ (5,535) $ 94,524 Planning 2 2031205 Wheelabrator $ 38,184 $ 12,700 $ (2,220) $ 48,6'64T$ 9,250 $ (2,020) $ 55,894 Public Safety 3 2031206 Host Community - Health Dept 4 2031207 Health Dept- $ 70,919 .$ 24,577 $ (14;907) $ 80,588 $ 21;95 .. $ (10,785) $ 91,753 Food Inspections 5 2031208 Health Dept- $ 16,657 $ 14,150 $ (t,6,748) $ 14'059 $ 5,800 $ - (4,760) $ 15,099 Septic Inspections 6 2031210 Field Maintenance $ 16,015 $ 6 750 $ (12,614 $ 10,150 $ 1,300 $ (4,641) $ 6,809 7 2031211 Health Dept $ 12,129 $ 17,50$ $ .`;.(27,673) $-1`-1'<-,J,,964 $ 16,530 $ (9,839) $ 8,656 Revolving 8 2031213 Youth and $272,959. $278,628 (333;$04) ,$21x8,082 $108,213 $ (189,026) $137,268 Recreation Services Revolving 9 2031217 Elder Services $; , 3,907 $ X3,3,070 $ (27,886) $ 9,091 $ 15,665 $ (12,382) $ 12,374 - COA Revol or to taleany other action relatzve thereto. Board of Selectmen Board of'Selectmen Recommendation: Finance Com nittee Recommendation: Favorable Action Vote Required:`" Majority Vote EXPLANATION: This article authorizes the revolving funds shown above for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E,1/2 for the Fiscal Year beginning July 1,2013 and ending June 30,2014. 29 Article 14: Approve Payment of Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior year(s), by the respective department, using appropriations of the current fiscal year, or to take any other action relative thereto. Prior Year Invoices FYI Vendor Amount Department Eagle Tribune 246 79„ Facilities Catholic Charities 70.00" ; School Education Inc 611.80 ;School Greater Lawrence Educational Collabrative 591.28 School Main Street Hardware 12826 Sch60l,, Matthes, Ralph 217.61 School;�i^;. Quality Fire 750x0.0 School v, Town of N Andover-Water&Sewer 2,;271;70 School EaglelEe School vator(3 invoices) �„ �� 0549.00 549.00 School Liddell Brothers 300.00 DPW Columbia Gas »� ;�;� 122f2.44 DPW Peterson Party 21150;00- Estate 23 a 468.88 Board of Selectmen Board of Selectmen<Recommendation: Finance Committee Recommendation'`' ,Favorable Action Vote Required- (4/5 Vote) EXPLANATION: Any prior fiscal year unpaid bills must be approved by Town Meeting in order to be processed for payment. All listed bills will be paid from the current year's budget; no additional appropriation is needed. This type of Article has a special voting requirement of 4/5th at an Annual Town Meeting. Article 15: Appropriation - General Fund for Fiscal Year 2014. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014, 30 FY14 GENERAL FUND BUDGET Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 RECAP Department Board of Request Selectmen & Finance Committee& Town Manager Recommend Revenues &Other Financing Sources Operating Revenues Property Taxes 61-,434;579 63,540,840 63,540,840 Local Receipts ,,,8,7541775 'r8,840,476 8,845,336 State Aid 9;435,614 �� 9,435,614 9,435,614 Operating Transfers <- 1,525,864 1'542,763 1,542,763 Total Operating Revenues 81,190,832 83,359;693 83,364,553 Other Fin. Sources Free Cash �" ,,,250,000 0 838,000 Overlay Surplus 0 0 _ 0 Others one time revenues 95,000 95,000 95,000 Total Other Fin Sources 345;000 95,000 933,000 Total Opr. Rev. &Fin Sources :81,535,833 83,454,693 84,297,553 Operating Expenses GENERAL GOVERNMENT,; Town Moderator 825 825 825 Selectmen/Town Manager., 315,943 316,787 298,868 Asst. Town Manager 4 49,556 49,571 49,571 Human Resource 81,383 81,383 81,383 u, Town Accountant . < 220,738 209,262 221,262 Finance Comiiilxtee 795 795 795 Treasurer/Collector ; 297,657 302,085 302,085 Assessing 296,940 318,339 307,170 Legal , ,, 185,000 185,000 160,000 Town Clerk 334,937 284,465 275,445 Community Development `� . 222,199 222,599 222,599 Planning 110,205 114,234 114,234 Conservation 85,938 87,971 95,971 Board of Appeals 34,763 36,625 36,625 Salary Reserve 0 0 29,000 2,236,879 2,209,9411 2,195,833 31 i I Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 RECAP Department Board of Request Selectmen & Finance Committee& Town Manager Recommend PUBLIC SAFETY Police Department 4,338,534 4,925,455 4,597,340 Fire Department 4,437,921 4,632,265 4,622,265 Public Safety Salary Reserve 209,471 0 199,019 Inspectional Services 252898;`` 285,032 285,032 Emergency Management 1y475 =.:, 35,4151 31,475 9,260,299 EDUCATION 9,735,131 N A Public School :"38,283,941 39,9$1,881 39,863,136 0 '�,0 0 38,283,94,1 39,981,88,1 ,f 39,863,136 PUBLIC WORKS Administration '�:�_ 406;937 409,082 409,082 Street& Sidewalks _ Z$ ,804 850,203 850,203 Solid Waste/Recycling 1268,638 1,295,174 1,295,174 Fleet Maintenance ,�76.,380 276,378 276,378 Structures & Grounds 534;511 507,353 507,353 Salary Reserve :... ' 3 0 24,000 Snow& Ice Removal ;752,448' 752,448 752,448 4;0 0;818 4,090,638 4,114,638 HEALTH & HUMAN�tERVICES Health Department 203,845 199,842 199,842 �, Elder Services � � ,� "=� r. 249,369 247,711 247,711 Youth Service �',: 257,142 310,653 302,068 Veterans Service 371,369 376,749 398,251 x _ Salary Reserve 0 0 14,000 1,081,725 1,134,_955 1,161,872 t 61LTURIE;iFRECR ItATION Stevens 6&6ry h 852,230 854,675 852,687 Sala ry Reserve � :�a 0 0 11,000 r 852,230 854,675 863,687 SUPPORT SERVICES Outside Auditmj 57,000 58,000 58,000 Purchasing _ 49,017 48,991 48,991 Information Technology " 932,586 998,757 998,257 Structures and Grounds,':',,,, 97,239 231,046 231,046 Salary Reserve 0 0 11,000 1,135,841 1,336,794 1,347,294 DEBT SERVICE Excluded- Principal-Long Term 1,399,856 1,434,856 1,.434,856 Excluded- Interest- Long Term 440,710 393,466 393,466 Excluded-Interest-Short Term 0 0 0 Included-Principal- Long Term 3,814,474 3,992,712 3,992,712 Included-Interest Long Term 636,633 554,157 554,157 Included-Interest-Short Term 0 0 0 6,291,673 6,375,190 6,375,190 32 Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 RECAP Department Board of Request Selectmen & Finance Committee& Town Manager Recommend EMPLOYEE BENEFITS Retirement Assessment 3,186,990 3,442,269 3,442,269 Workers Comp 303,702,.; _' 280,196 280,196 Unemployment Compensation 2001000 200,000 150,000 Group Insurance 10,746.;,804 10,746,804 11,091,614 Payroll Taxes 600;000 600,000 600,000 Police& Fire Accident& Sickness Inc. 90,000 90,000 90,000 -1.5127,496 X15;359,269 15,654,079 LIABILITY INSURANCE 337,154 377,62> 377,612 Regional Schools 215 68 259,779 259,779 School Building Committee 900 0 0 Finance Committee Reserve y _ `251,068 259,779 259,779 Total Non -Departmental Cosf 22,007,391, . 22,371,850 22,666,659 AnnuaV,Town Meeting'Vote 78; AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE -GLSD $ 141,336 FROM SPECIAL REVENUE -COMM PROG $ 62,700 FROM FREE CASH $ 29,710 $ 233,746 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action" Vote Required: Majority Vote EXPLANATION: This Article is the fiscal year 2014 appropriation of funds for the Town of North Andover. This annual budget is a declaration of our Town's priorities a ` statement on how we choose to allocate the limited collective resources that exist. The operating budget enables the day-to-day operation functioning of the town by paying for recurring expenditures for programs' and services, employee salaries, rents, utilities, supplies, insurance and debt service. The Library, Schools, Police Department, Fire Department, Elder Services and dozens of other town departments rely on this funding to provide services to you on a daily basis. The level of funding, and the choice of how we allocate that funding at Town Meeting determines the level of services that visitors, residents and businesses receive in the coming year. The operating budget;receives local aid from the Commonwealth, our local taxes (property, excise and business) and other fees collected by the Town. All town activities, not specifically directed to other accounts such as Water or Sewer Enterprise Funds, are funded through this budget. As a result, most of the Town's operating expenditures are paid through this appropriation. Rather than being asked to vote on each line item, Town Meeting is being asked to votes on various sub-totals (bolded lines in the above schedule) reflecting the overall budget for each Town department. By approving the sub-totals, rather than individual line items, the town manager will have spending flexibility within those programs so long as the Town Manager does not exceed the sub-total amount for the department. A majority of the Town Meeting has the right to vote on individual line items (or in fact, further subdivide them) if so (although this would limit the Town Manager's budget flexibility). 34 Article 16: Appropriation — Water Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of $4,891,704 in aggregate, for the purpose listed under column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Water Enterprise Fund, that $4,894,704 be raised from Water receipts and from these receipts $878,741 be transferred to the General Fund and to further transfer from retained earning the sum of$11,919.70 to cover prior year deficit in capital project fund, or to take any other action relative thereto. Y WATER ENTERPRISE FY14 '"`Recommendation F '` Town Manager FY 1 3 Department Boa`rd�of Selectmen Budget R64uest Finance,Gommittee Personnel 718 868,045 868,045 Expense 1,454,719 ,, 1,482,469 1,482,469 Debt Service 2,198,324 1,662,449 1,662,449 Sub-Total Direct Expenditures ,4,371 945 4,012,963 4,012,963 Admin�lndirect 747571!,;,, ;ti878,741 878,741 Total Water Enterprise 4;891,704 4,891,704 Board of Selectmen Board of Selectmen Recommendation Finance Committee Recommendation: Favorable Action Vote Required: lYIajority Vote h EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund. The fund is supported by water usage charges. The water rate'is set by the Board of Selectman' and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the consumption of water by the users. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the water department according to projected needs. 35 Article 17: Appropriation — Sewer Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of $4,729,587 in aggregate, for the purpose listed under the column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,729,587 be raised from sewer receipts and from these receipts $413,525 be transferred to the General Fund for indirect expenses and to further transfer from retained earnings the sum of$91,437.56 to cover prior year capital project deficits, or to take any other action relative thereto. SEWER ENTERPRISE FY14 �< ,Recommendation T6wn Manager FY13 Department Board of Selectmen Budget Request �� Finance:Committee ' Personnel 509,732 :';:,,,,,",X50,788 350,788 Expense 289,675 318,274 318,274 GLSD Assessment ",1,541,247 x.1,655,000 1,655,000 tixs Debt Service �; 2,000,406 ,1;992,000 1,992,000 Sub-Total Direct Expenditures ='411341,059 1 � 4,016;062 4,316,062 Admin/lndirect �, . x: 29,744 „�' 413;525 413,525 Total Sewer Enterprise 4;870,803: 4; 29,587 4,729,587 Board of Selectmen Board of Selecimen,Recotrimendation: Finance'Committee;Recomnendation: Favorable Action Vote Required: Majority Vote EXPLANATION: The purpose of this article is-to fund the Sewer Enterprise Fund. The Fund is supported by sewer usage charges. The,sewer rate is setby the Board of Selectman and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the use of sewer services by residents and businesses. Indirect costs are associated with the Division of,Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the department according to projected needs. 36 Article 18: Appropriation—Stevens Estate Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$271,974 in aggregate, for the purpose listed under the column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $271,974 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $46,460 be transferred to the General Fund for indirect expenses, or to take any other action relative thereto. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY14 Recommendation Town Manager FY13. _ Department Board,6f,Selectmen Budget Request Finance'°Committee _ - Personnel 1,40;000 y_'--,,96,125 �' 96,125 Expense 120';468 sv�129,389 129,389 Debt Service 0 ; , 0 0 Sub-Total Direct Expenditures 220,468 225,514 225,514 Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate Enterprise 286,928 :',271,974 271,974 Board of Selectmen Board of Selectmen;Recommendation: E Finance Committee'12ecommendationl: Favorable Action Vote Required: Majority Vote EXPLANATION: The purpose of this article is to appropriate funds to operate the Stevens Estate at Osgood Hill. Fees charged to individuals and groups using the facility and grounds for private events support the Estate. FINANCE COMMITTEE COMMENTS: We commend the efforts of the Stevens Estate Trustees, the Director, and other Town employees who have worked diligently over the past two years to improve the status of the Stevens Estate Enterprise fund. For Fiscal Year 2012, the Estate generated '`a net profit'. For Fiscal Year 2013, the Estate is on track to generate a profit once again. The careful stewardship of the Enterprise Fund will ensure that North Andover residents will continue to enjoy this historical treasure. 37 Article 19: Appropriation—Energy Efficiency Improvements at Public Buildings. To see if the Town will vote to raise and appropriate $4,049,027 by bonding or otherwise to make improvements to school and town buildings as identified in the Energy Audit detailed in the Appendix A of the printed Warrant, and to meet this appropriation, the Treasurer with the approval of the Board of Selectmen is authorized to borrow$4,049,027, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable`Yction Vote Required: Two-thirds (2/3)Vote EXPLANATION: The purpose of this article would be to fund a series of energy efficiency measures at school and town buildings. Those measures were identified as part of an investment grade audit completed by a firm 'selected as a result of a request for proposals. This work would be completed as part of an Energy Performance Contract; (EPC) in accordance with M.G.L. c25A, §111. EPC is a turnkey,(design/build) system,` which provides customers with a comprehensive set of energy efficiency measures accompanied by a guarantee that the savings produced will be sufficient to finance the cost of the project. FINANCE COMMITTEE COMMENTS: After substantial deliberation which amended the scope of the project, we recommend favorable action. This project is intended to generate energy savings which will be reinvested in energy-related capital improvements to Town buildings. We recommend the Town Manager and the Board of Selectmen carefully review the existing proposal and, if necessary, renegotiate or rebid the project to ensure that the Town realizes maximum value available in today's market. 38 Article 20: Appropriation — Capital Improvement Plan for Fiscal Year 2014. To see if the Town will vote to fund the Capital Improvement Program as listed under the heading "Board of Selectmen/Finance Committee/Town Manager Recommendations" and with the language included, FY14 CIP Recommendations _OtherFunding Board of Selectmen Sources Authorized to Finance Committee (Grants`,Chapter 90 Borrow under - Town Manager. Excess bond Line# ProiectDescription Recommendations CPA&spec Rev) Proceeds Chapter44 1 Ambulance $ 260,OOD $ (20,688) $ 239,312 2 Roadway Improvements $ 1,115,000 $ (775,000) $ (29,476) $ 310,524 3 Sidewalks Reconstruction $ 15;400 $ 75,000 4 Building Maintnenace $ 150,000 $ 150,000 5 Front End Loader $ 230,000 - -s $ 230,000 6 District Wide Paving $ � «. 100,000 $ (7,309) $ 92,691 7 Dale Street Athletic Fields $ 300,000 (300,000) $ - 8 Facilities Master Plan Implementation $ 3;895,5OQ' $ 3,895,500 9 IT Room Air Conditioning $ .76;839 $ 76,839 10 Municipal IT :` $�� 50000,, $ 50,000 11 Tractor and Brush Cutter $ 125,000 $ 125,000 12 School IT 127,131 $ 127,131 Water&High Street Lights, Intersection, 13 Road Improv $ >11000;; $ 110,000 General Fund Total $ 6,614,470 $ (1,075,000) $ (57,473) $ 5,481,997 14 Replacement of Carbon Filter Actuators- $ 220,000 $ (172,809) $ 47,191 15 Emergency Power"Upgrade WTP $ 220,000 $ 220,000 r Water Enterprise Furad, otalx; , $ 440,000 $ - $ (172,809) $ 267,191 16 =School St&Bunkerhill tt 'Sewer Replacment $ 300,000 $ (300,000) $ Improvements to vaious Sewer Pump 17 Stations $ 1,462,381 $ $ Sewer Enterprise Fund Total__ $ 1,762,381 $ - $ (1,762,381) $ - Total All Funds $ 8,816,851 $ (1,075,000) $ (1,992,663) $ 5,749,188 39 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow$5,749,188 under chapter 44 of the Massachusettes General Law or any other enabling authority, (2) a portion of the appropriation for item 1 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number $ 4,108.02 Fire Truck 2010,/Art 1 Date Bonded $ 1,490.11 Drainage Inmprovements 2007 26"O' 24;Sec 3 2/17/2011 $ 8,090.00 Senior Center Roof Replacement0 /Art 28,5 3 6/15/09 Dump Truck w/plow, sander and basin;� $ 6,999.87 cleaner 2011 Art 27 Sec 10 " ; ; .,2/17/2011 $ 20,688.00 `:,5/17/2012 (3) a portion of the appropriation for item 2 above shall be funded with the transfer from the following projects in the amounts set'f6ith below, said sumsuepresent excess bond proceeds not needed for the completion of;the pxQjects: .. Amount ,''Proiect Date/Article Number Date Bonded $ 1_,996.00 Internet„Telephone System 20 T1 /Art 27 Sec 3 5/17/2012 $ 223.00 School Data Storage:ii.rid Intergration 2011 /Art 27 Sec 8 5/17/2012 $ 2,156.00 Network Connection Upgrade 2008 /Art 14 Sec 7 6/15/2009 $ 25,101.00 Emer genc Generator 2011 /Art 27 Sec 7 5/17/2012 g Y $ 29,476 00 r (4) a portion of the appropriation for,item 6 above shall be funded with the transfer from the following project in the�:8iiount sef'jbrth below, said sum represents excess bond proceeds'16t.needed for the completion of the project: Amount Project Date/Article Number Date Bonded $ 7,309.00 Fire Sprinkler`System-Kittridge School 2010 /Art 28 Sec 12 2/17/2011 $ 7,309.00 40 (5) a portion of the appropriation for item 14 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Project Date/Article Number Date Bonded $ 4,000.28 Lake Co 1991 /Art 12 Sec 20 6/15/2001 $ 113,925.00 Bear Hill Reseviour 2004/Art l 1,sec 22 6/15/2005 $ 40,507.28 Water Main Rehab 2007/Art2,1'�Sec 19 6/17/2008 $ 14,376.44 Foxwood Booster Pump 2008/,Ai 04 Sec 16 12/15/2009 $ 172,809.00 (6)the appropriation for item 16 above shall be funded with the transfer from v , the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the protects: Amount Project `; Date"lArticle Number Date Bonded z. refunding $27,424.62 East Side Interceptor 2001-/Art 8 Sec 14 bonds 6/15/03 refunding bonds $5,927.41 Sewer System Ext Phase IVA1 "2001 k8 See 15 6/15/03 $30,913.66 Sewer Systein,Ext in Watertsh6d 2002 I r rt 11 Sec 24 6/15/2003 $1,945.00 Angus pump 1992/Art 21 1/15/1996 refunding $128,993.07 Sewer Sy Ext Phase1C 1998/Art 10 Sec 27 bonds 6/12/08 $73,875.67 West Side Sewer Trunk Relief< 1998/Art 10 Sec 26 6/15/2001 $2,439 51 $ewer System Phase III D 2000/Art 14 Sec 25 4/1/2002 $900.00 ewer',,,System Eft Phase IV 2000/Art 14 Sec 16 4/1/2002 $897.94 Eastside Sewer Replacement Design 2000/Art 14 Sec 28 4/1/2002 $3;000.00 New Bonny Lane Pufrip,�Station 2004/Art 11 Sec 28 6/13/2005 23 683:12 Sewer Ext Phase 4D 2005 /Art 10 Sec 5 9/20/2006 $300,000.,00:,,,:,, (7) a portion of the,, ion for item 17 above shall be funded with the transfer from the following projects iii the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number Date Bonded $123,477.35 Sewer Ext Phase 4D 2005/Art 10 Sec 5 9/20/2006 $938,406.39 Waverly Road Relief Sewer Main 2007/Art 21 Sec 23 6/1/2008 $400,497.31 Eastside Trunk Sewer 2008/Art 14 Sec 17 12/15/2009 $1,462,381.05 41 or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Two-third(2/3)Vote EXPLANATION: A capital improvement plan is a major, non-routine expenditure for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure with an estimated useful`life of five years or more, and a cost of$25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments over that term. The bonds may be general obligation (funded by the general tax levy) or special obligation (funded by water or sewer rates). Article 21: Report of the'Community Preservation 'Committee — Appropriation From Community Preservati6hn' Committee Fund.' To receive' the report of the Community Preservation Committee' and to see':�if the Town will vote to raise, borrow, transfer and/or appropriate from the.;.Community,::;-Pxeservatiori�,,Vund, in accordance with the provisions of Massachusetts Generat4ws Chapter 4,4B;a sum of money to be spent under the direction of the Community Preservation Commttee, or to take any other action,relative.thereto. List of Adiroved Proiects—Community Preservation Fund Description Amount Category Preservation of Second Burying Ground $ 30,000 Historical Preservation McEvoy Field Mastei"Plan $ 903,350 Open Space Protection Town Farm Soccer Field Dale Street $ 300,000 Open Space Protection Building Preservation per NAHS Master Plan $ 397,000 Historical Preservation Stevens Estate—Roofing/Flashing/Coverings $ 436,950 Historical Preservation Scholfield Mill— Stabilization, Exterior Restoration, and Interior Restoration $ 130,000 Historical Preservation 42 Ridgewood Cemetery—National Registry of $ 7,500 Historical Preservation Historic Places Veterans' Housing $ 461,894 Affordable Housing 0 Foster Street: Purchase of fee interest in approximately 8.05 acres of open field and wetlands adjoining conservation land owned by Essex County Greenbelt,plus closing costs (final purchase price not to exceed appraised value of property,total cost to be reduced by amount of any government grants or private contributions). Purchase contingent on seller paying any and all rollback taxes per M.G.L. c61A $ 500;000 Open Space Protection Administrative Costs $ 30,000 Administrative and Operatirg,Expenses Total for Approved Projects � x$3,196,694 From CPA Affordable Housing Reserve $ 2, New Appropriations $2,945;694 Co'uimumty'Preservation Committee Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote,; ; a: k; EXPLANATION: The Community Preservation Act (CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA was adopted at a Special Town Meeting in January 2001, and by the voters at the following Town Election in March of the same year. As adopted, it levies a 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property, and a complete exemption on property owned and occupied by people who qualify for low-income housing or low- or moderate- income senior housing. The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among,the allowable categories of a) open space; b) historic preservation; c) affordable housing; and d) land for recreational use, with a minimum of 10% required in each of the first three categories. 'In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. 43 North Andover received matching funds equal to $404,528 or 29.65% in FY13 from the Commonwealth. Legislation is being discussed that will increase the matching funds for municipalities. Article 22: Authorization — Debt for Improvements to the Greater Lawrence Technical School. To see if the Town will vote to approve the indebtedness authorized by the Regional District School Committee of the Greater Lawrence Regional .Vocational-Technical School District for the purpose of paying costs of reconstructing and mal{ing extraordinary HVAC repairs the District High School, located at 57 River Road in And&6t,,and for the payment of all other costs incidental and related thereto (the "Project"), w ich proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, and fot"wkich the District'inay be eligible for a school construction grant from the Massachusetts School Building Authority`("I SBA"), or take any other action relative thereto. Town Manager Board of Selectmen Recommendation Finance Committee Recommendation: " Favorable Action Vote Required: Two=third,(2/3)Votc," EXPLANATION: The Town of North Andover is a member of the GLTS. The school plans on making repairs to their facility in the amount of approximately $6.5 million. The Massachusetts School Building Authority has approved reimbursement of approximately 80% of those repairs;;the balance would be allocated based on enrollment. North Andover represents approximately 1.2% of the Districts total enrollment. Article 23. Transfer Capital;Stabilization. To see if the Town will vote to transfer $213,000 from available 6n s or free cash into the Capital Stabilization Fund, or take any other action:relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Two-third (2/3)Vote 44 EXPLANATION: This article seeks to move funds into the Town's capital savings account, called the Capital Stabilization Fund. This is a fund designed to accumulate amounts for future capital spending purposes. Communities may establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to exceed ten percent of the prior year's tax levy. Any interest shall be added to and become a part of the funds. A two-thirds vote of town meeting is required to establish, amend the purpose of, or appropriate money from the stabilization fund. Article 24: Transfer to Stabilization. To see if the Town'will vote`toltransfer $625,000 from available funds or free cash into the Stabilization Fund, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation:,.,. Finance Committee Recommendation Favorable Action Vote Required: Two-third (2/3) Vote EXPLANATION: This article seeks to move funds into the Town's savings account, called a Stabilization Fund. This is a fund designed to accumulate amounts for future spending purposes, although it may be appropriated for any lawful purpose (MGL Ch. 40 §5B). Communities may establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to exceed ten percent of the prior,year's tax levy. Any interest shall be added to and become a part of the funds. A two-thirds vote of town meeting is required to establish, amend the purpose of, or appropriate money from the stabilization fund. Article 25: Transfer.Overlay Surplus. To see if the Town will vote to transfer from the FY05 Overlay Account into trie``PY09 Overlay Account $86,412.48,pursuant to Massachusetts General Laws Chapter 59, Section 25, or to take any other action relative thereto. Board of Assessors Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action 45 Vote Required: Majority EXPLANATION: This article seeks to transfer funds from one overlay account (FY05) to ` cover a deficit in another overlay account (FY09). Overlay accounts are used to offset real estate and personal property abatements issued by the Board of Assessors. Article 26: Authorize the Acquisition of the Rea's Pond SewerPump Station. To see if the Town will vote to authorize the Board of Selectmen to acquire,;by,gift, purchase, or eminent domain the sewerage pump station and contiguous sewer lilies, manholes, conduits and other appurtenances necessary for the flowage of sewerage and associated with the operation of the sewer system known as the Great Pond Road Pumpm Station by Rea's Pond, including but not limited to all right, title and interest in any easementsas'sociated with said sewer,system, and all right, title and interest to all and every proporty``interest, real or personal, it any manner associated with the sewer system, which are located in the areas shown as `Baseinent1" and "Easement 2" on plan of land entitled"Easement Plaiiy Rea's;P�o d Pumping Station, Great Pond Road, North Andover, Massachusetts,"„-dated March &, 2013; Scale 1” = 50', drawn by Merrill Associates, Inc., Hanover, MA, and to pa no damages for said eminent domain taking, or to take any other action relative thereto." v . Town Manager Board of Selectmen Recommendation: Conservation Comi lion Recommendation: ' > .Favorable Action Vote Requireds; Tw(ohird"(2/3)Vote EXPLANATION: The Town is planning substantial upgrades to an existing sewer pump station at Rae's Pond (see Article 20 above). This town owned pump station is located on an easement previously acquired from the Conservation Commission. This Article is a legal requirement prior to commencing work on said pump station. Article 27: Approve Special Legislation for Easement at Rea's Pond Sewer Pump Station. To see if the Town will vote to authorize the Board of Selectmen to file a petition to the Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the Commonwealth of Massachusetts, or any general or special law to the contrary,the Conservation Commission of the Town of North Andover to grant to the Town of North Andover Board of Selectmen a permanent easement upon the land shown as "Easement 1" and "Easement 2" on Plan entitled "Easement Plan, Rea's Pond Pumping Station, Great Pond Road, North Andover, Massachusetts," dated March 8, 2013, Scale 1" = 50', drawn by Merrill Associates, Inc., 46 Hanover, MA, which land is currently under the care, custody and control of the Conservation Commission, to be used for the use and replacement of the existing sewerage pump station and contiguous sewer lines, manholes, conduits and other appurtenances associated with the operation of the sewer system known as the Great Pond Road pumping station, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Conservation Commission Recommendation: FavorableA"eifion Vote Required: Majority EXPLANATION: See EXPLANATION for Article 26 above. la eal Nn ti w \\ FARM .y,� / xoraia vwmxmxmmn,:,rmiroraxa� � FREN RO AD \aP\\ / Gg iN' n.ix xnm Z'Q E zo a� ,t m�mxx�mxmmxxa,m�smmmx�mx� �,� xm.O m M..mPxW xxxx,, ._� IBI R o AD , i$k!i+i —mmmmx xsw .�6Mmrxm,u,�,m. Let ® C LA%CRLC% Ai a �— r.../ acxlcxe Article 28: Citizen's Petition—Proposed Zoning By-law to Allow the Keening of Backyard Hens. To see if the Town will vote to allow the keeping of backyard chickens as permitted in the attached proposed zoning by-law, which changes language in sections 4.121 and 4.122 — permitted agricultural uses for Residence 1, 2, 3, and 4 Districts. 47 Annotations are provided in italics to explain why each restriction is being proposed, but not intended for inclusion in the final by-law. For Residence 1 District, Residence 2 District, Residence 3 District: Replace 4.121.6(a)with the following language On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any bind or assortment of animals or birds, except chickensbeing kept, harbored, raised, or maintained as accessory to a residential single family structure as defined in 4.121.6(e), in addition to the household pets of a fam,i1y;living on such lot, and for each additional acre of lot size to five (5), the keeping of�Q�e additional,animal or bird but not the keeping of animals, birds, or pets of persons,not resident on such4ot. [Modified to exclude chickens from the current'dnimal restrictions.] Add new language as 4.121.6(e) :;; A single-family residence may keep a maximum of sik,�(6) hens. [This limitation is included to .limit concerns aboutnoise and smell. Six chickens will typically produce 4 eggs a day, enoughfor most families.] For lots of at least (3) acres, a single-4amily residence maykeep a maximum of three (3) hens per acre of lot;side:,-. � [The existing by lawonly allows one hen for each acre ©f lot size greater than three. This language expands the amounts of hens all ed for lots sizes of three acres or more to be more in-line with what we are roposingfi, o lots smaller than three acres.] No roosters shah be,perrmxted �r [Included, due to concerns about noise: Roosters are far noisier than their female counterpar ts, a'i?d not needed for hens to lay eggs.] °%Such residence mustmaintain�a minimum coop area of 4 square feet per hen. fh`is is an animal we fare provision, based on standard poultry husbandry practices and recommendations from,;various humane groups.] The owner;ofthe,hens must live in the residence. [This helps 16,�ensure hens are kept for personal use only; no boarding or renting of coops.] Hens and coops are prohibited from the front yard of a residence, unless screened by a privacy fence of at least seven (7) feet in height. [Included to ensure that the overall character of neighborhoods will not be negatively impacted by the presence of chicken coops visible from the road.] 48 No coop shall be located closer than forty (40) feet from any residential structure occupied by someone other than the hen owner, custodian or keeper. If the owner of the neighboring dwelling consents,however, a waiver shall be granted for this condition. [The intent of this provision is to protect abutters from noise and odor. The average noise level of a flock of chickens (63 dB) recorded at forty feet away is comparable to an average quiet yard (35 dB.) For comparison, a dog bark is typically between 85-100 dB. In regards to odor, chicken litter that is kept dry and properly composted should pose no problem.] The hens shall be secured in a coop from sunset to sunrise,,-,a,, contained in a fenced area on the property when out of the coop. [Included due to concerns about predators attracted Ito.unsecured chickens, and also the destruction of property caused by free-range chickens allowed to roam onto adjacent lots.] x, This use shall meet all current applicable State nor Board of Health regulations regarding the raising of chickens. [Although somewhat unnecessary to include, this language should dispel concern that the keeping of hens poses a health risk. Currently,;rhe ;'C'ommonwealth of Massachusetts requires that all chickens bought.of sold to residents must be certified salmonella-free (MGL Chapter 129, Sec 26B)] ' For Residence 4 District: Replace 4.122.6(b) with th&.`same language that is proposed for'4.121.6(a), as written above. Add new language as`41 122.6(e),the same as which is proposed for 4.121.6(e), as written above. Petition of Hillary J. Stasonis, et al Board.of Selectmen;Recommendation: Planniing Board Recommendation; To be made at Town Meeting Vote Required: Two-third (2�43)'Vote Article 29: Amend Zoning�>'$ylaw — Section 6: Signs and Outdoor Lighting Regulations. To see if the Towrlwill vote to amend the Town of North Andover Zoning Bylaw, Section 6 Signs and Sign Ligli ing"Regulations, Subsection 6.3 Definitions by defining an "Off-Premise Sign" and amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise Signs, or to take any other action relative thereto. 49 Amend Section 6 by adding the underlined language and deleting the marked section to read as follows: SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 6.3 Defmitions • A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of standing without support or attachments. • Accessory Sign - A sign that advertises activities, goods;;,products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. • Animated Sign: Any sign that uses movement or a change oflighting to depict action or create a special effect or scene. • Building Frontage - The length in feet of a ground floor level of a l i lding front or side facing a street (or facing a right-of-way accessible from a street) that'isoccupied by an individual business. >> • Directional Sign - Anon-accessory sign cont a ixtjiig no advertising and giving direction to community (non-commercial) activities, buildings,��'areas, such as churches, schools, playgrounds, museums,historioal�sites,public builds s, etc. Sign not to exceed 12"x30". • Display Window Signs - Tempor' P s on the surface of or inside display windows, lighted only by the general building'illuniviation., • Erect - Shall mean and include,4o,,construct, place relo=cate, enlarge, alter, attach, suspend, and post • Flagpole - A pole/erected on a roof, or projecting from a building or structure or on the ground. • Freestanding Sign - Shall.,, an and include any sign not attached to a building or the ground. • Ground'rSign - Aiiy;sign-erected on the=;ground which is self-supported and anchored to the,ground , • Zlluminated Sign== Illuminated sign shall mean any sign illuminated by electricity or other rtificial light includitng reflective or phosphorescent light and shall include location of source of illumination:;; • Mdrgiaee - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. • Non-Acc`e'ssory Sign,;%Any sign that is not an accessory sign. • Obscene - shall�ha�e the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows: • appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; • depicts or describes sexual conduct in a potentially offensive way; and • lacks serious literary, artistic, or political or scientific value. 50 • Off-Premise Sign - A sign that advertises products or services that are not sold, produced, manufactured or furnished on the property where the sign is located. An outdoor display is an off-premise sign. • Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days. • Primary Sign- The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6. • Projecting Sign - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve,.(1 ) inches from the wall surface of that portion of the building or structure. • Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the tire suppoA on the roof or roof structure. • Secondary Sign - Is a wall, roof, or ground sign.untended for the same use as a primary sign but smaller dimensions and lettering, a&;,allowed in Section 6.6 • Sign - A sign is any structure, mechanically`or electrically driven, still or moving device, light, letter, figure, word, model, banner, pbnnant, trade:�'flag, or representation that is designed to be seen from outside the lot OA*, ch i �rs erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available",either on the property where the sign appears or in some other location. Thedefnition includes electric signs in windows or doors, but does not include window displlays,or merchandise. A sign may be permanent or temporary. • Sign Size (Area) (a). For a sign,.either free standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols,together with the background, whether open or,enclosed, on which theyare displayed but not including any supporting framework andwaeing which arexincidenta16 the display itself. (b). F.or>a sign paipted upon or app el to a building, the area shall be considered to include all lettering,- ording, and accompanying designs or symbols together with any backing of a different color Than the finish material of the building face. (c). Where the sign;consists:of individual letters or symbols attached to or painted on a surface, building, wall,or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. • Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer tliarinsixty(60),,days unless otherwise specifically provided herein. • Wall Sign ny sign affixed to, suspended from or painted on a wall, window, marquee, or parapet 6.5 Prohibitions: • No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign. Internally lit signs are not allowed. • No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. 51 • No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours. • No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police. • No animated, revolving, flashing, or exterior neon sign shall be permitted. • No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the board of Selectmen. • Corner visibility shall not be obstructed. • No sign shall be erected, displayed, or maintained upon any,rock, tree, fence, or utility pole. • No sign shall be erected, displayed, or maintained if it contains any obscene matter. • Flags and insignia of any Government when displayed in connection with commercial promotion. • No sign shall obstruct any means of egress froi&'a building. • Non-accessory signs are prohibited except for?directional signs as allowed in Section 6.6, B. • No signs shall be attached to motor vehicles, trailers or other movable objects regularly or recurrently located for fixed", • No off-premise signs. Board of Selectmen Board of SelectmenRecommendation: Planning Board Recommendation.- To bemade at Town Meeting Vote Required Two-third(2/3)Vote EXPLANATION: This Article will prohibit off-premise signs and would allow the use of projecting signs. The Article also changes the definition of an `off-premise' sign. Article 30: Am erid`Zonink,�Bylaw—Section 8: Supplementary Regulations, Subsection 8.5: Planned ResidentiaAI)evelopments (PRD). To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8 — Supplementary Regulations, Subsection 8.5 — Planned Residential Developments (PRD), Paragraph 7.1) — Dimensional Regulations Subdivisions, in order to specify an allowable height limitation of 35' and to change the bylaw as follows -Height Limitation: W 35' or 2.5 stories or to take any other action relative thereto. 52 i Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-third (2/3) Vote EXPLANATION: This Article will change the height restriction for residential structures that are built as part of a Planned Residential Development(PRD) from 30 feet to 35 feet. Article 31: Amend Zoning Bylaw — Section 8: ,Supplementary kegnlations by adding Subsection 8.11: Wind Facilities. To see if the TbWn will vote to amend the Town of North Andover Zoning Bylaw, by adding Section 8.11 Nind Facilities,in order to all`6wWtime to make the appropriate amendments to the Zoning Bylawto allow the use�,bf Wind Facilities,_ or to take any other action relative thereto. Amend Zoning Bylaw by adding a new.Section 8:1.1 to read'as follows: 8.11.1 Purpose: Provide restrictions that will allow the Town adequate time to consider whether to allow the construction and'opefation of on-site arid-utility-scale wind facilities and to provide standards for the placement,design; construction; irionitoring, modification and removal of wind facilities that address,-,`,public safety,' consideration to impacts on scenic, natural and historic resources of the towri Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: To be made at Town Meeting Vote Required: Two-third (2/3)Vote EXPLANATION: This Article places a moratorium on the installation of wind energy systems until July 1, 2014. The moratorium will allow the Town sufficient time to create a Wind Energy System Zoning Bylaw. Article 32: Amend Zoning Bylaw — Section 8:'Supplementary Regulations by adding Subsection 8.12: Medical Marijuana Treatment,,Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw,.by adding;Section 8.12 Medical Marijuana Treatment Center in order to allow time to make'the appropriate amendments to the Zoning Bylaw to allow the use of Medical Marijuana Treatment Center, or to take any other action relative thereto:. Amend Zoning Bylaw by adding a new Section 8.12 to`read;as,follows: 8.12.1 Purpose: Provide restrictions that will a11'ow the Town adequate time to undertake a planning process to address the potential impacts"of Medical Marijuana Treatment Facilities,to consider the Depart ment,of Public',Health regulations,regarding such Treatment Centers and related uses, to addresstithepotentiol':nnpd-ets of such:Treatment Centers on the town of North Andover and to;adopt new�zomng regulatio'h&Yegarding medical Marijuana Treatment Facilities and related uses:' 8.12 2 Definition: As Medical Marijuana Treatment Center shall mean any medical marijuana treatments center as define&i,wder state law as a Massachusetts not-for-profit entity that acquires, cultivates,p©ssesses, processes(including development of related products such as food, tincture, aerosots�,oils or oinfinents),transfer, transports, sells, distributes dispense or administer marijuana,product,s�,contammg marijuana related supplies or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations. 8.12.3 Interim Restriction: Medical Marijuana Treatment Centers shall not be permitted in any zoning district in the Town of North Andover so long as this Section 8.12 is effective, as set forth in Section 8.13.5 below. Use variances shall be strictly prohibited. 8.12.4 Expiration: The Moratorium shall be in effect through June 30, 2014, so that the Town of North Andover can enact superseding zoning regulations that set forth the allowed locations, dimensional,parking and other requirements applicable to medical marijuana uses. 54 Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-third (2/3)Vote EXPLANATION: This Article places a moratorium on the locating of Medical Marijuana Treatment Facilities until July 1 2014: The moratorium will allow the Town sufficient time to create a Medical Marijuana Treatment Facilities Zoning Bylaw. Article 33: Amend ZoninLy Bylaw — Section 18 Downtown Overlay Distirict, Subsection 18.2: Permitted Uses. To see if the Town will,;vote to amend the Town of;North Andover Zoning Bylaw, Section 18—Downtown Overlay 18.2 PermittedUses, or to take any other action relative thereto. Amend Section 18.2 by adding the following underiniod language'`toxead as follows: SECTION 18 DOWNTOWN OVERLAY DISTRICT 18.2 Permitted Uses The following uses, ses shall be permitted by right int he.powntown Overlay District: 1. General merchandise retail'stoes arid:salesrooms 2. Specialty food stores;retail bakeries and poffees shops 3 Sporting goods stores 4 ,Craft, hobby, book,:and music stores 5 ``Art gallery 6 Hardware stores 7. Convenience stores 8. Drug stores;,,,pharmac eIs 9. Banks 10. Professional offices 11. Medical or dental offices 12. Business services such as copying and mailing services 13. Travel agency 14. Municipal, civic or public service buildings, such as post office,telephone exchanges, town offices, school, library, museum, or place of worship 15. Hall, club,theater, or other place of amusement or assembly 55 16. Food services establishments such as full or limited service restaurants and drinking establishments 17. Indoor amusements 18. Bed and breakfast facility or inn with six (6)rooms or less 19. Multi-family dwelling (24 or less units) 20. Mixed-use structures 21. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. The following uses shall be permitted by special permit in the Downtown Overlay District: 1. Drive-thrus for any of the above allowed uses 2. Free-standing automated teller machine (ATM) 3. Day care center 4. Bed and breakfast facility or inn with moretri six (6)rooms 5. Hotel or motel 6. Funeral homes 7. Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. ft. 8. Public garage 9. Multi-family dwelling (greater thdh24 urilts) Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation To be made at Town Meeting Vote Required: Two-third;(2I3)`Vote EXPLANATION: The change would continue to allow multi-family residences, by right, if they are 24 units or less. If a proposal is greater than 24 units, the project would be subject to receiving a special permit by the Planning Board. Special Permits require a public hearing and are subject to greater scrutiny. Article 34: Approve Zoning Map. To see if the Town will vote to accept as the official Town of North Andover Zoning Map,the Map dated October 25, 2012, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action 56 Vote Required: Two-third (2/3)Vote EXPLANATION: The Town Zoning Map has been updated to reflect all zoning changes approved at all prior Annual Town Meetings. Changes have also been made in order to correctly identify the boundaries of the Zoning Districts. A full-size copy of the Zoning Map is available at North Andover Planning Department or posted on the Town's website (www.townofnorthandover.com) by clicking on `Departments',' `Community Development Division',',and then `Zoning Board of Appeals Department'. y 57 Town of North Andover a Zoning Map i .... ..Llmvrzm,u�kun�., _._ _ _... F` t Y al b $ Y S ! 11 nom, S Jr N"w� s ' r , - 1 � a� I fk 58 Herof 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 22"d day of April in the Year Two Thousand Thirteen. William F. Gordon, Chairman Rosemary Connelly Smedile Donald B Stewart RichardM. Vallancourt Tracy M. Watson SELECTMEN;,OF NORTH ANDOVER And you are directed to serve°.vthis `''Vai-rant by po sting true and attested copies thereof in the Town Office Building and one voting precinct in the Town, said copies to be,,,posted not lesssAan :fo rteei� (, 4),,d' s before the time of said meeting. Constable Date A True Copy Attest—Joyce A. Bradshaw, Town Clerk OFFICER'S RETURN Pursuant to the foregoli "w. ant, I have warned and notified the inhabitants of the Town of North Andover wlto,"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 fourteen (14) days before the date of said meeting. Constable Date 59 APPENDIX A EmmAMERESCO4 Green . Clean . Sustainable Executive The Merrimack Valley Planning Commission(MVPC) t issued a Request for Qualifications(RFQ)to Energy Service Companies(ESCos)to provide for Comprehensive t= Energy Management Services for its member communities. Ameresco submitted a proposal and was subsequently awarded the contract The program utilizes a multiple step design/development process beginning with a preliminary energy assessment Y, (PEA)and followed by refined and detailed Investment Grade Audit(IGA). This IGA is a key step in developing successful energy savings and infrastructure improvement project focusing on the exact needs and desires of the Town. The purpose of the IGA is to analyze and quantify the feasibility of installing certain improvements or energy conservation measures(ECMs)throughout the Town. The IGA will form the basis for the subsequent Energy Services Agreement(ESA)which will enable the design and construction phase. The IGA quantifies how the Town will be able to reduce utility costs nearly$400,000 annually,through the acquisition of just over$4 million dollars in capital improvements,net of projected utility company rebates. This investment however,will not require any up-front capital by the Town. The Town will achieve these improvements via a Performance Contact designed to extract energy inefficiencies in the current utility operating budgets to self-fund the project from future energy savings. Payment will be made over time utilizing Ameresco's guaranteed annual energy savings for security. Table ES.I Total Project Investment: $4,049,027 Utility Rebates: $(274,087) Net ProjbctCost: $3,774,940 Guaranteed Cost Savin ,j�1 ear $375 65 � Town orNotth Andover,Massachusetts ExecutNe summary February 1,.2013 Page 1 60 AMERESCO MEN= Green - Clean . Sustainable Originally,Ameresco performed a preliminary audit(PEA)on forty-four(44)buildings throughout the Town, including(8)school buildings and(36)municipal facilities. The Town's total utility cost for FY 2011 was $2,288,893. After review of the facilities with Town personnel,the Town narrowed down the list to sixteen (16)facilities to focus on in the IGA. The list consists of eight(8)school buildings and eight(8)Town facilities. Facili!�Name Occupied Area(SF) Totes Hall 14,635 SeniorCenter 7,640 Youth Center 14,693 llbiw; 0 DP4t'Headquarters 24,960 Police Station 19,477 Fire Station 1 10.024 Fire station 2 6,101 Atldnson ES 43,900 Franklin ES 4S,350 Kitiredee ES 27,000 North Andover AS 3308,549 North Andover MS 137,455 Annie L Sargent Es ?s,065 Pre-SchoolBugdias 13,110 Thor on ES 41,050 Totals 790,099 As part of the IGA,Ameresco developed an energy baseline for each included facility. The baseline developed for each building is based on fiscal year FY 2011 utility data. The total utility usage was 6,241,761 kWh of electricity,455,420 Therms of natural gas and 9,745 CCF of water and sewer. The total utility cost for these buildings was$1,671,279. Awide-range of energy conservation measures(ECMs)were identified,evaluated,and presented for consideration in the PEA. The comprehensive development process of the IGA included input from Town personnel in order to refine the ECMs and overall scope of the project to match the infrastructure need of the facilities. This IGA outlines and describes 18 distinct ECMs across all facilities as listed in the matrix on the following page. Tov✓n of Atotth AWover Massachusetts Execuih a Summary Peg.2 May 18,22012 61 c n} � w C ut gsama;,a5abta��t `aaj�st�, v r N lilXVFt!!hltfif���la�ll N Pf I,;;��'�pai�alxktlsa! 1hc;'pyt 7� , &Jitea S:A^7x ba.,uminjnBn�.sNi� as erNd�hda� r `� taH$YdAdf{1a1�,u4�1�gi�I4xy4C t _ ii9CAY,a�niyslhatr*�,�i sN F%x t` III % x X. x %r;<r. Al r Ky z � sm � 62 ISM AMERESCO Green.Clean �Surtainable YVtsasrlro"caxs _ 'R6rrate k+"ih.. ,snn� .'tC+�tart. �fsitv`xert, ,'sabin96 l >, 1A Lid16ng 6/stem ImpfoiemenLS_ ,_ 3 .,,BOZ869 S_. __. 495,054 463,507 (4,0782..- - - S 78,234 2 LI fin Cont1 $ 23891 S 'x06487 76086. 1514) - _ $ 22,[98 __....a.omest...._ .. _...n,_. __....___. ._,........_ e-_.. ,. .._._. ...._.,.e.... _�,..,.. 3 Domestic Water ConseN ion $ 57,936`S b7.986 ��881 - 89' S.__12.127 Nes Ei»ryy Mawgement3yetems $ 1,546,804 S 1,M229 205,300_ 117,353 .....!. 5 6o kr Replacement $ _45,836 S 44,836 - 342_ - - S -493 �2 is73 9 1Neathrrizaficn lmymaVemerts_ $_ 110,361 g 11Q361 1276 ti tf15- _ S _17,600 10 ft Hce Overhead CoOB �___ $ 3 02v S 3 O2; - 245 - - 3� 3i3 „' 11 R,apl c RoolWp Unf _ _. $ .167 BI�S 151781 �5622� 48 i S _ ,126 11 H.eQtdoeFUr'Imces $ SU218 S Lri718 1�7 $ eto 13 Vendng MachineC_t,ls ..._ $ 642 5 415.. —.«�._____-,. _ P P4 9 fl�2F 16a Ripe lrsulaton-9are LP5a ACRppn6,any _ $ 103, S I6b PI elnsutaWn-Ado Aterraw h_sugt?C LP,$and GR In S 69464 S 69,484 6345 $ 6614 (/,) `" 18 RcIac Gafclvrlum 4HU $ 3078,5 _, 3078 10 S 24 19 Replace Unt Jenhhbrs ,_. _.,._ $ 31729 S 371,729 ' 20_DDC COnUOIs,E_tPA son $ _302,-217 S 302217 2404 S E ffi7 21 ExlerwrL n Im eementa - - $ 130,426 126,396 81,356 - - $- 12414 D69. 7 i :'->:97a 9 1R.;;: 6Y54 760;&93,77 897"„�`::X63 S;„369:Yi>Y srt NNoM.i�tntlu✓.i,MaisxWS+rva ,.�ct:tds S�m�� y t9,nt i4 AMERESCO Green , Clean - Sustainable Energy Conservation Measures The following ECM descriptions are intended to provide a high level overview. In general the ECMs are designed to deliver many technical,financial,and environmental benefits to the Town that include: • Better learning and working environment for students and staff, • Improved energy efficiency and operation of existing systems; • New energy efficient equipment and systems; • Performance Guarantee of energy savings;and • Reduction of Greenhouse gasses and emissions. ECM 1: Lighting System Improvements Ameresco's in-house lighting experts completed a detailed survey of all the Town's facilities. Ameresco proposes to replace or upgrade 5,311 existing fixtures with state-of-the-art lighting systems which will enhance;the quality;consistency,and color rendering of the lighting throughout the Town,while meeting all applicable codes and standards. s r �- Ameresco standardized the lighting system where practical, .. reducing the number of different products that must be purchased,stocked and maintained. Most fixtures replaced or retrofitted with 4 T8 lamps will receive 28-watt"energy- s�*axre i f � rte;!� {:rises vi47 inxtsrc�e efficient"lamps and ballasts. This premium combination yields uescliertcy.a:cz :«c.OP(-raaing cosrs. maximum energy savings without sacrificing light output or quality. These 28-watt lamps use asuperior mix of phosphors that allow them to consume less energy while matching the light output of standard T8's. The 28-watt lamp also maintains light output better than T12 and typical T8 lamps. Many retrofits will include new reflectors designed to improve fixture efficiency. Some will also receive new acrylic lenses. Certain fixtures that have reached the end of their service life will be replaced. Several hundred Compact Fluorescent Lamps and LED retrofit lamps will be installed in recessed cans,as well as,exit signs not containing LED technology will be replaced with new LED signs with battery backup, thereby ensuring the sign will;illuminate in the event of a power outage and/or generator failure. 'Town bfMORh And—,,W.,—hus ttt EXe Wtv.Summary 4 May 19,2012 page 5 64 AMERESCO Green • Clean • Sustainable ECM 2: Lighting Controls Ameresco proposes to install new lighting controls in the North i Andover buildings to ensure that lighting does not operate unnecessarily. Energy waste occurs when a fixture is energized but not used and when illuminance exceeds what is necessary for task perfomlarice. Ameresco noted many occupants are not careful about turning off lights when they leave the room,making automated controls advantageous. The majority of existing lighting controls are standard toggle style switches but we noted the pre-P Figure 2.1 %ri`:CE1SC.'?Y25<gT bb'3Pit_ah E3tt5ff school was the only building to have existing occupancy sensors. tlae new 1r lits whei not ill a e,paving a_igtiifi.canc—wit of energy. Ameresco will install almost 672 local lighting controls employing a variety of strategies,each of which was customized to the unique space. We selected appropriate areas that contain several controllable fixtures,which have intermittent occupancy,and where a safety hazard will not be created if the sensor inadvertently turns the lights off. Applicable areas include classrooms,offices,baths, the cafeteria,and the library. ECM 3: Domestic Water Conservation f, Mi Ameresco proposes to replace existing standard flow water fixtures at Fire Station 2,Atkinson Elementary School,Franklin Elementary t School,and Kittredge Elementary School with low-flow water %s ? fixtures. This ECM includes replacing existing standard consumption toilets with low consumption models,retrofitting urinals with low consumption flush valves and retrofitting lavatory faucets with low- e, flow aerators. Figrxre s.k:.Bxistiug TrlA;:s at F—ildin �'leexxeratae�$cfsooi. ECM 4: New Energy Management Systems Ameresco proposes to implement or upgrade direct digital control a a OWN wo,(DDC)energy management systems(EMS)at North Andover's s municipal and school buildings. This will unite the heating t ventilating,and air conditioning(HVAC)systems of Town Hall, m ' h x ect the Senior Center,the Youth Center,the Police Station,and all of r the schools into a single monitoring and control system accessible -- :. by authorized users using an Internet browser from anywhere. Ameresco will also equip other municipal buildings with Figure 43.Tike°,,v p '°ff be iaieg,,med ould stPterog, en.4�Te tivitit ease astc tp T"N4�=and betE0, improved,energy-saving,local controls. acecs'iblt 'his 6 d' tropic I,graphical interface p,,wided with the e�paxadecl anal upgraded systent. Town orAtonh Rndamr Massaelrusetts ExecutIva Summary Page 6 I May 18,2012 65 MEN= AMERESCO Green a Clean , Sustainable 4 Ameresco is proposing an"open protocoP'energy management system with Iridium's Niagara Framework. The open protocol specification will allow the Town to connect products from almost any LonWorksTm or BACnet vendor to the proposed system.Future upgrades and expansions can be competitively bid and will not be limited to the products of any one manufacturer.Ameresco has no commercial alliance with any EMS vendor and considers all applicable products. Ameresco believes the Town's interests would be best served with open-protocol EMS architecture. ECM 5: Boiler Replacement Ameresco proposes to replace the 42-year-old boiler and ' appurtenances at Fire Station 2 with a high efficiency boiler. Since j , the apparatus floor was disconnected from the boiler,the boiler became more than twice as large as needed to heat just the living % quarters. That made the modular design a liability,since the boiler's i4 { cast iron construction requires continuous flow through both modules to avoid the thermal shock that would result from 9il intermittent flow. In effect,the idle module becomes a radiator to the outdoors. Another contributor to the inefficiency of the " existing system is the simplicity of controls. When the :'igure 5.1:i si,G ig b oiler;u Fire Sixucan'g. thermostat in the living quarters starts the boiler,the boiler runs at full fire until the supply temperature reaches its operating limit,then stops until the supply temperature drops or the thermostat stops calling for heat ECM 7:Variable Frequency Drives �' ° ` This measure installs variable frequency drives(VFDs)to improve performance and save energy in the Police Station ventilation system and for the heating systems at the Franklin,Thomson,and ,. Middle Schools. The installation of VFDs and controls on these systems will allow them to modulate with varying load more efficiently than the existing methods of control,which will reduce .�w,.. electrical energy and to improve system efficiency. Figure 7.1:Oce van able air ,oh c damper Like ill uex each floor(1�and 22 d)of tLe Police Stadl ai bypass-,s air from supply-re ret"nn as a S1wple way of co-Itrolling the air Pressure 2tT the qus r.. Town ofNerth Andover,Manachowtts Executive Summary c May 10,2012 Pege 7 66 MI AMERESCO EN= Green Clean . Sustainable ECM 8: Replace Steam Traps Ameresco proposes to replace and/or repair steam traps at anumbex m of buildings in the Town of North Andover. This measure will address nearly 200 existing steam traps,and the improvement will r`s: result in energy and maintenance cost savings for the Town. The proposed replacement and/or repair of steam traps will improve the overall steam use and heating system efficiencies. i Failed open steam traps permit steam to enter the condensate plumbing.This wasted steam is then vented through the condensate Figure.9 t:Replasingfaa2ecl weeaan traps receivers. Steam traps that fail in the closed position restrict the flow krill pro%ide the Tomm with more efficient of condensate to the return piping. Leaking steam traps typically go and ixnpr—ed steam dii tri3aution systems. unnoticed because they have little effect on the terminal heating units. Atypical problem report is for a failed closed,or cold,steam trap. This results in a high failure rate for the steam traps in the open position,resulting in substantial steam losses. ECM 9:Weatherization Improvements Outdoor air infiltration can be a significant part of the load on a buildings central heating and cooling systems. There are many sources of infiltration in a buildings exterior envelope that can be considerably reduced with careful weatherstripping and air ; sealing methods. A few of the major sources of infiltration are exterior doors,windows,roofs and roof/wall interfaces. �t r Figure 9.1i.Rcof-cv-afl httersections Like this one atthe_hCkirzsEni..�cli:xilazc cRext a Ameresco proposes to reduce uncontrolled air infiltration at a ;o ee f enft4sz<Yiei number of Town and school buildings. All will receive new door weatherstripping. A few will also receive new air sealing at windows,roof-wall interfaces,exterior wall penetr ations,soffit penetrations,and attic penetrations. Most of the exterior doors in the school and Town buildings have poor weatherstripping, The new weatherstripping will greatly reduce heat loss and increase occupant by reducing drafts. At selected buildings,Ameresco proposes to install low-density foam sealant to the existing unsealed wall penetrations and roof-wall interfaces as outlined below. All of the buildings were surveyed and evaluated,but weatherization was excluded at some buildings due to long payback. Towrt otNOrth ArMOVer Massachusefts ff—M.Smm.,y Page 8 l May 18,2012 67 AMERESCO Greene Clean = Sustainable ECM 10: Replace Overhead Doors The overhead door serving the basement of Fire Station 2 is I I one of the few overhead doors in Town buildings that are not + { it relatively new,heavy-duty,and well-insulated. Ameresco d' proposes to replace the overhead door accessing the ky basement equipment storage area at Fire Station 2. e overhead doors identified in this measure are in very poor condition and have little if any thermal insulating properties. Replacing the identified overhead doors will greatly improve Figure l?.B.uniu cant twit resn lanai l-type the overall thermal properties of the building envelope. ox_e=head door at Fire Station 2. ECM 11:Replace Rooftop Unit When the North Andover Police Station was renovated in 2010,heating and ventilating rooftop unit HV-1 was installed to serve most of the previously unventilated basement. The locker room is equipped with high-security lockers to allow officers to store their weapons between shifts. However,the r } lack of dehumidification or cooling prevents them from doing so during much of the year since the humidity in the ventilation air causes the weapons to rust. Ameresco proposes to replace the existing rooftop unit that Fx e re g t.t:'Me cNi,,ang i oftot unit on the Left prmidea Only heat end d_ntilanon to the tucker serves most of the Police Station basement,including the and exercise ronua,,,which are exhau.8ted by the locker rooms and exercise room. The new unit will provide updraft faax sn the rae do e. badly-needed dehumidification and cooling to this area. It will also help to pay for itself by providing energy recovery ventilation, This solution is superior to simply providing separate cooling and dehumidification to the locker rooms and exercise room,as with ductless mini-split systems or a cooling coil in the supply duct. Those methods would simply add electric and gas energy use,while a unit with energy recovery can provide the added'functions while conserving energy that is presently wasted for a net energy savings. in Town or North Andover,:Massachusetts EzecutMe Summary May 18,2012 page 9 68 AMERESCO4 loss= Green Cleans Sitstainahle ECM 12: Replace Furnaces + l The existing 100,000 Btu/hr,gas-fired furnace at the DPW headquarters dates to the 1991 construction of the building and is at the end of its useful life. It has a thermal efficiency of only about 75%. N'i��.ire:f2:.:fJx-istucgf�:naaee at DPW, Ameresco proposes to replace the existing fixrnace with a 95% efficient furnace to heat the first floor office,conference room, rest rooms and the rear mezzanine office in DPW Headquarters,and create a second zone to control the heat provided to the recently added rear office area. ECM 13:Vending Machine Controls Ameresco proposes to install vending machine controllers on drink and snack vending machines at the Youth Center. Each controller will save energy used by the vending machine during unoccupied It hours,without compromising product quality. The controller will use a sensor to detect when the space is unoccupied and turn off the vending machine. gig-uve OA!Be,,er:ge anii snack mia Nina at ECM 16: Pipe Insulation The Kittredge Elementary School,Atkinson Elementary.School and the original portions of the Franklin Elementary School are heated by steam. Steam and condensate is distributed beneath the i IIII first floors of these buildings through piping in"crawlspaces". p i Originally,the steam and condensate straight piping was insulated , with fiberglass and the piping elbows and joints('intersections'� were insulated with an asbestos containing material(AC M). � a ? Subsequently,the ACM was removed,but the intersections were not re-insulated at Frarildin or Atkinson. All insulation was Fig—,16.1:'1-1i1xc s —V'-awf uao�.r:x•.crdoai will ur in"flarest aorta removed at the Kittredge School.Portions of the straight piping exisi'aag it°ulacio be apgrtdedd,a,in clae insulation remain at Franklin and Atkinson,however,its thickness Adu'n on pipe trench, and support are inadequate. Ameresco proposes to insulate all steam and condensate piping in the basement crawlspaces in the steam heated schools to energy code recommended levels. Uninsulated,or inadequately insulated,steam and condensate piping is the major source of uncontrolled heat gain in these schools and results in their overheating. Town of NorthA�Mov®r,Massachusetts exe tk.summary Page 10 May 18,2012 69 I MMMMF_GreY AMERESCO40 . Clean - Sustainable ECM 18: Replace Cafetorium AHU The Franklin Elementary School's Cafetorium air handling unit and portions of its distribution system are proposed for replacement The air handling units age is over 50 years old, a original to the building. The units cabinet is deteriorated with internal and external corrosion. It has required frequent maintenance,the most recent being fan shaft replacement five years ago.It's air return grilles in the Cafetorium are damaged F'e,�aa rc 18A,The 4:lfetniexesz"I-p C!€sni6.V x: and not providing expected air flow. Ameresco will famish and c,rr ded install a new high-efficiency air handling unit in place of the existing unit,AHU-1,serving the Cafetorium: ECM 19:Replace Unit Ventilators Kittredge Elementary School(KES),Atkinson Elementary _ 9 School(AES)and Franklin Elementary School(FES)are North I Andover's oldest school buildings. Many instances of the original heating equipment in these schools remain in service. t S This equipment includes the heating and ventilation equipment ul � . classrooms(classroom unit ventilators)and heating equipment in ' storage spaces and public areas(finned tube radiation and cabinet unit heaters). This equipment is capable of a relatively long dgze r:n a t'%cc ez h¢o,xgin�a ct ass>oom ez iz uenailacor,st Is¢rr u .vai6l be rc k eec§. service life with ongoing component replacements and maintenance. However,the oldest instances of this equipment; such as the unit ventilators in the original eight classrooms at Kittredge,are obsolete. Obsolescence means that component parts are unavailable,or available only as a special order at high cost In other cases,heating and ventilating equipment has been chronically troublesome such as the kitchen unit ventilator and cabinet unit heaters at Atkinson,or dysfunctional for a substantial period of time such as the horizontal unit ventilator that serves the Art Room at Atkinson. Ameresco proposes to replace,repair or install new heating and ventilating equipment in the steam heated elementary schools,Atkinson,Kittredge and Franklin.The scope includes replacement of selected unit ventilators,the addition of new heating and ventilation equipment in spaces which have been converted to classrooms from previously unoccupied uses and the repair of recessed cabinet unit heaters. This renovation replaces obsolete,chronically problematic or dysfunctional units that will improve the environment for the occupants and satisfy the building code requirement for ventilation. Town of North Andover,Afamchnsetts £xecutloe Summary May 18,2012 Peg.11 70 AMERESCO w Greene Clean < Sustainable ECM 20: DDC Controls Expansion Ameresco proposes to add additional direct digital controls(DDC) for the Sargent Elementary School and Thomson Elementary School. The scope includes the installation of DDC for heating ventilating and air-conditioning terminal unit equipment that is �.1 beyond the scope of ECM 4. This equipment primarily includes classroom unit ventilators(UVs),but also finned tube radiation spy } (M)(baseboard)heating,reheat coils inducts(RHCs)and other miscellaneous equipment Pneumatic control equipment would be eliminated for these terminal units;pneumatic rehabilitation work for these terminal units described under ECM 4 would be eliminated by the implementation of this measure. Additionally, �i •,a4' zone temperature sensors included in the scope of work of ECM 4 &+d�ease 26.t:Pae c.tee�ar`ccastr-�4s uva!& would be eliminated for these schools. be replaced by DDC ar the Tfln—soya :wvlaoai. The benefits of extending DDC to classrooms and other zones include: • Accurate and persistent control:once commissioned,DDC equipment preforms control functions more accurately over a longer duration; • Remote access:remotely accessible control at the classroom improves diagnostics,and allows unoccupied reset,occupied override,and ventilation control at the classroom, • Leveraging of skilled individuals across multiple buildings:because of remote access,trained operators will be able to respond quickly to comfort complaints and make manual adjustments as needed without the need for a site visit; • Consistency of the standard of service policies:e.g.an allowed range of set points could be established on the school basis and occupants could be allowed a consistent temperature range; • Documentation of zone conditions,including temperature and ventilation(CO2)histories; • Improved energy savings through demand ventilation and greater flexibility with unoccupied temperature reset override. Towrt otNorth ArMover,ft4assachusefts Executive Summary Pnge 12 May 18,2012 71 AMERESCO a Green Clean m Sustainable ECM 21: Exterior Lighting Improvements Ameresco will replace or upgrade approximately 173 Y exterior fixtures that will reduce energy use and enhance r the quality of lighting. Metal Halide(NEF)and High I Pressure Sodium(HPS)fixtures with standard magnetic ballasts,as well as,Compact Fluorescents and Incandescent F e E lamps will be replaced or retrofit with the latest technology a , LED exterior fixtures. These evolving lighting ` x technologies offer vastly improved product lifetimes and t i «eLi.i:Estrior lighting g stems u ll he rerrlacec(.. provide optimum light levels wherever they are needed. Where HPS lamps exist the change from"yellow"to "white"light will make the exterior appear much brighter. Summary Ameresco has presented a complete and comprehensive IGA that addresses the needs of the Town and provides realistic solutions. The ECMs identified present very viable and needed solutions for the continued effective operations of the Town and School facilities. The final accepted IGA will form the basis for the scope-of-work under the subsequent ESA,whereby Ameresco will provide design,acquisition,installation, modification,commissioning and training for the ECMs as presented herein. This is an important project for the Town and one that requires an Energy Services Company(ESCo)with significant expertise. The Ameresco team has extensive experience with Performance Contracting projects in the Merrimack Valley,throughout the Commonwealth and North America. We have the proven commitment,experience,resources,technical expertise and financial capability out of our corporate headquarters in nearby Framingham,to successfully execute this project over the full contract term. We are ready and eager to begin implementation so that the Town may secure current low cost financing and realize the overall benefit of improved facilities within the next 12 months. Tow rNodhRndove;Massachusetts ExecutNe Summary May 18,2012 Page 13 72 r: �i v 73 PLEASE BRING THIS BOOKLET WITH YOU TO TOWN MEETING!! q � f : TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING £ TUESDAY, MAY 219 2013 7:OOPM NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET � 4 5 1 Z } #" f } .�.,,.n,..x°,' en B• f d d,P y(f r4 t F'{r 3 S}9"p£ "' t !t j i�� . .� �•`�' ae„z �nsbs ash d` S sk aI�, ' '�' ��� ; �� ��... 'r&, p`��` �'n F r'y� tii S#H1f&t�IS��'�E3 &P��3tt9.$��d�@➢133b'�s't��Px1 f��E lo�.��=� 1E` [ Y Details on logistics and updated information will be posted on the Town's website ,at www.townofnortfi ndover.com, on the North Andover Cable Channel `,and in our local newspapers. If you need 'any�specialt"accommodations for the meeting please call the Town Clerk's office at 97$,=688-9502. Please participate in this very important meeting! 74 Summary of Proposals for Purchase/Development of Former Bradstreet School Property Retain Proposal Score Price Funding Sources Commercial Office Residential Parking Bldg Bldgs Comments 6-2 BR Apts Oal<grove Residential, Private equity 6000 SF Maintain existing building for residential;build 169 $250,000 N/A 4-3 BR Apts 49 Yes 3 Inc Permanent debt 4000 SF(future) 5-Apts(future) two new buildings along Main St for commercial Heartstone Realty Private equity 15-2 BR Flats Maintain existing building for residential;build Corporation-Option 1 165 $300,000 Permanent debt 8000 SF 6500 SF 6-1 BR Flats 52 Yes 2 new building along Main St for commercial& Local agencies office Heartstone Realty Private equity 16-Town Houses Build new building along Saunders St for Corporation-Option 2 165 $300,000 Permanent debt 9600 SF N/A 4-2 BR Flats 57 No 2 residential;build new building along Main St for 2-1 BR Flats commercial&residential Heartstone Realty Private equity 6-Town Houses Build new building along Saunders St for Corporation-Option 3 165 $300,000 Permanent debt 9500 SF 8300 SF 4-2 BR Flats 52 No 2 residential;build new building along Main St for 2-1 BR Flats commercial&office Heartstone Realty Private equity Build new building along Main St for commercial 165 $300,000 10000 SF 8000 SF N/A 80 No 1 Corporation-Option 4 Permanent debt &office Private equity 5-Apts Maintain existing building for artist studios, RCG LLC 159 $1 Permanent debt 8000 SF unk 4-Townhouses 52 Yes 3 commercial&residential;build two new buildings (future) along Main St for commercial Private equity 62+yrs of age Coalition for a Better 157 $300,000 Permanent debt 6000 SF N/A 30-2 BR Apts 52 No 1 Build new building along Main St for commercial Acre Subordinate debt &residential Local agencies 4-1 BR Apts Water Street Retail,LLC 96 $351,000 Permanent debt 10780 SF total N/A 80 No 1 Build new building in center of property for commercial&office Job PostingNacancy Log April 17, 2013 Date Posted Position Department Hiring Status Manager 4/3/13 On Call Community C. Darby Interviews scheduled for week of April 15`'. Posted Recording Preservation on town web site. Secretary Committee 3/28/13 Police Officers Police Chief Requisition opened with civil service. 2 Full time Gallagher 10/11/12 Reserve Police Police Chief Physical Ability test results pending. Officer Gallagher Pre-employment physicals were completed earlier 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 4/17/2013 9:44 AM