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Home My WebLink About2011-05-09 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NoRT#1 Daniel P. Lanen,Chairman William F. Gordon p TEL. (978)688-9510 Rosemary Connelly Smedile * a* FAX(978)688-9556 Donald B. Stewart Tracy M. Watson 9SSACHUSE� BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA May 9,2011 7:00 P.M.Executive Session,7:30 P.M. Open Session TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. EXECUTIVE SESSION A. Negotiations with Non-Union Employees B. Executive Session Minutes Review III RECOVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. Open Session Minutes of April 12, 2011, as written B. Open Session Minutes of April 25, 2011, as written V. COMMUNICATIONS AND ANNOUNCEMENTS VI. CONSENT ITEMS A. Frank Romano of The Museum of Printing requesting permission to hold Annual Printing Arts Fair on Sunday, June 19, 2011 from 10:00 a.m. to 4:00 p.m. VII. LICENSING COMMISSIONERS A. Valley Coach of North Andover—Livery License,407 Mass Ave. Mark Walsh B. Common Victualler License,Entertainment License —"A Haute Dish Cafe"Jennifer Broberg C. Merrimack College requests a One-Day Wine and Malt License on May 16, 2011 D. Yente, LLC, 1503 Osgood Street, Change of Manager VIII. OLD BUSINESS A. Preparation for Annual Town Meeting: June 7,2011 B. Recruitment of Permanent Police Chief IV. NEW BUSINESS X. TOWN MANAGER'S REPORT XI. PUBLIC COMMENT XII. ADJOURNMENT BOARD OF SELECTMEN MINUTES APRIL 12, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of April 4, 2011, as written. Vote approved 5-0. 'E COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT.! Human Resources Director The Town Manager introduced the newly hired Human Resources Director Cathy Darby to the Board. <�f? I� I !I i� Board Committee Assignments ` Former Selectmen Richard Nardella was chairman of two conm`mittees, the Facilities Master Planning Committee and the Audit Committee. The Board was asked to make recommendations on hisIreplacement. , Rosemary Smedile made a MOTION, seconded by Tra8j Watson, to re-appoint Richard;Nardella to continue as a member of the Facilities Master Planning Committee. Vote{approved;& 0 1 �' , { , William Gordon made a MOTION, seconded(byjRosemary Smedile1i6 appoint Tracy Watson to be a liaison t, member of the Facilities Master Planning Comrmittee Vote approve:;5-0. ICE 't `''t,,, Rosemary Smedile made a MOTION, seconde& Donald Stewart, to appoint William Gordon to be a member of the Audit Committee. Vote approved 5,-0. s William Gordon resigned from;the Sustairi6bility Committee ' �`IPk Rosemary Smedile made a MOTION, seconded by Trac'l tson, to appoint Donald Stewart to the Sustainability Committee. Vote approved 5-0 ,f s � r ,t [hI�I as , a � Karin Rhotin amember of�the Audit Committee suggested that the Board consider expanding the Audit Committee'frb m a three member�bcard to 4 five member t',card. This allows for more fair and just decisions. Announcement ' ;jjj, Rosemary Smedile announced that the;Economic$Development Council would be holding a meeting on Thursday, April 14, 2011, at 2:w J m. to meet Restaurant owners in town. , I CONSENT ITEMS: # { Use of Town common— BroO�g(Scho01;, May 26, 2011 Associate Head of Brooks Schooi John°Quirk is requesting to use the Town Common on May 26, 2011 for the graduating class to have its photograph taken in front of the Phillips Brooks Statue. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to grant permission to Brooks School to use the Town Common on May 26, 2011, for its traditional photograph of the graduating class in front of the Phillips Brooks Statue. Vote approved 5-0. OLD BUSINESS: Vote/Review General Fund Budget The Town Manager presented possible changes to the FY12 General Fund Budget. This is an ongoing process and the Board would have to make a recommendation at Town Meeting. The Annual Town Warrant would be signed by the Board at their next meeting on April 25, 2011. The Town Manager introduced members of the Health Department to discuss a proposed Housing Inspection Program. Board of Selectmen Minutes April 12, 2011 2 Selectmen Watson, Smedile and Stewart have rental properties and did not want to discuss this program because of a conflict of interest. Note: Tracy Watson, Rosemary Smedile and Donald Stewart recused from this discussion. Subsequently the Chairman stated that they should return under the Rule of Necessity for debate, therefore they returned to the discussion. Board of Health Chairman Dr. Thomas Trowbridge and Director Susan Sawyer were present to introduce a new proactive regulation inspection program for rental housing that if approved would be implemented on July 1, 2011. This program would be run by the Board of Health with current employees adding additional hours to one position and an upgrade for another current position. Projected revenue for FY12 was at$21,000 that would support these positions. The Selectmen were asked to support this program and approve the$21,000. Resident and property owner Joseph Levis said that he owns property in Lawrence and Methuen and he pays an occupancy permit fee every time there is a vacancy to get a certificate of occupancy. Selectmen did not vote on this at this time and had to have more information. Vote/Review Capital Improvement Budget The Town Manager asked the Board to vote their recommendations of the following Capital Improvement items such as Internet Telephone System, Fire Alarm Boxes, and Police Parking Lot and Exterior Lighting. Tracy Watson made a MOTION, seconded by William Gordon, to vote Favorable Action on the Internet Telephone System. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to remove from the Fire Alarm CIP project the following: 12, Bradstreet School; 13, NA Thrift Shop; and 14, Carl Thomas Hut. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on the Fire Alarm CIP project 1, High School; 2, Middle School, 3, Kittredge School; 4, Atkinson School; 5, Franklin School; 6, Thomson School; 7, Annie Sargent School; 8 Police Station; 9, Public Works; 10, Stevens Memorial Library; and 11, Water Treatment Plant. Vote approved 4-1. Daniel Lanen opposed. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on the Police Station parking lot CIP project for$95,000. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, to vote Favorable Action on the Police Station exterior lighting CIP project for$30,000. Vote approved 4-1. William Gordon opposed. Recommendations on Town Meetinq Articles Article 16: Meals Tax(citizen petition) Citizen Petitioner Rebecca Abbott of 50 Blueberry Hill Lane gave a power point presentation of the potential revenue for the Town if North Andover adopted the meals tax. This is a minimal cost to residents that eat at local restaurants in town and 100% of the funds come back to the town. Most of the cities and towns in the Merrimack Valley had adopted the local meals tax in 2010 and are already benefiting from the increased revenues. After a discussion the Board was split on a decision of implementing another tax for North Andover residents even if it was a minimal tax. Selectmen stated that this would be brought to Town Meeting for the residents to decide. Donald Stewart made a MOTION, seconded by William Gordon, to take NO ACTION on Article 16, Accept MGL Chap. 64L, Sec. 2 (a), to impose a local meals excise tax. Vote failed 1-4. Rosemary Smedile, Tracy Watson, Daniel Lanen and William Gordon opposed. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to vote Unfavorable Action on Article 16, Accept MGL Chap. 64L, Sec. 2 (a), to impose a local meals excise tax. Vote approved 4-1. William Gordon opposed. Board of Selectmen Minutes April 12, 2011 3 Article 17: Proposition 2% Override (citizen petition) Citizen Petitioner Robert Ercolini of 195 Bridle Path Road gave a presentation of a Proposition 2'/Override to fund School Department labor contracts at$2 million, Group Insurance Post Retirement Health Insurance Benefits at$7.5 million, and Pension Benefits at$2.2 million and Other Post Retirement Benefits, Special Reserve Fund at$300,000. Mr. Ercolini spoke about the rising cost of post retirement health insurance and pension benefits that have been unfunded for years and this would escalate in the years to come. The Town has to start planning to fund this now or it would bankrupt the town in the future. Mr. Ercolini commented that the Town would not be able to fund the School labor contracts in the years ahead without cutting services within the School Department. Mr. Ercolini intends to file a claim in Superior Court as to why the 1993 Legislature Act took the power and authority away from a municipality at a Town Meeting to reject a School Labor Contract. This act would not cost the Town anything because he intends to fund this himself. Article 23: Transfer funds from Health Department Revolving Account This article was put on hold until the next meeting. Article 28: Amend North Andover Zoning Bylaw-Section 4.122.14 Residence 4 District(Permitted Uses). Citizen Petitioner Charles Foster of 16A Margate Road asked the Board to consider voting in favor of amending a bylaw regarding 2-family homes that were voted as non-conforming at the 2004 Town Meeting. Mr. Foster would like to see if the Town will vote to amend the Zoning bylaw by deleting the existing Section 4.122.14A and Section 4.1228 and replacing them with the following: Dwelling Types: a) one family dwellings and existinq two family dwellings. b)Additional two family dwelling delete shall require and change to by Special Permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14D of this Bylaw. This change in the bylaw would allow owners of existing two-family dwellings to be exempt from special permits and additional cost of$2,000 to $3,000 for improvements made on their properties. Articles 29 & 30: CPA projects Chairman of the Community Preservation Committee John Simons was in attendance to give an overview report of the current and proposed projects using CPA funds. Article 40: Bunker Hill Street Article 40: Authority to Sell or Lease Town Owned Land A title search was done for the"paper street' portion of Bunker Hill Street, from the intersection of Concord Street to Wayne Street. This confirmed that the street area has never been conveyed to the town, and has not been accepted by the town as a public way. This means that the abutters to the street area each own an interest in the street, to the middle of the street in front of their lot. Therefore, the Town does not own the entire area, and can only dispose of the limited interest that it does own. Donald Stewart made a MOTION, seconded by William Gordon, to vote Favorable Action on Article 40:Authority to Sell or Lease Town Owned Land. Vote approved 5-0. ADJOURNMENT: William Gordon made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 10:40 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES APRIL 25, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman;William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE i Changes to the Agenda The Town Manager announced that there would be three changes to the€agenda as follows: the Ad Hoc Committee report has been TABLED; adding an item under Consent,Items, Approval for Police Department State 9-1-1 Grant; and a continued extension for Licensing Public,Hearng for Millennium Eatery, Inc. APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Donald Stewart;yfo approveithe Open Session Minutes of April 15, 2011, as written. Vote approved 4-0-1. Daniel Lanenabstained. „ COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: r Fire Chief Accreditation Fire Chief Andrew Melnikas has recently received accreditation througfithe Massachusetts Fire Services Commission for having met requirements based on education�trainIng�"and experience �! � r i(fd tiJ The Board commended Chief Melnikas and recognized him for his i I achievement. Arbor Day Proclamation ii� The Town of North Andover is planning an Arbor ay celebration on the tro lawn of the Steven's Memorial S da F � _�_ � i Ef I Library at the corner of Maip a diGr e a Street a i�1�0:00 a rn=on Thursday,April 28, 2011, by planting a tree on the grounds of the Steuens>Memonal ,t�ibrary. Theq Bar :,uvill presont a Proclamation in honor of Arbor Day. , CONSENT ITEMS: Request for Use of Town Common Festival,CommitteeHll, � ±+a The Festival Comittee is requestingiluse of m thei own Common on Sunday, May 22, 2011 from 6:00 a.m. to 6:00 p.m forlih`4 6166 661 Sleep Shearing Festivals Tph ey are also asking for temporary road closures on Massachusetts Avenue from,1 Osgood Street to Academy oad and designated handicap parking spaces on Osgood Street,. wll Tracy Watson inad;e a MOTION, seconded by Donald Stewart, to grant an event permit to the Festival gag � l F dRr' y, May 22, 2011 from 6:00 a.m. to 6:00 p.m. for the annual Committee for use,o the Town Common on Sunda Sheep Shearing Fetivb1land to allow,for Massachusetts Avenue be temporarily closed to traffic from Osgood Street to Academy Road�f�oln 7:00 a m�.ito 6:00 p.m. and to designate handicap parking spaces on Osgood Street. Vote approved 5-0 'E E . i ,E Acceptance of Donation—SenidrFCenter Northside Carting has donated $500 to the Senior Center to use at their discretion Rosemary Smedile made a MOTION, seconded by Donald Stewart, to accept a $500 donation from Northside Carting to the Senior Center and to direct the Town Manager to send the donor a letter thanking them for their generous donation. Vote approved 5-0. Note: Daniel Lanen recused State 9-1-1 Grant The Police Department was just awarded a State 9-1-1 Grant for$65,693. The period of the grant is from April 25, 2011 to June 30, 2011, which means that all items requested under the grant must be purchased, received and installed prior to June 30, 2011. The Board is requested to approve this grant. Board of Selectmen Minutes 2 Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the State 9-1-1 Grant for$65,693 for the North Andover Police Department. Vote approved 4-0 Note Daniel Lanen returned PUBLIC HEARING Carter Field Road Layout Tracy Watson made a MOTION, seconded by William Gordon, to open the Public Hearing. Vote approved 5-0. Prior to acceptance of a street at Town Meeting, the Board of Selectmen conducted a "layout' hearing of the street. Town Counsel, Conservation Commission, Planning Board and Public Works have all recommended that the road be laid out by the Board and then accepted by Town Meeting. This acceptance also conveys the soccer fields built by the developer to the Town. The Board discussed this and asked if there was any public comment and input from the developer. Tracy Watson made a MOTION, seconded by William Gordon, to close the Public Hearing. Tracy Watson made a MOTION, seconded by Donald Stewart to accept and declare that public necessity and convenience require the aforesaid way to be laid out and do hereby order and direct that said way be laid out as shown on a plan of land entitled "Street Layout Plan, Carter Field Subdivision and to vote Favorable Action on Article 39 Roadway Acceptance Carter Field Road on the Town Warrant. Vote approved 5-0. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 5-0. The Town Manager said that the attorney for the New Beijing Restaurant Millennium Eatery, Inc. requested a continuation Public Hearing at a later date. The Town Manager asked the Board to consider continuing the Public Hearing on Monday, May 2, 2011 at 7:00 p.m. The Board agreed to meet on Monday, May 2, 2011 at 7:00 pm. Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 5-0. Note: Daniel Lanen and Rosemary Smedile recused NEW BUSINESS: Appointment of Interim Police Chief William Gordon acting as Chairman of the Board said that the Board would be discussing the interim police chief and the process of how this will progress. Ten candidates submitted their resumes for consideration of becoming the Interim Police Chief. The Board had been briefed by Labor Counsel with a process to conduct the selection and interviews. The Board has reviewed the resumes and has narrowed it down to two lieutenants. Tracy Watson made a MOTION, seconded by Donald Stewart, to limit the interim police chief to two current police lieutenants for selection as finalist. Vote approved 3-0. The two police lieutenants will be notified and interviewed on Friday, April 29, 2011 at 4:00 p.m. The Town Manager said that the process for selecting a Permanent Police Chief is the following: Request for Proposals are due in on Wednesday, May 4, 2011. Once the selected Assessment Center is notified of the award, they should submit the project contract within two weeks and complete the project within forty-five days. The Town should have an Appointed Police Chief by the end of this summer. Note: Daniel Lanen and Rosemary Smedile returned Board of Selectmen Minutes 3 Stevens Pond User Fees Director of Youth and Recreation Services Rick Gorman gave an updated report on all the Stevens Pond renovations, weed removal, and seasonal programs. As a result of all of this and a hot summer in year 2010, Mr. Gorman said it was the best season ever and brought in more revenue than expected. Mr. Gorman recommended that the fees remain the same as last year. 2011 User Fees are the following: Season Car Pass $ 75.00 Swimming Lessons $ 50.00 Daily Adult Pass $ 12.00 Season Pass Non-Profit $150.00 Season Pass for Profit $250.00 Additional Sticker $ 20.00 Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the recommended 2011 year fees for Stevens Pond. Vote approved 5-0. Constellation Energy Contract Assistant Town Manager Ray Santilli gave the Board a summary of the Constellation Energy Contract. This contract pertains to an emergency generator at the Water Treatment Plant during extreme peak energy needs. The Water Treatment Plant would go"off line" of the electrical grid and activate their emergency generator. As a result, the Water Treatment Plant would be paid a monthly stipend to be available and then extra revenue during such an event. i OLD BUSINESS: Review/Vote Amendments to FYI General Fund and Stevens Estate Budgets: Warrant Article 10 The Town Manager provided updated information regarding the FYI general fund budget line items to fund the snow/ice deficit and requested the Board to approve his recommendations for Article 10 Amend General Fund Appropriation for Fiscal Year 2011. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article 10 Amend General Fund Appropriation for Fiscal Year 2011. Vote approved 5-0. Review/Vote of Article 11: Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FY2011 The Town Manager provided updated information for the Stevens Estate Enterprise Fund and requested the Board to vote on Article 11. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article 11 Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FY2011. Vote approved 5-0. Review/Vote of FY12 General Fund Budget The Town Manager gave the Board a proposed revision to the budget with increases in revenues and decreases in expenses on various line items at a net change of$311,729, these changes would provide an additional$214,283 to the School Department and $97,446 to the Municipal Departments, also a transfer from Youth Services Revolving Account of$40,000 for a total of$137,446 to allow for the restoration of personnel cuts in Youth Services, Elder Services, the Library and a partial public works position. Selectmen really wanted to fully fund the public works position and asked the Town Manager if there was any other line item that could be reduced. The Town Manager has increased the Snow and Ice budget for FY12 to insure enough funds due to the rough winter that the Town has gone through in FYI 1. The Town Manager suggested reducing the Snow and Ice budget$22,500 to fund this position and to revisit this next winter. William Gordon made a MOTION, seconded by Donald Stewart, to AMEND the FY12 General Fund Budget by reducing the Snow and Ice line item by$22,500 and increasing Public Works by$22,500. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the Information Technology Budget. Vote approved 5-0. Board of Selectmen Minutes 4 Recommendations on Town Meeting Articles The Board made further recommendations on the following warrant articles; William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article#8. Establishment of Revolving Funds. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article#10 Amend General Fund Appropriation for FY11. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article#11 Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FYI 1. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote To Be Made at Town Meeting on Article#19 Establishment of Special Stabilization Fund: Reserve for Future Payroll. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote To Be Made at Town Meeting on Article#20 Transfer of Funds into Other Post Employment Benefits Liability Trust Fund. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote No Action on Article#21 Transfer of Funds into Stabilization Fund. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote No Action on Article#22 Appropriate Funds to Elder Services Department to Fund Personnel. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to vote To Be Made at Town Meeting on Article#23 Authorization to Transfer Funds from the Health Department Food Consultants Revolving Account to the Board of Health. Vote approved 5-0. Hold on Article#28. Tracy Watson made a MOTION, seconded by William Gordon, to vote Favorable Action on Article#29 Report of the CPA Committee and Appropriation from the Community Preservation Fund. Vote approved 5-0. Delete Article#30 The Article numbering will change going forward. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#31 now Article#30 Petition the General Court: Special Act to Exempt the Town of North Andover from portions of the Prevailing Wage Act. . Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote Unfavorable Action on Previous#36 now Article#35. Amend the Town By Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries. No Vote and William Gordon rescinded his vote. Tracy Watson made a MOTION, seconded by William Gordon, to vote Unfavorable Action on Article #35. Amend the Town By Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries. Vote failed 2-3. Rosemary Smedile, Daniel Lanen and Donald Stewart opposed. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to vote Favorable Action on Article#35. Amend the Town By Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries. Vote approved 3-2. William Gordon and Tracy Watson opposed. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#38 now Article#37 Amend Chapter 69 of the General Bylaws—Fire Alarms. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, to vote Favorable Action on Previous#39 now Article#38 Road Way Acceptance: Carter Field Road. Vote approved 5-0. Board of Selectmen Minutes 5 William Gordon made a MOTION, seconded by Tracy Watson, to vote that the Town's interests in the way or paper street portion of the property known as Bunkerhill Street, which is appurtenant to the Town's ownership interest in the property as 200-203 Bunkerhill Street, shown on Assessors Map 84, Parcel 14 are no longer needed for general municipal purposes. Vote approved 5-0 William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#40 now Article#39 Authority to Sell or Lease Town Owned Land. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote that the two town owned parcels located on Berry Street, shown as Lot 12 and Lot 62 on Assessors' Map 108C and also shown as Lot 1-E containing 3.1 acres more or less and Lot 2-E containing 3.01 acres more or less on a Plan of Land recorded with North Essex Registry of Deeds as Plan Number 10082 are no longer needed for general municipal purposes and may be transferred to the care, custody and control of the North Andover Conservation Commission. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#41 now Article#40 Placement of conservation restriction on Town owned land. Vote approved 5-0. Town Meeting Warrant Signing The Board was requested to vote and to sign the Annual Town Warrant. Donald Stewart made a MOTION, seconded by William Gordon, to approve and sign the Annual Town Warrant. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Manager will be attending a meeting in Boston for the Suburban Coalition on Tuesday, April 26, 2011, to discuss health insurance. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board Dq , April 23, 2011 Mark Rees Town.Manager 0, "CE OF T. WN MANAGER w 120 Main Street North Andover, MA 01845 j Dear Mark II On Sunday, June 19", from l0am to 4pm, the Museum of Printing will hold its 8t' annual Printing Auks 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 2010, mostly locally but also from all over New England. Our new exhibition covers the history of Chinese printing which includes rare artifacts. 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. Thank you for your consideration. Iral i L /Frank Romano President 800 Massachusetts Avenue,North Andover, MA 01845 www.museunaofpf°inting.org TOWN OF NORTH ANDOVER,MASSACHUSETTS APPLICATION FOR RESERVATION OF THE GRASS OR PAVED AREAS OF THE TOWN COMMON OR TOWN WAY Information contained on this form is public information Name of Sponsoring Organization: PC'f)4 1 110- Address of Sponsoring Organization: Sob V Ave NorLb, -A 5o Phone o4 , Reservation Requested by:_ Title: Onas I Gl-(o) .......... Address:—it A\ie ...... /\J H 0 3 07 41 Phone# Email .(-e- 1AQ----------- w)c,( Motor Vehicle Driver's License Number(06(�0 it 4- State H Specific Location on Common Requested A_\ C...................... ...... Alternate Location: t\j LA ........................... Description of Activity/Display(Please be Spccific): __e4--h /Aft0-U-a Pr I y41,na A r�,'s- ra i r ...................... .............. Set-up Date:_-6--- 9 am i Date Time Begin Time End Event/Display Date/Hours: 6 h o n vy) Date Time Begin Time!End Clean-up Date: 4pvv) !=:,;v)i w Da Tim�d Begin Time!End CONTINUE ON BACK ADDITIONAL INFORMATION I List of responsible individuals and time they will hebocharge: 2. What is your plan for clean-up of the area immediately uponuonohoxkmofthucvont? 3. Number of people anticipated iii connection with the event/display �� 4. VVU|food buserved? \,��/ |�o (p|ouanc�nloonc) &]f) �� ^�u/N� A/I)/��0r�`� ~—~ ''� _ ~- |- \� 5. Electricity required? Yes /0 (please circle one) 6. Do you intent Vm erect u tent nrshelter? Yes /(mg/ (please circle one) � In addition,the applicant agrees that the use of sound equipment will be reduced or eliminated upon the request of the North Andover Police Department. kJ l ' .� ��U0�m -ec W OFFICE USE ONLY Date/Tinie Received 8 have read the attached Rules&Orders Regulating the Towt Coint and agree to Reservation abide Date Reservation Confirmed x kl, � P-n Applicant Sidnature:'— APPROVED 7i Superintendent of Date Con innNimnLeUu Public Works cc: Board ofSelectmen APPROVED Health Department Chief of Police Date Building Department Police Department Vehicles are PROHIBITED on the Common without prior permission from the Department of Public Works. � � POLICE _ 3. ! D E E A R T M E N T "Community Partnership" To: Adele Johnson, Administrative Secretary From: Lt. John Carney RE: Printing Museum Date: April 27, 2011 The Police Department recommends favorable action on the request from Frank Romano to host their annual Printing Art Fair on June 19, 2011 and close Mass. Ave. from 10 AM to 4 PM. We will work with them directly to assure that the proper road safety precautions are taken. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-1212 NORTFI O p � i 4 ��SSHG HUS��y INTEROFFICE MEMORANDUM DATE: 4/27/11 TO: Adele Johnson, Administrative Secretary FROM Bruce Thibodeau, Director of Public Works CC: RE Annual Printing Arts Fair The Division of Public Works has no objection to the request from Frank Romano, of the Museum of Printing to hold its annual Printing Arts Fair on Sunday, June 19th from loam to 4pm. If they need any assistance from the DPW, please have them contact my office TOWN OF NORTH ANDOVER Fire Department Central Fire 1 leadquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, N/lASSACHUSETTS 01845 ORTFI Andrew Melnikas O N". Ftt Mb Ah Fire Chief of �0 telephone (978) 688-959; p FAX (978) 688-9594 Lt. F. McCarthy ' ^q . ,> pOa�r,o,r"�° 5 aiilehlikas�l to\yrioTilortliaiidoyei-.will Fire Prevention Officer "SS,c„usE�` fmcearthy!a,townofiioi-thandover.com Town Managers Office 120 Main St. North Andover, Ma May 19,2011 Museum of Printing Adele, The Fire Departments concern's would be notification of road closures and detours as well as congested roadways due to parking issues. Regards, Lt Fred McCarthy Fire Prevention TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,lORTff Daniel P.Lanen,Chairman William F. Gordon F 1 TEL. (978)688-9510 t Rosemary Connelly Smedile FAX 978*a b�, ( )688-9556 Donald B. Stewart Tracy M. Watson 9SSACHUSE� ADDENDUM TO BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA May 9,2011 TOWN HALL MEETING ROOM 120 MAIN STREET i VI. CONSENT ITEMS B. The North Andover Lions Club requests permission to hold their annual Circus at the practice fields in the rear of the Middle School on July 5 & 6, 2011 and permission for signage, located at First on Main Street and a banner on the Middle School Property. NORTH ANDOVE R LIONS CLUB P.O. BOX 0 NOR- TH ANDOVER, NIA 01845 0FF,1 May 4, 20 Mark Rees and the North Andover Board of Selectmen North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Ladies & Gentlemen of the Board: This year the North Andover Lions Club received Kelly Miller Circus dates of July 5 and 6, for two shows each day. (We had requested August dates but July was the only dates they could offer—based on travel restrictions/complications, etc.) The Lions Club then set out to acquire permits, etc. and to coordinate the process. We have received permission from the School Department to use the practice fields at the rear of the middle school: Our next need is permission from the board of Selectmen for the circus to be here in the first place, secondly we need the approval of various town agencies— police, fire, DPW, etc. which is usually acquired once Adel notifies them from your office, also, we need your permission for signage. In past years that we have brought the circus to town, we have sold tickets at Messina's Plaza, so as part of doing this again we would like to hang our circus banner once again, in front of her not as yet occupied storefront. This requires the town's permission and the permission of Ann Messina, the Messina family, and their property management company of N.H. We would sell tickets for three hours on Saturday, Sunday, and Monday, July 2, 3, and 4 and we would like to have the banner in place for 5 days. Also, we seek permission to set up a banner on the middle school property—along side of route 125, in the same location as past years. This would also require Board permission and would not be set up without additional approval of the school department. This banner would be in place for 2 '/z weeks. Your favorable approval of this activity would be gratefully appreciated. Lions Club Circus Committee: Jack Graham Taner Gulbas Rev. George Hogan Tom Ippolito Larry Kelly Byron Leonhard William Murphy Dennis Pellegrino Elizabeth Pettis Frank Sapienza Ray Sirois OE NORTH q NORTH ANDOVER PUBLIC SCHOOLS FO Christopher Hottel, Superintendent Kevin Hutchinson,Ed.D.,Assistant Superintendent �qS R%rev �� James Mealey,Business Manager "5 Joyce Laundre,Director of Special Education May 6, 2011 Mr. Thomas Ippolito North Andover Lions Club PO BOX 65 North Andover, MA 01845 Dear Mr. Ippolito, On behalf of the North Andover Public Schools, I am pleased to grant the North Andover Lions Club permission to set up a circus banner on the grounds of the middle school. Per your request, this banner may be set up approximately 2 weeks prior to the circus dates of July 5th and 6 th, on the Rte 125 side of the school and be left in place until after the final show. Please contact the Business Office if we can be of further assistance. i Sincerely, PJim Meale Business Manager North Andover Public Schools cc: Mark Rees, Town Manager Joan McQuade, NAMS Principal Administration Offices 1600 Osgood Street,North Andover,MA 01845 Phone: (978)794-1503 Fax: (978)794-0231 TOWN OF NORTH ANDOVER Fire Department Central Fire licadquarters—Fire Prevention Office 124 MAIN STREET NORTI-I ANDOVER, 1VIASSACHUSETTS 01845 Andrew Melnikas 01 NoRrh q 3= 4` ,' �� Telephone (978) 688-9593 Fire Chief o p FAX (978) 688-9594 Lt. F, McCarthy amelnilcas()tovwnoiilorthandoveccom Fire Prevention Officer �SSacNUS�tt fmccarthv(a;townofnorthandover.com Town Managers Office 120 Main St. North Andover, Ma Re: Lyons Club Circus 2011 May 6, 2011 The Fire Departments recommendations for the planned circus are as follows. A firefighter detail person is required for each show. The department shall be notified of all road closures and detours related to the show. Any use of propane in cylinders greater than 20 lbs will need to be permitted. Any questions or concerns are welcome; please contact Lt. Fred McCarthy [Fire Prevention] "! Regards, Lt. Fred McCarthy NAFD 978-688-9590 POLICE m ; =.; Mme- om a �- D E P A R T Its E N T , ,. =st' "Community Partnership' To: Adele Johnson, Administrative Secretary I From: Lt. John Carney RE: Lion's Club Circus Date: May 6, 2011 i The Police Department recommends favorable action on the request from the Lion's Club to host a circus on the Middle School grounds on July 5 & 6, 2011, as described in their letter. We have no objection to the posting of banner provided it does not interrupt the sight line of drivers near the intersection. We recommend a police officer be present at all shows, we will supplement with on-duty personnel and we will assist with any other security concerns. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-586-1312 pORT#1 9 O ��SSA C HUSE��y INTEROFFICE MEMORANDUM DATE: May 6, 2011 TO: Adele Johnson, Administrative Secretary FROM: Bruce Thibodeau CC: RE: Lions Club Circus The Division of Public Works has no objection to the request from the Lions Club Circus Committee, to hold their annual Circus at the Middle School practice fields on July 5 and 6, 2011. If they need any assistance from the DPW, please have them contact my office. TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH Joyce A. Bradshaw, CMMC 0 4.. Op Telephone(978)688-9501 Town Clerk, FAX (978)688-9557 jv * np ~ 1{y gO'VArn°erlllgr7 CH St' MEMORANDUM TO: Tracy M. Watson, Licensing Chairman Members of the Board of Selectmen Mark H. Rees, Town Manager �� FROM: Karen A. Fitzgibbons, Asst. Town Cleric SUBJECT: Application for Livery License—407 Mass, Avenue DATE: May 4, 2011 Attached is the application for a Livery License for Valley Coach of North Andover, 407 Massachusetts Avenue. Favorable recommendations are included from the Police Department, Fire Department and Building Inspector. There are no CORI issues. Certificate of Liability Insurance is complete and in the office file. Vehicle Certificate of Registrations are complete and in the office file. The legal notice was published in the North Andover Citizen on May 9, 2011 and all abutters were duly notified. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. The Commonwealth of Massachusetts Town of North Andover Application for License (General) License Fee: Date: TO THE LICENSING AUTHORITY: The undersigned hereby applies for a license in accordance with the provisions of the Statues relating thereto: ,NAME OF ESTABLISHMENT_ '�la� --OWNER/MANAGER----- r- 11L -- __ (Full Name of Person.Firm.or Corporation Making Application) State Clearly Purpose For Which License is STATE PURPOSE/'TYPE OF LICENSE Requested — ----- ---L—t 4--c r cli HOURS OF Give Location by Street R OPERATION:_ C_ 1J�A Number -- ---�-- --- - ADDRESS: `401- Mci)S A-N-e -- --- ---- NORTH ANDOVER, MA 018 5 TELEPHONE // C _� a in said Town of North Andover in accordance with the rules and regulations made under authority of said statutes. 1 certify,under the penalties ol'perjury that 1, to the best of my knowledge and belief,have filed all state tax returns and paid allstate taxes re by law,as well as withholding and remitting child support. _ SIGNATURE OR SIGNATURE_ *Signature of individual or Corporate Name By: Corporate Officer (Mandatory) (Mandatory, if Applicable) en PROVIDE ONE OR THE OTHER el� �L141AIs�_ ** Social Joluntary) o ederal Identification Numb * This License will not be issued unless this certification clause is signed by the applicant. * Your Social Security Number will be furnished to the Massachusetts Department ol'Revenue to determine whether you have met tax filing or tax payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject to license suspension or revocation. This request is trade under the authority of Mass G.L. Ch 62.Sect, 49A- Received , 20 PLEASE SIGN Time —__ _ Signature of Applicant Amount -- HOME ADDRESS �'- Approved — ---- - 20 Address License Granted 20 TOWN OF NORTH ANDOVER PRIVATE LIVERY & TAXICAB LICENSE APPLICATION (See Licensing Commission Policies) DATE OF APPLICATION: Z4 1 1d j i NEW: _ y RENEWAL: TYPE OF APPLICATION: TAXI: PRIVATE LIVERY: V BUSINESS NAME: ADDRESS: 40-4 TELEPHONE BUSINESS (qT4 RESIDENCE: TELEPHONE HOME: (S_0�6) DATE OF BIRTH: NUMBER OF VEHICLES TO BE LICENSED: LOCATION(S WHERE VEHICLES TO BE GARAGED:GED: (`\c,,.� FEE: $250.00 PER VEHICLE FOR HIRE PER YEAR: EXPIRES DECEMBER 31ST FEE: $100.00 PER VEHICLE FOR HIRE DRIVER EXPIRES ON DATE OF ORIGINAL APPLICATION. DESCRIPTION OF VEHICLES Make Model Year V1N# Owner Reg.# X111--y cu",�,0�- 5 fi.1ut-k7.ft:.AC�i 7 8 9 10 I SWEAR THAT THE INFORMATION GIVEN IS COMPLETE AND ACCURATE ire of"IRdividual )o orporation—Signature of President C ora io - , ignature of Treasurer ol�� Corporation - Signature of Director Corporation — Signature of Director I CERTIFY UNDER THE PENALTIES OF PERJURY THAT I, TO MY BEST KNOWLEDGE AND BELIEF, HAVE FILED ALL STATE TAX RETURNS AND PAID ALL STATE TAXES REQUIRED UNDER LAW. IGNA URE OF INDIVIDUAL BY: CORPORATE OFFICER CORPORATE NAME-MANDATORY MANDATORY, IF APPLICABLE SOCIAL SECURITY NUMBER (VOLUNTARY): OR FEDERAL IDENTIFICATION NUMBER APPROVAL OF A CONTRACT OR OTHER AGREMENT WILL NOT BE GRANTED UNLESS THIS CERTIFICATION CLAUSE IS SIGNED BY "THE APPLICANT. YOUR SOCIAL SECURITY NUMBER WILL BE FURNISHED TO THE MASSACHUSETTS DEPARTMENT OF REVENUE TO DETERMINE WHETHER YOU MEET TAX FILING OR TAX PAYMENT OBLIGATIONS. PROVIDERS WHO FAIL TO CORRECT THEIR NON- FILING OR DELIQUENCY WILL NOT HAVE A CONTRACT OR OTHER AGREEMENT ISSUED, RENEWED OR EXTENDED THIS REQUEST IS MADE UNDER THE AUTHORITY OF MASSACHUSETTS GENERAL LAWS, 2C §49A. TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 t NORTH Trace M. Watson, L'{7uirtnm? William F. Gordon ° ; Telephone(978)688-9500 Daniel P. Lanen i * FAX (978)688-9557 Rosemary C. Smedile 'f7 1Afro Tf°'.(°J Donald B. Stewart SACHUSE� Legal Advertisement Dept North Andover Citizen Please publish the following legal notice in the North Andover Citizen on Friday, April 29, 2011: Town of North Andover Licensing Commission Public Hearing Notice Notice is hereby given that a public hearing will be held by the North Andover Licensing Commission on Monday, May 9, 2011, at 7:30 p.m. in the Selectman's Meeting Room, 2°d Floor rear, 120 Main Street on an application for Livery License from Valley Coach of North Andover, Mark Walsh, 407 Massachusetts Avenue, North Andover, MA Tracy Watson Licensing Chairman Very truly, Karen A. Fitzgibbons, Asst. Town Clerk for Licensing /kaf o, Bill: Mark Walsh ' 407 Mass. Avenues xa North Andover, MA 01845 Tel: 508-265-2642 jn9ttal�h"4 kNMoT� A-,pkt 9 k�itorlh'A�r��t,� Itr�/?A/A 1' TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH O Joyce A. Bradshaw, CMMC ti A Telephone(978)688-9501 Town Clerk, * * FAX (978)688-9557 DRgiID ��,y.(iD I 9SSACHUSE� MEMORANDUM TO: Police Dept Fire Dept Building Dept From: Karen A. Fitzgibbons, Asst Town Clerk Date: April 19, 2011 Subject: Livery License Attached please find an application for a 24 hour Livery License applied for by Mark Walsh, 407 Massachusetts Avenue. As this application is scheduled for the May 9, 2011 BOS/Licensing Commission hearing, I would appreciate a response by May 2, 2011. Thank you, Karen Fitzgibbons, Karen From: Carney, John Sent: Wednesday, April 27, 2011 3:29 PM To: Fitzgibbons, Karen Subject: Valley Coach Attachments: Blank Stationary 2011.doc Karen, I spoke with this fellow and both he and his partner have valid licenses, etc. and seem fine. He is operating out of 407 Mass. Ave which I guess is OK; he garages one vehicle and leaves the other one out. Since he is already operating the business it seems the neighbors are OK with it thus far. i, I reviewed the town regulations on this and I don't see any other areas of responsibility for the police so as far as we are concerned he is good to go. If you need anything else from us let me know. Jc Please note the Massachusetts Secrelary of State's office has determined that most emaiN to and from municipal offices and officials are public records-For more tniormation please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the envitonmenl before printing this email i i I 1 Fitzgibbons, Karen From: Brown, Gerald Sent: Wednesday, April 20, 2011 3:56 PM To: Fitzgibbons, Karen Subject: RE: Recommendations -Valley Coach.pdf-Adobe Acrobat Standard The Building Dept recommends approval for Valley Coach for a home office GeraCd A. Brown Inspector of BuiCdings Building Department Town of North Andover 1600 Osgood Street Building 20,South; Suite 2-36 North Andover, MA 01845 I From: Fitzgibbons, Karen Sent: Tuesday, April 19, 20113:51 PM To: Carney, John; McCarthy, Fred; Brown, Gerald; Leathe, Brian Subject: Recommendations - Valley Coach.pdf- Adobe Acrobat Standard not hc ivta�sahusr tir secretay of Sly! .,office has dpte.,n.ined that most rit :n;Ind fr(T"��tia�?icipa )f;n.es and ofliciF,k are pul,!.. .,c.xr�S nor more -4 +se�Ofer�r; http://www.sec.state.ma us/pre/preidx.htm. �.co sider the env mnment before printing;'his einai{ i Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, April 21, 2011 1:12 PM To: Bradshaw, Joyce Cc: Fitzgibbons, Karen Subject: RE: Livery License Ok Joyce GeraCcCA. Brown Inspector of BuiUt'nWs Building Department Town of North Andover 1600 Osgood Street Building 20,South; Suite 2-36 North Andover, MA 01845 From: Bradshaw, Joyce Sent: Thursday, April 21, 2011 12:34 PM To: Fitzgibbons, Karen; Brown, Gerald Subject: RE: Livery License We could condition the license to reflect that and he would still have the legal authority to use both vehicles. From: Fitzgibbons, Karen Sent: Thursday, April 21, 2011 12:16 PM To: Brown, Gerald Cc: Bradshaw,Joyce Subject: Livery License Hi Gerry, I spoke with Joyce re our earlier conversation. She is under the impression that Mark Walsh, 407 Mass Avenue, only intends to house one vehicle at that address. Would you be comfortable with sending me a recommendation that included the wording "home office with only one vehicle"? Thank you, Karen goal, 978-688-9,601 e m;lfr ! a:., it =1 ��[�re4 ;� r3' pf4, t h,a� if 1 i'inNd 1f,t i Ij II 5 try,,n 1 l i.�li�cs ar a iN ;rak,air put E . ) - C�.< ferGrd, �I)r nli.r !�nra;rr.rrt,it-;�„ rate+ r,., http://www.sec.state.ma.us/pre/preidx.htm Plr as,�r,�n rv..;i1u��-nn,ircnrnri:!k�ef�rr-pnntin��t i5��meui , 1 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters— Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas 3:0b'." , '.,6 0 Telephone(978) 688-9593 Fire Chief ° , p FAX (978) 688-9594 Lt. F. McCarthy Fire Prevention Officer 3gss,*p.r��y amclnikas�ri\townofnortllandovcr.com ACHUS fmccarthk,,u.townofnorthandover.com Town Clerks Office 120 Main St. North Andover, Ma April 27, 2011 Karen, The Fire Department has no issues with a 24 hour livery license for Valley Coach 407 Mass. Ave. Lt. Fred McCarthy Fire Prevention TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETT'S 01845 pORTH Joyce A. Bradshaw, CMMC 0� 0� Telephone(978)688-9501 Town Clerk, * * FAX (978)688-9557 �SSACHUS�� MEMORANDUM TO: Tracy M. Watson, Licensing Chairman Members of the Board of Selectmen Mark H. Rees, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk SUBJECT: Application for Common Victualler & Entertainment License DATE: May 4, 2011 Attached is the application for a Common Victualler and Entertainment License for "A Haute Dish" - 2 to 4 Johnson Street—Jennifer Broberg, Proprietor. Favorable recommendations are included from the Police Department and Building Inspector. The applicant continues to work with the Board of Health and Fire Department. No licenses will be granted until all departments are satisfied. The legal notice was published in the North Andover Citizen on May 9, 2011 and all abutters were duly notified. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. The Commonwealth of Massachusetts Town of North Andover Application for License (General) License Fee: Date: — TO THE LICENSING AUTHORITY: The undersigned hereby applies for a license in accordance with the provisions of the Statues relating thereto: NAME OF ESTABLISHMENT_ GER l �__ �C-C2ue�_ _.- OWNERIMANA _��n�_-- (Full Name of Person.Pirm.or Corporation Making cation) State Clearly Purpose For Which License is STATE PURPOSE/TYPE OF LICE`N'SE r i Requested __ � ��(?�1 C C G�ll�lr HOURS OF Give Location by Street & OPERATION:��(Yl �___—(____l_._ (Y ---Number ADDRESS: NORTH ANDOVER, MA 01845 TELEPHONE N—-- - .(.- -- � ---- ---- ---- in said Town of North Andover in accordance with the rules and regulations made under authority of said statutes. I certify under the penalties of perjury that 1,to the best of my knowledge and belief. have filed all state tax returns and paid all state taxes required by law.as welt as withholding and remitting child support. _SIGNATURE OR SIGNA'T'URE — i *Signature of indiviv ual or C rpnrate Name By: Corporate Officer (Mandatory) (Mandatory, if Applicable) PROVIDE ONE OR THE OTHER� ** Social Security# (Voluntary) or Federal Identification Number * rhis License will not be issued unless this certification clause is signed by the applicant. «= Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tar filing or tax payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject to license suspension or revocation. This request is made under the authority of Mass G.L. Ch G?_Sect. 49A. Received ----- -- ' 20-- PLEASE SIGN -- -- Signature of Appli• nt Time_—_ _— �__ L Amount ----- HOME ADDRESS, lt�iLY 1 l.k . �IOt �'( Approved --- - '20--- Address I License Granted —..--_-- ,20__— TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 �iORTH 04 t 1D ;��NO Tracy M. Watson,Chairman 3= °c William F. Gordon o A Telephone(978)688-9500 Daniel P. Lanen FAX(978)688-9557 Rosemary C. Smedile Donald B, Stewart sSA sE `y I Legal Advertisement Dept North Andover Citizen Please publish the following legal notice in the North Andover Citizen on Friday, April 29, 2011: Town of North Andover Licensing Commission Public Hearing Notice Notice is hereby given that a public hearing will be held by the North Andover Licensing Commission on Monday, May 9, 2011 at 7:30 p.m. in the Selectman's Meeting Room, 2nd Floor rear, 120 Main Street on an application for a Common Victualler License and Entertainment License from A Haute Dish, Jennifer Broberg, Owner, 2-4 Johnson Street,North Andover, MA. Tracy Watson Licensing Chairman - , STPwtt Lid QL N+C `iC . Very truly, T wit,tf , �►'driver nsrr"!g Coml�rr s On.: Karen A. Fitzgibbons, Asst, Town Clerk for u01�05tedng, -0 ICO /Kaf Notice. t81"3by, IhI.0.p1�bli Bill: Jennifer Broberg WI 12 Gibson Court � t*M d No. Andover, MA 01845 " Tracy mason AQM-954 . ,�tcen�i�g >�hslrman; IZet � 1 POLICE ®7 x a � ox R r M E N T Wig �*�'�- '- "Com munitt�!'artnersirip" I To: Karen Fitzgibbons, Assistant Town Clerk From: Lt. John Carney RE: Common Victualler, Entertainment Licenses Date: April 20, 2011 I The Police Department has no objection to the Common Victualler or Entertainment Licenses being issued to Jennifer Broberg to operate a restaurant at 2 —4 Johnson Street as described in the applications. 14'75 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-7.212 Fitzgibbons, Karen From: Brown, Gerald Sent: Wednesday, April 20, 2011 3:54 PM To: Fitzgibbons, Karen Subject: RE: Common Victuraller& Entertainment A Haute Dish recommendations.pdf-Adobe Acrobat Standard Building Dept recommends approval for CV LIC & Entertainment A Haute Dish Co eraCd A. Brown Inspector of BuikCtngs Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Fitzgibbons, Karen Sent: Tuesday, April 19, 2011 12:51 PM To: DelleChiaie, Pamela; Brown, Gerald; Carney, John; McCarthy, Fred Subject: Common Victuraller& Entertainment A Haute Dish recommendations.pdf - Adobe Acrobat Standard Please. note th.t Nlr .5.r f lfscttK Seca_lsry of Stale',;otfa r ha,, ietf.rn..,'u: thal frost e.r r,rls to rarld tram n,unirip d orfuwes anf;officals am public recd ds For more 11f n1 la,Ion,t� ine refer lo.http://www.sec.state.ma.us/pre/preidx.htm t'1 Cpllsi{iE?r It-it? pri[ltl'l 1 II: c;rll iii 1 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters— Fire Prevention Office 124 MAIN STREET NORTI-i ANDOVER, MASSACHUSE"T"TS 01845 tjOR7H q Andre\v Melnikas 3=oE'��lD NoL Telephone (978) 688-993 Fire Chief ° , FAX (978) 688-994 Lt. F. McCarthy amehlikas(atownofnorthandover.com Fire Prevention Officer SSACHUS i'mccartlwCu).townofnor-thandover.cor-n Town Clerks Office 120 Main St. North Andover, Ma April 22, 2011 Karen, The Fire Department has reviewed the plan for a new restaurant at 2-4 Johnson St. A Haute Dish and has the following recommendations. A fire suppression system will be needed for deep fat fryers, grills and stove tops. A detailed plan should be submitted to the Fire Department for approval. In the event a system is now in place it would have to be reviewed and altered for any proposed change, All work to be performed by a licensed technician. Fire extinguishers shall be present, marked and in plain view for employee and public use. The fire Alarm system should be tested prior to opening. All exits shall be clearly marked, illuminated and free of obstructions. Sincerely, Lt. Fred McCarthy Fire Prevention. Vv North Andover Health Department Community Development Division TO: Karen Fitzgibbons Assistant Town Cleric FROM: Susan Sawyer Public Health Director DATE: April 19, 2011 - Tuesday SUBJECT: Haute Dish Cafe - BOS/Licensing Commission Hearing on May 9, 2011 — Application for a Common Victualler and Entertainment License—2-4 Johnson Street This memo is in regard to the Application for License to the Board of Selectmen (BOS)/ Licensing Commission for Haute Dish Cafe, 2-4 Johnson Street, to obtain a License for the following: Common Victualler Entertainment The Health Department issued a Food Permit Review Approval letter to Jennifer Broberg, owner/manager of the Haute Dish Cafe. However, the proposed establishment still has outstanding issues to be completed: 1) Food Inspections—No requests have been received for any pre-opening food establishment inspections—(Construction Inspection & Final Food Inspection required prior to opening) as were outlined in the approval letter; and 2) Fee s -No fee submitted for a food establishment permit - $325 is due for a Food Establishment Restaurant/Caterer Permit payable to the Town of North Andover, 3) Establislunent Outstanding Items tems - There are an additional 10 items outlined in the approval letter that must be completed prior to receiving a Food Permit from the Health Department One the establishment has submitted final documentation, and has been reviewed, inspected and approved as a food establishment in the Town of North Andover, the Board of Health has no objection to the approval and granting of the request, as long as the establishment owner complies with the 105 CMR 590.000 of the State Sanitary Code, and the Federal Food Code. 1600 Osgood Street, Building 20; Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com A HAUTE DISH SANG-WEDGE SELECTION TURKEY AND DILL HAVARTI Oven roasted turkey breast, dill havarti cheese, lettuce,tomato and creamy spinach and artichoke dip $6.95 ROAST BEEF AND HERBED CHEESE Roast bee(thinly sliced with an herbed cheese, caramelized onions, lettuce and tomatoes $7.25 GROOVIN' CUBAN Pulled Pork with ham,Swiss cheese, pickles and mustard pressed in a Panini grill $6.50 ITALIAN BEEF Slow cooked, shredded bee(served with a tasty bee(au jus dipping sauce and a hot pepper relish served on the side $7.25 TRIPLE BLT Bacon, Bacon, Bacon with lettuce and tomato (or good measure! $5.50 add cheese$1.00 add chicken or turkey$1.25 CROC MONSTER Q.-E. CROQUE MONSIER) A very'f-Iaute'version of grilled ham &cheese with creamy Mornay sauce to seal the deal! $6.25 ITALIAN EXTRAORDINAIRE Freshly sliced salami, mortadella,capicolla, ham and provolone with lettuce and tomatoes $6.95 MONTEREY CHICKEN RANCH Marinated chicken with bacon, pico de gallo, Monterey Jack, lettuce,tomatoes and ranch dressing $16.50 chicken orturkey add $1.25 N EDET€RRANEAN WRAP Cucumber salad with tomatoes, red onion and peppers on roasted red pepper hummus with (eta cheese, rolled in flour tortilla $5.75 Add chicken orturkey $1,25 VEGGIE FRENCH DIP Roasted portabella mushrooms, eggplant,zucchini,peppers, summer squash, asparagus and onions lightly coated with olive oil and garlic topped with provolone and served with a herb--mushroom broth $6.25 Add chicken or turkey $1.25 HOMEMADE SOUPS; STEWS AND-CHOWDERS MADE DAILY A HAUTE DISH Hot Hors D oeuvres Maryland Style Crab CA—,, Spicy KemotjlaJc Cari66ean Spiced Jumbo Shrimp, Sweet Mango Chutney Chicken 5altim6occa "bites", Leflion,"3age Aioli Miniature beef Wellingtons, Classic Demi Glace H,6 joat Cheese and black Olive TapcnaJc Crostini Coconut Chicken, Caramelized Orange-Pineapple ckutrie, Sea Scallops Wrapped in Prosciutto, sauce Vertc steamed rot Stickers, Asian Dipping Sauce Coconut Shrimp) Spicy Curry Cream Sauce Crispy Potato Pancakes, sliced E)ccf& Sweet Onion Confit Zucchini-Sweet Potato Cakes, Apple Chutney Chicken or beef Sata'q, Spicy Peanut Sauce Spinach &Marscaponc Stuffed Forto6clio Mushrooms Sweet Italian Sausage Wrapped in ruff Pastry Shredded beef Q'uesaj ilia,") Avocado Dressing Vcgctakle Kisotto Cakes, Koastcj Tomato Sauce Koasted Vcgctakl(-- F1,911. Cup", Lemon-Pepper Dressing Ckefjcnnifer bro6erg-Owner rkonc508-6 1 2-377+ m a i fl Johnson Street North Andover, MA Located in the historic ria-9 Scales Exchange building A HAUTE DISH Cola Hors 'oeuvres Baby Spinach, Feta and Toasted fine Nut Phyllo Cups Marinated Asparagus Bundles, Prosciutto & Garlic-herb Cheese Becf Tenderloin Crostini, Red Pepper Confit &1lor5eradi5h cream Asian Chicken Noodle Salad in Lettuce Leaves Assorted Sushi, Sashimi and California rolls Malian Antipasto Skewcrs, Fresh Mozzarella and Italian Meats Herb Goat Checse and Roasted Pepper Crostini, basil Pcsto Chicken Salad Phyllo Cups, Golden Raisins and Candied Pecans Endive Spears with Blue Cheese & Caramelized Apple Sprcad Classic ,Jumbo Shrimp Cocktail Seafood Martini: Seared Scallop, `,]primp with Mango `salsa, Lobster Salad served in mini martini glasses Delicious Dips & Salsas Caramelized Onion glue Cheese & Caramelized Apple Spinach & Artichoke Seven Layer Asian Chicken and Steamed Vageta6le Dip Tangy Pineapple, Scallion and Crab Dip blac jean and Roasted Corn `salsa Mango Salsa House Made Tomato Salsa Assorted Flavored Hummus Ckefiennifer bro6erg-Owner Phone: 505-612-577-t r mail: �i ,i�, ket�ir isC= m.;i? nm 2--4 ,Johnson Street North Andover, 'ma Located in tke historic hay Scales 17—xchange building "- , 1 � x 1 u ✓ r w _:,, ,✓ t �'ul'. �k r...., tfi+�+, t` , 94�,,, -# _..�,r ,, ,.,r,Y'e " ' T 6 �' '�u;r:rc.r' Y• aty��x'�}�ci. �rr�� `�+q3. 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( J Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing Subiect Property: MAP PARCEL Name Address 96 24 Center Realty P.O.Box 876,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 96 21&22 Center Realty Trust P.O.Box 876,North Andover,MA 01845 96 23 Michael Donovan 10 Johnson Street,North Andover,MA 01845 96 72 North Parish Church 190 Academy Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Assesso Office as of Certifie by: ,'' Date-� I TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH O`�Tt.a°hy'q.yO Joyce A. Bradshaw, CMMC 0 a Op Telephone(978) 688-9501 Town Clerk, * FAX(978)688-9557 SSACHUS�� MEMORANDUM TO: Tracy M. Watson, Licensing Chairman Members of the Board of Selectmen Marls H. Rees, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk SUBJECT: Application for One Day Wine & Malt— Merrimack College DATE: May 4, 2011 Attached is the application for a One Day Wine & Malt License from Merrimack College. They are having an employee appreciation event in the lobby of the Rogers Center on May 16, 2011 from 3 pm to 5 pm. A favorable recommendation from the Police Department is included. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. MAR 24 2001 2: 47PM HP LASERJET 3200 p. 2 The Commonwealth of Massachusetts _ of_ APPLICATION FOR LICENSE (GENERAL) Au l 20 No. — TO THE LICENSING AUTHORITIES: The undersigned hereby applies for a License in accordance with the provisions of the Statutes relating thereto (l=ull name of person,firm or corporation making application) STATE CLEARLY PURPOSE FOR WHICH LICENSE IS REQUESTED � �( } i 2-) I 1 r1 _.,.—1�1-sq -- -- GIVE LOCATION At I y2YZ �t�'l�C IG Co?L- [1�%f '� NETAND UMBER in said City of — -- Town in accordance with the rules and regulations made tinder authority of said Statutes. tify un e e pe ties of perjury that 1,to my best knowledge and belief,have filed all state tax retums and paid all state taxes requir der law. f Ind' idual By: Corporate OFticer gnatuo ( (Mandatory,if App)icable) rate f In ory) --- "*Social Security#(Voluntary) --1-- or Federal identification Number * This license will not be issued unless this certification clause is signed by the applicant. ** Your social security number will be furnished to the Massachusetts Department of Revenue to determine wh eta ou have met tax filing or tax payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject t erase s -Pei revocation. This request is made under the authority of Mass.G.Lc.62Cs.49A. Received_ _20— — - Signature of Applicant A.M. PIV__ Address Hour ►�pt2�l-IL�*,t1�Jtc`-YLr t"'l,c °i��1'� PM - License Granted_ --- ��- Approved .—J20— O Merrimack C O L L E G E NORTH ANDOVER, MASSACHUSETTs 01845 978-837-5000 > jt7wzv.nterrinuick.edu ADMINISTRATION AND GENERAL COUNSEL April 27, 2011 VIA HAND DELIVERY Board of Selectmen Town of North Andover 120 Main Street North Andover, MA 01845 Re: Merrimack College— Regzzest for one-day license Dear Sir or Madam: Please find enclosed a completed Application for License and a check in support of the same. Specifically, Merrimack College is holding an employee appreciation event in the lobby of the Rogers Center. The event will take place on May 16 from 3 p.m. to 5 p.m. The College seeks the town's permission to serve alcohol (wine and beer only) at that event. Should you have questions or need fiirther information,please do not hesitate to contact me. cry t ul ours, C. 1 a Abo i Ice President f d - ration and General Counsel Enclosures TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF NORTH q Joyce A. Bradshaw, CMMC A Telephone(978)688-9501 Torun Clerk, * * FAX(978)688-9557 �9SS�ICHUSti��y MEMORANDUM TO: Lt. John Carney, Police Dept FROM: Karen A. Fitzgibbons, Asst. Town Clerk SUBJECT: One Day Wine & Malt License— Merrimack College DATE: May 3, 2011 Attached please find an application for a One Day Wine & Malt License for Merrimack College. They are having an employee appreciation event in the lobby of the Rogers Center on May 16, 2011 from 3 pm to 5 pm. As usual, thank you for your prompt attention to this matter. S® 4 ®® d Zr r- POLICE y -00 .. Now—am 1�D E P A R T M E N T "Community 1'artnersh.ip" I i To: Karen Fitzgibbons, Assistant Town Clerk From: Lt. John Carney RE: One Day Liquor License—Merrimack College i Date: May 3, 2011 The Police Department recommends favorable action on the request from Merrimack College for a one day license on May 16, 2011 as outlined in the application. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-1.212 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 E NORTH O♦tt1O ry6��O Joyce A. Bradshaw, CMMC F? a.., Op Telephone(978)688-9501 Town Clerk. � � * FAX(978)688-9557 ACHUSE��y MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen Marls Rees, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk DATE: May 4, 2011 SUBJECT: Change of Manager, Yente, LLC Attached please find a completed application for a Change of Manager for Yente, LLC, 1503 Osgood Street,North Andover. The proposed manager's name is Alireza Amini Pakdaman. There are no CORI issues, and the applicant is in the process of obtaining TIPS certification. The Police Department is recommending favorable action. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. The Commonwealth of Massachusetts Town of North Andover Application for License (General) License Fee: Date: TO THE THE LICENSING AUTHORITY: The undersigned hereby applies for a license in accordance with the provisions of the Statues relating thereto: NAME OF ESTABLISHMENT OWNERJMANAGER `c,�v� -— (Full Name of Person.Firm.or Corporation Making Application) State Clearly Purpose For Which License is STATE P RPOSF:!'TYPE OF LICENSE Requested QV\_ � HOURS OF Give Location by Street & OPERATION: - Number v� �s ADDRESS: vvc:� �� _�.------------- ------------ NORTH ANDOVER, MA 01845 TELEPHONE -------- in said Town of North Andover in accordance with the rules and regulations made under authority of said statutes. I certify under the penalties of perjury that 1,to the best of my knowledge and belief,have Died all state tax returns and paid all state taxes required by law,as well as withholding and remitting child support. _SIGNATUR __ __ OR__ SIGNATURE ___._ *Signature of individual or Corporate Name By: Corporate Officer (Mandatory) (Mandatory, if Applicable) PROVIDE ONE OR'rHE OTHER ** Social Security#(Voluntary) or Federal Identification Number * This License will not be issued unless this certification clause is signed by the applicant. �* Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Licensees who fail to correct their non-filing or delinquency will be subject to license suspension or revocation. This request is made under the authority of Mass G.L. 01 62. Sect. 49A. --PLEASE SIGN-- Received---------- -' " --- -- ---- Time — —__.__ Signature of Applicant Amount -------- --- HOME ADDRESS------ -- - --- Approved_ > 20.—._ Address License Granted----.-J�___—>20_. The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov/abet PETITION FOR CHANGE OF LICENSE 082600053 —� NORTH ANDOVER ABCC License Number City/Town The licensee YENTE, LLC respectfully petitions the Licensing Authorities to approve the following transactions: ❑X ❑ Alteration of Premises Change of Manager F] Pledge of License/Stock ❑ Cordial&Liqueurs ❑ Change of Corporate Name/DBA ❑ Change of Location ❑ Change of License Type(§12 ONLY,e.g."club"to"restaurant") Change of Manager Last-Approved Manager: TRACY ADLEY Requested New Manager: FALIR7EZA AMINI PAKDAMAN ❑ Pledge of License/Stock Loan Principal Amount:$ Interest Rate: Payment Term: Lender: • Change of Corporate Name/DBA Last-Approved Corporate Name/DBA: Requested New Corporate Name/DBA: —� • Change of License Type Last-Approved License Type: Requested New License Type: ❑ Alteration of Premises:(must fill out attached financial information form) Description of Alteration: ❑ Change of Location:(must fill out attached financial information form) Last-Approved Location: Requested New Location: Signature of Licensee Date Signed 04/13/2011 C- (if a Corporation/LLC,by its authorized representative) The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 w,ww.mass.gov/abcc Personal Information Form 1. Licensee Information: Legal Name of Licensee: YENTE,LLC Business Name(d/b/a): �— Address: 1503 OSGOOD STREET ABCC License Number: 082600053 (If existing licensee) City/Town: NORTH ANDOVER State: MA Zip Code: Fo1845 Phone Number of Premise:978 682 0081 EIN of License: 27 097 2284 2. Personal Information: Individual Name: ALIREZA AMINI PAKDAMAN Home Phone Number: Address: 8 GATES STREET E-mail Address: City/Town: FRAMINGHAM 1 State: MA Zip Code: 02135 Social Security Number: Date of Birth: 08/11/1978 ^� Place of Employment: YENTE,LLC,1503 OSGOOD STREET,NORTH ANDOVER,MA 01845 Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑ If yes,attach an affidavit as to all charges and disposition. 3. Financial Interest: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. 0%BENEFICIAL OR FINANCIAL INTEREST IN YENTE,LLC IMPORTANT ATTACHMENTS: For all cash contributions,attach last 3 months of bank statements for the source(s)of this cash. *If additional space is needed, please use the last page* I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and acct. te: Signature ; —�1 Date 04/13/2011 Title �—— (If Corporation/LLC Representative) The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc Manager Application All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. Licensee Information: Legal Name of Licensee: YENTE,LLC Business Name (d/b/a): Address: 1503 OSGOOD STREET City/Town: N ANDOVER State: MA Zip Code: 01845 ABCC License Number: 082600053 Phone Number of Premise 978 395 3661 (If existing licensee) 2. Manager Information: Name: ALIREZA AMINI PAKDAMAN Cell Phone Number: Are you a U.S. Citizen: Yes CX7 No F] Court and Date of Naturalization: BOSTON,MA (Submit proof of citizenship and/or naturalization such as Voter's Certificate,Birth Certificate or Naturalization Papers) List the number of hours per week you will spend on the licensed premises: [50+ Have you ever been charged or convicted of a state, federal or military crime? Yes ❑ No If yes,attach an affidavit as to all charges and disposition. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes ❑ No ❑x If yes, please describe: Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ No [x-j If yes, please describe: 'If additional space is needed,please use the last page' Please list your employment for the past ten years (Dates, Position, Employer,Address and Telephone): 12009 -PRESENT: ZDESIGN, 8 GATES ST FRAMINGHAM, MA 01702 508 395 3661 'If additional space is needed,please use the last page' I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signatur,C � Date 04/13/2011 0 w 0 N O No. 28 391107 s - � , i�sa//u'rZ cr��rY /ort'o /ro�aln� 1frz( ✓ o- A046801218 c'Ice.Y f-,fl7.CI�'t/l.�' �(lfltll:Ld'•flYl(% Ql�U1.fLt'f��llOfOCfI��u'�%'..,.-"_• / AUGUST 11, 1978 /,! flf2 f1 U/J :' /1PJ1Pf0'ld-l("ozei'�i' /71Pi Ati4LE �, ✓(�11�/2f: 6C !%llfZfd �C',nrryGf�e•arultrrcea�yurlrur��rnldrrJ flrlrrfs�izfus: . SINGLE7=a� surrr2�fou rcat�a2 u�ififa�/in�c�c� ,a BOSTON IRAN • ,-. - - at•. •;,�fASSACHUSE�°I'S ALIiiEZA AMINI FAgP~ • :'.11LPld/t�d'!.!� !%L(�'GULi��°d;;!/7�,Pltl�<f0'/SP.�'ffl�i!!LC/LPi u/ c1f,Q'CP.d�•flflLP/1.-�511 :�." lnteds anrL�.a�fira�a�fi�r "b�u�fi�ze��i�biiauidioits�s�•nafur��zrrfui�L lrru�s�aru� �S v :j u1ad,eru rte,a6/,mr, �crtr 7 /1 j'f/; slLt/� o2�u trr/ f oaf/L of �1= r US DIS;W -CQ,ETT,,:0FMASS4CZ(USE7TS at .. .BQ TTS orLc. MAl' M©9,2005 tt�GstcUn� rig✓ �r�- rr o64� irc�tz!c IT IS PUI41SAA©LE BY U. S. LAZY TO COPY, Q PRINT OR PHOTOGRAPH T 1S CERTIFICATE, s- WITHOUT LAWFUL AUTHORITY. 9itmt ir.cf�Yxc�c• z • c FOflMfJSYJ ncv.,nv n Additional Space Please note which question you are using this space for. I NATURALIZATION:BOSTON MA;MARCH 9,2005.DOCUMENTS EMPLOYMENT HISTORY: 2006-2009 ASSISTANT STORE MANAGER,WALGREENS,READING MA 781 890 2362 2005-2006 EXXON MOBIL DISTRICT MANAGER,NORTH SHORE,(VERC ENTERPRISES) 781 9347300 2003-2005 EXXON MOBIL MANAGER,FRAMINGHAM,MA 2001 -2003 STOP AND SHOP,ASSISTANT MANAGER,FRAMINGHAM,MA JOINT UNANIMOUS CONSENT VOTE AND RESOLUTIONS OF THE MANAGER AND MEMBERS OF YENTE LLC The undersigned, being all of the Managers and Members of Yente LLC, a limited liability company duly organized in The Commonwealth of Massachusetts (the "Company"), do hereby waive all notice of the time, place and purposes of a meeting of the Managers and Members of the Company and VOTE to the adoption of the following resolutions with the same force and effect as if adopted at a duly convened meeting of the Managers and Members of the Company and hereby direct that this vote be filed with the minutes of the proceedings of the Managers and Members of the Company: RESOLVED: That the Company execute all documents and take all action as deemed necessary with regard to the.Company's premises located at 1503 Osgood Street in North Andover, Massachusetts to change the manager of the premises located at 1503 Osgood Street, North Andover, Massachusetts to Alireza Amini Pakdaman for purposes of the liquor license at the premises and in connection therewith, and to take any and all such further action as deemed necessary by the Manager of the Company as may be required to effectuate said change. The taking of such action and the execution of such documents, instruments`:and certificates shall be conclusive evidence of authority hereunder. RESOLVED: That the Manager of this Company, Nicholas Herds, Jr. be, and hereby is, authorized and empowered in the name of and on behalf of this Company to take all such actions and to execute all such documents, instruments, certificates-and agreements as may be necessary or convenient to give effect to the above-referenced resolution. The taking of sue and the execution of such documents, instruments and certificates shall be conclusive evidence of his authority hereunder. Dated this 30th day of March, 2011. YENTE, LLC By. --------- Nicholas Heras, Jr., Member and Manager aura P. Heras, Member Being all of the Members and Manager of the Company TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 pORTFl q '..,...,. Joyce A. Bradshaw, CMMC F A Telephone (978)688-9501 Town Clerk, * FAX (978)688-9557 x � a � 4sSACHUSE� MEMORANDUM TO: Lt. John Carney, Police Dept. FROM: Karen A. Fitzgibbons, Asst, Town Clerk SUBJECT: Change of Manager— Yente, LLC DATE: April 20, 2011 Attached please find a Change of Manager application for Yente, LLC, 1503 Osgood Street, North Andover, MA. As the application will be heard at the BOS/Licensing Commission meeting on May 91h, it would be appreciated if I could have a response by May 2, 2011. As usual, thank you for your assistance in this matter. p' a mom. v °® Z Z 9, G= a A�110E a� ®® ® ® s o aX 0=V1 .� Q E P A R r M E N T "Cornmunity Partnership" To: Karen Fitzgibbons, Assistant Town Clerk From: Lt. John Carney RE: Change of Manager— Yente, LLC Date: April 20, 2011 The Police Department has no objection the change of manager at 1503 Osgood Street from Tracy Adley to Alireza Amini Pakdaman. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fay:: 978-686-1212 FWD Training for Inter-rention Procedures a Product of Health Communications, Inc. .,.the global leader in education And training for the \ responsible service, sale, and consumption of alcobol_ A ril25 2011 -r— 1 ^ \-LU 15l, Alireza Aminipakdaman 1503 Osgood St ^.North Andover,MA 01845-1014 Dear Alireza Aminipakdaman; Thank you for registering with www.gettips.com,the official web site of the TIPS program. This letter serves to verify the following information: Username:Alireza Aminipakdaman Password:YOF4D6 E-mail Address: aliaminisolo @gmail.com Office Phone Number; 508-661-9421 If any of this information is incorrect,please contact Laundra Craig at 1-800-438-8477,ext.336. 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There are 3 ways to certify at the Participant level: • REQUEST TRAINING from TIPS trainers in your region by completing a request form at http://www,gettips.com/trainiiagregtiest.shtml. Within 24-48 hours of the request,trainers will contact you via email to set-up a TIPS training session that works for you. • .BROWSE SCHEDULED SESSIONS in your region at http.,//www.gettips.com/sessions,shtmi. Enter starch criteria to search for scheduled sessions that meet your needs. • TAKE OUR ONLINE COURSE at http:/Iwww.gettips.com/eTIPS.shtml. Thanks again for your inquiry. Again,feel free to contact me directly(036)or email craigl @gettips-corn. Sincerely, Laundra Craig Account Manager [-RTO242323ZK1 1400 hey 13oulevazd • Suite 700 - Arlington,VA.22209 phone(800)438-8477 ILLC(800)937-8477 • -a,.i,.,www.gettips.com ''..... Local Option Rooms and Meals Tax Timetable First Year of Adoption: Number of H Months FY Quarter Local Action Month Tax Assessed by Month Tax Revenue Collected Distribution Revenue will be Quarter Start Date Deadline* Establishment by DOR Date Collected** IS, 2 C,� Quarter 1 July 1st May 31 st July August September 30th 10 Months -3 Y 4e 3? Quarter 2 October 1 st August 31 st October November December 31 st 7 Months e® 07 V Quarter 3 January 1st December 1st January February March 31st 4 Months Quarter 4 Aril 1 st March 1st Aril May June 30th 1 Month h®-3 3 i Subsequent Years After Adoption: FY Quarter Months Tax Assessed by Months Tax Revenue Collected Distribution Quarter Start Date Establishment by DOR Date Quarter 1 July 1st May, June, July June, July,August September 30th Quarter 2 October 1st August, September, October September, October, November December 31 st Quarter 3 Januarylst November, December,January December,January, February March 31st Quarter 4 Aril 1 st February, March,April March,April, May June 30th *Once local option has been adopted, no further local action required. **After first year of local adoption, communities will receive full year of revenue. 1� -<6-3 q Local Option Rooms and Meals Tax Timetable First Year of Adoption: Number of Months / �.artlie FY Quarter Local Action Month Tax Assessed by Month Tax Revenue Collected Distribution Revenue will be Quarter Start Date Deadline* Establishment by DOR Date Collected** y/3, 2 Quarter 1 July 1st May 31 st July August September 30th 10 Months y B 3 Quarter 2 October 1st Au ust 31st October November December 31st 7 Months �� 7 Quarter 3 January 1st December 1st January February March 31st 4 Months Quarter Aril 1st I March 1st Aril May June 30th 1Month b � 3 S � u sequent Years After Adoption: FY Quarter Months Tax Assessed by Months Tax Revenue Collected Distribution Quarter Start Date Establishment by DOR Date Quarter 1 July 1st May,June, July June,July,August September 30th Quarter 2 October 1st August, September, October September, October, November December 31st Quarter 3 January 1st November, December,January December, January, February March 31st Quarter 4 1 Aril 1 st 1 February, March,April March,April, May June 30th *Once local option has been adopted, no further local action required. After first year of local adoption, communities will receive full year of revenue. j6t� �� r � l �� 3S� TOWN OF NORTH ANDOVER MASSACHUSETTS i ANNUAL TOWN MEETING WARRANT ANNUAL FINANCE COMMITTEE REPORT TO VOTERS NORTH 0 ►6 �� 'X6 O r_ K I 1 T 10 yL T O LANE COCHIC HEWKM A04ArEO SSACHUS� TUESDAY JUNE 79 2011 7:00 P.M. NORTH ANDOVER MIDDLE SCHOOL 495 MAIN STREET Please Bring This Booklet With You! Additional Information and updates: www.townofnorthandover.com Citizens with Disabilities The Town of North Andover wishes to take those steps that are necessary to ensure that no individual with a disability is 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 services identified in the "Americans With Disabilities Act" in order to participate at Town Meeting, please contact the Town Clerk's Office at: (978) 688-9502. Thank-you! Voters will be checking in by last name. You will be given a Town Meeting Voting card and you need this to be able to vote. You will have had to be registered to vote by Wednesday, May 18, 2011. All voters who have registered to vote as of that date will be eligible to vote at the June 7, 2011 Annual Town Meeting. You may call the Town Clerk's Office at (978)688-9502 to verify voter status or request a voter registration form. Non voters must sign in, display a non-voter pin and sit in a designated section. If you require handicapped parking access or need special parking accommodations please call the Town Clerk's Office for special arrangements. We will make any arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to call us at (978)688-9502. 2 pf NORTH q SSHCHH`'�' 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." To the Voters of North Andover: Introduction Since the last Town Meeting, our Town management has been executing based on the direction given by our boards and the Town Manager, with the budget that YOU, our citizens, approved. The Finance Committee asks that you carefully review this Warrant book for important information that will prepare you for this year's Town Meeting, scheduled for Tuesday, May 10 t", 2011. This report will focus on our current financial status, and look forward to what our Town can do over the next year. While it is true that our economy has had an impact on our budget, we are still presented with ongoing challenges that continue to present serious challenges as well as opportunities that will enable us to improve our Town. As an introduction to this Warrant Book, our report will present some context in hopes of providing a better understanding of our budget this year in addition to the issues on which you will be asked to vote. We started with over $3 million in spending requests beyond our revenue estimates, while the cost of running the town has increased;the departments have not proposed to expand upon current Town services. We will end with a much lower but balanced budget. What is causing the imbalance? State Aid is decreasing; local revenues cannot make up for that loss. Bargaining units have negotiated increases that, even with increased participation in health care premiums, still threaten our ability to keep pace. Here are some examples of items that make up the dynamics of this year's budget. 3 • Zero salary increases to employees' base pay have helped, however contract salaries for employees eligible for Step (seniority) increases and Column (education) increases continue to drive up overall labor costs. • Increased Debt payments due to Capital Improvement Plan (CIP) in FYll. We continue to maintain and improve our infrastructure to provide town services. We have significant debt being retired in FY14 and FY15 but those savings will not help in FY12. • $1.78 million infused in FY12 from the FY08 override continues to provide additional funds as opposed to no override. • 18% increase in health care costs, without control over health care plan design, the town CAN NOT control these costs and they will continue to increase far faster than our revenues. How does our budget look for FY2012 and thereafter? Employee related costs; salary, health and pension benefits continue to increase at rates that are considerably beyond our ability to pay. Post employment costs from unfunded pensions and retiree health benefits are actuarially unaffordable and must be controlled. Currently, there is no clear mechanism to bring these in line with affordability. Budgets will rapidly increase the demand for retiree funds, at the cost of our ability to provide current services. Stimulus Monies These were one time monies used to help us through a crushing recession. They are not available in FY12. What has the Finance Committee done to help the Town this year? The Finance Committee has worked to fulfill all of our normal duties. Our function is to review and recommend actions to Town Meeting, our town's legislative body. We review all financial matters of significance and recommend to Town Meeting various courses of action. We are not a policy making board. Here is a listing of our more significant work for you: • Centralization of Services We continue to insist that centralization of services within the town, such as Facilities, IT, Payroll, and Human Resources can provide better services at lower costs by removing redundancies and cultivating expertise in these fields. • Monitor Revenue Estimates Adjust and analyze the amounts set forth in the Revenue and Fixed Cost Committee Report due to updated year-to-date figures and other information. 4 • Recommendations on Warrant Articles The adoption of numerous motions that pertain to the recommendation of warrant articles as presented at Town Meeting. • Capital Improvement Plan (CIP) proposals The Finance Committee is recommending roughly $600,000 in decreases from proposed General Fund CIP projects. We are recommending taking advantage of the State's "Green Initiative" to support three school based repairs and facilities upgrades at a net savings of about $310,000. These projects will help reduce energy consumption as well as prevent damage to the buildings. What about the use of reserve funds? The Finance Committee has been united on this topic for years. A stabilization reserve of 5%- 10% of our budget is the generally accepted level for the Town. At 5%, it would mean a $3.9 million fund balance in FYI 1. We currently have $2.26 million in the Stabilization Fund, and should be making prudent, regular deposits into that fund at least until such time as it reaches the minimum of the target range (5%). The Board of Selectman's (BOS) budget policy statement suggests that we deposit 50% of positive free cash into the stabilization fund. We believe that this is one of several prudent ways to increase our unreserved fund balance. This is consistent with the goals that we have recommended to deposit $50 thousand of the total proceeds generated by the Meals Tax (if it passes) into the Stabilization Fund. What should the Town do to improve our budget for the future? Fostering a growing, prosperous community that can be enjoyed by all of our citizens supported by healthy and abundant town services is our goal. This also means that we avoid placing an undue tax burden on our citizens. Some of the steps we should work on include: • Control expenses—All efforts must be made to use our money efficiently. This includes reducing energy costs and other resources. At the top of this list is an effort to control our health care costs. • Control labor costs — Our predictive financial model continues to indicate that labor cost beyond I%per year are not sustainable. All collective bargaining agreements are far from that number. • Properly account for fully loaded labor costs — Currently, the town does not adequately budget for all labor cost. For example, when we hire someone, we often only budget for salary, failing to factor in retirement, health care, and other costs. We've gotten slightly better at understanding the current benefits costs of labor, but have no mechanism to account for future employee cost: Pension and retiree health care. 5 • Better facilities management — The Finance Committee recommends filling the previously funded position for a Town wide facilities manager who would have responsibilities to manage all School and other Town buildings. • Build our Reserves—We should build our reserves up to the recommended 5% level. • Use forecasting to guide our planning—In general, we would like to avoid the need for an Override. Use of forecasting tools helps us better plan our capital expenditures and allow the Town to grow without the need for extraordinary spending. • Commercial Development — Encourage the Town to foster prudent commercial development. What changes does the Finance Committee recommend to improve our financial health? The Committee has been looking at methodologies, management tools, and systems that the "! policy-malting boards, departments, and the Town Manager could adopt to strengthen financial management. It is clear that revenues cannot keep pace with expenses; therefore, the only alternative to maintaining our service levels is to better manage the dollars we spend. Some of the management controls have already been implemented while others are in the proposal stages. These changes we believe are having a positive impact on the financial management in these extraordinarily difficult times. NEWLY ADOPTED MANAGEMENT STRUCTURES: • CENTRAL SUPPORT SERVICES: The continuous development of a Support Services function containing IT, Purchasing, and Facilities is an important step toward gaining service efficiencies. • STANDARDIZED BUDGET FORMATTING: The Financing Committee finalized a standard budget format to be used by the School Department and General Government, which will allow for easier year over year comparisons and bring the budget format in line for all Town Departments. The Town Manager has used this format for years. This year the School Department presented all budget related information in this format making it more thorough and efficient for the Finance Committee to understand and analyze the proposed budget. PROPOSED ADDITIONS/CHANGES: • FACILITIES MANAGER: The Finance Committee in late 2007 prepared a report outlining the need for the establishment of a Facilities Manager position within the Town. In FYI 1, Town Meeting voted to include a Facilities Manager in the Support Services budget. This position was leveled, its duties defined, the job is open and candidates are now being actively recruited. 6 • PROOF OF RESIDENCY POLICY: We continue to urge the School Department to adopt a policy that requires proof of residency annually. This will ensure that only North Andover residents are receiving the educational services provided through our tax dollars. Other municipalities, like Andover, currently require some proof of residency each year. • INTERNAL AUDITS: Each year the Town's finances are audited by an independent external auditing company. This results in a formal report to the Board of Selectmen and the town on the overall financial condition of the town. The auditors were pleased with what they found in North Andover. However, these auditors will only review issues of "material" significance; usually this means amounts over $300,000. Issues under that are considered out of scope for their review. This leaves considerable room for further oversight. The best way to prevent issues is by active oversight of monetary and non- monetary compliance and controls at all levels. An office of internal audit could provide further structure and review to our controls already in place. • POST EMPLOYMENT COSTS: Unfunded liabilities for post employment costs such as pensions and retiree health care loom large in our future. This funding must come directly from our operating budget. Our auditors estimate that our accrual to fully fund these liabilities would equal seven million dollars per year over 20 years. These benefits have no strategic plan currently in place to fund them which is why there is a warrant article to create such a fund. Without some level of reform of these benefits, Towns could be in danger of insolvency. How is our Town Budget? Our proposed expenses continue to outpace our revenues. Here are some of the items that changed per the findings of the Revenue & Fixed Cost Committee (RFCC)*I, the initial town proposal*2, and the initial school proposal*3: (PY=Prior Year) Prop 2 '/2+New Growth revenue*1 $1,887,222 or 3.4%increase (Flat from PY) Local Receipts revenue*1 $84,830 or .38% increase (�from+3%) State Aid revenue*1 -$828,871 or-9.53% decrease (� from+9.63%) Free Cash*1 $690,952 up from $0 in prior year Town Departmental Expenses*2 $1,241,836 or 6.97% increase School Departmental Expenses*3 $1,329,463 or 3.59% increase Non Departmental Expenses*1 $2,347,472 or 19.08% increase Overall Starting Deficit (from requests) 3 084 638 7 Conclusion We hope this format of introduction has provided you with sufficient background to make good use of the rest of this Warrant Book. Certainly some of the information will have changed between the time this book was printed and the date of our Town Meeting on Tuesday, June 7, 2011 at the North Andover Middle School. However, the big picture is likely to remain unchanged, presenting ongoing concerns and challenges for our town. Your participation in this process is important. This is your town, and the decisions made at the Town Meeting will affect your daily lives, your hard earned dollars, and your quality of life here in North Andover. Please take the time to attend and actively participate. Thank you for your time and attention. Respectfully Submitted, North Andover Finance Committee Mark Rodgers, Chairman Ramsey A. Bahrawy, Vice Chairman Peter Besen Thom Dugan Alan LeBovidge Robert Norbedo Ben Osgood Matthew Remis Bonnie Wilkinson 8 The following are the Moderator's Simplified Rules of Parliamentary Procedure and an explanation of various aspects of our North Andover Town Meeting. Town Meeting Rules of Parliamentary Procedure (Simplified Form) The rules of North Andover's open Town Meeting are based upon the traditions established by the citizenry of New England communities, acting as legislators of their local governments. More than 250 Massachusetts towns conduct "open town meeting", wherein each registered voter in attendance has an equal voice in the decision making process. Specific parliamentary rulings within our meetings are made by the Moderator, using Massachusetts General Laws, the North Andover Charter, North Andover By-Laws, and local tradition as the basis for these decisions. Although not formally adopted for North Andover's meetings, the book "Town Meeting Time, A Handbook of Parliamentary Law", published by the Massachusetts Moderators' Association, often provides guidance for unusual situations. Roberts' Rules, more suited to regularly recurring meetings of an established board, are not applied. Town Meetings of Massachusetts towns are similar, but not identical; local traditions can significantly affect local proceedings. North j Andover's meeting procedures are intended to present questions clearly to the voters, with minimal confusion, for their decision. At any North Andover Town Meeting: 1. The first action required after the announcement of any Article on the Meeting's Warrant is that a Main Motion be proposed, before discussion and debate can begin. The sponsors of an article, or town boards with recommendations, are likely sources of a main motion. 2. Anyone wishing to address the meeting should seek the attention of the moderator when no other speaker has the floor. Public microphones are available, where a speaker seeking to be recognized will call out"Mr. Moderator..." 3. Once recognized by the moderator, a speaker is normally limited to five (5) minutes to address the meeting on the current article. Exceptions (for extended time) can be granted by a vote of the meeting, or by prior arrangement with the moderator, particularly if visual displays will be used (See `A Special Note on Visual Presentations', below). Questions are welcome, as well as statements endorsing a position. 4. Each speaker should introduce him/herself, using name and street address the first time speaking at any session of Town Meeting. If acting as attorney or paid agent for another, that should be disclosed at the start of any remarks. 9 5. All remarks should be addressed to the moderator (although obviously all are listening). Direct interrogation of previous speakers is not permitted. 6. An amendment (changing the main motion) can be offered during the course of debate, and will change the discussion to consider the proposed amendment (only). Specific wording of any proposed amendment should be made available to the moderator and town clerk. 7. While deliberation and debate are fundamental to'Town Meeting, in due course it will become apparent that voters have received essential information, and are ready to act. There has been no established parliamentary method of suppressing debate; voter reaction and the moderator's guidance tend to discourage repetitious statements. 8. Votes are taken by various methods - voice (Ayes and Nays), a "show of hands", or a counted vote. For other than a counted vote, seven (7) voters may doubt the announced vote by rising and standing in place; such doubt will cause a counted vote to be taken. 9. Most issues will be decided by a simple majority of those voting; issues requiring a two-third (2/3), four-fifth(4/5), or other majority will be clearly identified to the meeting. A Glossary of Town Meeting Terms: Town Meeting-A duly-called meeting in which all registered voters are eligible to participate. It is the Town's legislature, where fiscal issues, zoning changes, by-law amendments, and other matters affecting the Town are decided. A regular(Annual) Meeting is held each May to decide issues for the fiscal year starting in July. A (Special) Town Meeting may be called at other times, to deal with issues that cannot wait for the next Annual Meeting; a Special Town Meeting is called by the Selectmen; a petition of two hundred (200) voters will cause one to be called. Warrant - Public notice of business to be considered at Town Meeting. It is publicly posted throughout the Town, sets a time and place for the meeting, and contains one or more articles. The warrant is opened by the Selectmen for article submission prior to the meeting, and closed well in advance of the meeting. Article - Definition of an issue to be decided at the meeting. Individual matters are described in articles so that all voters are warned of potential action to be taken. The scope of each article sets the bounds of actions that may be taken. Articles are submitted by Town agencies, or citizen petitions of ten (10) at annual meetings, or one hundred (100) at special meetings. Main Motion - Required under the article (and within its scope) for the meeting to act. It may be as simple as "To adopt the article, as printed in the warrant" or a more complex action, as long as the article's scope is not exceeded. A main motion should be made and seconded for discussion to proceed; a favorable recommendation from the Finance Committee will be taken as a main motion, made and seconded. Whenever possible, affirmative (rather than negative) main motions are preferred to avoid confusion. 10 Amendments - May be offered to a main motion, debated and accepted or rejected. Complex amendments should be submitted to the Moderator in writing. Individual amendments will be considered in turn; amendments to amendments are discouraged. The resultant (possibly amended)main motion will ultimately be voted upon. Reconsideration - Of action under an article may be proposed only once. The option is useful when inter-dependent decisions are to be made under separate articles; it is dangerous when introduced after a hard-fought decision has been made, and there has been a change in the audience. Introducing a motion to reconsider immediately after a hard-fought decision, with the expectation of its defeat, will effectively lock out future reconsideration. Adjournment - To another date and place certain may be proposed and voted to recess the meeting to a future session. Dissolution - Is the final act of a meeting. All issues will have concluded, and future discussion will require another warrant for another meeting. The Players Voters - The ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials. Moderator - Elected, responsible for the conduct of the meeting. Parliamentary rulings, conducting of the debate, and voting are vested solely in the Moderator. Town Clerk - Appointed by the Town Manager, responsible for distributing notice of any Town Meeting, keeping all public records associated with meetings, and producing the final recorded minutes of actions voted. The Town Clerk's minutes are the only tangible result of much thoughtful debate, and voting; they are used in formal enactment of local laws. Selectmen - Elected, responsible for calling the meeting and ordering the warrant. This executive board is often authorized by the meeting to act in the Town's behalf between Town Meetings. Finance Committee - Appointed by the Moderator, responsible for recommending on financial and often other articles. This cross-section of citizens has the opportunity to investigate articles proposed to the meeting and make independent recommendations. Planning Board - Appointed by the Town Manager, responsible for administering the Town's Zoning By-law. This board is required to hold hearings and make recommendations on articles which effect zoning or environmental issues. Town Counsel - The Town's Attorney, appointed by the Selectmen. Counsel will make legal ruling, and advise the meeting, as needed. 11 Other Players - The following participants have strong interest in assuring the meeting's success. They will propose issues and supply information to the voters: School Committee Town Manager Superintendent of Schools Town Accountant Department Heads Town Committees Supporting Casts - The following staff supply the necessary support to conduct a meeting of this size: Registrars of Voters ! Voter Check-in Clerks Counters Public Safety Officer Facilities Manager of the Building used A Special Note on Visual Presentations Prior to the 2003 Annual Town Meeting, any speaker at Town Meeting was allowed up to fifteen (15) minutes to present material, if a visual presentation was involved. Because of an increasing number of such presentations, together with decreasing patience of many Town Meeting attendees, it is planned that different rules will apply this year. If more than the nominal five (5) minutes is required: • Visual presentations by Town agencies, with similar recommendations on an article, will be consolidated into a single presentation. That presentation, coordinated with the moderator at least one week prior to a town meeting, may exceed 15 minutes, but will reduce the time needed for multiple presentations. • Visual presentations by citizens or citizen groups must also be coordinated with the moderator at least one week prior to a town meeting. The moderator will encourage consolidation of presentation material,to benefit the attending voters, and to achieve balance during the debate. • "One picture is worth one thousand words." — should be the guiding principle of visual presentations. Any information that is unable to be conveyed easily in verbal form (maps, images, graphs) is a good candidate for visual display, improving the deliberations. Any visual display must be able to be easily viewed by all attendees at Town Meeting. (If a display cannot be seen beyond the first few rows of the audience, it is not acceptable for use.) Technical assistance and arrangements for display equipment can be coordinated 12 with the Town Clerk or Moderator, preferably at least one week before the meeting. Computer, projectors and screens are available; use of an overhead projector is discouraged. Courtesy Issues: • Address the meeting with new information, to persuade undecided voters. Re-iterating old information as a show of support takes time and does little to affect the outcome of a vote. • Please refrain from applause or negative jeers during discussion. • Brevity in remarks shows respect for the value of your neighbor's time. The most persuasive statements at Town meeting are often the most succinctly stated, retaining the audience's full attention. Participation at Town Meeting is an American tradition, one which differentiates New England towns from other regions and from larger cities. Decisions made by these meetings are somehow more satisfying than those delegated to elected boards or paid staff. Help maintain this tradition by joining with neighbors to discuss the issues. We will respect the value of your time and participation. Charles A. Salisbury, Town Moderator (978) 685-1568 Charlie@Salisbury.org 13 Town Bylaws Affecting Town Meeting 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 Town Meetings. 59.3. Reconsideration Vote'- Unless the Moderator shall otherwise rule, for reasons'which he shall state to the I meeting, no second motion for reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. 59.4. Secret Ballots -'',Upon motion duly made'and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote'of at least twenty-five percent (25%) of the voters' present at said Annual or Special Town Meeting shall be voted upon by Australian (Secret)' Ballot. Massachusetts General Law also provides: Chanter 39: Section 17 Powers of Moderator; Preservation of Order - No person shall' address a town meeting without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If,a person, after warning from the moderator, persists in disorderly behavior, the moderator may order him to withdraw from the meeting, and, if he does not withdraw,may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned. 14 TABLE OF CONTENTS Article# Title of Article Page # Article 1. Reports of Special Committees 17 Article 2. Reports of Receipts and Expenditures 17 Article 3. Authorization of the Town Manager or Superintendent of Schools Regarding 18 Contracts in Excess of Three Years Article 4. Authorization to Accept Grants of Easements. 18 Article 5. Authorization to Grant Easements 18 Article 6. Compensation of Elected Officials 19 Article 7. Prior Years Unpaid Bills 20 Article 8. Establishment of Revolving Funds 21-22 Article 9. Senior Work Program—$18,000 Authorization 23 Article 10. Amend General Fund Appropriation For Fiscal Year 2011 24-25 Article 11. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for 25 Fiscal Year 2011 Article 12. Amend Capital Improvement Plan Appropriations from Prior Years 26-27 Article 13. Amend Zoning Bylaw, Section 8.9 Wireless Service Facilities 27-46 Article 14. Amend Zoning Bylaw— Section 3 Zoning Districts and Boundaries, 47 Subsection 3.1 Establishment of Districts Article 15. Tax Increment Financing Plan—4 W High Street, Mansur Investments, 47-48 Converse, Inc. and/or Schneider Electric Article 16. Adoption of Massachusetts General Laws Chapter 64L Section 2(a)—Local 48 Meals Excise Tax Article 17. Appropriate Additional $12,000,000, Subject to Proposition 2 %2 Override 49-50 vote, for Special Reserve Funds. Petition General Court for Special Legislation Article 18. General Fund Appropriation Fiscal Year 2012 51-57 Article 19. Establish and Appropriate Special Stabilization Fund—Reserve for Future 57 Payroll Article 20. Appropriation of Funds into the Other Post Employment Benefits Liability 58 Trust Fund Article 21. Appropriation of Funds into the Stabilization Fund 58 Article 22. Appropriation of$40,000 to Maintain Current Program Manager Position in 59 the Elder Services Department Article 23. Authorization to Transfer Funds from the Health Department Food 59 Consultants Revolving Fund to the Health Department Article 24. Water Enterprise Fund Appropriation-Fiscal Year 2012 60 Article 25. Sewer Enterprise Fund Appropriation-Fiscal Year 2012 61 15 TABLE OF CONTENTS-CONTINUED Article 26. Stevens Estate at Osgood Hill Enterprise Fund Appropriation- Fiscal Year 62 2012 Article 27. Capital Improvement Plan Appropriation Fiscal Year 2012 63-67 Article 28. Amend Zoning Bylaw-Amend 4.122.14-Resident 4 District-Permitted Uses 67 Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund 68-69 Article 30. Petition the General Court-Municipal Group Insurance Committee 70 Legislation Article 31. Petition the General Court: Special Act to Exempt the Town of North 71 Andover from Portions of the Prevailing Wage Act Article 32. Petition the General Court- Collective Bargaining Agreements-Town 72 Meeting Approval of Funding Article 33. Petition the General Court to Change the Town Charter: Chapter 4-7-1, 72 Responsibilities for Disbursements Article 34. Petition the General Court—Age Exemption—Sean C. Lewis, Sr.— 73 Firefighter Article 35. Town By-Law, Amend Chapter 146, Recreational Uses on Lake 73 Cochichewick and its Tributaries—Add New Section 146-2,Rules and Regulations Article 36. Town By-Law,Amend Chapter 88, Dogs—Add New Section 88-9— 73-74 Vaccination Required for Dogs Article 37. Amend General Bylaws Chapter 69 - Fire Alarms-Section 69-2 -Alarm 74-75 Installation and Permit Requirements—Subsection E, Changing Effective Date from July 1, 2012 to July 1, 2014 Article 38. Road Way Acceptance - Carter Field Road 75 Article 39. Authority to Dispose of Interest in Land (Rear of Chickering Plaza) 76 Article 40. Transfer of Town Owned Land to the Care, Custody and Control of the 76 Conservation Commission 16 F re, i i SS�CNJS� Town of North Andover Annual Town Meeting Warrant Tuesday June 7, 2011 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 Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover Middle School, 495 Main Street, Tuesday June 7, 2011, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Or to take any other action relative thereto. Board of Selectmen I 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 2010 Annual Town Report; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action 17 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 interest of the Town by vote of at least four (4) members of the Board of Selectmen or the School Committee, as appropriate; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of 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 Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 5. Authorization 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 Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 18 Articles 6, 7, 8, and 9 may be considered by a single vote, if there is no objection (requires unanimous consent). I _ I Article 6. 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: 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 addition $500 j Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: No Recommendation FINANCE COMMITTEE EXPLANATION: In 2006, 'Annual Town Meeting passed a Citizen's Petition to remove health insurance benefits for elected officials, at a substantial saving to the town. The 2007 Annual Town Meeting voted an increase in the salary and compensation of elected officials. This article seeks to maintain the current >.level of salary and compensation of elected officials. 19 Article 7. Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior years, by respective departments, using appropriations of the current fiscal year; Prior Year Invoices—FYI 1 Vendor Amount Department National Grid $ 8,109.13 Public Works National Grid $ 865.62 Public Works National Fire and Security $ 8,079.53 School Department Rovic $ 52.01 School Department Northeast Turf Services $ 5,500.00 School Department OCE Imagistics, Inc. $ 1,702.65 School Department Total $24,638.94 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION: Any prior year bills brought forward before ' Town Meeting will be included in this article.; Typically, the current year's budget provides the money to pay such past bills. This type of Article has a special voting requirement of 4/5th at an Annual Town Meeting. 20 Article 8. Establishment of 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, Section 53E V2 for the Fiscal Year beginning July 1, 2011; Revolving Fund Accounts Account Revolving Authorized to FY 2012 Number Fund Spend Use of Funds Revenue Source Limit 1. Wheelabrator Director- Air quality Wheelabrator Host 2031204 Planning Community monitoring Community $ 35,000 Development Agreement 2. Wheelabrator Director- To enforce Trash Wheelabrator Host 2031205 Public Safety Community Truck regulations Community $ 20,000 Development Agreement 3. Wheelabrator Director- Protection of Wheelabrator Host 2031206 -Health Community health, safety and Community $ 18,000 Development monitoring the air Agreement quality 4. 2031207 Health Dept- Director- Food Consultant Inspection Fees Food Community fees and expenses $ 20,000 Inspections Development related to program 5. 2031208 Health Dept- Director- Septic Consultant Inspection Fees Septic Community fees and expenses $ 30,000 Inspections Development related to program 6. Field rental fees, 2031210 Field Director- Field maintenance, Grants,Donations, $ 10,000 Maintenance Division of upgrade and and related Fund- Public Works related expenses raising proceeds 7. Clinic participant 2031211 Health Dept Director- Clinic supplies and fees, Grants, $ 30,000 Revolving Community other related donations,related Development materials Fundraising proceeds 8. Youth and All programs and Participants'fees, 2031213 Recreation Assistant activities, expense, Grants,Donations, $ 250,000 Services Town Manager part time help and related Fund- Revolving raising proceeds 9. Participants'fees, 2031217 Elder Assistant Senior programs, Grants,Donations, $ 20,000 Services Town Manager classes and and related Fund- -COA Revol activities raising proceeds 10 Stormwater Director- Review,test and Review Fees $ 50,000 Bylaw Community inspect Stormwater Development reports TOTAL $ 483,000 21 Revolving Fund Account Recei` is and Ex` enditures Receipts Account Balance FY10 FY10 Balance thru Expenditures Number Revolving Fund 7/1/09 Receipts Expenditures 06/30/10 03/31/11 thru 03131111 Balance 1, Wheelabrator 2031204 Planning $ 57,308 $25,000 $ (16,680) Q 65,628 $ 25,000 $ (17,890) $ 72,738 2. Wheelabrator 2031205 Public Safety $ 58,328 $15,700 $ (38,264) $ 35,764 $ 13,040 $ (3,804) $ 45,000 3. Wheelabrator- 2031206 Health $ 20,988 $ $ (2,000) $ 18,988 $ - $ (18,988) $ 0 4. Health Dept- 2031207 Food Inspections $ 75,457 $26,375 $ (44,007) $ 57,825 $ 22,665 $ (6,826) $ 73,664 5. Health Dept- 2031208 Septic $ 17,749 $10,919 $ (15,984) $ 12,684 $ 11,735 $ (11,471) $ 12,948 Inspections 6. Field 2031210 Maintenance $ 14,268 $ 8,600 $ - $ 22,868 $ 1,075 $ (4,054) $ 19,889 7. Health Dept 2031211 Revolving $ 9,722 $ 32,694 $ (25,179) $ 17,237 $ 14,888 $ (15,850) $ 16,276 g, Youth and 2031213 Recreation $ 295,219 $280,842 $ (305,341) $270,720 $ 86,417 $ (205,782) $151,354 Services Revolving 9. Elder Services 2031217 -COA $ 2,410 $ 15,895 $ (16,388) $ 1,917 $ 18,030 $ (15,898) $ 4,049 Revolving Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE 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 1,2011 and ending June 30,2012.' 22 Article 9. Continuation of Massachusetts General Laws Chanter 59 Section 5K — Senior Work Program — $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program in the amount of$18,000; Or to take any other action relative thereto. Council on Aging Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION: The law referred to Provides in substantial part the following: Chapter 59: Section SK. Property tax liability reduced in exchange for volunteer services; persons over age 60 Section 5K. In any city or town which accepts the provisions of this section, the board of selectmen of a town ... may establish a program to allow persons over the age of 60 to volunteer to provide services to such city or town. In exchange for such volunteer services, the city or town shall reduce the real property tax obligations of such person over the age of 60 on his tax bills and j any reduction so;provided shall be in addition to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of, or be credited with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction nor shall the reduction of the real property tax bill exceed $750 in a given tax year. ... Such cities and towns shall have the power to create local rules and Procedures for implementing this section in any way consistent with the intent of this section. At last year's Town Meeting, the spending limit under this program was increased from $13,000 to $18,000. This total increased the number of seniors'who could participate from 16 to 24 seniors''(assuming all participants earned the maximum of$750). This Article seeks to continue the funding limit approved at last year's Town Meeting of$18,000. Participants are selected by lottery if more than 20 apply'. The program administrators`may also choose to support more seniors at less than $750 each at their discretion. The funds that implement this Article come from the Overlay and not directly from the General Fund, although over time it has the same effect since all money left over in the Overlay ' is eventually returned to the General Fund as surplus. 23 Article 10. Amend General Fund Appropriation For Fiscal Year 2011. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2011 as voted under Article 20 of the 2010 Annual Town Meeting and Article 3 of the November 17, 2010 Special Town Meeting ; Decrease General Government by $110,527 for a revised total of$2,102,242 Decrease Public Safety by $153,728 for a revised total of$8,769,674 Decrease Education by$10,000 for a revised total of$36,974,521 Increase Snow and Ice Removal by $407,101 for a revised total of$1,147,187 Decrease All Other Public Works by$62,368 for a revised total of$3,107,848 Increase Health and Human Services by $239 for a revised total of$942,390 Decrease Culture and Recreation by $12,430 for a revised total of$815,080 Decrease Support Services by $84,288 for a revised total of$908,905 Increase Employee Benefits by$6,000 for a revised total of$12,310,378 Increase Capital and Reserves by $20,000 for a revised total of$393,167 For a Total Net(Decrease)/Increase of$0 and a Revised Total Appropriation of$75,041,472 Or to take any other action relative thereto. Amount Voted under Amount Voted Article 3 Under Article 20 11/17/10 Revised Amend Revised General Fund Appropriation 05/12/10 ATM STM Total ment Total GENERAL GOVERNMENT 2,228,769 -16,000 2,212,769 -110,527 2,102,242 PUBLIC SAFETY 8,882,536 40,865 8,923,401 153,728 8,769,674 EDUCATION 36,984,521 0 36,984,521 -10,000 36,974,521 SNOW AND ICE REMOVAL 740,086 0 740,086 407,101 1,147,187 PUBLIC WORKS 3,170,216 0 3,170,216 -62,368 3,107,848 HEALTH&HUMAN SERVICES 942,151 0 942,151 239 942,390 CULTURE&RECREATION 827,510 0 827,510 -12,430 815,080 SUPPORT SERVICES 1,048,193 -55,000 993,193 -84,288 908,905 DEBT SERVICE 6,912,660 0 6,912,660 0 6,912,660 EMPLOYEE BENEFITS 12,335,378 -31,000 12,304,378 6,000 12,310,378 LIABILITY INSURANCE 300,641 -6,953 293,688 0 293,688 CAPITAL&RESERVES 0 373,167 373,167 20,000 393,167 FINANCE COMMITTEE RESERVE 100,000 -100,000 0 0 0 GREATER LAW TECH SCHOOL 362,832 0 362,832 0 362,832 SCHOOL BUILDING COMMITTEE 900 0 900 0 900 Total Town Meeting Appropriation 74,836,393 205,079 75,041,472 0 75,041,472 24 Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION: This article seeks to transfer monies from accounts with surpluses to accounts with deficits for FY2011. This action moves monies to accounts that are now known to require funds and reduces or eliminates the need to carry deficits into the FY2012 budget. Article 11. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2011. To see if the Town will vote to amend the vote taken on Article 23 Stevens Estate at Osgood Hill Enterprise Fund Appropriation- Fiscal Year 2011 at the 2010 Annual Town Meeting to decrease total appropriation in aggregate by $12,795 for a revised total appropriation of $280,389. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE Amount Voted Under Article 2305112110 ATM Amendment Revised Total Personnel 103,282 -9,128 94,154 Expense 143,442 -3,667 139,775 Debt Service 0 0 0 Sub-Total Direct Expenditures 246,724 -12,795 233,929 Admin/Indirect 46,460 0 46,460 Total Stevens Estate Enterprise 293,184 -12,795 280,389 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 25 Article 12. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan appropriations for prior Fiscal Years so that the following amounts which represent excess bond and note proceeds which are no longer needed for the completion of the respective project be applied to new projects as follows: Amount Project Date/Article Date of New Project General Fund Number Bonds $ 82,461.27 Downtown 05/13/09 06/01/08 Elm Street Streets and Art. 12 Project Sidewalk $102,000.00 Tractor 05/13/08 06/16/09 Two Track Multi Purpose Art. 14 Sec. 6 Loaders with Attachments $184,461.27 Water Enterprise Fund $ 7,264.31 Additional 05/02/94 Serial Water System Water Supply Art. 9 Sec. 15 Note Improvements $ 7,466.69 Bradford Street 05/14/01 04/01/02 Standpipe Art. 8 Sec. 16 $ 16,000.00 Sutton Hill 12/05/05 09/20/06 Water Tanks Art. 8 $311,544.01 Water Sys/Wtp 05/13/02 06/15/03 Improve. Art. 11 Sec. 21 $ 3,578.91 Sutton Hill Water 05/13/02 06/13/03 Improve. Art. 11 Sec.21A $ 22,900.00 Bear Hill 05/10/04 06/13/05 Reservoir 2005 Art. 11 Sec. 22 $ 1,825.53 Water Main 05/10/04 06/13/05 Rehab. 2005 Art. 11 Sec. 24 $ 46,248.94 Water Security 05/09/05 09/20/06 System 2006 Art. 10 Sec. 6 $156,980.42 Lake Outlet 05/09/05 09/20/06 Structure Art. 10 Sec. 7 $ 17,335.31 Water Main 05/8/06 Serial Rehab. 2007 Art. 24 Sec. 15 Note $ 56,728.65 Water Main 05/14/07 06/17/08 Rehab. 2008 Art. 21 Sec. 19 $647,872.77 26 Or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action This article seeks to transfer unexpended bond proceeds from previous Capital Improvement Projects to new projects. By applying unexpended funds to new projects, the amount to be raised for these new projects will be reduced. Since these funds were already bonded, certain restrictions apply to the Town's ability to transfer these funds. The new, use must be similar to the original bond intention and with a similar useful lifetime. Article 13. Amend Zoning Bylaw, Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless Telecommunications Overlay District: Section 8.9 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town. The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit j to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, and preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996 in that: 27 I. it does not prohibit or have the effect of prohibiting the provision of Wireless Services; 2. it is not intended to be used to unreasonably discriminate among providers of functionally equivalent Wireless Services; 3. it does not regulate Wireless Services on the basis of the environmental effects of radio frequency emissions beyond requiring compliance with the Federal Communication Commission's regulations concerning such emissions. d) If the application of any of the provisions of this Bylaw results in a violation of the Federal Telecommunications Act of 1996, then the Federal Act shall supersede that particular provision of this Bylaw. In determining whether the Federal Act supersedes a provision of this Bylaw, such that the Planning Board must disregard that provision, the Planning Board shall consider whether the applicant has proved that: (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site. The Planning Board may hire, at the applicant's expense, an independent engineer or l other expert to review and report upon the application and related documents. 2) Definitions for Purposes of this Section 8.9: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero elevation) can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." e) Carrier. A company that provides wireless services. f) Co-location. The use of a single mount or monopole wireless service facility (monopole) by more than one carrier (vertical co-location) and/or the locating of more than one carrier's wireless service facility in or on a preexistent building or structure. g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation. The measurement of height above mean sea level. i) Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA)when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services 28 (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. 1) GPS. Ground Positioning System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount made with cross bracing of structural steel. It may be either self supporting or guyed. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete or other material and a platform (or racks) for panel antennas arrayed at the top. q) Mount. The structure or surface upon or in which antennas are mounted, including but not limited to the following four types of mounts and each mount shall be low profile mounted: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted in or on a pre-existent building or structure. r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions. s) Panel Antenna. A flat surface antenna usually developed in multiples. t) Preexisting Structure: A preexisting wireless service facility. u) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. v) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. x) Separation. The distances between one array of antennas and another array. y) Stealth Antenna. An antenna, dish or other facility--not including ground based support facilities—which is fully concealed inside a building such that no part of the stealth antenna is visible from street level. This definition shall only apply to antennae, monopoles and antenna-like devices and not to any equipment necessary for the operation of the antennae-like devices, which equipment may be located outside the pre-existing structure. z) Utility. A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other 29 utility services. aa)Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, monopoles, antennae, antennae support structures, panels, dishes and accessory structures. bb)Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, as amended. 3) General Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall obtain a special permit from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. iii) No wireless service facility shall be located in the Town except upon issuance of a special permit. Small scale wireless facilities which satisfy the conditions in order for the Federal Communications Commission's Over-the-Air Reception Devices ("OTARD") rules to apply and which are consistent with the OTARD rules are exempt from this bylaw. iv) As required by the federal Telecommunications Act of 1996, there may be no regulation of a wireless service facility on the basis of the environmental effects of radio frequency emissions, other than as required by the Federal Communications Commission. v) The installation, construction, or other placement of new lattice towers or guyed towers (as distinguished from those existing at the time of the inception of this Bylaw) shall not be permitted. b) Location: i) The Wireless Telecommunications Overlay District (WTOD) is intended to protect the resources of the Town, while allowing adequate Wireless Telecommunications to be developed. The WTOD is an overlay district mapped over other districts. It modifies and where there is inconsistency, supersedes the regulations of such other districts. Except as so modified or 30 superseded, the regulations of the underlying districts remain in effect. Any use of lands within the WTOD for purposes of placement, construction, modification or removal of Wireless Service Facilities shall be subject to the requirements of Section 8.9 of this Bylaw. The District includes the properties listed below. These properties are included by reason of their potential to provide technically feasible and accessible locations for the siting of facilities which can provide adequate wireless telecommunications services to the Town. Properties not currently in the WTOD can only be added to the WTOD by vote of Town Meeting. ii) Upon issuance of a Special Permit by the Planning Board, a Wireless Service Facility may only be installed in the following districts and properties except as also provided in subsection(iv): 1. All parcels within the following zoning districts as of March 1, 2011: Business 2 and 3; Corridor Development Districts 1, 2 and 3; Industrial 1 and 2. 2. The following parcels on the Town Assessor's Map as of March 1, 2011: Map 108A, Parcel 3 (Commonwealth of Massachusetts) Map 90B, Parcel 11 (Commonwealth of Massachusetts) Map 106C, Parcel 17 (Commonwealth of Massachusetts) Map 106C, Parcel 16 (Commonwealth of Massachusetts) Map 106C, Parcel 7 (Commonwealth of Massachusetts) Map 106C, Parcel 43 (Commonwealth of Massachusetts) Map 106D, Parcel 5 (Commonwealth of Massachusetts) Map 106B, Parcel 215 (Commonwealth of Massachusetts) Map 106B, Parcel 214 (Commonwealth of Massachusetts) Map 106C, Parcel 30 (Commonwealth of Massachusetts) Map 106C, Parcel 32 (Commonwealth of Massachusetts) Map 106D, Parcel 4 (Commonwealth of Massachusetts) Map 106D, Parcel 14 (Commonwealth of Massachusetts) Map 106D, Parcel 13 (Commonwealth of Massachusetts) Map 106C, Parcel 3 (Commonwealth of Massachusetts) Map 106C, Parcel 8 (Commonwealth of Massachusetts) Map 106C, Parcel 9(Commonwealth of Massachusetts) Map 106D, Parcel 10 (Commonwealth of Massachusetts) Map 106B, Parcel 217 (Commonwealth of Massachusetts) Map 106B, Parcel 24 (Commonwealth of Massachusetts) Map 104A, Parcel 21(Commonwealth of Massachusetts) Map 108C, Parcel 43 (Commonwealth of Massachusetts) Map 109, Parcel 33 (Commonwealth of Massachusetts) Map 106C, Parcel 11 (Commonwealth of Massachusetts) Map 106C, Parcel 12(Commonwealth of Massachusetts) 31 Map 108C, Parcel 40 (Commonwealth of Massachusetts) Map 108C, Parcel 45(Commonwealth of Massachusetts) Map 108C, Parcel 41 (Commonwealth of Massachusetts) Map 107B, Parcel 26 (Commonwealth of Massachusetts) Map 107B, Parcel 24 (Commonwealth of Massachusetts) Map 106D, Parcel 16(Commonwealth of Massachusetts) Map 106B, Parcel 216 (Commonwealth of Massachusetts) Map 106B, Parcel 217 (Commonwealth of Massachusetts) Map 34, Parcel 21 (Commonwealth of Massachusetts) Map 108C, Parcel 42 (Commonwealth of Massachusetts) Map 104D, Parcel 47 (Manzi) Map 104D, Parcel 14 (Manzi) Map 25, Parcel 13 (Merrimack College) Map 105C, Parcel 12 (New England Power) Map 104B, Parcel 28(New England Power) Map 64, Parcel 20 (Town of North Andover—Town Forest) Map 35, Parcel 23 (Stevens Estate) Map 38, Parcel 29 (0 Johnson Street) Map 107C, Parcel 11 (0 Turnpike Street) Map 42, Parcel 02 (70 Elm Street) Map 24,Parcel 33 (401 Andover Street) Map 98C, Parcel 02 (0 Chestnut Street) Map 45B, Parcel 18 (586 Massachusetts Avenue) Map 24, Parcel 28 (451 Andover Street) iii) Subject to the exemption in subsection 8.9.12 for municipal emergency wireless facilities, prior Town Meeting authorization is required before the Board of Selectmen or School Committee enters into an agreement or lease for a wireless service facility on Town property iv) A Wireless Service Facility may be located on a parcel which is not within the WTOD, without need for a variance, if the applicant proves to the Planning Board that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site. The Planning Board may hire, at the applicant's expense, an independent engineer or other expert to review and report upon the application and related documents. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height The maximum allowed height of a wireless service facility shall not exceed 100 feet unless the applicant demonstrates that a greater height is required to allow for provision of the wireless communications services and 32 the Planning Board finds that a height over 100 feet is desirable based on a balanced review of aesthetics, safety and wireless coverage for the area. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. ii) Height, Stealth Antennae Any stealth antenna that is not visible from street level is exempt from the general height requirement in 3 (c) (i) above and must conform to the setback requirement in 3 (c) (v) . iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure on which it is mounted nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally nonconforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexisting Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: guyed towers, lattice towers, fire towers and monopoles. v) Setbacks (1) In any zoning district, including the WTOD, a minimum setback of 600 feet from the nearest residential building shall be required for all wireless devices, antenna and their mounting structures, not approved or installed at the time of the adoption of this bylaw. In any zoning district, including the WTOD, if the applicant can prove that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site with a 600 foot setback, then the setback provision shall be reduced to 400 feet. In any zoning district, including the WTOD, if the applicant can prove that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site with a 400 foot setback, then the setback provision shall be reduced to 200 feet. Notwithstanding the foregoing, in order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility (except a stealth antenna) to any property line, shall be 2x the height of the facility, including any antennas or other appurtenances. This set back is considered the "fall zone". 33 (2) In the event that a preexisting structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexisting non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i) Camouflage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexisting architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexisting building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and vegetation in all directions to create an effective year-round visual buffer but only if the surroundings make the foregoing requirements feasible. Ground-mounted wireless service facilities in excess of 50 feet shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure whichever is greater, in all directions but only if the surroundings make the foregoing requirements feasible. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. However, antennas installed on utility poles, signs or flag poles as part of a DAS shall not be required to be camouflaged. iii) Color (1) Wireless service facilities, which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters_ Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: 34 (1) Equipment shelters must be located in underground vaults; or (2) designed consistent with traditional materials, color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and /or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot- candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade. Existing lighting for pre-existent structures may remain. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within an historic structure shall not alter its character-defining features. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all applications for wireless service facilities to be located within a local historic district. d) Environmental Standards i) Applicants must comply with all Conservation Commission regulations and procedures. ii) Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on- site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall 35 not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. e) Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ii) Structural Integrity. As part of the application for special permit for a monopole or stealth antenna the applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. (See 5(d)vii.) 5) Application Procedures a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority (SPGA) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with either the SPGA at a public meeting or with the town planner, to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre- application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/'or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of 36 signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. (5) The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit under this bylaw and also at the time of application for a building permit. ii) Location Filing Requirements: (1) Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1" = 1500' showing the subject property. (4) A map and GPS showing the other preexisting and approved wireless service facilities in North Andover and outside North Andover within one mile of North Andover's boundary. (5)A report by a qualified Radio Frequency Engineer relating to (1) a claimed substantial gap in coverage and (2) the proposed facility's compliance with applicable Federal Communications Commission, Massachusetts Aeronautics Commission and Federal Aviation Commission requirements, and (3) coverage maps that include all of the applicant's existing and planned towers, antennas, micro-cells, and repeaters in the coverage area and abutting municipalities. (6) Evidence that there is no alternative site that is available and technically feasible in North Andover or an abutting municipality. Such evidence shall include an analysis by a qualified Radio Frequency Engineer of the gaps in coverage if other sites were to be used. If there is an alternative site which would provide a location to close the purported substantial gap in coverage, then the applicant must document all efforts, and results thereof, to evaluate, and obtain rights to use, the alternative site. (7) Evidence that the applicant has analyzed, as an alternative, the feasibility of using a"repeater"to provide coverage to the intended service area. (8) A description of the capacity of the Facility, including, in the case of a monopole,the number and types of antennas that it can accommodate and the basis for calculation of capacity. Description of the proposed equipment should include data as to noise, certified by an acoustical engineer, and the beam widths at ground level for the energy outputs from each Antenna sector and degree of down-tilt of each Antenna. (9) A listing of the state and/or federal permits, licenses or approvals acquired or needing to be acquired for the proposed installation. (10)A description of the terms of any co-location agreements between the 37 Applicant and any Personal Wireless Service provider. (11)A copy of the most recently recorded plan and deed for the property on which the Facility will be placed and specific documentation which shows that the applicant has the legal authority by way of ownership, purchase and sale agreement, lease or otherwise, to use the subject property for the intended purpose. iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a Registered Professional Engineer or Registered Land Surveyor in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property and property lines of all properties within 600 feet of the proposed location. (2) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. (3) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property. (4) Location of all roads, public and private, on the subject property and on all adjacent properties within 600 feet including driveways proposed to serve the wireless service facility. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (8) Contours at each 2 feet AMSL for the subject property and adjacent properties within 600 feet. (9) All proposed changes to the preexisting property, including grading, vegetation removal and temporary or permanent roads and driveways. (10) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility. (11) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from 'Sight Lines" subsection below. (12) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission, only if a filing with the Conservation Commission is required. iv) Sight lines and photographs: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential 38 building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. (2) Preexisting (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 600 feet. (3) Proposed (after condition) photographs. Each of the preexisting condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexisting public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexisting trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL. v) Design Filing Requirements for Co-Location: (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color 39 board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. vi) Design Filing Requirements for Monopole Facilities: (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. Upon notice that such a test will be required, the Applicant is responsible for making arrangements with the Board's staff so that notice of the test may be included in a newspaper of local circulation, which notice shall be 40 paid by the applicant. Photographs of the actual test from a suitable number of locations so as to depict the visual impact of the proposed facility on the Town shall be submitted to the Board at the public hearing. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturer's computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. (9) No commercial signage or advertising may be affixed to any monopole or other wireless service facility. (10)The applicant shall provide design details for the foundation of a proposed monopole, the connection of the proposed monopole to the foundation and the breakaway points of the proposed monopole. (11)The Town may retain a technical expert or experts to review, and report upon, the application. The cost for such technical experts will be paid at the expense of the applicant. vii) Structural Integrity Filing Requirements (1) At the time of application for a special permit for a monopole or stealth antenna the applicant shall provide certification by a structural engineer that the monopole or stealth antenna is structurally sound for the proposed facility. (2) Monopoles must at all times be maintained in good and safe condition. The Personal Wireless Service provider shall arrange for a professional structural engineer licensed in Massachusetts to inspect and review a monopole and all accessory buildings upon completion of construction to certify these structures are in sound condition. A report of the engineer's findings shall be filed with the Town Building Commissioner at the completion of construction of the monopole. The SPGA may require such an engineer's report to be filed after the fifth year of operation of the monopole facility and every five years thereafter. Failure to provide such a report may result in enforcement action by the Building Commissioner in accordance with Section 10.1 of this Zoning Bylaw. All costs for the inspection shall be borne by the carrier. Should the engineer or the Town Building Commissioner deem the monopole not to be sound, the owner of the monopole shall submit to the Town, within ten (10) business days, a plan to remedy the structural defect(s). Upon approval of the plan by the Building Commissioner, the remediation plan shall be completed as soon as is reasonably possible. viii)Noise Filing Requirements (1) The applicant shall provide a statement listing the preexisting and maximum future projected measurements of noise from the proposed 41 wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexisting or ambient: the measures of preexisting noise (b) Preexisting plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet Department of Environmental Protection requirements and Section 8.9(4)(d). ix) Radiofrequency Radiation (RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies and power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: (a) Preexisting or ambient: the measurement of preexistent RFR. (b) Preexisting plus proposed wireless service facilities: estimate of RFR from the proposed wireless service facility plus the preexisting RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Regulations and Guidelines and the Radiofrequency Radiation Standards subsection of this Bylaw. x) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA) that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location,type and amount(including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. xi) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed wireless service facility. 42 6) Co-location a) If feasible, wireless service facilities shall be located on preexisting structures provided that such installation preserves the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible preexisting structures upon which to locate. If the applicant demonstrates to the satisfaction of the Planning Board that it is not feasible to locate on a preexisting structure, wireless service facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings, and placement within trees. b) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are standalone facilities. Applicants are encouraged to locate within a preexisting structure having wireless facilities when feasible and when such a co-location does not interfere with structural integrity and does not result in a major change to the appearance of the structure. Applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexisting structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. c) The Planning Board may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Planning Board may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, d) If the applicant does intend to co-locate or to permit co-location, the Planning Board shall request drawings and studies that show the final appearance and operation of the drawing service facility at full build-out. e) If the Planning Board approves a co-location for a wireless service facility site, the Wireless Facilities Special Permit shall indicate how many facilities and of what type shall be permitted on that site. Facilities specified in the original Special Permit approval shall not require another Wireless Facility Special Permit, however, the addition of any facilities not specified in the original approved Special Permit shall require a new Special Permit. This allows a carrier to "pre- permit" a site for additional facilities so that the original carrier will not have to apply for an additional Special Permit. 43 f) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility (but the Planning Board may waive certain filing requirements when the Board deems it appropriate to do so) and will require a Special Permit rather than a modification when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Increasing the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the Community Development Office within 90 days of beginning operations, preexisting and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance, or why the measurements fail to comply with all applicable FCC Guidelines and Regulations. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the Community Development Office, within 90 days of the beginning of operation, preexisting and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section8.9.4.d of this Bylaw. c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Community Development Office by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove 44 the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers from the subject property. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility,the SPGA may require a carrier to place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 10)Reconstruction or Replacement of Existing Towers and Monopoles Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the Planning Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non- conforming structure. In making such a determination, the Planning Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11)Performance Guarantees a) The Planning Board may require insurance in a reasonable amount determined and approved by the Planning Board after consultation at the expense of the applicant 45 with one (1) or more insurance companies, to be in force to cover damage from the structure, or damage from transmissions and other site liabilities and may require annual proof of said insurance to be filed with the Planning Board. b) Annual certification, if required by the standards of the Federal Communications Commission, or Federal Aviation Administration or the American National Standards Institute, shall also be filed with the Community Development Office by the Special Permit holder. 12)Exempt Facilities: Municipal Emergency Wireless Service Facility Wireless service facilities necessary to provide and ensure adequate town-wide coverage for public safety communications to include Police, Fire, Ambulance, Emergency Medical Services, and Emergency Management shall be exempt from the provisions of this bylaw. Commercial or private wireless service facilities, unless they are under contract with the Town of North Andover to provide public safety communication, shall not co-locate on or utilize a municipal emergency wireless service facility and shall not be exempt under this section. Further, if said municipal emergency wireless service facility is to be located on private property, the Town must obtain the permission of the landowner. 13)Public discussion of litigation settlement At least ten (10) days prior to each public hearing of the Planning Board where a public discussion is to occur regarding any proposed settlement of litigation commenced by an applicant under this section, the Planning Board shall send notice at the applicant's expense of such public discussion by certified mail to all abutters within 300 feet of the proposed Facility. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover; Or to take any other action relative thereto Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 46 Article 14. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to the list of designated districts within the bylaw. Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown as underlined. Wireless Telecommunications Overlay District And further that the non-substantive changes to the numbering of this bylaw by the town clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 15. Tax Increment Financing Plan — 4 W HiLh Street, Mansur Investments, Converse, Inc. and /or Schneider Electric. To see if the Town will vote to approve a proposed Tax Increment Financing Plan for 4 W High Street, Assessors Map 54, Block 1, Mansur Investments, Converse, Inc. and/or Schneider Electric, (hereafter known as the TIF Plan) and authorize the Board of Selectmen to reach an agreement with the owner of the property for a parcel of land and buildings thereon. The property shall be designated as a Tax Increment Financing Zone, which as defined in the proposed TIF Plan presents exceptional opportunities for increased economic development. As outlined in the proposed TIF Plan, the Town shall provide for an exemption of property taxes or a percentage thereof based on the incremental increase in property value in assessed valuation of the property for a period of not more than 20 years and a full or partial exemption from personal property taxes in accordance with the requirements of MGLs, Chapter 23A, Section E, Chapter 40, Section 49 and Chapter 59, Section 5 and pursuant to 751 CMR 1.04(1)(b) and 402 CMR 2.18. In return for such tax benefits, in accordance with the proposed TIF Plan, the owner of the property shall ensure at the above property the location and expansion of manufacturing, research and development or other like uses which increase job creation, provide higher property values and retain and/or expand industry in the Town and the Commonwealth; Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: No Recommendation 47 FINANCE COMMITTEE EXPLANATION: Explanation to be made at Town Meeting. i I Article 16. Adoption of Massachusetts General Laws Chanter 64L Section 2(a) — Local_ Meals Excise Tax. To see if the Town will vote to accept Massachusetts General Laws Chapter 64L Section 2 (a)to impose a local meals excise; Or to take any other action relative thereto. Petition of Rebecca Abbott and others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: Favorable Action I FINANCE COMMITTEE EXPLANATION: In 2009 the Commonwealth enacted legislation (M.G.L Chapter 64L) allowing municipalities to levy,a location option sales tax on meals: Revenues generated by this local levy are solely for the use of the community in which it is generated: none of it is used for the state budget. The .75 percent is in addition to the regular 6.25 percent state sales tax. Passage of this article will generate an estimated $344,000 in new revenues available for general government and school services in FY12. A`local excise tax of.75 percent on sales of restaurant meals originating within the town of North Andover will become law by a yes majority vote of Town Meeting on this article. As an example, this would mean that restaurant bills for following amounts would have correlated tax increases in terms of the following cents: i $10'=7.5¢ $20=15¢ $50 37.5¢ $100 =75¢ 48 Article 17. Raise and Appropriate Additional Funds for Fiscal Year 2012. To see if the Town will vote that the following additional funds be allocated to the FY 12 General Fund budget and for the enumerated Special Reserve Funds contingent upon a Proposition 2 '/2 Operational Override being approved at an election called by the Board of Selectmen pursuant Massachusetts General Law Chapter 59, Section 21 C: School Department (increases in labor contracts, principally new contracts and existing contract increases for teachers and nurses) $2,000,000 Group Insurance, Special Reserve Fund for Unfunded Post-Retirement Health Insurance Benefits due Employees as of June 30, 2010 $7,500,000 Pension Benefits, Special Reserve Fund for Unfunded Pension Plan Costs due employees as of June 30, 2010 $2,200,000 Other Post Retirement Benefits, Special Reserve Fund $ 300,000 TOTAL $ 12,000,000 And to further request approval for a Home Rule Petition to establish the three aforementioned Special Reserve Funds that would be required to be annually funded from any proceeds resulting from an affirmative Override Vote solely for these purposes until such time that the funds equal the actuarial liability owed by the Town of North Andover; or to take such other actions thereto. Comment: This Article would (1) provide funds needed to prevent substantial future layoffs of town and public safety personnel and teachers due to new labor contracts being presented to Town Meeting for approval by funding any portion of the School Committee budget line item affirmatively that contains these contracts (2) start funding the existing obligations of the Town of North Andover of over $200,000,000 in unfunded Other Post-Retirement Health Insurance , Pension Obligations and Other Post Retirement Obligations debts that have been incurred by the Town and remain unpaid and unfunded by other funds. The purpose of this Article is to make the citizens aware of these current existing liabilities that are unfunded and proposed a funding financial alternative prior to the Town being forced to declare bankruptcy and/or ordered to raise taxes to fund these obligations. i Petition of Robert Ercolini and others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: To Be Made At Town Meeting 49 FINANCE COMMITTEE EXPLANATION: Proposition 2 % places constraints on the tax levy raised by a city or town from year to year. Each year a community's levy limit automatically increases by 2.5 percent over the previous year's levy limit. This increase does not require any action on the part of local officials; the Commonwealth's Department of Revenue calculates the increase automatically. However, a community can vote to permanently increase its levy limit by approving an override. This citizen's petition seeks to impose'a permanent override, increasing the tax levy to generate additional revenue in fiscal year 2012 and each subsequent year thereafter. Further, the article proposes to appropriate the proceeds of this override to the School Department ($2 million), Group Insurance Special Reserve Fund for Unfunded Post Retirement Health Insurance Benefits ($7.5 million) and Pension Benefits Special Reserve Fund for Unfunded Pension Plan Costs ($2.5 million). I 'I I 50 Article 18. General Fund Appropriation Fiscal Year 2012. 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, 2011 and ending June 30, 2012; Board of Selectmen FYll FY12 FY12 FY12 RECAP DEPT Town Mgr Board of REQUEST Recmm'd Selectmen January 2011 Town Mgr& Finance Com. Recmm'd Revenues & Other Financing Sources Operating Revenues Property Taxes 58,574,724 60,412,942 60,412,942 60,412,942 Local Receipts 8,215,833 8,300,663 8,320,663 8,495,663 State Aid 8,700,845 7,871,974 8,562,996 8,543,374 Operating Transfers 1,322,517 1,423,962 1,423,962 1,463,962 Total Operating Revenues 76,813,919 78,009,541 78,720,563 78,915,941 Other Fin. Sources Free Cash 690,952 0 0 0 Overlay Surplus 0 0 0 0 Others one time revenues 173,676 127,500 127,500 127,500 Total Other Fin Sources 864,628 127,500 127,500 127,500 Total Opr. Rev. & Fin Sources 77,678,547 78,137,041 78,848,063 79,043,441 51 FYII FY12 FY12 FY12 RECAP DEPT Town Mgr Board of REQUEST Recmm'd Selectmen January Town Mgr & 2011 Finance Com. Recmm'd Operating Expenses GENERAL GOVERNMENT Town Moderator 825 825 825 825 Selectmen/Town Manager 291,204 293,491 288,341 288,341 Asst. Town Manager 98,365 49,320 48,427 48,427 Human Resources 0 77,685 77,685 77,685 Town Accountant 211,637 234,852 231,271 231,271 Finance Committee 795 795 795 795 Treasurer/Collector 310,151 298,104 296,368 296,368 Assessing 303,236 313,016 304,315 304,315 Legal 225,000 250,000 200,000 200,000 Town Clerk 346,820 314,616 310,435 310,435 Community Development 198,630 203,912 198,896 198,896 Planning 112,086 110,560 108,004 108,004 Conservation 83,005 89,389 83,832 83,832 Board of Appeals 31,015 33,819 33,204 33,204 2,212,769 2,270,384 2,182,398 2,182,398 PUBLIC SAFETY Police Department 4,286,662 4,616,929 4,206,567 4,206,567 Fire Department 4,373,400 4,633,452 4,318,201 4,318,201 Inspectional Services 242,102 257,684 251,255 251,255 Emergency Management 21,237 21,446 21,342 21,342 8,923,401 9,529,511 8,797,365 8,797,365 EDUCATION N A Public Schools 36,984,521 38,313,984 36,633,578 36,847,861 0 0 0 0 36,984,521 38,313,984 36,633,578 36,847,861 PUBLIC WORKS Administration 363,451 399,217 391,948 391,948 Street& Sidewalks 755,000 826,616 731,266 771,266 52 Solid Waste Recycling 1,294,425 1,298,975 1,293,975 1,293,975 Fleet Maintenance 274,776 278,238 274,238 274,238 Structures & Grounds 482,564 533,769 522,540 522,540 Snow& Ice Removal 740,086 740,086 775,000 752,448 3,910,302 4,076,901 3,988,967 4,006,415 HEALTH& HUMAN SERVICES Health Department 191,953 198,627 215,835 215,835 Elder Services 245,578 253,620 202,863 242,863 Youth Service 245,156 280,498 203,197 243,197 Veterans Service 259,464 281,323 280,394 280,394 942,151 1,014,068 902,289 982,289 CULTURE & RECREATION Stevens Library 827,510 875,607 788,357 828,357 Festivals Committee 0 0 0 0 Recreation 0 0 0 0 Historical Commission 0 0 0 0 827,510 875,607 788,357 828,357 SUPPORT SERVICES Outside Auditing 51,000 60,000 60,000 60,000 Purchasing 62,900 49,769 48,876 48,876 Information Technology 859,293 1,074,922 988,187 988,187 Structures and Grounds 20,000 100,000 100,000 100,000 993,193 1,284,691 1,197,063 1,197,063 DEBT SERVICE Excluded -Principal - Long Term 2,529,856 2,564,856 2,564,856 2,564,856 Excluded- Interest- Long Term 638,713 540,924 540,924 540,924 Excluded -Interest- Short Term 0 0 0 0 Included- Principal - Long Term 3,044,825 3,428,767 3,428,767 3,428,767 Included - Interest- Long Term 699,266 682,889 682,889 682,889 Included- Interest- Short Term 0 0 0 0 6,912,660 7,217,436 7,217,436 7,217,436 EMPLOYEE BENEFITS Retirement Assessment 2,803,785 3,002,779 3,002,779 3,002,779 Workers Comp 228,626 250,000 250,000 250,000 53 Unemployment Compensation 200,000 200,000 237,400 200,000 Group Insurance 8,396,967 10,524,071 9,974,071 10,161,071 Payroll Taxes 600,000 600,000 600,000 600,000 Police & Fire Accident & 75,000 75,000 75,000 75,000 Sickness Inc. 12,304,378 14,651,850 14,139,250 14,288,850 LIABILITY INSURANCE 293,688 301,030 301,030 301,030 Regional Schools 362,832 511,158 275,000 243,594 School Building Committee 900 900 900 900 363,732 512,058 275,900 244,494 Total Non -Departmental Cost 19,874,458 22,682,374 21,933,616 22,051,810 Annual Town Meeting Vote 74,668,305 80,047,520 76,423,633 76,893,558 i CAPITAL & RESERVES Finance Committee Reserve 0 0 0 0 Transfer to Payroll Stabilization 0 50,000 50,000 0 Fund Transfer to OPED Reserve Fund 0 92,000 92,000 0 Transfer to Stabilization Fund 373,167 0 0 0 Deficits ( Snow and Ice) 248,432 0 0 0 Deficits (overlay) 3,858 0 0 0 Deficits ( Stevens Estate) 0 0 0 0 Overlay 300,000 300,000 300,000 300,000 925,457 442,000 442,000 300,000 STATE ASSESSMENTS Spec Ed 0 0 4,778 4,778 Mosquito Control 85,167 85,167 85,843 85,843 i 54 Retired Teachers Health 1,632,652 1,539,000 1,538,062 1,405,517 Insurance Air Pollution Districts 8,470 8,470 8,484 8,484 Regional Transit 174,085 174,085 172,662 172,662 RMV Non Renewal Surc 17,460 17,460 20,640 20,640 School Choice 19,412 19,412 30,162 30,162 Charter School Assessment 69,709 69,709 72,710 72,710 Essex County Agricultural 61,448 61,448 49,087 49,087 Assessment 2,068,403 1,974,751 1,982,428 1,849,883 General Fund Budget 77,662,165 82,464,271 78,848,061 79,043,441 55 MOTION: MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2012 GENERAL FUND AS FOLLOWS: FINANCE COMMITTEE/ BOARD OF SELECTMEN/ TOWN MANAGER RECOMMEND FY 12 GENERAL GOVERNMENT 2,182,398 PUBLIC SAFETY 8,797,365 NA SCHOOL 36,847,861 SNOW AND ICE REMOVAL 752,448 ALL OTHER PUBLIC WORKS 3,253,967 HEALTH AND HUMAN SERVICES 982,289 CULTURE AND RECEREATION 828,357 SUPPORT SERVICES 1,197,063 DEBT SERVICE 7,217,436 EMPLOYEE BENEFITS 14,288,490 LIABILITY INSURANCE 301,030 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESERVE 0 GREATER LAWRENCE TECH SCHOOL 243,954 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF $76,893,558 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD $ 134,526 FROM SPECIAL REVENUE - COMM PROGRAMS $ 65,700 FROM SPECIAL REVENUE -YOUTH SERVICES $ 40,000 $ 240,226 Or to take any other action relative thereto. Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 56 FINANCE COMMITTEE EXPLANATION: This article is the 'fiscal year 2012 appropriation,of funds for the Town of North Andover. Rather than being asked to vote on each line item, Town Meeting is being asked to vote on various sub-totals(bolded lines in the above schedule) reflecting the overall budget for each town department. By approving sub- totals, rather than individual line items, the town manager will have spending flexibility within those budget categories so long as the Town Manager,does not exceed the sub-total. A majority of Town Meeting has the right to vote on individual line items (or in fact,further subdivide them) if so desired ;(although this would 'limit the town manager's budget flexibility). Various 'line items within the budget may contain the first year ,expenses of three-year' collective bargaining agreements. If the budget as presented is approved, and it includes the first year of such agreement,then the entire three year agreement is also deemed approved. Commonwealth General Laws require that the Education budget be voted on as a single line item,including collective bargaining agreements approved by the School Board. Article 19. Establishment of Special Stabilization Fund-Reserve for Future Payroll. To see if the Town will vote to establish a special stabilization fund for the purpose of reserving funds to pay expenses related to fiscal years when additional payroll money must budgeted due to calendar changes and to raise and appropriate a sum of money to be placed in that fund; I, Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made At Town Meeting Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION:` This article seeks to establish a reserve fund to cover for what is known as the 27th payroll anomaly,'or calendar creep. The Town's payroll is issued biweekly and 'consists of 26 pay periods. The difference in timing between two week pay periods,'a 365 day calendar and the additional days for leap year, every eleventh,pay year contains a 27th payroll. In FY 2011 no reserve fund was available causing a significant impact to the budget. 57 Article 20. Transfer of Funds into the Other Post Employment Benefits Liability Trust Fund. To see if the Town will vote to raise and appropriate or transfer funds into the Other Post Employment Benefits Liability Trust fund; Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made At Town Meeting Finance Committee Recommendation: Favorable Action �I FINANCE COMMITTEE EXPLANATION: This Article seeks to raise and appropriate or transfer funds into The Post Employment Benefits Liability Trust fund for the purpose of covering any portion of the un-funded liability,which exists and is increasing annually. This fund will'be available for the Town to use to help cover post employment liabilities when needed. I I Article 21. Transfer of Funds into the Stabilization Fund. To see if the Town will vote to raise and appropriate or transfer funds into the Stabilization Fund; Or to take any action relative thereto Finance Committee Board of Selectmen Recommendation: Recommend "No Action" Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE`EXPLANATION: The article seeks to move' funds into the Town's savings;account, called a Stabilization Fund. This is a fund designed to accumulate amounts for capital and other future spending purposes, although it may Abe 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 (In North Andover's case that limit would be $5.8MM in FV12). 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. 58 Article 22. Appropriation of $40,000 to Maintain Current Prouram Manager Position in the Elder Services Department. To see if the Town will vote to appropriate the sum of $40,000 to be expended under the direction of the Elder Services Department for the purpose of maintaining the current position of Program Manager to prevent the elimination of essential services; Or to take any other action relative thereto. Petition of Elizabeth Poirier and others Board of Selectmen Recommendation: Recommend "No Action" Finance Committee Recommendation: Unfavorable Action Article 23. Authorization to Transfer Funds from the Health Department Food Consultants Revolving Fund to the Health Department. To see if the Town will vote to transfer $40,000 from the Health Department Food Consultants Revolving Fund to the Health Department to be used to purchase truck monitoring equipment, Or to take any other action relative thereto. Board of Health Board of Selectmen Recommendation: To Be Made At Town Meeting Finance Committee Recommendation: To Be Made At Town Meeting FINANCE COMMITTEE EXPLANATION: This Article seeks to transfer funds from the Food Consultant Revolving Fund to the Health l Department, to be used in conjunction with$ 40,000 from Trash Truck fees, and $ 20,000 annual payment from TBI pursuant to condition#41 of the Site Assignment,which requires the installation, operation, and maintenance of a monitoring system at the intersection of Holt Road and Osgood Street (Rte. 125). Merrimack College has conducted research and recommended RFID and Video technology as a solution. The projected cost of the project is estimated at$100,000. 59 Article 24 . Water Enterprise Fund Appropriation-Fiscal Year 2012. To see if the Town will vote to appropriate the amount of $5,125,787 in aggregate, for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Water Enterprise Fund, that $5,125,787 be raised from Water receipts and from these receipts $705,722 be transferred to the General Fund for indirect expenses; WATER ENTERPRISE FYl2 Recommendation Town Manager Board of Selectmen FY11 Department Finance Budget Request Committee Personnel 623,494 648,321 644,965 Expense 1,300,465 1,475,384 1,475,384 Debt Service 2,791,277 2,299,716 2,299,716 Sub-Total Direct Expenditures 4,715,236 4,423,421 4,420,065 Admin/Indirect 658,016 705,722 705,722 Total Water Enterprise 5,373,252 5,129,143 5,125,787 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 60 Article 25 . Sewer Enterprise Fund Appropriation-Fiscal Year 2012. To see if the Town will vote to appropriate the amount of $5,189,157 in aggregate, for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $5,189,157 be raised from sewer receipts and from these receipts $471,554 be transferred to the General Fund for indirect expenses; or to take any other action relative thereto. FY12 � SEWER ENTERPRISE Recommendation Town Manager Board of FY11 Department Selectmen Finance Budget Request Committee Personnel 560,473 593,676 592,222 Expense 300,200 294,899 294,899 GLSD Assessment 1,642,900 1,725,000 1,725,000 Settlement 56,000 56,000 56,000 Debt Service 2,068,083 2,049,482 2,049,482 Sub-Total Direct Expenditures 4,627,656 4,719,057 4,717,603 Admin/Indirect 422,161 471,554 471,554 Total Sewer Enterprise 5,049,817 5,190,611 5,189,157 Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action I FINANCE COMMITTEE EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund. This fund is supported by water usage charges. The water rate is set by the Board of Selectmen 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 enterprise and are expensed through the General Fund Appropriation. Water Enterprise capital improvement funding is included in the ''Town's Capital Improvement Plan. 61 Article 26. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2012. To see if the Town will vote to appropriate the amount of$316,822 in aggregate for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund, that $316,822 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. �I STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY12 Recommendation Town Manager FY11 Department Board of Selectmen Budget Request Finance Committee Personnel 1 03,282 107,087 1 07,087 Expense 143,442 163,275 163,275 Debt Service 0 0 0 Sub-Total Direct Expenditures 246,724 270,362 270,362 Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate Enterprise 293,184 316,822 316,822 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 62 Article 27 . Capital Improvement Plan Appropriation Fiscal Year 2012. To see if the Town will vote to raise and appropriate,transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2012 as detailed below,provided that, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: "provided that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 debt exclusion referendum under General Laws Chapter 59, Section 21 C(k)": Fiscal Year 2012 CIP Board of Selectmen/ Town Manager Finance Com. Line# Project Description Fund Code Recommend Recommend General Fund 1. Roadway Improvements: B/N-G $ 390,000 $ 390,000 2. Fire Alarm Boxes and Panels B/N-G $ 113,000 $ 113,000 3. Internet Telephone System B/N-G $ 375,000 $ 375,000 4. Middle School Roof Replacement B/N-G $2,039,000 $2,039,000 5. Defibrillator Replacement B/N-G $ 43,000 $ 43,000 6. Police Station Parking Lot&Exterior Lighting B/N-G $ 125,000 0 7. Emergency Generator at Public Works Facility B/N-G $ 38,000 $ 38,000 8. School Dept. Data Storage and Integration B/N-G $ 82,000 $ 82,000 9. Vehicle Fuel Pump System B/N-G $ 45,000 $ 45,000 10. Dump Truck with Plow, Sander&Basin Cleaner B/N-G $ 210,000 $ 210,000 11. Sargent School Roof Replacement B/N-G $ 564,000 $ 564,000 12. Atkinson School Window Replacement B/N-G $ 1,277,000 $ 1,277,000 $ 5,301,000 $5,176,000 Sewer Enterprise Fund 13. Sewer Utility Truck B/N-S $ 78,000 $ 78,000 Water Enterprise Fund 14. Heating,Ventilating and Air Conditioning B/N-W $ 690,000 $ 690,000 15. Equipment At Water Treatment Plant Valve and Hydrant Replacements and Installation B/N-W $ 260,000 $ 260,000 =1 S 950,000 TOTAL $6,329,000 $6,204,000 63 i Fund Codes Spelled Out Below BOS &Town Finance Funding Recommendation Code Mgr Totals CommitteeTotals Raise and Appropriate- General Fund R&A-G $ - $ - Raise and Appropriate-Water Enterprise R&A-W $ - $ - Raise and Appropriate- Sewer Enterprise R&A-S $ - $ - Bonds/Notes-General Fund B/N-G $ 4,985,916 $ 4,860,916 Bonds/Notes-Water Enterprise B/N-W $ 950,000 $ 950,000 Bonds/Notes- Sewer Enterprise B/N-S $ 78,000 $ 78,000 Total All Capital Projects New Borrowing) $ 6,013,916 $ 5,888,916 Prior Year Borrowing $ 315,084 $ 315,084 Total Fiscal Year 2012 CIP $ 6,329,000 $ 6,204,000 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $6,013,916.00 under Chapter 44 of the Massachusetts General Laws or any other enabling authority, (2) a portion of the appropriation for item 1 above in the amount of $47,807.86 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Proiect Date/Article Number Date of Bonds $ 4,379.25 Underground Storage Tank 05/14/07 06/15/09 Monitoring System Art 21 Sec. 11 2,341.38 Sidewalk Construction 05/14/07 06/15/09 Art. 21 Sec. 13 15,000.16 Roadway Improvements— 05/13/08 12/15/09 Autran Avenue Art. 14 Sec. 2 2,915.98 Financial Management 05/14/04 06/13/05 System Art. 11 Sec. 12 7,446.70 Waverly Road/Mass. 05/13/00 04/01/02 Avenue Art. 14 Sec. 15 1,265.22 Roadway Improvements 05/13/02 10/01/03 Art. 11 Sec. 19 14,459.17 Roadway Improvements 05/12/03 06/08/05 Art. 13 Sec. 14 $47,807.86 64 i (3) a portion of the appropriation for item 2 above in the amount of$59,989.15 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Proiect Date/Article Number Date of Bonds $ 12,234.78 School Bldg Consult Fees 03/30/89 09/15/90 Art 5 STM 3,465.89 Student Management 05/13/08 06/15/09 Software Art. 14 Sec. 8 44,288.48 Replace Athletic Fields- 05/13/00 04/01/02 high school Art. 14 Sec. 16 $59,989.15 (4) a portion of the appropriation for item 4 above in the amount of$179,865.95 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Proiect Date/Article Number Date of Bonds $61,794.78 Kittredge Heating System 05/13/02 10/01/03 Art. 11 Sec. 1 15,158.06 Bradstreet School Sprinkler 05/13/02 10/01/03 System Art. 11 Sec. 8 9,430.43 Camera/Door Security 05/12/03 06/08/05 System Art. 13 Sec. 2 3,800.00 Sargent School Deck 05/12/03 06/08/05 Roofing Art. 13 sec. 3 13,289.88 Franklin School Windows 05/12/03 06/08/05 Art. 13 Sec. 4 17,632.61 Kittredge School Windows 05/12/03 06/08/05 Art. 13 Sec. 5 14,753.02 Sargent School Ventilation 05/09/05 09/20/06 Art. 10 Sec. 1 19,112.87 Elementary School Const. 05/04/92 01/15/98 Art. 12 24,894.30 Middle School Construction 05/02/95 01/15/98 Art. 12 $179,865.95 65 (5) a portion of the appropriation for item 10 above in the amount of$27,421.04 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $ 6,400.00 Replace Roof on Fire 05/14/07 06/15/09 Station 2 Art 21 Sec. 7 2,099.55 Equipment— 1 Ton Dump 05/14/07 06/15/09 Art.21 Sec. 14 2,937.00 Equipment—Dump Truck 05/13/08 06/15/09 w/Sander Art.21 Sec 15 2,894.00 Equipment—Cab and 05/14/07 06/15/09 Platform Truck Art.21 Sec. 16 6,881.56 Tractor—Multi Purpose— 05/13/08 06/15/09 2009 Art. 14 Sec. 6 6,208.93 Town Hall Phase I 05/13/02 10/01/03 Art. 11 sec. 9 $27,421.04 (6) that with respect to the appropriations above for school projects listed as items 4, 11 and 12 j above, consisting of$2,039,000 for roof replacement at the Middle School located at 495 Main Street, $564,000 for roof replacement at the Annie L. Sargent Elementary School, located at 300 Abbott Street, and $1,277,000 for windows replacement at the Atkinson Elementary School, located at 111 Philips Brooks Road, all in the Town (collectively, the "Projects"), such proposed repair projects would materially extend the useful life of the schools and preserve assets that otherwise are capable of supporting the required educational programs, said sums to be expended under the direction of the School Building Committee; that the Town of North Andover acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town of North Andover incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town of North Andover; provided further that any grant that the Town of North Andover may receive from the MSBA for the Projects shall not exceed the lesser of(1) forty-seven and 42/100 percent (47.42%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town of North Andover and the MSBA. And that the Board of Selectmen is authorized to take any other action in relation to these projects. Or take any other action relative thereto. Board of Selectmen 66 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: No Recommendation FINANCE COMMITTEE EXPLANATION: A Capital improvement 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.` Department Supervisors submit a list of capital improvement requests to the Town Manager in order of priority. The Town Manager applies a criteria formula Wall items. The formula combines and prioritizes requests from all departments. The Town Manager then recommends which items should be implemented in the current year. The Selectmen then revise, if desired, and approve the plan. The Finance Committee does the same. There is a possibility that recommendations or amounts on this page may change before Town Meeting as additional information becomes available. If necessary, an update will be handed out at Town Meeting. i Article 28. Amend Zoning Bylaw-Amend 4.122.14-Resident 4 District-Permitted Uses. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw by deleting the existing Section 4.122.14Aa and Section 4.122Ab and replacing them with the following: 4.122.14 Residence 4 District(Permitted Uses) A. Dwelling Types a. One family dwellings and existing two family dwellings. b. Additional two family dwellings by Special Permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14D of this Bylaw; And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; Or to take any other action relative thereto. Petition of Charles H. Foster and others Board of Selectmen Recommendation: To Be Made At Town Meeting Planning Board Recommendation: Unfavorable Action 67 Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation 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 Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; LIST OF APPROPRIATIONS COMMUNITY PRESERVATION FUNDS Description Amount Category J North Andover Historical Society: Master $50,000 Historical Preservation Plan for restoration and preservation of Historical Society Properties Stevens Estate: Master plan for facility $50,000 Historical Preservation restoration and preservation Main Street Fire House: Refurbishment of $48,500 Historical Preservation Infrastructure Preservation of Historical Records (Phase V) $40,000 Historical Preservation Fountain Drive: Full preservation/restoration $300,000 Affordable Housing of sidewalks and common open areas Town Farm: Construction of new playing $150,000 Recreation/Open Space fields off Dale St. (subject to change in State Law to permit CPA funding for existing town properties) Principal Repayment: Windrush Farm $638,000 Open Space Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $1,306,500 Or to take any other action relative thereto. Community Preservation Committee Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 68 FINANCE COMMITTEE 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. State matching funds are disbursed each October for the preceding fiscal year.` The CPA was required to remain in effect for at least five years, an obligation that was met from FY102 to FY'06. Surtaxes must continue until all debt has been retired. The ;process for revoking or reducing the surcharge is the same as that used for adoption (Town Meeting` followed by Ballot Election). 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. North Andover received matching funds equal to $386,099 or 30.11% in FY11 from the Commonwealth. The State anticipates that the match will be 30% in FY12. North Andover's 3% surcharge level entitles it to second and third round funding, which could increase its match if funding permits. 69 Article 30. Petition the General Court- Municipal Group Insurance Committee Legislation. To see if the Town will vote to petition the General Court to adopt the following law: Municipal Group Insurance Committee (GIC) Legislation Any city or town accepting the provisions of this section may establish and maintain a committee known as a "Group Insurance Committee" consisting of seven (7) members to be constituted as follows: Four (4) persons, who are not eligible to receive Town Insurance Benefits, to be appointed by the Mayor or Board of Selectmen, two (2) persons to be elected by the organizations of the governmental units' employees, and one (1) person who shall be a retiree of the city or town who shall be appointed by the Mayor or Board of Selectmen. Four (4) members of said committee shall constitute a quorum. Said committee shall act upon the majority vote of a quorum at any meeting held in conformity with the provisions of Massachusetts General Laws Chapter 39, Section 23B. The Group Insurance Committee shall have the full and final authority to determine changes in any design or composition of any and all group general or blanket, hospital, surgical, medical, dental, and other health insurance plans, including, but not limited to, the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12 or Chapter 32 of the General Laws. Any plan design changes may include, but not be limited to, changes to employer/employee contributions levels, co-pay amounts and deductibles. Such changes as the Group Insurance Committee shall deem appropriate shall be effective as of the date of said changes are voted upon by the committee and shall not be subject to collective bargaining under the provisions of Chapter 150E of the General Laws. This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by the majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the Mayor; in a town, by vote of its Town Meeting, in a regional school district, by the vote of the regional district school committee; Or to take any action relative thereto. i Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action I 70 1 Article 31. Petition the General Court: Special Act to Exempt the Town of North Andover from Portions of the Prevailing Wage Act. To see if the Town will vote to Authorize the Board of Selectmen to Petition the General Court of the Commonwealth of Massachusetts to exempt the Town of North Andover from the provisions of Massachusetts General Laws, Chapter 149, Sections 26 through 27G, the Prevailing Wage Law, so called, for projects estimated to cost $50,000 or less; Or to take any action relative thereto Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 'I FINANCE COMMITTEE EXPLANATION: Public construction projects in Massachusetts that require expenditures in excess of$2,000 are subject to the Prevailing Wage Law. This law requires that all workers involved in any public project be paid no less than the prevailing wage. In Massachusetts, this is the average rate set by collective bargaining agreements (for each category of labor)`in the state.' The sponsors of this article, the selectmen,would like to increase the threshold at which the prevailing wage is required, from $2,000 to $50,000. It is felt that this would enable the town to save money by including contractors who would be willing to work for less than the prevailing wage and thus increase competitive bidding for various projects and lower costs. Because of the existing prevailing wage law,the adoption of this article will require a special act 'by the state legislature to exempt North An from the current law's $2,000 threshold. This is known as a home rule petition. This 'article seeks town meeting authorization to petition the state legislature for a home rule act that would increase the threshold. 71 Article 32. Petition the General Court - Collective Bargaining Agreements-Town Meeting Approval of Funding. To see if the Town will vote to petition the General Court to require that the North Andover Town Meeting approve funding, by separate vote, of each collective bargaining agreement entered into by the Board of Selectmen and the School Committee; Or to take any action relative thereto. Board of Selectmen i Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 33. Petition the General Court to Change the Town Charter: Chapter 4-7-1, Responsibilities for Disbursements. To see if the Town will vote to petition the General Court to change the Town Charter by adding the underlined language and removing the text shown as stricken to read as follows: Section 7 Responsibilities for Disbursements Chapter 4-7-1: Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures shall be submitted to the Town Manager, and his approval there of shall be sufficient authorization for payment by a;,.°,to f e f the a:vis of ) the treasurer or his designee, provided, however, that at least fiffee one selectman designated by the full board of selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Or to take any action relative thereto. Board of Selectmen I Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action i FINANCE COMMITTEE EXPLANATION: This article requests approval to submit a Home Rule petition to the Commonwealth's Legislature allowing Town Meeting to vote on funding for collective bargaining agreements approved by the School Committee. This article, if approved' by the Legislature, would require that the funding for School Department collective bargaining agreements be presented and approved by Town Meeting. 72 Article 34. _Petition the General Court— Age Exemption — Sean C. Lewis, Sr. — Firefighter. To see if the Town will vote to Petition the General Court to enact Legislation so that Sean C. Lewis, Sr. shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Sean C. Lewis, Sr. shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws and regulations of the civil service commission and any lawful hiring practices for the Town of North Andover; Or to take any other action relative thereto. Petition of Sean C. Lewis, Sr. and others Board of Selectmen Recommendation: Favorable Action Article 35. Town By-Law,Amend Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries — Add New Section 146-2, Rules and Regulations. To see if the Town will vote to amend Town By-law, Chapter 146, by adding a new section as follows: 146-2 Rules and Regulations The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are the authorized enforcement officials; Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Article 36. Town By-Law, Amend Chapter 88, Dogs —Add New Section 88-9 —Vaccination Required for Dogs. To see if the Town will vote to amend Chapter 88-Dogs of the General Bylaws by adding a new Section-Section 9 to read as follows: § 88-9 Vaccination Required No person shall own or keep any dog or dogs within the Town of North Andover unless any such dog or dogs has received vaccination for rabies in a manner required by the Animal Control Officer or Health Agent for the Town of North Andover. 73 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; I Or to take any action relative thereto. Town Clerk Board of Selectmen Recommendation: Favorable Action Article 37. Amend General Bylaws Chapter 69 - Fire Alarms-Section 69-2 - Alarm Installation and Permit Requirements — Subsection E, Changing Effective Date from July 1, 2012 to July 1, 2014. To see if the Town will vote to amend Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and Permit Requirements — by adding the underlined language and removing the text shown as stricken to read as follows: § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general g p p public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of July 1, 2007 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of july-1, 2012 July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard I 74 I 1 i for the Installation, Maintenance and Use of Emergency Services Communication Systems- NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; Or to take any other action relative thereto. I Board of Selectmen Board of Selectmen Recommendation: Favorable Action Article 38. Road Way Acceptance - Carter Field Road. To see if the Town will vote to accept Carter Field Road as a public way, as laid out by the Board of Selectmen, and as shown as "Carter Field Road" on a plan entitled, "Street Layout Plan, Carter Fields Subdivision prepared for Tara Leigh Development, LLC, Scale 1" = 40% Date March 14, 2011, by MHF Design Consultants, Inc." and to accept deeds to all related open space parcels and easements, shown on Plans recorded as Plan No. 14969 and Plan No. 14471 at the North Essex Registry of Deeds and on the above referenced Street Layout Plan. Or to take any action relative thereto. Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action I 75 Article 39. Authority to Dispose of Interest in Land (Rear of Chickerine Plaza). To see if the Town will vote to transfer the care, custody and control of the interests of the Town in the way or paper street portion (plus or minus 1,000 sq ft) of the property known as Bunkerhill Street, which is appurtenant to the Town's ownership interest in the property at 200-203 Bunkerhill Street, shown on Assessors Map 84, Parcel 14 , to the Board of Selectmen for disposition and to authorize the Board of Selectmen to dispose of the interests of the Town in said way or paper street (at the rear of Chickering Plaza) upon terms and conditions that the Board of Selectmen deem to be in the best interest of the Town, even if the Town receives no consideration therefor; Or to take any action relative thereto Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made At Town Meeting Article 40. Transfer of Town Owned Land to the Care, Custody and Control of the Conservation Commission. To see if the Town will vote to transfer the care, custody and control of two town owned parcels located on Berry Street, shown as Lot 12 and Lot 62 on Assessors' Map 108C, to the care, custody and control of the Conservation Commission pursuant to M.G.L. Chapter 40, Section 8C, said parcels further described as follows: Lot 1-E, containing 3.1 acres, more or less, and Lot 2-E, containing 3.010 acres on Plan of Land entitled: "Plan of Land located in North Andover, Mass., prepared for Reginald Landry; Scale: 1" = 40' " and recorded with North Essex Registry of Deeds as Plan No. 10082. For title reference, see Final Judgment in Tax Lien Case No. 105879, recorded with said Deeds at Book 6062, Page 220 and Final Judgment in Tax Lien Case No. 105880, recorded with said Deeds at Book 6062, Page 221; Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 76 i I �I 77 MESSAGE FROM TOWN CLERK JOYCE A. BRADSHAW YOUR VOTE IS EXTREMELY IMPORTANT TO US WE NEED YOUR HELP d• You must be a registered voter as of May 18,2011 to vote at the Town Meeting. Non- voters are required to sign in and be seated in a designated area. We check-in by Last Name and we will have guides available to assist you find the right table. You will be given a pre-printed voting card. You can verify your voting status by calling (978)688-9501. ❖ Remember to notify us when you change your address. If you are leaving North Andover we can remove you from the census and voter rolls. ❖ Keeping our census current and up to date will assist you in proof of residence and proving information for public safety officials. If you have moved within North Andover or will be leaving North Andover please give us a call at (978)688-9501 and we can update your information. ❖ If you need voter registration forms or absentee ballot requests for future elections we can mail them to you. PASSPORTS—The North Andover Town Clerk's Office is a Passport Agency. If you need a new passport or need to renew a child's passport, we can help. We are located in the Town Hall Offices at 120 Main Street on the first floor and we accept Passport Applications from 9:OOAM until 3:OOPM Monday through Friday. Please check the U.S. Department of State web site at www.travel.state.gov for all forms and passport information. You can give us a call at (978)688-9501 and we can tell you what you need to bring! Passports can take a minimum of five to six weeks. Expediting Service is available at an additional fee. Passports are also an excellent source of identification for the entire family. Travel regulations have changed so please be certain to verify what documents you need for leaving the country. WEB PAGE AND MUNICIPAL CALENDAR — Take a look at our Municipal Calendar located at www.townofnorthandover.com. All public meetings and events are listed there with contact and agenda information. We are in the process of updating and enhancing our web site to better serve you. We post additional information and updates on the site. If you need printed information, please contact us and we will provide it. We appreciate your participation in our Annual Town Meeting at the North Andover High School. If have any requests or need any special assistance, please call us at (978) 688-9501. II 78 PLEASE BRING THIS BOOKLET WIT YOU TO TOWN MEETING! ! TOWN MEETING BEGINS ON JUNE 71) 2011 AT 7:OOPM IN THE NORTH ANDOVER MIDDLE SCHOOL AUDITORIUM 495 MAIN STREET THIS IS A CHANGE OF DATE FROM MAY 10, 2011 AND LOCATION FROM NORTH ANDOVER HIGH SCHOOL TO NORTH ANDOVER MIDDLE SCHOOL i Details on logistics and updated information will be posted on the Town's website, on the North Andover Cable Channel, and in our local newspapers. Updates to the Finance Committee Report will be posted on the Town of North Andover website at www.townofnorthandover.com. If you need any special accommodations for the meeting please call the Town Clerk's office at (978)688-9502. Please participate in this very important meeting! i 79 I i �I TOWN OF NORTH ANDOVER POSITION DESCRIPTION SPECIFICATIONS SUPERVISORY, PROFESSIONAL, SALES AND ADMINSTRATIVE POSITIONS (Usually exempt jobs) I POSITION TITLE: Police Chief Division: Police POSITION SUMMARY Responsible for planning, organizing, and directing the staff and operations of the Town's Police Department including: the prevention and suppression of crime and the effective protection of life and property; the enforcement of state laws, Town by-laws and departmental rules and regulations; and other similar duties to ensure the effective and efficient delivery of police services to the community. ESSENTIAL FUNCTIONS 1. Develop and monitor operating plans and budgets. Establish department goals and objectives. Delegate authority and objectives to staff. Monitor progress against objectives and provide guidance, direction, and motivation as necessary in obtainment of objectives. Monitor and evaluate the effectiveness and responsiveness of the department. 2. Plan and manage staff and activities of the department; establish shift schedules and work assignments. 3. Maintain, modify as needed, an effective and progressive program of training for members of the Police department; ensure that training activities are consistent with department goals and objectives. 4. Oversee the operations of the department in observance and enforcement of laws and regulations, the requisitions or purchase of equipment and supplies, the issuance of licenses and collection and disposition of fees, etc. 5. Plan and execute a variety of programs designed to prevent and suppress criminal activity to apprehend and prosecute offenders and to recover stolen property. Review and modify programs to reflect latest trends in law enforcement. Develop or adopt new techniques and approaches for improving department's effectiveness. 6. Provide for the investigation into all cases of alleged or apparent misconduct by department personnel 7. Promulgate general and special orders of the department; issue verbal and written orders. 8. Coordinate activities with law enforcement officials in other jurisdictions and other law enforcement agencies; enter into joint cooperative measures for crime prevention and law enforcement. i Police Chief Continued 9. Keep abreast of significant events in field of endeavor; attend meetings, conferences for purposes of public relations, regional discussions, and information gathering and exchange. Act as representative of department with civic organizations, public interest groups, elected representatives, schools, etc. 10. Oversee administrative activities of department including; personnel records, preparation and submittal of reports; annual report of department activities; other periodic and special reports as required or requested. 11. Oversee and participate in hiring of personnel; ensure the training of staff as to Departments and Town policies, objectives, and activities. Monitor and evaluate performance of non-union direct reports; make effective recommendations to Town Manager, HR as appropriate as to personnel matters affecting staff. Administer and implement disciplinary action as necessary. Maintain good employee and employer relations. Perform other similar duties as responsibilities necessitate and/or as assigned or requested by supervisor. Evaluated RGM 12/01 The description above represents the most significant duties of this position but does not exclude other occasional work assignments not mentioned,the inclusion of which would be in conformity with the factor degrees assigned. POSITION EVALUATION SPECIFICATIONS POSITION TITLE: Police Chief Grade: 19 Score: 630 SUBSTATIATING DATA FACTORS KNOWLEDGE DEGREE 4 POINTS 60 Broad knowledge of the field of criminal justice involving a broad theoretical knowledge equivalent to a complete college education. EXPERIENCE DEGREE 6 POINTS 125 Over 7 years and up to and including 10 years of progressive learning experience. COMPLEXITY OF DUTIES DEGREE 6 POINTS 100 Participates in the formulating and carrying out of organizational policies, objectives, and programs for a major division. SUPERVISION RECEIVED DEGREE 5 POINTS 60 Under administrative direction, Town Manager. Establishes own standards of performance within overall policy or budgetary limits with director accountability for final results. EFFECT OF ERRORS DEGREE 5 POINTS 60 Errors such as failure to carry out policies and objectives of division through others in department resulting in longer term major adverse effect on community and public. CONTACTS DEGREE 4 POINTS 40 Outside and inside contacts carrying out policies and programs of the division and influencing others where improper handling will have a marked effect on operating results. CONFIDENTIAL DATA DEGREE 5 POINTS 25 Full and complete access to important and legally sensitive investigation, reports, etc. where up most integrity is required to safeguard information. MENTAL OR VISUAL DEMAND DEGREE 2 POINTS 10 Normal mental and/visual attention in duties performed. WORKING CONDITIONS DEGREE 2 POINTS 10 Good working conditions. Some exposure to conditions which make conditions less than usual office. CHARACTER OF SUPERVISION DEGREE 6 POINTS 80 Directs and coordinates the operation of a major function or division. Organizes work, sets up standards of performance, formulates and interprets related policy. SCOPE OF SUPERVISION DEGREE 5 POINTS 60 Responsible for supervising over 50 but seldom over 100 full time person equivalents. Police Chief=Minimum Qualifications _.. ., Scope of Search Internal External Years of Police Experience 7+ years 10+ years 12+ years 15+ years 20+ years Police Rank Patrol ° Police Police Police Other Officer Sergeant Lieutenant Captain-/) Supervisory/Management Experience ,✓ 3+ years Ff 5+ years 7+ years 10+ years 12+years Education I High Associate's Bachelor's Master's School Degree Degree < Degree Current Qualifications 0 10+ years of police experience 0 5+years supervisory/management experience o Master's degree TOWN OF NORTH ANDOVER Position Description MASSACHUSETTS Professional Position Title: Position Code: Previous Rev Date: Police Chief Reports To: Division: Current Rev Date: Town Manager Public Safety Position Summary: (Purpose of Job) Plans, organizes and directs the staff and operations of the North Andover Police department to ensure the prevention and suppression of crime and the effective protection of life and property. Ensures the enforcement of state laws, Town bylaws and departmental rules and regulations. Accountable for the effective and efficient delivery of police services to the Community. Principal Responsibilities: 1. Plans and manages the staff and activities of the Police department; develops and monitors departmental operating budget and expenditures; establishes shift schedules and work assignments; oversees recruitment and selection of qualified candidates; oversees the preparation of performance evaluations (non-union personnel only);administers and implements disciplinary action, as necessary. 2. Institutes an adequate and progressive program of training for members of the Police department; ensures that all training activities are consistent with departmental goals and objectives. 3. Establishes departmental goals, objectives, policies, regulations, and procedures based on the needs of the Town and the Police department;continually evaluates the effectiveness and responsiveness of the department. 4. Supervises the operation of the Police department in the observation and enforcement of all laws and regulations, the requisition or purchase of equipment and supplies, the issuance of licenses and collection and disposition of fees,etc. 5. Plans and executes a variety of police programs designed to prevent and suppress criminal activity,to apprehend and prosecute offenders and to recover stolen property;modifies these programs to reflect the latest trends in law enforcement. 6. Develops or adopts new techniques and approaches for improving the Police department's overall effectiveness and efficiency. 7. Provides for the investigation into all cases of alleged or apparent misconduct by departmental personnel. 8. Promulgates general and special orders of the department; issues verbal and written orders. APPROVALS Department Head Date Personnel Administrator Date Note: The purpose of this job description is to provide an outline of the more significant work elements of the position and to organize and present the information in a standard manner. It is not intended to describe all the elements of the work that may be performed by every individual in this classification,nor should it serve as the sole basis for Human Resource decisions and actions. Page 1 TOWN OF NORTH ANDOVER ' Position Description MASSACHUSETTS Professional Position Title: Police Chief Position Code: Principal Responsibilities(continued): 9. Coordinates departmental activities with law enforcement officials other jurisdictions and other law enforcement agencies; enters into joint cooperative measures for crime prevention and law enforcement. 10. Attends meetings and conferences for the purposes of public relations, regional discussions, and information gathering and exchange. 11. Oversees the maintenance of a personnel record system to safeguard pertinent information on all departmental members; oversees the maintenance of Police records and accounts. 12. Acts as the primary representative of the department with civic organizations, public interest groups, elected representatives,schools, etc. by attending meetings related to public safety and enforcement. 13. Submits reports as required including annual report of department activities. 14. Assumes additional responsibilities,as necessary. Page 2 I TOWN OF NORTH ANDOVER Position Description MASSACHUSETTS Professional Position Title: Police Chief Position Code: Education: Master's degree in Criminal Justice, Management or Public Administration. Special License/Certification: None. Experience: Ten to twelve years of police experience including at least(5)years of supervisory/management experience. Required Skills, Knowledte and Abilities: Thorough knowledge of the principles and practices of police administration, and of approved police methods and procedures. Working knowledge of Town, state, and federal laws and regulations. Ability to provide effective supervision of the department and to delegate authority. Ability to prepare and effectively present verbal and written material related to the department activities. Excellent verbal and written communication skills necessary. Contacts: Ability to establish and maintain effective working relationships with Town officials, members of the department, the general public, and other law enforcement officials. Supervisory Responsibility(Also Positions Supervised): Responsible for overseeing and managing all employees of the Police Department. Responsibility for Operating Budtet: Responsible for overseeing the development and monitoring of a total operating budget of approximately Special Environmental Conditions: Some exposure to varying weather conditions and situations endangering personal safety during emergencies or when conducting investigations. Page 3