Town of North Andover, MA Use of Public Property

The film industry can provide both direct and indirect economic benefit to the Town. Pre-approval of projects ensures that Town property and the rights, safety and privacy of the citizens of North Andover are protected, while supporting this industry.

This policy identifies the application and approval processes for projects utilizing Town facilities and/or Town roads and the requirements which must be met, including payment of applicable fees.

Administration. This policy is administered by the Town Manager's Office. The Town Manager or his/her designee shall be the initial contact for all filming projects and is responsible for expediting requests. Certain requests for filming shall require the approval of the Select Board.

Insurance coverage.

An insurance certificate of general comprehensive liability naming the Town as additionally insured, for the duration of the production, must be provided to the Town Manager's Office for all filming. The Town will retain the original insurance certificate.

The amount of insurance coverage required is:

$5,000,000 for filming projects using Town facilities such as Town Hall, Town schools, Stevens Library, Stevens Estate, etc.

$2,000,000, for filming projects using Town parks or Town roads.

Filming on Town property.

Filming at Town facilities (including parks and roadways).

Application process:

Applications for filming in Town facilities or on other Town property or roadways must be submitted, in writing, no later than 30 business days prior to the date of anticipated filming. Permission may be denied if the request cannot be accommodated within the available time frame. Applications may be found on the Town's website at: https://northandoverma.viewpointcloud.com/categories/1078/record-types/6516.

The filming company must provide the following information:

[a]

Proposed commencement and termination dates and times of scheduled filming, including preparation and final cleanup;

[b]

The name and telephone number of a contact person and his/her backup who will be on-site during the filming;

[c]

General outline of the action, including all set dressing and props, approximate number of production vehicles, cast and crew members, as well as any stunts or special effects;

[d]

Specific locations and proposed alterations to Town property, including identification of any necessary facility services support;

[e]

Any anticipated road closures must be defined to allow adequate time for proper planning.

Approval process:

Once a filming application has been received by the Town Manager's Office, appropriate staff will be informed and a site meeting with the film company may be required to review the request and complete a walk-through to determine any concerns or special requirements. At this time the required insurance, fees and deposits will be provided to the film company. The availability of the requested Town facilities or Town property or roadways will also be determined at this time. The film company will be required to include the Town in the list of credits.

Affected residents and businesses determined by staff must be notified in advance of any filming. To ensure minimal disruption, this notification letter must include the duration and location of the filming and any planned interference with pedestrian or vehicular traffic. In the event of business interruption, there should be consultation with the business associate(s) and/or individual businesses to determine if any compensation is required.

[3]

Once all requirements have been fulfilled, a location agreement will be prepared that will list all terms, conditions, insurance, fees and deposits that are required.

Select Board approval.

The film company must receive approval from the Select Board in cases involving the following:

[a]

To film on roads in residential areas on more than one occasion per calendar year;

[b]

To allow filming to proceed before 7:00 a.m. or after 7:00 p.m., or any time on Saturdays, Sundays or state or federal holidays;

[c]

To allow overnight parking of production vehicles;

[d]

To allow equipment, including lighting and generators, to be oriented toward neighboring residences;

[e]

To close any public roadway or restrict public access to a Town building, facility, or any open space area, including but not limited to parks, playgrounds and the Town Common.

In all cases, a letter must be distributed by the film company to all residents and businesses that will be affected by the filming or by the parking of film-related vehicles during production. The letter must contain emergency telephone numbers for relevant film company staff.

[3]

Production vehicles will be granted permission to park at or near the film location. The Town reserves the right to limit the number of and size of the vehicles to ensure public safety. This permit does not provide permission for parking of vehicles in prohibited areas or in contravention of any regulation of the Massachusetts General Laws or North Andover Bylaws/Ordinances, unless specifically approved.

[4]

The services of paid-duty police officers may be required for the purpose of traffic control, traffic stoppages, and permit compliance. If such services are required, the film company is responsible for retaining the officers, and for payment of all associated costs.

[5]

Once all of the required conditions have been met, the Town will issue a filming permit to the film company.

[6]

Proper signage as determined by the North Andover Division of Public Works should be posted along the roadway well in advance of any intermittent stoppages or road closure.

Monitoring.

The film company must keep a copy of all permits that have been issued by the Town Manager's Office and/or the Commonwealth of Massachusetts on site for the duration of the filming.

The film company must place signs in public access areas to inform residents that the facility/area is being used for filming and delays may occur.

Upon completion of filming, the film company will be responsible for cleanup and repair of any damages. The facility/area will be inspected for cleanup and damages within 48 hours of completion of scheduled weekday events or within 72 hours of completion of weekend events. The film company will be given first opportunity to clean up and repair any damages within a reasonable time frame specified by the Town. If the work is not completed to the satisfaction of the Town, the Town will complete any remaining cleanup and/or repair and the cost of such will be initially deducted from any deposits held and any remaining costs will be invoiced to the film company.

Special circumstances. Noise: All filming must comply with any Town bylaws, unless an exemption in writing is granted by the Select Board.

Explosives/fires/pyrotechnics.

Should the filming involve explosives, the film company must obtain a letter of understanding acknowledging that explosives may be used in the production. This letter must be obtained from the Fire Chief and shall be attached to the permit for facility use. A copy of the letter will be forwarded to the Chief of Police.

All explosives are to be detonated in accordance with the Explosives Act of 2002.

A member of the North Andover Fire Department and North Andover Police Department shall be in attendance if there are any fires or explosions to be undertaken. All open air burning requires a burning permit.

Neither explosives nor fires shall be allowed within any Town-owned building.

Security deposit. A security deposit in the form of a certified check or any other method acceptable by the Town is required and will not be released until the facility/area has passed inspection. All outstanding costs of clean up, repairs to damages, staff costs, and additional rental time must have been paid by the film company prior to release of any deposit monies. The following is a guideline for security deposits. These amounts may be adjusted based on the nature of the production:

Town of North Andover buildings/facilities: $5,000.

Town parks: $2,000.

Town roads: $2,000.

Filming on private property.

In the event that filming is taking place on private property, to ensure the public safety and welfare, the Town shall be notified of the filming within 15 business days of the commencement of the filming. The film company will be required to advise area residents of their intent to film and duration of the production. The Town Manager will advise the members of the Select Board of the filming.

The Town Manager's Office will advise the film company that they must notify North Andover Fire Department and North Andover Police Department if any special effects are going to be used. If required, they must obtain the necessary permits.

The film company will also be advised that all municipal bylaws must be adhered to.

Facility and permit fees. Fees for the use of Town property for film production purposes shall be negotiated between the Town and the film company and will be included in the location agreement. Consideration will be given to what property is being used, the duration of the use, and any potential inconvenience to Town operations or the public.

§ 300-12 Lake Cochichewick use/boating regulations.

Purpose and authority. These regulations have been established for the protection of Lake Cochichewick, North Andover's only drinking water supply. The regulations are issued pursuant to 310 CMR 22.00 Massachusetts Drinking Water Regulations and the authority of MGL c. 60, § 160, for the sanitary protection of the waters of Lake Cochichewick used by the Town of North Andover as a source of water supply, Chapter 135 of the Town Bylaws, and in accordance with the policy adopted by the Select Board on May 20, 2002, and amended on September 26, 2016.

Permits. All boating on the lake requires a valid Town of North Andover permit affixed to the outer hull of the boat and to the rear window of the owner's vehicle. Permits shall be exhibited to any officer of the law or authorized employee of the Commonwealth of Massachusetts or the Town of North Andover. Boats without valid permits are not allowed on the lake. There are two types of permits available for residents of North Andover for recreational use of the lake, subject to the conditions in these regulations:

Day boating permit for residents to boat on the lake, but not for overnight boat storage; and

Combination boating and storage permit for residents to boat on the lake and to use overnight public boat storage racks provided by the Town at two shoreline locations between April 15 and November 1.

Boat launching areas.

To reduce shoreline erosion into the lake, three public locations have been designated for residents with valid permits to launch their boats:

Along Pleasant Street on the south end of the lake using the designated path; or

At the 'Hatch' on the far side of the stone arch past the Stevens Pond swim area; or

At the Old North Pump Station along Great Pond Road/Rt-133 on the north end of the lake.

All boats must be hand-carried into the lake; the use or backing of trailers into lake waters as well as the overnight storage of trailers along the shores of the lake is prohibited.

Boat storage areas.

To prevent the destruction of shoreline vegetation and reduce erosion into the lake, public boat storage racks have been provided at two locations on the lakeshore for use by residents with valid combination boating and storage permits from April 15 to November 1:

The Old North Pump Station along Great Pond Road/Rt-133 on the north end of the lake; and

The "Hatch" beyond the stone arch past the Stevens Pond swim area on the south end of the lake.

Only boats with valid combination boating and storage permits may be stored at these locations, and, to prevent erosion, all boats must be placed on the boat racks. Boats without valid combination boating and storage permits will be removed at the owner's expense. All boats must be removed by owners from the storage areas prior to November 1.

Overnight boat storage is not allowed along Pleasant Street or other public locations along the lakeshore; boats left there will be removed at the owner's expense.

Lakeshore private property owners should utilize best practices for boat storage along the shoreline of their property, including the use of temporary boat racks (more than 25 feet from the edge of the lake or adjacent wetlands) and removing boats from the shoreline area between November 1 and April 15 to reduce disturbance to shoreline vegetation and prevent erosion.

Parking.

Permit parking is available at two locations for residents with valid boat permits affixed to the rear window of their vehicle:

Where posted ("permit parking") at the Old North Pump Station off Great Pond Road/Rt-133 on the north end of the lake; and

Where posted ("permit parking only") along Pleasant Street on the south end of the lake.

Parking at these two locations requires valid resident day boating or combination boating and storage permits affixed to the rear window of the vehicle. Overnight parking is not allowed. Parking is also available at the parking lot off Pleasant Street next to the Stevens Pond swim area in the lot shared with visitors to the Trustees of Reservations trails on Weir Hill.

Types of watercraft. Boating on the lake is limited to watercraft designed to be manually propelled by oars or paddles, or the use of electric motors (maximum length of motorized craft is 15 feet). Rowing shells, johnboats, dinghies, rowboats, sail boats, canoes and kayaks with cockpits are acceptable as long as the occupants are isolated from contact with the lake. Boats must not have any thru-holes (e.g., self-bailers) that would allow contact between the occupants and the lake water. Inflatable boats, windsurfers, paddleboards, sit-on-top kayaks and seaplanes are not allowed.

Engines. All gasoline or diesel powered engines, containers that transport any type of gasoline and diesel fuel, or anything that uses such fuels, such as, but not limited to boats, snowmobiles, ice augers, generators, stoves or lamps, are prohibited from use on Lake Cochichewick and its tributaries unless authorized by the Division of Public Works for lake monitoring and/or safety/emergency procedures.

Boating safety. Under MGL c. 90B, § 5, lifejacket wear is mandatory for children under 12, and all canoeists and kayakers between September 15 and May 15.

Boating hours. Boating permits are valid year round from one hour before sunrise to one hour after sunset.

Swimming or wading. No person shall swim, wade, bathe, or cause or allow any animal to go into or upon Lake Cochichewick or tributaries thereto.

Animals. No domestic animals are allowed to be in boats, on the ice, or in the water at any time.

Fishing. No fishing is to be done under these boating permits unless the holder also possesses a valid state fishing or sporting license as required by Chapter 131 of the General Laws.

Invasive vegetation. All boats, anchors, anchor ropes or chains and motors must be free of foreign or exotic vegetation or aquatic life prior to launching.

Trash and debris. No cans, bottles, dog toys, plastics, boxes, fish, food, animal or vegetable matter, or any other matter tending to pollute the water shall be thrown into the water of said lake, or left upon shores of said lake. All supplies and debris that are carried in should be carried off.

Firearms/explosives. No firearms or explosives shall be used while on the waters or shores of the Lake.

Alcohol. Possession or consumption of alcoholic beverages is prohibited.

Restricted area. No boating or fishing shall be done in or upon that portion of the lake within 100 yards of the North Andover Water Treatment Plant. Passage of boats through the restricted area for the Treatment Plant must be made within 50 feet of the opposite shore.

Docks. Docks in the lake or other structures for water access on the lakeshore require permitting by the Conservation Commission and under Chapter 91 of the Massachusetts General Laws. Dock construction must be of a type to minimize impacts to the lake, and all docks must be removed from the water and at least 25 feet from the shoreline area between November 1 and April 15.

Laws and conditions. All laws of the Commonwealth of Massachusetts or conditions now and hereafter made by the Town of North Andover relative to the waters or the watershed of the lake shall be observed.

Revocation. A person may have their boating permit revoked for a Massachusetts fishing violation or violation of these rules and regulations. The permit fee will be forfeited. A boat owner and any member of the boat owner's household will not be eligible to receive a permit the following season if the boating permit is revoked.

Annual fees: Fees are to be paid to the Town DPW.

Day boating permit (first boat): $25; each additional boat $10.

Combination boating and storage permit: $50 per boat.

Removal of improperly stored boat: $50.

Lake Cochichewick is North Andover's only drinking water supply, and everything possible should be done to protect this resource and Town asset.

Rules of access to the "Old North Pump Station."

The Old North Pump Station is located at the north end of the lake, along Great Pond Road/Rt-133, and is accessed via a locked gate. Residents with valid Town of North Andover day boating or combination boating and storage permits will be provided the lock combination. The gate is to be kept locked after entering and after departing the area.

Parking is restricted to those who possess a valid Town of North Andover day boating or combination boating and storage permit affixed to the rear window of their vehicle.

This site is for launching boats (without trailers) for those holding a day boating permit, or for launching and storing boats for those holding a combination boating and storage permit only. No other activity is allowed on this site (no fishing from shore, no loitering, no unauthorized parking, no picnicking, etc.).

Parking is restricted to the designated area and all vehicles must display in the rear window either a day boating permit or a combination boating and storage permit.

Under no circumstances will any vehicle be parked within 25 feet of the lake's normal high water mark.

(6)

Unauthorized vehicles without valid permits displayed will be towed at owner's expense.

(7)

No vehicles or trailers allowed on ramp; all boats must be carried in.

(8)

No person shall possess or consume alcoholic beverages on Town property.

(9)

Vehicles found to be leaking any type of fluid (fuel, oil, antifreeze, etc.) will be towed.

(10)

No domestic animals allowed on premises.

(11)

This is a public water supply. No swimming, bathing or wading. No person or animal may come in contact with the water.

(12)

No person shall dump or drain any refuse, waste or debris of any kind.

(13)

No person shall engage in any activity in a reckless or heedless manner or in such a manner as may cause or tend to cause fear, discomfort or injury to any person, wildlife, property or vegetation.

(14)

Any person may be denied admittance to and/or suspended from any Town property for a period of time to be recommended by the Select Board for violating any law, rule or regulation including failing to comply with any reasonable request of any duly authorized employee of the Town.

Enforcement of laws/rules/regulations regarding Lake Cochichewick. The following procedures are being implemented to address new and existing laws, rules and regulations regarding Lake Cochichewick. Some of the violations are criminal and others are noncriminal. Each officer will be issued a ticket book (similar to a parking ticket book) to address the noncriminal violations. Unless otherwise specified all noncriminal fines are $50.

Hours of access to the lake are dawn to dusk.

No one is allowed on the lake from one hour after sunset until one hour before sunrise. The communications center monitors a weather station which posts daily times for sunrise and sunset.

Violation: noncriminal, $50 fine.

Fishing.

Fishing from shore is allowed with a valid Massachusetts fishing license.

Violation: criminal, MGL c. 131, § 11B.

AA.

Boating permits.

Any boat on the lake must have affixed a day boating or combination boating/storage permit issued by the DPW. If the boater is also fishing, they must possess a valid Massachusetts fishing license. Boat permits are issued to residents only. Public boat storage along the lake shore is allowed only on Town-provided boat racks located at the Old North Pump Station along Great Pond Road/Rt-133 on the north end of the lake, and at the "Hatch" beyond the stone arch past the Stevens Pond swim area on the south end of the lake. All boats on the storage racks must have affixed the combination boating/storage permit. Public boat storage is not allowed elsewhere along the lake shore.

Violation for nonpermitted boat use or storage: noncriminal, $50 fine.

BB.

Size and type of craft.

The following is a list of craft as written in the regulation:

"Boating on the lake is limited to watercraft designed to be manually propelled by oars or paddles, or the use of electric motors (maximum length of motorized craft is 15 feet). Rowing shells, johnboats, dinghies, rowboats, sailboats canoes and kayaks with cockpits are acceptable as long as the occupants are isolated from contact with the lake. Boats must not have any thruholes (e.g. self-bailers) that would allow contact between the occupants and the lake water. Inflatable boats, windsurfers, paddleboards, sit-on-top kayaks and seaplanes are not allowed."

Violation: noncriminal, $50 fine.

CC.

Littering. Violation of Town bylaw c. 130, § 1: noncriminal, fine $200.[1]

Editor's Note: See Ch. 160, Solid Waste, Art. II, Littering.

DD.

Gasoline engines.

No gas engines of any type are allowed on the lake, unless authorized by the DPW for lake monitoring and/or safety/emergency procedures.

Violation of Town bylaw c. 146, § 1: noncriminal, fine $50.[2]

Editor's Note: See Ch. 135, Parks and Recreation Areas, Art. I, Lake Cochichewick.

EE.

North pumping station parking and use.

This site is open to residents who possess a valid day boating or combination boating/storage permit affixed to the rear window of their vehicle.

Each permitted vehicle will have a day boating or combination boating/storage permit on the rear window of their vehicle.

The site is for those permitted vehicles only.

The site is for launching of permitted boats (without trailers) or storage of permitted boats on Town-provided boat racks only. Wading in the lake is prohibited as is any other activity on the site.

Since the lake is closed from dusk to dawn we may logically extend that to the parking lot since no activity except launching and storage of permitted boats is allowed there.

FF.

Pleasant Street Parking.

Where posted ("permit parking only") along Pleasant Street on the south end of the lake for vehicles with valid day boating or combination boating and storage permits affixed to the rear window of the vehicle. Overnight parking is not allowed.

GG.

Public drinking. Violation of Town bylaw c. 141, § 3: fine $50 (if underage, use criminal process).[3]

[3]

Editor's Note: See § 140-3, Consumption of alcoholic beverages.

HH.

Swimming in lake. Violation of Town bylaw, noncriminal: $50 fine, or criminal MGL c. 111, § 171.

II.

Domestic animals.

No domestic animals are allowed to be in boats, on the ice, or in the water at any time.

Violation: noncriminal, $50 fine.

JJ.

Boaters are issued a copy of the rules at the time they purchase the permit. All incidents of this nature shall be logged and include the violator's name and what action was taken (verbal warning, noncriminal issued, vehicle ticketed, tow, etc.).

§ 300-13 Flag protocol.

The Select Board recognizes that the death of a public employee or elected official is deeply felt by the community. In accordance with the recommendation by the Town the Select Board restricts the lowering of the American and state flag to the day of burial for the passing of an employed police officer, firefighter or presently serving elected official. If the death is in the line of duty then the flags should be lowered from the date of death until the date of burial.

All other public employee deaths can be recognized with mourning bunting or as the Town Manager directs.

§ 300-14 Flag raising.

It is the policy of North Andover (Town) that its flagpoles located at the Town Common are not intended to serve as a forum for free expression by the public, but rather as expressions of the Town's official sentiments.

Any flag displayed at one of these locations be in conformance with federal and state policies, as stated in the federal "Our Flag" publication of the congress, House Document No. 96-144; MGL c. 2, §§ 6 and 6A. In the event of a conflict between this policy and state or federal laws, such laws will take precedence.

Outdoor flags will be flown at Town facilities in the following order of precedence: first, the United States flag; second, the POW flag; third, the Commonwealth of Massachusetts flag; and fourth, the North Andover flag.

Pursuant to a resolution of the Select Board, as set forth below, other flags may be flown by the Town in place of the North Andover flag. Each such resolution shall state the duration such other flags will be flown. In the event that no duration is stated, a default time of one week shall apply to such other flags. As a display of the Town's official sentiments, the following other flags may also be flown at Town flagpoles at the Town Common:

Flags of governments recognized by the United States.

Flags displayed in conjunction with official Town events or ceremonies.

Flag raisings will occur on a normal business work day, generally between the hours of 10:00 a.m. and 3:00 p.m.

The Town shall acquire ownership of all flags that it flies on its flag poles. In order for a flag to be used, it must have appropriate grommets for hanging and measure three feet by five feet.

§ 300-15 Naming Town buildings or assets.

Naming a Town building or asset is an important matter that deserves thoughtful attention. Personal prejudice or favoritism, political pressure, or temporary popularity should not be an influence in choosing a name for a building, a portion of a building or any portion of public grounds and/or property located thereon. Whenever possible, the wishes of the community should be considered in naming Town assets.

The Select Board has the authority to approve the naming, renaming, and removal of names of buildings, structures and facilities, along with other assets, located on property under the care, custody, and control of the Select Board. The Select Board also has the authority to name subsections of existing structures or facilities, such as individual rooms, gathering spaces, playgrounds or benches.

Names and/or wording associated with Town facilities shall be consistent with Town Bylaws and Select Board policies and promote values aligned with the Town of North Andover's Mission and Values Statement. To the extent possible, names and/or wording should be designed not to restrict the use of a space or inhibit changing the function of the space should that become necessary in the future.

Procedure.

When the opportunity to name or dedicate a new Town building or related property, structure, playground or facility is forthcoming, the Select Board shall, at a public meeting, announce the intent to name a Town building or asset and the deadline for submissions. The deadline for submissions shall be no more than 14 days after the announcement.

Submission of a name for a Town space may be made by any resident, by a member of the Select Board, or by the Town Manager, in writing, and should be made to the Chair of the Select Board. The Select Board must also be consulted prior to the start of any capital or fundraising campaign that will include the possibility of naming opportunities.

The written request should specify the intent of the requestor and the reasons why this particular name would fit the facility or asset. It should offer appropriate background information on the person, organization, or geographic area after which the facility or asset will be named. An offer of a financial contribution that will benefit the Town may accompany the naming request, but the Select Board is not obligated to accept or reject a name based upon financial considerations. The Select Board may acknowledge generous donors by designating appropriate spaces within Town facilities consistent with the level of financial commitment.

All submissions shall be posted on the Town website. The public will have 14 days from the submission deadline to submit public comment. At the next Select Board meeting following the public comment period, the Board will deliberate and vote on the name. The Board's agenda should clearly reflect the intent to consider, review, and vote on naming opportunities.

This procedure shall not apply to donations of assets valued under $500 (i.e., benches, bricks) made to the Town in memory of an individual or group. Such requests may be voted on at any time at a public Select Board meeting, provided same is listed on the Board's agenda.

§ 300-16 Designer selection procedures.

The Designer Selection Law (MGL c. 7C, §§ 44 through 58) requires municipalities to adopt written designer selection procedures that must be used when the design fee is $30,000 or more and the estimated construction cost is $300,000 or more. Design services include the preparation of master plans, feasibility and other studies, surveys, soil tests, cost estimates and programs; preparation of drawings, plans and specifications, including schematic drawings and preliminary plans and specifications; supervision or administration of a construction contract; and construction management and scheduling.

These procedures govern the selection of designers for any municipal building project in the Town of North Andover (hereinafter referred to as "Town") subject to the state designer selection law, MGL c. 7C, §§ 44 through 58. Any other local law governing the procurement of services will be inapplicable to these procurements.

The Town Manager has the authority to conduct the designer selection process for the awarding authority.

The Town Manager shall designate the individual or group of individuals (hereinafter referred to as "the Committee") who will conduct the designer selection process.

No member of the Committee shall participate in the selection of a designer for any project if the member, or any of the member's immediate family:

Has a direct or indirect financial interest in the award of the design contract to any applicant;

Is currently employed by, or is a consultant to or under contract to, any applicant;

Is negotiating or has an arrangement concerning future employment or contracting with any applicant; or

Has an ownership interest in, or is an officer or director of, any applicant.

A request for qualifications (RFQ) for each contract subject to these procedures shall be advertised in a newspaper of general circulation in the locality of the building project, in the Central Register published by the Secretary of the Commonwealth, and in any other place required by the Town Manager, at least two weeks before the deadline for filing applications.

The advertisement shall contain the following information:

A description of the project, including the specific designer services sought, the time period within which the project is to be completed, and, if available, the estimated construction cost;

If there is a program for the building project, a statement of when and where the program will be available for inspection by applicants;

When and where a briefing session (if any) will be held;

The qualifications required of applicants;

The categories of designers' consultants, if any, for which applicants must list names of consultants they may use;

(6)

Whether the fee has been set or will be negotiated; if the fee has been set, the amount of the fee must be listed in the advertisement; and

(7)

When and where the RFQ can be obtained and the applications must be delivered.

The RFQ shall include the current "Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction," which is available for download from the Massachusetts Designer Selection Board website at https://www.mass.gov/info-details/designer-selection-procedures-for-municipalities-and-public-agencies. The application form may be amended to include additional information on a project-specific basis.

The Committee shall evaluate applicants based on the following criteria:

Prior similar experience;

Past performance on public and private projects;

Financial stability;

Identity and qualifications of the consultants who will work with the applicants on the project; and

Any other criteria that the Committee considers relevant to the project.

The Committee shall select at least three finalists. Finalists may be required to appear for an interview or provide additional information to the Committee, provided that all finalists are afforded an equal opportunity to do so.

The Committee shall rank the finalists in order of qualification and transmit the list of ranked finalists to the Town Manager. No person or firm, including applicants' listed consultants, debarred pursuant to MGL c. 149, § 44C shall be included as a finalist on the list.

The list must be accompanied by a written explanation of the reasons for selection including the recorded vote, if any. The written explanation and recorded vote, if any, shall be public records and shall be maintained in the contract file.

If the fee was set prior to the selection process, the Town Manager shall select a designer from the list of finalists,. If the Town Manager selects a designer other than the one ranked first by the Committee, the Town Manager shall file a written justification for the selection with the Committee and maintain a copy in the contract file.

If the fee is to be negotiated, the Town Manager shall review the list of finalists and may exclude any designer from the list if a written explanation of the exclusion is filed with the Committee and maintained in the contract file. The Town Manager shall request a fee proposal from the first ranked designer remaining on the list and begin contract negotiations. If the Town Manager is unable to negotiate a satisfactory fee with the first ranked designer, negotiations shall be terminated and undertaken with the remaining designers, one at a time, in order in which the Committee ranked them until agreement is reached. All agreements shall be subject to approval by a majority vote of the Select Board. In no event may a fee be negotiated which is higher than the maximum fee set by the Town Manager prior to selection of finalists.

If the Town Manager is unable to negotiate a satisfactory fee with any of the finalists, the Town Manager shall recommend that the Committee select additional finalists.

The Town may allow a designer who conducted a feasibility study to continue with the project design. However, the Town Manager may commission, at the Town Manager's discretion, an independent review, by a knowledgeable and competent individual or business doing such work, of the feasibility of the designer's work to insure its reasonableness and its adequacy before allowing the designer to continue on the project, provided the Town Manager otherwise complies with the statutory requirements of selecting a designer under MGL c. 7C, including those set forth in MGL c. 7, § 54(a)(i).

Every contract for design services shall include the following:

Certification that the designer or construction manager has not given, offered, or agreed to give any person, corporation, or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of the contract for design services;

Certification that no consultant to, or subcontractor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager;

Certification that no person, corporation, or other entity, other than a bona fide full-time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and

Certification that the designer has internal accounting controls as required by MGL c. 30, § 39R(c) and that the designer has filed and will continue to file an audited financial statement as required by MGL c. 30, § 39R(d).

All fees shall be stated in design contracts and in any subsequent amendments thereto, as a total dollar amount. Contracts may provide for equitable adjustments in the event of changes in scope or services.

The Town shall not enter into a contract for design services unless the Town or the designer has obtained professional liability insurance covering negligent errors, omissions, and acts of the designer or of any person or business entity for whose performance the designer is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal the lesser of $1,000,000 or 10% of the project's estimated cost of construction, or such larger amounts as the Town may require, for the applicable period of limitations. A designer required by the Town to obtain all or a portion of such insurance coverage at its own expense shall furnish a certificate or certificates of insurance coverage to the Town prior to the award of the contract listing the Town of North Andover as an additional insured.

Every contract for design services shall include a provision that the designer or its consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer in the preparation of the bid documents, as reasonably determined by the individual responsible for administering the design contract.

Emergency selection.

In the event of an emergency that precludes the normal use of these designer selection procedures, the Town Manager may elect to authorize expedited procedures to address the emergency. The Town Manager shall document in writing the reasons for the emergency declaration, the proposed scope of work, the estimated cost of construction, the established fee for the needed design services, and any other relevant information.

The Town Manager may select three finalists from any standing list of designers who have applied for projects of a similar nature, or may otherwise select three designers to be considered as finalists for the project. The Town Manager shall rank the finalists in order of qualification and select the designer for the emergency work.

The Town shall publish the name of any designer awarded a contract in the Central Register.

The following records shall be kept by the Town:

All information supplied by or obtained about each applicant;

All actions taken relating to the project; and

Any other records related to designer selection.

All records shall be available for inspection by the state Designer Selection Board and other authorized agencies.

The Town shall evaluate designers' performance on contracts using the Designer Selection Board evaluation form(s) in accordance with MGL c. 7C, § 48(h), and file completed evaluations with the Designer Selection Board and any other agency named in MGL c. 7C, § 48(h).

Nothing in these procedures shall be interpreted to require the establishment of a board or waive or reduce the requirements of any other applicable law or regulation.

For any municipal design or construction project that includes funding provided by the commonwealth in whole or in part (such as reimbursements, grants, and the like) the Town shall incorporate minority-owned business enterprises and women-owned business enterprise participation goals. If applicable, the Town shall take steps to assure that it complies with all Supplier Diversity Office requirements.

§ 300-17 Disposition of surplus property.

Purpose. From time to time, the Town of North Andover finds it necessary to dispose of surplus property, including materials, equipment, obsolete inventory or other items that are no longer needed or useful. The following policy/procedure outlines the process to be followed in the disposition of surplus items. It is the intent of this policy to establish reasonable control over usage, surplus and obsolete material handling, sale and disposition. This policy/procedure applies to all items having resale or salvage value regardless of dollar amount. These rules apply to all tangible surplus supplies with a resale or salvage value including motor vehicles, machinery, computer equipment, furniture, and other materials and items.

Statutory authority.

Massachusetts General Laws c. 30B, § 15(f) provides "for a supply with an estimated net value of less than $10,000, the procurement officer shall dispose of such supply using written procedures approved by the governmental body."

The General Bylaws of the Town of North Andover § 45-1 provide that Town departments may not transfer, donate, destroy or otherwise depose of personal property without following the written procedures established by the Select Board in accordance with Massachusetts General Laws Chapter 30B.

Administration. This policy/procedure shall be implemented through the Town Manager, serving as Chief Procurement Officer, or his/her designee.

Procedure.

Designation and approval of surplus items.

No tangible surplus items owned by the Town of North Andover shall be sold or otherwise disposed of except upon the written recommendation of the respective Division Director to the Town Manager. The written recommendation shall include a specific description of the item to be disposed of including relevant make, model number, serial number, vehicle identification number, etc. The written recommendation is also to include justification/reason for the request.

The Town Manager shall review the written recommendation and make an initial determination of its merits.

If the Town Manager determines the surplus property has no resale or salvage value, the department shall dispose of such property at the least cost to the Town, after Town Manager approval.

Surplus items valued at less than $10,000. For surplus property valued at less than $10,000, the Chief Procurement Officer shall determine the method of disposal deemed in the best interest of the Town, which may include, but not be limited to: offering to other departments, soliciting bids, advertising for sale or auction or trading in towards the purchase of new equipment.

Surplus Items valued at $10,000 or more.

Upon the Town Manager's approval, the written recommendation shall be forwarded to the Select Board for final review and approval. No disposition of surplus items with a value of $10,000 or more shall be initiated unless approved by a majority of the Select Board.

Upon final approval of the Select Board, the Chief Procurement Officer shall dispose of the surplus property in accordance with Massachusetts General Laws Chapter 30B.

All payments shall be by certified bank check payable to the Town of North Andover. Personal and/or company (business) checks will not be accepted.

(d)

Upon the successful bidder taking possession of the item, the transaction shall be recorded in the form of a written receipt for the payment and the purchaser shall sign a written acknowledgement of receipt of the item.

(e)

The Town Manager, as Chief Procurement Officer, will solely be responsible for signing any bill of sale or registry title prior to a successful bidder taking possession of the respective item after confirmation of payment.

Alternative methods for sale or disposal of surplus items.

Online auctions.

At the Town Manager's discretion, surplus items may be disposed of using an online auction service. Online auction services must be procured in accordance with MGL c.30B requirements.

The online auction posting shall clearly state that the seller is the Town of North Andover and must stipulate all payment terms and sale processes.

All payments shall be by certified bank check payable to the Town of North Andover. Personal and/or company (business) checks will not be accepted.

Charitable donations.

Surplus items may be disposed of at less than fair market value to any organization that has an IRS tax exempt status by reason of its charitable nature.

Any such donation with an estimated net value of less than $1,000 must be approved by the Town Manager.

Any such donation with an estimated value between $1,000 and $5,000 must be recommended by the Town Manager and approved in advance by a majority vote of the Select Board.

(d)

Any such donation with an estimated net value of $5,000 or more will require a majority vote at a duly called Town Meeting.

(e)

All charitable donations must be reviewed by Town counsel to ensure compliance with the Anti-Aid Amendment to the Massachusetts Constitution and all other applicable laws.

Trade-Ins.

Surplus items with an estimated net value of $10,000 or more may be traded in as part of a MGL c. 30B bid or proposal process surplus items with an estimated net value of less than $10,000 may be traded in as part of a MGL c. 30B quote process. All vehicle trade-ins, regardless of value, must be approved by the Town Manager.