HomeMy WebLinkAbout2011-12-12 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
f,1°RTH
Tracy M. Watson, Chairman
William F. Gordon A TEL. (978)688-9510
Rosemary Connelly Smedile *i e, FAX(978)688-9556
Donald B. Stewart
9SSACHUSE� ',.
BOARD OF SELECTMEN&LICENSING COMMISSIONERS
REVISED AGENDA
DECEMBER 12,2011—7:00 p.m.
TOWN HALL MEETING ROOM
120 MAIN STREET
I. CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. Open Session Minutes of December 5, 2011, as written
B. Executive Session Minutes of November 28, 2011, as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
V. CONSENT ITEMS
A. Acceptance of State 911 Grant—Police Department
B. Acceptance of SAFE Grant—Fire Department
C. Filling of Vacancy—Departmental Assistant, Building Department
VI. LICENSING COMMISSIONERS
A. License Renewals for Calendar Year 2012
B. Establishments Request to extend hours of New Year's Eve
VII. OLD BUSINESS
A. "An Act Regulating State Primaries"
B. 2012 Annual Town Meeting-Clarification
C. FY12 Tax Classification—Final Vote
VIII. NEW BUSINESS
A. Mutual Agreement with Town of Andover—Local Building Inspector
IX. PUBLIC COMMENT
X. ADJOURNMENT
BOARD OF SELECTMEN MINUTES DECEMBER 5, 2011
CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting
Room.
ATTENDANCE: The following were present: Tracy Watson, Chairman;William F. Gordon, Clerk;
Rosemary Smedile, Licensing Chairman; Donald Stewart, Assistant Town Manager Ray Santilli.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Donald Stewart, to approve the Executive Session
Minutes of November 7, 2011. Vote approved 3-0. Rosemary Smedile recused.
William Gordon made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of
November 28, as written. Vote approved 3-0-1. Tracy Watson abstained.
COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC CdMME�VTt
Running for Office Seminar
Town Clerk Joyce Bradshaw announced that the Town Clerks of Andover and:North Andover and the
League of Women Voters will be hosting a "Runnin g'for Office Seminar" at the North Andover Town Hall
on Wednesday, January 18, 2012 at 7:00 p.m.
The following offices are on the ballot for re-election: 2 seats for Ooard of Selectmen; 2 seats for School
Committee; 1 seat for Town Moderator;iaad;1 seat North And;over;Housing Authority.
Last day for filing election papers is Februaryt 2012 and the Town Election is March 27, 2012.
PUBLIC COMMENT:
Mr. Larry Allen of 3 Belmont'Street made comments regard,ing;statements.:that were made by 2 members
of the Board of Selectmen to reporters.regarding;some work e 6clone at his home by a specific
contractor. ;
CONSENT ITEMS;
APPOINTMENTS
William Gordon made a`MOTION,'seconded by Rosemary` Smedile, to approve the appointment of D.
Paul Kochi Jr., Associate to Regular Member of the Zohing Board of Appeals. Vote approved 4-0.
LICENSIN6COMMISSIONERS �.
William Gordon made a MOTIW,;seconded by'Donald Stewart, to move into Licensing. Vote approved
4-0. E„ ,.
Change of Manager of Common Victualler License Luci's Cafe, 1600 Osgood Street
Tracy Watson made a MOTION,.seGonded by William Gordon, to approve the change of manager to
James A. Giberson to manager Luci's Cafe at 1600 Osgood Street. Vote approved 4-0.
Donald Stewart made a MOTION, seconded by William Gordon, to move out of Licensing. Vote
approved 4-0.
NEW BUSINESS:
Proposal "An Act Regulating State Primaries"
Town Clerk Joyce Bradshaw brought this to the attention of Selectmen for their review and discussion.
Woburn City Clerk William Campbell has put forth a bill H1972 "An Act Regulating State Primaries" to the
Governor. H1972 would combine the presidential and state primaries to June 5, 2012. The bill will
increase voter turnout, and reduce costs of elections by at least$8 million. Mr. Campbell is looking for
affirmative votes of Boards of Selectmen and City Councils across the Commonwealth.
The Board said they would review the bill H1972 and make comments at their next meeting.
Board of Selectmen Minutes December 5, 2011 2
Draft Board of Selectmen 2012 Calendar of Meetings
A draft calendar was presented for the Board's review for the 2012 Board of Selectmen Meetings. There
was one change to the calendar due to the Town Election. The Chair may call additional meetings if
necessary.
William Gordon made a MOTION, seconded by Donald Stewart, to approve the following meeting dates:
January 9, 23, February 6, 27, March 12, April 2, 23, May 7, 21, June 4, 18, 2012. Town Meeting has
been scheduled for June 12, 2012. Vote approved 4-0.
PUBLIC HEARING:
Tax Classification Hearing
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to open the Public Hearing. Vote
approved 4-0.
Chief Assessor Garrett Boles informed the Board that he sent all of his reports to the MA Department of
Revenue and was informed that the DOR has a backlog of paperwork and have not approved North
Andover's submissions. As a result this will delay the official vote of the Selectmen on setting the Tax
Rate at tonight's meeting. Selectmen will set the Tax Rate at their next meeting on December 12, 2012.
Assessor Boles provided spreadsheets with tax values, quartile factor, and tax levy and estimated
FY2012 tax rate for residential and commercial properties. If the Selectmen choose to keep the same
shift% as last year, it would create a slight change in property taxes.
On behalf of the Merrimack Valley Chamber of Commerce Will Carpenter requested that the Board
consider not raising the tax rate on businesses.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to close the Public Hearing. Vote
approved 4-0.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:10 p.m.
Vote approved 4-0.
Adele J. Johnson
Administrative Secretary
William Gordon, Clerk of the Board
I
CONFIDENTIA!,
Not A Public Document
BOARD OF SELECTMEN EXECUTIVE MINUTES NOVEMBER 28, 2011
EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m.
ATTENDANCE: The following were present: Clerk William F. Gordon; Rosemary Smedile, Licensing
Chairman; Donald Stewart; Interim Town Manager James Purcell and Assistant Town Manager Ray Santilli.
Note: Due to the absence of Tracy Watson, William Gordon took the role as Acting Chairman.
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to move into Executive Session to discuss
negotiations with non-union and union employees.
I
Roll Call vote: William Gordon yes, Rosemary Smedile yes, Donald Stewart yes. Vote approved 3-0.
Acting Chairman William Gordon declared that an open meeting may have a detrimental effect on the
bargaining position of the Selectmen.
Negotiations- Unions
Assistant Town Manager Ray Santilli told the Selectmen that a meeting was held last week with the Town's
health insurance consultant and Blue Cross Blue Shield in regards to renewal of health insurance coverage as
of March 1, 2012.
The recent MA Municipal Health Reform Legislation allows municipalities to adopt the new§§ 21-23 of MGL
c32B. These new sections allow a municipality to negotiate benefit changes with the unions and a retiree
representative outside of the regular collective bargaining process. If no agreement is reached,the
municipality may petition a Review Panel to approve the changes.
In a future meeting probably in January,the Board will need to make some preliminary decisions as to
possible Town proposals to the Union as negotiations will begin in calendar year 2012 with the three public
safety unions.
Both the Town's consultant and BCBS representative said it is more beneficial for the Town to reach and
finalize the contributions to 75/25 percentage rate because it is everlasting.
James Purcell asked if the Town setup a mitigation fund when the co-pays were increased and this would
generate a savings. Purcell said that he did this in the last town he worked for and set aside $74,165 with
additional co-pays and hold employees harmless by setting up a mitigation fund saved the town $320,000 in
premiums and of the $74165, town spent$65,200 a net gain of$250,000 and no one loss anything.
Negotiations—Non Union
Interim Town Manager James Purcell plans to resign effective December 1"and recommends Assistant
Town Manager Ray Santilli be appointed to the Interim Town Manger position until December 16th when our
new Town Manager, Andrew Maylor starts working full time.
Assistant Town Manager Ray Santilli requested an additional stipend of$500 per week for a two-week
period of being the Interim Town Manager.
Interim Town Manager James Purcell said that one of the tasks for Ray Santilli with the help of Lyne Savage
would be to complete, and present a draft Capital Improvement Plan to the new Town Manager Andrew
Maylor for him to fine tune.
BOARD OF SELECTMEN November 28, 2011
Board members discussed various issues as to how to handle this matter and agreed that Ray Santilli would
continue in his current role as Assistant Town Manager and complete the draft Capital Improvement Plan.
Chairman Watson will contact Andrew Maylor and check on his availability and to decide if an Interim
position is in fact needed.
Rosemary Smedile made a MOTION,seconded by Donald Stewart, to have incoming Town Manager Andrew
Maylor and Chairman Watson make a decision on the need to appoint an Interim Town Manager and
whether a stipend should be in order for Ray Santilli for a two-week period.
Vote approved 3-0.
ADJOURMENT:
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to move out of Executive Session. Vote
approved 3-0.
Respectfully submitted,
Adele J.Johnson, Administrative Secretary
Executive Session: Massachusetts General Law Chapter 30A§21(a)
(1):To discuss an individual,public officer,employee or staff member's reputation,character,physical condition or mental health
(requires 48 hour advanced written notice to the individual)
(2):Strategy session for negotiations,collective bargaining sessions,or contract negotiations with nonunion personnel(Use reason 2
for strategy or negotiations with non-union personnel and for actual bargaining sessions with unions)
(3):Strategy session with respect to collective bargaining or litigation if an open meeting will hurt Committee's bargaining or
litigating position&the chair so declares.(Use reason 3 for strategy related to union contracts and for litigation.)
(4):Security personnel or device deployment or strategy
(5):Investigate charges of criminal misconduct or consider filing criminal complaints
(6):Consider purchase,exchange,lease or value of real estate if open discussion would hurt Committee's negotiating position
(7):Comply with any general law,special law,or federal grant-in-aid requirements
(8):Consider or interview applicants by a preliminary screening committee
(9): Meet or confer with mediator
(10):Discuss trade secrets
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CHIEF OF POLICE
TO: Raymond Santilli
Assistant Town Manager
FROM: Paul J. Gallagher /
Chief of Police
DATE: December 5, 2011
REF: Acceptance of State 911 Department Grant
The Police Department has applied for and received a State 911 Department Training Grant in the amount
of$15,547. This grant will be used for training our dispatchers in the Communications Center. The
money has been approved for training overtime,training materials,the State Public Safety Dispatch
Academy and various training classes.
Acceptance of this grant will assist the department in our ongoing effects to provide the best possible
training to our Communications Center personnel.
Please place the acceptance of this grant on the agenda for the December 12,2011 Board of Selectmen
meeting.
Encl: Grant Letter—Dated December 5, 2011
Grant Contract—Approved December 5,2011
Copy of Grant Submission—Dated October 6, 2011
1475 OSGOOD STREET, Nf:712TH ANDOVER, MASSACHUSETTS' 01.84`]
9'7868:33168 1£,3 [^`ax: 9'/8--686-1212
The Commonwealth of Massachusetts
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY EMEpQEA @Y
STATE 911 DEPARTMENT �.�.�
1380 Bay Street, Building C -- Taunton, MA 02780-1088
Tel: 508-828-2911 - TTY. 508-828-4572 Fax: 508-828-2585 g°°°°•FG"•
www.mass,gov/e911
DEVAL L.PATRICK MARY ELIZABETH HEFFERNAN
Governor Secretary of Public Safety
and Security
TIMOTHY P.MURR.AY FRANK PozNuK
Lieutenant Governor Executive Director
December 5, 2011
Mr. James P. Purcell, Interim Town Manager
Town of North Andover
120 Main Street
North Andover, MA 01845
Dear Mr. Purcell
The Commonwealth of Massachusetts, State 911 Department would like to thank you for
participating in the FY2012 State 911 Department Training Grant program.
For your files, please find attached a copy of the contract signed by both parties. Please note
your contract start date is December 5, 2011 and will run through June 30, 2012, Please
keep in mind that there shall be no reimbursement for costs incurred prior to the effective date
of the contract and all goods and services MUST be received on or before June 30, 2012.
We have made the reimbursement request forms available on our website
www.mass.gov/e9ll. For any questions related to the reimbursement process, please contact
Michelle Hailahan at 508-821-7216,
If, in the future, you would like to make any changes to the authorized signatory, the contract
manager, and/or the budget worksheet, please e-mail those proposed changes to
911deptgrants0state.ma.us. Grantees are strongly encouraged to submit final, year-end
budget modification requests on or before May 15, 2012.
Sincerely,
/-v � P"f
Frank P. Pozniak
Executive Director
cc: State 911 Department FY 2012 Training Grant File
This form is jointly issued and published by the Executive OAK*for Administration and Finance IANF),the Q2g§of the motmiter(QTR)and the Operational Services Division
QJQJ as the detauitcontract for all Commonwealth Departments when another form is not prescribed by regulation or polity.Any changes to the official printed language of this
form shall be void. Additional non-conflicting terms may be added by Attachment,Contractors may not require any additional agreements,engagement letters,contract forms or
other additional teams as part of this Contract without prior Department approval. Click on hypedinks for definitions,Instructions and legal requirements that are incorporated by
reference Into this Contract An electronic copy of this form Is available at www.mass.gov/osc under Guidance for Venaors-Forms or wwmmass.govlosd under 0SD Forms.
CONTRACTOR LEGAL NAME:Town of North Andover-Police Department COMMONWEALTH DEPARTMENT NAME: State 911 Department
(and d/Wa): MMARS Department Code: EPS
Leroai Address;(W-9,W4,TBC):120 Main Street,North Andover,MA.01845 Business Mailing Address: 1380 Bay Street,Building C,Taunton,MA 02780
Contract Manager. Lyne Savage,Budget Direetorfrown Accountant Biltinn Address(if different): ; v: - 1
tad; fsavage�ofnodhandovencom Contract Manager: Madtyn Godfrey
Phone: 978488-9523 Fax:978888.9522 K-MaLll.911DeptGmnts@state.ma.us
Cot ractarVanciorCode: lie"&0401f1910 h rLe:50&821-7299 Fax: :5084128.26135 i 2
Vendor Code Address 10(ea.9AD001-): AD od1 MMARS Doc 10(s): CT GRNi I
(Note:The Address Id Most be set up for
_W payments,) RFRIProcureriwnt or Other ID Number. Training Grant _
X NEW CONTRACT _ CONTRACT AMENDMENT T� J
PROCUREMENT OR EXCEPTION TYPE:(Check one option only) Enter Current Contract End Oat f&to Amendment •20
_Statewide Contract(OSD or an OSD-designated Department) Enter Amendment Amount$ .(or'no change')
Collective Purchase(Attach OSD approval,scope,budget) AMENDMENT TYPE:(Check one option only.Attach details of Amendment changes.)
X Department Procurement(includes State or Federal grants 615 CMR 2.001 Amendment to Scone r Btrdoet(AGach updated scope and budget)
(Attach RFR and Response or other procurement
oreme supporting documentation) ^Interim Contract(Attach justifcatlon for Interim Contract and updated scopelbudget)
_Emergency Contract (Attach Justification foremergency,scope,budget) —
_,Contract Employee(Attach Employment Status Form,scope,budget) _Contract Employee(Attach any updates to scope or budget)
—Legislative/Legal or Other,(Attach authorizing languagerjustification,scope and _Leoislativell-eaal or Other:(Attach authorizing languagerjustifcation and updated scope and
budges) budget)
The following GO�tfAD�li�iFAt (j RMS A�yll Ct7}(� OC�S(T&C)has been executed,filed with CTR and is incorporated by reference Into this Contract
-2L Commonwealth Terms and Conditions _Commonwealth Terms and Conditions For Human and Social Services
COMPENSATION:(Check ONE option):The Department certifies that payments for authorized performance accepted in accordance with the temps of this Contract will be supported In the
state accounting system by sufficient appropriations or other non-appropriated funds,subject to intercept for Commonwealth owed debts under 8%CMR 9.00.
_Ririe Contra
ht(No Maximum Obligation.Attach details of all rates,units,calculation,conditions or terms and any changes If rates or terms are being amended)
Maximum Oblloallon Contract Enter Total Maximum Obligation for total duration of this Contract(or now Total I Contract is being amended),$ 15.547.00
PROMPT PAYMENT DISCOUNTS(PPD): Commonwealth payments are issued through EFT 45 days from invoice moeipt Contractors requesting accelerated payments must identify a PPD
as follows: Payment Issued within 10 days_%PPD;Payment Issued within 15 days_%PPD;Payment issued within 20 days_%PPD;Payment Issued within 30 days_%PPD, if PPD
percentages are left blank,Identify reason:-JAme to standard 45 day cycle_statutoryAegal or Ready Payments(G.L.c.29.1 23A);_only initial payment(subsequent payments
scheduled to support standard EFT 45 day payment cycle,See Prompt Pay DisoounILEq1&J
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT:(Enter the Contract Me,purpose,fiscal year(s)and a detailed description of the scope of
performance or what is being amended for a Contract Amendment Attach all supporting documentation and justifications.) For disbursement of funds under the State 911 Department
Training and Emergency Medical Dispatch Grant as authorized and awarded In compliance with program guldefines and grantees approved app iicabon,
ANT IPATEE1 Sgp#MD _: (Complete ONE option onty)The Department and Contractor certify for this Contract,or Contract Amendment,that Contract obligations:
X 1,maybe Incurred as of the Effective Date(latest signature date below)and QQ oblIptions have been incurred jga to the Effective Date.
—2.maybe incurred as of -2O_,a date LATER than the Effective Date below and D2 obligations have been incurred Rf f to the Effective Dale.
3.were incurred as of 20_,a data PRIOR to the Effective Date below,and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized
to be made ertheras settlement payments or as authorized reimbursement payments,and that the details and circumstances of all obligations under this Contract are attached and
Incorporated into this Contact Acceptance of payments forever releases the Commonwealth from further claims related to these ob i ations.
CONTRACT END DATE: Contract performance shall terminate as of Juno3Q.2012 ,with no new obligations being incurred after this data unless the Contract is properly amended,
provided that the terms of this Conrad and performance expectations and obligations shall survive its termination for the purpose of resolving any daim or dispute,for completing any
negotiated terms and warranties,to allow any close out or transition performance,reporting,Invoking or final payments,or during any lapse between amendments,
CERTIFICATIONS Notwithstanding verbal or other representations by the parties,the-Effective Date"of this Contract or Amendment shall be the latest data that this Contract or
Amendment has been executed by an authwrized signatory of the Contactor,the Department,or a later Contact or Amendment Start Date specified above,subject to any required approvals.
The Contactor makes all certifications required under the attached Contractor Certifications Qncorporated by reference H not attached hereto)under the pains and penalties of perjury,agrees
to provide any required documentation upon request to support compliance,and agrees that all terms governing performance of this Contract and doing business In Massachusetts are
attached or incorporated by reference herein according to the following hierarchy of document precedence,the applicable Commornvealth Terms and Conditions.this Standard Contact Form
including the Instructions and Con�ctor Certifications,the Request for Response(RFR)or other solicitation,the Contractors Response,and additional negotiated terms,provided that
additional negotiated temps will take precedence over the relevant terms in the RFR and the Contractors Response only H made using the process outlined In 801 CMR 21.07.Incorporated
herein,provided that any ar std RFR or Response terns result In best value,rawer costs,or a more oust effective Contract
A H IZING SIG ) dRE e E CONTRACTOR, ALJTH O SI ATURE FOR THE COMMONWEALTH
X: l� Date:/ if X. �� _� Date:
(Signature nd Date Must Be Ha mdwritten At Time f Signature) (Signature and Date Must Be Herdwriften At T(me ore)
P/ Name: James P.Purcell Print Name: Frank Porrilak
PNnt Title: Interim Town Menaner PdM Title: Executive Diroctar _
%so YRS
NORTH ANDOVER FIRE DEPARTMENT
a �a CENT u AL FIRE HEADQUARTERS
124 Mahn Street
CHUB��� North Andover, Mace. 0105
ANDREW V. MELNIIAS Chief (979) 688-9593
Fire Chief Business (978) 0-9590
[;men" (976) 696-95944
To: Ray Santilli, Asst,Town manager
From: Andrew Melnikas, Fire Chief
Date: December 7, 2011
The North Andover Fire Department has been awarded the FY 2012 Student Awareness of
Fire Safety Grant in the amount of$5,265.00. This money is used to educate students in the town
schools about fire safety through the use of the fire safety trailer along with classroom training.
Monies are also used for the purchase of educational supplies for the students.
I am asking that the acceptance of this grant be placed on the agenda for the next Board of
Selectmen's meeting.
Andrew Melnikas, Fire Chief
SERVING PROUDLY SINCE 1921
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DEVAL L.PATRICK C� ur> _ /J ��P4 OII75 STEPHEN D. COAN
GOVERNOR I6 UI& STATE FIRE MARSHAL
TIMOTHY P.MURRAY (,978)567-3-100 978)5C7-3-121
LT.GOVERNOR
MARY ELIZABETH HEFFERNAN
SECRETARY
I
December 2, 2011
Chief Andrew Melnikas
North Andover Fire Department
124 Main Street
North Andover, MA 01845
Dear Chief Melnikas:
I am pleased to inform you that your FY 2012 Student Awareness of Fire Education (S.A.F.E.)
grant application has been approved for funding. The North Andover Fire Department has been
awarded $5,265.00 in state funds.
Please return the enclosed contract form and the contract authorization form (where the
municipality says who is authorized to sign contracts on its behalf) to the Department of Fire
Services (DFS) to the attention of Fiscal Affairs. Once these documents have been received,
DFS will sign the contract and send you a copy. Fire departments may only begin to incur costs
upon receipt of the executed contract. Be sure to alert your treasurer and to check with them to
ensure receipt of the funds. We expect funds to be electronically distributed in early January.
All grantees are required to submit the FY 2011 year-end report to DFS by December 31, 2011.
If there are any unexpended funds, the grantee may apply for a one-time 6-month extension,
which will be part of the year-end report form. At the close of the single 6-month extension, all
unexpended funds must be returned to the Commonwealth. At this time, any FY 2010 funds
remaining after December 31, 2010, or if an extension was received, after June 30, 2011, must
be returned to the Commonwealth.
Seventeen years ago, the fire service advocated to the legislature for the creation of the S.A.F•E.
Program. Since that time we have reduced average annual child fire deaths by 66%. 1 thank you
for your commitment to the S.A.F.E. Program and for your continuing efforts to the raise a fire
safe generation of children. If you have any questions please feel free to contact Jennifer Mieth
at (978) 567-3381 or the S.A.F.E, staff at (978) 567-3388.
Sincerely,
Stephen D. Coan
State Fire Marshal
• S� LLD��S
COMMUNITY DEVELOPMENT DIVISION
Building (onservation Health Planning Zoning
MEMORANDUM
TO: Raymond Santilli, Asst. Town Manager
FROM: Curt Bellavance, Director
RE: Fill vacancy
DATE: December 7, 2011
Please accept this submission as a request through your office, for the Board of Selectmen's
approval, to advertise and fill the position of Departmental Assistant for the Building
Department.
The current position is filled by Mary Ippolito who will be retiring on January 4, 2012.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9531 Fax 978.688.9542 Web www.townof north andover.corn
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01 845
NORTH
Tracy M. Watson, Chairman (
William F. Gordon 978 688-9510
° = A TEL. )
Rosemary Connelly Smedile *i b FAX(978)688-9556
Donald B. Stewart
SSICHUSE ''.
ADDENDUM TO
BOARD OF SELECTMEN & LICENSING COMMISSIONERS
AGENDA
December 12,2011
VI. LICENSING COMMISSIONERS
B. Establishments Request to extend hours of New Year's Eve
C. Lottery Commission "Keno To Go" LaBottega Wine&Beer, 1820 Turnpike Street
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
OFsr`eD M1a
2 yt; •.1a 4 6O
Joyce A.Bradshaw,CMMC = A Telephone(978)688-9501
Town Clerk, * * FAX(978)688-9557
�ITS ACHus
MEMORANDUM
TO: Rosemary Conelly Smedile, Chairman, Licensing Comm.
Members of the Board of Selectmen
Raymond Santilli, Asst. Town Manager
FROM: Karen A. Fitzgibbons, Asst. Town Clerk
SUBJECT: New Year's Eve hours
DATE: December 8, 2011
The following three (3) establishments wish to be open until 2 am on New Year's Eve:
Orzo's
China Blossom
Camelot
Last year the Board voted to allow the above named businesses to remain open until 2:00 am
with the service of alcohol to end at 1:00 am. Should the Board vote in favor of this, I will
notify the owners/managers in writing of your approval.
A favorable recommendation is included from the Police Department.
If you have any questions/concerns please do not hesitate to contact me or Joyce Bradshaw.
Thank you.
Massachusetts State Lottery Commission
60 Corum6ianStreet r F-'EC4IVED
Braintree, Wassaehusetts 02184-1738
Licensing Tax• (781 849-5656 401 w �� �
STEVEN GROSSMAN PA e1IE'Tl' �.,=RIafRG
Treasurer and Wrceiver General- F ec IMe' r�ctorS
December 8,2011
Town of North Andover
Board of Selectmen
120 Main Street
North Andover, MA 01845
Dear Sir/Madam:
The Massachusetts State Lottery is offering existing, non-pouring agents our KENO To Go game,
a transaction which is identical to the already existing on-line games, such as Megabucks and Mass
Cash. At this time,the Lottery is not providing agents with a KENO monitor as part of this
program.
In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified that the
followrn agent(s) m our community will be sent an application and agreement to sell the
g *existing • Y Y pP g
KENO To Go product: LA BOTTEGA WINE&BEER
1820 TURNPIKE ST
N ANDOVER,MA 01845
If you object to these agent(s) selling KENO To Go,you must do so, in writing,within,twenty-one
(21) days of receipt of this letter. Please address your written objection to William J. Egan, Jr.,
General Counsel, Massachusetts State Lottery Commission, 60 Columbian Street, Braintree,MA
02184'. Should you have any questions regarding this program or any other issue relative to the
Lottery, please call me at 781-849-5555. I look forward to working with you as the Lottery
continues its' efforts to support the 351 cities and towns of the Commonwealth.
Sincerely,
Paul R..Sternb'urg
Executive Director
Certified Mail-Return Receipt Requested:
7004 2510 0000 8415 1613
(12-11) Supporting tfiie 351 Cities and Towns of Massachusetts
Fitzgibbons, Karen
From: Carney, John
Sent: Thursday, December 08, 2011 2:45 PM
To: Fitzgibbons, Karen
Cc: Gallagher, Paul
Subject: RE: New Year's Eve hours
The Police Department has no objection to these three establishments staying open until 2:00 AM on New Year's Eve.
Lt. John Carney
Operations Division Commander
North Andover Police Department
1475 Osgood Street
North Andover, MA 01845
978-683-3168
jcarney�ic napd.us
From: Fitzgibbons, Karen
Sent: Thursday, December 08, 2011 2:43 PM
To: Carney, John
Cc: Bradshaw, Joyce
Subject: New Year's Eve hours
Hi Lt. Carney,
China Blossom, Orzo's and Camelot wish to remain open on New Year's Eve until 2 am with service of alcohol to cease at
1 am. I am looking for the Police Department's approval/disapproval to include in the Selectman's packet due by 4:30
pm today.
As always,thank you for your co-operation.
Karen
A-76Wowd
978-688-96'O.1
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
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1
Vassacfiusetts State Lottery Commission _
60 Cofum6tan Street r E C 4�V E D
Braintree, 9tassachusetts 02184-1738
I DEC Licensing TwG- (781 849-5656 Lo I w PH �
STEVEN GR0SSMAN PA P r f� I��UI�TfRG
Treasurer and�R§ceiver General 1 F ecu I c 0`r5
December 8,2011
Town of North Andover
Board of Selectmen
120 Main Street
North Andover, MA 01845
Dear Sir/Madam:
The Massachusetts State Lottery is offering existing, non-pouring agents our KENO To Go game,
a transaction which is identical to the already existing on-line games, such as Megabucks and Mass
Cash. At this time,the Lottery is not providing agents with a KENO monitor as part of this
program.
In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified that the
following exikin agent(s) in your community will be sent an a pp lication and agreement to sell the
KENO To Go product: LA BOTTEGA WINE &BEER
1820 TURNPIKE ST
N ANDOVER,MA 01845
If you object to these agent(s) selling KENO To Go,you must do so, in writing, within.twenty-one
(2 1) days of receipt of this letter. Please address your written objection to William J. Egan,Jr.,
General Counsel,Massachusetts State Lottery Commission, 60 Columbian Street, Braintree,MA
02184-. Should you have any duestioils regarding this program or any other issue relative to the
Lottery,please call me at 781-849-5555. I look forward to working with you as the Lottery
continues its' efforts to support the 351 cities and towns of the Commonwealth.
Sincerely,
Pahl R.Sternb'urg ,
Executive Director
Certified Mail-Return Receipt Requested:
7004 2510 0000 8415 1613
(12.11) Supporting the 351 Cities and Towns ofWassac(usetts
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
i
NORTH
0��,�eo eb gtiO
•.
Joyce A. Bradshaw, CMMC F A Telephone(978)688-9501
Town Clerk, * * FAX(978)688-9557
q�R4To APP .(�7
�SSACHUSE�
MEMORANDUM
TO: Rosemary Connelly Smedile, Chairman Licensing Comm.
Members of the Board of Selectmen
Raymond Santilli, Asst. Town Manager
FROM: Karen A. Fitzgibbons, Asst. Town Cleric
SUBJECT: Licensing Renewals for 2012
DATE: December 7, 2011
I respectfully submit the attached list of establishments for your review in approving their
licenses for the calendar year 2012.
With regards to the Section 12 (alcohol licenses), the Building Inspector and Fire Chief have
signed off on their joint inspection. Valid copies of the signed forms are in the Town Clerk's
Office files. All appropriate paperwork regarding Worker's Compensation Insurance and
Alcohol Liability Insurance is likewise in our office files.
Under Fire Safety Regulation, effective June 1, 2011, all Section 12 licensees (alcohol licenses)
with:
1. With an occupant load of 100 or more persons and
2. Who are a:
(a) "nightclub, dance hall, discotheque or bar" or who
(b) feature entertainment by a live band or recorded music generating above normal sound
levels and have a specific area designated for dancing must have a trained Crowd
Manager in the licensed premises at all times that they are open to patrons. According
to the North Andover Fire Department three (3) establishments have been identified as
needing a Crowd Control Manager: China Blossom, Camelot and the VFW. A Crowd
Control Manager has been identified at all three locations.
If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw.
Thank you.
TOWN OF NORTH ANDOVER
Licensing Commission
2012 LICENSE RENEWALS-DECEMBER 12,2011
Common Victuallers-All Alcohol-$3,000
Occupancy Establishment
106 Aglio, Inc. d/b/a/Orzo Cafe Trattoria(M35,P27)
1077 Osgood Street (PP8-2-229)
Michael A. Reppucci, Manager
(978)686-6921 ABCC#082600035
85 TRJ Line Inc.d.b.a. Culpper's (M98D,P44)
815 Turnpike Street
James A. Tringale, Manager
(978)794-1100 ABCC#082600038
184 Bertucci's Restaurant Corp. (M24,P32) (PP9-2-195)
d/b/a Bertucci's Brick Oven Ristorante Mail to:155 Otis Street
435 Andover Street Northboro, MA 01532
Steven Gerrish,Manager Attn: Renee' LeBlanc
(978)685-4498 ABCC#028600001
106 Buono Bistro,LLC
202 Sutton Street
Manager: Tara Kennedy
161 The Restaurant Group Inc. d/b/a Joe Fish (M35,P36) (PP 2-235)
1120 Osgood Street
James Dietz,Manager
(978)685-3663 ABCC#082600007
250 up Camelot Building Association,Inc. d/b/a Camelot(M74,P23) (PP8-2-303)
100 dwn 505 Sutton Street
Susan Zeytoonian, Mgr,ABCC Approval) (978)687-9136 (978-688-6812 -
John S. Thompson) ABCC#082600012
Func.Rm 221 China Blossom,Inc. (M74,P3) (PP9-2-50)
Main Din 106 946 Osgood Street
Lounge 188 San Joe Chu, Manager
Rear Din 66 (978)682-2242 ABCC#082600012
1
52 Chipotle's Mexican Grill of Colorado,LLC
d/b/a Chipotle's Mexican Grill (PP2-865)
93 Turnpike St
Edward Andino, Manager (978)688-1883
76 Shunju Chinese &Japanese Restaurant(M981),P69) (PP9-2-354)
733 Turnpike Street
Chiun Hui Chan, Manager(978)681-1888
ABCC#082600026
220 The Loft Rest. (M35,P53) (PP9-2-121)
1140 Osgood Street
James Dietz, Manager
(978)686-0026 ABCC#082600008
180 99 Restaurant of Boston, Inc. (M46,P3)(PP9-2-2115) Corp Office:
267 Chickering Road O'Charlies Licensing
Dept. FID 82-0573657
3038 Sidco Drive
Charles O.Noyes, Manager Nashville, TN 37204
(978)683-9999 ABCC#082600003 Fax 615-742-8136
i
88 Shadi's, Inc. d/b/a/Shadi's Restaurant(M84,P28-4B)(PP9-2-802)
585 Chickering Road
Michel Asmer, Manager
(978)685-5722 ABCC#082600031
95 North Andover Restaurant, Inc. d/b/a Rolfs(M18,P1)(PP9-2-10)
39-41 Main Street
Lesley Carlson, Manager
(978)687-9712 ABCC#082600005
68 Bollywood Grill (M27,P27) (PP9-2-501)
North Andover Mall
350 Winthrop Avenue
Malkiat Singh Gill ABCC#082600029
111 Casa Blanca
1070 Osgood Street (PP9-2-755)
Maria G. Hernandez ABCC#082600044
(978)683-1177
180 Burtons Grill Corp.Burton Grill LLC
109 Turnpike Street 315 Main Street, Ste 201(PP9-2-608)
Patrick Gordon,Manager North Reading,MA 01880
(978)688-5600 Attn: Mary Dixon
2
The Faria Restaurant Group,LLC
d/b/a Jaime's (PP 2-860)
25 High Street
Jaime Faria, Manager
(978)655-4735
The Boston Dough Co. (under construction)
d/b/a Chama Grill
115 Main Street
Shahram Naghibi, Mgr. ABCC #082600062
FUNCTION FACILITY ALL ALCOHOL-$3,000.00
Stevens Estate(Tax Exempt)
723 Osgood Street
Erin Flannery, Manager
(978)682-7072
Restaurant-Wine & Malt-$2,000
256 Fuddruckers, Inc. (PP9-2-245)
550 Turnpike Street
James Boland, Manager
(978)557-1100 ABCC#082600034
62 Jimmy's Famous Pizza (PP9-2-63)
1591 Osgood Street
Nicholas Papantonakis, Manager
(978)685-7776
101 Stachey's Pizza (PP2-690)
9 High Street
Terrence Holland, Manager
(978)683-1999
Club-All Alcohol-$2,000
Main 200 Club 2104, Inc. (M71,P41)Tax Exempt
Ground 150 Park Street
Joseph J. Lynch, Manager
(978)687-9614 ABCC #082600010
3
Bar 30 North Andover Country Club, Corp. (M64,P6) (PP9-2-22)
Dining 40 500 Great Pond Road
Card Rm 10 James Simmons, Manager
2 n F120 (978)687-7414 ABCC#08260004
Basement 30
204 Edgewood Retirement Community (PP-9-2-286)
575 Osgood Street
Marlene Rotering, Manager
(978)725-3300 ABCC#082600039
Special (Section 14)Wine& Malt-$1,100:
Merrimack College—Campus Center: Community Dining Room, Residence
Dining Hall, Gildea Conf. Center, The Shine Lounge, Fireplace Lounge, TV
Lounge, Front Lounge, Comm. Lounge&Multi Purpose Room used on
occasional basis during special events, Warrior's Den, Sunday thru Saturday and
the Blue Line Club at the Volpe Center.
315 Turnpike Street
C. Alexa Abowitz, Esq., Manager
(978)837-5150
Packalle Store-Wine& Malt and Sunday Permits- $1,500:
LaBottega
1820 Turnpike Street(Pending ABCC approval)
Angela Paolini,Manager
Richdale Dairy Stores, Inc. (M46,P29) (PP9-2-351)
75 Chickering Road
Kevin Sharpe,Manager
(978)687-9883 ABCC#082600016
Richdale Convenient Store (PP9-2-350)
4 Main Street
Mohammad Alam,Manager
(978)686-5999
Yente,LLC (PP9-2-819)
1503 Osgood Street
Tracy Adley, Manager
(978)682-0081
Package Store-All Alcohol and Sunday Permit-$2,000:
McCraken's Liquors and Wines, Inc. (M84,P5) (PP9-2-97)
531 Chickering Road
4
Andrew Buco. Manager
(978)682-8029 ABCC#082600017
64 Main Street Liquors, Inc. (M29,P19) (PP9-2-21)
64 Main Street
Joanne Melillo, Manager
(978)685-5302 ABCC#082600024
I
Butcher Boy Meat Market, Inc. (M35,P27) (PP9-2-227)
1077 Osgood Street
Evon Yameen, Manager
(978)688-1511 ABCC#082600025
Tutto Bene LLC d/b/a Wine Connextion (M29,P48)
117 Main Street
Salvatore Messina,Manager
(978)686-9649 ABCC#082600019
Den Rock Liquor Mart, Inc. (PP9-2-442)
54 Peters Street
William J.Burliss, Manager ABCC#082600023
(978)683-2216
Tuscan Market, Inc.-The Vineyard (M25,P1) (PP9-2-218)
550 Turnpike Street
William Dwyer,Manager
(978)688-5005 ABCC#082600036
Wine &Beer at the Andovers, LLC (PP9-2-805)
d/b/a Liquor, Wine &Beer at the Andovers
350 Winthrop Avenue(342 Winthrop Avenue)
Bill Buco,Manager
(978)686-1864
Voted at Town Meeting to increase quota 2007'
Approved—July 11, 2008-Enacted Legislation
Virginia, Inc. dba J&M (PP9-2-400)
701 Salem Street
Michael J. Xenakis,Manager
(978)974-0900 ABCC#082600040
Approved—June 7, 2010—By ABCC-Quota Exception Approved by
Enacted Legislation
5
Common Victualler: $75.00
Amici's Pizzeria (PP2-712)
127 Waverley Road
Leo Altovino/Dan Sarno Managers
(978)725-9339
A Haute Dish
2-4 Johnson Street
Jennifer Broberg
508-612-3774
Brigham's,North Andover (M27,P27) (PP9-2-172)
Winthrop Avenue
Fari Tayarani
(978)682-0824
Burke's Den Rock Mobil (M26,P7)(PP9-2-186)
350 Winthrop Avenue
William F. Burke
(978)682-2951
Butcher Boy Meat Market (M35,P27)
1077 Osgood Street
Evon Yameen, Manager
(978)688-1511
The Cafe' (M28,P1) (PP9-2-153)
208 Sutton Street
Charles A.Matses
(978)685-1977
Captain Pizza (M98D,P69) (PP9-2-133)
733 Turnpike Street
Soterios Kareklos &Robert Safi
(978)975-1230
Carrol's d/b/a/Burger King#260 (M24,P67) Mailing Address:
Carrols Corp.
188 Turnpike Street 968 James St.
Paul Flanders, Executive VP
P.O. Box 6969
(978)685-4490 Syracuse,NY 13217-6969
Attn: Michele Brunozzi
6
China Wok Restaurant (M30,P1) (PP9-2-150)
129C Main Street
Sam H. Hoag, Manager
(978) 689-4495
Demoulas Supermarket(M27,P27)
Winthrop Avenue
Joe Amaral, Manager
(978)688-6322
North Andover Donut, Inc., d/b/a Dunkin Donuts (M30,P1) (PP9-2-23)
129 Main Street
Gregory Cafua,Manager
(978)794-0466
MICA Donuts, Inc. d/b/a Dunkin' Donuts (M98D,P69)(PP9-2-168)
Jasmine Plaza, 733 Turnpike Street
Gregory Cafua,Manager
(978)975-0600
Jane Donut Inc, d/b/a Dunkin Donuts (PP9-2-401)
982 Osgood Street
Gregory Cafua,Manager
(978)681-9962
Charoltte Donuts, Inc. d/b/a Dunkin Donuts (PP9-2-360)
535 Chickering Road
Gregory Cafua,Manager
(978)557-1109
MaryAnn Donuts, Inc. d/b/a Dunkin Donuts (PP9-2-364)
701 Salem Street
Gregory Cafua,Manager
(978)794-9411
Dunkin Donuts (PP9-2-820)
1501 Osgood Street
Mark P. Cafua,Manager
Santoro Enterprises,LLC (PP2-861)
d/b/a Good Day Cafe
19 High Street
John and Kathy Santoro
(978)688-6006
7
Michael Glenn, Inc. d/b/a/Harrison's Restaurant(M46,P31)
80 Chickering Road (PP9-2-187)
Alberta McMains-Michael Glenn; Alberta McMains, Manager
(978)687-9158
J&M Sub Shop(M29,P40)
69 Main Street
Christopher Vasilopoulos
(978)682-1481
Jasmine's Famous Roast Beef (PP-2-751)
1060 Osgood Street
Amr Abdel Fattah, Manager
(978)685-1500
Joe's Flaming Kabob (PP9-2-272)
d/b/a Joe's Landing Cafe'
492 Sutton Street
Joseph Chedid
(978)682-8822
Kitchen of the Bay State d/b/a (M29,P48) (PP9-2-164)
Bay State Chowda Company
109-123 Main Street
Michael Lamattina
(978)685-9610
LazerCraze (PP9-2-670)
1600 Osgood Street
Gregory Hughes
(978)689-7700
Lobster Tail Seafood (M35,P27)
1081 Osgood Street
Mark Smith, Manager
(978)685-2127
Luci's Cafe
1600 Osgood Street
James Giberson, Manager
(978)807-7195
Mad Maggie's Ice Cream (PP2-636)
1025 Osgood Street
Stephen&Margaret Reppucci, Managers
(978)685-2814
8
McDonald's Restaurant (M83,P3) (PP9-2-106)
Rte 125 at Walker Road
Charles Lietz, Manager
(978)685-9757
Mediterranean Villa (PP 2-709)
133 Main Street
Tony Mantas
617-818-2017
Merrimack College d/b/a The Hungry Warrior(Tax Exempt) (PP9-2-152)
South Volpe Athletic Complex
315 Turnpike Street
Alexa Abowitz, Manager
M&K Inc d/b/a Pizza Factory (PP9-2-291)
535 Chickering Road
Konstantinos Panousos, Manager
(978)682-0088
North Andover Booster Club (M098A,P36)
Carl Thomas Playground, Dana Street
William McCarthy,President
161 Campbell Road
(978)688-9590
Panera Bread (PP9-2-447) Mail To: PR Restaurant LLC
58 Peters Street 17 Fellsmere Road,
David Peterson&Mitchell Roberts Newton, MA 02459
(978)749-0637 Attn: Mitchell Roberts
Perfecto's of North Andover,Inc. (M35,P27) (PP9-2-318)
1115 Osgood Street
Phil Jay, Manager
(978)689-4292
Quic Pic (M84,P5)
533 Chickering Road
Stephen Mancuso.,Manager
(978)686-2798
Richdale Dairy Stores, Inc. (M46,P29) (PP9-2-351)
75 Chickering Road
Kevin Sharpe, Manager
(978)687-9883 24 hours
Richdale Dairy Stores, Inc. (M28,P18) (PP9-2-350)
4 Main Street
Mohammed J. Alam,Manager
(978)686-5999
9
Sal's Just Pizza (M71,P25) (PP9-2-163)
476 Chickering Road
Salvatore Lupoli,Manager
(978)689-7374
Sam's Mobil Mart (PP9-2-118)
12 Mass Avenue
Samuel J. Ameen Jr.
(978)689-2719)
I
Smolak Farm (M104C,P16) (PP9-2-127)
315 South Bradford Street
H. Michael Smolak,Jr.
(978)682-6332
Starbucks' Coffee (PP 2-406) Starbucks Fax#206-318-3197
562 Turnpike Street P.O. Box 34442 Tax 2 (PP9-2-479)
Ryan Choi, Manager Seattle, WA 98124
(978)975-7229
Star Pizza (M29,P46) (PP9-2-28)
11-15 First Street
Paul Dedoglou,Manager
(978)683-0472
Stop& Shop (PP2-338)
757 Turnpike Street(125 Willow Street)
Kenneth McGuiness, Manager
(978)683-9666
Sultan Mediterranean Caf6 Inc d.b.a. Sultan Mediterranean Cafe
Issam Ramey, Manager
166 Sutton Street
(978) 686-3809
Virginia, Inc. dba: Taki's Pizza
705 Salem Street
James M. Xenakas
(978)682-8200
Tuscan Market Inc. d/b/a The Vineyard (M25,P1)
554 Turnpike Street (PP 2-191)
William Dwyer, Manager
(978)688-5005
10
i
Class II-$100:
North Andover Getty (M98D,P9) (PP9-2-135) Change Name to:North
Andover Auto Sales
785 Turnpike Street
Roger G. Feghali
(978)685-3295 Transfer 2/4/91 Max. 4 Vehicles
F. Jack Kinsman (M71,P26) (PP9-2-125)
Kinsman Auto Sales
145 Andover By-Pass
(978)682-6351 Max 6 Vehicles
Charles McAllister d/b/a/In-Laws, Inc. (M28,P23) (PP2-97)
200 Sutton Street
Charles McAllister
(978)688-4332 Maximum 3 vehicles
Main Street Service (M29,P42) (PP 2109)
77 Main Street (PP9-2-94)
Mary McElhiney
(978)687-9788 Maximum 12 vehicles
North Andover Auto Computer&Diagnostics (M34,P44)
1615 Osgood Street
Mark A. Valentino
(978)687-1388 -Max 18 vehicles for sale-Total of 25 vehicles allowed
Towne Auto Body (M77,P13) (PP2-271)
307 Clark Street
Donna Myers
(978)975-8700 Maximum 15 vehicles
Ray Finocchiaro
1 I Riverview Street
BodyWorks Auto Body (PP9-2-194)
1175 Turnpike Street
R. Justin McElhiney
(978)688-1961
11
Silverstone Motor Cars Internet Sales of Used cars
2350 Turnpike Street
Paul Fluckiger
Class III-$100:
Bob's Auto Parts (M106D,P38)
44 Ash Street (PP 2-96)
Robert&Joan Houghton
(978)686-7652
Automatic Amusement Device- $100/Machine:
TRJ Line Inc. (M98D,P44)
d/b/a Culpeppers Pub &Grille
815 Turnpipke Street
(2 - CD Juke Box/Video Arcade Game)
Camelot Building Association, Inc. (M74,P23)
505 Sutton Street
Susan Zeytoonian, Manager
(4 Automatic Amusement Devices -2 Pool Tables,Juke Box,
Multi Game Machine
Fuddruckers, Inc.(M25,Pl)
550 Turnpike Street
James Boland, Manager(8)
N.A. Restaurant d/b/a Rolf s(M18,P1)
39 Main Street
Leslie Carlson
(978)687-9712
(2 Automatic Amusement Device
Megatouch Ion 2006,Superbowling)
Club 2104,VFW (Tax Exempt)
Park Street
Joseph Lynch,Manager
(978)687-9614
(4 Automatic Amusement Devices-Juke Box)
12
LazerCraze
1600 Osgood Street
Gregory Hughes
(20 Automatic Amusement Devices)
Entertainment Licenses: $100.00
106 Aglio, Inc. d/b/a/Orzo Cafe Trattoria(M35,P27)
1077 Osgood Street
Michael A.Reppucci, Manager
(978)686-6921
Cable TV—Wide Screen TV
85 TRJ Line Inc.d.b.a. Culpeppers (M98D,P44)
815 Turnpike Street
James A. Tringale, President
(978)794-1100
Jukebox/Cable TV/Windscreen TV/
Dancing By Patrons
184 Bertucci's Restaurant Corp. d/b/a Bertucci's
Brick Oven Pizzeria(M24,P32) 155 Otis Street
435 Andover Street Northboro, MA 01532
Paul Hoagland, Manager Attn: Renee' LeBlanc
(978)685-4498
Cable TV/Taped Music
106 Buono Bistro LLC
220 Sutton Street
i
Cable TV/Instrumental Music(3-4)Nocal Music(1-2)
i
180 Burtons Grill
109 Turnpike Street
Cable TV/Wide Screen TV
161 The Restaurant Group Inc. d/b/a Joe Fish(M35,P36)
1120 Osgood Street
James Dietz, Manager
(978)685-3663
Cable TV/Widescreen TV
13
250 up Camelot Building Association, Inc. d/b/a Camelot(M74,P23)
100 dwn 505 Sutton Street
Susan Zeytoonian, Manager
(978)687-9136
Jukebox/Cable TV/Wide Screen TV/
InstrumentalMusic (1-5)/Vocal Music(1-2)/Dancing By Patrons
Func. Rm 221 China Blossom, Inc. (M74,P3)
Main Din 106 946 Osgood Street
Lounge 188 San Joe Chu, Manager
Rear Din 66 682-2242
Amplifiers/Phono/Cable TV/Comedy Show
Wide Screen TV
The Faria Restaurant Group
d/b/a Jaime's
25 High Street
Jukebox,Widescreen TV/Stereo/Satellite Music/Occasional Live Music
76 Shunjo Chinese&Japanese Restaurant(M98D,P69)
733 Turnpike Street
Chiun Hui Chan, Manager
(978)681-1888
Cable TV/Juke Box/Amps/Widescreen TV/
Instrumental Music
220 North Andover Group, Inc. d/b/a/The Loft Restaurant(M35,P53)
1140 Osgood Street
James Dietz,Manager
(978)686-0026
Cable TV/Widescreen TV
180 99 Boston, Inc. (M46,P3)
267 Chickering Road
Charles O.Noyes, Manager
(978)683-9999
Cable TV/Amplifiers
68 North Andover Restaurant, Inc. d/b/a Robs (M18,PI)
39-41 Main Street
Lesley Carlson, Manager
(978)687-9712
Jukebox/Cable TV/Widescreen TV/Vocal Music/
Dancing by Patrons/Instrumental Music
14
68 Bollywood Grill (M27,P27)
North Andover Mall
350 Winthrop Avenue
Malkiat Singh Gill,Manager
(978)689-7800
Amplifiers (CD Music)
122 Casa Blanca
1070 Osgood Street
Maria Henandez
(978)683-1177
Amplifiers/Widescreen/Cable TV,Instrumental/Vocal Music (4)
Main 200 Club 2104, Inc. (M71,P41) Tax Exempt
Ground 150 Park Street
Joseph J. Lynch, Manager
(978)687-9614
Jukebox/Cable TV/Amps/Widescreen TV
Instrumental Music (6)/Vocal/Dancing by Patrons
130 North Andover Country Club
500 Great Pond Road
James Simmons, Manager
(978)685-4776
Cable TV/Dancing by Patrons (Weddings)Instrumental Music (5)/Vocal
Music
156 Fuddruckers
550 Turnpike Street
James Boland
(978)557-1100
Piped in Music
Santoro Enterprises,LLC
d/b/a Good Day Cafe
19 High Street
John and Kathy Santoro
(978)688-6006
Amplifiers/CableTV/Widescreen TV/Instrumental Music: 2-3 Instruments:
String,Horn,Drum,Wind
98 Chipotle Mexican Grill
93 Turnpike Street
(978)688-1883
Amplifiers/Cable TV/Widescreen TV
15
Tuscan Market, Inc d/b/a The Vineyard (M25,P1)
550 Turnpike Street
William M Dwyer, Manager
(978)688-5005 Phono
Brigham's,North Andover(M27,P27)
Winthrop Avenue
Fari Tayarani
(978)682-0824
Amplifiers
Demoulas Supermarket(M27,P27)
Winthrop Avenue
Brian Casassa, Manager
(978)688-6322
Amplifiers(Music piped through Store)
62 Jimmy's Famous Pizza(M34,P4)
1591 Osgood Street
Nicholas Papantonakis,Manager
(978)685-7776
Cable TV
McDonald's Restaurant(M83,P3)
Rte 125 at Walker Road
Charles Lietz, Manager
Amplifiers (Muzak)
Smolak Farm (M104C,P16)
315 South Bradford Street
H. Michael Smolak, Jr.
Amplifiers/Instrumental Music/Instruments 1-6,
Vocal/Dancing by Patron
Starbuck's
562 Turnpike Street
Amplifiers
Stop & Shop
757 Turnpike Street
Amplifiers
Merrimack College—Campus Center(Gildea Hall,Faculty Dining
Room (Tax Exempt)Adjourning Lounge, and Warrior's Den)
Turnpike Street Alexa Abowitz, Manager
(978)683-7111
Various Types/Cable TV/Widescreen TV/Instrumental Music
Dancing by Patrons/Vocal Music
16
Burger King
188 Turnpike Street
Piped in Music
LaserCraze
1600 Osgood Street
Piped in Music/Cable TV
Jasmine's Famous Roast Beef
1060 Osgood Street
Radio
Stachey's Pizza
21 High Street
Jukebox/Cable TV/WideScreen TV
Quic Pic
535 Chickering Road
Radio/Cable TV
150 Stevens Estate
723 Osgood Street
Laura Gifford
Amplifiers/Vocal Music/Instrumental Music/Dancing by Patrons
Edgewood Retirement Community
575 Osgood Street
Piped in Music
Mica Donuts
d/b/a Dunkin Donuts
733 Turnpike ST
Amplifiers
Charlotte Donuts
d/b/a Dunkin Donuts
535 Chickering Road
Amplifiers/Radio/Cable TV
Perfectos of N.A. Inc
d/b/a Perfecto's Cafe
1115 Osgood Street
Amplifiers
North Andover Donut Inc.
d/b/a Dunkin Donuts
129 Main Street
Amplifiers
17
Mary Ann Donuts Inc.
d/b/a Dunkin Donuts
701 Salem Street
Amplifiers
Jane Donuts
d/b/a Dunkin Donuts
982 Osgood Street
Amplifiers
Michael Glenn Inc
d/b/a Harrison's Restaurant
80 Chickering Road
Amplifiers
Dag Food Enterprises Inc.
d/b/a Pizza Factory
535 Chickering Road
Cable/Widescreen TV
Panera Bread
58 Peters Street
Radio//TV/Amplifiers
Limo/Livery Licenses:
i
Valley Coach of North Andover
407 Massachusetts Avenue
North Andover, MA 01845
Mark Walsh/James Lambert
One Stop Transportation—Eatman Limo Services
77 Beverly Street
North Andover, MA 01845
Timothy Eatman
18
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SSACHUS�i�y
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978688-9556
E-mail jbradshaw@,townofnoi-thandover.com
MEMORANDUM
TO: Tracy M.Watson, Chairman and Members of the Board of Selectmen
FROM: Joyce A.Bradshaw,Town Clerk
SUBJECT: Proposal by William Campbell for State Election Changes
DATE: December 1,2011
Attached is a copy of correspondence and House Bill 1872 outlining changes to
be made to Elections in 2012. House 1972 which is pending in the Joint Committee on
Election Laws. This bill would combine the presidential and state primaries to June 5,
2012. Currently, the State Primary date has been changed from September 18, 2011 to
Thursday September 6, 2012. There is serious discussion to changing that date because
of convention conflicts and other issues.
I bring this forward for discussion with the Board. Mr. Campbell requests that"at
this point, it could be something as simple as voting to support passage of H1972 and
directing that a letter communicating the support be sent to the Joint Committee on
Election Laws and to your State Representatives and State Senators."
I and my Board of Registrars concur that this is worthy of consideration. We
share the concern that proper time be allowed to send proper absentee ballots to our
military and their families as well as other overseas voters. Veteran's Agent Ed Mitchell
also agrees that we must do whatever is necessary to facilitate this.
I will be at your meeting Monday December 5,2011 to discuss.
i
m� city of Woburn, .Massachusetts
o'���RPUfla��`6ary
OFFICE OF THE CITY CLERK
WILLIAM C.CAMPBELL City Hall
City Clerk 10 Common Street
Woburn, MA 01801
'I
November 30, 2011
i
His Excellency the Governor
Devel L. Patrick
State House—Room 280
Boston, MA 02133
Re: 2012 State Primary
Dear Governor Patrick:
I
This is to bring to your attention H1972"An Act Regulating State Primaries"that is pending in
the Joint Committee on Election Laws. The bill has the support of communities by affirmative
votes of Boards of Selectmen and City Councils across the Commonwealth—from Mount
Washington to Amesbury and from Cheshire to Provincetown,Northampton, Amherst,Fall
River and Gloucester,to name a few.
H1972 would combine the presidential and state primaries to June 5, 2012. The bill will increase
voter turnout,reduce costs of elections by at least$8 million,reduce voter fatigue,reduce
security issues in schools by using the buildings less for elections, ensure that Massachusetts
residents including military personnel residing overseas receive a ballot and the ballot is counted,
and eliminate any voter being required to waive their right to a secret ballot. Both California and
New Jersey recently took the same action, combining their presidential primary and state primary
to June 5, 2012.
There is no question that the proposal is bold. However,these times call for bold action and new
solutions to problems facing the residents and businesses of the Commonwealth. Rather than
tinker at the edges and move the state primary forward or back a few days, with.all due respect
for your office, I urge that you call for the adoption of H1972 swiftly so that communities can
take action to implement the bill.
The one objection that will be offered is that it is too late to act. In 2008,the Presidential Primary
was moved forward from March 4, 2008 to February 5, 2008. The act that allowed that change
was approved on November 26, 2007—just 71 days before the February 2008 primary. H1972 is
pushing the election further out and therefore gives election officials more time to prepare than in
2008 where the calendar was shortened. It is never too late to act.
His Excellency the Governor
Devel L. Patrick
Re: 2012 State Primary
November 30,2011
Page Two
Finally, it is clear that due to a number of Massachusetts statutory provisions which impact the
printing of ballots, any date later than August will place Massachusetts out of compliance with
the federal MOVE Act. The New York state primary is currently scheduled for September 11,
2012. The Department of Justice asked a federal judge to issue an order compelling the state of
New York to hold the state primary no later than August 2012 as the state will not be in
compliance with the MOVE Act.
I am available to meet at any time with you or your aides to discuss the particulars of the
proposal.
Thank you for your kind attention and consideration of this important matter.
Very truly yours,
William C. Campbell
City Clerk
cc: The Honorable Senate President Therese Murray
The Honorable Speaker of the House Robert DeLeo
The Honorable Senator Minority Leader Bruce Tarr
The Honorable House Minority Leader Bradley Jones
Joint Committee on Election Laws Co-Chair the Honorable Barry Finegold
Joint Committee on Election Laws Co-Chair the Honorable Michael J. Moran
Mass. Democratic Party Chairman John Walsh
Mass. Republican Party Executive Director Nick Little
(by fax)
NORTij
°° .n �
gSSACHUS��
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
i
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9556
E-mail jbradshaw@townofnorthandover.com
MEMORANDUM
TO: Tracy M.Watson, Chairman and Members of the Board of Selectmen
FROM: Joyce A.Bradshaw,Town Clerk
SUBJECT: Clarification Vote for June 12,20 2 Annual Town Meeting Date
DATE: December 7,2011
The date of the 2012 Annual Town meeting was voted by the Board of Selectmen
to be Tuesday June 12, 2012 beginning at 7:OOPM at the North Andover High School.
Town Counsel Thomas J. Urbelis and I consulted with Kelli Gunagen,Assistant Attorney
General to be certain that the proper process is followed. She suggested the following
clarification:
1. Rescind the vote of September 26, 2011 to hold the Annual Town Meeting on
Tuesday June 12, 2012.
2. Vote to hold the 2012 Annual Town Meeting on Monday May 1, 2012.
(Town Bylaws Chapter 59-6 stating that the "Annual Town meeting shall be
held on the first Monday in May at 7:00PM).
3. Vote to delay the 2012 Annual Town Meeting until Tuesday June 12, 2012 at
7:OOPM at the North Andover High School. (Pursuant to Massachusetts
General Law Chapter 39 Section 9).
The above votes will assure proper compliance. Town Counsel and I will be
drafting articles to amend the Bylaw Chapter 59 Section 6 to remove the date. We will
also have an Article to amend the Town Charter Chapter 2 Section 3-1 to be in
accordance with current Massachusetts General Law Chapter 39 Section 9 which allows
Annual Town Meetings to be held in June. The charter now reflects the dates that were
in effect when the Charter was adopted.
I will be at your meeting Monday December 12,2011 to answer any questions.
t
CHAPTER 2 A)
TOWN MEETING
Section 1 Organization and Powers
2-1-1 The legislative powers of the town shall be exercised by a town meeting
open to all registered voters of the town.
2-1-2 The town meeting shall consider and act upon with or without
amendments, all bylaws, proposed operating and capital improvement budgets, bond
issues,and other financial proposals of the town.
2-1-3 The town meeting shall possess and may exercise all powers possible
under general law.
Section 2 Warrants
2-2-1 The Board of Selectmen shall prepare the warrant for all town meetings.
2-2-2 The warrant for the Annual Town Meeting shall be closed not more than
75 (seventy-five) days, but at least 40 (forty) days before the date for-the meeting,
provided that by unanimous vote,the Board of Selectmen may reopen the warrant in case
of emergency, The warrant for any Special Town Meeting shall be closed not more than
40 but at least 20 days prior to the date of the meeting. (Chapter 447 of the Acts of 2004)
2-2-3 The warrant for each annual and special town meeting shall be posted in a
public place in every precinct in the town at least seven days prior to the annual town
meeting and at least fourteen days prior to any special town meeting.
2-2-4 The warrant for each Special Town Meeting shall have a summary of each
article prepared by the Town Cleric, published in a newspaper of general circulation at
least seven days before the meeting. The publication shall include the location where
copies of the full warrant text can be obtained or viewed, or requests for copies may be
sent, (Chapter 446 of the Acts of 2004)
J
Section 3 Procedures `�9
oe
2-3-1 The town meeting shall meet xerlrly-beeerr-tpr'
May twenty-ei�htkn- as specified in the town by-laws to consider and adopt an annual
operating and capital budget, and to act on other matters. The meeting shall be continued
on other days,until all articles in the warrant have been acted upon.
3
CHAPTER 59 -
TOWN MEETINGS
[HISTORY: Adopted by the Town of North Andover as Chapter 2 of the General Bylaws. Amended
July 10,2006 STM Article 12—Approved by Attorney General September 1,2006] [Amended May
13,2009-Article 45 59-5 Paragraph C added] [Amendments noted where applicable.]
GENERAL REFERENCES
Charter Provisions-See Charter Chapter 2
§ 59-1 Adjournment
§ 59-2 Quorum
§ 59-3 Reconsideration Vote
§ 59-4 Secret Ballots
§ 59-5 Information Required for Consideration of Articles
§ 59-6 Annual Town Meeting
§ 59-7 Votes to Be Declared by the Moderator
§ 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,
[Amended:STM November 29,1996—Approved by Attorney General December 23,1996]
[Amended:ATM 5-31999,Article 14- Approved by Attorney General July Z7,19991
§ 59-3 Reconsideration Vote.
Unless the Moderator shall otherwise rule, for reasons which he shall state to the
meeting, no second motion for the reconsideration of any action taken by any Town
Meeting shall be entertained during that meeting or any adjourned session thereof.
§ 59-4 Secret Ballots.
[37]
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, any Article in the warrant for said Annual or
Special Town Meeting shall be voted upon by Australian(secret)ballot,
§ 59-5 Information Required for Consideration of Articles.
[Added:Annual Town Meeting May 2,1988,Artiele 44]
A. The sponsor of any Article requiring the raising and/or appropriation of
town funds shall provide to the Town Manager and to the Finance Committee the
following information;
1. Total estimated dollar cost of the Article including:
a. Start-up costs.
b.Reoccurring annual costs,including any increase in personnel
and/or equipment purchases.
c.Source of estimate.
2. Estimate of any possible revenues the project might generate.
3. Proposed source and/or mechanism for funding.
4. Reason(s)for the request,including but not limited to need.
5. Population group most likely to benefit or be affected by the
project.
6. Possible alternatives to the requested proposal.
7. Schedule or time frame for completion of the project.
8. Any motions that would be introduced to support the Article as
submitted.
B. This information shall be provided within two(2)days after the final fixed
date for receiving Articles into the warrant for the Annual or any Special Town
Meetings,
C. All CIP (Capital Improvement Plan) articles which seek to raise in excess
of $500,000, shall in addition to any other method of funding, include the
appropriate language to allow, but not necessarily require, for funding through a
Massachusetts General Laws Chapter 59, Section 21C Debt Exclusion Override.
(Added by Article 45 2009 Annual Town Meeting=Approved by Attorney
General September 2,2009)
(:§::5:9-6 ) Annual Town Meeting
[Amended: Annual Town Meeting May 2,1994,Artiele 17] [Amended:Annual Town Meeting May
12,1997,Article 37,Attorney General Approval August 13,1997] [Amended:Annual Town Meeting
May 15,2000,Article 35]
[38]
-Mo3.�1 -Mai-a.�•:00-p
In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall
be held on any weekday evening Monday through Thursday at 7,00 p.m. until all articles
in the warrant have been acted upon.
§59-7 Votes to be Declared by Moderator
[Amended: Annual Town Meeting May 12, 1997, Article 37, Attorney General Approval
August 13, 1997][Amended July 10, 2006 STM Article 12, Attorney General Approval October 6,
2006]
The Moderator may take all votes requiring a two-thirds majority in the same
manner in which he or she conducts the taking of a vote when a majority vote is required.
The Moderator may take all votes requiring a two-thirds majority in the same
manner in which he or she conducts the taking of a vote when a majority vote is required.
r [39]
DRAFT
TEMPORARY EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF ANDOVER,
TOWN OF NORTH ANDOVER AND BRIAN LEATHE
This Agreement, made and entered as of this day of December 2011, by and
between the Town of Andover, Town of North Andover and Brian Leathe.
The Town of Andover desires to employ the services of Brian Leathe as a temporary
substitute Local Building Inspector and North Andover agrees to allow this Employee to
perform this work for Andover for a limited period of time.
The parties agree as follows:
1. The Town of Andover agrees to employ Brian Leathe in a part-time/temporary
status as a substitute Local Building Inspector. The Town of North Andover
agrees to allow the Employee to perform this work for Andover. The
employment will commence upon the execution of this Agreement.
2. The purpose of this employment Agreement is to have Brian Leathe perform field
inspections for Andover on as-needed basis while an Andover Local Building
Inspector is incapacitated.
3. Andover will reimburse the Town of North Andover for the actual hours that
Brian Leathe works at the rate of$30.26 per hour ($26.31 hourly rate plus 15%
for fringe benefits).
4. Worker's Compensation. During the period where this agreement is in effect, in
the event that the employee has an injury while performing work for Andover
which is compensable under M.G.L. c152, Andover agrees to pay 50% and North
Andover agrees to pay 50% of the worker's compensation claim.
1
DRAFT
5. The employee will retain all benefits currently provided by the Town of North
Andover during the term of this Agreement. Brian Leathe is not eligible to
participate in any fringe benefits provided by Andover including but not limited to
health insurance benefits, vacation days, holidays, personal days or sick days.
6. Andover agrees to reimburse Brian Leathe for the use of his personal vehicle for
all Town related business within the municipality at the applicable IRS rate which
is currently $0.50 per mile. Andover will not reimburse Brian Leathe for mileage
accrued commuting to and from his place of employment.
7. The Town of Andover agrees that Brian Leathe will work no more than four hours
per day and no more than nineteen hours in a seven-day pay period.
8. Brian Leathe agrees to maintain a log of all work performed for Andover and a
copy of said log will be forwarded weekly to each town's designee.
9. Brian Leathe will contact Paula Hamel, Department of Community Development
& Planning at 978-623-8310 or via e-mail at phamel a,andoverma.gov, prior to
3:00 P.M. on a daily basis to see if his services are required for the next day.
10. The Town Managers of Andover and North Andover, or their respective
designees, agree to meet and confer concerning the status of this temporary
employment agreement within thirty calendar days after execution of this
agreement.
11. This Agreement will not exceed ninety calendar days from the execution of this
Agreement unless otherwise mutually agreed to by all parties in writing.
12. No Modification. No change or modification of this Agreement shall be valid
unless it shall be in writing and signed by all parties.
2
RAFT
13. This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts.
TOWN OF NORTH ANDOVER TOWN OF ANDOVER
By its Assistant Town Manager By its Town Manager
Raymond T. Santilli Reginald S. Stapczynski
EMPLOYEE
Brian Leathe
3