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HomeMy WebLinkAbout2011-07-25 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,TORT{, oFt,�•o ,dgHO Daniel P. Lanen,Chairman 3= sr, o� TEL. (978)688-9510 William F. Gordon ° • ° FAX(978)688-9556 Rosemary Connelly Smedile Donald B. Stewart *9'��RRTtuM fPy�y* Tracy M. Watson 9SSACHU`'E� BOARD OF SELECTMEN &LICENSING COMMISSIONERS AGENDA JULY 25,2011 —6:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET L CALL TO ORDER II. EXECUTIVE SESSION A. Litigation III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. Executive Session Minutes as written of June 2,2011 B. Executive Session Minutes as written of June 6,2011 C. Executive Session Minutes as written of June 7, 2011 D. Executive Session Minutes as written of June 13,2011 E. Executive Session Minutes as written of June 16,2011 F. Executive Session Minutes as written of June 20, 2011 G. Open Session Minutes as written of June 2, 2011 H. Open Session Minutes as written of June 6,2011 1. Open Session Minutes as written of June 7,2011 J. Open Session Minutes as written of June 13, 2011 K. Open Session Minutes as written of June 16, 2011 L. Open Session Minutes as written of June 20,2011 M. Open Session Minutes as written of June 22,2011 N. Open Session Minutes as written of June 26,2011 O. Open Session Minutes as written of July 11, 2011 V. COMMUNICATIONS AND ANNOUNCEMENTS Vl. CONSENT ITEMS A. Permission to Fill Vacancies: 1. Asst. Water Treatment Plant Supt 2. Senior Foreman (DPW) 3. Tree Climber(DPW) 4. Communications Officer B. Appointment of Water Treatment Plant Supt C. Appointment of Facilities Management Director D. St. Michael Parish & St. Gregory Armenian Church requests permission to have a block party from 1 pm to 4 pm and close Main St from Water St to Merrimack St on 9/11/11. E. Rev. Lee Bluemel and NA Clergy Group requests to use the Town Common on 9/11/1 lfrom 6:30 pm to 7:30 pm. F. Accept donation of$500.00 from Mr. &Mrs. Edmund Leland to Police Department G. Accept donation of$100.00 from Voices of Involved Citizens to Police Department BOARD OF SELECTMEN MINUTES JUNE 2, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: William Gordon made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Non Union Personnel Negotiations. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes. Vote approved 5-0. Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. RECONVENE AND PLEDGE OF ALLEGIANCE NEW BUSINESS: Recruitment of Town Manager Chairman Daniel Lanen asked the Board to refer to the Massachusetts Recruitment Guidelines Handbook and the Town Charter Chapter 4 titled "The Town Manager"for various resources for recruiting an Interim Town Manager and a search for a new Town Manager to replace Mark Rees who has accepted a position in Portland, Maine. The Board referred to a Suggested Administrator Profile describing the background, skills, and qualities that the Board feels the community needs in an administrator. The Board reviewed the skills and past performance and rated them in importance of high, medium, low. Selectman Smedile stated that this would be the most important decision this Board would make and lobbied strongly for hiring an outside consultant that would expedite the process and make sure the town gets a solid replacement. An outside consultant that handles searches on a regular basis would be more professional than conducting the search without a consultant. This Board is not in the personnel business and we run the risk of make a serious mistake. Selectman Donald Stewart said that back in 2000, which he was initially against spending the money using a consultant for the Town Manager search proved to be the best decision. Assistant Town Manager said there were advantages of a consultant in maintaining confidentiality for applicants and screening candidates. They will interview and screen and bring forward the cream of the crop. The Board has the option of limiting their spending by prioritizing their scope of services which would allow them to use a quicker procurement process for finding a consultant. Board members also referred to the Town Charter and discussed the appointing of a citizen search committee. Selectmen would choose one committee member each to do the final interviews recommended by the consultant firm and bring their recommendations to the Board of Selectmen. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to do an RFP for a professional recruiter to assist the Town in the hiring of Chief Administrator Officer for the Town of North Andover. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, for each selectman to choose one person each for a Town Manager search committee and the Human Resources Director should be part of this committee. Vote approved 5-0. Board of Selectmen Minutes June 2, 2011 1 f 2 L L Selectmen requested that an Addendum be added to Monday's meeting under New Business, Continuation for Town Manager search. ADJOURNMENT: Tracy Watson made a MOTION, seconded by William Gordon, to adjourn the meeting at 8:50 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board ' BOARD OF SELECTMEN MINUTES June 6, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 6:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, and Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: William Gordon made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Litigation Matter. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes. Vote approved 5-0. Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the Litigation position of the Selectmen. RECONVENE AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of May 23, 2011, as amended. Vote approved 5-0. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT: The Youth and Recreation Services Department released the schedule for the Summer Concerts and Children Shows. All events will be held on the Town Common—Summer Concerts on Sunday evenings at 6:00 p.m. and the Children Shows on Tuesday and Thursdays at 10:00 a.m. The North Andover Historical Society is offering walking tours of East Mill/formerly Davis & Furber and the village around it on Saturday, June 18, 2011 from 10:00 a.m. to 4:00 p.m. Tickets are available on line at www.northandoverhistoricalsociety.org or call the Historical Society. The Society invites everyone to drop by the original Hayscales building to see the results of the CPA funded repairs on this Wednesday from 4:00 to 6:30 p.m. CONSENT ITEMS: Acceptance of donations for summer concerts and children shows Several business and organizations have donated funds to support the summer shows. The Board was requested to accept the donations and to send a letter of thanks. William Gordon made a MOTION, seconded by Rosemary Smedile, to accept the listed donations to be used for the summer concerts and children shows and to direct the town manager to send a letter to each individual and business thanking them for their generosity. Vote approved 5-0. Acceptance of MIIA Grant to the Police Department The Police Department received a grant of$7,500 from MIIA(the town's liability and property insurance carrier)AND applied it to install BeSafe Technologies systems in several municipal buildings. The system provides emergency responders with specific information about the building including floor plans, door numbers, hazards, etc. William Gordon made a MOTION, seconded by Tracy Watson, to accept the $7,500 grant from MIIA for the Police Department to purchase and install the BeSafe Technologies system in several municipal buildings. Vote approved 5-0. 4th of July event permits TABLED until next meeting Board of Selectmen Minutes June 6, 2011 i 2 LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by William Gordon, to move into Licensing. Vote approved 5-0. Merrimack College—One Day Alcoholic Beverages License Merrimack College is applying for six(6) applications for a special one day full alcohol license for six different locations and times at Merrimack College for their reunion weekend being held on June 9 thru June 16, 2011. William Gordon made a MOTION, seconded by Rosemary Smedile, to grant the six (6) one-day alcoholic licenses to Merrimack College for June 9-14, 2011 subject to all applicable laws, bylaws, rules and regulations. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Preparation for Annual Town Meeting Two primary changes for Town Meeting is as follows: Withdrawn Article 15, Tax Increment Financinq Plan-4 High Street, Mansur Investments, Converse, Inc. and or Schneider Electric; the Board will take No Action. Withdrawn Article 28, Amend Zoninq Bylaw-Amend 4.122.14—Resident 4 District-Permitted Uses; the Board will take No Action. The School Committee, Finance Committee and the Board of Selectmen will come together with a balanced budget at Town Meeting. The Board of Selectmen has a scheduled meeting prior to Town Meeting posted for 5:30 p.m. Re-precincting Town Clerk Joyce Bradshaw presented information regarding the changes regarding possible re- precincting. The Board was asked to vote and certify the 2011 Re-Precincting. William Gordon made a MOTION, seconded by Tracy Watson, to hereby certify that a meeting held on June 6, 2011, the Board of Selectmen, voted to accept as presented by the Town Clerk, Joyce A. Bradshaw, the 2011 Re-Precincting Plan for the Town of North Andover, including the enclosed map, legal description and block listings. Vote approved 5-0. Note: Daniel Lanen and Rosemary Smedile recused Police Chief Assessment Center The proposals have been evaluated and a decision made to engage the services of MMA Consulting Group to conduct the police chief assessment center. A meeting is scheduled with Mark Morse on Tuesday, June 7, 2011 to discuss the schedule and timeline for the process. Because the Town has not hired a Police Chief for over 25 years a position description has to be updated to today's standards. The posting will be updated and done within a week and expedited as soon as possible. Note: Daniel Lanen and Rosemary Smedile returned Board of Selectmen Meeting Schedule June— December 2011 The Board was presented with two meeting date schedules Option 1 and Option 2 for the rest of the year. Rosemary Smedile made a MOTION, seconded by William Gordon, to choose Option 1 as Amended changing one date. The dates approved were July 18, August 22, September 12 &26, October 11 & 24, November 7 &28, and December 12, 2011. The Chair may call additional meetings if necessary. Vote approved 5-0. Board of Selectmen Minutes June 6, 2011 3 t 3 NEW BUSINESS: FY12 Water and Sewer Rates- Preliminary DPW Director Bruce Thibodeau prepared a preliminary memo for FY12 water and sewer rates for the Board's review. The Board was asked to review the materials. Mr. Thibodeau would be available at their next meeting to respond to any questions. Rolling Ridge Conservation Restriction In order to finalize the process and request reimbursement from the state, the board is asked to vote and endorse the Conservation Restriction, Easement, and sign the Purchase and Sales Agreement for Rolling Ridge as voted at the 2010 Annual Town Meeting. William Gordon made a MOTION, seconded by Tracy Watson, to approve the Purchase and Sale Agreement between the New England Annual Conference of the United Methodist Church as Seller and the Town of North Andover as Buyer for the purchase of a Conservation Restriction for Drinking Water Supply Protection ("CR") on that certain parcel of land known as the Rolling Ridge Retreat Conference Center(Rolling Ridge") or("the Property") located at 660 Great Pond Road, North Andover, Massachusetts 01845, consisting of an approximately 30 acre portion ("the Premises") of a 36.2 acre parcel comprising the property, and the purchase of a Trail and Parking Easement on the Property, as shown on that certain plan of land entitled "Conservation Restriction Plan", dated July 8, 2010, as amended, prepared by Findeisen Survey & Design, LLC (the"Plan"). To accept the Conservation Restriction for Drinking Water and Supply Protection (CR)to the Town; to accept the Trail and Parking Easement("Easement"); and to authorize the Chairman of the Board of Selectmen to sign any documents required to complete the transactions herein approved. Vote approved 5-0. Wheelabrator Settlement—Potential Projects As part of the recent Wheelabrator settlement with the Attorney General's office, the Town of North Andover will be receiving $100,000- $150,000 for specific projects intended to improve the environment. Any proposed project will require the approval of both DEP and the Attorney General's office. The Division Directors/Department Heads were asked to submit potential projects to be considered by the Board once the settlement is finalized. The Planning Department, the Health Department, Conservation Department and Youth & Recreation Services all submitted potential projects for the Board's consideration. TOWN MANAGER'S REPORT: Community Development Director Curt Bellavance presented the Board with the Machine Shop Village Improvements as to date. The next step will be to hold a public forum for the neighborhood to show the proposed project and modifications from the original plan. This will take place within 20-45 days. The Chair announced that the Board would schedule another meeting on Monday, June 13, 2011, Executive and Open Session. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:30 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board i BOARD OF SELECTMEN MINUTES JUNE 7, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 6:00 PM at the Middle School Meeting Room C101. This meeting was held prior to the Annual Town Meeting. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager. EXECUTIVE SESSION: Tracy Watson made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss Non— Personnel Negotiations. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes. Vote approved 5-0. Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. OLD BUSINESS: Preparation for Town Meeting The Chair informed the Board that the Finance Committee would read the CIP and not include the Police Station parking lot or lighting. The Town Manager would amend the CIP by including the repaving of the parking lot and install the lighting at the Police Station. Chief Paul Gallagher would do a presentation. The Finance Committee would make a motion to move the Wireless Bylaw to the end of the meeting. The Board should vote against this because it is important to have the full body to vote on this article. Continuation of Town Manager Search Process The Board requested that Human Resources Director Cathy Darby contact Town Counsel about regarding Mark Rees departure and an estimated payout of accruals. This information will be provided at the Board's next meeting on June 13, 2011. Police Chief Appointment Process Cathy Darby and Ray Santilli met with Mark Morse from the MMA Consulting Group, Inc. on Tuesday, June 7, 2011. Mr. Morse is prepared to conduct the assessment within a three week period. NEW BUSINESS: CPA Bond Anticipation Notice Town Treasurer Jennifer Yarid requested that the Board approve and sign a CPA Bond Anticipation Notice (BAN) rolling over the$635,188.00 before June 16, 2011. Tracy Watson made a MOTION, seconded by Donald Stewart, to approve and sign the CPA Bond Anticipation Notice. Vote approved 5-0. ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to recess and continue at Town Meeting at 7:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES JUNE 13, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager, EXECUTIVE SESSION: William Gordon made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Negotiations with non union employees. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes. Vote approved 5-0. Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. PLEDGE OF ALLEGIANCE COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: The Board of Selectmen and Town Manager Appointments The Town Manager and the Board of Selectmen appointment sub-committee are recommending appointments effective July 1, 2011. Committee Last Name First Name Street Address Expires Assessors,Board of Minicucci David J. 340 Johnson Street June 30,2012 Assessors,Board of Jones Ernest 371 Pleasant St. June 30,2012 Assessors,Board of Barker George 1267 Osgood Street June 30,2012 Health, Board of Fixler Larry F. 25 Hollow Tree Lane June 30,2014 Merrimack Valley Planning Commission Byers Richard J. 97 Forest Street June 30,2014 Planning Board Colantoni Michael 50 Christian Way June 30,2014 Planning Board Rowen Richard S. 102 Bear Hill Road June 30,2014 William Gordon made a MOTION, seconded by Tracy Watson, to approve the Town Manager's recommended appointments effective July 1, 2011. Vote approved 5-0. Committee Last NameFirst Name Street Address Expires Audit Committee Ercolini Robert 195 Bridle Path June 30,2012 Cable TV Committee Killen Matthew Town Hall, 120 Main St. June 30,2014 Cable TV Committee Parker Robert S. 111 Christian Way June 30,2014 Cable TV Committee Dague George I. 27 Boxford Street June 30,2014 Community Preservation Committee Angles,Jr. Alberto 561 Mass.Ave. June 30,2014 Conservation Commission Manzi,Jr. Albert P. 72 Foster Street June 30,2014 Conservation Commission Napoli Louis 51 Jetwood Street June 30,2014 Council on Aging Long Patricia A. 29 Rosedale Ave. June 30,2014 Council on Aging Graham John W. 5 Magnolia Drive June 30,2014 Council on Aging Aziz Peter 74 Innis Street June 30,2014 Cultural Council Woodman Blair Gracie 61 Farrwood Ave.,#7 June 30,2014 Cultural Council—New Appt. Dawe Stephen 44 Lisa Lane June 30,2014 Board of Selectmen Minutes June 13, 2011 2 Disability Issues,Commission on Lyons,Jr. James F. 4 Brightwood Avenue June 30,2014 Disability Issues,Commission on Christensen Susan 9 Morton Street June 30,2014 Emergency Management Agency Lincoln Connor 73 Georgetown Road June 30,2012 Emergency Management Agency Renner Melynda 18 Norman Road June 30,2012 Emergency Management Agency Hamel Neil 3 Fernwood Way June 30,2012 Emergency Management Agency Savastano John P. 287 Mass.Ave. June 30,2012 Emergency Management Agency-New Appt.-Gallagher Paul Police Dept., 1475 Osgood Street June 30,2012 Emergency Management Agency Langlois Carl 66 Saunders Street June 30,2012 Emergency Management Agency Scanlon Robert 510 Osgood Street June 30,2012 Emergency Management Agency McDonald Timothy 180 Hickory Hill Road June 30,2012 Emergency Management Agency Melnikas Andrew 124 Main Street June 30,2012 Emergency Management Agency Hastings William 19 Beaver Brook Rd. June 30,2012 Emergency Management Agency Tessler Steven 308 Campbell Road June 30,2012 Emergency Management Agency Dushame Frank 18 Lexington Street June 30,2012 Emergency Management Agency Coco Jeffrey J. 695A Johnson St. June 30,2012 Emergency Management Agency Boudreau David E. 165 Greene Street June 30,2012 Emergency Mgmt.-Auxiliary/Sp.Police Binaghi Renzo A. 11 Bluff Street June 30,2012 Emergency Mgmt.-Auxiliary/Sp.Police Laurendeau Gary A. 13 Belmont Street June 30,2012 Emergency Mgmt.-Auxiliary/Sp.Police Boettcher Richard C. 80 Bradford St. June 30,2012 Emergency Mgmt.-Auxiliary/Sp. Police Rossetti Anthony P. 14 Edgelawn Ave. June 30,2012 Emergency Mgmt.-Auxiliary/Sp. Police Salois David June 30,2012 Festival Committee Dawson Cathy 134 So.Bradford St. June 30,2012 Festival Committee Heafey Joan 7 Peters St. June 30,2012 Festival Committee Dolan William 12 Bacon Ave. June 30,2012 Festival Committee Chabot Leo 64 Kingston Street June 30,2012 Festival Committee Coco Sharon 695A Johnson Street June 30,2012 Festival Committee Fazio James 34 Fernwood Street June 30,2012 Festival Committee Koenig Gen 1476 Salem St. June 30,2012 Festival Committee Hamel Neil 3 Fernwood Way June 30,2012 Festival Committee Salisbury Martha 301 Johnson Street June 30,2012 Festival Committee Coco Jeff 695A Johnson St. June 30,2012 Festival Committee Murphy William 57 Winthrop Ave. June 30,2012 Festival Committee Pelletier Philip 18 East Water St. June 30,2012 Festival Committee Foulds E.J. Police Dept.., 1475 Osgood St. June 30,2012 Festival Committee Wilson Mike Police Dept., 1475 Osgood St. June 30,2012 Festival Committee-New Appt. Rodriguez Elizabeth MV Martial Arts, 200 Sutton St., June 30,2012 Festival Committee-New Appt. Lincoln Connor 73 Georgetown Road June 30,2012 Historical Commission Williams Janice 88 Elm Street June 30,2014 Machine Shop Village Neighborhood Conservation Dist.Commission Fennessy Liz 77 Elm Street June 30,2014 Old Center Historic District Commission Stevens Robert 140 Academy Road June 30,2014 Board of Selectmen Minutes June 13, 2011 3 Old Center Historic District Commission Aznoian Harry 168 Osgood Street June 30,2014 Old Center Historic District Commission Gramly Richard M. 455 Stevens Street June 30,2014 Poet Laureate Committee Salenikas Marina 345 Main Street June 30,2014 Poet Laureate Committee Baker Thomas 1160 Great Pond Road June 30,2014 Stevens Estate-Board of Trustees Larson Martha 440 Osgood Street June 30,2014 Stevens Estate-Board of Trustees Frahlich Eric P. 87 Sugarcane Lane June 30,2014 Stevens Estate-Board of Trustees Hansen E.William 103 Bradford Street June 30,2014 Sustainability Committee Connolly Kenneth 357 Candlestick Road June 30,2014 Sustainability Committee Foster Stephen E. 48 Meadow Lane June 30,2014 Veterans'Services Pelletier Philip 18 East Water Street June 30,2014 Youth&Recreation Council Heafey Joan 7 Peters Street June 30,2014 Youth&Recreation Council Lennhoff John D. 675 Forest Street June 30,2014 Zoning Board of Appeals Vaillancourt Richard M. 454 Stevens Street June 30,2014 William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Board of Selectmen recommended appointments effective July 1, 2011. Vote approved 5-0. North Andover Housing Authority Vacancy Joanne Comerford Executive Director of the North Andover Housing Authority informed the Town there is a vacancy on the board. The Housing Authority is recommending someone to fill this position. Selectmen said they would meet next Monday, June 20, 2011, at 7:30 p.m. with a joint meeting of the North Andover Housing Authority to make the appointment. Both meetings must be posted 48 hours in advance and have a quorum to vote. Facilities Master Planning Public Meeting The Facilities Master Planning Committee is meeting Tuesday, June 14, 2011, at 7:00 p.m. at the Senior Center. Meet with the Committee members and Architect presenting a 5-10 year plan for use of municipal buildings and the future needs to the Town. North Andover Festival Committee 4th of July Celebration Festival Committee Chairman Jeffrey Coco presented a list of events planned for the 4th of July celebration. A special thanks to Brooks School, the North Andover Merchants Association, and Wheelabrator, Inc. for their generous donations. Permits will be requested at the board's next meeting. CONSENT ITEMS: Release of Executive Session Minutes William Gordon made a MOTION, seconded by Donald Stewart, to approve to release Executive Session Minutes from 2002 through 2010. These minutes have been thoroughly reviewed by William Gordon and Rosemary Smedile and recommend the release as of June 13, 2011. Vote approved 5-0. Note: Daniel Lanen and Rosemary Smedile recused OLD BUSINESS: Police Chief Assessment Center Update Human Resources Director Cathy Darby and Assistant Town Manager Ray Santilli met with Mark Morse of MMA Consulting Group, Inc. on June 7, 2011, to discuss the recruitment process and the timeline. Mr. Morse provided an Agreement and services will commence once authorized. Note: Daniel Lanen and Rosemary Smedile returned Facilities Manager Recruitment Update The screening committee consisting of Laurie Burzlaff, Roger Lawson, Jim Mealey, Ray Santilli, Bruce Thibodeau, Cathy Darby and Tracy Watson reviewed 70 resumes. Six candidates were interviewed and the committee has made its recommendations. The final candidates will be interviewed by the Town Manager and Board of Selectmen Minutes June 13, 2011 4 the Superintendent of Schools next week. An offer of employment is contingent upon a successful background check and a mutual confirmation of hire date. Town Manager Search Human Resources Director Cathy Darby prepared an Invitation for Quotes for the Executive Search Services to hire a permanent Town Manager. Once the draft is finalized and a decision is made regarding consultants an estimated timeline was put forward. Cathy Darby said she would be contacting the Collins Center to provide us with an external candidate for the Interim Town Manager position so that the Board can get a viable candidate as soon as possible. The Chairman of the Board requested to post a meeting for the Board of Selectmen on Thursday, June 16, 2011, at 7:00 p.m. at Town Hall for Town Manager Search if the Board needs to take further action. The Town Charter states that the Selectmen will form an independent committee in the selection of a new Town Manager. The Board appointed the following individuals. William Gordon appointed Peter Kooken; Tracy Watson appointed James Xenakis; Rosemary Smedile appointed Linda Routhier McHugh; Donald Stewart appointed Carrie Crouch, Daniel Lanen appointed Ted Tripp. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the appointments for the Town Manager Search Committee. Vote approved 5-0. NEW BUSINESS: FY12 Water and Sewer Rates DPW Director Bruce Thibodeau recommended setting the water and sewer rates the same as last year. The model accounts for sufficient funds to have a balance of 5% reserves in both the sewer and water enterprise funds. The results show that the water rate will decrease by 6% and the sewer rate will increase by 4%. Water Sewer 1 - 20 1 - 20 FY Units 20+ Units Bypass Units 20+ Units 2012 $ 3.80 5.55 5.55 $ 5.83 8.22 2011 $ 3.80 5.55 5.55 $ 5.83 8.22 2010 $ 3.80 5.55 5.55 $ 5.83 8.22 2009 $ 3.39 4.96 4.96 $ 4.96 7.07 2008 $ 3.59 5.53 5.53 $ 4.30 6.18 2007 $ 3.13 4.84 4.84 $ 3.45 4.96 2006 $ 3.39 5.30 5.30 $ 3.81 5.49 2005 $ 2.80 4.43 4.43 $ 4.56 6.56 2004 $ 2.28 3.67 3.67 $ 3.77 5.33 2003 $ 2.38 3.80 3.80 $ 3.26 4.60 Board of Selectmen Minutes June 13, 2011 5 Donald Stewart made a MOTION, seconded by William Gordon, to set the water and sewer rate at the same rates as FY11. Vote approved 5-0. Wheelabrator Settlement— Potential Projects The Town Manager received notice from the MA Attorney General's office explaining the settlement for Wheelabrator of environmental claims and distribution of funds. North Andover will be receiving a host community payment of$175,000 and a municipal allotment of$227,954. The Town Manager recommended that Town Counsel should review the settlement release and render his opinion before the Board signs the release. The Town Manager said the funds received from this settlement have a stipulation to be used for environmental projects and asked various town departments to present potential projects. Board of Health Director Susan Sawyer presented using funding for the Trash Truck Monitoring System. The bid for this project is approximately$145,000 but the cost may be reduced to $125,000 with further negotiations. Total funds currently available are$50,000 and are requesting an additional $75,000 for this project. Town Planner Judy Tymon presented using funding for the design phase of a Bike/Pedestrian Path in North Andover which would range from $100,000-$200,000. There are three more departments that have proposals for use of the funds and will be present at a future meeting. After reviewing all the proposals, the Board should choose a project to submit for funding. TOWN MANAGER'S REPORT: Annual Town Meeting Warrant Town Counsel Tom Urbelis recommended changing the current process with regard to the Annual Town Meeting Warrant. All Articles must be in the final form when the Warrant closes. The Board should consider establishing a policy for the submission of Town sponsored articles being drafted in final form when the warrant closes and must be submitted to the Town Manager at least three weeks prior to the close of the Warrant so the Manager, his staff, the Moderator, the Clerk and Town Counsel can review such drafts for comments and suggestions. PUBLIC COMMENT: School Committee member Chris Allen requested that a member of the School Committee or the School Administration be on the Town Manager Search Committee. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:50 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES JUNE 16, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 PM at Town Hall Town Manager's office. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to move into Licensing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve a Special Application for Merrimack College— McQuade Library on June 20, 2011 and June 22, 2011 from 4:00—6:00 p.m. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Continuation of Town Manager Search The Board interviewed James Patrick Purcell, a candidate for Interim Town Manager. Mr. Purcell gave the Board an overview of his career and his availability. Mr. Purcell is available for 24 weeks of service and would be available for an immediate start except for one week July 9, 2011. Mr. Purcell gave the Board an assurance that he would be able to make the transition smoothly as an interim town manager while the Board continues on a thorough search for a permanent Town Manager and is very interested in the position. Mark Rees said that he would work with James Purcell on some of the current projects that are in transition such as the TIF negotiations, the sewer lines, outside consultant on improving our internal controls. Mr. Purcell asked the Board questions concerning current issues that are pending. Selectman Smedile suggested that Mark Rees provide a list of all of his duties as current town manager to the interim. Selectman Watson suggested a continuation of meeting with the Superintendent of Schools and Business Manager to keep a good rapport. There was a conversation regarding hours of work and the commute which will be worked out. Mark Rees requested that the Board authorize him to negotiate an appropriate salary and an employment contract. Tracy Watson made a MOTION, seconded by Donald Stewart, subject to negotiations through current Town Manager Mark Rees and Human Resources Director Cathy Darby to negotiate an employment contract and a start date that is agreeable on or about June 27, 2011, which final approval will be made by the Board of Selectmen. Vote approved 5-0. Continuation of Town Manager Search Cathy Darby said that the RFP's are due on Wednesday, June 22, 2011 at 5:00 p.m. Mark Rees said that he would like to review the proposals with the Board and have the Board select the consultant then he would sign the contract for the search. Board of Selectmen Minutes June 16, 2011 2 The Board suggested having the Collins Center for Public Management come to a meeting on Monday, June 20, 2011 and give their pitch. If they cannot make it that night then have him come on Wednesday, June 22, 2011. The Board spoke about having an additional meeting next week to choose the consultant for Town Manager search and will meet on Wednesday, June 22, 2011, at 5:00 p.m. Facilities Management Tracy Watson requested that Cathy Darby give the Board the resume for the final candidate for Facilities Management. Consent Item The Town Manager said that a request came in from Jen Broberg proprietor of"A Haute Dish"to put up a reception tent in the parking lot of 2-4 Johnson Street on June 24, 2011, during the Grand Opening. Donald Stewart made a MOTION, seconded by Tracy Watson, to approve the request to put up a reception tent in the parking lot of 2-4 Johnson Street on June 24, 2011, during the Grand Opening. Vote approved 5-0. ADJOURNMENT: William Gordon made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:05 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES June 20, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Negotiations with Non Union Personnel and Litigation. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes. Vote approved 5-0. Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. RECONVENE AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Donald Stewart made a MOTION, seconded by William Gordon, to TABLE the Minutes of June 2, 6, 7, 13, 2011. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint the following to the North Andover Patriotic Observance & Marching Committee as of June 1, 2011 terms ends May, 2012. Chairman— Phil Spitalere, Veteran Graves Officer; Vice Chairman—Joe Ed Smith, CDR, American Legion Post 219; Secretary— Ed Mitchell, Veterans Service Officer; Sergeant-at-Arms—Ralph Lewis, NA Resident and PG Veteran; Legal Officer—Dan Lanen, Board of Selectmen; Chaplain—Mike Wilson, CDR VFW Post 2104; Safety Officer—Matt Twiss, NAFD; High School Student Liaison Officer and Assistant Student Liaison Officer both vacant. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint Robert Warren to the Community Preservation Committee, Ronald Pallone reappointed as Constable and Martha Salisbury appointed to the Registrars of Voters. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint Kenneth J. Tokarz to the Machine Shop Village Neighborhood Conservation District Commission. Vote approved 5-0. Joint Meeting with North Andover Housing Authority to fill Vacancy Executive Director Joanne Comerford and members of the Housing Authority met in joint session with the Board of Selectmen to fill the unexpired vacancy left by Anna O'Connor. The Housing Authority Board of Directors recommended Stephen Long of 181 Cortland Drive to fill the term until the next Town Election in March 2012. Donald Stewart made a MOTION, seconded by Tracy Watson, to appoint Stephen Long of 181 Cortland Drive to fill the unexpired term on the North Andover Housing Authority until the next Town Election in March 2012. Roll Call Vote: William Gordon yes, Tracy Watson yes, Rosemary Smedile yes, Donald Stewart yes, Daniel Lanen yes, Mary Beth Soucy yes, John Driscoll yes, Madeline Sulcliffe yes, and Ted Snell yes. Vote approved 9-0. Announcement Selectman Smedile announced that there will be a Farewell Open House at Town Hall on Thursday, June 30, 2011, for Town Manager Mark Rees. All are welcome. j' Board of Selectmen Minutes June 20, 2011 2 Selectman William Gordon announced that the School Committee has applied to the Merrimack Valley Conference. CONSENT ITEMS: Festival Committee event permit for 4th of July celebration The Festival Committee is seeking permission to use the town common and close streets to accommodate the weekend celebration for July 1, 2 and 3, 2011. William Gordon made a MOTION, seconded by Tracy Watson, to approve an event permit to the Festival Committee for use of the town common on July 1, 2 and 3 2011 and temporarily close the thru traffic from Osgood St. to Academy Road on July 1St 2"d and 3`d, at designated hours and to request one "handicap parking only" sign on Osgood Street during the 4th of July town celebration. Vote approved 5-0. Acceptance of Donations: Wheelabrator and Brooks School The Board was requested to accept donations from Wheelabrator and Brooks School. Donald Stewart made a MOTION, seconded by Tracy Watson, to accept the donations from Wheelabrator, Inc. in the amount of$7,500 and Brooks School in the amount of$15,000 for the 4th of July festivities and $10,000 for computer equipment for the North Andover Public Schools and to send a letter of thanks for their generosity. Vote approved 5-0. Easement for National Grid Utility Pole at Kittredge School The School Committee and the School Business Manager have approved the proposed Easement for the relocation of poles at the Kittredge School that has been approved by National Grid. The Board of Selectmen is requested to approve also. Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the proposed Easement for the relocation of poles at the Kittredge School that has been approved by National Grid. Vote approved 5-0. Carter Field Road Acceptance Documents Town Counsel Thomas Urbelis requested the Board accept and sign the Carter Field Road street conveyance documents. A Quitclaim Deed, Carter Field Road— Dedication of Roadway, Confirmatory Drainage Easement, Carter Field Road— Dedication of Open Space, Drainage and Utility Easement. William Gordon made a MOTION, seconded by Donald Stewart, to accept and sign the Carter Field Road street conveyance documents. Vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. VFW Wine and Malt One Day Licenses—July 1, 2, & 3. Philip Spitalere of the North Andover VFW Post 2104 applied for three one-day licenses. Donald Stewart made a MOTION, seconded by Daniel Lanen, to approve the one-day wine and malt beverage license to Philip Spitalere on behalf of the North Andover VFW Post 2104 for three consecutive days July 1, 2, & 3 for the 4t of July celebration. Vote approved 5-0. Common Victuallers—Change of Name: Luci's Caf6 to Two Chefs Are Better than One Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the change of name from "Luci's Caf6"to"Two Chefs Are Better Than One". Vote approved 5-0. Common Victuallers—formerly"Toscana to Go" to "Solo Cafe" William Gordon made a MOTION, seconded by Donald Stewart, to approve the Common Victualler license for Solo Cafe. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Daniel Lanen, to move out of Licensing. Vote approved 5-0. Board of Selectmen Minutes June 20, 2011 r <, 3 OLD BUSINESS: Police Building Committee Report The Town Manager suggested postponing this report because the subject matter is referred to future action. Tracy Watson made a MOTION, seconded by William Gordon, to TABLE Police Building Committee Report. Vote approved 5-0. Facilities Master Planning Committee The Town Manager suggested postponing this report because Mr. Nardella could not be present. Tracy Watson made a MOTION, seconded by William Gordon, to TABLE Facilities Master Planning Committee report. Vote approved 5-0. Town Manager Search Update Mark Rees said that the Interim Town Manager appointed by the Board James Purcell has come to an employment agreement. He will start on June 27, 2011, working with Mark Rees to be updated on current projects, performing the duties set forth in the Town Charter of the Town Manager his average work week will be approximately 24 hours per week including attending Selectmen and Finance Committee meetings. He will be paid $65 per hour and be reimbursed for normal expenses consistent with the Town's mileage reimbursement policy but will not include his travel to and from North Andover. The Town agrees to indemnify and hold harmless James Purcell consistent with the wording in the current Town Manager's contract and it is clear the Mr. Purcell will be treated as a part-time temporary employee and not eligible for any benefits such as health insurance, retirement, vacation or sick leave. Any party can terminate the agreement based on 48 hours notice in writing or e-mail by either party. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the employment agreement for James Purcell as stated. Vote approved 5-0. Town Manager Search At the Board's meeting scheduled for Wednesday, June 22, 2011, Human Resources Director Cathy Darby will be giving the Board the responses by consultants for the RFP. The Town Manager announced Mr. Dick Kobayashi, Senior Consultant from the Collins Center for Public Management at UMASS Boston. Mr. Kobayashi gave a presentation of his role to meet the needs of cities and towns and help them to hire good people in management positions. Selectmen asked questions regarding the search for a town manager pertaining to timeline, resources, fees, and a proposal for the town. Town Manager's Contract Donald Stewart made a MOTION, seconded by William Gordon, to waive the 90-day notice of separation in the Town Manager's contract and allow the Town Manager to leave on June 30, 2011. Vote approved 5-0. Note: Daniel Lanen and Rosemary Smedile recused Police Chief Search Update The Town Manager said that the Assessment Center is scheduled for early July and results around July 18, 2011. The deadline for internal candidates to submit interest is this Wednesday. Note: Daniel Lanen and Rosemary Smedile returned Wheelabrator Settlement Town Counsel Thomas Urbelis explained that the Attorney General's office sent notice to the Town of a recent settlement of environmental claims re: Distribution of Municipal Fund in Commonwealth v. Wheelabrator Saugus, Inc. et al., Civil Action No. 2011-348A(Essex Superior Court). In order to receive E r t F Board of Selectmen Minutes June 20, 2011 4 the municipality's payment the Consent Judgment requires each municipality sign a release and North Andover will received $227,954.25. Selectmen had questions regarding the wording of this settlement and asked Attorney Thomas Urbelis to contact the Attorney General's office and see if the release can be rewritten for clarification before the Selectmen sign the release. Use of Wheelabrator Funds and Priority of Environmental Projects The Town Manager asked the Board to prioritize the six departmental proposed projects that were submitted. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to use these funds subject to Town Manager's further investigation to 1) Board of Health, Trash Truck Monitoring System; and 2) Stevens Pond Parking Lot Improvements; 3) tree replacement throughout town. Vote approved 5-0. NEW BUSINESS: Special Legislation to confirm June 7, 2011, Town Meeting actions Town Counsel Thomas Urbelis explained that Selectmen should send a letter to the town's representatives and senators requesting the special legislation and reasons for it. They then jointly request the Governor to file it. The Governor then submits the legislation to the legislature to ratify, validate and confirm an action taken by the town at Town Meeting because there was an error made by the town regarding a specific requirement in the posting, notice, warrant article, or something of that nature. Tracy Watson made a MOTION, seconded by Donald Stewart, to send a letter to the town's representatives and senators requesting the special legislation and reasons for it. Vote approved 5-0. TOWN MANAGER'S REPORT: As part of the Verizon franchise agreement, they are obligated to pay the town this year$74,000 in support of the town's communications network. These funds will be deposited into a designated account set up to support network facilities or other functionally equivalent purposes. ABCC Hearing on Beijing Restaurant is scheduled for June 29, 2011. Haute-Dish is having a grand opening on June 24, 2011. PUBLIC COMMENT School Committee member Stan Limpert offered the Board any assistance in the Town Manager search. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES June 22, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 5:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Rosemary Connelly Smedile, Donald Stewart. Note: Tracy Watson, Mark Rees and Ray Santilli were absent PLEDGE OF ALLEGIANCE OLD BUSINESS: Review and of Company re: RFP Responses for Professional Recruiter—Town Manager Search Human Resources Director Cathy Darby informed the Board that the RFP's were sent to seven prospective town manager search consultants. Five of the seven sent in proposals by the deadline at 5:00 p.m. Wednesday, June 22, 2011. The five consultants and the estimated costs were as follows: Colin Baenziger&Associates of Wellington, FL-$21,000; Groux and Associates of North Chatham - $8,000; MMA Consulting Group, Inc. of Brookline-$12,000 (plus additional fees); Municipal Resources, of Meredith, NH -$12,500 (plus additional fees); Edward J. Collins Center for Public Management at UMass Boston -$12,500. Board members will rate the five proposals on search methodology, search experience, the proposed timeline for completing the search, and the warranties and guarantees provided in the search. Selectmen discussed the costs and asked Cathy Darby to contact each company to get an idea of exact costs. Selectmen discussed the timeline of each company and also their preference would be to have someone experienced in Massachusetts. Selectmen decided to post another meeting for Monday, June 27, 2011 at 6:00 p.m. Chairman Lanen requested that the Board review the proposals over the weekend and rate each company on a scale from 1-10. All of these will be given to Cathy Darby at the meeting on Monday, June 27, 2011. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 6:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board I BOARD OF SELECTMEN MINUTES JUNE 27, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager. PLEDGE OF ALLEGIANCE OLD BUSINESS: Facilities Master Planning Committee Update Richard Nardella gave a report informing the Board that about 30 people attended their meeting and discussion was basically finding solutions and the best options on using Town owned buildings. That discussion brought forward the fact that the Emergency Management Agency does not have a home and it was not in the original scope of the Charge of the Facilities Master Plan. Right now the Emergency Management Agency works out of the Fire Station basement which is not adequate for their needs. If a major disaster hit North Andover, the Emergency Management Center would work out of the new Police Station, but this is just a temporary fix. Nardella asked the Board if they would authorize the Committee to include finding a home for the Emergency Management Agency in the plan. William Gordon made a MOTION, seconded by Tracy Watson, to add the Emergency Management Agency in the study for the Facilities Master Plan. Vote 5-0 Once the best plan is presented then the Committee would meet with the Town Manager and present the options for the use of the existing buildings. Selectman Gordon asked if a two level parking garage can be included in the study if all of the Town office departments are located in the downtown. If the Senior Center moved that would free up plenty of parking. Wheelabrator Settlement Town Counsel Thomas Urbelis informed the Board that he received letters from Assistant Attorney Betsy Harper and so far 10 communities have returned the signed release. She said that the documented history of the lengthy negotiations between Wheelabrator and the Attorney General's Office is indicative that the parties intended that the Release does not cover all contract disputes that have arisen or may arise between the municipality and Wheelabrator-only those connected to environmental compliance as contained in the Consent Judgment. Attorney Urbelis he comfortable and is recommended that the Town of North Andover sign the Release. If at any time Wheelabrator should take the position that the Release extends beyond the Covered Matters in the Consent Judgment, the Town should contact her office because her office would take the position that Wheelabrator would then be in violation of the Consent Judgment which was entered as an Order of the Court. Selectman Gordon was concerned about a future problem because of the vague wording of the Release document and what if Wheelabrator was in violation on other environmental issues. Town Counsel said the Board could hold off on this or sign the Release tonight. Donald Stewart made a MOTION, seconded by Tracy Watson, to authorize the Town Manager to sign the Wheelabrator Settlement Release. Vote approved 4-1. William Gordon opposed. Board of Selectmen Minutes June 27, 2011 2 NEW BUSINESS: Rosedale Avenue—Parking Signs Rosedale Avenue neighborhood residents are frustrated particularly in the afternoon, when the parents' park on the grass, block driveways, block the street and drive in a manner that is not safe for other children walking in the area and the problem is significant during the winter months. Officer Wilson is recommending posting "no parking signs on school days 7:45-8:45 AM and 2:30-3:30 PM". This specific restriction has the least impact on the neighbors and allows them to park in front of their own homes at all other times. Donald Stewart made a MOTION, seconded by William Gordon, to approve the parking signs on Rosedale Avenue as suggested by Officer Mark Wilson. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: Announcement of the Town's 4 of July celebration being held at the Town Common from July1 through July 4, 2011. Fireworks will be on July 3rd. The Lions Club will be holding their annual fundraiser and bringing the Circus to Town on July 51h and 6th. CONSENT ITEMS: Acceptance of Donations to the North Andover Senior Center William Gordon made a MOTION, seconded by Donald Stewart, to accept a$1000 donation from the Franklin School PTO to the North Andover Senior Center and send a letter of thanks. Vote approved 5-0. William Gordon made a MOTION, seconded by Donald Stewart, to accept a$150 donation from the Thomson School 5th Graders to the North Andover Senior Center and to send a letter of thanks. Vote approved 5-0. Affordable Housinq Unit Resale CHAPA has notified the Town that the following affordable unit is up for sale 4 Harvest Drive, Unit 120 at Oakridge Village. CHAPA manages the resale of affordable units for Oakridge Village. The Board has to determine if they want to exercise their right of first refusal. Tracy Watson made a MOTION, seconded by Donald Stewart, to not exercise their right of first refusal for the affordable housing unit at 4 Harvest Drive, Unit 120 at Oakridge Village. Vote approved 4-0-1. Rosemary Smedile abstained. Acceptance of Donation of$500 from Edmund and Nancy Leland to Fire Department Tracy Watson made a MOTION, seconded by Donald Stewart, to accept the donation of$500 from Edmund and Nancy Leland to the Fire Department and send a letter of thanks. Vote approved 5-0. OLD BUSINESS: Town Manager Search Update Selectmen and Town Manager Mark Rees discussed proposals provided by the five consultants for the Town Manager Search. After reviewing the proposals, and scaling the consultants on experience, time line warranty/guarantee and cost, Selectman Rosemary Smedile said that she would highly recommend Thomas Groux, who had done the search in 2000 for current town manager Mark Rees. Selectman Donald Stewart echoed her recommendation. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to choose Groux and Associates subject to the Board of Selectmen interviewing him at a future meeting. Vote approved 5-0. School Committee Chairman Stan Limpert asked the Board if either the School Business Manager or the Superintendent of Schools could be part of the Town Manager search committee. William Gordon made a MOTION, seconded by Donald Stewart, to appoint a representative from the School Administration as an ex-officio to the Town Manager search committee. Vote approved 5-0. Board of Selectmen Minutes June 27, 2011 3 Note: Daniel Lanen and Rosemary Smedile recused Police Chief Selection Process Human Resources Director Cathy Darby said there were seven candidates for the position of Police Chief that sent in resumes. Chairman Lanen said that the Board would probably have to meet again before there next scheduled Meeting on July 18, 2011 and would work on that date. Note: Daniel Lanen and Rosemary Smedile returned TOWN MANAGER'S REPORT: The MVRA has changed their bus route 33 effective July 5t"to accommodate the residents of North Andover to include service to the North Andover Mall on Route 114. The Interim Town Manager James Purcell started working a transition with Mark Rees today, and meeting with Department and Division Heads over the week. The Board of Selectmen thanked Mark Rees for his services to the Town of North Andover over the past 10 years and what he has done for the community and wished him well. Mark Rees said that he is leaving behind a dedicated hard working staff and all the things he has been able to accomplish was because of the policy directed by the Board of Selectmen and because of the Town employees. They are the ones that will keep this Town moving forward in the right direction. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:15 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES July 11, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 6:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, and Donald Stewart. Also in attendance was the Town Manager search committee Carrie Crouch, Peter Kooken, Linda Routhier McHugh, Ted Tripp and James Xenakis. PLEDGE OF ALLEGIANCE OLD BUSINESS: Town Manager Search Consultant and vote on contract The Board asked Consultant Thomas J. Groux multiple questions about how to handle the Town Manager search regarding recruiting, advertisement, timeline,'`s'alarysuggestions, confidentiality, residency requirement, education, and collection of resumes. Mr. Groux said he would handle initial screening of resumes and determine which,ones meet the Town's criteria and would send his recommended candidates;to the Search Committee. 'He would then work closely with the Search Committee and would give strong recommendations about candidates. He would work with the Search Committee to recommend a pool of approximately 8 candidates that would be considered as semi-finalists but their identity,must be treated.as confidential. Selectmen would only interview the top 4 candidates. Groux also said he would send all resumes to the Board's designated person to hold on file in complete confidentiality. Rosemary Smedile made a'MOTION,a seconded:by Traoy,Watson, to,authorize Human Resources Director Cathy Darby as the designated keeper of the'rosumes for confidentiality. Vote approved 5-0. Mr. Groux encouraged the Board to advertise online national publications as well as the local MMA online website. Groux estimated that most�searches_take 18'weeks, but he believes he can do the North Andover search,in.14,weeks. GroUx'suggested;a salari scale of$130,000 -$160,000 to be competitive with other communities;but salary should not be included in the advertisements. Mr. Groux said that if an out-of-town candidate was selected for an interview, the candidate should pay for their own`travel, but if asked to'a second interview the cost of travel and hotel would be on the Town. Chairman Daniel Lanen said he would prefer a candidate familiar with working in the Bay State, but Selectmen would not rule out an excellent qualified out-of-state candidate if recommended by Mr. Groux and the Search Committee. All finalists would be subject to financial background check as well as Cori check done by the Police Chief and kept confidential. Groux and Associates contract proposal for full service recruitment is a fixed fee of$8,000; additional expenses for round trip travel invoiced at$75.00 per trip and advertising cost estimated at$750.00; and an assurance guarantee that if a recommended candidate and appointed by the Board of Selectmen did not remain on the job for whatever reason for one year, Groux&Associates would repeat the recruitment process without charge of fees charging (only expenses). Donald Stewart made a MOTION, seconded by Rosemary Smedile, to approve the Groux &Associates contract proposal including fees and additional expenses. Vote approved 5-0. Board of Selectmen Minutes July 11, 2011 2 NEW BUSINESS: Town Manager Search Committee Meeting with Consultant and Selectmen Mr. Groux drafted a Charge and the Clerk William Gordon read the Charge to the Town Manager Search Committee. Overall Charge To assist the Board of Selectmen and consultant in reviewing applications for the Town Manager position and make recommendations of finalist candidates to the Board of Selectmen. Specific Charge 1. Become familiar with the role, responsibility and authority of the position of Town Manager as described in the North Andover Home Rule Charter. 2. With the assistance of the consultant consider, in confidence, applications and resumes submitted for the position; compare the experience and qualifications of candidates against the qualifications listed in the Charter and a further established by the Board of Selectmen. 3. Recommend, without ranking, finalist candidates to the Board of Selectmen that the Committee deems most qualified and suitable for the Town Manager position. 4. Treat all applications in complete confidence and not divulge the identity or resume information on any applicants during and following the screening and selection process. Committee is not authorized to conduct reference or background checks on candidates. 5. Respect that the Board of Selectmen is ultimately responsible for selecting and appointing a Town Manager. 6. Recognize that the consultant has been engaged by the Board of Selectmen and is expected to make direct recommendations to the Board regarding candidates that may, if necessary, differ from the recommendations of the Committee. Mr. Groux drafted an advertisement and asked the Board to review it and make edits as needed so this could be sent out next week. Mr. Groux said that the Search Committee should expect to meet in about 8-10 weeks to start the process of narrowing down the resumes. Mr. Groux and the Search Committee left the open session meeting to discuss the process over the next few weeks and to determine a future meeting date. Note: Daniel Lanen and Rosemary Smedile recused OLD BUSINESS: Police Chief Search Update William Gordon said that the consultant Mark Morse of MMA Consulting Group would be administering an assessment center process this week to the eight applicants for the position of Police Chief. Individual scores would be accompanied by a narrative of each candidate's strengths and weaknesses and a rank each candidate for a finalist interview by the Board of Selectmen. The results would be available by July 19, 2011. Selectmen requested Human Resources Director Cathy Darby contact the consultant Mark Morse to give them finalist candidates in alphabetical order and unranked so they would not be influenced or persuaded to a certain candidate. Because the results of the Assessment Center would not be available before the Board's next meeting Selectmen decided to cancel their scheduled meeting for next Monday, July 18, 2011 and reschedule that meeting to Monday, July 25, 2011. Selectmen also decided to schedule a special meeting on Tuesday, July 26, 2011, to interview the finalist and a possible announcement of the new Police Chief. Note: Daniel Lanen and Rosemary Smedile returned. Board of Selectmen Minutes July 11, 2011 3 LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. The Alcoholic Beverages Control Commission Advisory passed a new law effective on July 1, 2010, authorizing local liquor licensing authorities to allow M.G.L. c.138§12 licenses to sell alcoholic beverages at 10 a.m. on Sundays. The Local Licensing Commission would have to accept the new law. William Gordon made a MOTION, seconded by Donald Stewart, that the North Andover Licensing Commission vote to accept General Laws Chapter 138, Section 33B to authorize licensees under Chapter 138, Section 12 to sell alcoholic beverages between the hours of 10:00 a.m. and 12:00 noon on Sunday and to amend the last line of Section BA of the Licensing Commission's Alcoholic Beverages Regulations by changing 12:00 p.m. to 10:00 a.m. Vote approved 5-0. William Gordon made a MOTION, seconded by Donald Stewart, to move out of Licensing. Vote approved 5-0. ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board INTEROFFICE MEMORANDUM TO: Jim Purcell,Interim Town Manager DATE: July 19,2011 TR: Bruce Tbibodeau,Director of Public Worl CC. Cathy Darby,HR Director +: Drinking,Water Treatment Plant(WTP)Superintendent As we discussed, Dennis Bedrosian,the current WTP Superintendent is retiring on July 22"d and we have been actively seeking a replacement. The position posting attached which was prepared in consultation with both Cathy Darby and Ray Santilli, was used to place advertisements in Monster.com, on the New England Water Works Association(NEWWA) web site, posted at NEWWA headquarters bulletin board, and posted on the MMA web site. We received two resumes. The interview team of Cathy Darby, Tim Willett, DPW Operations Manger, and the writer felt the candidates were qualified and met with both candidates. The unanimous decision was to recommend Linda Hmurciak to be the WTP Superintendent. Therefore, I am recommending Linda for the position of Superintendent. I am available at your convenience to meet to discuss these recommendations. INTEROFFICE MEMORANDUM TO: Jim Purcell,Interim Town Manager DATE: July 19,2011 FR: Bruce Thibodeau,Director of Public Work4, CC: Cathy Darby, HR Director RE: Drinking Water Treatment Plant(WTP)Assistant Superintendent As you know,I have recommended Linda Hmurciak as the Superintendent of the WTP. If this recommendation is approved then it will leave the Assistant Superintendent position open. In order for the WTP to operate as well as it has for the past 20 years it is important to have the position of Assistant Superintendent filled with a qualified person. I am requesting your approval to fill this vacancy. I am available at your convenience to meet to discuss this recommendation. INTEROFFICE MEMORANDUM TO: ,Tim Purcell,Interim Town Manager DATE: July 19,2011 FR: Bruce Thibodeau,Director of Public Work W CC: Cathy Darby,human Resources Director Tim Willett,Operations Manger RE: Request to Replace the Senior Foreman Jim Marshall, one of the two Senior Foremen,will be retiring on September 2nd. This is a very important position here at DPW with the two senior foremen sharing responsibilities on a weekly basis, as well as during emergency situations, such as snow storms. I am requesting your approval to fill this vacancy and I would like to advertise the position next week so we can complete the process and have a new Sr. Foremen settled in before the bad weather is upon us again. I am available at your convenience to meet to discuss this recommendation. 9 INTEROFFICE MEMORANDUM TO: Jim Purcell,Interim Town Manager DATE: July 6,2011 FR: Bruce Thibodeau,Director of Public World„s. CC: Cathy Darby,Duman Resources Director Tim Willett,Operations Manger RE: Request to Replace the Tree Climber/Surgeon Jeremy Soucy,the former tree climber/surgeon, was terminated last month for cause. The position is a vital part of the tree services this Department provides to the Town. The person in position performs much of the actual tree work as well as responds to emergencies and acts as the Tree Foreman when the Forman is on leave. Mr. Soucy has been out since late March and we have gotten farther behind in this work. The list of tree issues just continues to grow. I am requesting your approval to fill this vacancy and I would like to advertise the position next week so we can complete the process in time to get work done before the bad weather is upon us again. I have attached a copy of the latest Job Posting that was in our files at DPW. „a _ =Q — a AM M,w .wwu ✓ u "w a�w"�w wwu waw o uuw mwu� wwuw uwuu m uWO wuw = � m =9 uu i uuiuu am mop--"No ANW."Wn am son low-MEM({ m� 'W i . n w °W A '�' gI WM am m 'W NNW-- . d 'WWAW-AIWWUId” IAAALLAB— NNW WAAAAA mremiwu °'t J E P A R T M E N 'r 1C4'ni F�VV"zf:Ct;rl �"aWaxp G YvstpV,:u�rvEt�u' CHIEF OF POLICE i �I TO: James Purcell, Interim Town Manager FROM: Paul Gallagher, Interim Police Chief RE: Communication Officer Vacancy DATE: July 20, 2011 The North Andover Police Department is requesting permission to fill the job vacancy of(1) Communication Officer in our 911/Communication Center. A resignation of a Communication Officer was rendered on July 10, 2011 thus we would like to fill this position. 1.475 OSC-;OOD ' IRE;F l', NORTH ANDOVER, MASSA( HU`aF;'PTS 01845 T(--1I=phone: 978-683-31.68 Fax: 97€3--686--121.2 REQUEST TO FILL A JOB VACANCY TO: James Purcell,Town Manager THRU: Cathy Darby, Human Resources Director FROM: Paul J. Gallagher, Chief of Police DATE: July 7,2011 RE: Communications Officer--Request to Hire On July 10,2011 Brighid Vieira will vacate/vacated his/her (Insert Name) Position entitled_Communications Officer at_the Police Department (Insert Title) (Insert Department) I will post the position at the compensation grade and rate of pay as follows: AFSCME Council 93 —Communications Officer—Dispatcher Rate: Min. $15.64 per hour,40 hour week (Please attach a job description) I Request approved: �� Request Denied: Note: Tow ana Dat Linda M. Hmurciak S 20 Easy Street North Andover, MA 01845 s111 � ' Ssl_i` May 25, 2011 Cathy Darby, Human Resource Director Town of North Andover 120 Main Street North Andover, MA 01845 Dear Ms. Darby: I would like to officially be considered for the newly posted position of Drinking Water Treatment Plant Superintendent for the Town of North Andover. I have received a Bachelor's Degree in Industrial Engineering Technology with a specialization in Water and Wastewater Treatment from University of Mass—Lowell along with several related courses and training throughout the years.Also, I have been in the municipal end of the drinking water field for 32 years with about 30 of those years in management. Presently I am one of the managers of a staff of twelve town employees with a$2 million budget. I am also in charge of the Town's compliance with the federal Safe Drinking Water Act and the state's drinking water regulations as I am also the Lab Director. My experiences as a superintendent has been intermittent over the years as I have covered for the present superintendent over the last 20 years during vacations, sick time and recently Family Medical Leave. I am looking forward to meeting with you in the near future to further discuss this position. Please find my resume attached. Thank you for your consideration. Sincerely, Linda M. Hmurciak LINDA M. H M U RCIAK 20 Easy street North Andover, MA 01845 Home:978.687.2755 Cell: 508.954.2812 Email:Ihmurciak @hotmail.com Experience: Town of North Andover, Director,North Andover Water Treatment Plant Present-1991 Assistant Superintendent/Lab • Assist the Superintendent in overseeing the daily operation and maintenance of the Town's Drinking Water Treatment Plant and other similar duties necessary for the smooth and safe operations of a 12 MGD treatment plant, 3 booster pump stations, 3 storage facilities and 22 sewer pump stations with an operating budget of$2 million dollars; Solely in charge of operations, maintenance and personnel in the Superintendent's absence; • Ensure compliance with State and Federal drinking water regulations and reporting requirements; responsible for all required monthly,quarterly and yearly monitoring and reporting to the State; • Yearly produce the Consumer Confidence Report, the Annual Statistical Report and update the Emergency Response Plan;Also in charge of filing the Tier II chemical reports for the plant; • Formed a Chemical Consortium 25 years ago, which has grown from 10 communities to about 50 which I am involved in the bidding and contracting of the process chemicals for the treatment plant; monitor their daily use, and order all process chemicals as needed; while implementing safety protocols while handling the chemicals; • Direct the Town's drinking water laboratory while ensuring the production of the highest quality drinking water;the lab is certified for microbial analysis under my name. • Protect the Town's only source through lake management and monitoring; wrote the original Surface Protection Plan for the Town as a template for the State; • Oversee several monitoring programs(i.e. Lead and Copper,TOC, HAAS,TTHM,Bacteria,etc.); • In charge of the safety aspects of the plant and employees; organize training programs (i.e. Lock- out/Tag-out, Confined Space, CPR, etc.) for the operators and write Standard Operating Procedure manuals; • In charge of personnel records, payroll, scheduling, and assist in the interviewing and hiring of new staff; • Member of and act as the representative of the DPW/DWTP at the Northeast Regional Emergency Planning Committee where I am also the treasurer. Have participated in many meetings,tabletops and emergency drills for the safety of the town and Drinking Water Treatment Plant. Town of North Andover, Pump Station Superintendent,Water Quality Manager,Watershed Inspector 1991-1978 • Established and ran the Town's first Water Quality lab. • Established lab procedures for the testing, monitoring and reporting to the State of all process chemicals. • Established a lake and watershed monitoring program. Collected samples from all brooks in the watershed and in the lake and ran chemical and bacterial tests to establish areas of pollution which was instrumental in putting sewer throughout the watershed. Education: University of Massachusetts, Lowell, MA Graduated 1985 Bachelor of Science degree, Industrial Engineering Technology with a specialty in Water and Wastewater, Essex Technical Institute, Danvers, MA Graduated 1978 Associates of Science degree, Environmental Sciences,Water Technology, Licenses/Certificates: • MA Drinking Water Treatment Plant Operator — Grade 4C(Combined—treatment and distribution); • MA Wastewater Treatment Plant Operator — Grade 41T(in training) — MA Wastewater Collection System License—Grade 2 • MA Certified for Performing Bacterial Analysis • MA Certified for Proficiency in Fluoridation • Trained in Confined Space, Lock-out/Tag-out, First Aid and CPR Professional Affiliations: • American Water Works Association (Life Member) • New England Water Works Association • Massachusetts Water Works Association • Northeast Facilities Water&Wastewater Consortium • Northeast Regional Emergency Planning Committee (Treasurer) Reference: Available upon request. Stephen E. Foster I if 48 Meadow Lane North Andover, MA 01845 APR �; 2011 4/17/2011 Santilli,Assistant Town Manager ~4 `f Town of North Andover 120 Main Street North Andover, MAO 1845 Dear Mr. Santilli: This letter is in response to the posted position for Facilities Director. Enclosed you will find my resume. I believe that my extensive experience in the design, construction and maintenance of building facilities is a perfect match for this position. I was forwarded information on the Facilities Director position by Mr. Bruce Thibodeau, DPW Director with whom I have worked on the North Andover Sustainable Committee. My experience includes all phases of the building project including the preparation of design & specifications, budgeting, planning, construction and maintenance for a wide range of facilities. As a construction supervisor I have provided field leadership to include the scheduling and coordination of all construction activities, quality control inspections and enforcement of safety policy. My duties as a design-build project manager have required interaction with all stakeholders including public approval agencies, citizen groups and building occupants. This collaborative effort along with my ability to conceptualize the final product has enabled me to produce cost effective, energy efficient and functional facilities. As a lifelong citizen of North Andover I have had the pleasure of participating in numerous town projects as part of"give back to the community"and look forward to an opportunity to further enhance the public building infrastructure. Thank you for considering me for this position. I welcome the opportunity to further discuss this with you at your convenience. Sincerely: op- Stephen E. Foster Stephen E. Foster 48 Meadow Lane sefoster07 @gmail.com North Andover, MA 01845 home 978-688-5757 mobile 603-401-7607 SUMMARY: Building management professional with over 25 years experience in the construction of commercial, school, institutional and industrial projects. Proficient in cost budgeting, scheduling, engineering, design, and procurement of project approvals. Self starting manager capable of providing comprehensive administration for the design and construction phases of the project. Strong knowledge of building technology, construction codes, energy management and workplace safety. SKILLS Construction: project administration, scheduling, estimating, field supervision, carpentry Design & Engineering: architectural, structural & site, surveying Computer: MS Office (Excel, MS Word, Power Point), AutoCad, estimating & scheduling software Personal: honest, sincere, energetic, analytical, detail oriented EXPERIENCE: 1 I Project Manager Dutton & Garfield, Inc., Hampstead, NH 1993 -2011 Design-build general contractor specializing in new and renovation types of commercial/industrial projects • Manage over 500,000 s.f. of new and renovation types of construction projects • Construction planning to include procurement of approvals and project scheduling • Prepare building designs and specifications—conceptual thru final design • Prepare, monitor and control project budgets • Procure, manage & coordinate construction designers and engineers • Execute value engineering methods to achieve substantial cost savings • Implement energy saving building methods resulting in substantial utility rebates & energy savings • Supervise & coordinate construction field operations, subcontractors & tradesmen • Monitor& enforce construction field safety policy • Perform construction quality control inspections Project Manager Channel Building Co., Wilmington, MA 1984 - 1993 General contractor specializing in industrial/commercial projects • Building maintenance management and tenant improvements • Managed over 600,000 s.f. of`turn-key' building and development projects • Prepared & managed subcontractor bid packages, awards, contract negotiation & execution • Created project specifications & "scope of work" contract documents • Performed building MEP systems reviews & multi-trade coordination • Integrated owner&tenant project requirements into building program Construction Engineer United Engineers & Contractors Seabrook Station Nuclear Power Plant-Seabrook, NH • Perform field seismic review of process and control installations '.... Perini Power Constructors Seabrook Station Nuclear Power Plant-Seabrook, NH • Review, inspection and reporting for concrete structure installations • Ensure construction conformance to NRC specifications VOLUNTEER/PART-TIME EXPERIENCE Construction Manager-Community of North Andover, MA 1990 -2011 Consultant/Administrator/committee - Youth, athletic, religious, energy and veterans building projects • North Andover Youth Center • Carl Thomas Playground & Fields • North Andover Middle School Athletic Fields Master Plan • North Andover High School Solar Panels • St. Michaels Church Facilities Bldg Committee • Drummond Field lighting system • Grogan's "Hut" renovation EDUCATION Project Management Certificate, Northern Essex Community College "Green" and "Sustainable" buildings, building energy modeling, LEED coursework MA DOER seminar commercial and residential Energy Code Mass Energy Insight, Municipal Energy Management software program training IECC (International Energy Code) webinars; 2009 code— Electrical, Mechanical, Building Envelope Computer training, Northern Essex Communes College—Microsoft Office AutoCAD training, Whittier Vocational Technical School Building Technology, Northeastern University electrical & mechanical building systems technology Construction Management, Wentworth Institute of Technology, scheduling, cost control, project management. Business Administration, U Mass Lowell, Lowell, MA—accounting, business management B.S. Civil Engineering Technology, U Mass Lowell, Lowell, MA- Magna Cum Laude Distinction A.S.Architectural Engineering Technology, Wentworth Institute, Boston, MA-Highest Honors LICENSES: • Licensed Massachusetts Building Supervisor#29376 • LEED AP certified professional ACHIEVEMENTS • Member North Andover Sustainable Committee • Member American Society of Civil Engineers • Member Tau Alpha Pi Engineering Honor Society NOWNWAW MM A, ftm Mg—ow HEM— wmh re gar 7 unity per,,, ip,,....... J he Office of CHIEF OF POLICE NOIRTH ANDO\4ER ILPL MEMORANDUM TO: James Purcell,Interim Town Manager FROM: Paul Gallagher,Interim Chief of Police RE: Mr. &Mrs. Edmund Leland Donation DATE: July 11,2010 Attached please find a donation in the amount of$500.00 from Mr. &Mrs. Edmund Leland for the Police Department. It is my request that the Board of Selectman accept this donation to be designated for National Night Out on August 2,2011.Thank you for your assistance with this matter. (Attachment-1) 19.75 OSGOOD STREET, NOR'lli ANDOVER, h1Fa.iiSACT-1IJSE'.1'1`i 01845 Telephone: 978-683-3168 Fax: 978-686-1.21.2 EDMUND F. LELAND 537116/2113 2069 NANCY J. LELAND 254 GREAT POND RD. DATE NORTH ANDOVER,MA 01845 PAY TO THE L f a—Ap $ d O O D Ll a ORDER OAF( P-o u k DOLLARS Ut ".• -W Danversbank One Conant sheet Danvers, 01923 J 976-777-22020 0 � MEMO V C 9 1: 21L37LL62i: 23 752L26110 2ca 9 ....._.................. . pp p mi mm a uu uuu'w wow 9 wV 191111111Nz mom. uuuu'u u".uuaruu muuuu I===a 0 &�„ 4 A9f'h11°'nB1U911 ons- MR.—low awe' NOW f 9 WW0PMAR YR4 JEW & A W Iffm NI 1 M �°i y'h 1 mumuN ��`..uw,wmml WutN 'FIr U I rz I'h Office of rc 9:aad C („all<ughc"u u, CIIIEF O POLICE A o 2 E 3. q � OFFICE I' MANAGER MEMORANDUM TO: James Purcell,Interim Town Manager FROM: Paul Gallagher,Interim Chief of Police RE: Voices of Involved Citizens DATE: July 12, 2010 Attached please find a donation in the amount of$100.00 from Sandra DiBacco,Vice President of VOICES for the Police Department. It is my request that the Board of Selectman accept this donation to be designated for National Night Out on August 2, 2011.Thank you for your assistance with this matter. (Attachment-2) 14'75 O JGOOD STREET, NORTH ANDOVER, MAS`i1`a(",HUSET`1`S 01-845 Tel¢�I7honc,: 978 683--:3168 Flax 9'78 686.,_1_21.2 i i 1030 VOICES OF INVOLVED CITIZENS ENCOURAGING SAFETY, INC. / DATE 53-7054-2113 (d �� `l PAY TO THE ORDER OF .J — ��62C��1� ���-` / f27 s l �O O AL-P/ l? i r�iCy��Js1LL1 �U DOLLARS Banknorth FOR NP n'OOL030n■ i: 2LL370545i: 8245462LL8u' about us Page 1 of 4 Dare to reach out your hand into the darkness, to pull another hand into the light. Norman B. Rice Community VOICES 7 Pine Hill Avenue Chelmsfotd,MA 01824 Community VOICES 617-515-2079 m About Us Executive Board Laurie Myers-President Sandy DiBacco-Vice President Kris Silva-Secretary Debbie Savoia-Founder Debbie Savoia VOICES Founder dsavoia @communityvoices.net Laurie Myers-President and Founder Child Protection ection Advocates Annette Peter Presti Email: Imyers @communityvoices.net Parents and Grand Parents of Joanne and Alyssa Presti My name is Laurie Myers; I'm the mother of three children, and a former rape crisis counselor from Chelmsford, Massachusetts,and I'm the President of VOICES. I feel Bob Curley Child Protection Advocate very fortunate to be in the company of the amazing people who make Community d t t it i ha s today. Father of Jeffrey Curley VOICES w y Bob Barry I have always seen the importance of being involved in my community. In 1992, 1 Citizen Advocate became a rape crisis counselor for Rape Crisis Services of Greater Lowell,and Chief John Kelly volunteered on their hotline for five years. It was an experience that changed my life, Littleton Police Department and one that I will never forget. During the many late night hotline calls, hospital, and police department visits, I accompanied the most amazing people through what was, Lt. John Carney for many the darkest time of their lives. This was a time that many of them will never North Andover Police forget. These courageous survivors shared their feelings,fears, and ho Department g 9 9 � es after their p lives were almost shattered by sexual assault, I admire their strength, and will never Lt. Jonathan M. Carroll forget them, or the valuable things I have learned from them Norfolk Police Department Several years after leaving Rape Crisis I became involved in advocating for laws to Kerry Murphy Healey Ph.D protect our children and communities from repeat sex offenders. I supported Governor Visiting Fellow Romney's efforts to post level 3 sex offenders on the Internet. I was also a strong critic Center for Public Leadership of the manv rnurt r.hallPnnPS hmiinht by tax navPr f MPH IawvP.rs for Sax nffpndPrs_ In http://www.communityvoices.net/meet.html 7/11/2011 about us Page 2 of 4 Harvard Kennedy School of Government March, 2004 1 met Debbie Savoia, and the family of Joanne and Alyssa Presti of Woburn whose daughter and grand daughter were murdered by level 3 sex offender, Andrew Peck Michael Bizanowicz. We joined forces,and together we were successful in Assistant Chief of Probation advocating for the Internet posting of level three sex offenders.After a year of court Worcester Superior Court battles the Massachusetts Supreme Judicial Court ruled in favor of the citizens of Stacie Rumenap Massachusetts and allowed the Sex Offender Registry Board to post the most President dangerous sex offenders on their website. Stop Child Predators Washington D.C. In June of 2004, 1 contacted Sandy DiBacco after reading about her efforts in a news Gary Bergeron article.After many conversations with Debbie and Sandy, we decided that there was a Survivors voice need for an organized effort within Massachusetts for the VOICES of survivors, Co-founder children, parents and our communities to be heard. There was also a need to bring Charlie Tevnan Esq this very important information to all members of the community. It was then we Law firm of Tevnan/Tevnan decided to join together to make a difference. Together we have met with and made Boston MA our concerns known to community leaders,state agencies, parents and law makers Jeff Blanchard and we have been successful in advocating for the Classification of sex offenders Journalist before release from prison,extending the statute of limitations on sex crimes againg children, GPS tracking of sex offenders who commit crimes against children, and Michael Chinman Esq mandatory minimum sentences(Jessica's Law)for those who commit the most Former Middlesex County henious crimes against children,and administrative subepnona legislation that would Assistant District Attorney enable law enfocement quicker access to internet records of potential predators. We continue to work toward our goal of safer communities through awareness In June of 20051 was asked by Lt. Governor Kerry Healey to serve on the Governor's Commission on Domestic and Sexual Assault and served on the Justice and Accountablility Committee. We were responsible for drafting Sexaul Assault Response Advisory Board Meeting April,2010 Guidelines for police departments. On September 21,20061 had the honor of being invited by Lt. Governor Kerry Healey during the signing of legislation that extended the statute of limitations for child sexual kx ! abuse and classification of sex offenders before release from prison. We were joined by several victims'families and legislators. It was a great day for parents and citizens of Massachusetts. May 14, 2008 1 was selceted by the Massachusetts Commission on the Status of Christine woltag,Bob Curley and Women as unsung heroines for Chelmsford. I joined over 200 amazing women who Lt.Jon Carroll g 1 g were also selected by the Commission. It was a true honor and one I will never forget. Debbie Savoia Founder !' Email:dsavoia @communityvoices.net I am a wife and mother of two children from North Andover, Massachusetts, In February of 1995, 1 received an anonymous letter stating that a sex offender was Bob Barry,Annette Presti and Peter Presti moving into my neighborhood from another state, but the offender's information could not be publicly disseminated due to the lack of a public dissemination law. I began _ contacting my law makers. newsoaners and educatina others about the imnortance of http://www.communityvoices.net/meet.html 7/11/2011 about us Page 3 of 4 the public's right to know that a dangerous offender is moving into their neighborhood. On August 5, 19961 stood with Governor William Weld as it was signed into law. Shortly after that, I became a volunteer with the National Center for Missing and Exploited Children(NCMEC). In 2001, 1 requested and received the first Proclamation from Massachusetts Governor,Jane Swift for National Missing Children's Day in Massachusetts. 2010 Advisory Board Meeting In 2004, 1 met Laurie Myers during a court hearing on the posting of level 3 sex offenders on the Internet. After some discussion we realized there was a need for the VOICES of average citizens to be heard, as well as the need to educate people regarding child sexual abuse and internet Predators. Community VOICES was formed. In 2006, 1 was asked by Lt. Governor Kerry Healey to sit on the Govemor's - Commission on Sexual and Domestic abuse. Since then we have advocated for the passage of several pieces of legislation, including,the posting of level 3 sex offenders on the Internet,the classification of sex offenders before release from prison and 2011 Advisory Board Meeting extending the statute of limitations on sex crimes against children. Sandra DiBacco-Vice President and Founder Email: sdibacco @communityvoices.net My name is Sandra DiBacco. I live in Norfolk, Massachusetts,with my husband and d two children. I work part-time as a legal assistant for a law firm in Boston. t 5 In March of 2004 Delta Projects, Inc. (under the auspice of the Department of Mental Board of Directors 2009 Retardation)purchased a home with our taxpayers'dollars to be used as a group home to house four mentally retarded men. Two of those men are level two sex offenders. One was convicted of molesting a child under the age of fourteen; the other was convicted of rape and aggravated assault. This group home is two doors away from my home and children. It is located in a secluded,wooded area with 25 children within %2 a mile radius. This prompted people in my community, as well as myself,to investigate further into the placement of sex offenders in group homes in neighborhoods. What we found out was that there were no guidelines for placing sex offenders in group homes in Massachusetts, and that the laws in this state are very lenient towards sex offenders. Outraged by this notion, I began working with our local State Senator to get laws changed in the state. I was interviewed for various newspapers and news broadcasts including Channel 4,38 and 56. Two wonderful women,who have been active in helping rape victims and exploited and missing children for over nine years,contacted me. We are now forming this group to help other people understand the laws in Massachusetts,or should I say lack of laws in Massachusetts regarding the placement of sex offenders in group homes,the placement of sex offenders near schools, licensed davcare centers and olavarounds, leaislation regardina the riahts of sex http://www.communityvoices.net/meet.html 7/11/2011 about us Page 4 of 4 offenders versus victims' rights,we also want to inform people on ways to find out who the sex offenders are in their cities and towns,etc. I have never before been involved in anything like this, but what I have found since I have been involved is that everybody can make a difference. People need to help each other to protect us and our children from these sex offenders and the judges and lawyers that protect them rather than our children. I am pleased to say that we have been successful in our campaign, showing that a few people CAN make a difference. Kris Silva-Secretary ksilva @communityvoices.net I am a very proud working mom of four children. My children and my family are the center of my world. However,in 2007, someone very close to me was raped, my entire world was turned upside down. I struggled to find my way through the emotions and confusion of it all. Sexual assault is still such a taboo subject in our society. Although there are daily new stories of assaults, nobody wants to talk about it or admit that it occurs, but everybody knows someone who has been a victim. After months of searching for answers and guidance, I happened upon Community VOICES while reading an article that Laurie had written in the Lowell Sun. While the details of the article escape me, I remember how she touched me through her words. Before long, I found myself attending rallies and different events in support stricter sentencing for sex offenders. When I was asked to join the Board as Secretary in early 2009, 1 didn't hesitate for a moment. I knew this was the path I was meant to travel. It's been a long road tremendous learning process,and I've met many amazing and inspiring people through being a part of Voices. Being a part of an organization that is so dedicated and strong has been the best healing process for me. I am committed spending the rest of my life working to protect our children from sexual predators and will use my voice to make a difference. Website Desiqned by Copyright Community VOICES 2011 @,2011 at Homestead TM Make a Website for Your Business http://www.communityvoices.net/meet.html 7/11/2011 TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f r10RTH Daniel P. Lanen,Chairman William F. Gordon F A TEL. (978)688-9510 Rosemary Connelly Smedile *i a FAX(978)688-9556 Donald B. Stewart Tracy M. Watson 9SSACHl15ES ADDENDUM TO BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA July 25, 2011 VI. CONSENT ITEMS H. Acceptance of loam for Ridgewood Cemetery from Tom Zahoruiko TOWN OF NORTH ANDOVER NORTH A O t4s�ec i° N� O A �g4T[D TF,y�S �SSACHus�t INTEROFFICE MEMORANDUM TO: Board of Selectmen C: James Purcell, Interim Town Manager FR: Cathy Darby, Human Resources Director Date: July 21, 2011 RE: Town Manager Search and Police Chief Recruitment Process Town Manager I attended a meeting of the Selection Committee and search consultant Thomas Groux on July 11, 2011. The Selection Committee consists of Carrie Crouch, Peter Kooken, Linda McHugh, Ted Tripp,James Xenakis, and an ex-officio member of the school administration. The Committee is scheduled to meet on August 10 at 6 p.m. in the second floor Town Hall Conference Room and will vote for a Vice-chair and Secretary. On-line job postings were placed on the websites of the Massachusetts Municipal Association and the International City/County Management Association. Mr. Groux has received several responses and may be able to present resumes at the August 10 meeting. Police Chief Eight individuals applied for the position of which seven participated in the Police Chief Assessment Center process. The Assessment Center was held July 12-13, 2011 and consisted of a Program Planning Exercise, Situation Response Exercise, Labor-Management Meeting Exercise and a Structured Oral Panel. Consultant Mark Morse recommended three finalists based on their total scores. The finalists are Interim Police Chief Paul Gallagher, Sergeant Michael Davis and Sergeant Charles Gray. Finalist interviews will be held on July 26, 2011 at 7 p.m. in the Town Hall Meeting Room. TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 pORTH Q�4,bIC 46'9ti '. s O Joyce A. Bradshaw,CMMC �= b= �A Telephone(978)688-9501 Town Clerk, � � � FAX(978)688-9557 M p�NnT10 �SSACHLis ',,......... MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen James Purcell, Interim Town Manager FROM: Karen A. Fitzgibbons, Asst, Town Clerk DATE: July 20, 2011 SUBJECT: All Alcohol Restaurant License and Entertainment License Application Attached please find an All Alcohol Restaurant and Entertainment License Application for The Boston Dough, Inc. d/b/a Shama Grill to be located at 115 Main Street, Unit#1, North Andover, MA. The manager of record on the application is Shahram Naghibi The legal notice was duly published in the Eagle-Tribune on July 14, 2011 and abutters have been notified. There are no CORI issues. Favorable recommendations have been submitted from the Police Department and Building Inspector. According to the Board of Health, the applicant has not applied to them as of this date. If you have any questions or concerns please do no,�hesitate to contact me. Thank you. Fitzgibbons, Karen From: Bradshaw, Joyce Sent: Tuesday, July 12, 2011 10:51 AM To: 'Tracy Watson'; Lanen, Daniel; Purcell, James Cc: Fitzgibbons, Karen Subject: Licensing Hearing on Shami Grill-Main Street We have rescheduled the public hearing to Monday July 25, 2011 at 6:OOPM from July 18, 2011. It has been re- advertised in the newspaper for the new date and time. Please let me know if there are any issues. Thanks. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email 1 TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL APPLICATION This is a general application for a license that the Board of Selectmen may grant. All license applications to the North Andover Board of Selectmen must be accompanied by the following information. Indicate if license is: new transfer. ❑ change of dba ❑ Other List type of license(s)applying for: ❑✓ Common Victualler ❑ Package Store All Alcohol Class I N o.of vehicles for display: ITRestaurant All Alcohol El Package Store Wine&Malt ❑Class II No.of vehicles for display:_ Restaurant Wine&Malt [--]Fortune Teller F7 F7 Club All Alcohol ❑Vehicle for Hire/Taxi No of Vehicles: Annual Entertainment Sunday Entertainment ❑ Electronic Games-list below: Jukebox Billiard Table No.of tables: BusinessName (legal).The Boston Dough, Inc. dba: Shama Grill Please attach copy of business certificate if applying as dba or individual. If business is a L.., corporation or LLC, please attach: 1. Certificate of Good Standing from the Secretary of State's Office. 2. Corporate Vote authorizing business at the location. Address of licensed premises (include zip code): 115 Main Street, Unit#1 North Andy mailing address (if different than above address): Name of individual/applicant authorized to apply for license:Shahram Naghibl Business tel. no. of applicant:617-790-0720 Business email: sienas@aol.com F.E.I.N: (FIN.). 043036848 Please check one of the following:❑ own premises ❑✓ lease premises❑property under P&S Name and address of property owner if different from license holder: San Lau Realty Trust - c/o Michael Charron, MEG Asset Management, Inc. 25 Orcld Name Address If applicable,please attach copy of lease and/or Purchase and Sales Agreement. Do you currently hold a similar license? What type?All Alcohol Have you previously applied for a license? (Yes) ❑ (No) Have you ever had a license revoked? (Yes)F—] (No) If yes, please indicate why: 1 If there is a building or structure associated with the license, please submit the following (preferably on 81/2 x 11" paper-no larger than 8 112 x 14"): 1. Floor plan (include seating area), and 2. Site plan indicating parking areas and access to town ways. If applying for a Class I or Class II license, please submit a plot plan that shows: 1.The number of the vehicles on display 2. The exact location of the vehicles 3. Customer parking 4. Office area Proposed hours of operation: Monday 11 am - 11 pm Thursday 11 am - 12am Tuesday 11 am - 11 pm Friday 11 am - 12am Wednesday 11 am - 11 pm Saturday 11 am - 12am Sunday 11 am - 11 pm (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) Name of Business: Blue Wave Lounge (SE Enterprises, LLC d/� Address: 343 Congress Street, Boston, MA 02210 Federal Tax No. (If applicable): 04-3036848 I certifythat the North Andover Police Department may run a criminal records check for any prior offenses and that this information may be transmitted to the L al Licensing Authority at their request. Date:-6 Signature: I certify under the penalties of perjury that I, to the best of my knowledge and belief, have filed all state tax returns and paid all state and local •equired law. Date:.6-Ze -// - Signature-1 certify that I have read through the conditions included with this license and agree to comply with any further stipulations that the Licensing Authority may from time to time approve. I also hereby authorize the Licensing Authority or their agent to conduct w tever investigation or inquiry is necessary to verify the information;:� ion. Date: - D—/1 Signature:6 � g Please contact the Town Clerks Office at (978) 688-9501 if you have any questions regarding this application form. Reviewed and amended:201 1 2 I North Andover Health Department Community Development Division TO: Karen Fitzgibbons Assistant Town Clerk FROM: Susan Sawyer Public Health Director DATE: July 19, 2011 SUBJECT: THE BOSTON DOUGH INC. DBA SHAMA GRILL- ALL ALCOHOL RESTAURANT This memo is in regard to an application to the Licensing Board to operate a restaurant in the Messina's Plaza on Main Street to be known as: THE BOSTON DOUGH CO. fNC. DBA SHAMA GRILL-ALL ALCOHOL RESTAURANT. Please note that the Health Department has not received any applications from the applicant to date. One the establishment has submitted the required documentation and has been reviewed, inspected and approved as a food establishment in the Town of North Andover, the Board of Health has no objection to the approval and granting of the request, as long as the establishment owner complies with the 105 CMR 590.000 of the State Sanitary Code, and the Federal Food Code. 1600 Osgood Street, Building 20; Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com POLICE 1 D E P A R r M E N r "Com.munity Partnership" To: Joyce Bradshaw, Town Clerk From: Lt. John Carney Date: July 18, 2011 RE: All Alcohol License— Shama Grill 115 Main Street The Police Department has no objections to the application by Shahram Naghibi for an entertainment license and an all alcoholic beverages license for a restaurant at 115 Main Street. We recommend that all servers be trained and certified. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-1212 Fitzgibbons, Karen From: Bradshaw, Joyce Sent: Tuesday, July 12, 2011 10:07 AM To: Fitzgibbons, Karen Subject: FW: THE BOSTON DOUGH INC. DBA SHAMA GRILL-ALL ALCOHOL RESTAURANT-JULY 18,2011 MEETING.pdf-Adobe Acrobat Standard Building Dept. From: Brown, Gerald Sent: Monday, July 11, 2011 12:58 PM To: Bradshaw,Joyce Subject: RE: THE BOSTON DOUGH INC. DBA SHAMA GRILL-ALL ALCOHOL RESTAURANT-JULY 18,2011 MEETING.pdf- Adobe Acrobat Standard The Boston Dough Inc. DBA SHAMA GRILL is allowed per Town of North Andover, Zoning By-Law GeraCd A. Brown Inspector of Buildings Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Bradshaw, Joyce Sent: Monday, July 11, 2011 11:14 AM To: Gallagher, Paul; Carney,John; Brown, Gerald; Sawyer, Susan; Melnikas, Andrew; McCarthy, Fred; 'Jim Lyons' Cc: Fitzgibbons, Karen; Purcell, James Subject: THE BOSTON DOUGH INC. DBA SHAMA GRILL- ALL ALCOHOL RESTAURANT-JULY 18,2011 MEETING.pdf- Adobe Acrobat Standard I am looking for recommendations for the public hearing which will be held by the Board of Selectmen on Monday July 18, 2011. The applicant is seeking the approval of the license from the Licensing Commission and will probably not be opening until fall. I believe most departments have been contacted and all requirements will be met prior to occupancy. If you can forward you recommendations by Thursday,that would be great. You can send them to me or Karen. Thanks so much for your assistance. Please contact me if you have any concerns. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer lo:httl)://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email 1 PrintForm The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LING, PRINTED,SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AU'I'FiORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONW$ALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER IF USED EPAY,CONFIRMATION NUMBER: A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY): LICENSEE NAME: The Boston Dough,Inc.,d/b/a Shama Grill ADDRESS: 115 Main Street,Unit# I CITY/TOWN: North Andover STATE MA ZIP CODE 01845 TRANSACTION TYPE(Please cheek all relevant transactions): Q New License F� New Officer/Director Ej Pledge of License E] Change Corporate Name Transfer of License Change of Location ❑ Pledge of Stock E] Seasonal to Annual Change of Manager Alteration of Licensed Premises [] Transfer of Stock E] Change of License Type Cordials/Liqueurs Permit New Stockholder ❑ Issuance of Stock Other ❑ 6-Day to 7-Day License E] Management/Operating Agreement Wine&Malt to All Alcohol THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 New License Checklist This application will be returned if the following documentation is not submitted: Retail Transmittal Form $200.00 Fee;Wade payable to the Commonwealth of Massachusetts or the ABCC dNewspaper Notice Abutter Notification dRetail Application with: VArticles of Organization for Corporation or LLC u 'loor Plan Signed lease or documents proving a legal right to occupy premises Manager's Form Personal Information Form for all individuals with beneficial interests in the license and supporting inancial Records dCORI Application All records, loan agreements, documents, as well as affidavits detailing the source(s)of money for this license transaction Three(3)months of bank statements confirming the sources of the funds ZVote of Corporate Board or LLC CERTIFICATE NUMBER: 07 THE COMMONWEALTH OF MASSACHUSETTS Q Ottt5° ia•ti� o �SSACHUSE� TOWN OF NORTH ANDOVER - TOWN CLERK BUSINESS CERTIFICATE INCONFORMITY WITH THE PROVISIONS OF CHAPTER 110 SECTION 5 OF M.G.L., AS AMENDED, THE UNDERSIGNED HEREBY DECLARE(S)THAT A BUSINESS UNDER THE TITLE OF: SHAMA GRILL IS CONDUCTED AT: 115 Main Street, Unit #1 IN THE TOWN OF NORTH ANDOVER, MASSACHUSETTS BY THE FOLLOWING PERSONS: The Boston Dough, Inc. c/o Shahram Naghibi, 18 Dale Street, Unit#41, Andover, MA 01810 (Name) (Residence) (Name) (Residence) (Name) (Residence) SIGNED: (Signature) (Signature) (Signature) (Signature) ESSEX COUNTY (Date) PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED: Shahram Naghlbl, as President of The Boston Dough, Inc. AND MADE OATH THAT THE FOREGOING STATEMENT IS TRUE CERTIFICATE EXPIRES:kjy,C t clj'� ad9zd:::�ZI�- Jo e dl Bradsh ,Town Cie-rk f t%ORTH q O4gt�•o n1 N� a 0 O A * K ��SSACHUSE��y THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF ASSESSORS BUSINESS CERTIFICATE SUPPLEMENT NEW BUSINESS:Fy(]CHANGE OF NAME AND/OR ADDRESS:?DISSOLVING BUSINESS: F7 CERTIFICATE NUMBER: DATE FILED: NAME OF BUSINESS: The Boston Dough, Inc., d.b.a. LOCATION; 115 Main Street, Unit #1 , North Andover, MA BUSINESS MAILING ADDRESS: (IF DIFFERENT FROM LOCATION) TYPE of BUSINESS: Restaurant and Bar IS BUSINESS A REGISTERED MASSACHUSETTS CORPORATION: YES:Fy—/ 1 NO: i --------------------------------------------------------------------------------------- FULL NAME AND RESIDENTIAL ADDRESS OF PERSON OR PERSONS IN CHARGE The Boston Dough, Inc. c/o Shahram Naghibi, 18 Dale Street, Unit#41, Andover, MA (Name) (Address) (Name) (Address) (Name) (Address) TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH 9 p tio �°•NO .1'� 4�'d •A OL O A F Do?Q n••w k ',,,,,. �SSACHUSES Joyce A. Bradshaw, CMMC Telephone(978)688-9501 Town Clerk FAX(978)688-9556 i DATE: yzy 0?0// BUSINESS CERTIFICATE NUMBER I Business Name: SHAM°` GRILL Social Security# or Tax ID #: 04-3036848 (The Boston Dough, Inc.) Property Owner: Tenant: (check one) Corporation: F—Tj Individual/Partnership: L.L.C.: (978) 886-7986 (Cell) Telephone number of the business: l Z e/ 6'olm22012GU-ea A1'l O A °Ore ,�•`` �JLCL�L''✓7.0-L,C�4'G'; ✓JO�'�Otlr; .���Cd�S'CL<. LL<I'C'�_f% 0,2` 13 aY pY� William Francis Galvin Secretary of the Commonwealth Date:June 29, 2011 To Whom It May Concern i I hereby certify that according to the records of this office, THE BOSTON DOUGH,INC. "! is a domestic corporation organized on October 04, 1988 under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation; that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. y In testimony of which, S S 4 S I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth �T Certificate Number: 11063669390 Verify this Certificate at: littp://corp.sec.state.ma.us/corp/Certificates/Verify,asp Processed by: smc July 12, 2011 The Eagle Tribune 100 Turnpike Street North Andover, MA 01845 Attn: Terri Please publish the following legal ad in the Eagle Tribune on July 14, 2011 Town of North Andover Licensing Commissioners Public Hearing Notice Notice is hereby given that under Massachusetts General Laws, Chapter 138, the North Andover Licensing Commissioners will hold a public hearing on Monday, July 25, 2011, at 6:00 p.m. at the Board of Selectmen's Meeting Room, 120R Main Street, North Andover, on the application received from The Boston Dough,Inc. d/b/a Shama Grill for the issuance of an All Alcoholic Beverage Restaurant License at 115 Main Street,Unit#1, and application for an Entertainment license. Tracy M. Watson, Licensing Chairman Very truly yours, i Joyce Bradshaw, LEGA[," ?ICE' Town Clerk, for TOWN OF NORTH ANDOVER,' The Licensing Commission -,LICENSING . COMMISSIONERS" Bill to: :PUBLIC HEARING NOTICE ; -Notice�s is hereby given that,under Was- Town Clerk i"sachusetts General 120 Main Street Laws, Chapter:138,the North Andover,Licens-. North Andover, MA 01845 ing.commissioners will hold'.a-public" hearing .on "Monday, ",July 25,_ 2014;-at-6:00"pm..at. Attn: Joyce A. Bradshaw ,'the, 13oard ,of Select men's 'Meeting,-Room, "120R:Main.Str'eet'North. Antlover, sin the ap plication received frbrfi- The-Boston'Dough,lnc.; tl/b/a Shama Grill for the„ issuance of an-AII Alco= holic Beverage,-Restau rant License.at_'115'Mair Street,Unit*1,-and ap=_ plication'for an Enter (00014723;v 1) tainment license..;_" Tracy_M.-Watson License man ET-7/14111 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,section if states in part°Padies in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner Is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' Subject Property: MAP PARCEL Name Address 29 48 San Lau Realty c/o The MFG Companies 25 Orchard View Drive Londonderry,NH Abutters Properties Map Parcel Name Address 19 1 North Andover Housing Authority 310 Greene Street North Andover,MA 01845 30 5 North Andover Housing Authority 1 Morkeski Meadow North Andover,MA 01845 30 38 Landers Nominee Trust 40 Court Street North Andover,MA 01845 41 5 St.Gregory Armenian Apostolic Church 158 Main Street North Andover,MA 01845 Date 6/29/2011 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of - C,t au�y /, Certified Date �5 �/ AFFIDAVIT OF NOTICE OF MAILING TO ABUTTER AND OTHERS To the Licensing Board For the Shama Grill Date June 30,2011 I Shahram Naghibi hereby certify that the following is a true list of the persons shown upon the Assessor's most recent valuation list as the owners of the property abutting the proposed location for an alcoholic beverages license at: I 115 Main Street,Unit 1,North Andover,MA 01845 And that the following schools,churches or hospitals are located within the radius of five hundred(500)feet from said proposed location: St.Gregory Armenian Apostolic Church St.Michael's Church If there are none,please so state: I also certify that the notice of this application/petition concerning an alcoholic beverages license was given to the above by mailing to each of them within three(3)days after publication of same,a copy of the advertisement is attached below.Also attached are the registered receipts./return registered receipts bearing signatures of persons receiving said notice. Signed and subscribed to under the penalties of perjuries: Printed: YJ AM LQM NlkCst-V Written: Date: 5viuz 30,2Lb N Notary Public: My Commission Expires: t� DRIAN G. VAUGHAN W Notary Public Commonwealth of Massachusetts My Commission Expires July 7,2011 Please Attach Advertisement and Receipts fTl Do t+ r o .r a r•r ..0 Do -® •; r .o' • -o - Ln CO ro Postage $ 0 Postage $ `D Certified Fee Certified Fee ° Postmark ° j Postmark ° R Receipt Fes Hare ° Return Receipt Fee Here ° (Endorsement Required) a j ° (Endorsement Required) , ° Restricted Delivery Fee ° Restricted Delivery Fee (Endorsement Required) (Endorsement Required) I, ' ° ° ; Er 5n° Total Postage&Fees 0 Total Postage&Fees $ , M .. m Seto J Sent To ° •---- . ..J. ° ..L6 S. c.. '.`/'Ai.(} 1f!!S/[. _.lU_:kl� ��GC r r Street L fVo.; � Street, t,n ° or PO Box No. ° or PO Box No. .............� -1�'10J'� t�i � .�ll_�.?.------..... r� _... �5�?_.1 nl, X�.., fi--•-----•-- --•--- Iq Stafe,ZI 4 Ci , rate,ZI +4 At 9 ;ar ter of e® e ® e o �• i e 0 L • ,ii i L U \ • is,a. C = i'd: �� Postage $ LI 1 Postage $ `.0 J Certified Fee Z•.� Certified Fee ° j_- '/ Postmark °p Return Receipt Fee +� Postmark Here ° Return Receipt Fee t -` Here ° (Endorsement Required) (Endorsement Required) j ° ° Restricted Delivery Fee ° Restricted Delivery Fee �� (Endorsement Required) (Endorsement Required) ° ° Total Postage&Fees $ �v J ErTotal Postage&Fees , /I t '_ m Sep. /. s�. . Sa .rte.. ..... _ _ _ street,Apt.No.; !" rg street, t No. ° or PO Box No. �yy � ° or PO Box No. ( {B� e /� /� ) �o e y f`- - .. l..1...!lC.� ..........•...° -`, .- i_:4e[.[.�.K. yr} s mac_L....... C S te,ZIP 4 � City te,ZIP 4' •-•• •�•• �j7 :rr r :re r ® e ® s t� °AM 17LAII-M /9 Postage $ `D Certified Fee MReturn Receipt Fee Postmark t ° (Endorsement Required) i Here ° Restricted Dellvery Fee (Endorsement Required) Er °M Total Postage&Fees ,s M Sent To rq street,Apt.No.;--------._. ..----- ••--°-----•• ° or PO Box No. >� & (A1!VL..-° ! L S:- ' City,Sta ,ZIP+ D Application for Retail Alcoholic Beverage License City/Town North Andover 1. Licensee Information: Legal Name/Entity of Applicant:(e.g Corporation,LLC,Individual) The Boston Dough,Inc.d/b/a Shama Grill Business Name(if different):Shama Grill Manager of Record: Shahram Naghibi ABCC License Number(for existing licenses only): Address of Licensed Premises: 115 Main Street Unit#1 CITY/TOWN: North Andover STATE MA ZIP 01845 Business Phone: Cell Phone: 978-886-7986 Email: sienas @aol.com Website: 2. Transaction: Q New License ❑ New Officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ 6-Day to 7-Day License ❑ Wine&Malt to All Alcohol IMPORTANT ATTACHMENTS: The applicant must attach a vote of the entity authorizing all requested transactions,including the appointment of a Manager of Record or principal representative. 3. Type of License ❑X §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premise ❑ §12 Tavern(No Sundays) ❑ §15 Package Store 4. License Catagory: ❑ All Alcoholic Beverages ❑ Wine&Malt Beverages Only ❑ Wine or Malt Only ❑ Wine&Malt Beverages with Cordials/Liqueurs Permit 5. License Class: X❑ Annual ❑ Seasonal 6. Contact Person concerning this application (attorney if applicable) NAME: Brian G.Vaughan,Esq. ADDRESS: East Mill,21 High Street,Suite 301 CITY/TOWN: North Andover STATE I ZIP CODE 01845 CONTACT PHONE NUMBER: 978-327-5217 FAX NUMBER: 978-327-5219 EMAIL: P;ghan @smolakvaughan.com 7. Description of Premises: Please provide a complete description of the premises to be licensed.The description should include the location of all entrances and exits. The licensed premises consists of a 4,927+/-SF restaurant and bar located at 115 Main Street Unit#1,with indoor seating for 146 guests,with layout,entrances/exits and to be modeled as shown in attached plans. IMPORTANT ATTACHMENTS:The applicant must attach a floor plan with dimensions and square footage for each floor&room. Occupancy Number: 146 Seating Capacity: 146 8. Occupancy of Premises: By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS:The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): Trust Other Name San Lau Realty Trust Phone: 603-434-6700 Address: 25 Orchard View Drive City/Town: Londonderry State NH Zip 03053 Initial Lease Term: Beginning Date 06/29/2011 Ending Date 06/28/2021 Renewal Term: Two Option Period Options/Extensions at Five(5) Years Each Rent: $88,686.00 per year Rent: $7,390.50 per month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes F� No IMPORTANT ATTACHMENTS: If yes,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest in the Landlord must be disclosed in§10 and must submit a completed Personal Information Form attached to this application. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 9. Licensee Structure: The Applicant is a(n): Corporation Other: If the applicant is a Corporation or LLC, complete the following: State of Incorporation/Organization:Massachusetts Date of Incorporation/Organization: 10/04/1988 Is the Corporation publicly traded?Yes ❑ No X❑ 10. Interests in this License: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers)an any person or entity with a direct or indirect, beneficial or financial interest in this license(e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS: All individuals or entities listed below are required to complete a Personal Information Form. -T Name Title Stock or%Owned Other Beneficial Interest Shahram Naghibi President/treasurer 100% N/A °-'If additional space is needed,please use last page. 11. Existing Interests in Other Licenses: Does any individual listed in§10 have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑X No ❑ If yes,list said interest below: Name License Type Licensee Name&Address Blue Wave Lounge §12 Restaurant See last page Please Select Please Select Please Select Please Select Please Select Please Select `11'additional space is needed,please use last page. 12. Previously Held Interests in Other Licenses: Hasa ny individual listed in§10 who has a director indirect beneficial interest in this license ever held a director indirect,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No ❑X If yes,list said interest below: Name Licensee Name&Address Date Reason Terminated Please Select Please Select Please Select 13.Disclosure of License Disciplinary Action: Have any of the disclosed licenses to sell alcoholic beverages listed in§11 and/or§12 ever been suspended,revoked or cancelled? Yes ❑ No ❑X If yes,list said interest below: Date License Reason of Suspension,Revocation or Cancellation I 14. Criminal Record: Has any individual listed in§10 or who has a direct or indirect beneficial interest in this license ever been convicted of a municipal, state,federal or military crime? Yes ❑ No ❑ If yes,the individual must provide an affidavit as to any and all charges as well as the disposition. 15. Citizenship and Residency Requirements for a(§15)Package Store License ONLY: 1.Are all Directors/LLC Managers U.S.Citizens? Yes ❑ No ❑ 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ 3.Is the License Manager or Principal Representative a U.S.Citizen? Yes ❑ No ❑ 4. Are all members and partners involved at least twenty-one years old? Yes ❑ No ❑ 16.Citizenship and Residency Requirements for(§12)Restaurant,Hotel,Club,General On Premise,Tavern,Veterans Club License ONLY: 1.Are all Directors/LLC Managers U.S.Citizens? Yes X❑ No ❑ 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes X❑ No ❑ 3.Is the License Manager or Principal Representative a U.S.Citizen? Yes 0 No ❑ 17. Costs Associated with License Transaction: A.Purchase Price for Real Property: B.Purchase Price for Business Assets: C.Costs of Renovations/Construction: $300,000.00 D.Initial Start-Up Costs: IMPORTANT ATTACHMENTS: Submit any and all records,documents and affidavits including loan E.Purchase Price for Inventory: $20,000.00 agreements that explain the source(s)of money for this transaction. Sources of cash should include a minimum F,Other:(Specify) of three(3)months of bank statements. G:TOTAL COST $320,000.00 H.TOTAL CASH $320,000.00 1.TOTAL AMOUNT FINANCED The amounts listed in subsections (H) and (I) must total the amount reflected in (G). 18. Provide a detailed explanation of the form(s)and source(s)of funding for the costs identified in§17(include loans, mortgages,lines of credit,notes,personal funds,gifts): 1)Personal funds in amount of$272,500 from The Boston Dough Inc.checking accounts:Bank of America&Sovereign Bank(See attached bank statements);2)Landlord contribution:up to$47,500 pursuant to section 16 d of the lease. `-If additional space is needed,please use last page. 19. List each lender and loan amount(s)from which"total amount financed"noted in subsections 17(1)will derive: Name Dollar Amount Type of Financing `1f additional space is needed,please use last page. Does any individual or entity listed in§19 as a source of financing have a direct or indirect,beneficial orfinancial interest in this license or any other license(s)granted under Chapter 138? Yes F� No F If yes,please describe: 20. Pledge: (i.e. collateral for a loan) Is the applicant seeking approval to pledge the license? ❑ Yes ❑X No If yes,describe terms and conditions and to whom: If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes ❑x No If yes,to whom: Number of Shares Is the applicant pledging the inventory? ❑ Yes ❑X No If yes,to whom; IMPORTANT ATTACHMENTS:If you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge. 21.Construction of Premise Are the premises being remodeled,redecorated or constructed in any way? If YES,please provide a description of the work being performed on the premises: X❑ Yes ❑ No Premises under lease are being fully constructed in accordance with section 16 of the lease and attached plans. If all the information is not completed the application may be returned Additional Space Please note which question you are using this space for. i I i Page:4(Section 11:Existing Interests in Other Licenses) SE Enterprises,LLC d/b/a Blue Wave/Sienna's-343 Congress Street,Boston,MA 02210 PAGE: 10(Section 2:Manager Information) 1)2000-2005:The Boston Dough,Inc.d/b/a Blue Wave/Sienna's,Owner,343 Congress Street,Boston,MA 02210,617-790-0720;2) 2005-Current:Manager,SE Enterprises,LLC d/b/a Blue Wave/Siennas,343 Congress Street,Boston,MA 02210,617-790-0720 Court and date of Naturalization:United States District Court of Massachusetts-11/16/1992 APPLICANT'S STATEMENT 1, Shahram Naghibi the: sole proprietor;E] partner;0 corporate principal; El LLC/LLP member Of The Boston Dough,Inc.d/b/a Shama , hereby submit this application for All Alcohol (hereinafter the "Applica ioiV), o '1e local authority (the "LLA") and the Alcollo'ic Beverages -on ro' -j ommission (the "ABCC" and together Nvith the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) I state that the location and description of the proposed licensed premises does not violate any requirement of 1 the ABCC or other state law or local ordinances; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of,the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions inc ding revocation of any license for which this Application is submitted. Signature: Date ,DVN,5 3o ZDil Title �RE51H�tdc Ili�Asy�ER Sim f:h mim.1.Fi" I Ki•ly-0Sbl t ---- OFFICE OF"lHE MASSACHUSETTS SECRETARY OF STATE Examiner s, MICHAEL. J. CONNOLLY, Sec-etary U ONE ASHBURTON PLACE, BOSTON, MASS, 021,18 o� ARTICLES OF ORGANIZATION (Under G.L. Ch. 1368) Incorporators ►� POST OFFICIE ADDRESS H tx Include given name in full in case of natural persons: in case of a corporation, give state �:f incorporation. W H Benham Tahrirx H Oal 7 Store:hill Drive Stoneham, MA a Z n � I pp� Z V >41 The above-named incomnratnr ____• I w' provisions of General Laws. Chapter 1568 and hereby state(smseivesj with the intention of forming a corporation under the E-4 276061 Name 1. The name by which the corporation shall be known Is: Approved The Boston Dough, Inc. O �1 x2. The purpose for which the corporation is formed is as follows: c7 0 To introduce, erect, operate, conduct, manage, maintain, and U ocarry on a restaurant, cafe, and cabaret business; to bu y A' lease, or otherwise dispose of, and to operate, conduct, furnish, t W equip, and manage restaurants, inns, eating nooses, taverns, W w cabarets, cafes, or places of entertainment and generally to do oa, and perform everything necessary for.carrying . * the aforesaid I purposes; to buy, or otherwise acquire, manufacture, market, prepare wF, for market, sell, deal in, and deal with import, and export food and w food products of every class and description, fresh, canned, preserved, NH or otherwise; and to prepare and serve all food, beverages, alcoholic w or nonalcoholic, and other preparations and refreshments of all kinds; a u and in general to carry on any business which may be lawfully carried o E-4 n by any corporation organized under Massachusetts General Law, En ° Hf Chapter 156B, as amended. a i C ❑ z ' P R.A. ❑ Q '041 z >� H Note: If the space provided under any aricle or item on this for;)is insufficient,additions shall be set forth on sep,rate 8 I/2 x I t OI sheets of paper leaving a left hand margin of at least I inch for binding. Additions to more than one article may p C I Z, single sheet so long as each mticle requiring each such addition is clearly indicateu. Y be continued on it i #"I number of sha-es and the par value, irany, of each class of stock within the corporation is authorized as " — WITHOUT PAR VALUE WITH PAR VALUE- xr.,; CLASS OF STU[ K NUMBEROFSHARES NUMhEROFSHARP.S PAR VALUE AMOUNT rya'; " --°-- — y Preferred .............I...... ....,� .. ................ ... S...... ... I ........................ ............... .. ... ..... .. -T., Common v.•. t4- Wmore 1_hen one class i5 aut,orized,a desUiFtion of each of the offlerent classes of stxk kith,if any,the preferences, # voting powers, qualifications, special or relative rights or privileges as to each class thereof and any series now established: f,. None d,. 05. The restrictions,if any,impos,d by the Articles of Organization upon the transfer of share-of stock of any class are as follows: None i 9 *6. Other lawful provision.if any.for the conduct and regulation of business and affairs of the corporation,for its vLiuntary dissolution.or for limiting,defining.or regulating the powers of the corporation,or of its directors or stockholders,or of J any class of stockholders t None s *If there are no provisions state"None". 7. By-laws of the corporation have been duiy adopted and the initial directors,president,treasurer and clerk,whose names are set out below, have been duly elected. 8. The effective date of organization of the corporation shall be the date of filing with the Secretary of the Commonwealth or it later date is desires, specify date,(not more than 30 dai.: after the date of filing.) 9. The following information shall not for any purpose be treated as a permanent part of the Articles of Organization of the corporation. a. itpost offi;;e address of the initial principal office of the corporation bf Mass"husetts is: 214 Lincoln Street, Boston, Massachusetts h. The name.residence,and post office address of each of the initi al directors and following officers of"the corpora;ton ar.. nc fr.11nu,.•• 1 r4AN1 E RESIDENCE POST OFFICE ADDRESS I ' - mtsidert: Benham Tatiriri 7 Stonehill Drive same p 1 Stoneham, MA Treasurer: Shahram Naghibi 36 McGregory Road same Sturbridge., MA Clerk: Benhatr, Tahriri 7 Stonehill Drive Stoneham, MA same I Directors: Benham Tahriri 7 Stonehill Drive same Stoneham, MA Shahram Naghibi 36 McGregoz-y Road same Sturbridge, MA c. The date initially adopted on which the corporation's fiscal vear ends is: December 31 d. The date initially fixed in the by-laws for the annual meeting of stockholders of the corporation is: Second Tuesday of March e. The name and business address of the resident agent, if any, of the corporation is: None IN WITNESS WHEREOF and under the pen rury the 1NCORPORATOR;S;J gni sii.,ese Articles ofOrganizatic this 22 day of August 9 88 i B�rnha_m T� ahrir The signature of each incorporator which is not a natural person must bean individual who Shall sWw the capacity in which he act: and by signing shall represent under the penalties of perjure that he is duly authorized on its behalf to sign these Articles o Organization. t, T'HE COMMONWEALTH ON MASSACHUSETTS ARTICLES OF ORGANIZATION GENERAL LAWS. CHAPTER 156R, SECTION 12 A T i'W ` 00P Ate 1 TrST fi , upon an examination of the I hereby certify that within,-writtenarttciesoforganization,dulysubmittedto t 'L L )FRANCIS CALVIN me. it appears that the provisions of the General Laws �v'E i Q P� , , a t relative to the organizatior: of co SECRET 1. OETHECUMI�OPIWEALTH . n� „ a corporations have 't.>rPn - .liens with, and i hereby apprr,ve said articles;and ' L�IiTE� CLER1'�� the filing fee in the amount of$ w e h/ve4 having been C t v-' : s- paid.said articles are deemed to nave been filed with me this da of y�� Y G Y. 19 a: f Effective date MICHAEL J. VONNOLLY 1 Secretary of State PHOTO COPY OF ARTICLES OF ORGANIZATION TO BE SENT k TO BE FILLED IN BY CORPORATION s TO: f t . .Thomas.E..Callahan,. Esquire. . . . . . . . . . . . . . . . . 29.•.B .Montvale .Avenue. . . . . . . . . . . . . . . . . . . . . . . . . Woburn, .MA. . 111801. . . . . . . . . . . . . . . . . . .. . . . . . . . . Telephone .(617). 933-:9335: . . . . . . . . . . . . . . . . . . . . . . . FILING FEE: 1/20 of 1%of the total amount of the authorized capital sh-c iut ail authorized shares withart per value;but not less than$150 General Laws,Chapter 1368. Shares of stock with a par value less than one dollar shall be deemed to have par value of one dollar per share. Copy Mailed I)EN �c; 0 01 10 r �11. Fd �l B A R MENS 7MENS� 1 1 CHANGING C LOUNGE L �j L-1 t.-j WOMENS cc [c] 0��] ici lll„_JJJIII 111::CHANGING Eli] al MEZZANINE LEVEL ABOVE 1465EAT5 HOSTESS VESTIBULE -11 D BACK OF HOUSE KITCHEN L ORYSTORAGE r FIRE -9 Fi '7 F Fo- 4-r Pi F 0 2 &FLOOR PLAN- FIT FLOOR PLANS 99cambridge, 11c 125 Moin Street I North Andover,MA June 14,2011 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas Oftt�eo ,bqN Fire Chief o� � Telephone(978) 688-9593 A FAX (978) 688-9594 Lt. F. McCarthy *A�9 .�,>""��` '1 p�gATo APP` 5 amelnikas vtownofnorthandover.com Fire Prevention Officer �SSACHUSE�� fmccarthy c townofnorthandover.coin Town Clerks Office 120 Main St. North Andover,Ma July 21, 2011 Karen, The Fire Department is in favor of a license for a new restaurant operating under the name of, Shama Grill at 115 Main St. under the following conditions. The fire alarm shall be inspected and tested prior to issuing a license. The fire sprinkler system inspection and testing must be current. Fire extinguishers must be present and located in appropriate areas. Any suppression systems required must be installed to specification and tested. Any other fire related issues must be in compliance with Ma. fire codes. Respectfully, Lt Fred McCarthy