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HomeMy WebLinkAbout2017-07-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES July 18, 2017 CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 7:00PM in the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Licensing Chairman, Richard Vaillancourt, Rosemary Smedile, Chris Nobile, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 18 members of the public were in attendance. PLEDGE OF ALLEGIANCE COMMUNICATIONS AND ANNOUNCEMENTS (taken out of order): Retirement recognition - Donna Wedge Chairman DeCologero presented Donna Wedge with a Certificate of Appreciation for her 15 years of service to the Town. 2017 Summer at the Stevens (Library) The Board was given information regarding summer programs at the Library. Other communications and announcements Richard Vaillancourt announced the Farmers Market is open on Sundays from 10:00am-2:00pm through October 8, 2017. APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Regina Kean, to approve the Open Session Minutes of June 19, 2017. Vote approved 5-0. PUBLIC HEARING: National Grid Pole Petition - Morningside Lane and Meadowview Road Michele Stacy from National Grid was present to explain the petition. The Board had several questions that Ms. Stacy could not answer. Michael Bartlett of 99 Meadowview Road requested driveways not be disturbed. Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen continue the Public Hearing for the National Grid Pole Petition for Morningside Lane and Meadowview Road until the next meeting on August 14, 2017. Vote approved 5-0. CONSENT ITEMS: Request of Leslie Frazier and others to donate a tree to be planted at the Town Common in memory of Glen Macon Leslie Frazier was present to request permission to donate a tree to be planted at the Town Common in memory of Glen Macon. They are not asking for any memorial plaque. John Lavin, Senior Foreman at Public Works, has provide a favorable recommendation. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approve the request of Leslie Frazier and others to donate a tree to be planted at the Town Common in memory of Glen Macon. The type of tree to be donated is to be coordinated with Public Works. Vote approved 5-0. Donations Wheelabrator - $10,000 for Trauma Intervention Program Jackson Lumber - $100 for Youth & Recreation summer concerts and shows Al McGregor Fence Co. - $50 for Youth & Recreation summer concerts and shows Lombardo Signs - $25 for Youth & Recreation summer concerts and shows Fred Champy - $50 to Police Department for any needed service or material Board of Selectmen Minutes July 18, 2017 2 Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen accept the donations from Wheelabrator in the amount of $10,000 for the Trauma Intervention Program, Jackson Lumber in the amount of $100 for Youth & Recreation summer concerts and shows, Al McGregor Fence Co. in the amount of $50 for Youth & Recreation summer concerts and shows, Lombardo Signs in the amount of $25 for Youth & Recreation summer concerts and shows and Fred Champy in the amount of $50 to the Police Department for any needed service or material. Vote approved 5-0. th Request of the North Andover Athletic Association to use streets in North Andover for the 7 Annual Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am Included in the packet was a request from the North Andover Athletic Association to use streets in North th Andover for the 7 Annual Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am. All relevant departments have reviewed and have no issues. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the request of the North Andover Athletic Association to use streets in North Andover for th the 7 Annual Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am. Vote approved 5-0. Request of Joseph Contrada to use the Town Common for the Saint Vincent de Paul Friends of the Poor Walk on Saturday, September 30, 2017 at 10:00am Included in the packet was a request from Joseph Contrada to use the Town Common for the Saint Vincent de Paul Friends of the Poor Walk on Saturday, September 30, 2017 at 10:00am. All relevant departments have reviewed and have no issues. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Joseph Contrada to use the Town Common for the Saint Vincent de Paul Friends of the Poor Walk on Saturday, September 30, 2017 at 10:00am. Vote approved 5-0. Request of Rev. Kevin Deely to use the Town Common on Sunday, September 10, 2017 from 7:00am to 5:00pm for a Mass and parish picnic Included in the packet was a request from Rev. Kevin Deely of St. Michael Parish to use the Town Common for a Mass and parish picnic on Sunday, September 10, 2017 from 7:00am to 5:00pm. All relevant departments have reviewed and have no issues. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Rev. Kevin Deely to use the Town Common for a Mass and parish picnic on Sunday, September 10, 2017 from 7:00am to 5:00pm. Vote approved 5-0. Accept and sign License Agreement with Massachusetts Electric Company Included in the packet was documentation provided by Jim Stanford, DPW Director, regarding the updated License Agreement with Massachusetts Electric Company regarding the Hatch area parking lot has reviewed the proposed License Agreement. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen accept and sign the proposed License Agreement with Massachusetts Electric Vote approved 5-0. Accept and sign Easements from RCG West Mill MA, LLC Included in the packet was documentation provided by Jim Stanford, DPW Director, regarding permanent easements for two areas along Water Street near the intersection with High and Elm Streets. The easements are necessary in order to properly realign the intersection as part of the Water/High Streets Capital Improvement Project. Town Counsel has reviewed the proposed Easements. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen accept and sign the proposed Easements from RCG West Mill MA, LLC for two areas along Water Street near the intersection with High and Elm Streets. Vote approved 5-0. Affordable Unit Resale - 4 Harvest Drive, Unit 216 (Oakridge Village-Maplewood Reserve) housing unit at 4 Harvest Drive, Unit 216 (Oakridge Village-Maplewood Reserve) is up for sale. It is recommended the Board not exercise its right of first refusal. Board of Selectmen Minutes July 18, 2017 3 Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 4 Harvest Drive, Unit 216 (Oakridge Village-Maplewood Reserve). Vote approved 5-0. Vote to accept and sign Conservation Restriction from Wellington Woods Homeowner Association Trust Included in the packet was documentation provided by Town Counsel Suzanne Egan regarding a Conservation Restriction conveyed by Wellington Woods Homeowner Association Trust, through Messina Development Company for Wellington Woods. The Conservation Commission has already reviewed and signed the document. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept and sign the Conservation Restriction from Wellington Woods Homeowner Association Trust for Wellington Woods. Vote approved 5-0. Appointments Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen appoint Ronald Pallone as Constable for a term ending June 30, 2020. Vote approve 5-0. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen appoint Sumi Dolben to the Council on Aging for a term ending June 30, 2020. Vote approved 5-0. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the appointment of Lauren Lemack to the Cultural Council for a term ending June 30, 2019. Vote approved 5-0. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the appointment of Ronn Faigen as an Associate Member to the Zoning Board of Appeals for a term ending June 30, 2020. FY17 Budget Reallocation Included in the packet was documentation for end-of-year FY17 budget reallocations provided by Lyne Savage, Finance Director. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the FY17 budget reallocations, as presented. Vote approved 5-0. LICENSING COMMISSIONERS: Chris Nobile made a MOTION, seconded by Regina Kean, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Entertainment Licenses at 15 First Street Rosemary Smedile made a MOTION seconded by Phil DeCologero that the Board of Selectmen, Restaurant located at 15 First Street for Common Victualler and Entertainment Licenses. Vote approved 5-0. The applicant was present to answer any questions. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, located at 166 Sutton Street for a Common Victualler License. Vote approved 5-0. Request for a Change of Manage for a change to their Entertainment License to include live entertainment Mary McGraw was present to answer any questions. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that Board of Selectmen, from Argishti Gukasyan to Mary McGraw. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the Entertainment License to include live entertainment. Vote approve 5-0. Board of Selectmen Minutes July 18, 2017 4 Middlesex Street (taken out of order) Brian Vaughan of Smolak and Vaughan spoke on behalf of the applicant. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of JMML Enterpris Market, for a Wine and Malt Package Store License at 220 Middlesex Street. Vote approved 5-0. Request of Armen Jeknavorian of St. Gregory Armenian Church for a One Day Wine & Malt License for their Annual Picnic on September 10, 2017 from 12:00pm to 6:00pm and to waive all fees Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Armen Jeknavorian of St. Gregory Church for a One Day Wine & Malt License for their Annual Picnic on September 10, 2017 from 12:00pm to 6:00pm and to waive all fees. Vote approved 5-0. Request of Paul Gallant of Merrimack College for One Day Wine & Malt Licenses on Saturday, July 22, 2017 and Sunday, July 23, 2017 from 9:00am to 2:00pm for a Road Race Celebration at Mendel Lawn Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Paul Gallant of Merrimack College for One Day Wine & Malt Licenses on Saturday, July 22, 2017 and Sunday, July 23, 2017 from 9:00am to 2:00pm for a Road Race Celebration at Mendel Lawn. Vote approved 5-0. Vote to approve revised Alcoholic Beverages Regulations Included in the packet were the revised Alcoholic Beverages Regulations with the changes requested at the May 7, 2017 meeting. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the revised Alcoholic Beverages Regulations as presented. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Phil DeCologero announced he has invited the Sustainability Committee, Festival Committee and Youth and Recreation Council to come to a future meeting to give an update. st Town Manager, Andrew Maylor, announced that National Night Out is August 1. Proposed OPEB Committee Town Manager, Andrew Maylor, explained that the purpose of the committee would be to evaluate strategies and options regarding OPEB. The Board agreed to add to the next agenda a vote to establish the committee. Monthly Reports The Board was provided with the departmental monthly reports. Ask the Manager There were no questions submitted. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Regina Kean to adjourn the meeting at 8:40PM. Vote approved 5-0. Board of Selectmen Minutes July 18, 2017 5 Laurie A. Burzlaff Executive Assistant _______________________________ Regina Kean, Clerk of the Board Documents used at meeting: Minutes of June 19, 2017 Certificate of Appreciation Summer program packets National Grid Pole Petition Letter from Leslie Frazier Donation memorandum Letter and memo-Knights on the Run Letter and memo-Friends of the Poor Walk Letter and memo-St. Michael Parish License Agreement-Mass Electric Easement-RCG West Mill, LLC Memo from Eric Kfoury-Affordable Unit Resale Wellington Woods Conservation restriction Appointment memo FY17 Budget reallocation documents One day request-Armen Jeknavorian One day request-Merrimack College Alcoholic Beverages Regulations Opiate Report Fire Department Report Police Department Report Job posting/vacancy log Capital projects report Legal fees report Library report IT report Building report Senior Center report Textile Recycling report TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Phil DeCologero, Chairman TEL. (978) 688-9510 Regina Kean, Clerk FAX (978) 688-9556 Chris Nobile Rosemary Connelly Smedile Richard M. Vaillancourt BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA TUESDAY, JULY 18, 2017 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. June 19, 2017 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Retirement recognition - Donna Wedge B. 2017 Summer at the Stevens (Library) V. PUBLIC HEARING A. National Grid Pole Petition - Morningside Lane and Meadowview Road VI. CONSENT ITEMS A. Request of Leslie Frazier and others to donate a tree to be planted at the Town Common in memory of Glen Macon B. Donations: 1. Wheelabrator - $10,000 for the Trauma Intervention Program 2. Jackson Lumber - $100 for the Youth and Recreation summer concerts and shows 3. Al McGregor Fence Co., Inc. - $50 for the Youth and Recreation summer concerts and shows 4. Lombardo Signs - $25.00 for the Youth and Recreation summer concerts and shows 5. Fred Champy - $50 to the Police Department for any needed services or material th C. Request of the North Andover Athletic Association to use streets in North Andover for the 7 Annual Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am D. Request of Joseph Contrada to use the Town Common for the Saint Vincent de Paul Friends of the Poor Walk on Saturday, September 30, 2017 at 10:00am E. Request of Rev. Kevin Deely to use the Town Common on Sunday, September 10, 2017 from 7:00am to 5:00pm for a Mass and parish picnic F. Accept and sign License Agreement with Massachusetts Electric Company G. Accept and sign Easement from RCG West Mill MA, LLC H. Affordable Unit Resale - 4 Harvest Drive, Unit 216 (Oakridge Village - Maplewood Reserve) I. Vote to accept and sign Conservation Restriction from Wellington Woods Homeowner Assn. Trust J. Appointments 1. Ronald Pollone - Constable 2. Sumi Dolben - Council on Aging 3. Lauren Lemack - Cultural Council 4. Ronn Faigen - Zoning Board of Appeals associate member K. FY17 Year End budget reallocation VII. LICENSING COMMISSIONERS A. licenses at 15 First Street B. C. Mary McGraw and for a change to their entertainment license to include live entertainment D. Request of Armen Jeknavorian of St. Gregory Armenian Church for a One Day Wine & Malt license for their Annual Picnic on September 10, 2017 from 12:00pm to 6:00pm and to waive all fees E. Request of Paul Gallant of Merrimack College for One Day Wine & Malt licenses on Saturday, July 22, 2017 and Sunday, July 23, 2017 from 9:00am to 2:00pm for a Road Race Celebration at Mendel Lawn F. Market for a Wine and Malt Package Store license at 220 Middlesex Street G. Vote to approve revised Alcoholic Beverages Regulations VIII. OLD BUSINESS IX. NEW BUSINESS X. PUBLIC COMMENT XI. T A. Proposed OPEB Committee B. Monthly reports 1. Opiate Report 2. Fire Department 3. Police Department 4. Job posting/vacancy log 5. Capital Projects 6. Legal 7. Library 8. IT 9. Building 10. Senior Center 11. Textile Recycling C. XII. NEXT MEETING DATE Monday, August 14, 2017 XIII. ADJOURNMENT BOARD OF SELECTMEN MINUTES June 19, 2017 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM in the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Regina Kean, Chris Nobile, Town Manager Andrew Maylor and Assistant Town Manager Ray Santilli. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to approve the Open Session Minutes of June 5, 2017 as presented. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Textile Recycling Update The Town Manager gave an update of the Simply Recycling program. During the month of May, a total of 8,576 pounds of textiles were collected resulting in a payment to the Town of $85.76. Update from Conservation Commission This matter was tabled. Other Communications and Announcements th Rosemary Smedile indicated that she and Regina Kean attended the Smolak Farm 90 anniversary event. th Phil DeCologero announced that the Farmers Market starts on Sunday and will run through October 8. Update from Zoning Board of Appeals Albert Manzi, Zoning Board Chair, gave the annual update from the Zoning Board of Appeals. CONSENT ITEMS: Request of Festival Committee to use the Town Common from 7:00am on July 3, 2017 through 11:00pm on July 4, 2017, to close Massachusetts Avenue from Osgood Street to Academy Road on July 3, 2017 th from 5:00pm to 10:00pm and July 4, 2017 from 6:00am to 5:00pm for the Annual 4 of July Celebration, and to waive all municipal fees for the event th Jeff Coco of the Festival Committee was present to request the use the Town Common for the Annual 4 rdth of July Celebration from 7:00am on July 3 through 11:00pm on July 4, to close Mass Avenue from rdth Osgood Street to Academy Road on July 3 from 5:00pm to 10:00pm and July 4 from 6:00am to 5:00pm, and to waive all fees for the event. All relevant municipal departments reviewed the request. The Fire Department will be conducting the appropriate safety checks of food vendors prior to the start of the event. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen th approve the request of the Festival Committee to use the Town Common for the Annual 4 of July Celebration from 7:00am on July 3, 2017 through 11:00pm on July 4, 2017, to close Massachusetts Avenue from Osgood Street to Academy Road on July 3, 2017 from 5:00pm to 10:00pm and July 4, 2017 from 6:00am to 5:00pm, and to waive all municipal fees for the event. Vote approved 5-0. Accept donations for 2017 Summer Event Series The Youth and Recreation Services Department received the following donations to be used towards the Sunday Concerts on the Common and the weekly Children Shows: Trombly Brothers, Inc - $50, M.P. Roberts Insurance Agency - $200, Wheelabrator Technologies - $2,000, and St. Michael Parish - $500. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept the following donations for the 2017 Summer Event Series: Trombly Brothers, Inc - $50, M.P. Roberts Insurance Agency - $200, Wheelabrator Technologies - $2,000, and St. Michael Parish - $500. Vote approved 5-0. Board of Selectmen Minutes June 19, 2017 2 Appointments Included in the packet is a list of re-appointments and appointments by the Board of Selectmen to various Boards and Commissions that will be effective July 1, 2017. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the re-appointments and appointments to various Boards and Commissions, as listed, effective July 1, 2017. Vote approved 5-0. The Board was asked to re-appoint the firms of Kopelman & Paige, P.C. and Collins, Loughran & . Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the appointment of the firm of Kopelman & Paige, P.C. as Special Counsel through June 30, 2018. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the appointment of the firm of Collins, Loughran & Peloquin as Special Counsel through June 30, 2018. Vote approved 5-0. Per Town Charter, the Board must approve Rosemary Smedile made a MOTION seconded by Phil DeCologero that the Board of Selectmen accept Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. One day license requests for events in the tent at Smolak Farms Request of Jason Hanson and Brando Snyders for a one day all alcohol license for a wedding reception on Saturday, July 8, 2017 from 5:00pm-10:00pm Request of Jade Kusnierski and Mark Mello for a one day all alcohol license for a wedding reception on Saturday, August 5, 2017 from 4:00pm-10:00pm Request of Jillian Daly for a one day all alcohol license for a wedding reception on Saturday, August 12, 2017 from 5:00pm-10:00pm Request of Tyler Orlansky for a one day all alcohol license for a wedding reception on Saturday, September 30, 2017 from 4:00pm-10:00pm Request of Heather Bonnano for a one day all alcohol license for a wedding reception on Saturday, October 7, 2017 from 4:00pm-10:00pm Request of Patrick White for a one day wine and malt license for a wedding reception on Saturday, October 14, 2017 from 4:00pm-10:00pm Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the six requests for events at Smolak Farms on Saturday, July 8, 2017 from 5:00pm-10:00pm, Saturday, August 5, 2017 from 4:00pm- 10:00pm, Saturday, August 12, 2017 from 5:00pm-10:00pm, Saturday, September 30, 2017 from 4:00pm-10:00pm, Saturday, October 7, 2017 from 4:00pm-10:00pm and Saturday, October 14, 2017 from 4:00pm-10:00pm. Vote approved 5-0. Request from Cynthia Sanborn for a Common Victualler license for Cows Rock, Inc., 7 Johnson Street Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Cynthia Sanborn for a Common Victualler license for Cows Rock, Inc. at 7 Johnson Street, North Andover MA. Vote approved 5-0. th Request from Jamie Green Klopotoski of Ipswich Ale Brewery for one day wine and malt license for 4 of July festivities on the Town Common on Monday, July 3, 2017 from 5:00pm-11:00pm and Tuesday, July 4, 2017 from 10:00am-4:00pm Jeff Coco of the Festival Committee and Chris Marshall of the Borderline Running Club presented the request. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Jamie Green Klopotoski th of Ipswich Ale Brewery for one day wine and malt licenses, for 4 of July festivities on the Town Common on Monday, July 3, 2017 from 5:00pm-11:00pm and Tuesday, July 4, 2017 from 10:00am- 4:00pm, subject to same conditions set forth in prior years. Vote approved 5-0. Board of Selectmen Minutes June 19, 2017 3 Other licensing matters Rosemary Smedile provided the Board with a copy of the ABCC handout regarding acceptable identification. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None BOARD REORGANIZATION: Nomination and vote for Officers (Chair and Clerk) Regina Kean made a MOTION, seconded by Chris Nobile that Phil DeCologero serve as Chairman of the Board of Selectmen. Vote approved 4-1. Rosemary Smedile opposed. Phil DeCologero made a MOTION seconded by Rosemary Smedile that Regina Kean serve as Clerk of the Board of Selectmen. Vote approved 5-0. Nomination and vote for Licensing Chair Rosemary Smedile made a MOTION seconded by Chris Nobile that Richard Vaillancourt serve as Chairman of the Licensing Board. Vote approved 5-0. Nomination and vote for Appointment Subcommittee Phil DeCologero made a MOTION, seconded by Rosemary Smedile that Chris Nobile serve on the Appointment Subcommittee. Vote approved 5-0. Phil DeColgoero made a MOTION, seconded by Rosemary Smedile that Regina Kean serve on the Appointment Subcommittee. Vote approved 5-0. PUBLIC COMMENT (taken out of order): Donald Stewart of Prospect Street thanked Mr. Vaillancourt for his great job as chair and Ms. Smedile for her service on the Appointment Subcommittee. Mr. Stewart also stated to Mr. DeCologero that serving as as chair in his election year of 2014-2015. Stevens Estate and OPEB committees Town Manager, Andrew Maylor, reviewed the memorandum in the packets regarding possible initiatives in the future relating to the Stevens Estate and OPEB. The Board will discuss both issues at a future meeting. Monthly Reports Included in the packets were the departmental monthly reports. The Board discussed in depth the legal report, the building department report, and the IT report. th . Ask the Manager Phil DeCologero asked for an update on the old Bradstreet School property. The Town Manager indicated that they are close to getting and occupancy permit and are pursuing tenants. ADJOURNMENT: Chris Nobile made a MOTION, seconded by Regina Kean to adjourn the meeting at 8:35pm. Vote approved 5-0. Board of Selectmen Minutes June 19, 2017 4 Laurie A. Burzlaff Executive Assistant _______________________________ Regina Kean, Clerk of the Board Documents used at meeting: Minutes of June 5, 2017 Textile Recycling receipt Festival committee request Donations List of appointments Smolak Farms requests Cows Rock request Ipswich Ale request Stevens Estate and OPEB memo Opiate Report Fire Department Report Police Department Report Job posting log Capital projects report Legal report Library report IT report Building report ABCC FAQ LICENSE AGREEMENT This License Agreement (this "Agreement" or "License") is this _________ day of June, 2017, by and between MASSACHUSETTS ELECTRIC COMPANY, a Massachusetts corporation, having an address at 40 Sylvan Road, Waltham, MA 02451 (the "Company") and the TOWN OF NORTH ANDOVER, a municipal corporation established under the laws of the Commonwealth of Massachusetts, having an address of 120 Main Street, North Andover, Massachusetts 01845 (the "Town"). WHEREAS, the Company is the owner of a certain parcel of land situated in North Andover, Essex County, Massachusetts, by virtue of that deed from J. P. Stevens & Co., Inc., dated September 30, 1952, and recorded with the Essex North District Registry of Deeds in Book 768, Page 439 (the "Property"); and WHEREAS, the Town desires to use a portion of the Property as a parking area for automobiles by persons using the surrounding town land, conservation land, and lake facilities; NOW THEREFORE, the Company, in consideration of the rent hereinafter reserved and the covenants and agreements hereinafter set forth to be paid, observed and performed by the Town, grants to the Town a non-exclusive license to use that portion of the Property (the "Licensed Premises") shown crosshatched on the sketch attached hereto as Exhibit A and made a part hereof, strictly for the purpose of using and maintaining a gravel parking area to the extent shown on that parking plan attached hereto as Exhibit B and made a part hereof (the "Parking Plan") by the Town and its agents, employees, licensees, visitors and members of the general public) for the Permitted Uses (as hereinafter defined), and for no other purposes. YIELDING AND PAYING, therefore, as rent the sum of Six Hundred Dollars ($600.00) per year st payable on the first (1) day of May in each and every year during the continuance of this agreement, commencing on the date of this Agreement. st This agreement shall become effective as of the first (1) business day of May, 2017, and shall be for a period of one year and thereafter from year to year unless terminated at the end of any yearly period by either party by the giving of written notice of termination to the other party at least thirty (30) days prior to the end of any yearly period, unless otherwise terminated by the Company as hereinafter provided. This permission is given strictly upon the following terms and conditions which the Town hereby accepts and agrees to observe and perform as part consideration of this agreement: 1. The Town and its agents, employees, licensees, servants, contractors and invitees (collectively, its "Invitees") use and occupancy of the Licensed Premises shall be restricted exclusively to maintaining the parking areas shown on the Parking Plan in accordance with this Agreement, and the short term parking of automobiles by the Town's Invitees using the surrounding town land, conservation land, and lake facilities (collectively, the "Permitted Uses"), and for no other purposes. Such short term parking is to be without charge. The Town covenants and agrees with Licensor that the Permitted Uses shall be restricted to within the Licensed Premises as shown on Exhibit B and the Town shall not permit its Invitees to park on or otherwise use any other portion of the Property. Parking of automobiles on the Licensed Premises is to be restricted to persons using the surrounding town land, conservation land, and lake facilities only. 2. All vehicles utilizing the Licensed Premises shall not exceed a 10 m.p.h. speed limit. 3. The Town covenants and agrees that, during its utilization of the Licensed Premises for the Permitted Uses, the Town shall, at its sole cost and expense, obtain, hold and maintain all necessary current and effective licenses, permits, approvals, and consents from any governmental entity having jurisdiction over the Permitted Uses and the Licensed Premises (hereinafter, "Government Approvals") and shall deliver true, accurate and complete copies of the same to the Company upon request. The Company reserves the right to approve any such Government Approvals, and, in the event the Company does not grant such approval, the Town shall, at its sole cost and expense, obtain new Government Approvals in form and substance acceptable to the Company. 4. The Town may clear and improve the land for parking purposes only; this may include the installation of gravel provided, however, that before any such improvements are made, approval thereof in writing shall be obtained from the Company. The Town need not obtain written permission from the Company to clear the land, provided the Town has obtained all necessary Governmental Approvals and those Governmental Approvals do not place any requirements, costs or obligations on the Company. The Town further covenants and agrees with the Company that the Town shall not perform any blasting or use explosives on the Property. In no event shall the land be cleared or improved within fifty (50) feet of the fence around the facilities of the Company, as shown on Exhibit A. It is further agreed by the Town that no buildings or structures will be erected or constructed upon the Licensed Premises. 5. Once cleared in accordance with Section 4 above, the Town shall keep the Licensed Premises in good repair and condition at all times, reasonably free from water, ice, snow or other hazardous conditions, and further agrees that all work done in connection with the Town's maintenance and repair of the Licensed Premises shall be done in a good workmanlike manner. The Town further covenants and agrees that, except for clearing the Licensed Premises as provided in Section 4 above, it shall not make any alterations, additions or improvements to or upon the Licensed Premises, including without limitation, any excavations or changes of grade, without the Company's express written permission. Notwithstanding the foregoing, the improvements as shown on the Parking Plan are hereby permitted. 6. This Agreement and the exercise thereof by the Town shall never interfere with the construction, reconstruction, repair, maintenance and operation by the Company, its successors and assigns, of its substation facilities, electric lines, poles and other facilities (collectively, "Facilities") now constructed, or which may at any time in the future be constructed across, though, over and under its Property, including the Licensed Premises, and the Company reserves the right to enter upon the Licensed Premises at any time for all of the above purposes and to do whatever it is necessary to the Licensed Premises to accomplish the aforesaid purposes. Furthermore, the Company expressly reserves the right to restrict or prohibit access to and along the Licensed Premises when required by the Company activities as determined by the Company in its sole reasonable discretion. 7. Facilities or any other contingency requiring immediate maintenance or repairs, the Town agrees to move any vehicle that may be parked on the Licensed Premises in order to give the Company immediate access to its Facilities. 8. The Town agrees to pay the rent as hereinabove reserved in the manner and at the times set forth. 9. The Town understands and agrees that the Company is under no obligation to restore, repair, or maintain the Licensed Premises in any respect, or to secure or provide security for any portion of the Licensed Premises, to provide service to the Licensed Premises, or to render the Licensed Premises serviceable for access, parking, pedestrian use or passage or any other purpose in any respect, including, without limitation, the Permitted Uses, and specifically including, without limitation, paving, sealcoating, and removing any accumulated or excess debris, water, ice, snow, or other hazardous conditions. 10. The Town understands and agrees that the Company makes no representation or warranty with respect to the condition, safety, title, or fitness of the Licensed Premises, including, without limitation the suitability of the Licensed Premises for the Permitted Uses, the environmental condition of the Property, including the Licensed Premises, or rights of others held in and to the Licensed Premises and that the Town occupies and uses the Licensed Premises at its sole risk. The Town has inspected the Licensed Premises and accepts the Licensed Premises "AS IS", "WHERE IS", AND "WITH ALL FAULTS". THE TOWN HEREBY WAIVES AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY TYPE OR ANY KIND WHATSOEVER AS TO THE LICENSED PREMISES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF FITNESS FOR A PARTICULAR PURPOSE AND USE. 11. The Town covenants and agrees with The Company that the Town and its Invitees shall take all necessary precautions for the safety of the Town and its Invitees on or about the Property and shall comply with all applicable federal, state, and municipal laws, regulations, ordinances, court orders and administrative orders thereto to prevent accidents or injury to persons or property on, about or adjacent to Property. 12. The Town, its Invitees, and/or any other person or persons claiming through or under the Town or its Invitees, (i) shall not permit any use of the Licensed Premises which shall create a fire hazard or be unlawful or which constitutes a legal nuisance or that is contrary to any law, rule, regulation or requirement of any governmental authority; (ii) shall not injure, overload, deface or commit waste at the Licensed Premises; and (iii) shall comply with all applicable federal, state, or local statutes, laws, regulations, ordinances, orders or other requirements affecting the Licensed Premises and the Permitted Uses including, without limitation, all Government Approvals. 13. Except with respect to short term parking of vehicles in connection with the Permitted Uses, the Town covenants and agrees with the Company that neither the Town, its Invitees, nor any person claiming under the Town or its Invitees, shall store or permit to be stored on the Licensed Premises any vehicles or equipment. The Town further covenants and agrees with the Company that the Town shall not cause, permit, allow, or suffer the placement, stockpiling or accumulation of earth, materials, trailers, storage containers, supplies or equipment either temporarily or permanently, on the Property or within the Licensed Premises. The Town shall also insure that neither trucks nor truck trailers or equipment are parked overnight on the Licensed Premises, and that drivers do not utilize the Licensed Premises as a rest stop. 14. The Town shall not permit any liens or encumbrances to be placed on the Licensed Premises, including without limitation, any mechanics liens or similar liens for labor and material furnished to the Town or claimed to have been furnished to the Town in connection with work of any character performed or claimed to have been performed at the direction of the Town. The placement of any such lien on the Licensed Premises shall constitute a default under this Agreement unless, within thirty (30) days after the Town receives either written or oral notice or becomes aware of the existence of such lien, the Town causes the same to be discharged or bonded over. 15. The Town covenants and agrees as follows: a. The Town agrees to the extent permitted by law to defend with counsel satisfactory to the Company and to pay, protect, indemnify and save harmless the Company and its affiliates, and all officers, directors, shareholders, employees or agents of any of them, from and against, any and all liabilities, damages, loss, costs, expenses Company), causes of action, suits, claims, demands or judgments of any nature whatsoever arising from the condition of the Property, the rights reserved by the Company herein, and/or the exercise of this Agreement by the Town or its Invitees or any person claiming under any of them or any such person, including, without limitation, (a) any work, act or omission to act done in, on or about the Licensed Premises or any part thereof by or on behalf of the Town, its Invitees or any person claiming under the Town; (b) injury to, or the death of, persons or damage to property on the Licensed Premises or in any way growing out of, or connected with, the use, non-use, condition, possession, operation, maintenance, management or occupation of the Licensed Premises by the Town, its Invitees or any person claiming under the Town, or resulting from the condition of the Licensed Premises; or (c) violation of any agreement or condition of this Agreement or of any applicable federal, state or local statutes, laws, regulations, ordinances or other requirements affecting the Licensed Premises, or the occupancy or use thereof by the Town, its Invitees or any person claiming under the Town or the Invitees. The foregoing indemnification shall not include injury or damage caused by the gross negligence or willful misconduct of the Company. b. The Town shall maintain insurance coverage in the amounts set forth in Exhibit C attached hereto and incorporated herein by reference and made a part hereof. c. The Town hereby releases, to the extent permitted by law, the Company from and against any and all liabilities, losses, damages (to persons and property), costs, and/or demands for judgment whatsoever caused by, arising out of or in any way related to the: (a) the Town condition of the Property; and (c) the Company Agreement. Moreover, the Town understands that the existence of the Company Facilities on the Property involves some risk, and the Town, as part of the consideration for this Agreement, hereby releases and waives any right to ask for or demand damages for or on account of loss or injury due to such Facilities except to the extent caused by the gross negligence or wilful misconduct of the Company. d. The provisions of this Section 18 shall survive the expiration or earlier termination of this Agreement. 16. The Town covenants and agrees with the Company that neither the Town, its Invitees, nor any person claiming under the Town or its Invitees or any such person shall bring onto, store, generate, or permit to be stored or generated on the Licensed Premises any oil, hazardous material, hazardous waste or hazardous substance, as those terms are defined by any applicable law, rule or regulation, including, without limitation, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L c. 21E, the Massachusetts Hazardous Waste Management Act, M.G.L. c. 21C, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §§ 9601 et seq. and the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et seq. To the extent permitted by law, the Town shall indemnify and hold the Company harmless from and against any claim, liability, loss, damage or expense, including paragraph. The provisions of this paragraph notwithstanding, the bringing onto the Licensed Premises of vehicles and the normal and ordinary operating fluids thereof that are self-contained, non-leaking and necessary for the operation of such vehicles, shall not cause a breach under this paragraph; provided, however, that the Town shall, to the extent permitted by law, indemnify and hold the Company harmless from and against any claim, of, the presence of such operating fluids on the Licensed Premises. The indemnification provision of this Section 16 shall survive the expiration or earlier termination of this Agreement. 17. The Town agrees that this Agreement cannot be assigned in whole or in part by the Town without the prior written consent of the Company. 18. Should the Town fail to make any payment required under this Agreement when due or fails to comply with, perform or observe any of the Town under this Agreement and such failure is not corrected within ten (10) days after the Town receives written notice from the Company of the Townthe Town is of such a nature that the Town cannot reasonably remedy the same within such ten (10) day period, and the Town shall fail to commence promptly to remedy the same and to prosecute such remedy to completion with due diligence and continuity and within such period of time as would be reasonably required under the circumstances (but in no event longer than thirty (30) days), then such failure shall constitute a default under this Agreement. In the event of a default, the Company, its employees or agents may lawfully, immediately or at any time thereafter, and without further demand or notice, enter into and upon the Licensed Premises and repossess the same and expel the Town, its Invitees, and those claiming by, through or under the same, and remove the Town's and its Invitee's effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used or preceding breach of covenant or condition, and upon entry, this Agreement shall cease and terminate, in which event this Agreement shall be of no further force and effect except as to such of the Town contingent, as shall have arisen on or prior to such date of termination or which by their terms survive termination. 19. Notwithstanding anything herein contained to the contrary, the Company reserves the right to revoke, cancel and terminate this agreement at any time by giving a thirty (30) day written notice of revocation, cancellation and termination delivered to the Town. 20. All notices required or permitted under, or relating to, this Agreement shall be in writing and either delivered in hand or mailed (a) by registered or certified mail (return receipt requested) with the United States Postal Service, or (b) by Federal Express or other overnight mail carrier furnishing evidence of receipt, to The Company at the address set forth on the first page of this License, Attention: Manager, Real Estate Department, with a copy to National Grid, Legal Department, 40 Sylvan Road, Waltham, MA 02451, Attention: AGC - Real Estate; and to the Town at the mailing address as set forth on the first page of this License, attention: Town Manager. Any party may change the address at which it is to receive notices by giving notice as hereinabove set forth. Any notice or other communication in connection with this Agreement shall be deemed duly served when received (or upon attempted delivery if delivery is not accepted.) 21. Failure of the Company to complain of any act or omission hereunder on the part of the Town, no matter how long the same may continue, shall not be deemed a waiver by the Company of any of its rights hereunder. No waiver by the Company at any time, express or implied, of any breach of any provision of this Agreement shall ever be deemed a waiver of a breach of any other provision of this Agreement, or a consent to any subsequent breach of the same or any other provision. If any action by the Town shall require the Company's consent or approval, such consent or approval on any particular occasion shall not be deemed a consent or approval of any other action on any subsequent occasion. 22. If any provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected. Each provision of this Agreement shall be deemed valid and enforceable to the fullest extent permitted by law. 23. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior oral and written offers, negotiations, proposals, representations, agreements, including, without limitation, that Agreement dated March 28, 1966 between the Town and the Company (which Agreement the parties agree is terminated hereby), courses of dealing and understandings between the parties relating to the subject matter hereof, and is subject to no understandings, conditions, or representations other than those expressly stated herein. 24. This Agreement may only be amended or modified by a writing signed by the Company and the Town and which refers to this Agreement. 25. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. The Town agrees and consents that venue and jurisdiction shall be proper in the state court of any county of the Commonwealth of Massachusetts, or in the United States District Court for the District of Massachusetts. 26. Neither party to this License shall be responsible to the other for delays or errors in its performance or other breach of this License occurring solely by reason of circumstances beyond its control, including acts of civil or military authority, national emergencies, fire, labor disputes, flood or catastrophe, acts of God, insurrection, war riots, delays of suppliers, or failure of transportation or communication. 27. The permission to enter upon the Property contained in this Agreement is subject to any easements, restrictions, and encumbrances of record. 28. This Agreement shall not be construed as creating or vesting in the Town any easement or estate in the Licensed Premises, but only the limited rights of possession and use under the Agreement hereinabove described. The parties agree that neither this License nor any memorandum or notice thereof shall be recorded at any registry of deeds and that such recording by the Town shall render this License immediately null and void, except for those provisions of this License and obligations of the Town that survive the termination of this License. 29. This Agreement: (i) may be executed in multiple counterparts, each of which when executed by all parties to this Agreement shall be deemed to be an original; (ii) shall take effect as a sealed instrument; (iii) shall bind and inure to the parties and their respective legal representatives, successors and assigns, except that the Town may not delegate any of its obligations under this Agreement or assign this Agreement; and (iv) is not intended to inure to the benefit of any third-party beneficiary. 30. The Town acknowledges that electrostatic currents are expected under some conditions and, although these currents (felt as shocks) may be annoying, the Company will be not be able to eliminate these currents. 31. The Town hereby represents and warrants to the Company that (i) the Town has the power and authority to execute, deliver and perform its obligations under this Agreement, and (ii) the person executing and delivering this Agreement on behalf of the Town is duly authorized to so execute and deliver this Agreement. \[Remainder of Page Intentionally Left Blank\] IN WITNESS THEREOF, the parties hereto have caused their respective corporate seals to be affixed and their corporate names to be signed to these presents and another of like tenor and effect by their respective officers thereunto duly authorized the day and year first above written. MASSACHUSETTS ELECTRIC COMPANY ______________________________________ Michael E. Guerin Authorized Representative TOWN OF NORTH ANDOVER By and Through its Board of Selectmen ______________________________________ By:___________________________________ Its:___________________________________ ______________________________________ By:___________________________________ Its:___________________________________ ______________________________________ By:___________________________________ Its:___________________________________ ______________________________________ By:___________________________________ Its:___________________________________ ______________________________________ By:___________________________________ Its:___________________________________ EXHIBIT A Licensed Premises EXHIBIT B Parking Plan EXHIBIT C Insurance Requirements 1. Insurance Requirements. From the commencement of the Agreement, through final expiration or longer where specified below, the Town shall provide and maintain, at its own expense, insurance policies, intended to be primary (with no right of contribution by any other coverage available to National Grid USA, its direct and indirect parents, subsidiaries and affiliates including, without limitation, the Company services to be performed under or in connection with this Agreement, issued by reputable insurance companies with an A.M. Best Rating of at least B+, which at least meet or exceed the requirements listed herein: (a) as required by the State in which be at least $500,000 each per accident, per person disease, and disease by policy limit. (b) Commercial General Liability (CGL) Insurance, covering all operations to be performed by or on behalf of the Town under or in connection with this Agreement, with minimum limits of: Combined Single Limit - $1,000,000 per occurrence General Aggregate & Product Aggregate - $2,000,000 each Coverage shall include: contractual liability (with this Agreement being included under the explosion, collapse and underground (XC&U), additional insured as required in Section 5 below, and shall contain a separation of insureds condition. If the products-completed operations coverage is written on a claims-made basis, the retroactive date shall not precede the effective date of this Agreement and coverage shall be maintained continuously for the duration of this Agreement and for at least two years thereafter. (c) Automobile Liability, covering all owned, non-owned and hired vehicles used in connection with all operations, work or services to be performed by or on behalf of the Town under or in connection with this Agreement with minimum limits of: Combined Single Limit - $1,000,000 per occurrence Additional insured as required in Section 5 below. (d) Umbrella Liability or Excess Liability coverage, with a minimum per occurrence limit of $4,000,000. This coverage shall run concurrent to the CGL required in Section 1(b) above, shall Exhibit, and shall provide additional insured status as required in Section 5 below. (e) Commercial Property Insurance, covering all personal property of every description owned or brought onto the Licensed Premises by the Town, its employees, agents, contractors, tenants, subtenants or assignees, including stock-in-trade, furniture, fittings, trade fixtures, in an amount not less than one hundred percent (100%) of the full replacement cost thereof. (f) Watercraft Liability, if used in connection with this Agreement, with the same minimum limits of liability as outlined in Section 1(b) above, and naming the Insured Entities, including their officers and employees, as additional insured as required in Section 5 below. (g) Aircraft Liability, if used in connection with this Agreement, with a limit of liability of not less than $10,000,000 combined single limit per occurrence, and naming the Insured Entities, including their officers and employees, as additional insured as required in Section 5 below. Such coverage shall not include a per-passenger or per seat coverage limit. (h) Contractors Pollution Liability (CPL) covering any sudden and accidental pollution liability which may arise out of, under, or in connection with this Agreement, including all operations to be performed by or on behalf of the Town, or that arise out of the Town- owned or hired vehicles, with a minimum liability limit of not less than $1,000,000 combined single limit per occurrence. This requirement may be satisfied by providing either this CPL policy, which would include outlined in Section 5 below; OR by providing coverage for sudden and accidental pollution liability under the CGL and commercial automobile insurance policies required above, limited solely by the Insurance Services Organization (ISO) standard pollution exclusion, or its equivalent. In the event the Town is unable to secure and/or maintain any or all of this sudden and accidental pollution liability coverage, the Town agrees, to the extent permitted by law, to indemnify and hold the Insured Entities harmless against any and all liability resulting from any coverage deficiency that is out of compliance with this insurance requirement. 2. Homeowners/Sole Proprietors Insurance: In the event that the Town is either a homeowner or sole proprietor, the requirements in Sections 1(a) and (d) above do not apply. However, these requirements do apply to any contractors that have been hired by the Town to perform any work activities on the premises as defined in this Agreement. In addition, if a homeowners insurance company will not provide the additional insured status to the Insured Entities as required in Section 5, the Town agrees, to the extent permitted by law, to indemnify and hold harmless the Insured Entities for any liability that would have otherwise been covered had the insurance carrier recognized the additional insured status. 3. Limits: Any combination of Commercial General Liability, Automobile Liability and Umbrella Liability policy limits can be used to satisfy the limit requirements in Sections 1(b), (c) and (d) above. 4. Self-Insurance: Proof of qualification as a qualified self-insurer, if approved in advance in writing by , will be acceptable in lieu of securing and maintaining one or more of the coverages required in this Agreement. Such acceptance shall become a part of this insurance provision by reference herein. -insured certificate for the State in which the work will be performed. 5. Additional Insured and Loss Payee: The intent of the Additional Insured requirement under the CGL, Auto, CPL, Umbrella/Excess, Aircraft and Watercraft policies is to include the Insured Entities, their directors, officers and employees, as Additional Insured for liabilities associated with, or arising out of, all operations, work or services to be performed by or on behalf of the Town, including ongoing and completed operations, under this Agreement. The following language should be used when referencing the additional insured status: National Grid USA, its direct and indirect parents, subsidiaries and affiliates shall be named as additional insured. To the extent the Town the full Additional insured coverage as required herein, the Town agrees, to the extent permitted by law, to indemnify and hold harmless the Insured Entities against any and all liability resulting from any deficiency in the Town coverage that may be out of compliance with this insurance requirement. 6. Waiver of Recovery: The Town and its insurance carrier(s) shall waive all rights of recovery against the Insured Entities and their directors, officers and employees, for any loss or damage covered under those policies referenced in this Agreement, or for any required coverage that may be self-insured by the Town. To the extent the Town against the Insured Entities, the Town agrees, to the extent permitted by law, to indemnify the Insured Entities for any subrogation activities pursued against them by the Town However, this waiver shall not extend to the gross negligence or willful misconduct of the Insured Entities or their employees, sub-contractors or agents. 7. Contractors: In the event the Town uses contractors in connection with this Agreement, it is expressly agreed that the Town shall have the sole responsibility to make certain that all contractors are in compliance with these insurance requirements and remains in compliance throughout the course of this Agreement, and thereafter as required. The Town shall remain liable for the performance of the contractor, and such subcontract relationship shall not relieve the Town of its obligations under this agreement. Unless agreed to in writing the by the Risk & Insurance Department of National Grid USA, any deductible or self-insured retentions maintained by any contractor, which shall be for the account of the contractor, and shall not exceed $100,000. In addition, contractor shall name both the Town and the Insured Entities as additional insureds under the Commercial General Liability and Umbrella/Excess Liability insurance. If requested by a representative of the Insured Entities, the Town shall provide the Insured Entities with an insurance certificate from its contractor evidencing this coverage. In the event any contractor is unable to maintain all of the same insurance coverage as required in this Agreement, the Town agrees, to the extent permitted by law, to indemnify and hold the Insured Entities harmless against any and all liability resulting coverage that may be out of compliance with these insurance requirements. 8. Insurance Certification: Upon execution of this Agreement, the Town shall promptly provide the Insured Entities with (a) Certificate(s) of Insurance for all coverages required herein at the following address: National Grid Attn: Risk & Insurance, Bldg. A-4 300 Erie Boulevard West Syracuse, NY 13202 The Town shall provide the Insured Entities with at least 30 days prior written notice at the above address of any cancellation or diminution of the insurance coverage required in this Agreement. 9. Insurance Obligation: If any insurance coverage is not secured, maintained or is cancelled and the Town fails immediately to procure other insurance as specified, the Company has the right, but not the obligation, to procure such insurance and to invoice the Town for said coverage. 10. Incident Reports: The Town shall furnish the Risk & Insurance Department of National Grid USA at the address referenced in Section 8 above with copies of any non-privileged accident or incident the Town incidents or events occurring as a result of the performance of all operations, work and services to be performed by or on behalf of the Town under or in connection with this Agreement, excluding any accidents or incidents occurring on the Town property. If any of the Insured Entities are named in a lawsuit involving the operations and activities of the Town associated with this Agreement, the Town shall promptly provide copies of all insurance policies relevant to this accident or incident if requested by the Company. However, in the event such Documents are deemed privileged and confidential (Attorney/Client Privilege), the Town shall provide the relevant facts of the accident or incident in a format that does not violate such Attorney/Client Privilege. 11. Other Coverage: These requirements are in addition to any which may be required elsewhere in this Agreement. In addition, the Town shall comply with any governmental site specific insurance requirements even if not stated herein. 12. Coverage Limitation: Nothing contained in this article is to be construed as limiting the extent of the Town performed by or on behalf of the Town under or in connection with this Agreement, or limiting, diminishing, or waiving the Town Entities in accordance with this Agreement. \[End of Document\] TOWN OF NORTH ANDOVER OFFICE OF TOWN COUNSEL 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TEL. (978) 794-1709 Suzanne P. Egan FAX (978) 688-9556 Town Counsel To: Chairman and Members of the Board of Selectmen From: Suzanne P. Egan, Town Counsel Date: July 12, 2017 Re: Wellington Woods Conservation Restriction Wellington Woods Homeowner Association Trust, through Messina Development Company, Inc. to the Town of North Andover as a part of its Definitive Subdivision Plan of Wellington Woods. The Conservation Commission has reviewed and signed the document. The Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts has approved the form of the restriction and will review it for final approval once the parties have signed it. TOWN OF NORTH ANDOVER OFFICE OF TOWN COUNSEL 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TEL. (978) 794-1709 Suzanne P. Egan FAX (978) 688-9556 Town Counsel To: Chairman and Members of the Board of Selectmen From: Suzanne P. Egan, Town Counsel Date: July 11, 2017 Re: Alcoholic Beverages Regulations Attached please find the revised Alcoholic Beverages regulations with the change requested at the May I have highlighted the sections with changes. Section B (32) has been changed by deleting the requirement that license holders self-report police calls to their premises. Section C (4) Convenience Stores has been deleted as it appeared to be the consensus of the Board that requiring store owners to segregate or curtain alcoholic beverages when they may not be sold was unnecessary. TOWN OF NORTH ANDOVER ALCOHOLIC BEVERAGES REGULATIONS TABLE OF CONTENTS PAGE Section A. Definitions Section B. General Rules and Regulations For All LicensesSection A. GENERAL APPLIES TO ALL LICENSES ...................................................................................................................... 1 1. Legislative Authority ................................................................................................................. 3 2. Filing of Applications ................................................................................................................ 3 3. ReapplicationsReapplication .................................................................................................... 4 4. Compliance With All Laws and Regulations .......................................................................... 5 5. Corporate and Trade Names .................................................................................................... 5 6. Cessation of Operations ............................................................................................................ 5 7. Bankruptcy and Court Proceedings ........................................................................................ 5 8. Corporate Transactions ............................................................................................................ 5 9. Foreclosure on Loans ................................................................................................................ 6 10. Manager and Alternate Managers ........................................................................................... 6 11. Manager's Responsibilities ....................................................................................................... 6 121. Employee Consumption Prohibited ......................................................................................... 7 132. Service Prohibited To Certain Individuals.............................................................................. 7 143. Identification Cards ................................................................................................................... 7 154. Discrimination Prohibited ........................................................................................................ 7 165. Employee List To Be Maintained ............................................................................................. 7 176. Employee Training .................................................................................................................... 7 187. Suspension. Revocation. or Modification of Licenses ............................................................. 8 198. Display of Licenses and Permits ............................................................................................... 8 2019. Hours of Operation .................................................................................................................... 9 210. Employees On Premises After Closing Hours ......................................................................... 9 221. Access To Premises By Police and Agents ............................................................................... 9 232. Inspection of Premises ............................................................................................................... 9 243. Premises' Description .............................................................................................................. 10 254. Prohibited Activities ................................................................................................................ 10 i 265. Posting of Suspension Notice .................................................................................................. 10 276. Refuse Removal ....................................................................................................................... 10 27. Insurance 5 28.28. One-Day Liquor Licenses ....................................................................................................... 11 29. Sunday Package Store Openings ............................................................................................ 12 30. Application Process; Fees ....................................................................................................... 12 2931. Scheduling of Public Hearings................................................................................................ 16 302. Violations .................................................................................................................................. 17 Section CB. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES ... 20 1. Food Service Required ............................................................................................................ 20 2. ........................................................................................... 20 3. Interior Lighting ...................................................................................................................... 21 4. Hours of Operation .................................................................................................................. 21 5. Hours of Sales Restricted ........................................................................................................ 21 6. Service Limited To Approved Areas...................................................................................... 21 7. Service Limited To Food Service Areas................................................................................. 22 8. Consumption On Premises ..................................................................................................... 22 9. Serving Containers .................................................................................................................. 22 10. Charge For Alcoholic Beverages ............................................................................................ 22 11. Service of Alcoholic Beverages Limited ................................................................................. 22 12. Changes To Premises Or Operation ...................................................................................... 22 13. Permits For Changes To Premises ......................................................................................... 23 14. Entertainment .......................................................................................................................... 23 15. Annual Financial Report......................................................................................................... 23 Section DC. APPLIES TO RETAIL PACKAGE STORE LICENSES .................................. 23 1. Hours of Sales .......................................................................................................................... 23 2. Consumption On Premises Prohibited .................................................................................. 24 3. Premises' Description .............................................................................................................. 24 4. Convenience Stores .................................................................................................................. 24 5. Posting of Prices ....................................................................................................................... 25 6. Deliveries Off Premises ........................................................................................................... 25 Section E. SPECIAL ONE DAY LICENSES Section ED. APPLIES TO CLUB LICENSES ........................................................................ 25 1. List of Officers and Members ................................................................................................. 25 ii 2. Guest Register Book ................................................................................................................ 25 3. Only Members and Guests To Be Served .............................................................................. 26 4. Hours of Sales .......................................................................................................................... 26 6. Clear View of Premises' Interior ............................................................................................ 26 7. Interior Lighting ...................................................................................................................... 27 8. Consumption on Premises....................................................................................................... 27 9. Serving Containers .................................................................................................................. 27 10. Service of Alcoholic Beverages Limited ................................................................................. 27 11. Changes To Premises............................................................................................................... 27 12. Permits For Changes To Premises ......................................................................................... 27 13. Annual Financial Report......................................................................................................... 28 Section F.E. APPLIES TO DRUGGIST LICENSES .............................................................. 29 1. Not For Beverages Purposes ................................................................................................... 29 2. Recording Sales ........................................................................................................................ 29 iii A. Section A. DEFINITIONS As used throughout these regulations, the terms contained within Massachusetts General Laws chapters 138 and 140 will have the meaning as defined by statute. In addition and to the extent not inconsistent with the General Laws of the Commonwealth, specifically chapters 138 and 140, the following terms shall have the following meanings: ABCC-the Alcoholic Beverages Commission of the Commonwealth of Massachusetts; Abutters- persons or entities listed on the who are owners of real property which physically touch the real estate of the proposed licensed premises excluding record owners of real property located across a public way; Commission- pursuant to Chapter 5, Paragraph 3-5-1 of the North Andover Home Rule Charter, the Board of Selectmen shall act as the licensing authority of the Town and shall be referred to herein as the Licensing Commission, or Commission; Club- an entity licensed under M.G.L. c. 138, §12, that has been granted a license by the Commission and the ABCC to restrict admission to the licensed premises to its members and to guests introduced by members, and to no other persons; Common Victualler- the keeper of a restaurant or public eating house where food is prepared and served to be consumed on the premises; Licensed Premises- the area designated by the Commission upon which a license may conduct business as licensed under these Regulations; Licensee- any person or entity granted a license by the licensing authority; Licensing Agent- the Town of North Andover Town Clerk; Licensing authority the Licensing Commission, Commission or the ABCC, as appropriate; 1 Manager- a responsible person designated by the licensee vested with full authority and control of the license premises and of the conduct of all business therein who directs and controls the day to day operation of the business of the licensed premises; Retail Package Store- an establishment that offers alcoholic beverages for retail sale, not to be consumed on the premises. 2 A.B. GENERAL APPLIES TO ALL LICENSES 1. Regulatory Legislative Authority These regulations are adopted, and may be amended from time to time, by the North Andover Board of Selectmen (hereinafter referred to asthe , pursuant to the provisions of Massachusetts General Laws, c.Chapter 138, § 23 and c. 140, § 2, 177A, 183A.. The Board is designated by Chapter 5, § 3-5-1 of the North Andover Charter as the local licensing authority known as the Licensing Commission. Any and all alcoholic beverages and common victualler licenses issued by the BoardCommission shall be governed by these regulations, M.G.L. Chapters 138 and 140, Chapter 204 of the Code of Massachusetts Regulations and any other the statutes, rules and regulations of Commonwealth of Massachusetts or the Alcoholic Beverages Control Commission (hereinafter referred to as ABCC, as the same may be amended from time to time. 2. Severability The Boardregulations are severable, and if any section, paragraph or any part or provision of the application thereof is held by a court of competent jurisdiction to be invalid, or rendered invalid by an amendment to the General Laws of the Commonwealth, such invalidity will not affect any other regulation of the Board which shall remain in full force and effect. 3. Discrimination Prohibited No licensee, employee, or manager may make any rule or policy that makes any distinction, discrimination or restriction on account of race, color, creed, sex, sexual orientation, gender identification or ancestry relative to the admission or treatment of any person. 42. Filing of Application Processs The Town Clerk is the designated Licensing Agent of the Licensing Commission.Board. All license applications and required forms for all licenses issued by the Commission must be must be "completecomplete, legible, and accurate and submitted in a timely manner " to ensure proper processing be processed by the Licensing Agent. It is the sole responsibility of the applicant to fully and accurately complete all applications and forms as required. Failure to complete applications according to this section may result in sanctions up to and including denial, 3 modification, revocation or cancellation of the license. A complete application shall include the following: a) Fully complete, accurate and executed Licensing Commission and ABCC application forms, attachments and procedural requirements, plus any additional information or documentation or approvals required by the Commission, Town, or the ABCC ; b) All taxes and charges owed the Town must be paid on a current basis; and,. b)c) Board of Selectmen (hereinafter the "Board"). An application shall be considered "complete", and therefore accepted for processing, when it has been filed in accord with the Town's procedural instructions and all forms required have been fully completed and executed. All Ffiling fees charged by the Commission and the ABCC must be paid in full at the time of filing the application with the Licensing Agent. Once an application has been accepted by the Licensing Agent, filing fees are non-refundable. Aupon approval of the license and no license shall issue until all license fee are paid. License fees shall not be prorated and are not refundable and, 5. Record of Licensed Premises and Licenses Issued A A record of all liquor licenses issued by the Licensing CommissionLicensing Commissioners, both as to premises and owner, shall be maintained in by the Licensing Agent. The record the office of the Town Clerk. Said file shall contain all applications, correspondence, decisions regarding the licensed premises, and other written information. TThe record he file of each owner and premises shashall be reviewed annually at the time of license renewal. 63. Reapplications No application by the same applicant for the same type of license to be exercised on the same premises may be filed within one year of the date of his/her last application. The Commission cannot receive more than two applications for the same premises in the same license year. This provision does not apply to One Day Special Licenses. An application that has been denied,Once denied, applications may not be resubmitted for twelve (12) months unless at a 4 meeting of the Licensing Commission a Board member, who previously voted against the license application, moves to allow the resubmission and such motion prevails. 74. Compliance with All Laws and Regulations Licensees shall maintain their premises and operations in compliance with all applicable state and local building, fire safety and sanitary codes, laws and regulations. All taxes and charges owed the Town must be paid in a timely manner. Failure to comply with any of these laws and regulations shall be sufficient cause for revocation, suspension, or modification of license. 85. Corporate and Trade Names No licensee shall conduct business or assume obligations for a licensed premises under any corporate or trade name other than that under which ithe/she is licensed. Any change in corporate name or status or any change in trade name (DBA) shall require the prior approval of the CommissionBoard. 96. Cessation of Operations Any licensee intending to close a place of business, whether on a temporary or permanent basis, must notify the CommissionBoard in writing before such closing stating the reason and length of such closing. Failure to provide such notice may result in the revocation of the license. 107. Bankruptcy and Court Proceedings The licensee shall immediately notify the CommissionBoard, in writing, of any proceedings brought by or against the licensee under the bankruptcy laws or of any other court or administrative proceedings which may affect the status of the license. 118. Corporate Transactions The licensee shall not change managers, change corporate officers, sell or transfer corporate stock, pledge corporate stock or liquor license as security, or accept a loan or credit from another licensee, without first obtaining the approval of the CommissionBoard. No person may have a 5 direct or indirect beneficial interest in a license without first obtaining the approval of the CommissionBoard. 129. Foreclosure on Loans Assignment of stock in incorporated licensed establishmentsplaces for the purpose of safeguarding the assignee on loans or other legal matters, etc., gives no right to such assignee to conduct the business of the licensee; therefore, licensees must notify the CommissionBoard immediately when the assignee forecloses under such assignment of stock. 130. Manager and Alternate Managers No corporation shall be approved for a license unless the corporation, by vote of its Board of Directors, has appointed a Manager who is a United States citizen and who has been vested with full authority and control of the premises and the business to be licensed. A corporation may appoint up to two Alternate Managers to be in charge in the absence of the Manager; however, the Manager must be on the premises at least fifty (50) percent of the time the premises are open. At no time shall the premises be open without a duly appointed and approved Manager or Alternate Manager in charge. The Manager shall have total responsibility for the proper operation of the licensed premises, whether present or not. All managers and alternate managers must submit fingerprints in accordance with the Town of North Andover Bylaws, Article 6, Chapter 103. No appointment of a Manager or Alternate Manager shall be effective unless and until approved by the BoardCommission. a. 11a. Manager's Responsibilities The Manager shall at all times maintain order and decorum in the premises and in the immediately surrounding area of the premises and shall cooperate in all ways with Town Officials in ensuring safe and orderly facilities. There shall be no disorder, indecency, prostitution, lewdness or illegal gambling on the licensed premises. b. b. Change of Manager By the close of the next business day following the termination of employment of the Manager, for any reason, the licensee must file with notify the Town Clerk, in writing, of the name of the 6 person who will discharge the duties of Manager pending selection and approval of a new Manager. If, at any time, there is a change in the Manager of Record for the licensed premises, an application for change of Manager must be filed no later than thirty (30) days after the effective date of the change. The CommissionBoard may impose a penalty for failure to file a timely application for change of Manager, which may include a penalty of suspension that may be up to one day of suspension for each day of noncompliance, unless the CommissionBoard finds that there were circumstances which excused the non-compliance. 1241. Employee Consumption Prohibited No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty or after the official closing hour. 1352. Service Prohibited To Certain Individuals No alcoholic beverages shall be sold to anyone under twenty-one (21) years of age. 1463. Identification Cards Only an original motor vehicle driver's license with photograph, a Massachusetts Liquor Purchase Identification Card, a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued active duty Military Identification Car, shall be accepted as proof of age. 154. Discrimination Prohibited No licensee shall make any distinction, discrimination or restriction on account of race, color, creed, sex, sexual orientation, or ancestry relative to the admission or treatment of any person. 16517. Employee List to Be Maintained An up-to-date list of all employees shall be available on the premises at all times for review by authorized agents of the BoardCommission. 1786. Employee Training 7 Aa. Any licensee holding an All Alcohol, including seasonal, or Beer and Wine license shall participate in a program designed to train employees, who engage in either package sales or pouring, in methods of observation and detection to avoid selling or serving to intoxicated persons and/or minors that is appropriate to the type of license issued. Bb. No program shall be deemed to meet the requirements of this policy unless it is recognized by the Liquor Joint Underwriters Association or approved by the Licensing Commissioners. Cc. All licensee personnel shall be required to participate in a training program based upon the type of license issued, as determined by the Licensing Commissioners. New employees of any licensee will have 45 days from the date of employment to become certified. All new licensees shall either provide proof of certified training prior to the issuance of the alcoholic license or within 90 days of issuance of the alcoholic license. Dd. A written description of such program, along with a written policy outlining the employees' responsibilities and the disciplinary measures which will be taken against any employee for violating said policy, shall be filed with the BoardCommission and be maintained on the premises at all times. A signed certification of each employee, indicating that the employee has received the described training and has reviewed and understands the written policy describing his or her responsibilities and the disciplinary action which will be taken for violations, shall be maintained on the premises at all times. Copies of all such documents and certifications shall be available to the licensing authority, or any authorized agent thereof, upon demand. 1897. Suspension. Revocation., or Modification of Licenses All licenses are subject to suspension, revocation or modification for breach of any conditions, regulations or laws of the Town of North Andover or the Commonwealth of Massachusetts. The BoardCommission of Selectmen reserves the right to change or add to any license conditions or any regulations after notice to the licensee and a hearing thereon. 20198. Display of Licenses and Permits 8 AAll licenses and permits issued by the TownCommission shall be prominently displayed within the licensed premises at all times in a conspicuous location, readily visible to the public. displayed on the premises in a conspicuous place where the public has access and may read. 202119. Hours of Operation The hours of operation shall be restricted to those set by the BoardCommission and as required by M.G.L. c. 138. No patrons shall be on the premises before the official opening hours nor after the official closing hours. 2120. Employees on Premises After Closing Hours Owners and employees must be off the premises no later than sixty (60) minutes after the "Official Closing Hour", provided however, that such owners and employees may be on the premises at any time for the purpose of cleaning, making emergency repairs, providing security for such premises, or preparing food for the next day's business or opening or closing the business in an orderly manner. If it is necessary to have workmen other than employees on the premises after hours, or if it is necessary for the owners or employees to be on the premises beyond sixty (60) minutes after closing hour, the Manager or Alternate Manager must contact the North Andover Police Department and state the reason and names of the people on the premises as well as the hours they will be on the premises. Failure to provide such notice shall be cause for action against the license. 2231. Access to Premises By Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, be it by posting security personnela doorman or otherwise, to allow Police and authorized agents of the BoardCommission, immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 2342. Inspection of Premises The licensed premises shall be subject to inspection by the Police Department, Fire Department, Building Inspector, the the BoardCommission and its /or any duly authorized agentss of the 9 Board. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 2453. Premises' Description No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not specified on the license, such as a patio or sidewalk. No physical changes to the premises shall be made without the prior approval of the BoardCommission and approved by the ABCC and no alcoholic beverages may be sold or stored in said area prior to the issuance of an amended license that shows the modifications or additions to the licensed premises. 2564. Prohibited Activities No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic or non-alcoholic beverage for them or any other person. There shall be no disorder, indecency, prostitution, lewdness, drug offenses, illegal gambling, or other illegalities permitted in the licensed premises or any premises connected therewith by an interiorim corridor, hallway, or other access or egress. 267.5. Posting of Suspension Notice Whenever the BoardCommission suspends the license or licenses of any licensee, the BoardCommission shall provide the licensee with a sign containing the words "Closed by order of Licensing BoardCommission for the Town of North Andover," which sign shall be attached on the inside but visible from the outside of the licensed premises in a conspicuous place during the entire period of such suspension. 2786. Refuse Removal No licensee shall allow refuse generated at the premises to be collected by any contractor between the hours of 11:00 P.M. and 7:00 A.M. On Sundays and legal holidays no such collection shall be allowed prior to 10:00 A.M. or after 10:00 P.M. Refuse shall be removed a minimum of twice each week, and more often if necessary, to prevent any nuisance conditions. All refuse shall be stored in a dumpster or in such other manner as approved by the North 10 Andover Health Department, and shall be maintained in accordance with the regulations and conditions of the North Andover Health Department. 297. Insurance The licensee must at all times maintain the requisite insurance as required by M.G.L. ch. 138, §12. The applicant must annually provide proof of insurance to the CommissionLicense Commission. 28. One-Day Liquor Licenses (a) A One Day Liquor License shall be required for all events held outside of a private residence that offer the sale of alcoholic beverages in accordance with M.G.L. ch. 138, §14. (b) For events that require a One Day Liquor License, all alcohol must be purchased from a licensed Massachusetts wholesaler, in compliance with M.G.L. ch. 138, §14 or a caterer licensed under M.G.L. ch. 138, § through the State Alcoholic Beverages Control Commission. (c) One Day Liquor Licenses may only be issued to a natural person or a natural person in conjunction with a business, organization or charity. The person named on the One Day Liquor License must sign the application for the license and is responsible for management of the license and shall be on the premises for the entire event. (d) A person or entity may only be issued a maximum of thirty (30) Special Licenses in any calendar year. (e) All events that require a One Day Liquor Licenseactivities at which liquor is dispensed and which are held at locations not possessing a liquor license, will require a police officer in attendance except weddings and church functions during the daytime. (f) All events that require a One Day Liquor License and also require a activities at which liquor is dispensed and have a one-day gambling license and/or raffle and bazaar permit (i.e., Las Vegas Night, etc.) will require a police officer in attendance. (g) No alcohol may be stored on any unlicensed premises. For events covered under a One Day Liquor License, alcohol must be delivered the day of the event and removed from the premises after the event and at the expiration of the One Day Liquor License License. 11 (h) The licensee shall post the One Day Liquor License in a conspicuous location during the event. (i) Applications for a One Day Liquor License can be obtained from the or may be found on the and must include the appropriate fee ($100.00 for All Alcohol/$75.00 for Wine and Malt). (j) Applications for a One Day Liquor License must be submitted to the T later than thirty (30) days prior to the event. (k) In cases where requests for One Day Liquor Licenses cannot be met in a timely manner as part of the normal meeting schedule of the Board of Selectmen, the Chairman of the Licensing Commission shall have the authority to approve said licenses. 29. Sunday and Holiday Package Store Openings Sunday and Holiday Package Store Openings shall be allowed, subject to the following conditions: 2. Conditions. a. No sales of liquor shall take place prior to 120:00 noon a.m.. b. Stores may not open on Memorial Day, Thanksgiving Day or on Christmas Day. c. Stores must close not later than 11:00 p.m. (11:30 p.m. if the following day is a Monday Holiday). The local authority may require an earlier closing. d. Establishments which employ more than 7 persons shall pay all employees at a rate of not less than one and one half times the employee's regular rate. e. No employee shall be required to work on a Sunday, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours, or any other penalty. 3030. Application Process Process;and Fees 1. 1.a. Applicant must file a completed and signed Town of North Andover General License aApplication and an ABCC application shall be submitted to with the Licensing Commissioners Commission through the Licensing Agent located at the at 12 the Selectmen's Office (Town Clerk's Office), Town Hall, 120 Main Street, Town Hall. North Andover. The General License ApplicationApplication may be obtained from the The ABCC application can be found online at www.mass.gov/abcc. Click on forms and applications and complete the appropriate application. , 1. b. Applications are not complete unless all required documents are attached. A checklist of required documents is provided with the ABCC application. 2. c. Fees: 1. Applicant must include the filing fee of $200.00 made payable to the Alcoholic Beverage Control Commission and $100 made payable to the Town of North Andover shall be submitted with the application. Payment may be made by certified check or money order. shall consist of the following: a. Five (5) page application form. b. Form 983 or 983A - if transfer of license c. or money order made payable to Alcoholic Beverage Control Commission (Filing Fee), and $100 filing fee made payable to the Town of North Andover. d. Articles of Organization (if a Corporation) as filed with the Massachusetts Office of the Secretary of the Commonwealth (must contain the seal of the Secretary of the Commonwealth). e. If the applicant is a partnership, a copy of the partnership must be included. f. If a corporation, vote of the Board of Directors of the Corporation appointing a Manager. All Managers must be United States Citizens and must be at least 21 years of age. g. ABCC Form A. If a corporation, the manager must complete the form. If a partnership, each partner must complete the form. If an individual, the individual must complete the form. h. Plan Requirements: Eight (8) copies of a floor plan, drawn to scale showing proposed kitchen equipment, tables, seating, and location of storage for alcohol, if applicable. Eight (8) copies of site plan with layout of parking. Package stores must show the general layout of the store and location of cash registers. 13 3. iThe .2. All applications must also include an the appropriate License Fee by (Ccertified check or money order payable to the Town of North Andover except that one day license fees may be paid by cash or personal check: $3,000- Restaurant - All Alcoholic Beverages $2,000 - Restaurant - Wine & Malt $2,200 - Innholder - All Alcoholic Beverages $2,000 - Club - All Alcoholic Beverages $2,000 - Package Stores - All Alcoholic Beverages $1,500 - Package Stores - Wine & Malt $100 One Day All Alcoholic $75 One Day Wine and Malt j. Renewal applications shall include a Certificate of Occupancy from the building inspector for all license holders and a Certificate of Inspection from the Fire Chief for all on-premises license holders with entertainment licenses. l. License renewals are subject to review by the Board annually in the month of November. 4. d2. Within ten (10) days of receipt of a complete application, the Commission, through its licensing agent shall publish notice, at the expense of the applicant. The notice shall set forth the name of the applicant, the kind of license applied for, a description of the location, and area where the license is intended to be exercised, including the street and number. After such publication the date and newspaper of the publication shall be noted on the application. The Commission shall hold a A public hearing to review each application. shall be scheduled before the North Andover Licensing Commissioners and must be advertised in the local newspaper.The applicant shall be responsible for publication of the notice of public hearing by paying the local newspaper, tThe Lawrence Eagle Tribune, for the cost of publication. The Within ten (10) days of the receipt of the application, the Board will place a notice in the local newspaper, The North Andover Citizen or the Eagle Tribune. The bill for this ad is the responsibility of the applicant. The Citizen is a weekly newspaper, which is published on 14 Friday. The Eagle Tribune is a daily paper. The bill for this ad must be paid to the Citizen or the Eagle Tribune prior to advertising the legal notice. It is also the applicant shall 's responsibility to mail a certified copy of notice of the application and hearing to all abutters within three (3) days of the publication of the legal notice of the public hearing. ad appearing. An abutters list of each of the recent valuation list as the owners of the property abutting on the premises where the license is intended to be exercised shall be obtained. may be obtained through the Assessor's Office. An affidavit of the person making such publication on behalf of the Commission, Aan attested copy of the notice published, andad and certified receipts of shallmailing shall be filed with the Licensing CommissionersCommission at or before the public hearing. The public hearing shall be held not sooner than ten (10) days after publication according to Massachusetts General Laws, Chapter 138, §Section 15A. aa.1. For purposes of liquor license applications, an abutter is a person whose property directly touches the proposed premises - not someone across the street. bb.2. Churches, synagogues, hospitals and public or private elementary or secondary Schools located within five hundred (500) feet of the premises of a liquor serving establishment must be notified by registered or certified mail. 35.e. The applicant shall contact the Board of Health, Building Inspector, Fire Chief, Police requirements. A recommendation from these departments is required for issuance of a license. The Applicant shall also meet with the Technical Review Committee (TRC) prior to submission of an application and shall include the report of the TRC with the application. 46.f. The applicant must be present or have representation present at the public hearing. 5e. If approved, the application shall be forwarded to the Alcoholic Beverages Control Commission for approval prior to the issuance of the license. 15 67.g. Approval of an application by the Local BoardCommission is only the first step in the approval process. If approved, the application shall be forwarded to the ABCC for approval.The second step is approval by the Commonwealth of Massachusetts ABCC. If tThe ABCC must approve the application before the he ABCC approves, the final step is issuance of the license may be issued by the Local BoardCommission. The applicant may not operate under the license Uuntil and unless the a license is issued. If the application is for a transfer of a license, the , the new owner may not take part in the operation of the premises and thlicense holder remains responsible for the operation of the licensed premises until the new license issued.e old owner, if any, is still liable for the operation of the premises. After the initial local approval the application goes to the ABCC. The ABCC sends it to the Department of Revenue (DOR). If DOR determines one or more parties owe taxes they will notify the ABCC and the seller. The ABCC will also notify the buyer. The ABCC will not approve the license until DOR signs off. It is up to the parties, not the ABCC, to resolve tax questions. The ABCC will also have an investigator visit or telephone the applicant to ask certain information about the people involved and the financing. It is important that the parties respond promptly to investigators' inquiries.Therefore, applicants should know that there is a possibility that a license may not be issued. Operation without a license may can be considered in determining evidence of thatan applicant's unfitness for a license. Discipline for operating without a license prior to a transfer or new license issuing may result in It can also lead to revocation ofthe suspension or revocation of the existing license and possible civil and criminal liability for both the licensee and the applicant.a buyer and seller. 31. Scheduling of Public Hearings The Police Chief shall notify in writing the Town Manager of possible violations of these regulations or applicable state laws including, but not limited to: a. Operating Under the Influence of Liquor Arrests when an investigation indicates that the alcohol was consumed at a licensed establishment. b. Minors being served or sold alcoholic beverages. 16 c. Disturbances or disorderly conduct reports on the licensed premises or adjacent properties and/or parking lots. d. Protective custody incidents taking place in or adjacent the premises. The investigation of these types of incidents shall address situations where the licensed establishment management acted properly by stopping a potentially hazardous driver from leaving the property. e. Non-adherence to the requirements of Section 17 Upon receipt of a report of possible violation from the Police Chief, the Town Manager shall convene a meeting of the Chair of the Licensing Board, the Chair of the Board of Selectmen and the Town Manager at which time a determination will be made to schedule a public hearing on the alleged violation. The Licensing Commission shall not await the outcome of any separate court proceedings to schedule a hearing. Hearings shall be held in accordance with the provisions of applicable law. 31., Renewals All license holders Renewal applications shall include a Certificate of Occupancy from the Building Inspector with the renewal application.for all license holders. For all on premise license holders that also have entertainment licenses, a Certificate of Inspection from the Fire Department must be included with the renewal application. License renewals are subject to review by the BoardCommission annually in November. 32. Violations 1. Any time the Police are called to a licensed premises, Tthe Licensee shall notify in writing the Licensing Agent of the incident including the name and address of the individual involved, the date and time of the incident, the name of the manager, the reason for the police call, the resolution of the call and whether the Licensee placed the call. The Licensee shall provide notice within twenty four (24) hours of the incident. The Police Police Chief shallshall also notify in writing the Licensing Agent and the Town Manager of any alleged possible violations of these regulations or applicable state laws, such as the following including, but not limited to: 17 a. Operating Under the Influence of AlcoholLiquor Aarrests when an investigation indicates that the alcohol was consumed at a licensed establishment. b. SMinors being serviceed or sold or sale of alcoholic beverages to a person under the age of twenty-one (21). c. Disturbances or disorderly conduct related to reports on the the licensed premises, or adjacent properties and/or parking lots. d. Protective custody incidents taking place in or adjacent to licensed the premises. The report may note whether the licensee investigation of these types of incidents shall address sattempted to prevent intoxicated individuals from ituations where the licensed establishment management acted properly by stopping a potentially hazardous driver from leaving the propertydriving or creating a risk of harm to themselves or others. e. Failure to properly train employees as required by Section 16 Non-adherence to entitled 2. The Commission shall undertake an investigation of the incident and determine if a public hearing should be held to consider whether a Upon receipt of a report of possible violation from the Police Chief, the Town Manager shall convene a meeting of the Chair of the Licensing Board, the Chair of the Board of Selectmen and the Town Manager at which time a determination will be made to schedule a public hearing on the alleged violation. violation has occurred and the disciplinary action to be taken. The disciplinary process under the Commission, without regard to any separate criminal or civil court proceedings. The Licensing Commission shall not await the outcome of any separate court proceedings to schedule a hearing. Hearings shall be held in accordance with the provisions of applicable law. TWhen, after a hearing, he it is determined by the Board that a violation of the liquor law has occurred or a licensee has failed to comply with the conditions of the license, these policies and/or any applicable codes or regulations, the BoardCommission mayshall consider the following factors when determining the appropriate discipline:the 18 appropriate disciplinary action. In determining the appropriate disciplinary action to be taken, the Board shall consider the following: a. number of prior offenses, including ABCC adjudicated violations b. b. degree of inspection, etc. exhibited by Licenseecooperation of the establishment owner, proprietor or operator with the Town Clerk, Police Department, inspectors and other town officials in the conduct of its business c. severity and type of offense d. the extent to which Licensee has established procedures to guard against violationsinfractions and efforts to identify purchaser, if any, provided that acceptance of a non-permissible form of identification shall not be a mitigating factor e. physical appearance of purchaser in cases of illegal sales f. quality of evidence the particular merits of the case presented at the hearing inclusive of such factors as intent, culpability of the parties, and such other factors as the Board Commission may deem relevant. A g. general reputation of Licensee 3. 4. Licensee may be subject to the following discipline: Penalties for violations of these regulations shall be imposed in accordance with the following guidelines, to be imposed after notice to the Licensee and hearing before the Board. 3. First Offense: Written warning or 1 to 5 day suspension, at the discretion of the BoardCommission. Second Offense: (Within 60 months of first offense) 5 to 15 day suspension; revocation or modifications may also be imposed. 19 Third & Subsequent Offenses: (Within 60 months of second offense) 15 to 30 day suspension; revocation or modifications may also be imposed. The Commission may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or severe than that suggested by the guidelines. 5.4. The Commission may set the day and time that the suspension shall be served, if the Commission does not set the day, the Licensee shall serve suspensions shall be served on consecutive business days beginning on the third Thursday following the imposition of penalties. by the Board. B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES 1. Food Service Required Licenses under M.G.L. c.Chapter 138, Section§ 12, otherwise known as restaurant liquor licenses, may be issued only to duly licensed common victuallers and innholders who have adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons, as required by M.G.L., Cchapter. 140 and for the hours of sale specified in Section B.( 5). below. The regulations in this Section shall also apply to clubs, to the extent that they may be applicable. 2. No advertising matter, screen, curtain, or other obstruction which, in the opinion of the BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or on any window or door thereof after the BoardCommission has ordered the removal of such obstruction. No booths, stalls or enclosures of any description are permitted which prevent the persons therein from being plainly observed by other persons on the premises. 20 3. Interior Lighting, Clear Exits and Lighted Exit Signs, Clear and Unobstructed Interior At all times when people are present within or upon the licensed premises, the interior of the licensed premises shall be safely and sufficiently illuminated and all exits will at all times remain clear and unobstructed and be in proper working order providing for immediate emergency egress. All exits will be properly designated by lighted exit signs in proper working order and in proper locations at all times. All aisles, interior and exterior stairways, fire escapes, means of egress, hallways, corridors and vestibules shall remain clear and unobstructed at all times. licensees shall keep their licensed premises adequately and properly lighted at all times in a manner satisfactory to the Board. The interior of the premises shall be well lighted at all times with such lighting not to be less than one (1) foot candle (measured 30 inches from the floor) except those portions of the room under furniture. 4. Hours of Operation The hours during which such licensees may sell alcoholic beverages shall be those set forth in the license, and if not set forth in the license, the hours shall be those generally fixed by vote of the BoardCommission, subject to the General Laws of the Commonwealth. Last call shall be at least one-half hour prior to the licensee's closing hour and all patrons must be off the premises by the closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be sold or served prior to 8:00 A.M. on Monday through Saturday and 120:00 PA.M. on Sundays. 5. Hours of Sales Restricted The hours for the sale and service of alcoholic beverages shall be further restricted to the hours during which food service is available. No alcoholic beverages shall be sold unless food service is available, except during the last hour before the official closing time. 6. Service Limited To Approved Areas The service and consumption of alcoholic beverages shall be limited to those areas of the premises approved by the BoardCommission. No alcoholic beverages shall be served or consumed in any areas of the premises which have been excluded from the approved description of the premises (i.e., patios or outdoor areas). 21 7. Service Limited To Food Service Areas Food service shall be available in all areas and seats where alcoholic beverages are served except in an approved waiting area. In such areas alcoholic beverages may be served to individuals who have given their name to the maitre d' and are waiting to be seated for dining. The Manager shall take appropriate measures to ensure that no one is served in the waiting area whose intention it is not to dine. No more than two (2) standard sized drinks shall be served to any person in a waiting area without the service of food. 8. Consumption On Premises All alcoholic beverages shall be served in open containers and no such beverages shall be allowed to be removed from the premises except as may be permitted by M.G.L. Cc.hapter 138, §12 or other applicable law. No patron shall be allowed to bring alcoholic beverages on the premises for the purpose of consumption on the premises. 9. Serving Containers No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the capacity of which is in excess of sixteen (16) fluid ounces. 10. Charge For Alcoholic Beverages No alcoholic beverages shall be sold for a fee less than the actual cost of the beverage to the licensee. An admission charge shall not be credited towards the purchase price of any alcoholic beverage. The price charged for alcoholic beverages shall not be discounted for any particular hour(s) of the day or day(s) of the week. No minimum charge shall be made for alcoholic beverages. 11. Service of Alcoholic Beverages Limited No more than one (1) alcoholic beverage drink shall be served to a patron at one time. No patron th shall be served a fourth (4) alcoholic beverage drink without the prior approval of the Manager. 12. Changes To Premises Or Operation 22 Any proposed change in the physical description and appearance or character of the licensed premises, including renovation work, number and location of seats and tables, or other such changes, requires prior approval of the BoardCommission and the ABCC. 13. Permits For Changes To Premises The Building CommissionerInspector shall, upon receipt of any permit application for work at a licensed premises, immediately forward a copy of such application to the Town Manager. If the Town Manager determines that such work requires prior approval of the BoardCommission,. Hhe/she shall so notify the Building CommissionerInspector and licensee within ten (10) days of receipt of the copy of the application by the Town Manager and no permit shall be issued until the BoardCommission and the ABCC have approved the proposed work. 14. Entertainment No forms of entertainment, including but not limited to radio, television, recorded or live music, or dancing, shall be allowed without first obtaining an entertainment license from the BoardCommission. 15. Annual Financial Report Upon request of the BoardCommission, all licensees shall furnish an annual financial report from a certified public accountant indicating the gross sales for food and gross sales for alcoholic beverages for the preceding calendar year. Section C. APPLIES TO RETAIL PACKAGE STORE LICENSES 1. Hours of Sales stated by the terms of its license may sell alcohol between eight a.m. (8:00) and eleven p.m. (11:00), except: a. On days immediately preceding a legal holiday, alcohol may be sold until eleven thirty p.m. (11:30), 23 b. On Sundays, no alcohol shall be sold prior to 10:00 a.m.. Package stores employing more than seven employees, shall pay all employees working on a Sunday at a rate of not less than one and one half times the employee's regular rate. No employee shall be required to work on a Sunday, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, reduction of hours, or any other penalty; c. On Memorial Day, no alcohol shall be sold prior to 12:00 p.m. (noon), d. On Thanksgiving and Christmas, no alcohol shall be sold. e. The Commission may require an earlier closing by regulation or under the terms of an individual license. No sale or delivery of alcoholic beverages shall be made except during the legal hours of sale. 2. Consumption On Premises Prohibited No alcoholic beverages shall be sold to be drunk on the premises. However, this section shall not prohibit a licensee from offering free tastings as permitted by law or by regulation of the ABCC. 3. Premises' Description No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not specified in the license. 4. No advertising matter, screen, curtain, or other obstruction which, in the opinion of the BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or on any window or door thereof after the BoardCommission has ordered the removal of such obstruction. No booths, stalls or enclosures of any description are permitted which prevent the persons therein from being plainly observed by other persons on the premises. 4. Convenience Stores Any grocery and/or convenience store, which is the holder of a package goods store license and which is open on a Sunday, must during any time that the store is open when alcoholic beverage 24 sales are not permitted, by means of a drop curtain, a wire mesh divider, or a gate at least five (5) feet in height, close off from the rest of the premises that section in which the alcoholic beverages are displayed. No patrons shall be permitted to enter that area of the premises containing such beverages. 5. Posting of Prices All prices that can be seen by customers in the licensee's store, whether on shelves, in circular form or otherwise, must correspond with the current posted price list. 6. Deliveries Off Premises A written record shall be maintained listing the name and address of every person to whom a delivery of alcoholic beverages is made outside of the premises. Such record shall include the amount of alcoholic beverages that were delivered, the date and time of delivery and the signature of the person receiving the delivery. Such records shall be maintained for a period of not less than one year and must be available for inspection by the BoardCommission and its agents at all times. Section D. APPLIES TO CLUB LICENSES 1. List of Officers and Members st Annually tThe licensee shall submit to the boardCommission no later than March 31 of each year within three months after January first directors or officers, members, and employees, as of January first. The salaries of all employees serving or handling alcoholic beverages shall be included. Such list shall be maintained current during the year and be available for inspection on the premises at all times. 2. Guest Register Book A guest register book shall be maintained which indicates the name of the guest and the member accompanying the guest. No guest shall be allowed to enter the premises unless he/she is invited 25 and accompanied by a member and signs the guest register. Such guest register shall be available for inspection at all times. 3. Only Members and Guests To Be Served Only members and their properly registered guests over the age of twenty-one (21) shall be served alcoholic beverages. 4. Hours of Sales The official closing hour, which shall be set by the BoardCommission, shall be no later than 2:00 a.m. on Friday and Saturday nights and 12:00 A.M. on all other nights. Last call shall be at least one-half hour prior to the licensee's closing hour and all members and guests must be off the premises by the closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be sold or served prior to 8:00 a.m. on Monday through Saturday, 120:00 pa.m. on Sundays, or after and out BoardCommission approval. For special occasions or events, the boardCommission may, after application by the licensee, extend the official closing hour. 5. Service Limited To Approved Areas The service and consumption of alcoholic beverages shall be limited to those areas of the premises approved by the BoardCommission. No alcoholic beverages shall be served or consumed in any areas of the premises which have been excluded from the approved description of the premises (i.e., patios or outdoor areas). 6. Clear View of Premises' Interior No advertising matter, screen, curtain or other obstruction, which, in the opinion of the BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or on any window or door thereof after the BoardCommission has ordered the removal of such obstruction. No booths, stalls or enclosures of any description are permitted which prevent the persons therein from being plainly observed by other persons on the premises. 26 7. Interior Lighting The interior of the premises shall be well lighted at all times with such lighting not to be less than one (1) foot candle (measured 30 inches from the floor) except those portions of the room under furniture All licensees shall keep their licensed premises adequately and properly lighted at all times in a manner satisfactory to the BoardCommission. 8. Consumption on Premises All alcoholic beverages shall be served in open containers and no such beverages shall be allowed to be removed from the premises. No patron shall be allowed to bring alcoholic beverages on the premises for the purpose of consumption on the premises. 9. Serving Containers No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the capacity of which is in excess of sixteen (16) fluid ounces. 10. Service of Alcoholic Beverages Limited No more than one (1) alcoholic beverage drink shall be served to a member or guest at one time. th No member or guest shall be served a fourth (4) alcoholic beverage drink without the prior approval of the Manager. 11. Changes To Premises Any proposed change in the physical description and appearance or character of the licensed premises, including renovation work, number and location of seats and tables, or other such changes, requires prior approval of the BoardCommission and the ABCC. 12. Permits For Changes To Premises The Building Commissioner shall, upon receipt of any permit application for work at a licensed premises, immediately forward a copy of such application to the Town Manager. If the Town Manager determines that such work requires prior approval of the BoardCommission, he/she shall so notify the Building Inspector and licensee within ten (10) days of receipt of the copy of 27 the application. by the Building Inspector and nNo permit for work at a licensed premises shall be issued until the BoardCommission and ABCC has approved the proposed work. 13. Annual Financial Report Upon request of the BoardCommission, all licensees shall furnish an annual financial report from a certified public accountant indicating the gross sales for food and gross sales for alcoholic beverages for the preceding calendar year. E. Special One Day Licenses 1. One Day License Required A Special One Day License shall be required for all indoor or outdoor events or enterprises that sell alcohol except those held in a private residence. M.G.L. c. 138, §14. A One Day License may be issued for up to 30 thirty days. It is recommended that an applicant apply for a One Day License for three or four days to allow for proper delivery, storage and disposal of all alcoholic beverages purchased. 2. Purchase Requirements All alcohol offered for sale under a One Day License must be purchased from a licensed Massachusetts wholesaler, or a caterer licensed under M.G.L. c. 138, §12C. A list of wholesalers is available the ABCCsite. 3. Applicant Requirements A One Day License may only be issued to a natural person, a natural person may be a manager of a business, organization or non-profit organization. The person requesting to be named on the One Day License must sign the application for the license and is responsible for management of the license and shall be on the premises for the entire event. A One Day license shall not be granted to a person that has an on premises application pending before the Commission or for any premises that has an alcoholic beverage license. An all alcohol One Day License is only available to non-profit entities. A wine and malt beverage One Day License is available to any enterprise. 4. Maximum Number Per Applicant 28 A One Day License will not be issued to a person for more than thirty days or more than thirty days in aggregate per calendar year. 5. Police Details A police detail is required for all One Day License events, except for weddings and church functions held during the day. If the event also requires a one-day gambling license and/or raffle and bazaar permit, such as Las Vegas event a police detail is required. 6. Alcohol Storage Prohibited No alcohol may be stored on any unlicensed premises. Alcohol shall not be delivered to the premises until the One Day License is operative and shall be removed from the premises after the event and at the expiration of the One Day License. 7. License Posted The licensee shall post the One Day License in a conspicuous location during the event. 8. Application Process a) Applications for a One Day License are available at website. b) later than thirty (30) days prior to the event and must include the appropriate fee of $100.00 for All Alcohol or $75.00 for Wine and Malt. c) When an application for a One Day License has not been submitted in a timely manner and the Board of Selectmen/Licensing Commissionnormal meeting schedule does not accommodate the timing for an applicant, the Chairman of the Licensing Commission shall have the authority to approve said license. Section FE. APPLIES TO DRUGGIST LICENSES 1. Not for Beverages Purposes No alcohol shall be sold for beverage purposes. 2. Recording Sales 29 All sales of alcohol shall be recorded in the same book and in the same manner required for the sale of alcoholic beverages with the signature and address of the purchaser, and the hours of sale shall be the same as the hours for the sale of alcoholic beverages not to be consumed on the premises. No sales shall be made on Sundays or legal holidays without a prescription. 30 Town of North Andover Fiscal 2017 Legal Summary Law FirmDescriptionAccountJulyAugSeptOctNovDecJanFebMarAprMayJuneTotal Urbelis, et. al.General Legal ServicesGF, Gen. Gov't.Legal$94.40$405.00$180.00$679.40 Community PreservationCPA Account*$324.00$882.00$252.00$252.00$108.00$1,818.00 Other Land UseGF, Gen. Gov't.Legal$1,476.00$1,206.00$2,682.00 Planning BoardGF, Gen. Gov't.Legal$1,629.00$2,043.00$3,672.00 ProcurementGF, Gen. Gov't.Legal$1,427.00$144.00$1,571.00 Public SafetyGF, Gen. Gov't.Legal$0.00 Town Meeting/ElectionsGF, Gen. Gov't.Legal$0.00 Water/Sewer EnterpriseGF, Gen. Gov't.Legal$0.00 Zoning Board$144.00$45.00$189.00 Document Request Historic District Commission Total Urbelis$5,094.40$4,581.00$576.00$252.00$108.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$10,611.40 Collins, et. al.General Legal ServicesGF, Gen. Gov't.Legal$0.00 Negotiations - FireGF, Gen. Gov't.Legal$0.00 Negotiations - PoliceGF, Gen. Gov't.Legal$0.00 Negotiations - OtherGF, Gen. Gov't.Legal$0.00 Discipline - FireGF, Gen. Gov't.Legal$0.00 Discipline - PoliceGF, Gen. Gov't.Legal$0.00 Discipline- DispatchGF, Gen. Gov't.Legal$0.00 Discipline - OtherGF, Gen. Gov't.Legal$0.00 Promotion Bypass - FireGF, Gen. Gov't.Legal$913.75$913.75 Promotion Bypass - PoliceGF, Gen. Gov't.Legal$0.00 Records RequestsGF, Gen. Gov't.Legal$0.00 Total Collins$0.00$0.00$0.00$0.00$913.75$0.00$0.00$0.00$0.00$0.00$0.00$0.00$913.75 KP LawGeneral Legal ServicesGF, Gen. Gov't.Legal$55.50$55.50 Solar ProjectGF, Gen. Gov't.Legal$1,224.00$900.00$198.00$210.44$2,532.44 Human Resources RelatedGF, Gen. Gov't.Legal$54.00$3,870.00$2,029.50$129.50$2,757.24$55.50$92.50$203.50$222.00$9,413.74 Safe Routes to SchoolGF, Gen. Gov't.Legal$0.00 General Labor ServicesGF, Gen. Gov't.Legal$144.00$864.00$328.50$1,336.50 Documents & postageGF, Gen. Gov't.Legal$30.20$83.25$113.45 Affordable Housing TrustGF, Gen. Gov't.Legal$0.00 Total Kopelman$144.00$1,278.00$5,664.20$2,694.75$210.44$129.50$2,757.24$55.50$92.50$203.50$222.00$0.00$13,451.63 Credit for solar project legal fees-$5,000.00 -$3,767.81 ArbitrationAmerican Arbitration AssociationTown Unions$2,450.00$275.00$18.50$2,743.50 ConsultantsCable TV ContractGF, Gen. Gov't.Legal$3,723.00$3,723.00 ConsultantsEdith M Netter & AssociatesLegal Services -ZBA Total Consultants$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$2,450.00$275.00$3,741.50$6,466.50 In House Counsel$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$44,000.00 TOTAL$5,238.40$5,859.00$6,240.20$2,946.75$2,753.94$5,629.50$8,257.24$5,555.50$5,592.50$8,153.50$5,997.00$9,241.50$71,465.03 Cost Allocations FY 17 Budget/Running Total$165,000.00$5,238.40$11,097.40$17,337.60$20,284.35$23,038.29$28,667.79$36,925.03$42,480.53$48,073.03$56,226.53$62,223.53$71,465.03$71,465.03 CPA $324.00$1,206.00$1,458.00$1,710.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00 FY17 Net$ 4,914.40 $ 9,891.40$ 15,879.60$ 18,574.35$ 21,220.29$ 26,849.79$ 35,107.03$ 40,662.53$ 46,255.03$ 54,408.53$ 60,405.53$ 69,647.03$ 69,647.03 % of Budget2.98%5.99%9.62%11.26%12.86%16.27%21.28%24.64%28.03%32.97%36.61%42.21%42.21% FY 16 Budget/Running Total$152,000.00$6,921.64$20,931.78$31,208.15$38,828.15$45,074.15$51,941.15$62,958.15$67,674.31$81,788.84$91,596.47$96,988.87$100,925.18$100,925.18 CPA $0.00$36.00$36.00$36.00$36.00$36.00$36.00$36.00$36.00$351.00$513.00$513.00 FY16 Net$ 6,921.64 $ 20,931.78$ 31,172.15$ 38,792.15$ 45,038.15$ 51,905.15$ 62,922.15$ 67,638.31$ 81,752.84$ 91,560.47$ 96,637.87$ 100,412.18$100,412.18 % of Budget4.55%13.77%20.51%25.52%29.63%34.15%41.40%44.50%53.78%60.24%63.58%66.06%66.06% North Andover Selectmen Meeting Senior Center Monthly Report FY17 FY 17 TOTALS In Center Visitors Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun. Community Education Book Club 57101414203131011810125 Computer Classes 9612138746635584 ESA Educational Lectures 131800001901464 Lecture Series 70109661089337654062679199907 News & Views 112118107101119108123871021081311171333 Meetings Held @ Center Cam Cable Meeting 121212121212121212121212144 ESA Group Leaders Meetings 3244444433338 ESA Support Group Meetings 161616161619171414144 Merrimack Valley Philarmonic 888810200010010082 NAMA 66666666666672 Women's Veteran's Group 252525252525252525252525300 OE Group 757575757575757575757575900 Friends Meeting 0000000000 Triad 781611141714410101 COA Board Meeting 128129611010775 Community Projects Cuddles 10990118965768697710576801011046 Flea Market 7878 Mr. Fix-It 572010161517109171718161 Selectmen's Breakfast 150150 Congregate Meals 2971973322523223863412892374163024673838 Fitness/Exercise General Fitness Classes 611571791551941221942752111081401191915 Zumba 6455107152143851531141741421561501495 Health Screenings Walk In Clinic 603853484329303952333542502 Foot Care 191617231918231823112322232 Massage Therapist 44546330215441 Intergenerational Nursing Students 45448866687 Thompson School Student Social 271946 Brooks School Students 0 Legal Assistance 241040011151130 Outreach / Advocacy Office Consultation 5762434422342 Recreation Art Class 1818232708812162120171 Bingo 204235187179223175234851261732451862252 Bowling 121212121212121212108 Bridge 2702982842792031662141692142182803002895 Cards 454645544837484169658470652 Chess 000000000000 Computer Lab 334541424649293022315440462 Golf 355720112 Knitting & Crocheting 1718191724167396128156 Mahjong 10101614600000101682 Quilting 457212711119116388 Scrabble 1317142018324751210125 Woodcarving 191826211130221022151616226 Shine Counseling 4923704440055 FY 17 TOTALS Outbound Services Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun. Outreach / Advocacy Brown Bag Program 453631313231383338353838426 Housing Outreach Cookouts 32281240112 Home Visits/Outreach Visits 419311938122353424309980 Meals On Wheels 1640164116401609170716751426924154513801723178518695 Socials / Trips 0 Fresh Table 103120120117302763580 Socials - In House 371153710285757271132135142351038 Men's Breakfast 2521321328162224220203 Day Trip 1820257000001465149 Supper Club 241208015100172019125 Socials - Off Site 801023026000133440154 Tax Consultant Preparation 18482086 GRAND TOTALS per Month 35493700381137793767370434152622358333684049417243519 May, 2017 Jun, 2017 Jul, 2017 Aug, 2017 Sep, 2017 Oct, 2017 Nov, 2017 Dec, 2017 Jan, 2018 Feb, 2018 Mar, 2018 Apr, 2018 May, 2018 Jun, 2018 Textile Recycling Collection - Collection - Current Fiscal Year Month (lbs) (to date) 8,576 8,576 8,050 16,626 Revenue- Revenue - Current Fiscal Year Month (to date) $ 85.76 $ 85.76 $ 80.50 $ 166.26