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HomeMy WebLinkAbout2013-11-04 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 1.20.MAIN STREET NORTH ANDOVER,MASSACHUSETTS 0 1.845 Rosemary Connelly Smedile Chainnan 978 TEL. 688-9510 William F.Gordon ( ) Donald B. Stewart FAX(978)688-9556 Richard M.Vaillancourt Tracy M.Watson BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA MONDAY,NOVEMBER 4,2013 at 7:00 PM TOWN HALL MEETING ROOM I. CALL TO ORDER II. EXECUTIVE SESSION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. October 7,2013 Open Session Minutes, as written B. October 21,2013 Open Session Minutes.as written C. October 21,2013 Strategic Planning Session Minutes,as written V. COMMUNICATIONS AND ANNOUNCEMENTS A. Veterans'Day 2013 B. New Business Recognition—Frank's Barber Shop, 148 Main Street VI. CONSENT ITEMS A. Acceptance of Donations from Joseph N.Hermann Youth Center,Inc 1. Scholarships for Youth Center Members($5,040) 2. Funding for Youth Center Part-Time Administrative Assistant($11,000) B. Winter Parking Ban C. Request to Dispose of Surplus Equipment—Public Works Department D. FYI Budget Policy Statement j VII. LICENSING COMMISSIONERS A. Bertucci's Restaurant Corporation(dba Bertucci's Brick Oven Ristorante),435 Andover Street requests a Change of Manager B. Farrell Boghos of Farnaro,LLC(dba Baked)requests a Common Victualler License at 1211 Osgood Street VIII. PUBLIC HEARING IX. OLD BUSINESS X. NEW BUSINESS XI. PUBLIC COMMENT XII. TOWN MANAGER'S REPORT XIII. NEXT MEETING DATE November 18,2013 XIV. ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES OCTOBER 7, 2013 CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Richard Vaillancourt, Clerk; William Gordon, Donald Stewart, Tracy Watson and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve the Executive Session Minutes of September 9, 2013, as written. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of September 9, 2013, and September 23, 2013 as written. Vote approved 5-0. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT: Update from Legislative Delegation Senator Bruce Tarr, Senator Kathleen O'Connor Ives, Representative James Lyons, and Representative Diana DiZoglio were present to provide the Board with an update to make it safer to cross Route 114, and Route 125 near Merrimack College. Senator Bruce Tarr told the Selectmen that for the project to move forward, Merrimack College and the Royal Crest apartments, located across Route 114 from the college, must join the town in supporting the project. Both the college and the apartment complex have participated in meetings with state officials. The Department of Transportation must perform a road safety audit of the area improvements which would include a clear path for pedestrians across the busy highway. This audit will likely take place in November. Senator Kathleen O'Connor Ives said she hopes an upgraded pedestrian crossing will make conditions more realistic for bicycle travel Representative Diana DiZoglio said the project goal was foremost public safety, expansion of the College campus and economic development of small businesses along this stretch of highway. Representative James Lyons echoed his colleagues on the progress and said it's nice to have people working together. The Board of Selectmen thanked the legislators for their efforts in making it safer to cross and walk on Route 114. CONSENT ITEMS: Ratification of Collective Bargaining Agreement between the Town and NEPBA Local (Communications Officers) for the period July 1, 2013 June 30, 2016. A Memorandum of Agreement between the Town and the NEPBA local Communications Officers has been ratified by the Union. The Board was requested to formally ratify the Agreement. Richard Vaillancourt made a MOTION, seconded by William Gordon, that the Board of Selectmen ratify the Collective Bargaining Agreement between the Town of North Andover and NEPBA local 102 (Communications Officers)for the period of July 1, 2013 through June 30, 2016. Vote approved 5-. Board of Selectmen Minutes October 7, 2013 2 Waiving of Buildinq Fees A request to waive building fees was made on behalf of the Cox family who resides at 115 Olympic Lane, North Andover. Their son Tommy Cox was involved in an accident that left him with a severe disability. The Cox family is arranging to convert a first floor sunroom into a bedroom for Tommy at their home. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen waive any and all building fees to modify the residence at 115 Olympic Lane, North Andover. Vote approved 5-0. Halloween Trick or Treat Hours The Board had a discussion relative to when Halloween Trick or Treat should be celebrated. Selectman Watson proposed to change it to Friday or Saturday evening to make it easier for working parents and not to interfere with after school sports practices. William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves the recommendation from Police Chief Paul Gallagher to designate Halloween Trick or Treat on Thursday, October 31, 2013, from 5:30—7:30 p.m. Vote approved 4-1. Tracy Watson opposed. Appointments to Suburban Coalition—Jane Cetlin Pickrelll Richard Vaillancourt made a MOTION, seconded by William Gordon, that the Board of Selectmen appoints Jane Cetlin Pickrell to the Suburban Coalition for a term ending June 30, 2016. Vote approved 5-0. James Doucette requests permission to hold the 25th Annual Cambridge Sports Union Rollerski Race on Sunday. November 3, 2013 starting at 9:30 a.m. at Drummond Pla rVground William Gordon made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the request to hold the 25th Annual Cambridge Sports Union Rollerski Race on Sunday, November 3, 2013 at 9:30 a.m. at Drummond Playground. All relevant Town Departments recommend approval. Vote approved 5-0. Ted Tripp, Patriotic Observance Committee, requests permission to conduct Veterans Day Parade and Ceremony on November 11, 2013 Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the requests of the Patriotic Observance Committee to conduct the Veterans Day Parade and Ceremony on November 11, 2013. Vote approved 5-0. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Paul Fluckiger, Silverstone Motors LLC at 2350 Turnpike Street, requests to upgrade current`Internet Only' Class II License to a regular Class II Used Care License. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen acting as the Licensing Commissioners approves a regular Class II Used Car License for Silverstone Motors LLC at 2350 Turnpike Street, North Andover. Vote approved 5-0. Board of Selectmen Minutes October 7, 2013 3 Len Caffrey, 99 Restaurant& Pub at 267 Chickering Road, requests modification of Entertainment License Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen acting as the Licensing Commissioners, hereby approve a modification of the Entertainment License for the 99 Restaurant & Pub at 267 Chickering Road, North Andover. Vote approved 5-0 Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. PUBLIC COMMENT Stan Limpert thanked the Town Manager and the Board for the support for the Kittredge School Gym project. TOWN MANAGER'S REPORT: The Town Manager briefed the Board of the GIC health insurance Open Enrollment for Town employees and retirees. A Health Fair will be held at the North Andover High School Field House on October 16, 2013. Educational Information Sessions will be televised on the local Cable Access Channel during the next two weeks. Next Meeting Date October 21, 2013 ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:00 p.m. Vote approved 5-0. Adele J. Johnson Executive Assistant Richard Vaillancourt, Clerk of the Board I I II I BOARD OF SELECTMEN MINUTES OCTOBER 21, 2013 CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Richard Vaillancourt, Clerk; William Gordon, Donald Stewart and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. Note: Selectman Tracy Watson was absent. PLEDGE OF ALLEGIANCE COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition The Board of Selectmen presented TITLE Boxing Club, 13TTurnpike Street a Certificate of Appreciation for locating their business in North Andover. The Board of Selectmen presented Pazzo Gelato Cafe; 99 Turnpike Street a Certificate of Appreciation for locating their business in North Andover. Ian Burns, Eagle Scout Service Project Ian Burns presented his Eagle Scout Service Project which is building bog bridges (pedestrian boarkwalks) on the Osgood Hill Trail. Ian;Burns,received permission and a formal enforcement order from the Conservation Commission in August.']an had fundraisers to help with supplies to build the bridges and he completed 70 feet of bog brido,es on Columbus Day weekend. Ian said that he would be willing to build additional bridges if he had additional fund's from the town of other sources. The owner of Pazzo Gelato`offered to-donate funds through his charity giving program for the month of November. Municipal Election Calendar'-for March 2014 Town Clerk Joyce Bradshaw provided an'update regarding the March 2014 municipal election. Rabbi Zalman'Borenstein of Chabad`of North Andover changing the use of the Town Common for a Chanukah'Menorah Ceremony from December 3" to December 2" from 5:30—7:00 p.m. This was previously approved at the Board's September 23rd meeting. Due to a conflict, Rabbi Borenstein is changing the date of,the Chanukah Menorah Ceremony to December 2, 2013. CONSENT ITEMS: Dog License Fees Chapter 193 of the Acts of 2012,`an Act further regulating Animal Control, has as one of its requirements that"the license fee for a spayed or neutered dog shall be less than the license fee for an intact dog." The Act also specifies that fees cannot be increased without Town Meeting approval. The Town's current dog license fee is$20. In order to comply with the statutory requirements, Town Clerk Joyce Bradshaw is recommending a license fee of$19 for spayed or neutered dogs and $20 for intact dogs. William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves 2014 dog license fees of$19 for spayed or neutered dogs and $20 for intact dogs. Vote approved 4-0. North Andover Fields Committee recommends the transfer of$20,000 from New Fields Account to Kittredge School Gym Addition project. For the past three calendar years, the various youth sports organizations, as members of the North Andover Fields Committee, have donated approximately$156,000 to the New Fields Account. With the Board of Selectmen Minutes October 21, 2013 2 additional work being contemplated as part of the Kittredge School Gym Addition project, the Fields Committee is requesting the Board of Selectmen approve transferring $20,000 previously accepted for the New Fields Account to the gym addition project. Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves the recommendations of the North Andover Fields Committee to transfer$20,000 from the New Fields Account to the Kittredge School Gym Addition project. Vote approved 4-0. Petition to enforce the State Sanitary Code and for Appointment of a Receiver for 88-90 Saunders Street The Board is asked to approve the filing of a court petition, jointly by the Massachusetts Attorney General and the Town of North Andover, to enforce the State Sanitary Code and for the appointment of a Receiver for the property located at 88-90 Saunders Street. This residential property is abandoned, has numerous long-standing code violations, has been deemed unfit for human habitation, and poses a threat of harm to the general public. Peter Moses is the owner of record of this property and has been unresponsive to any and all formal communications. William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approve the filling of a petition,jointly with the Attorney General of the Commonwealth of Massachusetts, to enforce the State Sanitary Code and for the appointment of a Receiver for the property located at 88-90 Saunders Street. Vote approved 4-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Richard Vallaincourt, to open a meeting of the North Andover Licensing Commission. Vote approved 4-0. Chairman Rosemary Smedile is stepping in as Licensing Chairman in Tracy Watson absence. Greg Nolan of Joshua Donuts, LLC requests a Common Victualler License at 1018 Osgood Street Donald Stewart made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners approves the application contingent of Fire Department approval of Joshua Donuts, LLC at 1018 Osgood Street. Vote approved 4-0. Kevin Jacques of Events Partners, LLC requests a One Day Wine& Malt License for a 'Black Light Run' Event on October 26, 2013 from 4:00 p.m. to 11:30 p.m. at 1600 Osgood Street Donald Stewart made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one day wine and malt license to Events Partners, LLC for a 'Black Light Run' Event on October 26, 2013 from 4:00 p.m. to 11:30 p.m. at 1600 Osgood Street. Vote approved 4-0. Jennifer Konopisos of Merrimack College requests a One Day Wine & Malt License for a Homecoming Cookout on October 26, 2013 from 11:30 a.m. to 5:00 p.m. Donald Stewart made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one day wine and malt license to Jennifer Konopisos of Merrimack College for a Homecoming Cookout on October 26, 2013 from 11:30 a.m. to 5:00 p.m. Vote approved 4-0. Michael of Smolak Farms requests a One Day Wine & Malt License for a Pumpkin Smashing Festival of November 2, 2013 from 10:00 a.m. to 4:00 p.m. (with a rain date of November 3, 2013. Donald Stewart made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one day wine and malt license to Smolak Farms for a Pumpkin Smashing Festival of November 2, 2013 from 10:00 a.m. to 4:00 p.m. (with a rain date of November 3, 2013. Vote approved 4-0. Board of Selectmen Minutes October 21, 2013 3 Donald Stewart made a MOTION, seconded by William Gordon, to close a meeting of the North Andover Licensing Commission. Vote approved 4-0. TOWN MANAGER'S REPORT: Capital Projects Status Report The Town Manager provided s status summary of the on-going capital projects as well as a milestone timeline through the end of January 2014. These status summaries will be provide on a monthly basis. Report of Financial Conditions The Town Manager briefed the Board of the financial status of the Town. Police Department—September Crime Status Police Chief Gallagher provided a Police Report and Crime Statistics for the month of September. Fire Department—Activity Log Fire Chief Melnikas provided a Fire Log Report for the month of September. Next Meeting Date November 4, 2013 ADJOURNMENT: Donald Stewart made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:00 p.m. Vote approved 4-0. Adele J. Johnson Administrative Secretary Richard Vaillancourt, Clerk of the Board ICI i i II October 21, 2013 Board of Selectmen Meeting Minutes Senior Center Conference Room Annual Strategic Planning Meeting The meeting was called to order a 5:30pm. Selectmen Smedile,Stewart,Vaillancourt and Gordon present along with Town Manager Andrew Maylor.Topics discussed were as follows: I. Prior Year Review-Town Manager 5:30-5:40 II. Fiscal 2015 Priorities i. Facilities Master Plan -continue progress ii. Main Street Corridor Improvements 1. Signage, outdoor seating etc. 2. Parking—long term plan to address parking needs iii. Roadway Improvement Plan 1. Update the plan last updated in 2009 and make available to the public iv. Budget/Finance 1. Financial/Budget Future a. Financial Reserve Policies b. Maintain level services c. Sustainability 2. Pension Funding a. OPEB reserve v. Public Relations 1. Improved Business/Corporate Outreach (Support) a. Public relations contract services or resident/business survey 2. Outreach to boards and committees 3. Improved Communications with large scale rental developments vi. Economic Development Rte 125/114 1. UMass Vision Rte. 125—commence the implementation phase vii. Trees 1. Neighborhood tree policy 2. Maintenance program for existing tree viii. Electronic/Web Presence 1. Keep the website up to date 2. Add an electronic newsletter, ex. Constant Connect 3. Find ways to improve communication with residents III. Individual Follow-up 6:30-6:45 IV. Next Steps 6:45-6:50 Meeting adjourned at 6:55pm. Communications And Announcements v - " l o �iff&r" Ma k, Ohwwadiow �orraarZa 0 AOR h t r � Ck4iA`�� October 23,2013 4�`f7411I1 Subject: VETERANS DAY 2013 ice-cfta, B a r7 Ladies and Gentlemen: Aluriel,�V�,ascf r In recognition of Veterans Day,the Patriotic Observance Committee respectfully requests the attendance of you and members of your family or � v �e organizationto join us on Monday,November 11,2013, as we honor all who egje n „t a ,3i have bravely served in the United States Armed Forces. t`gla 0 t`kfl e1, The parade will form at 9:45 A.M. on the corner of First&Main.Street and step-off at 10:15 A.M,proceed up Main Street and march onto Patriots Memorial Park for appropriate services. Upon completion of the program,the C'ficf f Zin.. Parade will reform and proceed up Main Street to the V.F.W. Post 2104 on Park , 4 c cRjrfiarefe jtzgfit Street to raise the flag and salute all Departed Veterans. �tfq� ,`,ffw er In the event of inclement weather, our services will be held in the Middle School Veterans Auditorium at 10:30 A.M. Officcr For questions or comments please contact North Andover Veterans Service 'tkc r..k r Officer Edward V.Mitchell at(978)688-9525. Thank ou, ...r Joe (,ri(ygert6e,ger Ted Tripp (Jrio) Chairmen Certificate of Appreciation Presented to FRANK'S BARBER SHOP In appreciation for locating your business in the town of North Andover. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen November 4, 2013 Rosemary Connelly Smedile, Chairman Consent Items TOWN OF NORTH ANDOVER OFFICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH Rosemary Connelly Smedile, Chairman o TEL. (978)688-9510 William F.Gordon o `� FAX(978)688-9556 Donald B. Stewart * * www.townofnortliandover.com Richard M. Vaillancourt 1 Tracy M. Watson SSACHUSE TOWN OF NORTH ANDOVER NOTICE TO MOTORISTS ALL NIGHT WINTER PARKING BAN WILL GO INTO EFFECT ON DECEMBER 1,2013,AT 12:01 AM In accordance with Chapter 40, Section 22,of the General Laws,the following parking regulation shall go into effect on December 1,2013. 1. On or after the effective date of this ORDER,no person, except in the event of an emergency, shall park or permit any vehicle to remain unattended on any street or way in the Town of Forth Andover between the hours of 12:00 o'clock midnight and 6:00 o'clock AM, during the months of DECEMBER,JANUARY, and FEBRUARY. The Selectmen reserve the right to continue the ban. Parking on sidewalks at anytime during the year, including the period of this ORDER is not permitted, except as noted below in section 2b. 2a. During the period of this ORDER,parking is allowed so that two tires are within 12 inches of the curb or sidewalk and a minimum of twenty feet away from an intersection or ten feet from fire hydrant, on the following streets, as indicated below. Stonington Street: Parking on even side only Saunders Street: Parking on odd side only Lincoln Street: Parking on even side only Perry Street: Parking on even side only Church Street: Parking on odd side only Ashland Street: Parking on odd side only Annis Street: Parking on even side only Thorndike Road (from Sutton Street to Troy Road): Parking on odd side only Marblehead Street (from Union'Street to Middlesex Street): Parking on odd side only Union Street (from Beverly Street to Marblehead Street): Parking on even side only Norman Road: Parking on even side only 2b. During the period of the ORDER parking;is allowed so that two tires are within 12 inches of the curb or sidewalk and a minimum of twenty feet away from an intersection or ten feet from a fire hydrant on the even side of Beverly Street from Middlesex to Union and on the odd side from Union Street to the Dead End. (No parking on either side of Beverly from Dana Street to Middlesex Street.) The sidewalk on the odd side of Beverly Street from Middlesex to Union Street is closed during the period of this ORDER. Residents may park on this sidewalk so long as no part of the vehicle is on the roadway. 3. Any violation of this ORDER shall be punished by a fine of$25.00. 4. EXCEPTION: If there is not a'snowstorm,the above parking ban does not have to be observed on Christmas Eve December 24,2013,and New Year's Eve December 31,2013, 5. No parking will be allowed in municipal parking lots for more than 48 hours. Vehicles in violation will be towed at the owner's expense. 6. No snow or ice shall be deposited upon any portion of a way open to public travel. Per order of the North Andover Board of Selectmen a ^ J NORTH ANDOVER r%-XLICE ...Community Partnership— The Office of CHIEF OF POLIO TO: Andrew Maylor,Town Manager r FROM: Chief Paul J. Gallagher RE: Winter Parking Ban DATE: October 31, 2013 The Police Department recommends the proposed winter parking ban for December 2013— February 2.014. The officers will issue warnings for the first week of the authorized ban unless a storm occurs. 1475 Osgood Street,North Andover, Massachusetts 01845 Telephone;978-683-3168 Fax:9'78-685-0249 TOWN OF NORTH ANDOVER Fire Department Central Fire}lendqomfers—Fire Prevention Office /Z4 MAIN STREET NORTH ANDOVER, MAS0ACBO8BTTSO|X4S tAORTFI Andrew Mc\nikoy Fire Chief l`u|cphonu(978) 88D-9593 F&% (978) 688-9594 LA, [ McCarthy Fire Prevention Officer Town Managers Office l2O Main St. North Andover, Mu October 3], 2Ol] /\dc|m, The Fire Department has reviewed the 2Ol3'20l4 parking ban and has noissues. Roapcothu|ly, Lt Fred McCarthy Fire Prevention 978-088'9590 i INTEROFFICE MEMORANDUM DATE: 10/31/13 TO: Adele Johnson, Administrative Assistant FROM: Bruce Thibodeau CC: RE: Winter Parking Ban The Division of Public Works is aware of and in agreement with the Winter Parking Ban. I i I I %yS 4 1 „• • INTEROFFICE MEMORANDUM DATE: October 30,2013 TO: Andrew Maylor,Town Manager FROM: Bruce Thibodeau,Director of DPW CC: Ray Santilli,Assistant Town Manager Tim Willett, Operations Manager RE: Request to Surplus Vehicle I am requesting that the Board of Selectmen surplus the following vehicle that has been determined by DPW Mechanics to be beyond its useful life and will be replaced by new equipment. DPW Vehicle#64, 1971 John Deere Loader Wattachments,VIN #131104T, 1965 hours. Please see attached recommendation from Tim Willett. I concur with Tim's recommendation. INTEROFFICE MEMORANDUM DATE: October 29,2013 TO: Bruce Thibodeau FROM: Timothy Willett RE: Surplus Vehicle Recommendation I recommend the following vehicle be declared"Surplus"by the Board of Selectmen so that it may be included in the Town's next auction. 1.971 John Deere Loader with brush cutting attachment VIN 131:104T DPW Vehicle#64 This vehicle is being replaced by our brand new John Deere Loader which.just arrived.at DPW two weeks ago. I I Town of North Andover Fiscal Year 2015 Budget Policy Statement ..� , Board of Selectmen Rosemary Connelly Smedile, Chairman William F. Gordon Donald B. Stewart Richard M. Vaillancourt Tracy M. Watson Town Manager Andrew W. Maylor November 4, 2013 i Overview The North Andover Charter(section 9-2-3) requires that the Board of Selectmen, after consultation with the Town Manager, issue a Budget Policy Statement relating to the upcoming fiscal year's budget(FY15- July 1, 2014 to June 30, 2015). The Charter states that the policy statement shall establish the outer limits of possible budget growth for the town. The financial resources identified in this report are preliminary and will be revised, as necessary during the budget process. Budget Policy Objectives and Strategic Goals Notwithstanding the financial constraints that have existed during the past several fiscal years, the FYI spending plan will focus on maintaining the Town's commitment to the "Fundamentals" a set of policy objectives that seek to promote a single, pro-North Andover agenda. Contained within those Fundamentals are priorities established by the Board of Selectmen as part of their strategic planning process. The primary focus of the Fundamentals, assuming these priorities, includes: • Financial - steadily improving the Town's financial condition through balancing budgets and advancing responsible reserve policies that strengthen local government's flexibility to act on pressing needs while protecting against the impacts of economic downturns that could threaten municipal services delivery and the viability of the Town government. A draft version of a set of reserve policies, that will be discussed and ultimately adopted in some form, can be found in this document. Implementing these policies to achieve acceptable reserve standards, along with increasing pay-as-you go capital funding, reducing the OPEB liability and maintaining a structurally balanced budget will be the priorities of the Board. Continuing cooperative and regional relationships and setting realistic expectations regarding the growth of expenditures will also be a goals; • Economic Development — further supporting the Town through an aggressive agenda that seeks to attract new revenue in a variety of forms, including property tax, auto excise tax and building inspection fees. Specifically, the Town will begin the implementation phase of the "vision"created for the Rte 125 corridor detailed in the UMass report. The Town will also continue to engage state officials and other stakeholders to address needed pedestrian and other improvements along Rte 114. The Town will encourage the appropriate use of the public way by restaurants and other businesses to enhance the ambiance of the Main Street business corridor. Additionally, the Town will commence a study of the current and future parking needs of Main Street; • Neighborhood Enhancement — continually producing improvements in each and every neighborhood of the Town by updating infrastructure through a functioning Capital Improvement Program, cleaning streets, enhancing open space, and tackling and resolving long-standing problems. The Town will update the pavement management plan last updated in 2009 and seek to adopt a 1 neighborhood tree planting program. The Town will strive to increase the focus on public tree maintenance to extend the life of these important neighborhood assets. The Board will continue to pay particular attention to future large scale residential developments with an eye toward limiting detrimental impacts on the delivery of town services; • Community Development — fully encouraging partnerships between Town government and its stakeholders in North Andover's success, including other governmental entities, the business community, non-profit leaders, neighborhood groups and individual residents, in order to support a broad array of programs and initiatives that may or may not be Town-run, but are all supportive of the Town's desire to promote the advancement of its families and individual residents over a broad range of human needs, including, but not limited to, affordable housing, health care, education and job training. In FY15, Town government will seek to implement ways to encourage improved business and corporate outreach to existing business and prospective businesses. The Board will explore hiring a public relations firm to promote the community as a place to live and work and/or complete a survey of the needs of area businesses; • Public Safety — constantly improving upon the protection of the public and its property by initiating policy and providing the necessary resources, be it training, staffing or equipment, to effectively carry-out the missions of the Town's law enforcement, fire and emergency management agencies. The Board will continue to support the extensive training conducted by both the police and fire departments; • Governmental Philosophy — becoming a more open, responsive and responsible municipal government that not only hears the needs of its people, but develops and initiates efforts designed to address those needs in an honest, fair, equitable, accountable and cost-effective manner, while never sacrificing good government for the benefit of those whose goals run counter to that of a pro-North Andover agenda. In FY15, the Town will remain committed to the implementation of the Facilities Master Plan adopted by the Town Meeting of 2012, reach out to departments to get feedback regarding priorities and make improvements to the Town's website and enhance the use other of electronic communication systems. Financial Reserve Policies -DRAFT Fund balance and reserve policies should be established to protect the Town from unforeseen increases in expenditures, reduction in revenues, or a combination of both, or any other extraordinary events. Fund balance and reserve policies also serve to provide an additional source of funding for capital construction and replacement projects. Reserves should normally average 5%to 15% of the Town's General Fund budget. There are two classes of reserves: 1) restricted reserves which are to be utilized only for the purpose designated, 2)unrestricted reserves which can be utilized at the discretion of the authorized personnel. 2 Reserve policies cover; Operating Reserves, which provide for unanticipated expenditures or unexpected revenue losses during the year; Capital Reserves, which provide for normal replacement of existing capital plan and the financing of capital improvements; OPEB Reserves provide for funding of other post employment benefit liability; Cash Flow Reserves, which provide sufficient cash flow for daily financial needs; and Contingency Reserves provide for unanticipated expenditures. The Town shall maintain the following general, special and strategic reserve funds: • Operatina Reserves—The maintenance of adequate operating reserves is essential to the financial strength and flexibility of the Town as a whole. Adequate operating reserves are integral parts of the financial structure of the Town and help make it possible for the Town to issue debt, among many other functions. 1. Undesignated Fund Balance- Operating fund balance shall be maintained at sufficient levels to absorb unpredictable revenue shortfalls and to insure desired cash flow levels. With regard to the General fund, cash balances available at year end shall, in combination with the new revenues be sufficient to preclude any requirement for short-term debt to sustain Town operations. Should this fund balance fall below 5% of the "Fund Balance Floor," defined as General Fund revenue less state aid and appropriations to reserve accounts, a plan for expenditure reductions and/or revenue increases shall be submitted to the Board of Selectmen during the next budget cycle. 2. Free Cash—This reserve provides for the temporary financing of unforeseen opportunities or needs of an emergency nature including increases in service delivery cost. This is the portion of undesignated fund balance certified by the Department of Revenue, Division of Local Services, as "Free Cash". Monies held in this reserve may be appropriated during the current budget year and may also be used as a source of revenue for the ensuing budget year. Of all general fund reserves this is the most flexible. • Stabilization Fund—a Stabilization Fund shall be maintained, under the provisions of MGL Chapter 40, Section 5B. 1. The target funding level (TFL) for the Fund shall be an amount equivalent to 5% of the Town's prior year's Total General Fund Revenue less appropriations to reserve accounts. A Stabilization Fund Floor shall be established at 1.5% of the Town's prior year's Total General Fund Revenue less appropriations to reserve accounts. The Fund shall be funded only with Free Cash or one-time revenues. 2. The Stabilization Fund may only be used under the following circumstances: a. To support the operating budget when General Fund Net Revenue, as 3 defined as Total Revenue less debt exclusions and state school building reimbursements, increases less than 2.5% from the prior fiscal year. b. To fund capital projects, on a pay-as-you-go basis, when available Free Cash drops below$2 million in any year and only if the Capital Stabilization Fund has reached its floor as defined in the Capital Stabilization Fund section of this policy. 3. The level of use of the Stabilization Fund shall be limited to the following: a. When supporting the operating budget under"2a" above,the amount drawn down from the fund shall be equal to the amount necessary to bring the year-over-year increase in the Town's prior year Net Revenue by 2.5%, or$1 million, whichever is less. The draw down shall not occur in more than three consecutive fiscal years and the maximum shall not exceed $2.5 million for the three year period. b. When funding capital projects, on a pay-as-you-go basis under"2b" above,no more than$1 million may be drawn down from the fund in any fiscal year. The draw down shall not occur in more than three consecutive fiscal years and the maximum shall not exceed $2.5 million for the three year period. 4. In order to replenish the Stabilization Fund if used, in the year immediately following any draw down,the Town shall formulate a plan to restore the Fund to the previously identified TFL. Said funding shall come from Free Cash. • Capital Stabilization Fund a Stabilization Fund shall be maintained, under the provisions of MGL Chapter 40, Section 5B. 1. The TFL for the Fund shall be an amount equivalent to 1% of the Town's prior year Total General Fund Revenues. A Capital Stabilization Fund Floor shall be established at $25,000. The Fund shall be funded only with Free Cash or one-time revenues. 2. The Capital Stabilization Fund may only be used under the following circumstances: a. To fund projects which have been approved as part of the Town's Capital Improvement Plan(CIP). + Other Post-Retirement Benefits Trust Fund—established by the Annual Town Meeting of 2010 to offset the anticipated cost of other post employment benefits (OPEB) of retired employees.No set method of funding this reserve account has been established at this time. 4 • Overlay Reserve—established per the requirements of MGL Chapter 59, Section 25, the Overlay is used as a reserve, under the direction of the Board of Assessors, to fund property tax exemptions and abatements resulting from adjustments in valuation. The Board of Selectmen shall, at the conclusion of each fiscal year, require the Board of Assessors to submit an update of the Overlay reserve for each fiscal year, including, but not limited to, the current balances, amounts of potential abatements, and any transfers between accounts. If the balance of any fiscal year overlay exceeds the amount of potential abatements, the Board of Selectmen may request the Board of Assessors to declare those balances surplus, for use in the Town's Capital Improvement Plan(CIP) or for any other one-time expense. • Enterprise Fund Retained Earning Reserve—to provide rate stability in the Water and Sewer Enterprise Funds,the funds will maintain retained earnings equivalent to a minimum of three months of appropriated expenses. Retained earnings in excess of four months will be appropriated to offset user fees directly or indirectly through capital project pay-as-you-go funding of enterprise fund projects. Reserve Fund Balances Undesianated Fund Balance/Free Cash Fund balance as of June 30, 2012 $ 3,559,102 FYI revenues and other financing sources $ 83,053,520 FYI expenditures and other financing uses $(82,610,923) Fund Balance as of June 30, 2013 4 001 699 Certified Free Cash as of June 30, 2013 2 462 552 Town Stabilization Fund Est. Fund balance as of June 30, 2013 $2,903,811 FY14 contribution $ 625,000 Est. FY14 Fund Balance as of July 1, 2013 3 528 811 Town Capital Stabilization Fund Est. Fund balance as of June 30, 2013 $ 25,000 FY14 contribution $ 213,000 Est. FY13 Fund Balance as of July 1, 2013 238.000 5 Other Post-Retirement Benefits (OPEB) Trust Fund Est. OPEB Liability as of June 30, 2012 $117,724,442 Est. OPEB Liability as of June 30, 2013 $100,068,844 Fund balance as of June 30, 2013 0 Enterprise Fund Retained Earnings Reserve Water Fund- as of June 30, 2013 4.54 months Sewer Fund—as of June 30, 2013 2.57 months Development of the Fiscal Year 2015 Budget The budget development process is structured to integrate long range planning with the specific short term decisions that need to be made in the upcoming fiscal year's budget. The Town has adopted the Government Finance Officers Association(GFOA)budget format and other tools to enhance the thoughtfulness and depth of the information gathering process that ultimately leads to an approved comprehensive financial plan. The framework of the budget development process includes: Strategic Budget-Based on Long-Term Policies and Plans - The budget process began in early October with a strategic planning session involving the Town Manager and Board of Selectmen. The Town Manager's Five Year Financial Forecast to be presented in November, adopting Financial Reserve Policies,the Five Year Capital Improvement Plan and the continued implementation of the Facilities Master Plan will provide the linkage to the strategic context for the budget and reinforces the budget's role of implementing priorities within these plans. Financial Context for the Budget—This review of available funding sources is a crucial first step in the capital planning and budget processes of the Town. This policy statement will provide the initial focus for budgeting development by setting broad expectations for the upcoming budget cycle and giving general direction to budget planners. The economic scan of FY 15 indicates there was a continued incremental increase in economic growth in the state during the past year. We are seeing a revived interest in local economic development projects shelved during the recession, although very few of those have materialized as of this date. Local Receipts and state aid are the most relevant barometers regarding how existing economic conditions translate into the improved fiscal condition of the Town. Based on that standard,very little growth is expected in FYI 5. On the positive side of the ledger, expenditure increases have been modest in all areas except employee benefits. The recent migration from being self-insured to providing premium based coverage through the state's Group Insurance Commission health plans should positively impact the Town during the next several years. 6 The focus is, and will remain, on creating a sustainable service delivery model into the future. Financial Plan General Fund Overview General Fund Budget Summary A key component of the budget development process is the identification of revenue assumptions and projections to determine the range of choices the Town Manager can make in allocating resources. Because of the critical nature of this information the Town Meeting voted to adopt in May 2004 the Revenue/Fixed Costs Review Committee whose main purpose is to advise the Town Manager and other Town officials on projected revenues, other financial sources, and fixed costs to facilitate the annual budget development process. The committee shall meet within thirty days but no later than December 1St of the issuance of the Board of Selectmen's budget policy statement, and shall report to the Town Manager with their initial revenue projections within 45 days of their first meeting. The committee may continue to meet after the issuance of the report for the purpose of providing continued advice. The Town does not have the statutory ability to change rates and formulas for many of its revenue sources. The rates and/or formulas for property tax and certain fines, for example, are set by the State. The Town may set user fees,permits and licenses. In 1980, the voters approved a statewide property tax initiative, Proposition 2 1/2. Prop. 2 1/2 established, among several restrictions, a"2 1/2 percent cap" on property tax increases in all local taxing districts in the State. Town revenue is divided into six basic categories recommended by the National Committee on Governmental Accounting. The categories are taxes, charges for services, licenses and permits, fines and forfeits, intergovernmental revenue, and miscellaneous revenue. The following is a discussion of the Town's projections for those categories in FYI 5. TAXES Real and Personal Property Tax The primary sources of revenue for municipalities in the Commonwealth are the real property tax and personal property tax. For purposes of taxation, real property includes land and buildings and improvements erected or affixed to land and personal property consists of stock, inventory, furniture, fixtures and machinery. The Town's Board of Assessors determines the value of all taxable land, which is revalued at fair market value every three years and updated every year. FYI was the most recent revaluation year for the Town. The Towns' Board of Assessors is also responsible for determining the value of personal property through an annual review process. 7 Major Changes: There are three major factors that influence the amount of revenue generated by the real and personal property tax: 1. Automatic 2.5% increase—Each year, a community's levy can automatically increase by up to 2.5% over the previous year's levy limit. This does not require any action on the part of local officials. This amount is estimated to be $1,544,536 for FY15. 2. New Growth—A community is able to increase its tax levy limit each year to reflect new growth in the tax base. Assessors are required to submit information on growth in the tax base for approval by the Department of Revenue as part of the tax rate setting process. In FY15,based on current trends new growth is estimated to be $600,000. 3. Overrides/Exclusions—A community can permanently increase its levy limit by successfully voting an override. Debt and Capital exclusions are temporary increases in a communities levy limit for the life of the project or debt service. Only a debt or capital exclusion can cause the tax levy to exceed the levy ceiling In FY15 the debt exclusion is estimated to be $1,774,775. The levy ceiling of a Town is 2.5% of valuation of the community. The ceiling for the Town in FY 13 was $106,740,858. As the following shows, the Town is substantially under its levy ceiling. i Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Tax Levy (per RECAP) $58,588,509 $60,650,525 $61,460,853 $63,523,488 $65,631,829 3.3% $80 $60 $40 $20 $0 FY11 FY12 FY13 FY14 FY15 Motor Vehicle Excise Tax Receipts—State law (Proposition 2 1/2) sets the motor vehicle excise rate at $25 per $1000 valuation. The Town collects these monies based on data provided by the Massachusetts Registry of Motor Vehicles. The Registry, using a statutory formula based on a manufacture's list price and year of manufacture, determines valuations. The Town or town in which a vehicle is principally garaged at the time of registration collects the motor vehicle excise tax. 8 In January 1992,the Registry of Motor Vehicles implemented a new computer tracking system that will force auto owners to pay their excise taxes. Those who do not pay will not be allowed to renew registrations and licenses. Cities and towns must notify the Registry of delinquent taxpayers. Major Changes: Due to the national economic situation,this revenue source declined substantially from FY13 to FY14 and is not expected to increase in FY15. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Motor Vehicle Excise $ 3,775,200 $ 3,750,578 $ 3,779,369 $ 3,600,000 $ 3,600,000 0.0% V) ° $4 $3 $2 FY11 FY12 FY13 FY14 FY15 Penalties and Delinquent Interest—This category includes delinquent interest on all taxes and tax title accounts. It also contains demand fees on real and personal property taxes as well as demands and warrants on late motor vehicle excise taxes. Delinquent Interest and Penalty Charges—The Town receives interest and charges on overdue taxes. Interest rates for overdue real and personal property taxes are 14%, and for tax title accounts, 16%. The interest rate for delinquent excise tax accounts is 12% from the due date. State law dictates the interest rate for taxes, while local bylaw sets water/sewer charges. If real and personal property taxes are not paid by May 1, in the year of the tax, a demand for payment notice ($30) is sent to all delinquent taxpayers. Delinquent motor vehicle taxpayers are sent a demand ($30), a warrant ($5), and two separate notices from a deputy tax collector ($9 and $14). The deputy collector's earnings come solely from delinquent penalty charges in lieu of a salary. Demands ($30) and warrants are issued for delinquent water/sewer service accounts, which are subject to a lien on the real estate tax bill. Once a delinquent real estate account goes into a process of tax title,there are other fees added to the property tax bills. These charges include the cost of recording the redemption($75/$30) and demand notices. 9 i In Lieu of Tax Payments—Many communities,North Andover included, are not able to put all property within its borders to productive, tax generating uses. Federal, state and municipal facilities, hospitals, churches and colleges are examples of uses that are typically exempt from local property tax payments. The Town currently negotiates with one entity for a PILOT payment of$ 32,000 per year. Municipal Lien Certificates—The Town Collector issues a certificate indicating any amount owed on a particular parcel of property to an individual requesting the information within five days of the request. The cost per certificate is $35 per parcel. LICENSES AND PERMITS/SUMMARY Licenses—License revenue arises from the Town's regulations of certain activities (e.g. selling alcoholic beverages). A person or organization pays a licenses fee to engage in the activity for a specific period. The primary licensing agency in the Town is the Board of Selectmen. All fees are set by one of the three methods: State law,Town-By-Law or Licensing Body. Permits—Permits are also required when a person or business wants to perform a municipally regulated activity (e.g., building, electrical, or plumbing services). The bulls of the permit revenue is brought in through building permits, collected by the Building Department. All construction and development on the Town must be issued a building permit based on the cost of construction. The Board of Selectmen adopted a revise building inspection permit fee schedule in Fiscal 07. The most common licenses and permits are briefly described on the following pages. A complex fee schedule is available from the Board of Selectmen or the Building Department Liquor Licenses—Under Chapter 13 8 of the General Laws of Massachusetts, the Town is empowered to grant licenses regulating the sale of alcoholic beverages. License fees vary depending upon the type of establishment, closing hours, number of days open, and whether the license is for all alcohol or beer and wine. All licenses issued by the Board of Selectmen, with the exception of special and seasonal liquor licenses,have a maximum fee set by the State statute. The Town may issue liquor licenses within the limits of the State quota system, which is based on population. Special licenses carry a fee and do not fall under the State cap. Total revenue for special licenses depends on the number and length of events that receive licenses. Common Victualer—The common victualer licenses allows food to be made and sold on the premises. Entertainment—Entertainment licenses are issued for live performances, movie theaters, automatic amusement machines, billiard tables, bowling alleys and several other forms of entertainment. 10 Building Permits—Building permits are issued to qualified individuals and companies to do repairs alterations, new construction or demolitions in the Town. The cost of permits is based on the estimated cost of the project or by a set fee. Electrical Permits—Electrical permits are issued to licensed electricians to perform specific electrical work. The cost of the permit is dependent on the number of switches, lights, alarms and other electrical components included in the job. Plumbing Permits—Plumbing permits are issued to license plumbers to install and repair piping for a specific job. The fee is based on the amount and type of work being done. Weights & Measurers—Weights and Measures permits are issued for scales, gas pumps and other measuring devices. Town Clerk Licenses & Permits—The Town Clerk issues licenses and permits primarily relating to marriages, births, deaths, business certificates, raffles, passports and dog registrations. Other Departmental Permits—Other Departments issue various permits including fire permits, fire alarm box permits, firearms, fishing and boating permits. Major Changes: The Board of Selectmen adjusted Building Inspection fees based upon an analysis of similar fees in surrounding communities in FY 07. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Fees (Bldg,Plumb, Elec.,etc.) $ 954,715 $ 1,163,413 ' $ 1,073,824 ;, $ 924,272 !, $ 921,800 -0.27% $2 c 0 $1 -- FY11 FY12 FY13 FY14 FY15 11 Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Licenses and Permits $ 225,199 ' $ 227,644 $ 256,074 $ 230,962 $ 250,550 8.5% H $260 v $240 t $220 ~ $200 FY11 FY12 FY13 FY14 FY15 FINES AND FOREITS Parking Fines—The collection of outstanding parking fines continues to be an important source of revenue to the Town. The timely collection of fines has been aided by automation, and by State law that violators are prohibited from renewing their driver's license and registrations until all outstanding tickets are paid in full. Moving Violations - Non-parking offenses result in moving violation fines. Responding to the community's desires and public safety concerns that mostly focused on speeding violations in local neighborhoods. Among the violations included in this category are speeding, passing in the wrong lane, and failing to stop at the traffic signal. These fines, collected by the District Court, are distributed to the Town on a monthly basis Major Changes: Under the Municipal Relief Package passed by the legislature 2003 increased the amount of fines that may be collected for violations of any regulations, orders, ordinances or bylaws regulating parking of motor vehicles. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14- FY15 !' Parking Fines/Moving Violations $ 101,589 $ 108,998 $ 112,917 $ 121,444 $ 113,000 -7.0% II I N $140 r $120 t $100 ~ $80 FY11 FY12 FY13 FY14 FY15 12 INTERGOVERNMENTAL REVENUE Cherry Sheet- State Cherry Sheet revenue funds are primary intergovernmental revenue. Cherry Sheet revenue consist of direct school aid, local aid and specific reimbursements and distributions such as aid to public libraries, veterans benefits and a number of school related items. For the FY15 budget process,the Town projected no increase of Cherry Sheet revenues. In January, when the Governor's Budget is released a clearer sense of these revenue sources will be known. Every year the Commonwealth sends out to each municipality a"Cherry Sheet", named for the pink colored paper on which it was originally printed. The Cherry sheet comes in two parts, one listing the State assessments to municipalities for MBTA, Retired Teachers Health Insurance, air pollution control districts and the other state programs: Each Cherry Sheet receipt is detailed on the following pages. School Aid—Chapter 70 school aid is based on a complex formula that takes into account: (1) statewide average cost per pupil: (2) local district pupil counts, with weighing factors to reflect varying costs among programs such as special education or vocational education, and (3)municipal fiscal "ability to pay" for education, as measured by equalized valuation per capita as a percent of statewide average. Major Changes: There was discussion at the state level several years ago to overhaul the foundation budget and develop a new method for measuring municipal ability-to-pay and for determining required local contribution and school aid amounts. These changes never materialized. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Chapter 70 $ 6,092,035 " $ 6,124,740 $ 6,808,233 $ 6,808,233 $ 6,808,233 0.0% N $7 C 0 $6 $5 FY11 FY12 FY13 FY14 FY15 13 Local Aid—The major non-school state aid items are the Unrestricted Government Aid. These funds are unrestricted and can therefore be used by the municipality for any municipal purpose. Major Changes: Starting in FY2010 the Governor, combined these two aid accounts into one category called Unrestricted General Government Aid. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Unrestricted General Gvt :Aid $ 1,733,403 $ 1,608,071 $ 1,733,403 $ 1,733,403 $ 1,733,403 0.0% H $2 O $1 $0 FY11 FY12 FY13 FY14 FY15 Veterans Benefits—Under Chapter 115, Section 6, municipalities receive a seventy-five percent State reimbursement on the total expenditures made on veterans' benefits. Charter Tuition Reimbursement—To reimburse sending districts for a student tuition and the capital facilities tuition component they pay to Commonwealth charter schools. The capital facilities tuition component includes interest and principal payments, for the construction, renovation, purchase, acquisition, or improvement of school building and land. i Exemptions: Veterans,Blind Person, Surviving Spouse - To reimburse the municipality for property tax exemptions granted to qualifying veterans, blind person, surviving spouse and elder person. State Owned Land—To reimburse the municipality for forgone tax revenue due to certain types of tax exempt state-owned land. MISCELLANEOUS REVENUE Interest on Investments —Under Chapter 44 Section 55B of the Massachusetts General Laws, all monies held in the name of the Town which are not required to be kept liquid for purpose of distribution shall be invested in such a manner as to require the payment of interest on the money at the highest possible rate reasonably available. The investment decision must take into account safety, liquidity and yield. 14 Major Changes: Interest rates on investment have increased slightly between FY12 and FY13. FY15 is expected to stay level with FY13 actual. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15! Investment Income $ 313,836 $ 118,449 ? $ 130,403 " $ 118,400 $ 130,000 9.8% N $400 v c $200 L F- $- FY11 FY12 FY13 FY14 FY15 INTERGOVERNMENTAL,/INTERFUND TRANSFERS Water , Sewer and Stevens Estate Transfers - The Water, Sewer and Stevens Estate funds, financed by water and sewer usage charges and event fees provide reimbursement for direct and indirect cost associated with a variety of the Town services, including those offered by Technology, Accounting, Town Manager, Treasurer/Collector, Personnel, Town Council and Town Clerk. Additional, enterprise funds provide reimbursement for employee benefits and maintenance of the Water, Sewer and Stevens Estate accounting and billing systems along with property/casualty insurance and workers compensation policies. Actual Actual Actual Budget Estimate %Change Year to Year Comparison FY11 FY12 FY13 FY14 FY15 FY14-FY15 Interfund Tranfers $ 1,358,179 ' $ 1,463,962 $ 1,526,297 $ 1,542,763 $ 1,542,076 0.0% $1,600 $1,500 3 $1,400 sue° $1,300 $1,200 FY11 FY12 FY13 FY14 FY15 15 A1414rel4ate Impact Preliminary total revenue estimates for FYI are expected to increase by$1,975,648, or 2.37%, from FYI 4. Expenditure Guidelines Based upon these preliminary estimates the Town will have approximately $85.4 million of available General Fund resources to fund the fiscal year 2015 operating budget. The town is in the process of implementing a number of initiatives to improve the short and long term prospects of delivering a high quality of sustainable services to residents and local businesses. Among those are the migration of town employees and retirees to the state's health insurance program, reducing our energy costs, promoting economic development, implementing sound financial reserve policies, and investing in preventative maintenance of the town's horizontal and vertical infrastructure. Although we are at a very preliminary stage in the budget development process, it is reasonable to expect that the town will be able to maintain its current service levels in fiscal 2015. i 16 Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 � pORTy 1 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Toren Clerk, FAX(978)688-9557 °nMy,lS 4SSAGHus@� MEMORANDUM TO: Tracy M. Watson, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons,Asst. Town Clerk DATE: October 30, 2013 SUBJECT: Change of Manager Application Attached please find a Change of Manager Application from Bertucci's Restaurant Corp., dba: Bertucci's Brick Oven Ristorante. The proposed new manager is Nicholas J. Joseph replacing Cathy-Jo Durant. There are no CORI issues, a favorable recommendation from the Police Department is included, and the fee has been paid to the Town. Please contact me or Joyce Bradshaw if you have any questions or concerns. Thank you. BERTUCCIS b r i c k o v e n r i s t o r a n t e P_FCEi"E..n SENT VIA OVERNIGHT MAIL Q�tabeL� Q 13 Town of North Andover Licensing Commission 120 Main Street North Andover, MA 01845 Re: Bertucci's Restaurant Corp. —Change of Manger DeaLj2intly re,li Enclosed please find the change of manager documents for our restaurant-located 435 Andover Street. The enclosed documents are: 0 Retail Transmittal Form $200 Check payable to MA ABCC • Petition for Change of License 0 Manager's Form • Personal Information Form • CORI Application • Corporate Vote • Birth Certificate for Nicholas J. Joseph. • Driver's License for Nicholas J. Joseph • Resume for Nicholas J. Joseph Please let me know if you still need the employee to complete the Town specific CORI form now that the ABCC does a CORI form. If so I will send the manager to your office to complete the form. You may contact me with any questions at 508-351-2577, (c) 774-345-0122 or email me at swoodin(aabertuccis.com. Thank you. Sincerely, z - f7 4 Sandra Woodin Licensing Specialist 155 Otis Street • Northborough, MA 01532 • (508) 351-2500 - Fax(508) 393-1231 s TOWN OF NORTH ANDOVER POLICE DEPARTMENT "Community Partnership" To: Karen Fitzgibbons From: Lt.Eric J.Foulds Date: October 22,2013 Re: Bertucci's Change of Manager The Police Department has no issue with Bertucci's Restaurant request to change managers and recommends favorable action on this request, as outlined in their application. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us Frinf Form _ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov/abcc a RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED,SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA (CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 {CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER IF USED EPAY,CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER(1F AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) 082600001 LICENSEE NAME gertucc�'s Restaurant Corp. ADDRESS 435 Andover Street CITY/TOWN North Andover STATE MA ZIP CODE 01845 —� TRANSACTION TYPE(Please check all relevant transactions): Alteration of Licensed Premises Q Cordials/Liqueurs Permit ® New Officer/Director Transfer of License Change Corporate Name ® Issuance of Stock New Stockholder Transfer of Stock Change of License Type © Management/Operating Agreement Pledge of Stock Wine&Malt to All Alcohol [] Change of Location © More than(3)X15 ® Pledge of License ® 6-Day to 7-Day License OX Change of Manager New License Q Seasonal to Annual Other THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 i I i i The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 - r< 1,_iww,mass•aov/abcc J PETITION FOR CHANGE OF LICENSE 082600001 North Andov-r ABCC License Number City/Town The licensee Bertucci's Restaurant Corp. respectfully petitions the Licensing Authorities to approve the following transactions: Q Change of Manager ❑ Alteration of Premises [] Pledge of License/Stock ❑ Cordial&Liqueurs Change of Corporate Name/DBA F7 Change of Location Change of License Type(§12 ONLY,e.g."club"to"restaurant") Change of Manager Last-Approved Manager: Cathy-Jo Durant 1 Requested New Manager: Nicholas J.Joseph F Pledge of License/Stock Loan Principal Amount:$ �� Interest Rate: Payment Term: �`� Lender: Change of Corporate Name/DBA Last-Approved Corporate Name/DBA: Requested New Corporate Name/DBA: [� Change of License Type Last-Approved License Type: Requested New License Type: (] Alteration of Premises:(must fill out attached financial information form) Description of Alteration: Change of Location:(must fill out attached financial information form) Last-Approved Location: Requested New Location: r Signature of Licensee Date Signed 09/18/2013 (Ifa Corporation l C,by its authorized representative) The Commonwealth of Massachusetts — Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.a ov/abcc 4 MANAGER APPLICATION All proposed managers are required to complete a Personal information Form. and attach a copy of the corporate vote authorizing this action and appointinga.manager. 1.LICENSEE INFORMATION: Legal Name of Licensee: Bertucci's Restaurant Corp. Business Name(dba): BertuceCs Brick Oven.Ristorante Address: 435 Andover Street City/Town: North Andover State: MA Zip Code: ABCC License Number: D826D0001 Phone Number of Premise: (978)685-4498 (If existing licensee) 2. MANAGER INFORMATION: A.Name: Nicholas J.Joseph B.Cell Phone Number: (978)895-1370 C. List the number of hours per week you will spend on the licensed premises: 40+ 3. CITIZENSHIP INFORMATION: A.Are you a U.S.Citizen: yes FX� No F� B.Date of Naturalization: �� C.Court of Naturalization: (Submit proof of citizenship and/or naturalization such as U.S.Passport,Voter's Certificate,Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now,or have you ever,held any direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages? Yes D No OX If yes,please describe: B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ® No OX If yes,please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes F No F If yes,please describe: D.Please list your employment for the past ten years(Dates, Position, Employer,Address and Telephone): Please see attached resume I hereby swear under the pains and penalties of perjury that the information 1 have provided in this application is true and accurate: Signature G.=� --°�` °� Date The Commonwealth of Massachusetts Alcoholic Beverages Control Commission — - 239 Causeway Street Boston,MA 0ZII4 w►yw.mcrss.go v_/alec a PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: I B. Business Name(dba) Bertucci's Brick Oven Ristorante� A. Legal Name of Licensee Bertucci's Restaurant Corp. D.ABCC License Number 082600001 C.Address 435 Andover Street (If existing licensee) E.City/Town North Andover State MA Zip Code 01845 F.Phone Number of Premise (978)685-4498 EIN of License 04-2844750 2. PERSONAL INFORMATION: A. Individual Name Nicholas J.Joseph B. Home Phone Number (978)632-6994 C.Address 24 Bear Hill Rd,^ D.City/Town Gardner --� State MA Zip Code 01440 E.Social Security Number F, Date of Birth 12/18/1979 �T G. Place of Employment Bertucci's Restaurant Corp. 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes F No Q If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. I, Nicholas J.Joseph, have no direct or indirect,beneficial or financial interest in this license. IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3) months of bank statements for the source(s)of this cash. *If additional space is needed,please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate; Signature Date Title General Manager (If Corporation/LLC Representative) TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTFI OF A,.aD Joyce A.Bradshaw,CMMC F ' ° A Telephone(978)688-9501 Town Clerk, * ' FAX(978)688-9557 �SSACFIUS MEMORANDUM TO: Tracy M. Watson, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerky�'� DATE: October 30, 2013 SUBJECT: Common Victualler Application Attached please find a Common Victualler Application from Farrell Boghos who is proposing to open a bakery with the name of"Baked" at the former location of DeFusco Bakery @ 1211 Osgood Street. Proposed hours of operation are 6:00 am to 10:00 pm. Monday through Sunday. Favorable recommendations are included from the Police Department and Building Inspector. The Fire Department is due to inspect on Thursday, October 31, 2013. Please contact me or Joyce Bradshaw if you have any questions or concerns regarding this application. 00 TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL APPLICATION This is a general application for a license that the Board of Selectmen may grant. All license applications to the North Andover Board of Selectmen must be accompanied by the following information. Indicate if license is: new ❑ transfer. ❑ change of dba❑ Other List type of license()applying for: Common Victualler ❑ Package Store All Alcohol El Class IN o.of vehicles for display: ❑ Restaurant All Alcohol El Package Store Wine&Malt ❑Class II No.of vehicles for display:_ ❑ Restaurant Wine&Malt =Fortune Teller ❑ Club All Alcohol ❑Vehicle for Hire/Taxi No of Vehicles: ❑ Annual Entertainment ❑ Sunday Entertainment Q Electronic Games-list below: Jukebox ❑ Billiard Table No.of tables: Business Name (legal): dba: U fa K r) Please attach copy of business certificate if applying as dba or individual. If business is a corporation or LLC, please attach: 1. Certificate of Good Standing from the Secretary of State's Office. 2. Corporate Vote authorizing business at the location.. j Address of licensed premises (include zip code): /if// o e�-,cc-)C/ S ✓�� � /�n -'�-' '��� mailing address (if different than above address): Name of individual/applicant authorized to apply for license: �r��%/ Business tel. no. of applicant: 711 --7 S7- - ( ,43 Business erriail:-F/3o7kvia cl oll u i L, 4 m F.E.I.N:(F.I.N.). Please check one of the following:❑own premises lease premises❑property under P&S Name and address of property owner if different from license holder: Name l Address If applicable,please attach opy of lease nd/or Purchase and Sales Agreement. Do you currently hold a similar license? What type? r✓L7 Have you previously applied for a license? (Yes) ❑ (No) Have you ever had a license revoked? (Yes)❑ (No) If yes, please indicate w hy:' 1 If there is a building or structure associated with the license, please submit the following (preferably on 81/2 x 11" paper-no larger than 8112 x 14"): 1.Floor plan (include seating area), and 2. Site plan indicating parking areas and access to town ways. If applying for a Class I or Class II license, please submit a plot plan that shows: 1.The number of the vehicles on display 2.The exact location of the vehicles 3.Customer parking 4.Office area Proposed hours of operation: Monday g��02)1— XW4 Thursday &I-fm —/a/--'? Tuesday Friday I Wednesday Saturday Sunday 4¢/v (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) 11-11/q Name of Business: Address: Federal Tax No. (If applicable): I certifythat the North Andover Police Department may run a criminal records check for any prior offenses and that this information may be transmitted to the Local Licensing Authority at their request. Date: le G/ Signature: 01 r- ! J I certify under the penalties of perjury that I,to the best of my knowledge and belief, have filed all state tax returns and paid all state and l0 1 taxes required by law. �, ��� Date: 9 ZY Signature: �n . I certify that I have read through the conditions included with this license and agree to comply with any further stipulations that the Licensing Authority may from time to time approve. I also hereby authorize the Licensing Authority or their agent to conduct whatever investigation or inquiry is necessary to verify the information contained in this application. Date: `��R hn-, d� Signature: r Please contact the Town Clerks Office at(978)688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 NORTH ANDOVER --Community Partnership--- To: Karen Fitzgibbons From: Lt. Eric J. Foulds Date:October 24, 2013 Re:Common Victualler License The Police Department has no issue with Fanaro, LLC request for a Common Victualler License to operate a business at 1211 Osgood St. as outlined in their application. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 Fitzgibbons, Karen From: Brown, Gerald Sent: Tuesday, October 29, 2013 3:20 PM To: Fitzgibbons, Karen Subject: RE: Common Victualler Application The Building Dept has no issues From: Fitzgibbons, Karen Sent: Tuesday, October 29, 2013 2:56 PM To: McCarthy, Fred; Brown, Gerald Subject: FW: Common Victualler Application Hi Fred and Gerry, Maybe I missed it, but don't seem to have your recommendations to the above... From: Fitzgibbons, Karen Sent: Thursday, October 24, 2013 1:58 PM To: Foulds, Eric; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Melnikas, Andrew Subject: Common Victualler Application Hello, Attached please find an application for a Common Victualler License from Farnaro, LLC. They are proposing to use the former DeFusco Bakery location at McLay's Plaza on Osgood Street. I am trying to place this item on the November 4th BOS meeting agenda,therefore would need your recommendations by Tuesday, October 28th. Thank you for your co- operation. Karen Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records,For more information please refer to:http://www.see.state.ma.us/pre/K)reidx.htm, Please consider the environment before printing this email. 1 TOWN OF NORTH ANDOVER Fire Department Fire Prevention Office Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Telephone(978) 688-9593 FAX(978)688-9594 Andrew Melnikas Fire Chief amelnikas@Townol7VorthAndover.coin Lt Frederick McCarthy Fire Prevention Officer F.McCartliy@tolinofnortl?andoi,,er.com October 30 , 2013 To: Karen Fitzgibbons From: Andrew Melnikas Re: Defusco transfer As you know,the Defusco bakery is changing ownership. As of this writing, the renovations that are being done for the new owner are not complete. Once my Fire Prevention Officer can gain access to the facility,he can verify that the sprinkler and fire alarm system are up to date. Let me know if this helps in the approvals needed by the new owner. Chief Andrew Melnikas r• 1206963 i S CARET hR�IEl11 COMMONWEALTH OF MASSACHUSETTS William Francis Galvin 2013 SEP 27 AM I I' 17 Secretary of the Commonwealth One Ashburton Place,Boston,Massachusetts 02108-1512 CORPORATIONS DIVISION FEED Limiter!Liability Company Certificate (General Laws Chapter I56C,Section 12) SEP 2 7 2013 I hereby certify that upon examination of rhis limited liability company certificate, SECBETRY Of THE Copt,101NEALTH duly submitted to me,it appears char the provisions of the General Laws relative COBF0611I10N8➢IVISiOPJ thereto have been complied with,and I hereby approve said application;and the filing fee in the amount of$ having been paid,said application is deemed to have been filed with me this 2 �27 day of ' ,20 / ,at a.m./p.m, time Effective date: WILLIAM FRANCIS GALVIN Secretary of the Commonwealth Filing fee:$500 TO BE FILLED IN BY LIMITED LIABILITY COMPANY Contact Information: John W. Facia, Esq. 384 Lowell Street Wakefield, MA 01880 Telephone:781.246.5800 Entail: jfada @farialaw.com Upon filing,a copy of this filing will be available at ww,vsec.srare.ma.us/eor. If the document is rejected,a copy of the rejecrion sheer and rejected document will be available in the rejected queue. e156d12dD=i%7MJ,t William Francis Galvin ��{' Secretary of the Commonwealth One Ashburton Place,Room 1717,Boston,Massachusetts 02108-1512 SEP 2 r 28U CogIn JH'fRi!rH Limited Liability Company SECHfTAHYOf THi:CDRPDHATJDIdB DJyJSJDId Certificate of Organization (General haws Chapter 156C,Section 12) Federal Identification No.: Applied For (1) The exact name of the limited liability company: Famaro,LLC (2) The street address of the office in the commonwealth at which its records will be maintained: 1211 Osgood Street North Andover, Massachusetts 01845 (3) 'Ihe general character of the business: The general character of the business of the LLC is to engage in and operate a bakery and cafe, and to engage in any other activity in which a limited liability company organized under the laws of the Commonwealth of Massachusetts may lawfully engage. (4) Latest date of dissolution,if specified: Perpetual (5) The name and street address,of the resident agent in the commonwealth: NAME ADDRESS John W. Faria 384 Lowell Street Unit 205 Wakefield, MA 01880 (G) The name and business address,if different from office location,of each manager,if any: NAM.E ADDRESS Business Development&Management, LLC c/o Farrell M.Moghos 91 Kilmarnock Street, Suite 8 Boston,MA 02215 i i I I (7) The name and business address,if different from office location,of each person in addition to manager(s)authorized to execute documents filed with the Corporations Division,and at least one person shall be named if there arc no managers: NAME ADDRESS Rose M. Boghos 15 Jones Road Middleton,MA 01949 John W. Faria 384 Lowell Street Wakefield,MA 01880 (8) "the name and business address,if different from office location,of each person authorized to execute,acknowledge,deliver and record any recordable instrument purporting to affect an interest in real property recorded with a registry of deeds or district office of the land court: NAME ADDRESS Business Development&Management,LLC c/o Farrell M. Boghos 91 Kilmarnock Street,Suite 8 Boston, MA 02155 (9) Additional matters: Signed by(by at least one arrthoriutl signatory): fis.� Consent f/residentagent: 1 ,fieL l�.e Is John W.Faria resi nt a nr of the above li iced liability company,consent to my appointment as resident agent pursuant to G.L.c t56C§12` 'or,arr h residenr"gentr cons nt hereto. LEASE. THIS INDENTURE,01?LEASE,:is made as of the 36�':day:of:September.;20'13;;by and between 1211 0SG000 STREET LLC,a Nfassachusetts;[imited:liability ,company, with:a principal place Of business c/oMcLay Florist, 111`0sgood:Street;.North. Andover,'Massachuse'ts..0,1845,.herein: called:"Landlord",:and NABIL.'BOGHOS;with a-principaliplit of business=at i5 Jones R.oad,, Middleton,;Massachusetts:01949,~and FARNARO,LLC-i a.Massac} usetts limited liability.pompany,..Wiith a principal`.place of liusiness;,at IG30Osgood Street,`Noitfi Andover,`Massachusetts:0.1845,'herem jointly and•severallythe! "Tenant". W1:TNES_S;ET`111 ARTICLE I:-.-GRANT AND.TERM SECTION L01'. Leased.Premises. In consideration oftbd-rents,:covenants<andiagreements.here nafter resetve&and contained onlhe:part'of Tenant to be oliserved;and.perforined-�.the Landlord demises and leases to the:Tenant,and Tenant,rents, frgm.Landlord,those certain premises, now.or fiereafterto be erected:in Osgood Crossing:(herein called the'"Shopping CenterM.located on,Osgood'Sfreet(State Route 125);in North,Andover,Essex County, 1..Massachusetts, which premises.consists:ofa:store containing,an'area-of.approximately 2;035 square feet (herein the"I:eased.Premises".). The square footarea of the Leased Premises,and of all'of the;other Premises in the Shopping Center (as,hereinafter defined)sbal[b&measured to,:the,exterior faces.of all exterior walls.and internal,corridors,induding:any f re.corridors,and to. the.center line of dividing-walls. The- daries:and location of the Leased'Premisesaie.crosshatched on the Center("Site:Plan"),.which is.marked'Exhibit"A"and_ is-attach d hereto and'hereby madea part hereof. 'iThe.Shopping:Center is more-particularly described on Exhibit.A-1'annexed hereto; The'Shopping Center-.and.Tenant's.use 1 and:occupancy of the:Leased Premises, and Teinant's rights and obligationsi.l erein aresubject to all`matters of record. Landlord reserves the:use of-the-roof and exterior walls.of the Leased Premises.,and#he..right,from time to time; to install;maintain;;use,.repair;.place and replace utility lines;.pipes,ducts,conduits:and wires in, cin,or under .the'Leased`Premises (in locations, which shall iiot imterially.inter_fere with Tenant's use thereof)to serve<other:parts of orpremises in the.Shopping Center.: Tenantto`have reasonalite access to adjacent premises for the-.purposes.of Tenant's pest and rodent control. SECTION:1:02.. Use:of Additional':Areas. The..use and:occupancy"bythe Teiianhofthe Leased Premises shall nclude:the'use in'•comtnon with-.others entitled thereto.of the common a' as,employees'.parking areas;service;roads, loading facilities;. :sidewalks•and customer.car.parkingareas.showrrand depicted on Exhibit"A";;and other facilities.as. maybe designated from tiriie to time.bythe:Landlord,.subject.however to the.terms,and.conditions of this 'lease.:and'to.the reasonable rules:and regulations for.the.usethere6f as.prescribed from timeto time b b e Landlord. .1 Payments by Tenant'hereunder shall be:.made within twenty(20)days following receipt of Landlord's invoice therefore. SECTION 27.27. Trash and Dumpsters. All trash,refuse-,and the.like,,shall be kept in;covered trash receptacles,which trash receptacles shall be kept within the Leased Premises at all times,-and in no event stored outside of same; All trash, refuse. and the like shall be separated and otherwise disposed of as required by applicable law, and Tenant .agrees to fully cooperate with the Landlord in any recycling programs instituted by the Landlord. Common dumpsters may be provided by Landlord for tenants' use in locations determined by Landlord. Tenant -shall not be permitted to provide permanent dedicated units, unless otherwise agreed to by Landlord: If provision is made by the Landlord for common dumpsters and or trash removal by a contractor,Tenant agrees to use said dumpsters and contractors for.its trash removal and to pay when due Tenant's share of all charges at the rate reasonably established-therefor from time to time by Landlord. If the Tenant fails so to pay for such dumpsters and trash removal,the Landlord shall.have the same remedies(even if such payment is due to such contractor and not to the Landlord)as the Landlord has for nonpayment of rent hereunder. SECTION 27.28. Rider. A Rider consisting of three(3)pages, is attached hereto and made a part hereof. IN WITNESS WHEREOF;Landlord and Tenant have signed and sealed this lease as of the date first written. WITNESS: LANDLORD: 1211 OSGOOD STREET LLC By: (SEAL) rank Terranova Manager B ' Jame D'Angelo Manager 31 WITNESS: TENANT: lAbilo f Social 4Se u rity#: WITNESS: FARM 0,LLC By its Manager: BUSINESS DEVELOPMENT&MANAGEMENT,LLC L , i r t By: 114 L (SEAL) F 1 M. BoigRs Manager Tenant's Federal Tax.Identification I N.Andover Bakery Lease Execution /F TOWN OF NORTH ANDOVER Fire:Department Central Fire Headquarters--Fire Prevention Office 124 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH Andrew Melnikas o Telephone(978) 688-9593 Fire Chief o -9594 A FAX(978) 688-9594 Lt. F. McCarthy M p�g1T[o amelnikas cr,townofnorthandover.com Fire Prevention Officer "SSACHU finccarthy(u�,townof7lorthandover.com Town Clerk's Office 120 Main St. North Andover, Ma October 31, 2013 Karen, I inspected the former bakery at McLay's Plaza that Farnaro LLC is proposing to renovate and operate as a bakery. The Fire Department would be favorable in granting a common victualler's license after the owner meets certain requirements related to life safety. Once these requirements have been met the FD will inspect and test their systems prior to the building department conducting their inspection. If you have any questions or concerns please let me know. Regards Lt Frederick McCarthy Fire Prevention 978-688-9590 New Business Old Business Public Comment Public Hearing Town Manager' s Report Job PostingNacancy Log October 30, 2013 Date Position Department Hiring Manager Status Posted 10/30/13 Communications Police Richard Boettcher Posted Officers Full Time and On Call Part Time 10/30/13 Part Time Library Stevens Mary Rose Quinn Posted Assistant Memorial Library 9/5/13 Gas&Plumbing Building Gerald Brown Hired James Hurley effective 9/30/13 Inspector 6/20/13 Police Lieutenant Police Chief Gallagher Exam for Department Promotion held on 10/19/13. 6/20/13 Police Sergeant Police Chief Gallagher Exam for Department Promotion held on 10/19/13. 10/30/2013 4:25 PM i I i I I