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HomeMy WebLinkAbout2011-12-12 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f,1°RTH Tracy M. Watson, Chairman William F. Gordon A TEL. (978)688-9510 Rosemary Connelly Smedile *i e, FAX(978)688-9556 Donald B. Stewart 9SSACHUSE� ',. BOARD OF SELECTMEN&LICENSING COMMISSIONERS REVISED AGENDA DECEMBER 12,2011—7:00 p.m. TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. Open Session Minutes of December 5, 2011, as written B. Executive Session Minutes of November 28, 2011, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS V. CONSENT ITEMS A. Acceptance of State 911 Grant—Police Department B. Acceptance of SAFE Grant—Fire Department C. Filling of Vacancy—Departmental Assistant, Building Department VI. LICENSING COMMISSIONERS A. License Renewals for Calendar Year 2012 B. Establishments Request to extend hours of New Year's Eve VII. OLD BUSINESS A. "An Act Regulating State Primaries" B. 2012 Annual Town Meeting-Clarification C. FY12 Tax Classification—Final Vote VIII. NEW BUSINESS A. Mutual Agreement with Town of Andover—Local Building Inspector IX. PUBLIC COMMENT X. ADJOURNMENT BOARD OF SELECTMEN MINUTES DECEMBER 5, 2011 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman;William F. Gordon, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Assistant Town Manager Ray Santilli. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Donald Stewart, to approve the Executive Session Minutes of November 7, 2011. Vote approved 3-0. Rosemary Smedile recused. William Gordon made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of November 28, as written. Vote approved 3-0-1. Tracy Watson abstained. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC CdMME�VTt Running for Office Seminar Town Clerk Joyce Bradshaw announced that the Town Clerks of Andover and:North Andover and the League of Women Voters will be hosting a "Runnin g'for Office Seminar" at the North Andover Town Hall on Wednesday, January 18, 2012 at 7:00 p.m. The following offices are on the ballot for re-election: 2 seats for Ooard of Selectmen; 2 seats for School Committee; 1 seat for Town Moderator;iaad;1 seat North And;over;Housing Authority. Last day for filing election papers is Februaryt 2012 and the Town Election is March 27, 2012. PUBLIC COMMENT: Mr. Larry Allen of 3 Belmont'Street made comments regard,ing;statements.:that were made by 2 members of the Board of Selectmen to reporters.regarding;some work e 6­clone at his home by a specific contractor. ; CONSENT ITEMS; APPOINTMENTS William Gordon made a`MOTION,'seconded by Rosemary` Smedile, to approve the appointment of D. Paul Kochi Jr., Associate to Regular Member of the Zohing Board of Appeals. Vote approved 4-0. LICENSIN6COMMISSIONERS �. William Gordon made a MOTIW,;seconded by'Donald Stewart, to move into Licensing. Vote approved 4-0. E„ ,. Change of Manager of Common Victualler License Luci's Cafe, 1600 Osgood Street Tracy Watson made a MOTION,.seGonded by William Gordon, to approve the change of manager to James A. Giberson to manager Luci's Cafe at 1600 Osgood Street. Vote approved 4-0. Donald Stewart made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 4-0. NEW BUSINESS: Proposal "An Act Regulating State Primaries" Town Clerk Joyce Bradshaw brought this to the attention of Selectmen for their review and discussion. Woburn City Clerk William Campbell has put forth a bill H1972 "An Act Regulating State Primaries" to the Governor. H1972 would combine the presidential and state primaries to June 5, 2012. The bill will increase voter turnout, and reduce costs of elections by at least$8 million. Mr. Campbell is looking for affirmative votes of Boards of Selectmen and City Councils across the Commonwealth. The Board said they would review the bill H1972 and make comments at their next meeting. Board of Selectmen Minutes December 5, 2011 2 Draft Board of Selectmen 2012 Calendar of Meetings A draft calendar was presented for the Board's review for the 2012 Board of Selectmen Meetings. There was one change to the calendar due to the Town Election. The Chair may call additional meetings if necessary. William Gordon made a MOTION, seconded by Donald Stewart, to approve the following meeting dates: January 9, 23, February 6, 27, March 12, April 2, 23, May 7, 21, June 4, 18, 2012. Town Meeting has been scheduled for June 12, 2012. Vote approved 4-0. PUBLIC HEARING: Tax Classification Hearing Donald Stewart made a MOTION, seconded by Rosemary Smedile, to open the Public Hearing. Vote approved 4-0. Chief Assessor Garrett Boles informed the Board that he sent all of his reports to the MA Department of Revenue and was informed that the DOR has a backlog of paperwork and have not approved North Andover's submissions. As a result this will delay the official vote of the Selectmen on setting the Tax Rate at tonight's meeting. Selectmen will set the Tax Rate at their next meeting on December 12, 2012. Assessor Boles provided spreadsheets with tax values, quartile factor, and tax levy and estimated FY2012 tax rate for residential and commercial properties. If the Selectmen choose to keep the same shift% as last year, it would create a slight change in property taxes. On behalf of the Merrimack Valley Chamber of Commerce Will Carpenter requested that the Board consider not raising the tax rate on businesses. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to close the Public Hearing. Vote approved 4-0. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:10 p.m. Vote approved 4-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board I CONFIDENTIA!, Not A Public Document BOARD OF SELECTMEN EXECUTIVE MINUTES NOVEMBER 28, 2011 EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m. ATTENDANCE: The following were present: Clerk William F. Gordon; Rosemary Smedile, Licensing Chairman; Donald Stewart; Interim Town Manager James Purcell and Assistant Town Manager Ray Santilli. Note: Due to the absence of Tracy Watson, William Gordon took the role as Acting Chairman. Donald Stewart made a MOTION, seconded by Rosemary Smedile,to move into Executive Session to discuss negotiations with non-union and union employees. I Roll Call vote: William Gordon yes, Rosemary Smedile yes, Donald Stewart yes. Vote approved 3-0. Acting Chairman William Gordon declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. Negotiations- Unions Assistant Town Manager Ray Santilli told the Selectmen that a meeting was held last week with the Town's health insurance consultant and Blue Cross Blue Shield in regards to renewal of health insurance coverage as of March 1, 2012. The recent MA Municipal Health Reform Legislation allows municipalities to adopt the new§§ 21-23 of MGL c32B. These new sections allow a municipality to negotiate benefit changes with the unions and a retiree representative outside of the regular collective bargaining process. If no agreement is reached,the municipality may petition a Review Panel to approve the changes. In a future meeting probably in January,the Board will need to make some preliminary decisions as to possible Town proposals to the Union as negotiations will begin in calendar year 2012 with the three public safety unions. Both the Town's consultant and BCBS representative said it is more beneficial for the Town to reach and finalize the contributions to 75/25 percentage rate because it is everlasting. James Purcell asked if the Town setup a mitigation fund when the co-pays were increased and this would generate a savings. Purcell said that he did this in the last town he worked for and set aside $74,165 with additional co-pays and hold employees harmless by setting up a mitigation fund saved the town $320,000 in premiums and of the $74165, town spent$65,200 a net gain of$250,000 and no one loss anything. Negotiations—Non Union Interim Town Manager James Purcell plans to resign effective December 1"and recommends Assistant Town Manager Ray Santilli be appointed to the Interim Town Manger position until December 16th when our new Town Manager, Andrew Maylor starts working full time. Assistant Town Manager Ray Santilli requested an additional stipend of$500 per week for a two-week period of being the Interim Town Manager. Interim Town Manager James Purcell said that one of the tasks for Ray Santilli with the help of Lyne Savage would be to complete, and present a draft Capital Improvement Plan to the new Town Manager Andrew Maylor for him to fine tune. BOARD OF SELECTMEN November 28, 2011 Board members discussed various issues as to how to handle this matter and agreed that Ray Santilli would continue in his current role as Assistant Town Manager and complete the draft Capital Improvement Plan. Chairman Watson will contact Andrew Maylor and check on his availability and to decide if an Interim position is in fact needed. Rosemary Smedile made a MOTION,seconded by Donald Stewart, to have incoming Town Manager Andrew Maylor and Chairman Watson make a decision on the need to appoint an Interim Town Manager and whether a stipend should be in order for Ray Santilli for a two-week period. Vote approved 3-0. ADJOURMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile,to move out of Executive Session. Vote approved 3-0. Respectfully submitted, Adele J.Johnson, Administrative Secretary Executive Session: Massachusetts General Law Chapter 30A§21(a) (1):To discuss an individual,public officer,employee or staff member's reputation,character,physical condition or mental health (requires 48 hour advanced written notice to the individual) (2):Strategy session for negotiations,collective bargaining sessions,or contract negotiations with nonunion personnel(Use reason 2 for strategy or negotiations with non-union personnel and for actual bargaining sessions with unions) (3):Strategy session with respect to collective bargaining or litigation if an open meeting will hurt Committee's bargaining or litigating position&the chair so declares.(Use reason 3 for strategy related to union contracts and for litigation.) (4):Security personnel or device deployment or strategy (5):Investigate charges of criminal misconduct or consider filing criminal complaints (6):Consider purchase,exchange,lease or value of real estate if open discussion would hurt Committee's negotiating position (7):Comply with any general law,special law,or federal grant-in-aid requirements (8):Consider or interview applicants by a preliminary screening committee (9): Meet or confer with mediator (10):Discuss trade secrets w, mom' rr uui�o. muuiwu'uuuu ww�mum mnns "mui� _w m AM Wa ...Q. W= IIIOMwdHd f "t 0 E P A R T M E I ho Office of CHIEF OF POLICE TO: Raymond Santilli Assistant Town Manager FROM: Paul J. Gallagher / Chief of Police DATE: December 5, 2011 REF: Acceptance of State 911 Department Grant The Police Department has applied for and received a State 911 Department Training Grant in the amount of$15,547. This grant will be used for training our dispatchers in the Communications Center. The money has been approved for training overtime,training materials,the State Public Safety Dispatch Academy and various training classes. Acceptance of this grant will assist the department in our ongoing effects to provide the best possible training to our Communications Center personnel. Please place the acceptance of this grant on the agenda for the December 12,2011 Board of Selectmen meeting. Encl: Grant Letter—Dated December 5, 2011 Grant Contract—Approved December 5,2011 Copy of Grant Submission—Dated October 6, 2011 1475 OSGOOD STREET, Nf:712TH ANDOVER, MASSACHUSETTS' 01.84`] 9'78­68:3­3168 1£,3 [^`ax: 9'/8--686-1212 The Commonwealth of Massachusetts EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY EMEpQEA @Y STATE 911 DEPARTMENT �.�.� 1380 Bay Street, Building C -- Taunton, MA 02780-1088 Tel: 508-828-2911 - TTY. 508-828-4572 Fax: 508-828-2585 g°°°°•FG"• www.mass,gov/e911 DEVAL L.PATRICK MARY ELIZABETH HEFFERNAN Governor Secretary of Public Safety and Security TIMOTHY P.MURR.AY FRANK PozNuK Lieutenant Governor Executive Director December 5, 2011 Mr. James P. Purcell, Interim Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Dear Mr. Purcell The Commonwealth of Massachusetts, State 911 Department would like to thank you for participating in the FY2012 State 911 Department Training Grant program. For your files, please find attached a copy of the contract signed by both parties. Please note your contract start date is December 5, 2011 and will run through June 30, 2012, Please keep in mind that there shall be no reimbursement for costs incurred prior to the effective date of the contract and all goods and services MUST be received on or before June 30, 2012. We have made the reimbursement request forms available on our website www.mass.gov/e9ll. For any questions related to the reimbursement process, please contact Michelle Hailahan at 508-821-7216, If, in the future, you would like to make any changes to the authorized signatory, the contract manager, and/or the budget worksheet, please e-mail those proposed changes to 911deptgrants0state.ma.us. Grantees are strongly encouraged to submit final, year-end budget modification requests on or before May 15, 2012. Sincerely, /-v � P"f Frank P. Pozniak Executive Director cc: State 911 Department FY 2012 Training Grant File This form is jointly issued and published by the Executive OAK*for Administration and Finance IANF),the Q2g§of the motmiter(QTR)and the Operational Services Division QJQJ as the detauitcontract for all Commonwealth Departments when another form is not prescribed by regulation or polity.Any changes to the official printed language of this form shall be void. Additional non-conflicting terms may be added by Attachment,Contractors may not require any additional agreements,engagement letters,contract forms or other additional teams as part of this Contract without prior Department approval. Click on hypedinks for definitions,Instructions and legal requirements that are incorporated by reference Into this Contract An electronic copy of this form Is available at www.mass.gov/osc under Guidance for Venaors-Forms or wwmmass.govlosd under 0SD Forms. CONTRACTOR LEGAL NAME:Town of North Andover-Police Department COMMONWEALTH DEPARTMENT NAME: State 911 Department (and d/Wa): MMARS Department Code: EPS Leroai Address;(W-9,W4,TBC):120 Main Street,North Andover,MA.01845 Business Mailing Address: 1380 Bay Street,Building C,Taunton,MA 02780 Contract Manager. Lyne Savage,Budget Direetorfrown Accountant Biltinn Address(if different): ; v: - 1 tad; fsavage�ofnodhandovencom Contract Manager: Madtyn Godfrey Phone: 978488-9523 Fax:978888.9522 K-MaLll.911DeptGmnts@state.ma.us Cot ractarVanciorCode: lie"&0401f1910 h rLe:50&821-7299 Fax: :5084128.26135 i 2 Vendor Code Address 10(ea.9AD001-): AD od1 MMARS Doc 10(s): CT GRNi I (Note:The Address Id Most be set up for _W payments,) RFRIProcureriwnt or Other ID Number. Training Grant _ X NEW CONTRACT _ CONTRACT AMENDMENT T� J PROCUREMENT OR EXCEPTION TYPE:(Check one option only) Enter Current Contract End Oat f&to Amendment •20 _Statewide Contract(OSD or an OSD-designated Department) Enter Amendment Amount$ .(or'no change') Collective Purchase(Attach OSD approval,scope,budget) AMENDMENT TYPE:(Check one option only.Attach details of Amendment changes.) X Department Procurement(includes State or Federal grants 615 CMR 2.001 Amendment to Scone r Btrdoet(AGach updated scope and budget) (Attach RFR and Response or other procurement oreme supporting documentation) ^Interim Contract(Attach justifcatlon for Interim Contract and updated scopelbudget) _Emergency Contract (Attach Justification foremergency,scope,budget) — _,Contract Employee(Attach Employment Status Form,scope,budget) _Contract Employee(Attach any updates to scope or budget) —Legislative/Legal or Other,(Attach authorizing languagerjustification,scope and _Leoislativell-eaal or Other:(Attach authorizing languagerjustifcation and updated scope and budges) budget) The following GO�tfAD�li�iFAt (j RMS A�yll Ct7}(� OC�S(T&C)has been executed,filed with CTR and is incorporated by reference Into this Contract -2L Commonwealth Terms and Conditions _Commonwealth Terms and Conditions For Human and Social Services COMPENSATION:(Check ONE option):The Department certifies that payments for authorized performance accepted in accordance with the temps of this Contract will be supported In the state accounting system by sufficient appropriations or other non-appropriated funds,subject to intercept for Commonwealth owed debts under 8%CMR 9.00. _Ririe Contra ht(No Maximum Obligation.Attach details of all rates,units,calculation,conditions or terms and any changes If rates or terms are being amended) Maximum Oblloallon Contract Enter Total Maximum Obligation for total duration of this Contract(or now Total I Contract is being amended),$ 15.547.00 PROMPT PAYMENT DISCOUNTS(PPD): Commonwealth payments are issued through EFT 45 days from invoice moeipt Contractors requesting accelerated payments must identify a PPD as follows: Payment Issued within 10 days_%PPD;Payment Issued within 15 days_%PPD;Payment issued within 20 days_%PPD;Payment Issued within 30 days_%PPD, if PPD percentages are left blank,Identify reason:-JAme to standard 45 day cycle_statutoryAegal or Ready Payments(G.L.c.29.1 23A);_only initial payment(subsequent payments scheduled to support standard EFT 45 day payment cycle,See Prompt Pay DisoounILEq1&J BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT:(Enter the Contract Me,purpose,fiscal year(s)and a detailed description of the scope of performance or what is being amended for a Contract Amendment Attach all supporting documentation and justifications.) For disbursement of funds under the State 911 Department Training and Emergency Medical Dispatch Grant as authorized and awarded In compliance with program guldefines and grantees approved app iicabon, ANT IPATEE1 Sgp#MD _: (Complete ONE option onty)The Department and Contractor certify for this Contract,or Contract Amendment,that Contract obligations: X 1,maybe Incurred as of the Effective Date(latest signature date below)and QQ oblIptions have been incurred jga to the Effective Date. —2.maybe incurred as of -2O_,a date LATER than the Effective Date below and D2 obligations have been incurred Rf f to the Effective Dale. 3.were incurred as of 20_,a data PRIOR to the Effective Date below,and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made ertheras settlement payments or as authorized reimbursement payments,and that the details and circumstances of all obligations under this Contract are attached and Incorporated into this Contact Acceptance of payments forever releases the Commonwealth from further claims related to these ob i ations. CONTRACT END DATE: Contract performance shall terminate as of Juno3Q.2012 ,with no new obligations being incurred after this data unless the Contract is properly amended, provided that the terms of this Conrad and performance expectations and obligations shall survive its termination for the purpose of resolving any daim or dispute,for completing any negotiated terms and warranties,to allow any close out or transition performance,reporting,Invoking or final payments,or during any lapse between amendments, CERTIFICATIONS Notwithstanding verbal or other representations by the parties,the-Effective Date"of this Contract or Amendment shall be the latest data that this Contract or Amendment has been executed by an authwrized signatory of the Contactor,the Department,or a later Contact or Amendment Start Date specified above,subject to any required approvals. The Contactor makes all certifications required under the attached Contractor Certifications Qncorporated by reference H not attached hereto)under the pains and penalties of perjury,agrees to provide any required documentation upon request to support compliance,and agrees that all terms governing performance of this Contract and doing business In Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence,the applicable Commornvealth Terms and Conditions.this Standard Contact Form including the Instructions and Con�ctor Certifications,the Request for Response(RFR)or other solicitation,the Contractors Response,and additional negotiated terms,provided that additional negotiated temps will take precedence over the relevant terms in the RFR and the Contractors Response only H made using the process outlined In 801 CMR 21.07.Incorporated herein,provided that any ar std RFR or Response terns result In best value,rawer costs,or a more oust effective Contract A H IZING SIG ) dRE e E CONTRACTOR, ALJTH O SI ATURE FOR THE COMMONWEALTH X: l� Date:/ if X. �� _� Date: (Signature nd Date Must Be Ha mdwritten At Time f Signature) (Signature and Date Must Be Herdwriften At T(me ore) P/ Name: James P.Purcell Print Name: Frank Porrilak PNnt Title: Interim Town Menaner PdM Title: Executive Diroctar _ %so YRS NORTH ANDOVER FIRE DEPARTMENT a �a CENT u AL FIRE HEADQUARTERS 124 Mahn Street CHUB��� North Andover, Mace. 0105 ANDREW V. MELNIIAS Chief (979) 688-9593 Fire Chief Business (978) 0-9590 [;men" (976) 696-95944 To: Ray Santilli, Asst,Town manager From: Andrew Melnikas, Fire Chief Date: December 7, 2011 The North Andover Fire Department has been awarded the FY 2012 Student Awareness of Fire Safety Grant in the amount of$5,265.00. This money is used to educate students in the town schools about fire safety through the use of the fire safety trailer along with classroom training. Monies are also used for the purchase of educational supplies for the students. I am asking that the acceptance of this grant be placed on the agenda for the next Board of Selectmen's meeting. Andrew Melnikas, Fire Chief SERVING PROUDLY SINCE 1921 q ti ya�& 6;&y and Q(zecal� GSM s�av �✓'.'� 93oz -1025^ICJ '& Roar` DEVAL L.PATRICK C� ur> _ /J ��P4 OII75 STEPHEN D. COAN GOVERNOR I6 UI& STATE FIRE MARSHAL TIMOTHY P.MURRAY (,978)567-3-100 978)5C7-3-121 LT.GOVERNOR MARY ELIZABETH HEFFERNAN SECRETARY I December 2, 2011 Chief Andrew Melnikas North Andover Fire Department 124 Main Street North Andover, MA 01845 Dear Chief Melnikas: I am pleased to inform you that your FY 2012 Student Awareness of Fire Education (S.A.F.E.) grant application has been approved for funding. The North Andover Fire Department has been awarded $5,265.00 in state funds. Please return the enclosed contract form and the contract authorization form (where the municipality says who is authorized to sign contracts on its behalf) to the Department of Fire Services (DFS) to the attention of Fiscal Affairs. Once these documents have been received, DFS will sign the contract and send you a copy. Fire departments may only begin to incur costs upon receipt of the executed contract. Be sure to alert your treasurer and to check with them to ensure receipt of the funds. We expect funds to be electronically distributed in early January. All grantees are required to submit the FY 2011 year-end report to DFS by December 31, 2011. If there are any unexpended funds, the grantee may apply for a one-time 6-month extension, which will be part of the year-end report form. At the close of the single 6-month extension, all unexpended funds must be returned to the Commonwealth. At this time, any FY 2010 funds remaining after December 31, 2010, or if an extension was received, after June 30, 2011, must be returned to the Commonwealth. Seventeen years ago, the fire service advocated to the legislature for the creation of the S.A.F•E. Program. Since that time we have reduced average annual child fire deaths by 66%. 1 thank you for your commitment to the S.A.F.E. Program and for your continuing efforts to the raise a fire safe generation of children. If you have any questions please feel free to contact Jennifer Mieth at (978) 567-3381 or the S.A.F.E, staff at (978) 567-3388. Sincerely, Stephen D. Coan State Fire Marshal • S� LLD��S COMMUNITY DEVELOPMENT DIVISION Building (onservation Health Planning Zoning MEMORANDUM TO: Raymond Santilli, Asst. Town Manager FROM: Curt Bellavance, Director RE: Fill vacancy DATE: December 7, 2011 Please accept this submission as a request through your office, for the Board of Selectmen's approval, to advertise and fill the position of Departmental Assistant for the Building Department. The current position is filled by Mary Ippolito who will be retiring on January 4, 2012. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townof north andover.corn TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01 845 NORTH Tracy M. Watson, Chairman ( William F. Gordon 978 688-9510 ° = A TEL. ) Rosemary Connelly Smedile *i b FAX(978)688-9556 Donald B. Stewart SSICHUSE ''. ADDENDUM TO BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA December 12,2011 VI. LICENSING COMMISSIONERS B. Establishments Request to extend hours of New Year's Eve C. Lottery Commission "Keno To Go" LaBottega Wine&Beer, 1820 Turnpike Street TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH OFsr`eD M1a 2 yt; •.1a 4 6O Joyce A.Bradshaw,CMMC = A Telephone(978)688-9501 Town Clerk, * * FAX(978)688-9557 �ITS ACHus MEMORANDUM TO: Rosemary Conelly Smedile, Chairman, Licensing Comm. Members of the Board of Selectmen Raymond Santilli, Asst. Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk SUBJECT: New Year's Eve hours DATE: December 8, 2011 The following three (3) establishments wish to be open until 2 am on New Year's Eve: Orzo's China Blossom Camelot Last year the Board voted to allow the above named businesses to remain open until 2:00 am with the service of alcohol to end at 1:00 am. Should the Board vote in favor of this, I will notify the owners/managers in writing of your approval. A favorable recommendation is included from the Police Department. If you have any questions/concerns please do not hesitate to contact me or Joyce Bradshaw. Thank you. Massachusetts State Lottery Commission 60 Corum6ianStreet r F-'EC4IVED Braintree, Wassaehusetts 02184-1738 Licensing Tax• (781 849-5656 401 w �� � STEVEN GROSSMAN PA e1IE'Tl' �.,=RIafRG Treasurer and Wrceiver General- F ec IMe' r�ctorS December 8,2011 Town of North Andover Board of Selectmen 120 Main Street North Andover, MA 01845 Dear Sir/Madam: The Massachusetts State Lottery is offering existing, non-pouring agents our KENO To Go game, a transaction which is identical to the already existing on-line games, such as Megabucks and Mass Cash. At this time,the Lottery is not providing agents with a KENO monitor as part of this program. In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified that the followrn agent(s) m our community will be sent an application and agreement to sell the g *existing • Y Y pP g KENO To Go product: LA BOTTEGA WINE&BEER 1820 TURNPIKE ST N ANDOVER,MA 01845 If you object to these agent(s) selling KENO To Go,you must do so, in writing,within,twenty-one (21) days of receipt of this letter. Please address your written objection to William J. Egan, Jr., General Counsel, Massachusetts State Lottery Commission, 60 Columbian Street, Braintree,MA 02184'. Should you have any questions regarding this program or any other issue relative to the Lottery, please call me at 781-849-5555. I look forward to working with you as the Lottery continues its' efforts to support the 351 cities and towns of the Commonwealth. Sincerely, Paul R..Sternb'urg Executive Director Certified Mail-Return Receipt Requested: 7004 2510 0000 8415 1613 (12-11) Supporting tfiie 351 Cities and Towns of Massachusetts Fitzgibbons, Karen From: Carney, John Sent: Thursday, December 08, 2011 2:45 PM To: Fitzgibbons, Karen Cc: Gallagher, Paul Subject: RE: New Year's Eve hours The Police Department has no objection to these three establishments staying open until 2:00 AM on New Year's Eve. Lt. John Carney Operations Division Commander North Andover Police Department 1475 Osgood Street North Andover, MA 01845 978-683-3168 jcarney�ic napd.us From: Fitzgibbons, Karen Sent: Thursday, December 08, 2011 2:43 PM To: Carney, John Cc: Bradshaw, Joyce Subject: New Year's Eve hours Hi Lt. Carney, China Blossom, Orzo's and Camelot wish to remain open on New Year's Eve until 2 am with service of alcohol to cease at 1 am. I am looking for the Police Department's approval/disapproval to include in the Selectman's packet due by 4:30 pm today. As always,thank you for your co-operation. Karen A-76Wowd 978-688-96'O.1 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm, 1 Vassacfiusetts State Lottery Commission _ 60 Cofum6tan Street r E C 4�V E D Braintree, 9tassachusetts 02184-1738 I DEC Licensing TwG- (781 849-5656 Lo I w PH � STEVEN GR0SSMAN PA P r f� I��UI�TfRG Treasurer and�R§ceiver General 1 F ecu I c 0`r5 December 8,2011 Town of North Andover Board of Selectmen 120 Main Street North Andover, MA 01845 Dear Sir/Madam: The Massachusetts State Lottery is offering existing, non-pouring agents our KENO To Go game, a transaction which is identical to the already existing on-line games, such as Megabucks and Mass Cash. At this time,the Lottery is not providing agents with a KENO monitor as part of this program. In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified that the following exikin agent(s) in your community will be sent an a pp lication and agreement to sell the KENO To Go product: LA BOTTEGA WINE &BEER 1820 TURNPIKE ST N ANDOVER,MA 01845 If you object to these agent(s) selling KENO To Go,you must do so, in writing, within.twenty-one (2 1) days of receipt of this letter. Please address your written objection to William J. Egan,Jr., General Counsel,Massachusetts State Lottery Commission, 60 Columbian Street, Braintree,MA 02184-. Should you have any duestioils regarding this program or any other issue relative to the Lottery,please call me at 781-849-5555. I look forward to working with you as the Lottery continues its' efforts to support the 351 cities and towns of the Commonwealth. Sincerely, Pahl R.Sternb'urg , Executive Director Certified Mail-Return Receipt Requested: 7004 2510 0000 8415 1613 (12.11) Supporting the 351 Cities and Towns ofWassac(usetts TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 i NORTH 0��,�eo eb gtiO •. Joyce A. Bradshaw, CMMC F A Telephone(978)688-9501 Town Clerk, * * FAX(978)688-9557 q�R4To APP .(�7 �SSACHUSE� MEMORANDUM TO: Rosemary Connelly Smedile, Chairman Licensing Comm. Members of the Board of Selectmen Raymond Santilli, Asst. Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Cleric SUBJECT: Licensing Renewals for 2012 DATE: December 7, 2011 I respectfully submit the attached list of establishments for your review in approving their licenses for the calendar year 2012. With regards to the Section 12 (alcohol licenses), the Building Inspector and Fire Chief have signed off on their joint inspection. Valid copies of the signed forms are in the Town Clerk's Office files. All appropriate paperwork regarding Worker's Compensation Insurance and Alcohol Liability Insurance is likewise in our office files. Under Fire Safety Regulation, effective June 1, 2011, all Section 12 licensees (alcohol licenses) with: 1. With an occupant load of 100 or more persons and 2. Who are a: (a) "nightclub, dance hall, discotheque or bar" or who (b) feature entertainment by a live band or recorded music generating above normal sound levels and have a specific area designated for dancing must have a trained Crowd Manager in the licensed premises at all times that they are open to patrons. According to the North Andover Fire Department three (3) establishments have been identified as needing a Crowd Control Manager: China Blossom, Camelot and the VFW. A Crowd Control Manager has been identified at all three locations. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. Thank you. TOWN OF NORTH ANDOVER Licensing Commission 2012 LICENSE RENEWALS-DECEMBER 12,2011 Common Victuallers-All Alcohol-$3,000 Occupancy Establishment 106 Aglio, Inc. d/b/a/Orzo Cafe Trattoria(M35,P27) 1077 Osgood Street (PP8-2-229) Michael A. Reppucci, Manager (978)686-6921 ABCC#082600035 85 TRJ Line Inc.d.b.a. Culpper's (M98D,P44) 815 Turnpike Street James A. Tringale, Manager (978)794-1100 ABCC#082600038 184 Bertucci's Restaurant Corp. (M24,P32) (PP9-2-195) d/b/a Bertucci's Brick Oven Ristorante Mail to:155 Otis Street 435 Andover Street Northboro, MA 01532 Steven Gerrish,Manager Attn: Renee' LeBlanc (978)685-4498 ABCC#028600001 106 Buono Bistro,LLC 202 Sutton Street Manager: Tara Kennedy 161 The Restaurant Group Inc. d/b/a Joe Fish (M35,P36) (PP 2-235) 1120 Osgood Street James Dietz,Manager (978)685-3663 ABCC#082600007 250 up Camelot Building Association,Inc. d/b/a Camelot(M74,P23) (PP8-2-303) 100 dwn 505 Sutton Street Susan Zeytoonian, Mgr,ABCC Approval) (978)687-9136 (978-688-6812 - John S. Thompson) ABCC#082600012 Func.Rm 221 China Blossom,Inc. (M74,P3) (PP9-2-50) Main Din 106 946 Osgood Street Lounge 188 San Joe Chu, Manager Rear Din 66 (978)682-2242 ABCC#082600012 1 52 Chipotle's Mexican Grill of Colorado,LLC d/b/a Chipotle's Mexican Grill (PP2-865) 93 Turnpike St Edward Andino, Manager (978)688-1883 76 Shunju Chinese &Japanese Restaurant(M981),P69) (PP9-2-354) 733 Turnpike Street Chiun Hui Chan, Manager(978)681-1888 ABCC#082600026 220 The Loft Rest. (M35,P53) (PP9-2-121) 1140 Osgood Street James Dietz, Manager (978)686-0026 ABCC#082600008 180 99 Restaurant of Boston, Inc. (M46,P3)(PP9-2-2115) Corp Office: 267 Chickering Road O'Charlies Licensing Dept. FID 82-0573657 3038 Sidco Drive Charles O.Noyes, Manager Nashville, TN 37204 (978)683-9999 ABCC#082600003 Fax 615-742-8136 i 88 Shadi's, Inc. d/b/a/Shadi's Restaurant(M84,P28-4B)(PP9-2-802) 585 Chickering Road Michel Asmer, Manager (978)685-5722 ABCC#082600031 95 North Andover Restaurant, Inc. d/b/a Rolfs(M18,P1)(PP9-2-10) 39-41 Main Street Lesley Carlson, Manager (978)687-9712 ABCC#082600005 68 Bollywood Grill (M27,P27) (PP9-2-501) North Andover Mall 350 Winthrop Avenue Malkiat Singh Gill ABCC#082600029 111 Casa Blanca 1070 Osgood Street (PP9-2-755) Maria G. Hernandez ABCC#082600044 (978)683-1177 180 Burtons Grill Corp.Burton Grill LLC 109 Turnpike Street 315 Main Street, Ste 201(PP9-2-608) Patrick Gordon,Manager North Reading,MA 01880 (978)688-5600 Attn: Mary Dixon 2 The Faria Restaurant Group,LLC d/b/a Jaime's (PP 2-860) 25 High Street Jaime Faria, Manager (978)655-4735 The Boston Dough Co. (under construction) d/b/a Chama Grill 115 Main Street Shahram Naghibi, Mgr. ABCC #082600062 FUNCTION FACILITY ALL ALCOHOL-$3,000.00 Stevens Estate(Tax Exempt) 723 Osgood Street Erin Flannery, Manager (978)682-7072 Restaurant-Wine & Malt-$2,000 256 Fuddruckers, Inc. (PP9-2-245) 550 Turnpike Street James Boland, Manager (978)557-1100 ABCC#082600034 62 Jimmy's Famous Pizza (PP9-2-63) 1591 Osgood Street Nicholas Papantonakis, Manager (978)685-7776 101 Stachey's Pizza (PP2-690) 9 High Street Terrence Holland, Manager (978)683-1999 Club-All Alcohol-$2,000 Main 200 Club 2104, Inc. (M71,P41)Tax Exempt Ground 150 Park Street Joseph J. Lynch, Manager (978)687-9614 ABCC #082600010 3 Bar 30 North Andover Country Club, Corp. (M64,P6) (PP9-2-22) Dining 40 500 Great Pond Road Card Rm 10 James Simmons, Manager 2 n F120 (978)687-7414 ABCC#08260004 Basement 30 204 Edgewood Retirement Community (PP-9-2-286) 575 Osgood Street Marlene Rotering, Manager (978)725-3300 ABCC#082600039 Special (Section 14)Wine& Malt-$1,100: Merrimack College—Campus Center: Community Dining Room, Residence Dining Hall, Gildea Conf. Center, The Shine Lounge, Fireplace Lounge, TV Lounge, Front Lounge, Comm. Lounge&Multi Purpose Room used on occasional basis during special events, Warrior's Den, Sunday thru Saturday and the Blue Line Club at the Volpe Center. 315 Turnpike Street C. Alexa Abowitz, Esq., Manager (978)837-5150 Packalle Store-Wine& Malt and Sunday Permits- $1,500: LaBottega 1820 Turnpike Street(Pending ABCC approval) Angela Paolini,Manager Richdale Dairy Stores, Inc. (M46,P29) (PP9-2-351) 75 Chickering Road Kevin Sharpe,Manager (978)687-9883 ABCC#082600016 Richdale Convenient Store (PP9-2-350) 4 Main Street Mohammad Alam,Manager (978)686-5999 Yente,LLC (PP9-2-819) 1503 Osgood Street Tracy Adley, Manager (978)682-0081 Package Store-All Alcohol and Sunday Permit-$2,000: McCraken's Liquors and Wines, Inc. (M84,P5) (PP9-2-97) 531 Chickering Road 4 Andrew Buco. Manager (978)682-8029 ABCC#082600017 64 Main Street Liquors, Inc. (M29,P19) (PP9-2-21) 64 Main Street Joanne Melillo, Manager (978)685-5302 ABCC#082600024 I Butcher Boy Meat Market, Inc. (M35,P27) (PP9-2-227) 1077 Osgood Street Evon Yameen, Manager (978)688-1511 ABCC#082600025 Tutto Bene LLC d/b/a Wine Connextion (M29,P48) 117 Main Street Salvatore Messina,Manager (978)686-9649 ABCC#082600019 Den Rock Liquor Mart, Inc. (PP9-2-442) 54 Peters Street William J.Burliss, Manager ABCC#082600023 (978)683-2216 Tuscan Market, Inc.-The Vineyard (M25,P1) (PP9-2-218) 550 Turnpike Street William Dwyer,Manager (978)688-5005 ABCC#082600036 Wine &Beer at the Andovers, LLC (PP9-2-805) d/b/a Liquor, Wine &Beer at the Andovers 350 Winthrop Avenue(342 Winthrop Avenue) Bill Buco,Manager (978)686-1864 Voted at Town Meeting to increase quota 2007' Approved—July 11, 2008-Enacted Legislation Virginia, Inc. dba J&M (PP9-2-400) 701 Salem Street Michael J. Xenakis,Manager (978)974-0900 ABCC#082600040 Approved—June 7, 2010—By ABCC-Quota Exception Approved by Enacted Legislation 5 Common Victualler: $75.00 Amici's Pizzeria (PP2-712) 127 Waverley Road Leo Altovino/Dan Sarno Managers (978)725-9339 A Haute Dish 2-4 Johnson Street Jennifer Broberg 508-612-3774 Brigham's,North Andover (M27,P27) (PP9-2-172) Winthrop Avenue Fari Tayarani (978)682-0824 Burke's Den Rock Mobil (M26,P7)(PP9-2-186) 350 Winthrop Avenue William F. Burke (978)682-2951 Butcher Boy Meat Market (M35,P27) 1077 Osgood Street Evon Yameen, Manager (978)688-1511 The Cafe' (M28,P1) (PP9-2-153) 208 Sutton Street Charles A.Matses (978)685-1977 Captain Pizza (M98D,P69) (PP9-2-133) 733 Turnpike Street Soterios Kareklos &Robert Safi (978)975-1230 Carrol's d/b/a/Burger King#260 (M24,P67) Mailing Address: Carrols Corp. 188 Turnpike Street 968 James St. Paul Flanders, Executive VP P.O. Box 6969 (978)685-4490 Syracuse,NY 13217-6969 Attn: Michele Brunozzi 6 China Wok Restaurant (M30,P1) (PP9-2-150) 129C Main Street Sam H. Hoag, Manager (978) 689-4495 Demoulas Supermarket(M27,P27) Winthrop Avenue Joe Amaral, Manager (978)688-6322 North Andover Donut, Inc., d/b/a Dunkin Donuts (M30,P1) (PP9-2-23) 129 Main Street Gregory Cafua,Manager (978)794-0466 MICA Donuts, Inc. d/b/a Dunkin' Donuts (M98D,P69)(PP9-2-168) Jasmine Plaza, 733 Turnpike Street Gregory Cafua,Manager (978)975-0600 Jane Donut Inc, d/b/a Dunkin Donuts (PP9-2-401) 982 Osgood Street Gregory Cafua,Manager (978)681-9962 Charoltte Donuts, Inc. d/b/a Dunkin Donuts (PP9-2-360) 535 Chickering Road Gregory Cafua,Manager (978)557-1109 MaryAnn Donuts, Inc. d/b/a Dunkin Donuts (PP9-2-364) 701 Salem Street Gregory Cafua,Manager (978)794-9411 Dunkin Donuts (PP9-2-820) 1501 Osgood Street Mark P. Cafua,Manager Santoro Enterprises,LLC (PP2-861) d/b/a Good Day Cafe 19 High Street John and Kathy Santoro (978)688-6006 7 Michael Glenn, Inc. d/b/a/Harrison's Restaurant(M46,P31) 80 Chickering Road (PP9-2-187) Alberta McMains-Michael Glenn; Alberta McMains, Manager (978)687-9158 J&M Sub Shop(M29,P40) 69 Main Street Christopher Vasilopoulos (978)682-1481 Jasmine's Famous Roast Beef (PP-2-751) 1060 Osgood Street Amr Abdel Fattah, Manager (978)685-1500 Joe's Flaming Kabob (PP9-2-272) d/b/a Joe's Landing Cafe' 492 Sutton Street Joseph Chedid (978)682-8822 Kitchen of the Bay State d/b/a (M29,P48) (PP9-2-164) Bay State Chowda Company 109-123 Main Street Michael Lamattina (978)685-9610 LazerCraze (PP9-2-670) 1600 Osgood Street Gregory Hughes (978)689-7700 Lobster Tail Seafood (M35,P27) 1081 Osgood Street Mark Smith, Manager (978)685-2127 Luci's Cafe 1600 Osgood Street James Giberson, Manager (978)807-7195 Mad Maggie's Ice Cream (PP2-636) 1025 Osgood Street Stephen&Margaret Reppucci, Managers (978)685-2814 8 McDonald's Restaurant (M83,P3) (PP9-2-106) Rte 125 at Walker Road Charles Lietz, Manager (978)685-9757 Mediterranean Villa (PP 2-709) 133 Main Street Tony Mantas 617-818-2017 Merrimack College d/b/a The Hungry Warrior(Tax Exempt) (PP9-2-152) South Volpe Athletic Complex 315 Turnpike Street Alexa Abowitz, Manager M&K Inc d/b/a Pizza Factory (PP9-2-291) 535 Chickering Road Konstantinos Panousos, Manager (978)682-0088 North Andover Booster Club (M098A,P36) Carl Thomas Playground, Dana Street William McCarthy,President 161 Campbell Road (978)688-9590 Panera Bread (PP9-2-447) Mail To: PR Restaurant LLC 58 Peters Street 17 Fellsmere Road, David Peterson&Mitchell Roberts Newton, MA 02459 (978)749-0637 Attn: Mitchell Roberts Perfecto's of North Andover,Inc. (M35,P27) (PP9-2-318) 1115 Osgood Street Phil Jay, Manager (978)689-4292 Quic Pic (M84,P5) 533 Chickering Road Stephen Mancuso.,Manager (978)686-2798 Richdale Dairy Stores, Inc. (M46,P29) (PP9-2-351) 75 Chickering Road Kevin Sharpe, Manager (978)687-9883 24 hours Richdale Dairy Stores, Inc. (M28,P18) (PP9-2-350) 4 Main Street Mohammed J. Alam,Manager (978)686-5999 9 Sal's Just Pizza (M71,P25) (PP9-2-163) 476 Chickering Road Salvatore Lupoli,Manager (978)689-7374 Sam's Mobil Mart (PP9-2-118) 12 Mass Avenue Samuel J. Ameen Jr. (978)689-2719) I Smolak Farm (M104C,P16) (PP9-2-127) 315 South Bradford Street H. Michael Smolak,Jr. (978)682-6332 Starbucks' Coffee (PP 2-406) Starbucks Fax#206-318-3197 562 Turnpike Street P.O. Box 34442 Tax 2 (PP9-2-479) Ryan Choi, Manager Seattle, WA 98124 (978)975-7229 Star Pizza (M29,P46) (PP9-2-28) 11-15 First Street Paul Dedoglou,Manager (978)683-0472 Stop& Shop (PP2-338) 757 Turnpike Street(125 Willow Street) Kenneth McGuiness, Manager (978)683-9666 Sultan Mediterranean Caf6 Inc d.b.a. Sultan Mediterranean Cafe Issam Ramey, Manager 166 Sutton Street (978) 686-3809 Virginia, Inc. dba: Taki's Pizza 705 Salem Street James M. Xenakas (978)682-8200 Tuscan Market Inc. d/b/a The Vineyard (M25,P1) 554 Turnpike Street (PP 2-191) William Dwyer, Manager (978)688-5005 10 i Class II-$100: North Andover Getty (M98D,P9) (PP9-2-135) Change Name to:North Andover Auto Sales 785 Turnpike Street Roger G. Feghali (978)685-3295 Transfer 2/4/91 Max. 4 Vehicles F. Jack Kinsman (M71,P26) (PP9-2-125) Kinsman Auto Sales 145 Andover By-Pass (978)682-6351 Max 6 Vehicles Charles McAllister d/b/a/In-Laws, Inc. (M28,P23) (PP2-97) 200 Sutton Street Charles McAllister (978)688-4332 Maximum 3 vehicles Main Street Service (M29,P42) (PP 2109) 77 Main Street (PP9-2-94) Mary McElhiney (978)687-9788 Maximum 12 vehicles North Andover Auto Computer&Diagnostics (M34,P44) 1615 Osgood Street Mark A. Valentino (978)687-1388 -Max 18 vehicles for sale-Total of 25 vehicles allowed Towne Auto Body (M77,P13) (PP2-271) 307 Clark Street Donna Myers (978)975-8700 Maximum 15 vehicles Ray Finocchiaro 1 I Riverview Street BodyWorks Auto Body (PP9-2-194) 1175 Turnpike Street R. Justin McElhiney (978)688-1961 11 Silverstone Motor Cars Internet Sales of Used cars 2350 Turnpike Street Paul Fluckiger Class III-$100: Bob's Auto Parts (M106D,P38) 44 Ash Street (PP 2-96) Robert&Joan Houghton (978)686-7652 Automatic Amusement Device- $100/Machine: TRJ Line Inc. (M98D,P44) d/b/a Culpeppers Pub &Grille 815 Turnpipke Street (2 - CD Juke Box/Video Arcade Game) Camelot Building Association, Inc. (M74,P23) 505 Sutton Street Susan Zeytoonian, Manager (4 Automatic Amusement Devices -2 Pool Tables,Juke Box, Multi Game Machine Fuddruckers, Inc.(M25,Pl) 550 Turnpike Street James Boland, Manager(8) N.A. Restaurant d/b/a Rolf s(M18,P1) 39 Main Street Leslie Carlson (978)687-9712 (2 Automatic Amusement Device Megatouch Ion 2006,Superbowling) Club 2104,VFW (Tax Exempt) Park Street Joseph Lynch,Manager (978)687-9614 (4 Automatic Amusement Devices-Juke Box) 12 LazerCraze 1600 Osgood Street Gregory Hughes (20 Automatic Amusement Devices) Entertainment Licenses: $100.00 106 Aglio, Inc. d/b/a/Orzo Cafe Trattoria(M35,P27) 1077 Osgood Street Michael A.Reppucci, Manager (978)686-6921 Cable TV—Wide Screen TV 85 TRJ Line Inc.d.b.a. Culpeppers (M98D,P44) 815 Turnpike Street James A. Tringale, President (978)794-1100 Jukebox/Cable TV/Windscreen TV/ Dancing By Patrons 184 Bertucci's Restaurant Corp. d/b/a Bertucci's Brick Oven Pizzeria(M24,P32) 155 Otis Street 435 Andover Street Northboro, MA 01532 Paul Hoagland, Manager Attn: Renee' LeBlanc (978)685-4498 Cable TV/Taped Music 106 Buono Bistro LLC 220 Sutton Street i Cable TV/Instrumental Music(3-4)Nocal Music(1-2) i 180 Burtons Grill 109 Turnpike Street Cable TV/Wide Screen TV 161 The Restaurant Group Inc. d/b/a Joe Fish(M35,P36) 1120 Osgood Street James Dietz, Manager (978)685-3663 Cable TV/Widescreen TV 13 250 up Camelot Building Association, Inc. d/b/a Camelot(M74,P23) 100 dwn 505 Sutton Street Susan Zeytoonian, Manager (978)687-9136 Jukebox/Cable TV/Wide Screen TV/ InstrumentalMusic (1-5)/Vocal Music(1-2)/Dancing By Patrons Func. Rm 221 China Blossom, Inc. (M74,P3) Main Din 106 946 Osgood Street Lounge 188 San Joe Chu, Manager Rear Din 66 682-2242 Amplifiers/Phono/Cable TV/Comedy Show Wide Screen TV The Faria Restaurant Group d/b/a Jaime's 25 High Street Jukebox,Widescreen TV/Stereo/Satellite Music/Occasional Live Music 76 Shunjo Chinese&Japanese Restaurant(M98D,P69) 733 Turnpike Street Chiun Hui Chan, Manager (978)681-1888 Cable TV/Juke Box/Amps/Widescreen TV/ Instrumental Music 220 North Andover Group, Inc. d/b/a/The Loft Restaurant(M35,P53) 1140 Osgood Street James Dietz,Manager (978)686-0026 Cable TV/Widescreen TV 180 99 Boston, Inc. (M46,P3) 267 Chickering Road Charles O.Noyes, Manager (978)683-9999 Cable TV/Amplifiers 68 North Andover Restaurant, Inc. d/b/a Robs (M18,PI) 39-41 Main Street Lesley Carlson, Manager (978)687-9712 Jukebox/Cable TV/Widescreen TV/Vocal Music/ Dancing by Patrons/Instrumental Music 14 68 Bollywood Grill (M27,P27) North Andover Mall 350 Winthrop Avenue Malkiat Singh Gill,Manager (978)689-7800 Amplifiers (CD Music) 122 Casa Blanca 1070 Osgood Street Maria Henandez (978)683-1177 Amplifiers/Widescreen/Cable TV,Instrumental/Vocal Music (4) Main 200 Club 2104, Inc. (M71,P41) Tax Exempt Ground 150 Park Street Joseph J. Lynch, Manager (978)687-9614 Jukebox/Cable TV/Amps/Widescreen TV Instrumental Music (6)/Vocal/Dancing by Patrons 130 North Andover Country Club 500 Great Pond Road James Simmons, Manager (978)685-4776 Cable TV/Dancing by Patrons (Weddings)Instrumental Music (5)/Vocal Music 156 Fuddruckers 550 Turnpike Street James Boland (978)557-1100 Piped in Music Santoro Enterprises,LLC d/b/a Good Day Cafe 19 High Street John and Kathy Santoro (978)688-6006 Amplifiers/CableTV/Widescreen TV/Instrumental Music: 2-3 Instruments: String,Horn,Drum,Wind 98 Chipotle Mexican Grill 93 Turnpike Street (978)688-1883 Amplifiers/Cable TV/Widescreen TV 15 Tuscan Market, Inc d/b/a The Vineyard (M25,P1) 550 Turnpike Street William M Dwyer, Manager (978)688-5005 Phono Brigham's,North Andover(M27,P27) Winthrop Avenue Fari Tayarani (978)682-0824 Amplifiers Demoulas Supermarket(M27,P27) Winthrop Avenue Brian Casassa, Manager (978)688-6322 Amplifiers(Music piped through Store) 62 Jimmy's Famous Pizza(M34,P4) 1591 Osgood Street Nicholas Papantonakis,Manager (978)685-7776 Cable TV McDonald's Restaurant(M83,P3) Rte 125 at Walker Road Charles Lietz, Manager Amplifiers (Muzak) Smolak Farm (M104C,P16) 315 South Bradford Street H. Michael Smolak, Jr. Amplifiers/Instrumental Music/Instruments 1-6, Vocal/Dancing by Patron Starbuck's 562 Turnpike Street Amplifiers Stop & Shop 757 Turnpike Street Amplifiers Merrimack College—Campus Center(Gildea Hall,Faculty Dining Room (Tax Exempt)Adjourning Lounge, and Warrior's Den) Turnpike Street Alexa Abowitz, Manager (978)683-7111 Various Types/Cable TV/Widescreen TV/Instrumental Music Dancing by Patrons/Vocal Music 16 Burger King 188 Turnpike Street Piped in Music LaserCraze 1600 Osgood Street Piped in Music/Cable TV Jasmine's Famous Roast Beef 1060 Osgood Street Radio Stachey's Pizza 21 High Street Jukebox/Cable TV/WideScreen TV Quic Pic 535 Chickering Road Radio/Cable TV 150 Stevens Estate 723 Osgood Street Laura Gifford Amplifiers/Vocal Music/Instrumental Music/Dancing by Patrons Edgewood Retirement Community 575 Osgood Street Piped in Music Mica Donuts d/b/a Dunkin Donuts 733 Turnpike ST Amplifiers Charlotte Donuts d/b/a Dunkin Donuts 535 Chickering Road Amplifiers/Radio/Cable TV Perfectos of N.A. Inc d/b/a Perfecto's Cafe 1115 Osgood Street Amplifiers North Andover Donut Inc. d/b/a Dunkin Donuts 129 Main Street Amplifiers 17 Mary Ann Donuts Inc. d/b/a Dunkin Donuts 701 Salem Street Amplifiers Jane Donuts d/b/a Dunkin Donuts 982 Osgood Street Amplifiers Michael Glenn Inc d/b/a Harrison's Restaurant 80 Chickering Road Amplifiers Dag Food Enterprises Inc. d/b/a Pizza Factory 535 Chickering Road Cable/Widescreen TV Panera Bread 58 Peters Street Radio//TV/Amplifiers Limo/Livery Licenses: i Valley Coach of North Andover 407 Massachusetts Avenue North Andover, MA 01845 Mark Walsh/James Lambert One Stop Transportation—Eatman Limo Services 77 Beverly Street North Andover, MA 01845 Timothy Eatman 18 µoRTN oF�t�io '°qH0 i° - p ry �� Tip SSACHUS�i�y TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978688-9556 E-mail jbradshaw@,townofnoi-thandover.com MEMORANDUM TO: Tracy M.Watson, Chairman and Members of the Board of Selectmen FROM: Joyce A.Bradshaw,Town Clerk SUBJECT: Proposal by William Campbell for State Election Changes DATE: December 1,2011 Attached is a copy of correspondence and House Bill 1872 outlining changes to be made to Elections in 2012. House 1972 which is pending in the Joint Committee on Election Laws. This bill would combine the presidential and state primaries to June 5, 2012. Currently, the State Primary date has been changed from September 18, 2011 to Thursday September 6, 2012. There is serious discussion to changing that date because of convention conflicts and other issues. I bring this forward for discussion with the Board. Mr. Campbell requests that"at this point, it could be something as simple as voting to support passage of H1972 and directing that a letter communicating the support be sent to the Joint Committee on Election Laws and to your State Representatives and State Senators." I and my Board of Registrars concur that this is worthy of consideration. We share the concern that proper time be allowed to send proper absentee ballots to our military and their families as well as other overseas voters. Veteran's Agent Ed Mitchell also agrees that we must do whatever is necessary to facilitate this. I will be at your meeting Monday December 5,2011 to discuss. i m� city of Woburn, .Massachusetts o'���RPUfla��`6ary OFFICE OF THE CITY CLERK WILLIAM C.CAMPBELL City Hall City Clerk 10 Common Street Woburn, MA 01801 'I November 30, 2011 i His Excellency the Governor Devel L. Patrick State House—Room 280 Boston, MA 02133 Re: 2012 State Primary Dear Governor Patrick: I This is to bring to your attention H1972"An Act Regulating State Primaries"that is pending in the Joint Committee on Election Laws. The bill has the support of communities by affirmative votes of Boards of Selectmen and City Councils across the Commonwealth—from Mount Washington to Amesbury and from Cheshire to Provincetown,Northampton, Amherst,Fall River and Gloucester,to name a few. H1972 would combine the presidential and state primaries to June 5, 2012. The bill will increase voter turnout,reduce costs of elections by at least$8 million,reduce voter fatigue,reduce security issues in schools by using the buildings less for elections, ensure that Massachusetts residents including military personnel residing overseas receive a ballot and the ballot is counted, and eliminate any voter being required to waive their right to a secret ballot. Both California and New Jersey recently took the same action, combining their presidential primary and state primary to June 5, 2012. There is no question that the proposal is bold. However,these times call for bold action and new solutions to problems facing the residents and businesses of the Commonwealth. Rather than tinker at the edges and move the state primary forward or back a few days, with.all due respect for your office, I urge that you call for the adoption of H1972 swiftly so that communities can take action to implement the bill. The one objection that will be offered is that it is too late to act. In 2008,the Presidential Primary was moved forward from March 4, 2008 to February 5, 2008. The act that allowed that change was approved on November 26, 2007—just 71 days before the February 2008 primary. H1972 is pushing the election further out and therefore gives election officials more time to prepare than in 2008 where the calendar was shortened. It is never too late to act. His Excellency the Governor Devel L. Patrick Re: 2012 State Primary November 30,2011 Page Two Finally, it is clear that due to a number of Massachusetts statutory provisions which impact the printing of ballots, any date later than August will place Massachusetts out of compliance with the federal MOVE Act. The New York state primary is currently scheduled for September 11, 2012. The Department of Justice asked a federal judge to issue an order compelling the state of New York to hold the state primary no later than August 2012 as the state will not be in compliance with the MOVE Act. I am available to meet at any time with you or your aides to discuss the particulars of the proposal. Thank you for your kind attention and consideration of this important matter. Very truly yours, William C. Campbell City Clerk cc: The Honorable Senate President Therese Murray The Honorable Speaker of the House Robert DeLeo The Honorable Senator Minority Leader Bruce Tarr The Honorable House Minority Leader Bradley Jones Joint Committee on Election Laws Co-Chair the Honorable Barry Finegold Joint Committee on Election Laws Co-Chair the Honorable Michael J. Moran Mass. Democratic Party Chairman John Walsh Mass. Republican Party Executive Director Nick Little (by fax) NORTij °° .n � gSSACHUS�� TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK i 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9556 E-mail jbradshaw@townofnorthandover.com MEMORANDUM TO: Tracy M.Watson, Chairman and Members of the Board of Selectmen FROM: Joyce A.Bradshaw,Town Clerk SUBJECT: Clarification Vote for June 12,20 2 Annual Town Meeting Date DATE: December 7,2011 The date of the 2012 Annual Town meeting was voted by the Board of Selectmen to be Tuesday June 12, 2012 beginning at 7:OOPM at the North Andover High School. Town Counsel Thomas J. Urbelis and I consulted with Kelli Gunagen,Assistant Attorney General to be certain that the proper process is followed. She suggested the following clarification: 1. Rescind the vote of September 26, 2011 to hold the Annual Town Meeting on Tuesday June 12, 2012. 2. Vote to hold the 2012 Annual Town Meeting on Monday May 1, 2012. (Town Bylaws Chapter 59-6 stating that the "Annual Town meeting shall be held on the first Monday in May at 7:00PM). 3. Vote to delay the 2012 Annual Town Meeting until Tuesday June 12, 2012 at 7:OOPM at the North Andover High School. (Pursuant to Massachusetts General Law Chapter 39 Section 9). The above votes will assure proper compliance. Town Counsel and I will be drafting articles to amend the Bylaw Chapter 59 Section 6 to remove the date. We will also have an Article to amend the Town Charter Chapter 2 Section 3-1 to be in accordance with current Massachusetts General Law Chapter 39 Section 9 which allows Annual Town Meetings to be held in June. The charter now reflects the dates that were in effect when the Charter was adopted. I will be at your meeting Monday December 12,2011 to answer any questions. t CHAPTER 2 A) TOWN MEETING Section 1 Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all bylaws, proposed operating and capital improvement budgets, bond issues,and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The Board of Selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for the Annual Town Meeting shall be closed not more than 75 (seventy-five) days, but at least 40 (forty) days before the date for-the meeting, provided that by unanimous vote,the Board of Selectmen may reopen the warrant in case of emergency, The warrant for any Special Town Meeting shall be closed not more than 40 but at least 20 days prior to the date of the meeting. (Chapter 447 of the Acts of 2004) 2-2-3 The warrant for each annual and special town meeting shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting and at least fourteen days prior to any special town meeting. 2-2-4 The warrant for each Special Town Meeting shall have a summary of each article prepared by the Town Cleric, published in a newspaper of general circulation at least seven days before the meeting. The publication shall include the location where copies of the full warrant text can be obtained or viewed, or requests for copies may be sent, (Chapter 446 of the Acts of 2004) J Section 3 Procedures `�9 oe 2-3-1 The town meeting shall meet xerlrly-beeerr-tpr' May twenty-ei�htkn- as specified in the town by-laws to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days,until all articles in the warrant have been acted upon. 3 CHAPTER 59 - TOWN MEETINGS [HISTORY: Adopted by the Town of North Andover as Chapter 2 of the General Bylaws. Amended July 10,2006 STM Article 12—Approved by Attorney General September 1,2006] [Amended May 13,2009-Article 45 59-5 Paragraph C added] [Amendments noted where applicable.] GENERAL REFERENCES Charter Provisions-See Charter Chapter 2 § 59-1 Adjournment § 59-2 Quorum § 59-3 Reconsideration Vote § 59-4 Secret Ballots § 59-5 Information Required for Consideration of Articles § 59-6 Annual Town Meeting § 59-7 Votes to Be Declared by the Moderator § 59-1 Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen(14)days from the time of adjournment,the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. § 59-2 Quorum. There is no quorum requirement for Annual or Special Town Meetings, [Amended:STM November 29,1996—Approved by Attorney General December 23,1996] [Amended:ATM 5-31999,Article 14- Approved by Attorney General July Z7,19991 § 59-3 Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. § 59-4 Secret Ballots. [37] Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent(25%) of the voters present at said Annual or Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian(secret)ballot, § 59-5 Information Required for Consideration of Articles. [Added:Annual Town Meeting May 2,1988,Artiele 44] A. The sponsor of any Article requiring the raising and/or appropriation of town funds shall provide to the Town Manager and to the Finance Committee the following information; 1. Total estimated dollar cost of the Article including: a. Start-up costs. b.Reoccurring annual costs,including any increase in personnel and/or equipment purchases. c.Source of estimate. 2. Estimate of any possible revenues the project might generate. 3. Proposed source and/or mechanism for funding. 4. Reason(s)for the request,including but not limited to need. 5. Population group most likely to benefit or be affected by the project. 6. Possible alternatives to the requested proposal. 7. Schedule or time frame for completion of the project. 8. Any motions that would be introduced to support the Article as submitted. B. This information shall be provided within two(2)days after the final fixed date for receiving Articles into the warrant for the Annual or any Special Town Meetings, C. All CIP (Capital Improvement Plan) articles which seek to raise in excess of $500,000, shall in addition to any other method of funding, include the appropriate language to allow, but not necessarily require, for funding through a Massachusetts General Laws Chapter 59, Section 21C Debt Exclusion Override. (Added by Article 45 2009 Annual Town Meeting=Approved by Attorney General September 2,2009) (:§::5:9-6 ) Annual Town Meeting [Amended: Annual Town Meeting May 2,1994,Artiele 17] [Amended:Annual Town Meeting May 12,1997,Article 37,Attorney General Approval August 13,1997] [Amended:Annual Town Meeting May 15,2000,Article 35] [38] -Mo3.�1 -Mai-a.�•:00-p In accordance with MGL Chapter 39, Section 9, which permits the Board of Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be held on any weekday evening Monday through Thursday at 7,00 p.m. until all articles in the warrant have been acted upon. §59-7 Votes to be Declared by Moderator [Amended: Annual Town Meeting May 12, 1997, Article 37, Attorney General Approval August 13, 1997][Amended July 10, 2006 STM Article 12, Attorney General Approval October 6, 2006] The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. r [39] DRAFT TEMPORARY EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF ANDOVER, TOWN OF NORTH ANDOVER AND BRIAN LEATHE This Agreement, made and entered as of this day of December 2011, by and between the Town of Andover, Town of North Andover and Brian Leathe. The Town of Andover desires to employ the services of Brian Leathe as a temporary substitute Local Building Inspector and North Andover agrees to allow this Employee to perform this work for Andover for a limited period of time. The parties agree as follows: 1. The Town of Andover agrees to employ Brian Leathe in a part-time/temporary status as a substitute Local Building Inspector. The Town of North Andover agrees to allow the Employee to perform this work for Andover. The employment will commence upon the execution of this Agreement. 2. The purpose of this employment Agreement is to have Brian Leathe perform field inspections for Andover on as-needed basis while an Andover Local Building Inspector is incapacitated. 3. Andover will reimburse the Town of North Andover for the actual hours that Brian Leathe works at the rate of$30.26 per hour ($26.31 hourly rate plus 15% for fringe benefits). 4. Worker's Compensation. During the period where this agreement is in effect, in the event that the employee has an injury while performing work for Andover which is compensable under M.G.L. c152, Andover agrees to pay 50% and North Andover agrees to pay 50% of the worker's compensation claim. 1 DRAFT 5. The employee will retain all benefits currently provided by the Town of North Andover during the term of this Agreement. Brian Leathe is not eligible to participate in any fringe benefits provided by Andover including but not limited to health insurance benefits, vacation days, holidays, personal days or sick days. 6. Andover agrees to reimburse Brian Leathe for the use of his personal vehicle for all Town related business within the municipality at the applicable IRS rate which is currently $0.50 per mile. Andover will not reimburse Brian Leathe for mileage accrued commuting to and from his place of employment. 7. The Town of Andover agrees that Brian Leathe will work no more than four hours per day and no more than nineteen hours in a seven-day pay period. 8. Brian Leathe agrees to maintain a log of all work performed for Andover and a copy of said log will be forwarded weekly to each town's designee. 9. Brian Leathe will contact Paula Hamel, Department of Community Development & Planning at 978-623-8310 or via e-mail at phamel a,andoverma.gov, prior to 3:00 P.M. on a daily basis to see if his services are required for the next day. 10. The Town Managers of Andover and North Andover, or their respective designees, agree to meet and confer concerning the status of this temporary employment agreement within thirty calendar days after execution of this agreement. 11. This Agreement will not exceed ninety calendar days from the execution of this Agreement unless otherwise mutually agreed to by all parties in writing. 12. No Modification. No change or modification of this Agreement shall be valid unless it shall be in writing and signed by all parties. 2 RAFT 13. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. TOWN OF NORTH ANDOVER TOWN OF ANDOVER By its Assistant Town Manager By its Town Manager Raymond T. Santilli Reginald S. Stapczynski EMPLOYEE Brian Leathe 3