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Home My WebLink About2015-06-01 Board of Selectmen Minutes w/documents BOARD OF SELECTMEN MINUTES June 1, 2015 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:02 PM at Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Connelly Smedile, Licensing Commissioner, Tracy Watson, Donald Stewart, Phil DeCologero, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 25 members of the public were in attendance. PLEDGE OF ALLEGIANCE: Chairman Vaillancourt asked the students that won service awards from the North Andover Youth Center to lead the group in the Pledge of Allegiance. Josh Peters, Recreation Coordination at the Youth Center, gave a summary of the Youth Appreciation Day Event and introduced the winners that were present at the meeting-Taylor Chaff, Leah Willis, Quinn Relihan, Alex Keating, Tommy Holland and Eric Doherty. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of May 19, 2015. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the Executive Session minutes of May 19, 2015. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Introduction of new staff member-Julie Giglio, Assistant Superintendent, WTP Cathy Darby, Director of Human Resources, introduced the new Assistant Superintendent at the Water Treatment Plant, Julie Giglio. Bruce Thibodeau-MassDOT repairs on 495 Department of Public Works Director, Bruce Thibodeau, gave an update on the repairs that are going to take place on Route 495. Although there will be traffic delays, the impact to North Andover is minimal. Other communications and announcements: Rosemary Smedile informed the Board that she visited the biosolids processing plant in Maine to get an idea of how the one being proposed by the GLSD will operate. The big concern is about how long the trucks will have to wait to unload the material. The Town Manager indicated the facility will have 2 connections so they will not be in a situation where trucks are waiting to unload and the Amendment to the Host Agreement includes a provision that trucks cannot idle. Ms. Smedile also concerned about trucks being clean when entering the facility. Mr. Maylor has talked to the design firm about having some kind of truck wash station at the facility. CONSENT ITEMS: Accept donation ($5,000)from Lowell Five Bank for 4th of July Fireworks The Lowell Five Bank has once again generously donated $5,000 to the Town to be used toward the 4th of July Fireworks display. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen accept the donation of Lowell Five Bank in the amount of$5,000 to be used for the 4th of July fireworks. Vote approved 5-0. Christopher Marshall of Borderline Running Club requests permission to hold 4th of July Road Races beginning at 7:00 a.m. at the Town Common Christopher Marshall of the Borderline Running Club was present to request permission to hold 4th of July Road Races beginning at 7:00 a.m. at the Town Common. All relevant departments recommended approval. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the request of the Borderline Running Club to hold the 4th of July Road Races beginning at7:00 a.m, at the Town Common, as presented. Vote approved 5-0. Appointments Elderly/Disabled Taxation Fund Committee-Lauren A. Lemack Board of Selectmen Minutes June 1, 2015 2 The Board's appointment subcommittee recommended Lauren A. Lemack be appointed to the Elderly/Disabled Taxation Fund Committee. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen appoint Lauren A. Lemack to the Elderly/Disabled Taxation Fund Committee for a term ending June 30, 2017. Vote approved 5-0. Appointment to Cable TV Advisory Committee and Festival Committee- Chanida Oros The Board's appointment subcommittee recommended Chanida Oros be appointed to the Cable TV Advisory Committee and the Festival Committee. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoint Chanida Oros to the Cable TV Advisory Committee for a term ending June 30, 2018 and to the Festival Committee for a term ending June 30, 2016. Vote approved 5-0. Request of the Festival Committee for 4th of July Celebration The Festival Committee is requesting to use the Common for a 4th of July Celebration from July 3rd at 1:00 p.m. to July 4th at 11:00 p.m., close Massachusetts Avenue from Osgood Street to Academy Road on July 3rd from 5:00 p.m. to 9:00 p.m. and on July 4th from 6:00 a.m. to 5:00 p.m. and waive all fees. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of the Festival Committee to use the Common for the 4th of July Celebration from July 3rd at 1:00 p.m, to July 4th at 11:00 p.m., to close Massachusetts Avenue from Osgood Street to Academy Road on July 3rd from 5:00 p.m, to 9:00 p.m, and on July 4th from 6:00 a.m, to 5:00 p.m, and to waive all fees. Vote approved 5-0. Vote on facade and courtyard designs for Town Hall Renovations Project Town Manager, Andrew Maylor, reviewed the 3 facade options for the Town Hall Renovation Project. Rosemary Smedile indicated this is a signature building for the Town and it should look as close to the original building as possible. Tracy Watson agreed and indicated that the redesign of the current front door into a window makes Option A more appealing. The Board agreed that preserving the historical character of the building was important. Chairman Vaillancourt opened the meeting up for public comment. Stan Limpert of 43 Stonecleave Road, stated from a historical perspective, it would be wonderful to preserve the look of the current building. Anne Erickson of 57 Lincoln Street, reiterated the thoughts of the Board and would like to see either Option A or Option C. The Town Manager noted that the Board had asked the front to read "Town Hall" but historically it has read "Town Offices". The Board prefers "Town Hall". Rosemary Smedile asked that if it is changed, that the historical society be allowed to take the "Town Offices" letters from the building. Kathy Szyka, 201 Osgood Street, stated that"Town Hall"would be acceptable to the Historical Commission. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen choose Option A as the facade design for the Town Hall Renovation Project. Vote approved 5-0. Chairman Vaillancourt reviewed the three courtyard designs. The Board discussed the proposal to replace the concrete with brick. Bruce Thibodeau, DPW Director, explained that brick is more difficult to maintain and it is slippery in the winter. Stamped brick is a better option. Chairman Vaillancourt suggested the Board vote on the design and talk about the material at a later date. Town Manager, Andrew Maylor, asked if the Board would prefer Option B if it were amended to open the front stairway a little more to provide a clearer view of the door. Chairman Vaillancourt asked for any public comment. There was none. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen choose Option B, as amended by widening the front stairs, as the courtyard design for the Town Hall Renovation Project. Vote approved 5-0. Rosemary Smedile asked the Board to consider compiling an advisory committee for the interior design of the building. The Town Manager explained that the interior plans have been completed with the help of an advisory committee consisting of the architect, the OPM, Ray Santilli, Steve Foster, two representatives from the Community Development department and two representatives from town hall departments. The layout of the interior was presented at the meeting on April 14th and has not changed. Ms. Smedile asked that there be a decorating committee to pick colors and furniture. The Town Manager Board of Selectmen Minutes June 1, 2015 3 indicated it has always been the intention to make the new side of Town Hall consistent with the current Town Hall and he would need to know from the Board if they are looking to pick paint, carpet, flooring materials, etc., as they will be going out to bid in September and would need to let the architect know. Chairman Vaillancourt indicated the Board can discuss establishing a decorating committee at the next meeting and asked that the agenda for the next meeting include a review of the interior layout. Department of Public Works request for a three way stop at the intersection of Elm, High and Water Streets DPW Director, Bruce Thibodeau, explained the need for a three way stop sign at the intersection of Elm, High and Water Streets, as outlined in his memorandum. He is requesting approval for a four month trial period. The DPW and Police will monitor the intersection and report back to the Board in October. Donald Stewart indicated he will not approve the request until the delivery trucks that park on the side of the road are addressed. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the request of the Department of Public Works to install a stop sign on Elm Street at the intersection of Elm, High and Water Streets. Vote approved 4-1. Donald Stewart opposed. Affordable Unit Resale-190 Chickering Road, Unit 109D (Kittredge Crossing) The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing unit at 190 Chickering Road, Unit 109D (Kittredge Crossing) is up for sale. It is recommended the Board not exercise its right of first refusal. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 190 Chickering Road, Unit 109D (Kittredge Crossing). Vote approved 5-0. Request to dispose of surplus equipment-Police Department Per the Town Policy regarding surplus equipment, memorandums were included in the packets from Police Chief Paul Gallagher regarding surplus rifles and shotguns. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of Police Chief Paul Gallagher to surplus rifles and shotguns per his memorandums to the Town Manager dated May 26, 2015 and May 27, 2015. Vote approved 5-0. Request to dispose of surplus cruiser-Police Department Per the Town Policy regarding surplus vehicles, a memorandum was included in the packets from Police Chief Paul Gallagher. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of Police Chief Paul Gallagher to surplus police cruiser number 307, a 2012 Dodge Charger. Vote approved 5-0. Request by Trustees of Reservations to use town property for walking trail at Steven's Pond As part of the 1.3 mile walking path being created by the Trustees of Reservations from Stevens-Coolidge Estate to Weir Hill, the Trustees of Reservations are seeking permission to use town property for part of the walking trail. Included in the packets was a letter from Kevin Block of the Trustees of Reservations explaining the need to move the fence along the town beach 3-4 feet to provide for a safe walking trail along Pleasant Street. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the request of the Trustees of Reservations to use town property for a walking trail along the beach at Steven's Pond and move the fence 3-4 feet. Vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Joseph Lynch, Manager of Club 2104 (VFW) request permission to alter premises at 32 Park Street The Board discussed the request and was concerned with the bartender/staff not being able to see what is happening on the proposed deck. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Club 2104 (VFW) to alter the premises at 32 Park Street to construct a deck. Rosemary Smedile made a MOTION, seconded by Donald Board of Selectmen Minutes June 1, 2015 4 Stewart, to amend the previous motion by adding that the center door is glass, the fence height is as recommended by the building inspector and a security camera be installed so the bartender can monitor the outside.Amendment approved 5-0. Motion approved 5-0. James Pinho of Fresh Choices Eaglewood, LLC d/b/a b. good 111 Turnpike Street, Unit 5B, requests a Common Victualler and an Entertainment License Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen, acting as Licensing Commissioners, approve a Common Victualler License and an Entertainment License for Fresh Choices, LLC d/b/a b. good. Vote approved 5-0. Jorge and Concepcion Penella of Dicor Restaurant, 1060 Osgood Street, request a Common Victualler and an Entertainment License Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen acting as Licensing Commissioners, approve a Common Victualler License and an Entertainment License for Dicor Restaurant. Vote approved 5-0. Scott Granwehr of The Farm Stand requests a Mobile Food License Donald Stewart made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen acting as Licensing Commissioners, approve a Mobile Food License for The Farm Stand, contingent upon clarification from the Board of Health regarding the active hours. Vote approved 5-0. Smolak Farm Requests: One Day All Alcohol License for Lauren Rastello and Branden Baker for a wedding on Saturday, June 13, 2015 from 4:00 p.m to 10:00 p.m. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen acting as Licensing Commissioners, approve the one day All Alcohol License for Lauren Rastello and Branden Baker for a wedding on Saturday, June 13, 2015 from 4:00 p.m. to 10:00 p.m. at Smolak Farms. Vote approved 5-0. One Day All Alcohol License for Josh Burger and Elizabeth Larson for a wedding on Saturday, June 20, 2015 from 4:00 p.m. to 10:00 p.m. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen acting as Licensing Commissioners, approve the one day All Alcohol License for Josh Burger and Elizabeth Larson for a wedding on Saturday, June 20, 2015 from 4:00 p.m. to 10:00 p.m. at Smolak Farms. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. NEW BUSINESS (taken out of order): Steve Kohr of North Andover Country Club presented the board with pictures of the crosswalks on Great Pond Road and requested permission to repaint the crosswalks and add an additional crosswalk. The Board explained that there is a procedure for approving the new crosswalk which requires the matter to be placed on the agenda. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of the North Andover Country Club to paint the 3 existing sidewalks on Great Pond Road. Vote approved 5-0. OLD BUSINESS: Sign Collective Bargaining Agreement between the Town and the NEPBA Local 2 (police/sergeants)for the period July 1, 2015-June 30, 2018 The Board signed the Collective Bargaining Agreement between the Town and the NEPBA Local 2 (police/sergeants)for the period July 1, 2015-June 30, 2018 which was voted on at the meeting on May 19, 2015. PUBLIC COMMENT: Stan Limpert of the School Committee announced the High School graduation will take place on Friday at 6:00 p.m. and Scholarship Night is on Thursday at 6:30 p.m. in the High School Auditorium. Board of Selectmen Minutes June 1, 2015 5 TOWN MANAGER'S REPORT: Update on trash and recycling issues The Town Manager explained that in November, the Town began receiving complaints about leaf pickup. After the winter, complaints about the trash and recycling began to increase, including complaints about the dumpsters at the schools and public buildings. The Town is keeping a log of all the complaints from residents. The Town is conducting a performance review of the contractor and based upon the results of that review, the Town will make a decision regarding the contract. 324 complaints were received in the month of May. Donald Stewart stated that he spoke with the company owner and complaints should stop as the company has resolved their issues. Town Manager, Andrew Maylor, explained that it is difficult to manage a contract when the conversations with the contractor do not happen with the office that manages the contract, which is the Town Manager's office. The contractor is not providing information to the Town Manager and does not communicate with the Town Manager which makes it very difficult to respond to the public. Tracy Watson and Phil DeCologero stressed that the company needs to communicate directly with the Town Manager and not with board members. Ask the Manager There were no questions submitted. Job Posting/Vacancy Log The Board was given the most recent job posting/vacancy log provided by Human Resources. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to adjourn the meeting at 9:18 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Open Session Minutes of May 19, 2015 Executive Session Minutes of May 19, 2015 Letter from MassDOT Donation check from Lowell Five Request from Borderline Running Club Memorandum regarding Appointments Request from Festival Committee Town Hall Renovation fagade and plaza design studies Memorandum from DPW regarding 3 way stop sign Memorandum from Community Development regarding affordable unit resale Memorandum from Police Chief regarding surplus equipment Memorandum from Police Chief regarding surplus vehicle Letter from Trustees of Reservations Licensing request-VFW Licensing request-Fresh Choices Eaglewood, LLC Licensing request-Dicor Restaurant Licensing request-The Farm Stand One Day All Alcohol requests-Smolak Farms Agreement between Town of North Andover and NEPBA Local 2 Pictures of crosswalks-Great Pond Road Job Posting/Vacancy Log TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACIH[JSETTS 01845 Richard M. Vaillancourt, C:hainrian Phil DeCologero TEL. (978)688-9510 Rosemary Connelly Smedile, Clerk FAX(978)688-9556 Donald B. Stewart Tracy M. Watson BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,JUNE 1,2015 at 7:00 PM TOWN HALL MEETING ROOM L CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. May 19,2015 Open Session Minutes,as written B. May 19,2015 Executive Session Minutes,as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Introduction of new staff member-Julie Giglio,Assistant Superintendent,Water Treatment Plant B. Bruce Thibodeau,DPW Director-MassDOT repairs on 495 V. CONSENT ITEMS A. Accept donation($5,000)from Lowell Five Bank for 4"'of July Fireworks B. Christopher Marshall of Borderline Running Club requests permission to hold 41h of July Road Races beginning at 7:00 a.m. at the Town Common C. Appointments: 1. Elderly/Disabled Taxation Fund Committee-Lauren A.Lemack 2. Cable TV Advisory Committee-Chanida Oros 3. Festival Committee-Chanida Oros D. Request of Festival Committee to: 1. Use Town Common for 41h of July Celebration from July 3rd at 1:00 p.m.to July 41h at 11:00 p.m. 2. Close Massachusetts Avenue from Osgood Street to Academy Road on July 3rd from 5:00-9:00 pm and on July 41h from 6:00 am-5:00 pm 3. Waive all fees E. Vote on facade and courtyard designs for Town Hall renovation project F. Department of Public Works request for a three way stop at the intersection of Elm,High and Water Streets G. Affordable Unit Resale-190 Chickering Road,Unit 109D(Kittredge Crossing) H. Request to dispose of surplus equipment-Police Department L Request to dispose of surplus cruiser-Police Department J. Request by Trustees of Reservations to use town property for walking trail at Steven's Pond VL LICENSING COMMISSIONERS A. Joseph Lynch,Manager of Club 2104(VFW)requests permission to alter premises at 32 Park Street B. James Pinho of Fresh Choices Eaglewood,LLC d/b/a b.good, 111 Turnpike Street,Unit 5B, requests a Common Victualler and an Entertainment License C. Jorge and Concepcion Penella of Dicor Restaurant, 1060 Osgood Street,request a Common Victualler and an Entertainment License D. Scott Granwehr of The Farm Stand requests a Mobile Food Truck License E. Smolak Farms requests: 1. One Day All Alcohol License for Lauren Rastello&Branden Baker for a wedding on Saturday, June 13,2015 from 4 pm to 10 pm 2. One Day All Alcohol License for Josh Burger&Elizabeth Larson for a wedding on Saturday, June 20,2015 from 4 pm to 10 pm VII. PUBLIC HEARING VIII. OLD BUSINESS A. Sign Collective Bargaining Agreement between the Town and the NEPBA Local 2 (police/sergeants) for the period July 1,2015-June 30,2018. IX. NEW BUSINESS X. PUBLIC COMMENT XL TOWN MANAGER'S REPORT A. Update on trash and recycling issues B. "Ask the Manager" C. Job posting/vacancy log XII. NEXT MEETING DATE Tuesday,June 9,2015 at 8:00 a.m. XIIL ADJOURNMENT Approval of Minutes' BOARD OF SELECTMEN MINUTES May 19, 2015 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 6:05 PM at North Andover High School Room 1108. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Licensing Commissioner, Tracy Watson, Donald Stewart, Phil DeCologero, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli, and Executive Assistant, Laurie Burzlaff. No members of the public were in attendance. CONSENT ITEMS (taken out of order): Approve and sign year end budget reallocation Budget Director/Town Accountant, Lyne Savage, was present and requested the Board approve and sign a budget reallocation to cover line item deficits and snow and ice deficit. Ms. Savage stated that the Town will be getting $200,000 from FEMA for the snow and ice deficit. The Town Manager explained that the Town's ability to cover the deficit is due to the change in Health Insurance. Clerk, Rosemary Smedile, arrived at 6:13 p.m. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve and sign the reallocation of the Fiscal Year 2015 operating budget to cover the line item deficits and snow and ice deficit as presented. Vote approved 5-0. APPROVAL OF MINUTES: Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of May 11, 2015 as written. Vote approved 5-0. At 6:20 p.m. Tracy Watson made a MOTION, seconded by Phil DeCologero, to move into executive session for the purpose of a strategy session with respect'to collective bargaining with police officers and sergeants. Chairman Richard Vaillancourt declared an open meeting will hurt the Board's bargaining position and that the Board will reconvene in open session at the end of executive session. Roll call vote was taken. Tracy Watson-yes, Phil DeCologero-yes, Donald Stewart-yes, Rosemary Smedile-yes, Richard Vaillancourt-yes. Vote approve 5-0. At 6:40 p.m. the Board moved back into open session. CONSENT ITEMS (continued) Ratification of Collective Bargaininq Agreement between the Town and the NEPBA Local 2 (police officers/sergeants) for the period July 1, 2015 to June 30, 2018 After 3 negotiating sessions, the town and the NEPBA Local 2 came to an agreement regarding their contract. The NEPBA approved the Memorandum of Agreement and ratified the contract. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the Collective Bargaining Agreement between the Town and the New England Police Benevo lent Association, Local 2 for the period July 1, 2015-June 30, 2018. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: None OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: None Board of Selectmen Minutes May 11, 2015 2 TOWN MANAGER'S REPORT: Town Manager, Andrew Maylor, updated the Board on the status of negotiations with the Firefighters Union. The parties are scheduled to meet on June 1st and hope to have an agreement in place by July Vt. The police lieutenants are decertifying from the union. They will negotiate a contract on their own behalf. The Fire Chief will likely name a Deputy Chief by the end of next week. Both the Fire Chief and the Police Chief are retiring in June of 2016. The Board needs to decide on the timeline for the process of hiring the new chiefs. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Phil DeCologero, to adjourn the meeting at 6:50 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board i Documents used at meeting: Minutes of May 11, 2015 FY2015 Request for Budget Reallocation Memorandum of Agreement BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES May 19, 2015 EXECUTIVE SESSION: The Executive Session convened at 6:20 p.m. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Tracy Watson, Donald Stewart, Phil DeCologero, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Tracy Watson made a MOTION, seconded by Phil DeCologero, to move into executive session for the purpose of a strategy session with respect to collective bargaining with police officers and sergeants. Chairman Richard Vaillancourt declared an open meeting will hurt the Board's bargaining position and that the Board will reconvene in open session at the end of executive session. Roll call vote was taken. Tracy Watson-yes, Phil DeCologero-yes, Donald Stewart-yes, Rosemary Smedile-yes, Richard Vaillancourt-yes. Vote approve 5-0. Matter subject to Collective Bargaining-Police Officers/Sergeants The Town Manager, Andrew Maylor, provided a Memorandum'of Agreement to the Board outlining the terms of the proposed agreement. Compensation would increase by 2% on July 1, 2015, .50% on January 1, 2016, 2% on July 1, 2016 and 2% on July,1,!2017. Longevity was adjusted to make it the same as the other unions. The Town Manager explained that Article 8 (Education Incentive Pay) only applies to employees hired after 2009 so this article only currently affects 3 employees. ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to move out of executive session and back into open session at 6:40 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Memorandum of Agreement Communications And Announcements Charles D. Baker, Governor Katyne. Polito, uLutewmGovernor AP7- DOT s�phan� Pmmc� seon�,y&cEo A Thomasnnon �cunypmmini��m�or �� ~°""c,=^=�= mx�xghway Division Andrew VKyNaWor ' May 8' 2015 Town Manager � 120 Main Street North Andover, M/\O7845 Re: Lawrence - North Andover - Resurfacing and Related Work (Including 7 Bridges) along a Section of Interstate 495 Federal Aid No. NHP-495-6/Y64lX Project File#607985 ' Dear Manager MaV/or, / am pleased to inform you that the construction bid documents for the Resurfacing and Related Work (including 7 Bridges) along 3 Section of Interstate 495 in your community has been completed and U/Us were solicited on April 22, 2015. The Massachusetts Department Of Transportation - Highway Division is currently|n the process of certifying the low bidder P.lKeating Company. In general, the work includes full width micromill and overlay of 1-495, within portions of North Andover and Lawrence, and at ramps and secondary roads per the respective contract pavement designs. Other work consists of the cleaning, rebuilding and retrofitting (lock down castings) Of existing drainage structures, upgrading of selected existing guardrail; removing and resetting Of granite edging; selected pedestrian ramp and sidewalk constru[Uon/reconstru[don. Bridge Scope: Within the project limits, there are seven overpasses with rnu/t/p/c bridges. Bridges identified for resurfacing shall follow the contract bridge pavement design. Bridge deck repairs are anticipated on some structures. Drainage Scope: This project proposes a series Of stormvvater betterments. The project /� expected �o [nnnp/��e vV/ih�D 8OO Calendar[)8ysfrOrnreceipt of the NodcetOP[n[eed - � � � The bid package, including the construction plans and specifications are available for review at the District office. / encourage you to take advantage of this opportunity to reacquaint yourself with the project and ask that you share this invitation with the community's emergency services divisions and any � other local officials O[departments who may have 8n interest in the matter. /f you would like to view this � information, please contact Mark Kratman' /\ssiItant District Operations Engineer, at (78)) 641-8469 or at . You may also wish to visit for more information and updates. I look forward to working with you on this important transportation project. /f you have any questions, please feel free to contact me. Sin plld�,01-111`:D Paul Stedman � Acting District Highway Director / � xc Richard VaUlancou¢ Chairman Board ofSelectmen Gene Willis,P.E,Director ofEngineering � Bruce D.Thibodeou DPW Director Honorable Bruce E.Tarr,State Senator Honorable Kathleen O'Connor Ives,State Senator � Honorable Diana D/Zug/ic\State Representative Honorable James l Lyons,]/,State Representative ! � Leading the Nation ho Transportation Excellence S!9 Appleton Street,Arlington,MAO247G � Tel:787-64|'830(l Fax:78/-64{r5) l5 momvvmassgov/massdo, � Consent Items a ° AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: May 28, 2015 Re: Donation from Lowell Five Bank Request: Accept donation from the Lowell Five Bank Explanation: The Lowell Five Bank is once again donating$5,000.to the Town for the 4th of July fireworks. The Lowell Five Cent Savings Bank VU/ZSU4 TOWN OF NORTH ANDOVER 7804 05/07/2015 Document Date Document Number Description Base Amount NetAmount 5/7/2015 2015-DONATIONS Fireworks $5,000.00 $5,000.00 Total $5,000.00 $5,000.00 ®- .�o "53 7133/2173 007804 LoWe' IfFive, DATE---- ' One Merrimack Plaza, Lowell, MA 01852 5/7/2015 AMOUNT -TO THE "5,000,.00" ORDER Five Thousand and 00/100 OF PAY''' ' 1 Town of North Andover �CTIf LED iGy6 North Andover Town Hall • 120 Main Street • ' '" North Andover,MA 01845 Telephone (978)688-9510 Fax (978)688-9556 Annual Fireworks Sponsorship/ Donation Form ALL SPONSORS, PLEASE PROVIDE THE REQUESTED INFORMATION: Company Name: Lase �L�L Contact Person: Date: I Mailing Address: Flau , L mrl a 01'�; 2,� � Phone: �� / �/G� Email: L,W1,w11t Q-J X11 VL Amount of your support: THANK YOU The North Andover Festival Committee, Board of Selectmen and Town Manager appreciate your support. Please send your gift to the address above: c/o Laurie Burzlaff, Executive Assistant Town Manager's Office Checks should be made payable to "Town of North Andover" AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: May 28, 2015 Re: 4th of July Road Races Request from: Borderline Running Club For: Approval for 4th of July Road Races on July 4, 2015 starting at 7:00 a.m. Kid's Race Route-Loop around the Common 5K Route-Johnson Street to Abbot Street to Marbleridge Road to Salem Street to Milk Street to Chestnut to Andover Street ending at the Common 10K Route-Mass Ave to Johnson Street to Farnum Street to Summer Street to Salem Street to Milk Street to Chestnut Street to Andover Street ending at Common Reviewed by: Police Department Notes: No conditions Fire Department Notes: No conditions Public Works Notes: Please remind applicant that they are responsible to dispose of trash and recycling in a proper fashion. pppp 4 ♦ � v.Nn n'o May 18,2015 North Andover 41h of July Road Race c/o The Friends of the North Andover Senior Center PO Box 661 North Andover,MA 01845 North Andover Board of Selectmen Andrew Maylor,Town Manager 120 Main Street North Andover,MA Dear Selectmen and Mr.Maylor, The purpose of this letter is to formally request the permission of the Town of North Andover to conduct the annual North Andover 4`h of July Road Races and to request the assistance of the various town departments to safely and efficiently produce the race. As you may know,the race is again being hosted and directed by the Borderline Running Club(BRC)of North Andover for the charitable benefit of the Friends of the North Andover Senior Center. 100%of the net race proceeds will go to the Friends. Over the last two years,the net proceeds exceeded$45,000. This year,the Friends have graciously decided to make a significant financial contribution to the town's annual fireworks display making this road race a true North Andover Independence Day staple and tradition. While the BRC's involvement is voluntary(neither we,nor any of our members will,or are able to charge a fee),there are expenses associated with the event which we expect to be offset through sponsorships from local merchants and businesses and registration fees from the participants. More thorough information is available at www.iuly4thrace.com. The event will take place on July 4,2015 at the Old Center Common beginning with number pickup and race day registration at 7:00 AM. The Kid's Race will begin at 8:00 AM,starting and finishing on Massachusetts Avenue,adjacent to the Print Museum. The course will be a simple(0.6 mile)loop around the Common. The SK and 10K races will start at 8:30 AM and 8:35 AM,respectively,on Massachusetts Avenue and finish there as well. Route maps for the 5K and 10K are attached herewith for your review. In addition,we have purchased a general liability policy for the event from the USATF--attached. We have Incorporated the town's Insurance requirements per the instructions of Mr.Santilli. We are closely coordinating our activities with the Festival Committee and have been engaged with Lt.Foulds to discuss and coordinate an event safety plan including traffic management along the course during the race. While we do not anticipate lengthy road closures at this time,there will be minor interruptions to the normal flow of traffic all of which will be closely planned and coordinated with the NAPD. We will also connect with Chief Melnikas to request an ambulance at the finish area and will coordinate cleanup with the DPW. On behalf of the BRC,The Friends of the North Andover Senior Center and the 4`h of July Race Committee,we thank the Town of North Andover for considering our request. Questions or concerns may be directed to me personally. may. ;/7, Respetfuily Chri er-M:Marshall North Andover 4'h of July Race Director 314 Boston Street,North Andover (617)-314-1336 LmarshalORLrane.com DATE:4/8/2015 CERTIFICATE F INSURANCE - -- CERTIFICATE NUMBER: 20150324325387 AGENCY: ESIX 3 LLC THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION ONLY AND dibla Entertainment&Sports Insurance eXperts(ESIX) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES dlbla Entertainment and Sports Insurance Agency(California) NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 2727 Paces Ferry Road,Building Two,Suite 1500 BELOW, Atlanta,GA 30339 678-324-3300(Telephone) 678-324.3303(Facsimile) NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Track&Field,Inc. Friends of the NA Senior Center INSURER A: Philadelphia Indemnity Ins,Co, 132 East Washington Street,Suite 800 Indianapolis IN 46204 INSURER B: Philadelphia Indemnity Ins.Co. EVENT INFORMATION: 2015 North Andover 4th of July Races(71412015-71512015) POLiCYICOVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INS TYPE OF INSURANCE: POLICY NUMBER(S): EFFECTIVE: ExPfRES: LIMITS: A GENERAL LIABILITY X Occurrence PHPK1241556 11/1/2014 11/112015 GENERAL AGGREGATE(Applies Per Event) $3,000,000 12:01 AM 12:01 AM - X Participant Legal Liability EACH OCCURRENCE $1,000,000 ® DAMAGE TO RENTED PREMISES(Each Occ,) $1,000,000 MEDICAL EXPENSE(Any one person) EXCLUDED PERSONAL&ADV INJURY_ $1,000,000 PRODUCTS-COMP/OP AGG $3,000,000 B UMBRELLA/EXCESS LIABILITY X Occurrence PHUB476653 1111/2014 11/1/2015 AGGREGATE(Applies Per Event) $10,000,000 12;01 AM 12:01 AM EACH OCCURRENCE $10,000,000 DESCRIPTION OF OPERATIONS iLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS: Coverage applies to USA Track&Field sanctioned events and registered practices,including any directly related activities,such as event set-up and tear-down, participant check-in and award ceremonies. The certificate holder is an additional insured as required by written contract or Milan agreement,but only for liability arising out of the negligence of the Named Insureds per the following endorsement;Additional Insured-Certificate Holders(Form PI-AM-002) The General Liability policy is primary and non-contributory with respect to the negligence of the Named Insureds(Form CG 00 01). CERTIFICATE HOLDER: NOTICE OF CANCELLATION: Town of North Andover,Massachusetts Should any of the above described policies be cancelled before the expiration dale thomr, 120 Main Street notice will be delivered In accordance with the policy provisions. North Andover MA 01845 AUTHORIZED REPRESENTATIVE: North Andover 4'h of July 5K race North Andover, NIA cf. www.usatf.org/roLites/view.asp?r[D=539045 measured by Marshall McCloskey, March 29,2.014 Start -on the line between the signs at the sidewalk and in the traffic island at the Southwest comer of the intersection of Andover Street and Massachusetts Ave at the traffic circle. I Mile—at the left edge of the large tree near the right edge of the driveway beyond the mail box for 416 Abbot St and telephone pole 4663. 2 Mile—at about the center of the driveway for 69 Salem St, 12' 6"beyond telephone pole 1379. 3 Mile—5' 5"before the 25 mph sign on Massachusetts Ave just around the comer from Osgood Street. Finish— 104' 7"before the brick crosswalk on Massachusetts Ave to the left of the Museum of Printing. I 31d, It The Finish is marked with paint on the curb and a PK nail and washer in the Museum asphalt roadway near the curb Vol"i, of Printing tiorth Andow (Ica]Sol 1101.1 AI#r Crrro Old VOI)e 0 N 10 Y4 \kenkh nil cemelery 'etc Ilk" Abbot St North Andover 4 th Of jUly 1 race North n Oven MA cf. www.usatf.org/routes/view.asp?rlD=541860 measured by Marshall McCloskey,April 7,2014 on Mass Ave 18'71'after"Speed Limit 25 MPH"sign,and 4015"before light pole 4. +410417"before the brick crosswalk at the left of the Museum of Printing. S Start and finish are marked with PK nails and washers in asphalt. 15' be OWP water main cap near fireplug opposite 38 Osgood St. AN O off+, at fence on the right side of 125 Salem St. n (� ^NIIS G JI �� C,a t yak" A v Arose Rd d ntt�eWt)d i Cemeterley 7M K 4'2"after left edge of right stone pillar driveway of 365 Johnson St. Also 15110 before telephone pole 1361.1 at left of driveway. �° �~� 41'10"before mailbox for Alw q'RbSQ.rsr 4 5 Salem St. Aniie l m Setgent Schdoi'xP°' Ah+ St �� .Ta �S1Vaw w &l2ey its kea St t;bhyvr 26' after pole 317 at he left of 196 Summer »ryn�tau/ 14'8"after gas main cap on left side of Johnson St art; a� /'r. NORTH ANDOVER -Community Partnership--- i Operations Division Lieutenant Charles P. Gray TO: Laurie Burzlaff FROM: Lieutenant Charles Gray RE: Request from Christopher Marshall,4th of July Road Race DATE: May 26, 2015 Please be advised that the proposal has been attached has been reviewed. The Police Department will assign regular and special police officers to assist with crowd control and safety as well as on the race course with the lead runners. The Police Department will provide barricades and temporary signage within and around the race area to protect the runners as well as pedestrian and motor vehicle traffic. We will meet with the organizers to work on a comprehensive operations plan. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172 Burzlaff, Laurie From: Melnikas,Andrew Sent: Thursday, May 28, 2015 10:18 AM To: Burzlaff, Laurie Subject: 4th of July Road Race Good morning : The Fire Department has reviewed the particulars regarding the 4th of July Road Race. As usual we will provide 2 EMTs for the timeframe if the race We do not anticipate any issues with the race Chief Andy Melnikas Sent from my iPhone 1 • INTEROFFICE MEMORANDUM DATE: 5/21/15 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau, Director of Public Works CC: RE: Annual 4th of July Road Race The Division of Public Works has no objection to the request from Christopher Marshall of the Borderline Running Club to hold their road race on July 4, 2015 beginning at 7:00 for registration. Please remind them that they are responsible to dispose of trash and recycling in the proper fashion. If they need any assistance from the DPW, please have them contact my office_ OF t AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: May 28, 2015 Re: Appointments The Appointment Subcommittee is recommending the following appointments: Elderly and Disabled Taxation Fund Committee- Lauren A. Lemack Cable TV Advisory Committee-Chanida Oros Festival Committee-Chanida Oros North Andover, MA 120 Main Street Phone:978-688-9500 Citizen Activity Form Good Goverment Starts with You Date Submitted: April 19,2015 Name: Lauren A Lemack Home Address: 45 Davis St. i NORTH ANDOVER,MA 01845 Mailing Address: Phone Number(s): (978)808-4143-Cell Email Address: llemack @gmail.com Current Occupation: Assistant Activitites Director,Spectrum Adult Day Health Program Narrative: I have a Bachelor's Degree with a dual concentration in Marketing and Management.Advisory Board Volunteer Appointee/City of Hollywood,Parks Recreation&Cultural Arts Department(6 years).Volunteered as a Big Sister within the Big Brother/Big Sister Program for four years. Currently work as an Assistant Activities Director at Spectrum Adult Day Health in North Andover,working full-time with availability after 5 p.m. Board(s)/Committee(s): BOARD OF HEALTH _COUNCIL ON AGING CULTURAL COUNCIL _FESTIVAL COMMITTEE YOUTH&RECREATION COUNCIL Page 1/1 North Andover, MA 120 Main Street Phone:978-688-9500 I Citizen Activity Form Good Goverment Starts with You Date Submitted: February 10,2015 Name: chanida oros Home Address: 34 royal cresr drive NORTH ANDOVER MA 01845 Mailing Address: Phone Number(s): (978)397-2194-Cell Email Address, kscoros @yahoo.com Current Occupation: housewife Narrative: Not limited in number of hours.I have a degree of MSA from BU. I worked for Comcast for 19 years and worked for P&G for 4 years. Board(s)!Committee(s): ^CABLE TV ADVISORY COMMITTERIK CULTURAL COUNCIL YOUTH&RECREATION COUNCIL'r. i Page 1/1 I AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: May 28, 2015 Re: 4th of July Celebration Request from: Festival Committee For: 1. Approval to Use Town Common for 4th of July Celebration from July 3rd at 1:00 pm to July 4th at 11:00 pm. 2. Approval to close Massachusetts Avenue from Osgood Street to Academy Road on July 3rd from 5-9 pm and July 4th from 6:00 am to 5:00 pm. 3. Waiver all fees Reviewed bv: Police Department Notes: No conditions Fire Department Notes: No conditions Public Works Notes: No conditions TOWN OF NORTH ANDOVER FESTIVAL COMMITTEE 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ttORrM o ,".o o CHUS �h1T80 hPRy�J May 18, 2015 The Honorable Board of Selectmen Richard Vaillancourt, Chairman Town Building 120 Main Street North Andover, Mass. 01845 The Honorable Richard Vaillancourt and the Board of Selectmen: On behalf of the North Andover Festival Committee, I respectfully request the use of the North Andover Common for the Annual 4th of July celebration. The two day event will be held on Friday, July 3rd, and Saturday, July 4th, 2015. We are requesting the use of the common from 1:00 P.M., Wednesday, July 3rd through Thursday, July 4th until 11:00 P.M. The Festival Committee also requests that Massachusetts Ave. be temporarily closed, as needed,to thru traffic from Osgood St. to Academy Rd. on, July 3rd for the hours of 5 pm until 9 PM and 0', for the hours of 6:00 AM until 5:00 PM The Festival Committee respectfully requests that all municipal associated fees for goods and services be waived for this event. To keep the event ADA compliant, we are also requesting that one of the Osgood St. parallel parking areas on the perimeter on the common be designated as a "Handicap Parking Only" parking area for the duration of the event,thus allowing the police department to enforce the restriction. Respectfully submitted, Jeffrey J. Coco Co chairperson North Andover Festival Committee Application for the Use of the North Andover Town Common Please read the attached"Regulations for the Use of the North Andover Town Common"before completing this application. Section 1:General Information Name of North Andover group or individual applying for use of the Town Common: Festival Committee Note:The applicant, if an individual must be a resident of North Andover or, if a non-profit organization must have its principal place of business located in North Andover. North Andover Address of Group or Individual 120 Main St. North Andover Name of Contact Person: Jeff Coco Phone Number of Contact Person: 978-682-5212 or 978-490-6505 Email Address of Contact Person: cocolema @iuno.com Date(s) that Town Common use is requested: July 3-4, 2015 Note: Use is limited to one day only with allowances for set up and removal one half-day prior to the use and one half day after use, unless it is considered a holiday display pursuant to Section 9(b)of the Town Common Use regulations. Holiday displays may be allowed from the Thanksgiving Day until the following January 7th. A) Is the purpose of the use of the Town Common to for the public display of art, banners, signs and symbols? Yes X No B) Is the purpose of the use of the Town Common to conduct an event where more than twenty people may assemble and/or participate? X Yes No If the answer to Question A is yes, please complete Section 2, if the answer to Question 8 is yes, please complete Section 3. If the Answer to Questions A& 8 are both yes, please complete both Section 2 and Section 3. Section 2: Use of the Town Common for the Purpose of Display: Please describe what you will be displaying including a detailed description and dimensions: N/A Please provide a sketch or picture of what you will be displaying. Will you need access to electricity for your display? If yes, for what purpose N/A Please indicate on the attached map approximately where on the Town Common the display will be erected Section 4:Acknowledgements and Signatures By submitting this application, the signer of this form agrees to the following: 1)That the signer is duly authorized to sign the application on behalf of the applicant and is a resident of North Andover or works for a non-profit organization whose principal place of business is located in North Andover. 2)That the user of the common will comply with all rules, regulations and conditions applicable to the use of the common. 3)That the user of the common will hold the Town, its employees and agents harmless from any and all claims, suits, causes of action,judgments and demands of any nature made or obtained by third parties which result from activities or actions of the Town of North Andover, its agents or servants under this permit and if the judgment is entered against the Town of North Andover, said judgment will be paid by said applicant together with all interest thereon. Signed Printed Name:Jeffrey J. Coco Date: 05-18-15 Return completed application to: North Andover Town Hall Town Manager's Office 120 Main Street North Andover, MA 01845. 978-688-9510—Phone 978-688-9556—Fax tmsecretary @townofnorthandover.com MASS.AVE. ti Requesting use of the OSGOOD ST. whole common ANDOVER ST. HAY SCALES --b dti k I NORTH ANDOVER 7 9Q6 .--Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Laurie Burzlaff FROM: Lieutenant Charles Gray QPIr RE: Request from Festivals Committee, 4a'of July on the Common DATE: May 26,2015 Please be advised that the proposal has been attached has been reviewed. As in the past, the Police Department will provide barricades and temporary signage. Officers on patrol will be assigned walking and bicycle beats during the weekend. Additional officers will be assigned as needed to maintain pedestrian and motor vehicle safety. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Far.:978-681-1172 TOWN OF NORTH ANDOVER ["ire Departmeia Fire llrevenflon Office Central Fire I lea dqLMmen's 124 MAIN STREIF.,T NORTH ANDOV['R, MASSACHUSETT'S O1 4 Telephom,, (978) 688-9593 FAX (97 8)688-9594 Andrew Melnikas P'ire Chic, ll,h?ikcis Kmii NhAndover,com ------------��J ---------- Lf 7reder1c7a A,1c(.,'ar1h,y Fh-e Prevention P'A&C'M 1h�( Immo ie.)Y,fhand6vei,,ce.,)m May 18, 2015 To: Laurie Burzlaff, Executive Assistant to the Town Manager From: Andrew Melnikas Re: Festival Committee Request The Fire Department has reviewed the request by the Festival Committee to utilize the Town Common for the Fourth of July festivities. We understand the nature of the road closing on Mass Ave for a period of time and will adjust any emergency responses to /through that area accordingly. Please call should you have any questions. • • INTEROFFICE MEMORANDUM DATE: 5/19/2015 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau, Director of Public Works CC: RE: Annual 4th of July Celebration The Division of Public Works has no objection to the request form Jeff Coco, with the Festival Committee to hold the annual 4th of July Celebration on July 3`d and July 4th from 1:00pm on July 3`d through 11:00pm July 4th If he needs any assistance from the DPW, please have him contact my office. r AGENDA COYER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: May 28, 2015 Re: Vote on Fagade and Courtyard designs for Town Hall Renovation Project Attached are 3 options for the fagade and 3 options for the courtyard for the Town Hall Renovation Project. The fagade options were displayed at Town Meeting and online and residents were asked to give their opinion as to which one they preferred. The votes were 41 for Option A, 12 for Option B and 13 for Option C. FA�ADE STUDIES ®®nharn & Sweeney I Architects t f z c z e — off;�� ME �� mg- ��AV �� ,.� Facade Study- EXISTING ®narn & Sweeney I Architects -� � — - - a e ME T.O. IC RIIX�� Tc y 323-II` '�` �?'s' � l � _ T.O,ROOP OEtlC C ' � TOW!HALL RRS(FLOORITH} s. � ,. - \p s FIRSTFLOOR{FS,NEWf_ 93•.331(<` .. d-.9z 2 t� r FI0.5TfLO92'-�1� 92-0" 1 `mot Facade Study- OPTION A Donham & Sweeney I Architects T.O.ROOFOECK - -' '� `-� \� ,-�' a�� <, '�• - - SECOND FLOOR NEtV s FIRST FtAOR " RNS FIRST FLOOR(sl y Facade Study- OPTION B ®onharn &Sweeney I Architects a m Im \ ,,,\, a T.O._BRICK AT{{ I lk FIRST FLOOR RN} l"00 - y .?.�-.. � �. " v \� ' ' -,��. \ FIRSTFiDOR IF5 NE4Y} 3 i 9Y Fa�ade Study- OPTION C Dunham &Sweeney Architects 1 Ems PLAZA DESIGN STUDIES ®®nham & Sweeney 0 Architects Plaza Study - EXISTING ®n am & Sweeney I Architects a O O MAIN STREET FLAGPOLE CROSSWALK MEMORIAL BENCHES CLOCK Plea Study- EXISTING ®n am & Sweeney I Architects r i EXISTING FLAGPOLE EXISTING CLOCK EXISTING MEMORIAL BENCH RELOCATED EXISTING MEMORIAL BENCH REPLACE CONCRETE W/BRICK Plaza Stu x- OPTION Don ham & Sweeney I Architects _-- �- NMI �.� 01 = = EXISTING MEMORIAL BENCH EXISTING CLOCK REPLACE CONCRETE W/BRICK RELOCATED EXISTING MEMORIAL BENCH RELOCATED EXISTING FLAGPOLE Plaza S TION B Donham & Sweeney I Architects I � 1 EXISTING FLAGPOLE EXISTING CLOCK REPLACE CONCRETE W/BRICK RELOCATED EXISTING MEMORIAL BENCHES Plaza Study- OPTION C Don am & Sweeney I Architects 0 ' • INTEROFFICE MEMORANDUM DATE: May 6, 2015 TO: Andrew Maylor, Town Manager FROM: Bruce Thibodeau, Director of DPW CC: Chief Paul Gallagher Eric Kfoury, Director of Community and Economic Development Tim Willett, Operations Manager Gene Willis, Town Engineer RE: Three Way Stop at Intersection of Elm, High and Water Streets The Town has been planning and carrying out improvements in the area of the above referenced intersection over the past years. As part of the Machin Shop Village District improvements to Elm Street were made in 2011. In conjunction with those improvements,this Department began developing upgrades to the street lighting, improvements to the intersection, and streetscape improvements along Water Street. The street light upgrades will be constructed this spring and the intersection and streetscape improvements are in the five year CIP. During this process I have come to understand there are many near miss accidents at this intersection. It has been suggested that a four or three way stop sign configuration could improve travel through the intersection. I asked the transportation design engineers who are designing the above projects to give us their thoughts. It was suggested that a three way stop may work but that a four way stop could negatively impact travel up the hill from High Street in icy conditions. I have asked Chief Gallagher for the Police Department's recommendation. The Police Department agrees with the suggestion and advises a four month trial period. The Mill Owners, RCG, are also in favor of the stop sign. Finally, I have discussed this with Eric Kfoury, Director of Community and Economic Development, and he suggested that the change would help create a more pedestrian-friendly atmosphere that to attract and sustain visitors to the mixed-use commercial, retail center being established, which is an important goal of the improvements to the area. Therefore, I am recommending a stop sign be placed at Elm Street to make a three way stop at this intersection for a four month trial period. Both the Police Department and DPW will monitor the situation and we will report back to you in October. If approved, Police and DPW will work to install the stop signs and temporary signage to advise motorist of the change. COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM To: Andrew Maylor,Town Manager FROM: Eric Kfoury, Director RE: Affordable Unit Resale DATE: May 21, 2015 Our office has been notified regarding an affordable housing unit that is for sale in North Andover. The Board of Selectmen has the right of first refusal for the property.The unit is identified as the following: 190 Chickering Rd. Unit 109D (Kittredge Crossing) i Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing units. If the Town chooses to exercise its right, then it would be the responsibility of the Town to purchase the property or locate an individual to purchase the property. Our office continues to work with the development's monitoring agent, CHAPA, who possess better resources to preserve the unit as affordable. They have been retained to market the project and work with many other communities on selling affordable units. It is recommended that the Board of Selectmen not exercise their right of first refusal. Once the Board makes a determination CHAPA can identify an eligible purchaser. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 , Web www.townofnorthan dove r.corn F �uirrr i n�� rrr NORTH ANDOVER POLICE 21113100011111 m Community Paltneiship -. Office of the Chief of Police Paul J. Gallagher TO: Andrew W. Maylor Town Manager FROM: Paul J. Gallagher Chief of Police DATE: May 26, 2015 REF: Request for Declaration of Surplus Item—Rifles The Police Department requests that the following rifles be declared as surplus items. NOTE: See attached sheet for list of rifles. Reason for Request: The 14 rifles on the attached sheet have been purchased at different times since 1988.They have been used extensively for training purposes over the years as well as being carried as issued weapons for patrol officers on their daily shifts. The time has come to upgrade the weapons insuring all officers are now carrying the same weapon.This will insure standardization of weapons issued to all allowing for the sharing of ammunition for officer safety if the need should arise. The disposal of firearms is very tightly controlled within the Commonwealth of Massachusetts. Our options are limited and the department is proposing the rifles be traded in to a licensed firearms dealer at a value of$450.00 each for a total trade in value of$6,300.00.This trade in value would then be used as a credit towards the purchase of new rifles. 1475 Osgood Street, Nor ,h Andover, Mass chusetts 01845 1.eIeFgro nee 97€-6 3-3168 Fav 978-685-0249 , nn NORTH ANDOVER Community Padnerahi Office of the Chief of Police Paul J. Gallagher REF: Request for Declaration of Surplus Item—Rifles (Page 2) List of rifles to surplus: MAKE MODEL SERIAL NUMBER Bushmaster XM15-E2S AR-15 BF1462846 Bushmaster XM15-E2S AR-15 BF1656428 Bushmaster XM15-E2S AR-15 L316514 Bushmaster XM15-E2S AR-15 BF1656426 Bushmaster XM15-E2S AR-15 BF1464471 Bushmaster XM15-E2S AR-15 L316549 Bushmaster XM15-E2S AR-15 L344704 Bushmaster XM15-E2S AR-15 BF1656414 Bushmaster XM15-E2S AR-15 L344979 Bushmaster XM15-E2S AR-15 LA72040 Bushmaster XM15-E2S AR-15 L274936 Bushmaster XM15-E2S AR-15 BF1656479 Bushmaster XM15-E2S AR-15 L316694 Bushmaster XM15-E2S AR-15 L344945 1475 sgc)od tr-eet, Igor4hi Aridover, OWIassar,atrisetts 431 34:3 Teleph¢ ne:978-683-;:3168 Fax. 78-685 0249 b NORTH ANDOVER POLICE � e eBiuo aid i /N�• p/ ra Community Pattnerahi p; Office of the Chief of Police Paul J. Gallagher TO: Andrew W. Maylor Town Manager FROM: Paul J. Gallagher Chief of Police DATE: May 27, 2015 REF: Request for Declaration of Surplus Item—Shotguns The Police Department requests that the following shotguns be declared as surplus items. MAKE MODEL SERIAL NUMBER Beretta 12 GA Shotgun 1200FP T35521E Beretta 12 GA Shotgun 1200FP T34214E Beretta 12 GA Shotgun 1200FP T34260E Beretta 12 GA Shotgun 1200FP T26928E Beretta 12 GA Shotgun 1200FP T34564E Beretta 12 GA Shotgun 1200FP T26924E Reason for Request: These 6 Beretta 12 GA Shotguns have been used extensively for training of new officers as well as officer yearly long arms certification.They are carried daily by officers on their tours of duty. The shotguns are showing their use and during shotgun qualifications have caused issues bringing officer safety into question.The failure of the weapon in the time of need is an unacceptable situation. The disposal of firearms is very tightly controlled within the Commonwealth of Massachusetts. Our options are limited and the department is proposing the shotguns be traded in to a licensed firearms dealer at a value of$280.00 each for a total trade in value of$1,680.00.This trade in value would then be used as a credit towards the purchase of new shotguns. 1475 Osgood Street, North/Vid ver, Massachusetts 01845 Telephone: 978-683-3,168 Fax: 978-685-0249 t � mm ! �uim� A»f4u�!i+ NORTH ANDOVER POLICE Community Partnership--- The Office of Chief Paul J.Gallagher TO: Andrew Maylor,Town Manager FROM: Paul J. Gallagher, Chief of Police RE: Surplus of Cruiser 307 DATE: May 27,2016 I hereby request the Town of North Andover surplus police cruiser number 307,a 2012 Dodge Charger with VIN#2C3CDXAT2CH221171. The cruiser has 119225 miles on it and was deemed a loss after being in a crash on April 4,2015. Upon surplus,part of the insurance proceeds will be used to purchase another cruiser. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-685-0249 r gl AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: May 29, 2015 Re: Trustees of Reservations request to use town property for walking trail At the 2014 Annual Town Meeting, the Trustees of Reservations were given CPA funds to build a 1.3 mile walking trail from Stevens Coolidge Place to Weir Hill. Part of that trail goes through town property at Steven's Pond.The project requires the fence along the beach to be moved back 3-4 feet to provide for a safe walking path along Pleasant Street. May 14th, 2015 To: North Andover Town Manager This letter is in response to the town beach fence project. We are having ARCO excavators move the town beach fence back about 3-4 feet to provide for a safe walking path along Pleasant Street.This trail that ARCO is installing is part of a bigger 1.3 mile trail system that connects The Stevens-Coolidge Place to Weir Hill.This trail system will be called The Stevens to Stevens Trail and will link the town of North Andover together bringing people through the town common and many pieces of conservation land. Thank you and please let me know if you have any other questions. Kevin FIND YOUR PLACE Kevin Block Superintendent, Andover/North Andover Management Unit The Trustees of Reservations I Stevens-Coolidge Place 113 Andover Street ( North Andover, MA 01845 kblock @ttor.org 1 978-689-9105 1 610-608-5213 mobile Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH Of tt�ac ra''ti Joyce A.Bradshaw,CMMC - Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 SACHUS 4 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)444--- DATE: May 27, 2015 SUBJECT: Alteration of Premises Application Joseph Lynch, Manager of Club 2104, aka: VFW is seeking permission to alter the premises at 32 Park Street. Mr. Lynch's letter is included explaining the details. The legal notice was published on May 20, 2015 and all abutters notified. Reviewed by Police Department—no conditions Fire Department—please see their memo Building Inspector—no conditions, but awaiting survey plan NORTH ANDOVER VFW CLUB 2104, INC. 32 Park Street • North Andover,MA 01845 978-687-9614 i Karen Ann Fitzgibbons May 1,2015 Assistant Town Clerk for The Licensing Commission 120 Main Street North Andover,Ma. 01845 Dear Karen: Attached please find our application for the extension of our premises to the ABCC. The NAFW board or directors have voted to go non smoking effective 7/1/2015. Therefore to accommodate our members and guest we would like to construct a deck to provide smokers with a sheltered area in which to smoke. The area will be fenced in and only be accessed from the interior of our club. Plans include bushes and shrubs to help buffer noise to our neighbors. No entertainment or speakers will be allowed and beverages can't be purchased out there. But we want to be able to allow our customers to bring a drink out there if desired. Finally attached please find plans for your review Sincerely, --- --— Josep -Ly - - - Club Manager Cub 2104,Inc. The Commonwealth of Massachusetts Print Form ---- Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE,PRINTED, SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER 11719 IF USED EPAY,CONFIRMATION NUMBER: A.B.C.C. LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY): 082600010 LICENSEE NAME: Club 2104,Inc ADDRESS: 32 Park Street CITY/TOWN: orth Andover STATE ZIP CODE 01845 TRANSACT'ION TYPE(Please check all relevant transactions): Q New License 0 New Officer/Director Pledge of License © Change Corporate Name © Transfer of License Change of Location © Pledge of Stock 0 Seasonal to Annual 0 Change of Manager Q Alteration of Licensed Premises Q Transfer of Stock © Change of License Type Q Cordials/Liqueurs Permit Q New Stockholder 0 Issuance of Stock 0 Other 6-Day to 7-Day License Management/operating Agreement ® Wine&Malt to All Alcohol THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 w"%mass.gov/abcc PETITION FOR CHANGE OF LICENSE 082600010 North Andover ABCC License Number City/Town The licensee Club 2104,Inc respectfully petitions the Licensing Authorities to approve the following transactions: 0 Change of Manager n Alteration of Premises n Pledge of License/Stock ® Cordial&Liqueurs © Change of Corporate Name/DBA © Change of Location © Change of License Type(§12 ONLY,e.g."club"to"restaurant") 0 Change of Manager Last-Approved Manager: Requested New Manager: 0 Pledge of License/Stock Loan Principal Amount:$ Interest Rate: Payment Term: Lender: © Change of Corporate Name/DBA Last-Approved Corporate Name/DBA: Requested New Corporate Name/DBA: F] Change of License Type Last-Approved License Type: Requested New License Type: Fxj Alteration of Premises:(must fill out financial information form) Description of Alteration: Construction of open deck with dimensions of 10 feet by 28 feet.Cement slab foundation with frame roof overhang.Deck railings to be installed to prevent access from outside.Access to deck will be from interior of club only.Deck to be used as smoking area for members and guests. © Change of Location:(must fill out financial information form) Last-Approved Location: Requested New Location: Signature of Licensee ReW Date Signed (if a Corpo on1LLC,by Its authorized representative) Financial Information: Costs Associated with License 1. Real Property: $ 2. Business Purchase: $ 3. Renovations/Construction: 19,000 4. Start up/Operating Capital: $ 130,000 5. Inventory: $ 6. Goodwill: $ 7. Furniture: $ 1,200 8. TOTAL COST: $ 121,200 9. TOTAL CASH: $ 21,200 10. TOTAL FINANCED: $ 0 The amounts in items 9 and 10 must total the amount reflected in item 8. LUPORTANT: Submit any and all records, documents and affidavits including loan agreements that explain the sources of money for this transaction. Additional Space Please note which question you are using this space for. Alteration of premises: Extension of premises to patio/deck: Effective July 1,2015 the Board of Directors voted to have no smoking within confines of the building.The purpose of the extension is to provide a sheltered area for our members and their guests to smoke.The area will have a frame roof overhang and be accessed by the interior of club only.A glass door will be installed to allow our bartenders to have visibility to the area so that customers can be monitored.The area will enclosed by a fence to prevent patrons or members of the public from wandering in or out. Alcohol will not be sold out there however we want to allow our customers to bring their drink out there to have a smoke. We will like to put 2 tables out there with 10 chairs for seating.The occupant capacity of our club is 150 people and we envision on 5 to 10 people utilizing the area at one time.Bushes and shrubs on the outside of fencing should help buffer any subsequent noise to neighbors.No entertainment or speakers will be allowed on deck. Finally we intend to pay for the project with existing funds that we have.Please see attached bank statements. �k:a 4ay NORTH ANDOVER '' ---Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: Application for extension of premises-VFW Post 2104 DATE: May 19, 2015 i Please be advised that the following application for extension of premises has been reviewed. The Police Department has no concerns at this time with the proposed request. 1475 Osgood Street,North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 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 0 p FAX(978) 688-9594 Lt. F. McCarthy y o�r�p amelnikas ktownofnoi-thandover.com Fire Prevention Officer 1SS�cHUSE` fmccarthy@townofnorthandover.com Town Clerk Office 124 Main St North Andover,Ma May 20, 2015 The Fire Department recommends favorable action for the VFW,32 Park Street to renovate their building with the following conditions and considerations. • A determination as to extending sprinkler coverage in the addition shall be made by a PE • If coverage is required the FD will need a professional designed plan • Fire extinguishers must be present and marked • Current fire alarm and sprinkler testing and inspection reports must be available • The fire suppression system within the kitchen has been serviced and cleaned recently • Smoking receptacles are present and acceptable • All employees responsible for crowd management must have current certification • Occupancy numbers must be posted on the wall • The street number must be posted on the buildings exterior • The rules for placement of mulch are in compliance • All other fire related codes must be in compliance --------I—am available for any questions or-concerns anyone may-have in relation to the permittingprocess. Regards, Lt.Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Tuesday, May 26, 2015 1:20 PM To: Fitzgibbons, Karen Subject: RE: VFW Application The Building has no issues on the proposed addition but VFW plans are OK except the Survey plan there working on now! From: Fitzgibbons, Karen Sent: Tuesday, May 26, 2015 10:57 AM To: Brown, Gerald Subject: VFW Application Hi Gerry, Joe Lynch just called me saying he spoke with you this morning re the above. Can you give me in writing some kind of recommendation that I can forward to the BOS for their meeting on 6/1/2015? Thank you, Karen Karen Fitzgibbons Asst.Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9500 Fax 978.688.9557 Email kfitzgibbons(a)townofnorthandover.com Web www.TownofNorthAndover.com Id 1 Fitzgibbons, Karen From: Sawyer, Susan Sent: Friday, May 08, 2015 10:46 AM To: Fitzgibbons, Karen Cc: Bradshaw, Joyce Subject: RE: VFW alteration of premises don't believe we have any issues with just a deck. From: Fitzgibbons, Karen Sent: Friday, May 08, 2015 9:10 AM To: Sawyer, Susan Cc: Bradshaw, Joyce Subject: VFW alteration of premises Hi Sue, Joe Lynch from the VFW is applying to add an outside deck to the building on Park Street. They will be before the BOS on 6/1/2015. Any comments from the BOH? Thanks, Karen i 1 Town of North Andover Licensing Commissioners Public Hearing Notice Notice is hereby given that the Vorth Andover Licensing Commis- 3ion will hold a public hearing on Monday, June 1 , 2015 at 7 : 00p . m . in :he Selectmen ' s Meeting Room , 2nd loor, Town Hall , 120 Main Street , Vorth Andover, MA on an applica- .-ion received from Club 2104 , Inc . , (VFW) 32 _Park .Street , North Ando- ier, MA for Alteration to Premises . Tracy Watson , Chairman , Licensing Commission .T - 5/20/ 15 . .D /• • = flI I• / ru ° ED • �jl ro S"' •1'i `tom a r •f9 L)I'` r � t"IF; •o44.J ro r_ CO D•- Postage,"$ 1 �':= J�4L �, Postage $ Cerhiredf�e + _;, ` COAtfiedFee y Postmark r9 Postmark p Return Receipt Fee Here p Return Receipt Fee Here p (EndorsementRdqulrcd) It p (EndorsemantRequired) °� ED Restricted Dellve uFoe, ° Restricted Delivery Fee 1:3 (Endorsement Required) O (Endorsem ent Yv.UL Required)ru rLi co Total Postage&Fees (�•i%' Total Postage&Pees $ ti.4 r co ni I ru Ir onto Kittridge School-Town of N.A. rr `� Mary Ellen Langdon C3 b`rrse�Ap"t.•�— I Q Street,Apt:No.; ° or PO Box No. 120 Main Street o or Po Box No. 58 Pleasant Street --•--•----------•---------------•------------------------------------------ r�- - - - _ .. City,State,ZIP+9 City State,ZIP+4 ..••---•;•.•^.-..•.r•_•••....}••^----------- No,..- Andover MA 01845 No. Andover MA 01845 II ' r� M '... ;ry Fro vw.7 K � th UTIS3 .0 5 Er Postage $ ;' � '+ rya:c ro �, Q- 9 v4,. D-. Postage $ ,$tj„'ic� i'O�� ro ro J• " Certified Fee > 21 Certified Fee % �>"t 21 r-R M Return Receipt Fee Postmark r_1 1. Postmark C3 (Endorsement Required) 1121.Iii Here (Endorsement Receipt Required) !I i " .. } Hero p Restricted DeliveFee :+ :>'�') ° (Endorsement Restricted Delivery Fee `_ u (Endorsement Required) ° p ru t Total Postage&Fees co Total Postage&Fees ou t {? ' ni •r• fU lr ant o William Dubois L To C3 r Chickering Properties - M F^-� ° - �t-roar,Apt No.;°----•---°-•--..•°_°..._..-°-^-°-^---'-------- p SYr`ee4---t No ° 231 Sutton Street _ or PO Box No. 235 Pleasant Street ° or PO Box No. ►~ - -• -------- -------------------••------------------ E`- -...-- - --.-__.^ -_----.�_...- - ------ Gity,Stale,ZlP+4 -- C ,SfBfe,ZIP+4 ^� .No-.•, Andover MA 0184 No. Andover. MA 01845 • i; w r` l w ° - _n I. • ji Er -f- ro Q Postage .4)� 084; Er Postage Certfied Feb '�' ;i} .<. ?� Certified Fee • ,.rq Postmark L7 Return Receipt Fee Postmark C3 Return Recelpt Fea,- L1C• 'r`'n f' t Here p (Endorsement Required) .70 Here p (Endorsement Required):. �•r�r i L7 - Restricted De'I Fee ��.:>L• ° Restricted Delivery Fee. :r ��•L'! (Endorsement Requlred) (Endorsement Required) j O ° ru nj ro Total Postage&Fees $ j 9 rQ Total Postage&Fees'?4g f1J ru Senl o L-64A othy N011n tr North Andover Middle School Q --------------- -- ---------_ ---.—. - -- - - . . ............v. -•.° StAptNo.; 227 Pleasant Street p vrPOBoxNo. 120 Main Street �`--glen-_---------------------------------------•-----------------------°----- a —-- ---- -crate,ztP+a .No- Andover, MA 01845 North Andover MA 01845 Abutter to Abutter( X J BulldingDepf. ( Conservation O Zoning ( ) TOWN of NORTH ANDOVER ABUTTER LIST REQUIREMENT: MGL 40A,Section 11 stales In part"Parties In Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner Is located In another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Sub/eci Property: AP PARCEL Name Addres s 71 42 Veterans of Foreign Wars 32 Park Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Addres s 71 33 -Chickering Properties,LLC 231 Sutton Street,North Andover,MA 01845 85 43 /William Dubois 235 Pleasant Street,North Andover,MA O1845 85 46 ✓Dorothy Nolin 227 Pleasant Street,North Andover,MA 01845 85 49 ✓Mery Ellen Langdon 56 Pleasant Street,North Andover,MA 01845 Middle School .i Town of North Andover 120 Main Street,North Andover,MA 01645 KiRridge School v/Town of North Andover 120 Main Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assesso7 ffice as of Date Certified by;-f., J - -�? s= ji S ti v i i' I TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 O� pORT#1 tt�a° rb +y Joyce A.Bradshaw,CMMC 0 �°� �r^ op Telephone(978)688-9501 Town Clerk, * FAX(978)688-9557 Act+u 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 o� DATE: May 27, 2015 SUBJECT: Common Victualler and Entertainment Licenses Mr. James Pinho is seeking permission to be granted the above licenses in order to open a restaurant at Eaglewood Plaza, 111 Turnpike Street,Unit 5B,North Andover. The name is Fresh Choices Eaglewood, LLC with a dba of: b. good. There is no alcohol involved. This is the former location of Pazza Gelato. Reviewed by: Police Department—no conditions Fire Department—standard conditions Building Inspector-no conditions i 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. 1 f+1 f f c f. ❑ change of dba❑ Indicate if license is: new j Other List type of license(s)applying for: E Common Victualler F-1 Package Store All Alcohol F]ClassINo.ofvehiclesfordisplay ❑ Restaurant All Alcohol ❑ Package Store Wine&Malt ❑Class II No.of vehicles fordisplay:_ F-1 Restaurant Wine&Malt ❑Fortune Teller F-1 Club All Alcohol ❑Vehicle for Hmfrma No of Vehicles: Annual Entertainment ❑ Sunday Entertainment ❑ Electronic Games-list below: ❑ Jukebox ❑ Billiard Table No.of tables: / Business Name (legal): f2'ESH CGjo�CES �R9l�i�a��S�dba: _ �00 p 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. Address of licensed premises (include zip code): / 1VD2Tr1�,vl�°• GEC- mailing address (if different than above address): 1DOQNba✓EC R�� Ass{ ef-,' � /U� A ,,, Name of individuallapplicant authorized to apply for license: �'sj.u£S Pt,vH o-_- -- -- - --Business-tel-no-of-applicant. 9 7 g�6 1 0-0 Business-email: -D�� _y1J V2.� orQ��t c�. /K REIN:(F.I.N.). '17- 3 3 y�1a YV Please check one of the following:11 own premises L'!1 lease premises property under P&S Name and address of property owner if different from license holder: Xko/JE2-iES LLfi /). o /6P5,,c , li4 Name I MOMS If applicable, please attach copy of lease and/or Purchase and Sales Agreement. Do you currently hold a similar license? What type? Have you previously applied for a license? (Yes)❑ (No)Ef Have you ever had a license revoked? (Yes)❑ (No)❑/ If yes, please indicate why: 1 i I i i i 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 81/2 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: j Monday Id:az)u,- /i:oo orlThursday to:o0 qM- r1 =ao Al- Tuesday ir.'oopAFriday ,o:oa4 - It:oo a.� Wednesday Saturday to g: Sunday /o:&4 A- I (Specify liquor sale hours if different than regular establishment hours): j Has the applicant operated a similar business? (If applicable) Name of Business: Address: Federal Tax No. (If applicable): I certify that 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: i�� s' Signature: I certify under the penalties of perjury that I,to the best of my knowledge and belief, have filed all state tax returns and paid all state and ocal taxes required by law. Date: �� Signature: I certify that I have read throu tLconditions included with this license and agree to comply with any further stipulations that the i 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 informatio contained in this application. Date: z Signature: Please contact the Town Clerks Office at(978)688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 i I NORTH K w aa� The Licensing Commission for the Town of North Andover APPLICATION FOR AN ENTERTAINMENT LICENSE The undersigned respectfully applies for an entertainment license as follows: i>l%�nNPref-S% - -- LOCATION OF PREMISES /✓D/LT/-/ 4,y6dveA, li4 CLASS OF LICENSE: f6 ij d A DESCRIPTION OF PREMISES: • U HOURS OYOPERATION:Weekly Sunday 10 4e 4¢rN Please check appropriate item(s): / JUKEBOX AMPLIFERS PHONO: CABLE TV: WIDESCREEN TV 1/ CASSETTE OPER.TV MOVIES: INSTRUMENTAL MUSIC: NO.OF INSTRUMENTS: Type of instruments: What floors VOCAL MUSIC: No of persons DANCING BY PATRONS: Type of Dancing; What Floors? Size of dance floor: Exhibition or Trade Show Describe: Play: Describe: Moving Picture Show: Describe: Floor Show: Describe: Athletic Event: Describe: Page 2 Did you hold an entertainment license from the Commission pursuant to section 183A of Chapter 140? If yes,was it for the exact same entertainment being requested in this petition? I �5 the applicant or representative,certify to the following: I have read and understand all the requirements that may be imposed upon the applicant under Chapter 140, Section 183A this license and those policies of the Licensing Commission regarding entertainment. That the only form of entertainment which may be allowed on the premises, if the application is approved, will be that which the Licensing Commission approves based upon my application. That all statements provided herein are true and are complete as possible. That I understand that this license may be suspended or revoked should the Commission find that any items of information sought and given on this application are either untrue or not complete, or, that the applicant is found to have conducted the entertainment outside the provision of the above cited laws and regulations and outside of the approval given on such license or permit. A Signature ofAppficarit.___ Date: NORTH ANDOVER Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray �U RE: Common Victualler License Request-Fresh Choices Eaglewood LLC DATE: May 14,2015 I Please be advised that the following Common Victualler license request has been reviewed. The Police Department has no concerns at this time with the proposed request. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax:978-681-1172 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 f NORTH Andrew Melnikas Telephone(978) 688-9593 Fire Chief F = p FAX(978) 688-9594 Lt. F. McCarthy RQID amelnikas@townofnorthandover.com Fire Prevention Officer 'SS..CH�S�� fmccarthygtownofnorthandover.com Town Clerk Office 124 Main St North Andover,Ma May 15,2015 The Fire Department recommends favorable action in granting a common victualler's and entertainment license to the restaurant,B Good located at 111 Turnpike St. Suite 5B providing they meet all requirements under the fire code related to operating their business. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, May 14, 2015 12:40 PM To: Fitzgibbons, Karen Subject: RE: Common Victualler& Entertainment Licenses Building Dept has no issues From: Fitzgibbons, Karen Sent: Thursday, May 14, 2015 11:37 AM To: Gray, Charles; Melnikas, Andrew; Brown, Gerald Cc: Gallagher, Paul; McCarthy, Fred; Morrison, Diane; Leathe, Brian Subject: Common Victualler&Entertainment Licenses Hello, Attached please find an application for a Common Victualler License &an application for an Entertainment License from a Mr.James Pinho who is seeking permission to open a restaurant at Eaglewood Plaza, 111 Turnpike Street, Unit 5B. Please have your recommendations to me no later than Thursday, May 215` or sooner. Thank you for your co-operation. Karen III A011-PIT-NINT C—M AHT, GID F taz-1 DINING i i 00; ED <8> Qu) L LECTRICAL SPRINIILER ROOM ET-n I E ROOM L -1:0 E03 FIF� FIR goo" ---------- -- REVISED 04-20-IS I=771------------T II I No. Description Date ADJACENT TENANT MMEN O—RY STO 106 IMI RENOVATION PLAN UP LINE ELEVATION PIGK DOOR— 9 1 JORDAN O'CONNOR ti ASSOCIATES Tg"e Tenant Fit-Up .0 N..A,,d—,MA L RENOVATION PLAN,DOOR TYPES,AND MILLWORK DETAILS SECT ON THRU CASHIER �TIQN THRU GONPIMENT �T3:QN AT KITGHEN LINE DING. A-1.01 z x N a IM fta eel A� 0o&o,,w, uad&f&& 02/33 4V ,A William Francis Galvin Secretary of the Commonwealth March 6, 2015 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by FLESH CHOICES EAGLEWOOD, LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on March 9, 2015. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: JAMES F. PINHO I further certify,the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are: JAMES F. PINHO ___The names-of all persons authorized to act with respect to real property listed in the most _ recent filing are: JAMES F. PINHO In testimony of which, I have hereunto affixed the � 'ff�u � �« Great Seal of the Commonwealth on the date first above written. ' F.`F�i• �,. Secretary of the Commonwealth Processed By:nem Rx FRESH CHOICES EAGLEWOOD,LLC CONSENT RESOLUTIONS OF THE MEMBER AND MANAGER The undersigned, being the sole Member and the sole Manager of FRESH CHOICES EAGLEWOOD,LLC, a Massachusetts limited liability company(the"Company'), does hereby waive all notice of the time, place and purposes of a meeting of the Member and of the Manager of the Company, and consents,pursuant to the Operating Agreement of the Company and Chapter 156C of Massachusetts General Laws,to the adoption of the following resolutions with the same force and effect as if adopted at a duly convened meeting of the Member and of the Manager of the Company, and hereby directs that this written Consent be filed with the minutes of the proceedings of the Member and of the Manager of the Company: RESOLVED: That James F. Pinho be appointed as the sole Manager of the Company, and that the Manager be, and hereby is, authorized and directed to execute, deliver and file a Certificate of Organization with the Secretary of the Commonwealth of Massachusetts; and be it further RESOLVED: That the Company adopt a calendar year-end for tax and accounting purposes, and to ratify, confirm and approve the filing of an Application for Employer Identification Number (Form SS-4) with the Internal Revenue Service authorizing the Company to be taxed as a"disregarded entity-single-member LLC"; and be it further RESOLVED: That the Manager of the Company be, and hereby is, authorized and directed to open depository, checking, money market or other financial accounts with such banks and financial institutions as he deems appropriate, and that the Manager be,and hereby is, authorized and directed to complete and execute such forms and resolutions as may be required by any bank or financial institution to establish and maintain any such accounts; and be it further RESOLVED: That the Manager of the Company be, and hereby is, authorized and directed to take any and all actions as he may deem necessary or appropriate to implement or give effect to_the foregoing Consent Resolutions. Dated: /' �E'�°f/ 11- ,2015 BEING THE SOME MANAGER BEING THE SOLE MEMBER OF FRES S EAGLEWOOD,LLC OF FRES HOICES EAGLEWOOD,LLC Jam F..PKho P inho MA SOC Filing Number: 201520347510 Date: 3/9/201510:37:00 AM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that,upon examination of this document,duly submitted to me,it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: March 09, 2015 10:37 AM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 RTFI Of S.rllD ,6.6 .76 Joyce A.Bradshaw,CMMC F Telephone(978)688-9501 Town Clerk FAX(978)688-9557 CHU 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: May 27, 2015 SUBJECT: Common Victualler&Entertainment Licenses Jorge& Concepcion Penella are seeking approval for a Common Victualler License& an Entertainment License under the name: Dicor Restaurant, 1060 Osgood Street. If approved, they will be taking over the location of Falafel Restaurant. There is no alcohol license being applied for. Reviewed by: Police Department—no conditions Fire Department—standard conditions Building Inspector—no conditions i I. i 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. l r\ Indicate if license is: new 1 r 1 a s f e r, ❑ change of dba❑ Other List type of license(s)applying for: On Common Victualler Package Store All Alcohol ❑C1assINo.ofvehicles for display- riRestaurant All Alcohol F-1 Package Store Wine&Malt ❑Class II M.ofvekiicles for display:_ Restaurant Wine&M alt Fortune Teller Club All Alcohol Vehicle for HireJTaxi No of Vehicles: ❑ Annual Entertainment ❑ Sunday Entertainment ❑ Electronic Games-list below: Jukebox Billiard Table No.of tables: Business Name (legal): C. - ba: �x ��—�. 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. Address of licensed premises (include zip code): /00 mailing address (if different than above address): s Name of individual/applicant authorized to apply for license: q � Business tel. no. of applicant: Le 6 D. Business email: &i Ld , Q U REIN:_(F.I.N.). Please check one of the following:❑own premises alease premises❑property under P&S Name and pd4ess of property owner if different from license holder: 7)eLL1- 01D a ne Address If applicable, please attach copy of lease and/or Purchase and Sales Agreement. Do you currently hold a similar license? What type? �A/ Have you previously applied for a license? (Yes) ❑ (No)Pq Have you ever had a license revoked? (Yes)❑ (No)g If yes, please indicate why: 1 i i If there is a building or structure associated with the license, please submit the following (preferably on 8112 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: c' Monday oo m 04 Thursday W!03 a•n- Tuesday 4?009,,- C�;a)Qm Friday )&ftoom- )0:"m Wednesday Vt tm gn,- q:00 ,�iSaturday l,�:ooArn- J mam* Sunday j" OZ)0,1,- 60en, (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) 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: Signature:Z-nd I certify under the pen 'es of_perjury_thatVto edge and belief,_hava-filEdall ------ state tax returns and paid all state and local taxes required by law. n Date: Signature: ! L4 /� 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 applicatio n. Date: Signature: Please contact the Town Clerks Office at(978)688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 K F K k f The Licensing Commission for the Town of North Andover APPLICATION FOR AN ENTERTAINMENT LICENSE The undersigned respectft ly applies for an entertainment license as follows: LOCATION OF PREMISES _CLASS OF LICENSE: DESCRIPTION OF PREMISFS: Lr-5�j � HOURS OYOPERATION:Weekly !V.QQgW— qm C Sunday .(a)RW— � Please check appropriate item(s): JUKEBOX &)/A—AMPLIFERS !� PHONO: CABLE TV: WIDESCREEN TV (Q CASSETTE OPER.TV _MOVIES:',& Ytq INSTRUMENTAL MUSIC: s / NO.OF INSTRUMENTS: `\ Type of instruments: What floors VOCAL MUSIC:NV No of persons DANCING BY PATRONS: Type of Dancing; What Floors? Size of dance floor: Exhibition or Trade Show Describe: Play: Describe: Moving Picture Show: Describe: Floor Show: Describe: Athletic Event: Describe: Page 2 Did you hold an entertainment license from the Commission pursuant to section 183A of Chapter 140? . If yes,was it for the exact same entertainment being requested in this petition? .I ,the applicant or representative, certify to the foil' g: I have read and understand all the requirements that may be imposed upon the applicant under Chapter 140, Section 183A this license and those policies of the Licensing Commission regarding entertainment That the only form of entertainment which may be allowed on the premises, if the application is approved, will be that which the Licensing Commission approves based upon my application. I That all statements provided herein are true and are complete as possible. That I understand that this license may be suspended or revoked should the Commission find that any items of information sought and given on this application are either untrue or not complete, or, that the applicant is found to have conducted the entertainment outside the provision of the above cited laws and regulations and outside of the approval given on such license or permit. ignature of Applicant Date: ir, NORTH ANDOVER ---Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: Common Victualler and Entertainment License Request-Dicor Restaurant DATE: May 18,2015 Please be advised that the following Common Victualler license and Entertainment license request has been reviewed. The Police Department has no concerns at this time with the proposed request. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas Telephone(978) 688-9593 Fire Chief FAX(978) 688-9594 Lt. F. McCarthy o ,>•' Fire Prevention Officer ��ss��° ��y amelnikasgtownofnorthandover.com "GH"s fmccarthy townofnorthandover.com Town Clerk Office 124 Main St North Andover,Ma May 20,2015 The Fire Department recommends favorable action in granting a common victualler's license to Jorge & Concepcion Pevella to operate a restaurant DBA Dicor Restaurant 1060 Osgood Street under the following conditions. • The fire suppression system for the kitchen must have been inspected and tested within 1 year by a licensed professional. • Any changes in the interior[petitions&walls] will have to be reviewed for sprinkler coverage • Any change in the sprinkler coverage will require a permit • Fire extinguishers must be present and marked • The FD will need a copy of the last fire alarm and sprinkler inspection and test report for the building [current] Regards, Lt.Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Monday, May 18, 2015 3:55 PM To: Fitzgibbons, Karen Subject: RE: Common Vic and Entertainment Licenses Bld. Dept has no issues From: Fitzgibbons, Karen Sent: Monday, May 18, 2015 3:02 PM To: Gray, Charles; Melnikas, Andrew; Brown, Gerald Cc: Gallagher, Paul; McCarthy, Fred; Morrison, Diane; Leathe, Brian Subject: Common Vic and Entertainment Licenses Hello, Please find attached an application for a Common Victualler License &an application for an Entertainment License from Jorge &Concepcion Penella who are proposing to open Dicor Restaurant at 1060 Osgood Street. They are simply taking over the location of Falafal Restaurant. There is no alcohol at that location, and no alcohol license is being applied for. Kindly have your recommendations to me by 10 am Friday, May 22, 2015. Thank you for your co-operation. Karen 1 i CJ Z Y o co A F r cJtat&5WL1W, -qO&0121, 02>33 William Francis Galvin Secretary of the Commonwealth May 7, 2015 TO WHOM IT MAY CONCERN: I hereby certify that according to the records of this office, DICOR RESTAURANT CORP is a domestic corporation organized on April 30,2015, under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pending under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation;that, said corporation has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. 1 Secretary of the Commonwealth Processed By: jbm 53 179 1'33 6 Ailte Buszne�s;Coysu'lttng LC zF,, 11015 Elrn',Streeti201A �""'°'�re''°� �u " + Manchester NH'03103 603 793 9866 { ' 7. �.� SteBAl•ll\ ' Boston MA 02110 eastembank.com :1.800-EASTERN - NYCUo t Dum st ee Ra i r V i J' pa s .......... k y 1 ��• 4 LIX - -91 Itit the CD Curb ClUrb+ cel . :Ln G u, Sr i t"r�L6 Entrance ce� � Table Table Back Exit Uoi Dry 5'4" x6' 0° tor. Mop Sink Dishwa Vegetable sher Sink Ansul 2 Door Freezer Sin able k ryola Oven r''' Table Grills Under Counter Table Salad Bar / Fridge 3-Bay Sink Fri Dry Storage Hand T o Sink Dry torage Rack Walk-In coffee 2'4:%djgr0" Dry Storage Maker Girls Bthrm 5' 0"x 5' 0" O O O 00 O Tlt Sink O O O Sink Tlt O O 5, 0„x 5' 0„ O O Men's Bthrm 00 O O Entrance May 11, 2015 Jorge Penella 126 Brook Street Haverhill, MA 01832 OBJECT: CERTIFICATE OF CORPORATE VOTE To whom it may concern, This is to certify that at a special meeting of the Board of Directors of the Corporation, held at the offices of the Corporation located at 126 Brook Street Haverhill, MA on May 112015 at 5:30pm, all the Directors being present and voting, it was unanimously VOTED: The place of business for Dicor Restaurant will be at 1060 Osgood Street North Andover, MA By unanimous consensus therefore we shall move forward adopting the elements required by said vote. Sincerely, Jorge Penella President 617-413-5005 Dicor.restaurant @gmail.com TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH O�tt4LD a�H Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk, * FAX(978)688-9557 CHUS t� 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: May 27, 2015 SUBJECT: Mobile Food Truck License Mr. Scott Granwehr, 210 Merrimack Street,Apt. 211, Lawrence,MA is applying for the above license. He plans to locate"THE FARM STAND"food truck, in the parking lot of Chippendale's Dance Studio, 110 Sutton Street. Permission from the property owner is included. The North.Andover Board of Health has issued a permit (copy included). Reviewed bv: Police Department—no conditions Fire Department—letter attached Building Inspector—no jurisdiction t4 TOWN CLERK'S OFFICE, NORTH ANDOVER,MASSACHUSETTS MOBILE FOOD LICENSE APPLICATION FOR TAKEOUT FOOD SERVED BY MOBILE FOOD VENDORS (PLEASE TYPE OR PRINT CLEARLY) Name of Applicant: Scott Granwehr Date: 5/12/2015 D.O.B: 08/31/1984 S.S.N: 158-76-0591 Dr. Lic#: S37627642 Fed.ID#: 47-2688283 Name of Business: The Farm Stand LLC. Business Address: 210 Merrimack Street,Apt.211, Lawrence, MA 01843 Business Telephone: 978-228-1448 Home Address: same as business address Cell Phone: 845-987-6725 Hawkers & Peddlers License# 120581A Please provide the following for each owner and all employees ; (if more space is needed use back of form) CORI SORB Name Social Security Number Authorization Authorization i Scott Granwehr Y N Y N i Y N Y N Y N Y N Application Review (Required Before Mobile Food License Decision) PROVIDE THE FOLLOWING INFORMATION: What will be the hours of operation? 3-7pm Monday/Thursday& l l am-3pm Saturdays What Address will the vehicle originate from: 342 Pearl Street, Malden, MA (The Stock Pot) What provisions have been made for trash removal? Dumpster and trash hauling provided by commissary. Additional trash cans and storage provided at vending site. --What provisions have been made for restroom-facilities? See attached toilet-facility agreement — - ---- - ----- ---- - -Have you applied to the Board of Health for a food permit? : X (YES) (NO) `Approval received 5/8/2015 Will you be seeking permission for the following items: Free-standing Sign: (YES) X (NO) Table or Chairs: (YES) X (NO) Music/Entertainment : (YES) X (NO) PLEASE ATTACH A SEPARATE LIST OF THE PRIVATE LOCATIONS WHERE THE MOBILE FOOD VEHICLE WILL BE DEPLOYED AND ATTACH A SKETCH OF HOW THE VEHICLE WILL BE POSTIONED AND OTHER DETAILS OF THE AREA TO BE LICENSED. I,the undersigned, state that the information provided in this application and associated attachments is true and accurate to the best of my knowledge. Print Name: Scott Granwehr Signature: Date: 5/12/2015 Note: No Mobile Food License will be approved until the applicant addresses all issues and concerns to the satisfaction of the Board of Selectmen. A MFL will NOT be issued until all required inspections have been conducted,permits granted, and final approvals given. TIvis site location form,entered into b}' K1.0 Rcalty Tnisl. the"props rty o�ti�tcr"of'NANCY Cl lJPPENDALI 'S DANCE STUDIOS, the "site location", with a physical address of 1 10 SUTTON STREET, NORTH ANDOVER, MA 01845, and'f 11I' 1"A1:M STAND food truck, the"mobile food unit",(properly owner and mobile food unit together as"thc parties")on this date of'March 2,2015, identifies die proposed parking locations to be used by mobile food unit for vending smites during the dates and times agreed upon between the parties. �y I i i t" 7 � • L 1,Robert Carberry, herby consent to the parking,and vending services ol'this mobile fixed unit within the high ' ed areas above at lie site location. I obert Carberry `'rustee: KLC Realty Trust 1, Scott Crramvchr hereby agree to park:the mobile food unit only within the agreed upon areas at the site location during the dates and time a- ced upon between the parties. Scott Granwehr Managing Member: The harm Stand LI-C. SPECIAL STATE LICENSE Take Icare of your License. 1 .Lost license will not be replaced. Hawker or Ped e ' Fee: $60.00 Display $2.00 N° 120581 N ��p t�x�mm�anxu�e�r1#f� of ��sx..rrf��art�s Licensee: Scott Granwehr. 210 Merrimack Street apt#21 1 DIVISION OF STANDARDS w { { LAWRENCE MA 01 8 4 3 ONE ASHBURTON PLACE, BOSTON I 1!19) . ..Ex Tres : . /, . l.�O:L.� .:.. �\ Date of Birth: ye 1 D at Q.�/..2.7./.2 D.7.!5...................... 1 r Above portion must be warn zna vrszble,: anise ,x and:conspicuous m ran outer cZathing. Sri �,Y t sfr y� a �� lto� wh'on� thesel presents come, that the above-named person is hereby p # 2txtlUri unto a� licensed to�goaboug} aa;?`� 4 hE�R� oxPEDLE Ran ,all 'the Cities and Towns in this Common- . V ny{, wealth, augdtosarexpo`sor�sale;�or��barter ameats, butter, cheese, fish, fruits, vegetables, v or otherggo ds,`" vyar +o a c ancllse{; cegt �eweljr urs, ,wines, s irituous liquors, small arti- 'i', fic�a ' floe s �r �Il artU?rSi E the '`ce ` wee�liasendorsed his usual signature in the space ` � gr� ded E e ce s dated and#4 stamp, with the official stamp or o eez d�cating'tle lic nse number licensee's name ar it i= axid ,canspicuo�s manner on outer clothing, hadzio hcens ff. 1 T r, {• 1• a�G.a.� .� �'.... .rase.'. .�..rte•+.�y..•....�w..a.H....a... .__.._ , 46 A Diree o f 5tandat p TRANSFERABLE Toilet Facility Agree This toilet facility agreement, entered into by KLC Realty Trust,the "property owner" of NANCY JIPPENDALE'S DANCE STUDIOS, the "site location", and TIDE FARM STAND, the "mobile food unit", i this date of March 2, 2015, hereby authorizes the use of any and all toilet facilities at the site location, by the obile food unit staff during vending service hours, including service set up and take down hours. i By signing this agreement, the mobile food unit and its staff agree to (i) use only the toilet facilities at the to location for restroom purposes, (ii) that the toilet facilities will be used as designed and for no other purpose [her than restroom purposes, (iii) that the mobile food unit staff shall be fully responsible to keep the toilet lcilitles clean, (l.v) and that the mobile food unit staff shall be fully liable for any and all damages to the toilet icilities caused by the mobile food unit staff. i _ ,obert Carberry `rustee: KLC Realty Trust >cott Granwehr Aanaging M,er �b-er-:-�F-arr-Stand__I C COMMONWEALTH OF MASSACHUSETTS NUMBER 5Y � +• North Andover BHP-2015-0165 z BOARD OF HEALTH FEE $95.00 The Fa17T1 Stand DATE ISSUED NAME May 08,2015 I i 210 Merrimaelc St. Apt. 211 LAWRENCE, MA 01843 - ADDRESS ---------------- ----- IS HEREBY GRANTED A Food Est. -MOBILE FOOD-NO-ON-SITE PREP Permit MOBILE FOOD-NO-ON-SITE PREP This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires-_----_-- December 31 2015 - - -unless sooner suspended or revoked. D 1,20 RESTRICTIONS: Juice,smoothies,prepared salads ------------------------------------ BOARD OF NOTES:Contact: Scott Granwehr 845.987.6725 HEALTH -----------t ' A_-k u_ " :!l-�__ _____ HOURS ACTIVE:Mon thru Sat 11-2pm or 4-7pm E - BOARD OF HEALTH CHAIRMAN I I IN 0 OEM W-7 JU IL Tj RTNANP ---Community Partnership... i Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: Mobile Food License Application-The Farm Stand DATE: May 18,2015 i Please be advised that the following Mobile Food License Application has been reviewed, The Police Department has no concerns at this time with the proposed request. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas °f<�"° • 'tio Fire Chief F� i'' °A Telephone(978) 688-9593 FAX (978) 688-9594 Lt. F. McCarthy « a e ,,,, amelnikas@townoffiorthandover.com Fire Prevention Officer �SS+cHUSEt fmccarthy(crtownofnorthandover.com Town Clerk Office 124 Main St North Andover,Ma May 19,2015 In regards to issuing a food license to Scott Grandwehr to operate a mobile food truck under the name, The Farm Stand.The Fire Department will need more information as to the equipment intended to be used.He must adhere to all fire codes related to mobile food trucks such as fire suppression systems for cooking purposes. Regards, Lt. Frederick McCarthy Fire Prevention ` 978-688-9590 Burzlaff, Laurie From: Fitzgibbons, Karen Sent: Monday, June 01, 2015 8:23 AM To: Burzlaff, Laurie Subject: FW: Farm stand food truck Laurie, FYI: Can you add this note from Lt. McCarthy to "The Farm Stand" mobile truck application for tonight's meeting? Thank you! Karen From: McCarthy, Fred Sent: Friday, May 29, 2015 7:39 AM To: Fitzgibbons, Karen Subject: Farm stand food truck Karen, I inspected this vehicle yesterday 5-28-15. Everything is in order, I am just waiting for a copy of the permit for the suppression system.The gentleman will have a copy for me on Monday. I have no issues with the vehicle being placed in service prior to receiving the permit. Regards, Fred M 1 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 00RTFf }yaA, Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 C US 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: May 27, 2015 SUBJECT: One Day Licenses There are 2 upcoming wedding receptions being held at Smolak Farms and the applicants are seeking One Day All Alcohol Licenses: Saturday, June 13, 2015: Rastello/Baker wedding 4 prn to 10 pm Saturday, June 20, 2015: Burger/Larson wedding 4 pm to 10 pm Reviewed by: Police Department—standard conditions Fire Department—no conditions Building Inspector—no conditions TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSf:APPLI.CATION (30 DAY NOTICE STRONGLY RECOMMENDED) Or a. � Cl'�A<WC3 nization holdin � Name&Address of Responsible Party: � �_°�l�l c,A OkJa :O c?c1QU, Cont a t.Nuinber.&e"mail t> Berl Location of EVOnt; ` Ve Of Event:. Cy� is tiie Wei fb,e tig catered, Yes W N�ti]evfi�terer � �.l y � � Gate&.`Curie of Event. Ll 0-7-7:1 ✓� O Non-I srrfit:Organizatibn OtheeTha;n ido Prt�#iY Wi`rie`&Malt All Alrroiioi Wliie&:gait qt i3H. L(MUST*$E RiJitCt AS-t-()0,y THE.t I N. E Ei3 3M 1 Vlrl^tO:LE AL R -- Has permission_15een received from tfie proper owner to hold event?i -- `�- --- - - - -O tD Who is serving The alcohol? �� Does-.the server have liquor liability insurance? _ Have.servers had training in.alcobol service? ` 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify.that 1 am not prohibited from holding such license. I agree.that the Town of North Andove.r is in no`vday responsible,for the actions of the applicant. Applicant's Signature Date i NORTH ANDOVER - OWN A ---Community Partnership- Operations Division Lieutenant Charles A Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: One Day Liquor License Request- Smolak Farms June 13,2015 DATE: May 14,2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws,including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event. These can be delivered United State Postal Service,Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NOR7N ',........ Andrew Melnikas �°,<«`° "1 4, Fire Chief F p Telephone(978)688-9593 FAX(978) 688-9594 Lt. F. McCarthy �a ,r;o�•�`�5 amelnikas@townofnorthandover.com Fire Prevention Officer 'SSUS£t fmcearthygtownofnorthandover.com Town Clerk Office 124 Main St North Andover,Ma May 15,2015 The Fire Department recommends favorable action in granting a one day alcohol license [All Alcohol]to Smolak Farms on June 13,2015 for the purpose of a wedding. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, May 14, 2015 12:41 PM To: Fitzgibbons, Karen Subject: RE: One Day License Building Dept has no issues From: Fitzgibbons, Karen Sent: Thursday, May 14, 2015 11:13 AM To: Gray, Charles; Melnikas, Andrew; Brown, Gerald Cc: Gallagher, Paul; McCarthy, Fred; Morrison, Diane; Leathe, Brian Subject: One Day License Good Morning All, Attached please find a request from Lauren Rastello/Branden Baker for a One Day All Alcohol License for a wedding reception to be held at Smolak Farms on June 13, 2015. Kindly have your recommendations tome no later than Wednesday, May 20th or sooner. Thank you for your co-operation. Karen 1 TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSI=APPLICATION ( 0 DAY NOTICE STRONGLY RECON6MENPED) Organization holding event: 0 Name&Address of Responsible Party; a-7 -.,IQ g(0 q(3 �t Co►tairt.Numbe.r&:e-rhail Locfltlati.ofl=vents C� � Type of Evo t. is tM eve t eing eatereO Yo`I Nip lvame-ofi Qaterer . Date . Tirr)e of Event. V p Non Pro#it Or anizatibn QtfierTha:i�ikon Pra t �l iit iVlait All-A t'dhoi- UV_i e &.Mt PL OH.t3L:I It-S $�P{JI2CyA5ED.B`T THE I.1Cf 1. E 1f3 31111 A WE OLESAI I=R tias permiss on-kieex�r-e-plv.. from tiie property-.ow- ner to hold this_event? ----- - - t` Who is serving the aicohoi1`C'�� q76— Does the saver have liquor liability insurance? � Have servers had vaining in.zfloobol serviced ` I,the.undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certifythat i am not prohibited from howling such.license. 1 agree.that the Town of North A dav�er%n no vway responsible fot th'e action of the ap.piicant. Applicant's Signature Date RTyA�t7•�' NORTH ANDOVER Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons ��rr FROM: Lieutenant Charles Gray (,tom' RE: One Day Liquor License Request- Smolak Farms June 20, 2015 DATE: May 26, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws,including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NOIt T{{ Andrew Melnikas cf 4. •�" Telephone(978)688-9593 Fire Chief 0 A FAX (978) 688-9594 Lt. F. McCarthy ? `s amelnikas@townofnorthandover.com Fire Prevention Officer 1SSACHUSEt fmccarthy@townofnorthandover.com Town Clerk Office 124 Main St North Andover,Ma May 26,2015 The Fire Department recommends favorable action in granting a one day[All Alcohol] license to Smolak Farms on June 20,2015 for the purpose of a wedding. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, May 21, 2015 12:57 PM To: Fitzgibbons, Karen Subject: RE: One Day License The Building Dept has no issues From: Fitzgibbons, Karen Sent: Thursday, May 21, 2015 10:55 AM To: Gray, Charles; Melnikas, Andrew; Brown, Gerald Cc: Gallagher, Paul; McCarthy, Fred; Morrison, Diane; Leathe, Brian Subject: One Day License Good Morning All, Attached please find a One Day All Alcohol License from Josh Burger& Elizabeth Larson for a wedding reception to be held on June 20, 2015 at Smolak Farms. Please have your recommendations to me no later than tomorrow, Friday, May 22, 2015 by 10 am. Thank you for your co-operation. Karen 1 Old Business I I I AGREEMENT i BETWEEN THE TOWN OF NORTH ANDOVER i AND NEW ENGLAND POLICE BENEVOLENT ASSOCIATION i LOCAL 2 EFFECTIVE JULY 19 2015 through JUNE 30, 2018 ARTICLEI: PREAMBLE..............................................................................................................4 ARTICLE II: RECOGNITION CLAUSE......................................................................................4 ARTICLE III: MANAGEMENT RIGHTS....................................................................................4 ARTICLE IV: UNION RIGHTS AND PRIVILEGES ..................................................................5 ARTICLE V: NON-DISCRIMINATION......................................................................................5 ARTICLEVI: SENIORITY...........................................................................................................5 Section1: Seniority List...........................................................................................................5 Section 2: Seniority Shift Bidding. ..........................................................................................6 ARTICLE VII: PROMOTIONS.....................................................................................................7 ARTICLE VIII: COMPENSATION I� Section1: Salary Schedule.......................................................................................................7 Section 2: Step Rate Increase...................................................................................................8 Section3: Night Differential....................................................................................................8 Section 4: Special Assignment Stipends..................................................................................9 Section 5: Accreditation Stipend..............................................................................................9 Section 6: Longevity Increments .............................................................................................9 Section 7: Education Incentive Pay. ......................................................................................10 Section 8: Overtime and Paid Details. ...................................................................................11 Section9: Court Time............................................................................................................13 Section10: Translation Pay. ..................................................................................................13 Section 11: Announced Retirement Pay. ...............................................................................14 ARTICLE IX• WORK SCHEDULE 14 ARTICLE X: FRINGE BENEFITS .............................................................................................15 Section1. Holidays. ...............................................................................................................15 Section 2: Personal Days........................................................................................................16 Section3: Vacation Leave. ....................................................................................................16 Section4: Sick Leave.............................................................................................................18 Section 5: Attendance Incentive. ...........................................................................................19 Section6: Sick Leave Bank. ..................................................................................................19 Section 7: Bereavement Leave...............................................................................................21 Section 8: Terminal Leave. ....................................................................................................21 Section 9: Uniform Allowance. .............................................................................................22 Section 10: Liability Insurance. .............................................................................................23 ARTICLE XI: GRIEVANCE AND ARBITRATION PROCEDURE ........................................23 ARTICLE XII: DISCIPLINE AND DISCHARGE .....................................................................24 ARTICLEXIII: STRIKES ...........................................................................................................24 ARTICLE XIV: UNION DUES...................................................................................................24 ARTICLE XV: SHIFT SWAPS...................................................................................................24 ARTICLE XVI: DISABILITY LEAVE.......................................................................................25 NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 2 ARTICLE XVII: FIREARMS PERMITS....................................................................................26 ARTICLE XVIII: WEAPONS PROFICIENCY..........................................................................26 ARTICLE XIX: DEFIBRILLATON PROFICIENCY ................................................................26 ARTICLE XX: CANINE OFFICERS..........................................................................................27 j ARTICLE XXI: STABILITY OF AGREEMENT.......................................................................28 ARTICLE XXII: DURATION OF AGREEMENT j ATTACHMENTA........................................................................................................................30 SIDELETTER 1............................................................................................................................31 SIDELETTER 2............................................................................................................................32 SIDELETTER 3............................................................................................................................33 i �j NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 3 ARTICLE I: PREAMBLE WHEREAS, the Union and the Town ascribe to, and recognize the mission and purpose and the Police Department is to provide quality law enforcement in an efficient manner; and WHEREAS, the individual members of the Union are to regard themselves as public employees, and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct in order that they may merit the respect and confidence of the general public; and WHEREAS, the parties to this Agreement consider themselves mutually responsible to improve the public service through the creation of increased moral and efficiency; THEREFOR, the Agreement is entered into between the Town of North Andover, hereinafter referred to as the "The Town", and the NEPBA, Local 2, hereinafter referred to as the "Union". It is the intent and purpose of this Agreement to assure sound and mutually beneficial working conditions and to provide a means of resolving any misunderstanding or differences which may arise, and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of employment and other conditions of employment. ARTICLE II: RECOGNITION CLAUSE I The Town hereby recognizes the New England Police Benevolent Association, Local 2, as the exclusive representative of all permanent police officers and sergeants in the North Andover Police Department, for the purpose of bargaining with respect to wages, hours of work, and other conditions of employment. The bargaining unit shall exclude all ranks above that of sergeant and all employees who are not permanent members of the department. Members of the Police Department above the rank of Sergeant are specifically excluded from the bargaining unit. ARTICLE III: MANAGEMENT RIGHTS The Union recognizes that all of the functions, rights, powers, responsibilities and authority of the Town in regard to the operation of its work and business and the direction of its work force which the Town has not specifically abridged, deleted, delegated, granted or modified by this Agreement are, and shall remain, exclusively those of the Town. Without limiting the generality of the foregoing,the Town retains the rights and responsibility: (1) to hire, discharge, transfer, suspend and discipline employees; (2) to determine the number of employees required to be employed, laid off or discharged; (3) to determine the qualifications of employees; (4) to determine the starting and quitting time; (5) to make any and all reasonable rules and regulations; (6) to determine the work assignments of its employees; (7) to determine the basis for selection, retention and promotion of employees; and (8) to determine the methods and means of operations including but not limited to type of equipment, facilities and work processes to be used. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 4 II ARTICLE IV: UNION RIGHTS AND PRIVILEGES All job benefits heretofore enjoyed by the employees, either by State Statute, Personnel By-Law or Civil Service, which are not specifically provided for or abridged in this Agreement, are hereby protected by this Agreement. Where subject matter is covered by both this Agreement and the Personnel By-Law, the language of the Agreement shall control. All other benefits which are enjoyed by the employees covered by this Agreement are hereby protected by this Agreement. The employer agrees to provide time off without loss of compensation or benefits for up to two (2) members of the union bargaining committee, who might otherwise be scheduled to work, for the purpose of meeting with the employer's bargaining committee in the course of negotiating a collective bargaining agreement. The employer agrees to provide time off without loss of compensation or benefits for one (1) union officer and one (1) employee for the purpose of meetings with the employer in order to process grievances. ARTICLE V: NON-DISCRIMINATION The Town and the Union agree that neither will interfere with, restrain or coerce employees in the exercise of their rights guaranteed by the General Laws and that neither will discriminate,nor cause the other to discriminate with respect to appointment, tenure or employment and any term or condition of employment based upon membership or non-membership in the union or based upon participation or non-participation in legal union activities. ARTICLE VI: SENIORITY Section 1: Seniority List A. The Town shall prepare and maintain, subject to examination and grievance by the Union, a seniority list to record the status of each member in the Unit. Seniority shall be determined by the date the employee is appointed as a permanent employee. In the event that two or more employees are appointed permanent on the same day, seniority shall be determined by the date the employee was appointed as a reserve. If such employees were appointed as reserves on the same day, seniority shall be determined based upon their graded ranking on the civil service list from which they were appointed. Seniority for sergeants shall be determined by the date of appointment as a sergeant. The Town shall be responsible for posting the list in the station. The Union shall be provided with a copy of the seniority list and shall be notified of all changes. Any objections to the seniority list shall be subject to the grievance procedure, such grievance shall be filed within ten (10) days of notification or it shall stand approved. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 5 Section 2: Seniority Shift Bidding A. Seniority for the purposes of this section is defined as: "Continuous service as a full-time Police Officer with the North Andover Police Department accruing from the first day of the most recent appointment." B. Every first of February, full-time Patrol Officers and Sergeants shall indicate their first, second and third shift preferences for shift assignment. Sergeants may also elect to bid a fourth preference of the split night shift. Within thirty (30) days of the bidding, the Police Chief will assign shifts according to the following process: The most senior Officer will receive his/her first choice of shift preference followed in turn by other Officers in descending order of their seniority. When shifts are filled,then Officers will be granted their second choice while available. C. The following positions are excluded from the shift bidding process: Four(4) Detectives One (1) Court Officer One (1) Safety Officer One (1) School Resource Officer One (1)DARE Officer Two (2) Traffic Officers D. It is agreed that the Town shall have the right to assign newly hired police officers to any shift for evaluation and training purposes. Such officers shall not be eligible to participate in seniority shift bidding, under Section 2B above, until the annual shift bid following successful completion of the one-year probationary period required by civil service law. In order to avoid having too many recent academy graduates working on the same shift, the parties agree that for purposes of shift bidding there shall only be as many slots as there are police officers actively working at the time the shift bids are posted. Once a newly hired police officer has been working for a period of six months, or for a shorter period solely at the discretion of the Chief(whose decision is not subject to the grievance process), his/her shift assignment shall be open for a voluntary shift change by other officers, based on seniority, and the officer with six months' service shall be subject to reassignment. i E. Shift reassignment contrary to the shift bidding process may be employed once per calendar year per Officer for disciplinary purposes for a period not to exceed thirty (30) days, during which time the most junior Officer assigned to the affected shift will be reassigned. A written description of the reason for this disciplinary action will be immediately placed on file with the Union President. F. Full-time patrol officers and sergeants with bidding rights under Section 2B above shall also have the right to bid their group preferences and be assigned to groups by seniority. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 6 i ARTICLE VII: PROMOTIONS Vacancies will be filled in accordance with the provisions of civil service law and rules. ARTICLE VIII: COMPENSATION I Section 1: Salary Schedule A. Employees covered by this Agreement shall receive bi-weekly compensation in accordance with the following salary schedule: i July 1, 2015 —2.0% Min II III IV Max Patrol Officers $43,039.96 $45,212.91 $48,125.05 $51,044.13 $54,314.71 Sergeants ----- $57,478.47 $61,264.18 $65,064.26 $69,312.55 Jan 1, 2016—0.5% Min II III IV Max Patrol Officers $43,255.16 $45,438.97 $48,365.67 $51,299.35 $54,586.29 Sergeants ----- $57,765.86 $61,570.50 $65,389.58 $69,659.11 July 1,2016—2.0% Min II III IV Max Patrol Officers $44,120.26 $46,347.75 $49,332.99 $52,325.33 $55,678.01 Sergeants ----- $58,921.18 $62,801.91 $66,697.37 $71,052.29 July 1, 2017—2.0% Min II III IV Max Patrol Officers $45,002.67 $47,274.71 $50,319.65 $53,371.84 $56,791.57 Sergeants ----- $60,099.60 $64,057.95 $68,031.32 $72,473.34 * Last step of the sergeants' schedule may not apply to all sergeants per Article VII, Section 1B. B. The last step of the sergeants' pay schedule shall be eliminated for any officer promoted to sergeant after the expiration of the civil service list in effect on the date of the execution of the 1998-2001 Agreement. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 7 Section 2: Step Rate Increase A. An employee in continuous, full-time employment shall receive the increment between his present rate and the next highest rate as follows: 1. After completion of six (6)months at the minimum or entrance rate. 2. Thereafter one year from the date of his previous increase until he attains the maximum rate of the range of the compensation grade to which his position class is assigned. 3. The increase in rate that this increment represents must be recommended by the employee's department head and approved by the Town Manager. 4. The increase shall be based on performance of the employee during the preceding six (6)month or twelve (12)month period and not solely on length of service. B. Any employee who is not recommended to receive the increment shall have the right to appeal to the Town Manager. Upon receipt of such appeal, the Town Manager may initiate and approve the increment without the recommendation of the department head after hearing both the employee and the department head, or may deny the appeal. The decision of the Town Manager shall be final. C. A new full-time employee denied an increment after six (6) months continuous employment shall be considered again for such increment following completion of an additional six (6) months continuous employment. D. An employee receiving a promotion to a vacant position or to a new position shall, upon assignment resulting from such promotion, receive the rate in compensation grade of the vacant or new position next above his existing rate. If the resulting adjustment does not equal $100.00 per year, the adjustment shall be to the second rate above the existing rate but within the compensation grade of the vacant or new position. E. The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding subsection shall receive the next increment of his compensation grade effective following completion of six(6) months at the rate resulting from the promotion. F. The Town Manager may authorize an entrance rate higher than the minimum rate upon the recommendation of a department head supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Manager and such other variance in the classification and compensation plans as it may deem necessary for the proper functioning of the service of the Town. Section 3: Night Differential A. Employees regularly assigned to work the early night shift or the late night shift shall be paid a differential computed on their regular weekly salary, as follows: NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 8 . i. For the early night shift, 6.0% differential ii. For the late night shift, 7.0% differential B. Said night shift differentials shall be calculated separate and apart from the base pay but shall be included in the calculation of overtime pay. C. Said night shift differentials shall not, however, be paid to employees in sick leave or injured leave. Section 4: Special Assignment Stipends A. The following assignments are considered "Special Assignments" and shall be eligible to receive a lump sum stipend: i. Detectives ii. Training Officer iii. Safety Officer iv. School Resource Officer V. Court Officer vi. D.A.R.E. Officer * If the Police Department chooses to have two officers performing the duties of a Safety Officer, each officer will be paid the stipend. i B. Officers assigned to work Special Assignments shall be paid the following lump sum stipend in June, payable separate and apart from base pay, and pro-rated based on the number of months in the fiscal year the officer was assigned such work: I i. In Fiscal Year 2016 $1,300 ii. In Fiscal Year 2017 $1,400 iii. In Fiscal Year 2018 $1,500 Section 5: Accreditation Stipend In consideration of the North Andover Police Department having and maintaining State Accreditation, the Town agrees to pay an annual stipend to all officers of $750 payable in the first payroll of the respective fiscal year. It is understood that such payments are contingent on the Department maintaining accreditation in accordance with applicable state standards. Section 6: Longevity Increments A. An employee of the Town who has been in continuous full-time employment shall be paid, in addition to the compensation received under the present plan, annual increment determined as follows: NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 9 Length of Service 7/1/15 7/1/16 7/1/17 Over 5 but not over 10 years $ 525 $ 550 $ 600 Over 10 but not over 15 years $ 825 $ 850 $ 900 Over 15 but not over 20 years $ 925 $1,225 $1,525 Over 20 but not over 25 years $1,025 $1,325 $1,625 Over 25 years $1,125 $1,425 $1,725 B. An employee will become eligible for longevity increments on the 5th, 10th, 15th, 20th and i 25th anniversary date of his employment. C. An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new ten-year period of continuous full-time employment has been served. D. If the service of an employee is interrupted by lay-off, military service, or other reason not resulting from the employee's own action, total service will be considered as continuous service. E. Longevity shall be paid weekly as part of base pay and included in the calculation of overtime or other purposes and shall be treated as part of compensation for pension and retirement purposes only. Section 7: Education Incentive Pay A. Employees hired before July 1, 2009, and participating in the educational incentive program known as the"Quinn Bill"pursuant to M.G.L. c. 41, §108L as of that date, shall continue to receive education incentive pay pursuant to that statute,notwithstanding under- funding of the reimbursement towards the incentive program by the Commonwealth of Massachusetts. However,the Town will continue to seek financial support from the Commonwealth for such program to the extent it remains available, and may take such administrative steps as may be required to accomplish this purpose. B. Employees who are not eligible for Quinn Bill incentives, including all officers hired on or after July 1, 2009, shall receive an education incentive based upon their educational attainments, as set forth below. C. Employees who possess an Associates Degree, from a two-year program at an accredited institution, in Criminal Justice or a field reasonably related to law enforcement, shall receive an education incentive in the amount of$3,000 per year, payable in a pro rata amount in the employee's regular paycheck, which amount shall be included in calculating the overtime rate. D. Employees who possess a Bachelor's Degree from a four-year accredited college or university shall receive an education incentive in the amount of$6,000 per year,payable in a pro rata amount in the employee's regular paycheck, which amount shall be included in NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 10 calculating the overtime rate. The Bachelor's degree must be in Criminal Justice, in a Liberal Arts or Business related discipline, in forensic science, or in a discipline recognized by the policy referenced below. E. Effective July 1, 2015, employees who possess a Master's Degree from an accredited college or university shall receive an education incentive in the amount of$7,500 per year, payable in a pro rata amount in the employee's regular paycheck, which amount shall be included in calculating the overtime rate. The Master's Degree must be in Criminal Justice, in a Liberal Arts or Business related discipline, in forensic science, or in a discipline recognized by the policy referenced above." F. The intent of the education incentive is to attract and reward employees who have attained a degree that emphasizes critical thinking skills, as well as oral and written communication. Accreditation for the purposes of the colleges and universities granting the degrees for which compensation will be paid shall mean accreditation by the New England Association of Schools and Colleges (NEASC) or an equivalent regional accrediting agency in another region. Programs granting degrees recognized for the purposes of this Article must be reasonably rigorous, and programs delivering content primarily through on-line methods may be scrutinized to a greater extent, as will programs granting credits for"life experience." G. The Town shall develop policy as necessary to implement this Article of the agreement in consultation with a committee of department members representing a cross section of the department in terms of rank and assignment, and including one or more members designated by the Union. The policy will guide the interpretation of this provision of the agreement as it relates to the type of degrees that are deemed to be related to law enforcement for the purpose of the Associates Degree,the types of degrees that can qualify for the Bachelor's Degree stipend,the colleges and programs that will be acceptable, and the procedure for notifying the Town of a degree and the proof required. In the event of a disagreement regarding the policy,the matter will be submitted to the Town Manager for final determination. H. The parties intend that any educational incentive paid hereunder will satisfy or be applied towards the requirements of any future statutory educational incentive program, should such a program be enacted and be applicable to employees of the Town. If available under such future enactment, the Town may seek financial support from the Commonwealth for such program, and may take such administrative steps as may be required to accomplish this purpose. Section 8: Overtime and Paid Details A. Overtime i. In the event that a need for overtime should occur in the department because of sickness, vacation, or other unforeseen conditions, overtime shall be administered by NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 11 the Chief or his designee, and shall be paid at the rate of time and one-half of the regular rates of pay. ii. When the Chief or his designee determines that there is a need for overtime work, such work shall first be offered to all full-time regular police officers. If none of the full-time regular police officers accept such overtime work, the Town may offer the work to reserve officers. iii. Notwithstanding sub-section ii above, the Town may first offer overtime work to reserve officers whenever the position of a full-time regular officer is vacant or open by reason of absence from duty in excess of fourteen (14) consecutive calendar days. Use of a shift swap or paid leave for an absent officer will not restart or affect the running of the 14-day period. iv. When the Chief or his designee determines that there is a need for overtime work to replace an absent Sergeant, the Department will first offer the vacant shift to Sergeants. If a Sergeant is unable to fill the vacancy, then the shift will be offered to Patrol Officers. If a Patrol Officer does not take the shift, then the forced overtime shall be from the list of available Sergeants. In the event that the OIC shift becomes vacant (both Sergeants off), then that shift will be filled through the normal overtime distribution." V. All mandatory call-in shifts for all officers will be paid at time and one half and a minimum shift of 3 hours. B. Outside Details i. All details shall be assigned by the Chief of Police or designee. All details shall be paid at the following rate: Regular Details Municipal Details Effective July 1, 2015 $45.00 per hour $41.00 per hour Effective July 1,2016 $47.00 per hour $43.00 per hour Effective July 1, 2017 $49.00 per hour $45.00 per hour Municipal Details are defined as those details that are paid directly by the Town of North Andover (or any of its departments) or are paid by a contractor/vendor who is paid by the Town of North Andover(or any of its departments). All details will be a four (4) hour minimum. Details in excess of four (4) hours in length will be paid for eight (8) hours. Details in excess of eight (8) hours will be paid at the rate of time and one-half the detail rate rounded up to the next hour. NEPBA Local Agreement—7/1/15 through 6/30/18 Page 12 S ii. The following details will be paid at the rate of time and one-half the detail rate for all hours worked. All details will be a four (4) hour minimum. Details in excess of four (4) hours in length will be paid for eight (8) hours. Details in excess of eight (8) hours will be rounded up to the next hour. • Saturday, Sunday and holiday details • Details that start at or after 8:00 pm through 6:00 am • Strike details * Note: this provision excludes regular details (e.g., Merrimack College, etc.) which shall be paid per sub-paragraph i above. iii. Given the nature of outside details, rates of pay for outside details shall take effect as of the effective date of a collective bargaining agreement and shall not be paid retroactively prior to the effective date of the agreement. iv. Once the Chief determines the need for a paid detail assignment, said assignment will be offered first to regular police officers within the bargaining unit prior to being offered to persons outside the bargaining unit. V. The Town and its Police Chief, along with the assistance of the police officers, shall seek to enforce those laws requiring contractors to notify the Police Chief of contemplated roadwork. vi. The Town Manager will request that all municipal departments notify the Police Chief of contemplated roadwork. vii. The Town will compensate officers for paid outside details in the pay period immediately following the workweek in which the outside detail was worked. Section 9: Court Time Employees assigned to court, or appearing in any court in their official capacity as North Andover police officers, shall be paid time and one-half for the amount of time in attendance with a minimum of four (4) hours. Overtime for this purpose shall be calculated to include payments under education incentive. Section 10: Translation Pay An employee who is required to come in from off-duty to translate in any language will be paid one and one-half times their regular hourly rate for each hour in attendance with a minimum of three (3) hours pay. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 13 Section 11: Announced Retirement Pay An employee of the Town, who is eligible for retirement and announces his retirement three years in advance of the actual date of retirement, shall be paid a$1,000.00 lump sum in June,per year for three years, payable separate and apart from base pay for overtime or other purpose. This section shall not apply to any officer hired on or after July 1, 2012. ARTICLE IX: WORK SCHEDULE Section 1. Employees shall work a so-called "4 and 2" work schedule consisting of four (4) consecutive days (or nights), on duty followed by two (2) consecutive days (or nights), off duty under a six-week rotating schedule. Section 2. The regular workday shall consist of eight and one-half(8 1/2) hours including fifteen (15) minutes before the scheduled shift starting time and fifteen (15) minutes following the scheduled shift ending time. No overtime shall be incurred as a result of these fifteen-minute periods before and after the scheduled shift notwithstanding any provision to the contrary in this Agreement. The existing meal break practice during the shift shall be maintained during the term of this Agreement. The regular work year shall consist of 244 days. I Section 3. The hourly rate shall be computed by dividing the annual salary, as specified in Article VIII, Section 1, by 2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be one and one-half times the hourly rate. Section 4. Notwithstanding the foregoing provisions to the contrary, the Town and its Police Chief reserve the right to assign employees in administrative and specialist positions to a five (5) j consecutive day schedule where said schedule is determined by the Police Chief to best serve the Town. In such cases, the employees working the 5 day work schedule shall receive two (2) consecutive days off and, in addition, shall in each fiscal year, receive seventeen (17) compensatory days off. Section 5. In addition to those officers regularly assigned to work a 5 and 2 schedule under Section 4 of this Article, the Town reserves the right to assign employees to a training program for five (5) consecutive days in which case the employees shall receive compensation at the time and one-half rate of pay for those days spent in the training program which fall on their regularly scheduled days off under the 4 and 2 work schedule. Said time and one-half compensation shall be for a maximum of 8.5 hours for any such training day falling on a regularly scheduled day off. Officers attending a training program under this provision shall be reimbursed up to $5.00 for any lunch meal not provided, for which they are required to pay, and shall be reimbursed at the rate of$.21 per mile if required to use a personal motor vehicle as transportation to and from the training program. Notwithstanding the above language in this Section, an employee assigned to a training program which has a five (5) day per week schedule for a period in excess of four (4) consecutive weeks, NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 14 shall be assigned to that workweek under Section 4. Such employee shall be eligible to receive the compensatory days as outlined in Section 4 on a pro-rated basis. Section 6. Officers attending basic training at an academy shall comply with whatever schedule is required for attendance, notwithstanding any contrary provision of this Article, and shall receive only their regular weekly compensation without overtime compensation irrespective of the hours required at the academy. It is understood and agreed that,under M.G.L. c41, s96B, student officers are not members of the bargaining unit and are not therefore covered by the collective bargaining agreement until they successfully complete the required academy training, and are sworn in to exercise police powers. Once an employee becomes sworn in as a regular, permanent police officer, it is understood that seniority shall be measured from the date of appointment as a full-time employee, consistent with the practice in effect prior to the negotiation of the current Agreement. ARTICLE X: FRINGE BENEFITS Section t. Holidays A. The following days shall be recognized as paid holidays: i t New Year's Day Labor Day Martin Luther King Day Columbus Day Washington's Birthday Veteran's Day Patriot's Day Thanksgiving Day Memorial Day Christmas Day Independence Day B. Notwithstanding any other provision of the Agreement, employees hired prior to July 1, 2012 may elect to be compensated for holidays only in the manner set forth below. Employees may elect between the options by November 30t" to be in effect for all holidays during the entire following calendar year. In the case of either option, it does not matter whether the employee is scheduled to work the holiday or not, and it does not matter whether the employee works the holiday or not. i. Holiday Pay: For each of the above listed holidays, the employee who selects this option shall receive, in addition to regular pay, 1/4 of his/her base weekly pay as holiday pay. ii. Time Off. The employee who selects this option will be entitled to eleven (11) days off, with pay, to be requested and approved in accordance with other time-off requests. Five (5) days off will be granted in the first six months of the calendar year, and six (6) days off will be granted in the second six months of the calendar year. The days off must be taken during the six-month period in which they were granted, and may not be carried over into a subsequent six-month period, or a subsequent calendar year. NEPBA Local Agreement—7/1/15 through 6/30/18 Page 15 iii. Mixed Pay/Time Off. The employee may elect to be paid for six (6) holidays and receive five (5) days off, such days off to be requested and approved with other holiday requests. Payments shall be made as follows: three (3) holidays in the first bi-weekly payroll in June and three (3) holidays in the first bi-weekly payroll in December. The five (5) days time off will be credited on January 1 and must be used during that calendar year. C. Notwithstanding any other provision of this Agreement, officers hired on or after July 1, 2012 shall receive as holiday compensation one-quarter of his/her base weekly pay as holiday pay, whether a holiday is worked or not. No time off option shall apply to such employees. Section 2: Personal Days A. Employees will be allowed four(4) Personal Days per calendar year. Personal Days cannot be carried beyond the calendar year in which they were granted. The notice required will be as follows: 2 days: 4 hour notice 2 days: 24 hour notice B. Personal Days are not to be used on or immediately before holidays. The granting of Personal Days will be limited to one Officer per shift. These days are granted on a "first come, first served" basis. However, in cases of conflict, the senior Officer is granted preference. The above notice requirement will be waived in the event of a documented medical emergency of the Officer or an immediate family member. Section 3: Vacation Leave A. A full time employee in continuous service shall be granted vacation with pay on the i following terms: L An employee who has completed one year of service shall be entitled to two (2) two weeks of vacation with pay per year. After six months of employment, an employee shall be entitled to one week of vacation of his/her initial vacation allowance in advance, in which case he/she shall receive one week of vacation after his/her first year of service." ii. An employee who has completed five years of service shall be entitled to three weeks of vacation with pay. iii. An employee who has completed ten years of service shall be entitled to four weeks of vacation with pay. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 16 iv. Employees with more than twelve years, but less than twenty years' service, shall be entitled to an additional vacation over the four-week entitlement under sub-section iv. above, as follows: 1. After 12 years' service, one (1) day 2. After 14 years' service,two (2) days 3. After 16 years' service,three (3) days 4. After 18 years' service, four (4) days V. An employee who has completed twenty years of service shall be entitled to five weeks of vacation with pay. Also, any employee will be "grandfathered" who has "bought" back service as a reserve officer as full time service, equaling 20 years, and would thus fall into this category during the term of the contract. vi. Vacation allowance shall be granted by the head of the respective department of the town at such time as, in his opinion, will cause the least interference with the performance of the regular work of the town. vii. Vacation carryover shall not exceed two (2)weeks. viii. In each calendar year, officers with twenty or more years of service may buy-back one (1) week's vacation by submitting a written request no later than January 3`d of that calendar year. The vacation buy-back will be paid in the first payroll of December of that calendar year. B. Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation year prior to the employee's death but which had not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died, up to the time of his separation from the payroll. C. Employees who are eligible for vacation under these rules and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, shall be paid an amount equal to the vacation year prior to such dismissal, retirement, or entrance into the armed forces. D. In addition,payment shall be made for that portion of the vacation allowances earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of employee's separation from the payroll. E. Absences on account of sickness in excess of that authorized under the rules therefore, or for personal reasons as provided for under other leave may, at the discretion of the department head,be charged to vacation leave. F. The vacation year shall be January 1 to December 31. One week of vacation shall consist of five (5) workdays. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 17 Section 4: Sick Leave A. A full-time employee in continuous service who has completed six months of service shall be allowed six (6) days leave with pay and thereafter shall be allowed leave of one and one- quarter (11/a) days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. Three (3) of these days, per calendar year, may be used for family illness. B. An employee shall be credited with the unused portion of leave granted under sub-section (A) C. If the amount of leave credited provided under sub-section (B) has been or is about to be exhausted, an employee may make application of additional allowance to that provided under sub-section (A). Such application shall be made to the Town Manager who is authorized to grant such additional allowance as it may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his request for the additional allowance. i D. Sick leave must be authorized by the department head and must be reported, on blanks provided for the same, to the Town Manager. E. A physician's certificate of illness shall be submitted by the employee after three days absence to the department head before leave is granted under the provisions of this section. This certificate shall be forwarded by the department head to the Town Manager. F. Employees absent on sick leave for more than four (4) consecutive tours of duty shall be required to report to the Police Chief s office upon leaving their residence, indicating the reason for leaving and the expected time of return. G. The Town Manager may, of his own motion, require a medical examination of any employee who reports his inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. I H. Sick Leave Control —An employee with a history of excessive short-term sick leave usage or a pattern of absences suggesting abuse shall be counseled by the Police Chief or his designee. If the history or pattern continues, the employee may be required to submit a physician's certificate, at the employee's expense, which verifies that the employee was examined and found to be medically unfit for duty. I. Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under this section. J. Payments made under the provisions of this Section will be limited in the case of an employee who is receiving Injury Leave Compensation and the employee's regular rate. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 18 K. In the event of payments made to an employee under the preceding sub-section, the Town may debit the employee's sick leave accrual by such amounts as it determines to be equitable in relation to such payments. i L. Nothing in this section shall be construed to conflict with M.G.L. c41, s100. M. After an officer has exhausted all accrued leave with the exception of sick leave, the Chief shall have the discretion to require a doctor's note from an officer absent for two (2) or more consecutive shifts due to illness. Section 5: Attendance Incentive A. There shall be an attendance incentive system under which officers with little or no sick leave in a calendar year can buy back sick days at their applicable daily rate under Article VIII, Section IA. Officers shall submit a written request to the Chief's Office no later than December 31" to express their intent to participate in the Attendance Incentive. The attendance and buy back amounts shall be as follows: i. For zero (0) sick days used, five (5) sick days can be bought back; or ii. For one (1) sick day used, four (4) sick days can be bought back; or iii. For two (2) sick days used, three (3) sick days can be bought back. B. In calculating "sick days used", the following absences shall not count: (1) Up to two occurrences of sick leave of up to two days each, provided the employee submits a physician's note, with an original signature of the physician, certifying that the officer was examined and found to be ill, and the Chief approves this exception; and (2) for absences due to non-elective surgery of an injury compensable under this section 4 of this Article, provided the period of convalescence (beginning with the date of surgery) does not exceed six (6) weeks. C. Buy back payments under this section will be made in July of the year following the calendar year(e.g. the first payments shall be made in July, 2014). Section 6: Sick Leave Bank A. The following rules and regulations are promulgated for the purpose of administering a sick leave bank for members of NEPBA, Local 2. B. There is hereby established a sick leave bank from which employees that have exhausted their sick leave can make application to draw additional sick leave benefits. Employees contribute to this bank on a voluntary basis, from their accumulated, unused sick leave credits. Procedures and standards for contribution shall be as follows: NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 19 i. The bank shall be administered by the Police Chief or designee. ii. Each application for sick leave from the bank will be made on a form to be supplied by the Town and shall be considered separately by the Police Chief or designee. The employee act of contributing to the bank does not guarantee the right to draw from the bank. Decisions made by the Police Chief or designee shall be subject to the grievance and arbitration provisions of the Collective Bargaining Agreement. The Union hereby waives its rights to grieve a decision made by the Police Chief or designee permitting an employee to draw from the bank over the objection of the Union. iii. The Police Chief or designee may require an employee, who applies to draw from the bank, to provide a medical certificate as to illness. The Police Chief or designee may re-evaluate each case at one month intervals, and, in that regard, the Police Chief or designee may require that the employee furnish further medical certification of illness, at no expense to the Town. I iv. The employee, while on the bank, shall not earn or accumulate sick leave. V. The employee who is drawing from the bank for a period of more than thirty (30) consecutive calendar days shall forfeit a portion of his vacation leave. The portion so forfeited shall be determined by dividing the number of calendar days on which the employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest whole day. In the event that said employee shall have remaining vacation leave, the Police Chief or designee shall determine how much of the leave will be credited as vacation and how much will be credited to the employee as sick leave. In the event that the employee shall have exhausted his vacation leave prior to drawing from the bank, adjustments shall be made from the employees vacation leave for the following calendar year. In the event that an employee drawing from the bank has accumulated unused vacation leave, which he is unable to use during the calendar year due to his sick leave status, the unused vacation leave will be credited as sick leave upon his return to active duty in the next calendar year, after the deduction of vacation leave, as provided in this section. vi. Employees who are on their one year probationary period have the option to join the sick leave bank after six months, but may wait until three months after their one year probationary period has been lifted. Employees must contribute two (2) of their personal sick leave days to join the sick leave bank. vii. In the event that the number of days remaining in the bank reaches thirty (30), the Police Chief or designee shall notify the Union of this fact and shall assess each participating employee one (1) additional day of sick leave to be added to the bank. Any participating employee who does not wish to contribute the additional day shall so notify the Police Chief or designee within ten(10) days of the posting of the Police Chiefs or designee's intention to make the assessment. In that event, the employee shall forfeit any further consideration for eligibility to draw from the sick leave bank NEPBA Local Agreement—7/1/15 through 6/30/18 Page 20 and shall forfeit the use of days already contributed. The days so forfeited will remain in the bank for use by participating members. Each member will be assessed one (1) day each time additional contributions are needed. viii. Employee entitlement to draw from the said bank shall be determined by the Police Chief or designee on the basis of, among other considerations, information and data supplied by the Union, information and data supplied by the Town, attendance and performance, provided, however, that an employee must contribute to the bank in j order to be eligible to draw from the bank. Upon receipt of an application for use of the bank, the Police Chief or designee shall notify the Union and the Town, who shall supply information and data in writing, as they see fit, within seven (7) days of notification. However, the Police Chief or designee, in his discretion, may temporarily allow an employee to draw from the bank pending the receipt of this information and data. ix. The maximum time an employee may remain on the bank is one (1) year. The Police Chief or designee may allow up to one (1) additional year if he/she feels it is necessary and justified. The Police Chief or designee may require, as a condition of granting benefits beyond one year, that the employee be examined by a physician chosen by the Town at the expense of the Town. It is the intent of this Article that an employee not return to active duty at the end of one year's drawing on the bank for the purpose of reinstating his eligibility to draw from the bank without the necessity of an examination by a physician chosen by the Town. X. If the Police Chief or designee rejects an employee's application for use of the bank, such rejection shall be in writing and shall state the specific reasons for the rejection. xi. These rules and regulations may be amended by collective bargaining or by mutual consent of the Town and the Union. Section 7: Bereavement Leave I Paid bereavement leave up to five (5) working days with pay following day of death in an employee's immediate family (spouse, child, parent of either spouse, brother, sister, grandparent of employee, grandchild of employee) and up to three (3) working days for the following: brother-in-law, sister-in-law, grandparent of spouse, and person in the immediate household. Section 8: Terminal Leave A. An employee whose service is terminated by retirement or death shall be allowed a portion of his accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring or deceased employee. i. Twenty-five (25) whole years of continuous full-time service shall be considered 100% service. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 21 ii. An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years, provided that in no case shall said leave be measured by more than 60 days accumulated sick leave, or twelve work weeks, whichever is less. iii. In addition to the 60 days accumulated sick leave, or twelve work weeks as provided above, an employee who has accumulated sick leave beyond 60 days shall receive 50% of such additional accumulated sick leave to a maximum of an additional 60 days. For example, an eligible retires with an accumulation of 180 sick days could receive 120 days: 60 days at 100%plus 120 days at 50%. iv. Notwithstanding any other provision of this section, new officers hired on or after July 1, 2013 shall not receive more than 25 days pay as terminal leave. Section 9: Uniform Allowance A. Employees will receive a yearly uniform allowance of $1,000 for the purchase and replacement of uniforms, necessary work clothes and standard equipment. Any expenses arising from any change in the prescribed uniform shall be borne by the Town and shall not be attributable to the clothing allowance. i B. Payment of uniform allowance will be included in the first bi-weekly paycheck issued in August of each fiscal year. C. Employees shall be neatly dressed at all times while on duty, in uniforms that comply with the departmental specifications. Only regular and reserve sworn officers of the North Andover Police Department will be allowed to wear the North Andover Police Department shoulder patch. D. Expenditure of full uniform allowance shall not excuse an officer from maintaining his uniform in compliance with departmental specifications. E. Employees out on injury leave or sick leave for a year or more shall not be eligible for the uniform allowance. F. Officers will be allowed to wear turtleneck shirts, subject to the conditions set forth below. The type of turtleneck, the color, its insignia (if any) and the period when they can be worn will be at the discretion of the Police Chief. If the Police Chief decides that the wearing of a turtleneck during the designated period is optional with the individual officer, the turtleneck will be purchased by the officer and chargeable to the annual clothing allowance. If the Police Chief decides that all officers will wear a turtleneck during the designated period, the purchase of one (1) turtleneck per officer will be borne by the Town. This provision shall not detract from the Police Chief's authority to determine and enforce uniform regulations in all other respects. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 22 Section 10: Liability Insurance The Town shall purchase and maintain a police professional liability insurance policy covering all the full-time employees of the department. ARTICLE XI: GRIEVANCE AND ARBITRATION PROCEDURE A. Any grievance, defined as a dispute, which may arise over the application, meaning or interpretation of this Agreement, shall be settled in the following manner and shall be in writing. Step 1: The Union representatives along with the aggrieved employee shall present the grievance to his immediate Supervisor within three (3) calendar days of the occurrence and every attempt shall be made to settle the grievance at this Step. If the Grievance has not been settled by the Supervisor within three (3) calendar days from the time it is presented to him, it shall proceed to Step 2. Step 2: The Union representatives, with or without the aggrieved employee, shall present the grievance in writing to the Chief within ten(10) calendar days after the response from the supervisor is due. The Chief has ten (10) calendar days from the time the grievance is presented to him to respond. Step 3: If the grievance is not adjusted in step 2, it shall be presented, in writing to the Town Manager or designee, with a copy to the Chief, within five (5) calendar days after the response from the Chief is due. The Town Manager or designee has ten (10) calendar days from the time the grievance is presented to them to arrange a meeting with Union representatives to resolve the grievance. Within four (4) calendar days of such meeting, the Town Manager or designee shall provide a written disposition. Step 4: If the grievance is not resolved at Step 3, the Union, and only the Union, may, within fifteen (15) calendar days after the reply of the Town Manager is due, submit the grievance to arbitration. Submission to arbitration shall be by letter to the American Arbitration Association with a copy to the Town Manager. i B. The arbitrator shall be selected and the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Expenses for the arbitrator's services shall be shared equally by the parties. C. The arbitrator shall be without power to alter, amend, add to, or subtract from the express language of this Agreement. The decision of the arbitrator shall be final and binding on the parties. Money awards resulting from a decision of the arbitrator shall in no case be retroactive prior to the date of submission of the grievance in writing to the Union. D. A grievance shall be deemed waived unless presented to the next higher Step within the time limits so provided unless such time limits for filing a grievance are extended by NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 23 mutual agreement of the parties. "Calendar days", as used in this Article, shall not include Saturday or Sunday for purposes of the time limits under the grievance procedure. E. The Union Grievance Committee shall be allowed access at all reasonable times to Town property and records relevant for the purposes of investigating a grievance. Employees who have not completed their twelve (12) month probationary period shall not have access to the grievance and arbitration procedure in cases of their discipline or discharge. Employees shall elect between arbitration and Civil Service Appeal procedures as the exclusive remedy in resolving issues of discipline or discharge. ARTICLE XII: DISCIPLINE AND DISCHARGE A. Employees covered by this Agreement, who have completed their twelve (12) month probationary period, shall not be disciplined or discharged except for just cause. B. Employees who have not completed their probationary period shall not have access to the grievance and arbitration procedures concerning their discipline or discharge. C. The parties have discussed and agreed that the Chief may add to the Department's Rules and Regulations the terms set forth in Attachment"A". ARTICLE XIII: STRIKES A. The Union agrees that during the term of this contract, neither the Union, its agents, nor its members, will authorize, aid or assist, instigate or engage in any work stoppage, slow- down, sick out, picketing, refusal to work or strike against the Town. B. In the event that any member of the Union violates this Article, the Town shall have the right to discipline the employee by way of discharge or otherwise and no such disciplinary action shall be subject to the grievance procedure provided for in this Agreement. Refusal to cross any picket line in the performance of duty shall be a violation of this Article. ARTICLE XIV: UNION DUES The Union dues, as certified by the Union Treasurer to the Town Accountant, shall be deducted on a bi-weekly basis from each employee who authorizes such deduction in writing in accordance with M.G.L. c180, s17A. The Town Accountant will transmit such payments, along with an up-to-date payroll listing, to the Union Treasurer. ARTICLE XV: SHIFT SWAPS Shift swaps will be requested on pre-printed forms provided by the Department, signed by both officers, and submitted to the Chief or designee for approval. Shift swaps requested fourteen (14) or more calendar days in advance shall be acted upon by the Chief or his designee within seven (7) calendar days of receipt. Failure to act within that period shall be deemed an approval of the requested swap. Once approved, the swapped shift becomes the responsibility of the NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 24 officer who has swapped on it. That officer must appear for the shift or he/she will be docked the equivalent amount of pay. Officers who swap off a shift may not work for the Department during those shift hours (not including details) without the prior consent of the Police Chief. Officers are not restricted in the number of shift swaps. Decisions made by the Chief or designee shall be subject solely to the Step 3 grievance provisions of this Agreement. ARTICLE XVI: DISABILITY LEAVE A. Employees who sustain an injury in the performance of their duty shall be eligible to receive injured leave in accordance with the provisions of M.G.L. c41, sl l 1F, the appellate cases interpreting said section, and analogous provisions of M.G.L. c152. Such determinations are made in the first instance by the appointing authority, subject to recourse under the grievance/arbitration procedure. B. Employees claiming paid injured leave (including a recurrence of a prior injury) under M.G.L. c41, s100, or related applicable sections, shall be required, as a condition of eligibility for such compensation or reimbursement, to do the following: i. Provide all requested information concerning the claimed injury and provide affirmative evidence of incapacity for duty because of injury sustained in the performance of his duty without fault of his own; ii. Provide all release to the Town and its agents all relevant medical evidence and documentation pertinent to the cause, diagnosis, and treatment of the injury for which compensation or reimbursement is claimed; iii. Undergo an examination by a physician or other medical specialist designated by the employer to determine diagnosis, prognosis and recommendations for treatment, and to advise the employer concerning issues of causation; iv. Promptly notify the Town of any material change in medical condition, including, but not limited to, any hospitalization or recommended surgery; and, V. Take all reasonable steps to hasten his/her return to duty status, including avoiding work or leisure activities which could foresee ably jeopardize or slow his/her recovery, and adhering to all prescribed treatments and therapies. C. An employee seeking or receiving injured leave may be denied such leave for any of the following reasons: i. Attempting to deceive or mislead a physician or medical specialist concerning his case; ii. Failing to cooperate with the Town in obtaining medical or other evidence relating to his injury, incapacity and treatment, in conjunction with initial and follow-up evaluations and monitoring by the Department-designated physicians and medical professionals; or NEPBA Local Agreement—7/1/15 through 6/30/18 Page 25 iii. Failing to make diligent efforts to comply with treatment and rehabilitation recommendations of the employee's physician or engaging in activities that will interfere with his/her prompt return to duty. D. Employees receiving paid disability leave are not eligible to accrue other forms of paid leave after 180 calendar days on such leave. E. Nothing in this Article shall affect in any way the Town's ability to initiate retirement proceedings for an employee who is medically incapacitated from resuming his usual duties. F. The Union acknowledges the Town's right to monitor the rehabilitation of employees who are unable to report to work due to incapacity, with the goal of returning the employee to work as soon as the incapacitating condition allows it. Employees are obligated to cooperate in this effort. Nothing in this Section or Article shall be deemed to impair or diminish the right of an employee to examination and treatment by a physician of his/her choice. G. The Town shall provide and maintain insurance for the purpose of paying the hospital, medical, and surgical expenses incurred by an employee who is injured in the performance of his duties. I ARTICLE XVII: FIREARMS PERMITS The Town shall pay for firearms permits issued and required under M.G.L. c140, sl31. ARTICLE XVIII: WEAPONS PROFICIENCY A. In order to enhance the level of training and proficiency in the use of weapons, the parties agree that there shall be two weapons training sessions, lasting approximately four (4) hours, every year. One of the two training sessions shall also include a qualification test; the other session shall include such training as the Chief shall determine. B. For weapons training sessions conducted outside scheduled work hours, patrol officers and police sergeants shall be compensated in accordance with applicable provisions of this Agreement. ARTICLE XIX: DEFIBRILLATION PROFICIENCY A. In order to enhance the level of services provided to the public by police officers as first responders, it is agreed that employees will be required, as a condition of employment, to undergo and successfully complete training in the use of defibrillators, and thereafter maintain certification for such use in the course of the regular duties. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 26 B. The initial training shall be conducted outside scheduled work hours and compensated under Article XVIII, Section 7A. Subsequent training for re-certification shall be conducted during scheduled work hours, without additional compensation. ARTICLE XX: CANINE OFFICERS i� A. Canine Officers are appointed by the Police Chief, subject to the Police Chief's discretion as to the number of canine officers required and their qualifications. All Canine Officers so assigned shall be subject to the provisions of this Article. Notwithstanding any other provisions of this Agreement, Canine Officers may be assigned to such duties as the Chief directs and may be removed from the assignment at the Chief s discretion. B. Canine Officers volunteer for canine officer assignment and the opportunity to work with a canine partner is privilege that carries with it many benefits for persons who would seek this type of assignment. Canine Officers have opportunities to reinforce the training of their canine partners in the course of their regular duties and they are encouraged to coordinate with their supervisors to do so. C. Canine Officers are expected to spend time away from work caring for their canine partners. The Town will compensate the Canine Officer for dog care time as follows: i. "Dog care time", for the purposes of this Agreement, refers to off-duty time spent by l the Canine Officer: (i) with the dog engaged in feeding, bathing, exercising, grooming, training (other than training specified in Section 4 of this Article), medicating, taking the dog to the veterinarian, and similar duties, and (ii) with or without the dog, performing tasks associated with dog care, such as setting up runs, cleaning kennels, and purchasing supplies. ii. On days when the Canine Officer is working his/her regular duty shift, the Canine Officer will be allowed to leave the shift 30 minutes early but be compensated for the entire shift. iii. On days off, the Canine Officer will be compensated for 30 minutes each otherwise uncompensated non-duty day that the dog is with him/her. The time will be considered time worked for the purpose of the overtime requirements of the Fair Labor Standards Act, to the extent it applies. This amount will not be paid on days when the dog is kenneled or in the care of another person. The Canine Officer is required to log and report to the Police Chief, or his designee, all days off that he/she does not have the dog in his/her possession. iv. The Parties agree that the compensation set forth in this Article is sufficient to compensate the Canine Officer for all activities associated with the care of the dog. If additional time is required for dog care, the Canine Officer must request such time, in advance, from the appropriate supervisor. Any such additional time will be compensated at the federal minimum wage then in effect. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 27 D. Canine Officers will be responsible for obtaining the necessary formal training and, if applicable, certifications for themselves and their canine partners. Such training will be compensated by the Town as regular duty time. Canine Officers must request training in advance from the appropriate supervisor and will be reassigned during the period of training so that training will occur as part of the Canine Officer's regular duties, as opposed to overtime. Training may be accomplished on overtime only with the pre-approval of the Police Chief. The training specified in this Section refers to formal training by a qualified, Department approved, school for canine police officers, or at the Department's option, a qualified individual trainer. i I E. Canine Officers will be compensated in accordance with other applicable provisions of this Agreement when assigned to special events such as canine demonstrations and DARE events, or when called in during off-duty time to perform canine police services rendered by the Department. F. The Department will cover reasonable and verified expenses for veterinary care and food for the animal. Other expenses must be approved by the Department in advance of being incurred and may include training equipment, kenneling and other expenses reasonably i related to the canine program. i G. As a condition of being assigned as a Canine Officer, a prospective Canine Officer must r sign an individual agreement incorporating the provisions of this Article. H. If the Canine Officer is assigned a department vehicle for transportation of the animal, such vehicle may not be used for private detail assignments or other non-work related purposes without the advance permission of the Police Chief or his designee. 1. Canine Officers may bid shifts in accordance with Article VI. The Police Chief shall have the discretion to veto a shift pick for specific written reasons which may be appealed, through the grievance procedure, by filing a grievance at Step 2, but shall not be subject to arbitration. In the event that the veto of the shift pick is based upon the Chief's determination that there is a need for a canine on a particular shift, or because both canine officers have bid the same shift, then the junior Canine Officer shall be reassigned. Once the bids or assignments are made,they shall remain in effect until the next shift bid. i ARTICLE XXI: STABILITY OF AGREEMENT A. No agreement, understanding, alteration or variation of this Agreement shall bind the parties hereto unless made in writing and executed by the parties hereto. B. Notwithstanding any other provision of the Agreement, the failure of the Union or Town to insist, in any one or more incident, upon performance of any terms or conditions of this Agreement shall not be considered as a waiver or relinquishment of the right of the Town or of the Union to future performance of any such terms or conditions, and the obligations of the Union and the Town to such future performance shall continue in full force and effect. NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 28 ARTICLE XXII: DURATION OF AGREEMENT The Agreement covers the three-year period from July 1, 2015 through June 30, 2018. Economic items are subject to funding by the Town. The parties understand and acknowledge that all retroactive pay items are subject to appropriation/transfer by Town Meeting. Language items will be effective on mutual ratification, except as otherwise specified. This Agreement shall remain in full force and effect until a successor agreement has been negotiated and takes effect. IN WITNESS WHEREOF,the parties hereto have executed this agreement on this,the day of June, 2015. NEPBA, LOCAL 2 TOWN OF NORTH ANDOVER Sergeant Stephen Diminico, President Andrew W. Maylor, Town Manager BOARD OF SELECTMEN i Officer Mbert Barter, Vice President Richard M. Vaillancourt, Chairman Officer Robert Hillner, Treasurer / Phil DeCologero S t Daniel Crevier Rosemary Connelly Smedile Donald B. Stewart I Tracy M. Watson NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 29 ATTACHMENT A Employees who are required to submit reports about incidents or other matters under investigation shall do so promptly, completely, and truthfully. Employees shall also be required to state the facts fully and truthfully when appearing before any judicial, departmental or other official investigation, hearing, trial or proceeding, and in all other ways cooperate fully. This section is not intended to infringe upon an employee's privilege not to incriminate himself under the Federal and State constitutions. Upon request, the employee shall have the right to have a Union representative present during any questioning, and may have counsel present whenever the matter under investigation involves a serious offense. i NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 30 SIDE LETTER 1 The Police Department will approve requests to allow North Andover police officers to perform details in other communities. The Chief of Police shall retain the ultimate discretion to determine whether out of town details may be performed and to determine in which towns such details may be performed. i i I I NEPBA Local Agreement—7/1/15 through 6/30/18 Page 31 SIDE LETTER 2 Police Sergeant Promotional Process The parties agree that the Town may utilize an assessment center component in the promotion process for police sergeants. Upon approval of Massachusetts Human Resources Division, the promotional examination will consist of three (3) components scored accordingly: i i • Written examination—40% • Assessment center—40% • Training&Experience—20% I i I I NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 32 SIDE LETTER 3 Use of Naloxone (Narcan) This side letter confirms the Town's understanding with NEPBA, Local 2 that unit members will be required, after appropriate training, to administer Naloxone (Narcan) as part of their regular responsibilities, without additional compensation. The Town agrees to meet with the Union, upon request, to address any questions or concerns about the use of Naloxone (Narcan). 'I i I I i I i i NEPBA Local 2 Agreement—7/1/15 through 6/30/18 Page 33 New Business � j 4 tea. cop F r aw, oar NACC Crosswalks l >z �20t5Googie Cooglc earth `b 1995 Imagery Date:9i27,2014 42=41'35.83"N 71°05'28.19"W elev 127 ft eye alt 1621 ft C E)dt street Crosswalk#1 Parking Lot/Clubhouse We would like to keep the location of this sue\ crosswalk.We would like to re-paint using the existing size and colors. e M\fih V E3dt Street View Crosswalk #2 Proposed Practice Area We would like to add a crosswalk in this location.It would be the same size and color as the other 3 crosswalks. �.e I `ems Ept Street View Crosswalk #3 \ Tennis Road We would like to keep the location of this crosswalk.We would like to re-paint using the existing size and colors. y g w a: IMM �v Crosswalk #4 7"'green/8"'tee We would like to keep the location of this crosswalk.We would like to re-paint using the existing size and colors. s�� Public Comment Town Manager' s Report Job Posting/Vacancy Log May 28, 2015 Date Position Department Hiring Manager Status Posted 5111115 Staff Engineer Public Works Bruce Thibodeau Posted on Monster.com and advertised in Eagle Tribune on 5/12/15,receiving low volume of resumes thus far. 5/4/15 Director, Stevens Estate Com &Econ Eric Kfoury Receiving resumes, first Interviews Development scheduled 5/18 -6/5. 4/24/15 Summer Intern Public Health Susan Sawyer Receiving resumes,hired Ashley Wright effective 6/1/15. 4/22/15 Summer Help Public Works Tim Willett Receiving resumes,hired John Enright 2 Laborers and Alexander Otis effective 6/1/15. 4/22/15 Summer Interns 2 Lab DWTP Julie Giglio Receiving resumes,interviews ongoing. Asst. and Lab Helper 2/10/15 Communications Officer NAPD Chief Gallagher Posted on CJIS. Six interviews conducted on 3/4/15,identified two candidates as finalists,background checks to be done. Candidates declined position due to low pay rate. Other candidates approached, testing completed, background checks in process. Hired Johnathan Stagno effective 5/20/15. 2/13/15 Deputy Fire Chief NAFD Andrew Melnikas Requisition opened with Civil Service, Delegation Agreement received on 2/4/14, to be returned to Civil Service on 2/4/15. Once agreement signed and returned from Civil Service, the process will begin. Delegation Agreement received from HRD. Chief and HR met with Mark Morse on 2/24/15 to discuss timeline and exercises. Tentative dates are set but may be changed due to availability of the Assessment Center team. Posting of examination announcement week of 3/9, Orientation, week of 3/16,Assessment Center to be held either April 16 or 22. Interviews conducted on 5/19/15,in final stage of selection process.