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Home My WebLink About2015-09-14 Board of Selectmen Minutes w/documents BOARD OF SELECTMEN MINUTES September 14, 2015 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:05 PM at Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 5 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Phil DeCologero made a MOTION, seconded by Richard Vaillancourt, to approve the Open Session Minutes of August 31, 2015 Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Introduction of new staff member- Marie Petto, Community Services Officer Community Services Officer, Marie Petto, was unable to attend and will be at the next meeting to be introduced. Changes to Board of Selectmen meeting dates Due to a work conflict, Selectmen DeCologero is requesting the meeting on November 2nd be moved. The Board discussed having the meeting on November 3rd The Town Manager announced that they will most likely be moving the meetings out of the Board of Selectmen meeting room when construction begins at Town Hall because of concern about the number of people that can attend due to limited egress. The meeting room at the new School Administration Building is available. Job posting/vacancy log Included in the packets was the Job posting/vacancy log provided by the Human Resources Department. Other communications and announcements Selectmen Smedile announced the North Andover Women's Club is celebrating 80 years with a high tea at Stevens Estate on September 20, 2015. Selectmen Vaillancourt announced the North Andover Merchant's Association Fall Festival is on September 26, 2015 at the Common. Chair Watson added that the St. Vincent de Paul Walk for the Poor will be on the same day at the Common in the morning. Town Manager, Andrew Maylor, presented the plans for the West Mill. The middle building, which is not a historic building is being torn down. CONSENT ITEMS: Appointment of Andrew G. Mitchell to Sustainability Committee The Appointment Subcommittee recommended Andrew G. Mitchell be appointed to the Sustainability Committee for a term ending June 30, 2017. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen appoint Andrew G. Mitchell to the Sustainability Committee for a term ending June 30, 2017. Vote approved 5-0. Proposal by Fire Department to increase ambulance billing rate This item was moved to the September 28, 2015 meeting. Board of Selectmen Minutes September 14, 2015 2 Columbia Gas of Massachusetts request to excavate at 10 East Water Street to replace the gas main In accordance with M.G.L. c164 §70, the Board must give consent to the gas company to `dig up and open the ground in any of the streets, lanes and highways of a town.' Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of Columbia Gas of Massachusetts to excavate at 10 East Water Street to replace the gas main, as presented. Vote approved 5-0. Approval and execution of documents related to Bradstreet development, including Tripartite Agreement and First Amendment to Land Development Agreement Copies of the Tripartite Agreement and First Amendment to Land Development Agreement for the Bradstreet project were provided to the Board. These documents bind the developer and their lender to deliver the buildings that the Board approved on an agreed upon schedule. Town Counsel reviewed the documents. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve and sign the Tripartite Agreement and First Amendment to Land Development Agreement for the Bradstreet project as presented. Vote approved 5-0. LICENSING COMMISSIONERS: Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Smolak Farms requests: 1.One Day All Alcohol License for Class, Inc. Staff Appreciation BBQ on Friday, September 18, 2015 from 6:00 p.m. to 10:00 p.m. 2.One Day Wine and Malt License for Lynda Sousa for a Baby Shower on Sunday, September 27, 2015 from 12:00 p.m. to 6:00 p.m. 3.One Day All Alcohol License for Law Office of Michael Lombard for Staff Appreciation Event on Thursday, October 1, 2015 from 3:00 p.m. to 8:00 p.m. 4.One Day All Alcohol License for Mellonakas wedding reception on Friday, October 2, 2015 from 5:00 P.M. to 10:00 P.M. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the 3 One Day All Alcohol licenses for Smolak Farms for events on September 18, 2015 from 6-10 p.m., October 1, 2015 from 3-8 p.m, and October 2, 2015 from 5-10 p.m., as presented, and a Wine and Malt license for Smolak Farms for a baby shower on September 27, 2015 from 12-6 p.m. Vote approved 5-0. Paul Gallant of Merrimack College requests a One Day Wine and Malt License for a Campus Block Party in the Sakowich Parking Lot on September 18, 2015 from 5:00 p.m. to 11:00 p.m. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commissioners, approve the One Day Wine &Malt license for Merrimack College for a Campus Block Party in the Sakowich Parking Lot on September 18, 2015 from 5:00 p.m, to 11:00 p.m. Vote approved 5-0. Public Hearing Public Hearing (continued from 8/31/15)-Richdale (Artie's Corner)-4 Main Street- alleged liquor license violation This public hearing was continued due to the manager, Mohammed Alam, not being available to attend the last meeting. Chair Vaillancourt explained the presentation of the facts was done at the last meeting and Attorney Vaughan had stipulated to those facts as presented. Mr. Alam was present and was sworn in by Town Clerk, Joyce Bradshaw. Attorney Vaughan spoke on behalf of Mr. Alam. Attorney Vaughan explained that the confusion regarding the whereabouts of Nasral Ezaz, the person who sold the beer was due to the police misinterpreting "318 Sutton Street"for"318 Second Street". Mr. Alam owns 318 Sutton Street which is where Mr. Ezaz was staying. Attorney Vaughan attempted to contact Mr. Ezaz but was unable to reach him. Mr. Alam has not spoken with Mr. Ezaz since the incident. Mr. Alam apologized for the incident and took responsibility. Mr. Alam indicated he and his wife work full time and they have one part time employee. Chair Vaillancourt explained that putting someone behind the counter that is not an employee or trained is irresponsible. Mr. Alam indicated that he is TIP certified. Mr. Alam owns another store in Merrimack, MA where his sister in law and brother in law work and they cover for him and his wife if needed. They are both TIP certified. Board of Selectmen Minutes September 14, 2015 3 Rosemary Smedile made a MOTION, seconded by Tracy Watson, that Board of Selectmen close the public hearing. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Phil DeCologero, that Board of Selectmen find that on May 28, 2015 at Richdale(Artie's Corner), 4 Main Street, a liquor license violation did occur pursuant to Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit. Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen impose the penalty of a 1 day suspension to occur on Tuesday, September 29, 2015 on Richdale(Artie's Corner), 4 Main Street, for violation that occurred on May 28, 2015 and that all employees must be TIP certified within 45 days of employment and trained in the use of the ID machine. 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. OLD BUSINESS None NEW BUSINESS None PUBLIC COMMENT None TOWN MANAGER'S REPORT: The Town Manager explained that the budget process is beginning and the selectmen will need to schedule their strategic planning meeting within the next few weeks. Also, at an upcoming meeting, the IT Director, Chris McClure, will come and explain some of the changes that are happening with IT. The website is being updated, the Town is slowly migrating to a new domain (www.northandovec.ma.gov), consolidating town and school payroll and moving to an electronic permit application. August 2015 Incident Report from Fire Department Included in the packets was the August 2015 Incident Report provided by the Fire Department. August 2015 Crime Statistics from the Police Department Included in the packet was the August 2015 Crime Statistics Report provided by Police Chief Gallagher. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:07 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Board of Selectmen Minutes September 14, 2015 4 Documents used at meeting: Minutes of August 31, 2015 Board of Selectmen meeting schedule Job posting/vacancy log Subcommittee appointment information Ambulance billing rate proposal Columbia Gas request Bradstreet development agreements Smolak Farms one day license requests Merrimack College one day license request Memorandum with attach ments-Richdale alleged violation August 2015 Fire Department Incident Report August 2015 Crime Statics Report West Mill advertisement TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Tracy M. Watson, C:hainnan Phil DeCologero, Clerk. TEL. (978)688-9510 Rosemary Connelly Smedile FAX(978)688-9556 Donald B. Stewart Richard M. Vaillancourt BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,SEPTEMBER 14,2015 at 7:00 PM TOWN HALL MEETING ROOM L CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. August 31,2015 Open Session Minutes,as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Introduction of new staff member-Marie Petto,Community Services Officer B. Changes to Board of Selectmen meeting dates C. Job posting/vacancy log V. CONSENT ITEMS A. Appointment of Andrew G.Mitchell to Sustainability Committee B. Proposal by Fire Department to increase ambulance billing rate C. Columbia Gas of Massachusetts request to excavate at 10 East Water Street to replace the gas main D. Approval and execution of documents related to Bradstreet development,including Tripartite Agreement and First Amendment to Land Development Agreement VL LICENSING COMMISSIONERS A. Smolak Farms requests: 1. One Day All Alcohol License for Class,Inc. Staff Appreciation BBQ on Friday, September 18, 2015 from 6:00 p.m.to 10:00 p.m. 2. One Day Wine and Malt License for Lynda Sousa for a Baby Shower on Sunday, September 27, 2015 from 12:00 p.m.to 6:00 p.m. 3. One Day All Alcohol License for Law Office of Michael Lombard for Staff Appreciation Event on Thursday,October 1,2015 from 3:00 p.m.to 8:00 p.m. 4. One Day All Alcohol License for Mellonakas wedding reception on Friday,October 2,2015 from 5:00 p.m.to 10:00 p.m. B. Paul Gallant of Merrimack College requests a One Day Wine and Malt License for a Campus Block Party in the Sakowich Parking Lot on September 18,2015 from 5:00 p.m.to 11:00 p.m. C. Public Hearing(continued from 8/31/15)-Richdale(Artie's Corner)-4 Main Street-alleged liquor license violation VII. OLD BUSINESS VIII. NEW BUSINESS IX. PUBLIC COMMENT X. TOWN MANAGER'S REPORT A. "Ask the Manager" B. August 2015 Incident Report from Fire Department C. August 2015 Crime Statistics from Police Department XL NEXT MEETING DATE Monday, September 28,2015 XIL ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES August 31, 2015 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 20 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of August 10, 2015 Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Parson Barnard House Celebration-September 5, 2015 from 1:00 p.m. to'5:00 p.m. Members of the Historical Society were present to announce the Parson Barnard House Celebration on September 5, 2015 from 1:00 p.m. to 5:00 p.m. Job posting/vacancy log Included in the packets was the job posting/vacancy log from the Human Resources Department. In response to a question about the residency requirement for reserve police officers, Assistant Town Manager, Ray Santilli, explained that you must be a resident for the 365 days prior taking the test. Other communications and announcements Selectman Smedile announced that for their 80th Birthday Celebration the Women's Club would be hosting a high tea at Steven's Estate on September 20, 2015. CONSENT ITEMS: Affordable Housing Trust requests approval of disbursement from Affordable Housing Trust Fund for grant to Bread and Roses Housing Inc.`fonpurchase of 64-66 May Street George Koehler, Chairman of the Affordable Housing Trust explained the project and introduced Yesenia Gil, Executive Director of Bread &!Roses Housing, Inc. The Affordable Housing Trust is once again partnering with Bread & Roses Housing, Inc. to purchase a property to be renovated and sold as affordable housing. Included in the packets was a draft Grant Agreement. The Grant Agreement awards $400,000 from the Affordable Housing Trust'Fund to Bread & Roses Housing, Inc. for the purpose of purchasing 64-66 May Street. Once the units are sold to qualified buyers, Bread & Roses will pay back the trust$128,000,plus the difference between the anticipated expenses and the actual expenses. Phi DeCologero made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen authorize Town Manager, Andrew Maylor, to execute a Grant Agreement between the North Andover Affordable Housing Trust and Bread& Roses Housing, Inc., and approve disbursement of funds from the Affordable Housing Trust Fund in the amount of$400,000.00 for the acquisition of property located at 64-66 May Street, North Andover, MA. Vote approved 5-0. Appointment of Anne Marie Brightman to Festival Committee The Appointment Subcommittee recommends Anne Marie Brightman be appointed to the Festival Committee for a term ending June 30, 2016. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen appoint Anne Marie Brightman to the Festival Committee for a term ending June 30, 2016. Vote approved 5-0. Request of Marybeth Chesler of North Andover Middle School to use Steven's Pond on Monday, September 21 2015 and Thursday September 24 2015 from 8:15 a.m. to 2:15 p.m. for 6th grade kayaking Board of Selectmen Minutes August 31, 2015 2 Marybeth Chesler of the North Andover Middle School submitted a request to use Steven's Pond on Monday, September 21, 2015 and Thursday, September 24, 2015 from 8:15 a.m. to 2:15 p.m. with a rain date of Friday, September 25, 2015 for 6th grade kayaking. All relevant departments reviewed the request and have no issues. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the request of Marybeth Chesler of the North Andover Middle School to use Steven's Pond on Monday, September 21, 2015 and Thursday, September 24, 2015 from 8:15 a.m, to 2:15 p.m. for 6th grade kayaking, with a rain date of Friday, September 25, 2015. Vote approved 5-0. Approve and sign Order of Taking for Safe Routes to School Project Gene Willis, DPW Engineer, was present to request the Board approve and sign the Order of Taking for the Safe Routes to School Project included in the packets. The Order of Taking was reviewed by legal counsel. Mr. Willis indicated that all 32 residents donated the easements, which is a testament to the neighborhood. The Board thanked all the residents for their donation,'' Phil Deco/ogero made a MOTION seconded by Rosemary Smedile that the Board of Selectmen pursuant to the authority granted by the vote taken under Article 6 of the May 19, 2015 Town Meeting, to take by eminent domain temporary easements in the parcels of land shown on a plan entitled"Easement Plan,"dated July 22, 2015,prepared by Allen&Major Associates, Inc., and to execute the Order of Taking in the form presented to us by Town Counsel, which easement shall terminate 3 years after the Order of Taking is recorded. No damages are awarded for said taking, and further, the affected owners have waived damages for said taking. Vote approved 5-0. Approve and sign Conservation Restriction to Essex County Greenbelt Associatioh.for Half Mile Hill Summit, SunnVridge, and Ousler Property Included in the packets is the Conservation Restriction to Essex County Greenbelt Association for Half Mile Hill Summit, Sunnyridge, and Ousler Property to be approved and signed by the Board. The Conservation Restriction is required in order to comply with M.G.L. Chapter 44B, Section 12(a) of the Community Preservation Act, Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve and sign the Conservation Restriction to Essex County Greenbelt Association for Half Mile Hill Summit, Sunnyridge, and Ousler Property, as presented. Vote approved 5-0. Affordable Unit Resale-3 Harvest Drive, Unit 207 (Oakridge Village-Maplewood Reserve) The Citizens' Housing and Planning Association (CHAPA) notified the Town that the affordable housing unit at 3 Harvest Drive, Unit 207 (Oakridge Village-Maplewood Reserve) is up for sale. It was recommended the Board not exercise its right of first refusal. Phil DeCo/ogero made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 3 Harvest Drive, Unit 207(Oakridge Village-Maplewood Reserve). Vote approved 5-0. Disposal of surplus vehicles-Police Departmenf Per the town policy regarding surplus equipment, Police Chief Paul Gallagher submitted a memorandum requesting the Board surplus three vehicles which will be used as trade-ins for approved 2016 purchases. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of Police Chief Paul Gallagher, to surplus vehicles#302(2012 Dodge Charger), #306(2012 Dodge Charger)and#311(2006 Dodge Magnum)per his memo to the Town Manager dated August 6, 2015. Vote approved 5-0. Approve Water/Sewer Abatement Policy Included in the packet was a proposed Water/Sewer Abatement Policy to replace the current policy which was adopted in 2001. The Town Manager explained that the policy has been rewritten to provide a clear procedure for abatement requests and provide a more reasonable timeline for resolution of the request. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the Water/Sewer Abatement policy as presented. Vote approved 5-0. Request of Glen Alt Water Treatment Plant Superintendent, to waive all permit fees for the Rea's Pond Sewer Station Improvement Project Included in the packet was a memorandum from Glen Alt, Water Treatment Plant Supervisor, requesting the Board waive all permit fees for the Rea's Pond Sewer Station Improvement Project. Board of Selectmen Minutes August 31, 2015 3 Rosemary Smedile made a MOTION, seconded by Phil DeCo/ogero that the Board of Selectmen waive all permit fees for the Rea's Pond Sewer Station Improvement Project. Vote approved 5-0. Columbia Gas of Massachusetts requests In accordance with M.G.L. cl64§70, the Board must give consent to the gas company to 'dig up and open the ground in any of the streets, lanes and highways of a town.' Please refer to the material in your packet regarding the following requests for excavation from Columbia Gas of Massachusetts: 1. to excavate at 24 Patton Lane to install new gas service 2. to excavate at 9 Peachtree Lane to install new gas service 3. to excavate at 15 Peachtree Lane to install new gas service 4. to excavate at 25 Peachtree Lane to install new gas service 5. to excavate at 500 Great Pond Road to install new gas service 6. to excavate at 9 Lincoln Street to install new gas service 7. to excavate at 224 Summer Street to install new gas service Richard Vaillancourt made a MOTION, seconded by Phil DeCo/ogero, that the Board of Selectmen approve the requests of Columbia Gas of Massachusetts to excavate at 24 Patton Lane, 9 Peachtree Lane, 15 Peachtree Lane, 25 Peachtree Lane, 500 Great Pond Road, 9 Lincoln Street and 224 Summer Street to install new gas service, as presented. Vote approved 5-0. Chairman Watson announced the Board would be taking the Public Hearings for Columbia Gas and Verizon New England out of order. PUBLIC HEARING: Continued from 7/13/15- Request of Columbia Gas of Massachusetts to install Rectifier Groundbed and Rectifier Pole across from 56 Great Pond Road This hearing was continued from 7/13/15 because there was no representative from Columbia Gas to present the petition. Matthew Rabin from Columbia Gas presented the petition to the Board. There were no comments from the public. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that Board of Selectmen close the public hearing. Vote approved 5-0. ' Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the request of Columbia Gas;of Massachusetts to install a Rectifier Groundbed and Rectifier Pole across from 56,Great Pond Road, as presented. Vote approved 5-0. Request of Verizon New England to install underground conduit-Great Pond Road at Great Lake Lane Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen open the public hearing for the request of Verizon New England to install underground conduit-Great Pond Road at Great Lake Lane. Vote approved 5-0. The Chair asked the representative from Verizon, Joseph Gleason, to present the application. There were no comments from the public. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that Board of Selectmen close the public hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve request of Verizon New England to install underground conduits on Great Pond Road at Great Lake Lane, as presented. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Phil DeCo/ogero, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Mukta Shah of Merrimack College requests a One Day All Alcohol license for a Donor/BOT Reception at the Rogers Performing Arts Center on Wednesday, September 17, 2015 from 5:00 p.m. to 10:00 p.m. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the One Day All Alcohol license for Merrimack College for a Donor/BOT Reception at the Rogers Performing Arts Center on Wednesday, September 17, 2015 from 5:00 p.m. to 10:00 p.m. Vote approved 5-0. Public Hearing for alleged liquor license violation-Thyme Restaurant-97 Turnpike Street Board of Selectmen Minutes August 31, 2015 4 Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by Thyme Restaurant, 97 Turnpike Street. Vote approved 5-0. The Chair read the notice sent to license holder. Town Clerk, Joyce Bradshaw, administered the oath to Lieutenant Eric Foulds, Detective Sean Daley and Detective Daniel Cronin. Lieutenant Foulds explained this incident arose from a compliance check working under a grant targeting underage alcohol use. Detective Daley read the police report. In response to question from the Commissioners, Detective Daley indicated that during the grant execution time period, the Police Department checked all liquor stores and restaurants. On May 28, 2015, the police checked 10-15 business with liquor licenses. The Town Clerk swore in the license holder and witnesses. Fann Linn spoke on behalf of the license holder. Mr. Linn agreed to the facts as presented and apologized for the mistake. Mr. Linn indicated that all employees serving alcohol are now TIPS certified, they remind servers to check ID's at their daily meetings and they have purchased a machine to read licenses. Rosemary Smedile made a MOTION, seconded by Donald Stewart that Board of Selectmen close the public hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen acting as Licensing Commissioners, find that on May 28, 2015 at Thyme Restaurant, 97 Turnpike Street, a liquor license violation did occur. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen acting as Licensing Commissioners, issue a written warning to Thyme Restaurant, 97 Turnpike Street, for violation of the Town of North Andover'Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit: Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age.`Vote approved 5-0. Richdale (Artie's Corner)-4 Main Street Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by Richdale(Artie's Corner), 4 Main Street. Vote approved 5-0. j The Chair read the notice sent to license holder. Detective.Daley read the police report. Town Clerk, Joyce Bradshaw, administered the oath to the owner and her attorney, Brian Vaughan of Smolak and Vaughan. Attorney Vaughan explained that the manager,:Mohammad Alam, could not be present because he is at Lawrence General Hospital for a cardiac''condition:'Mr. Vaughan submitted a doctor's note to the Commission. Mr. Vaughan stipulated to the facts presented. The owner, Mrs. Alam, stated that the person who sold the alcohol was not an employee but a friend of the family that lives out of the country. Chairman Vaillancourt recommended the hearing be continued until Mr. Alam can be present. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the public hearing be continued until September 14, 2015 or until Mohammad Alam is well enough to attend. Vote approved 5-0. Donald Stewart made a MOTION seconded by Tracy Watson, to close the meeting of the North Andover Licensing Commission.Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Stan Limpert of the School Committee announced school starts September 8 1 and the track has been resurfaced. Selectman Stewart suggested Steven's Pond should not have closed last week as there are still two weeks of summer left. The Town Manager indicated the Town will review the policy and report back to the Board. TOWN MANAGER'S REPORT: None Board of Selectmen Minutes August 31, 2015 5 ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 8:29 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Documents used at meeting: August 10, 2015 minutes Parson Barnard House invitation Job posting/vacancy log Memorandum with documents regarding Affordable Housing Trust request Memorandum regarding appointment to Festival Committee Memorandum with request to use Steven's Pond Memorandum and documents regarding Safe Routes to School Order of Taking Memorandum and documents regarding Conservation Restriction Memorandum regarding Affordable Unit Resale Memorandum regarding NAPD surplus vehicles Memorandum and documents regarding Water/Sewer Abatement Policy Memorandum regarding waiver of fees for Rea's Pond Project Memorandum and documents regarding Columbia Gas requests Memorandum and documents regarding Merrimack College request Memorandum and documents regarding hearing for Thyme Restaurant Memorandum and documents regarding hearing for Rchdale (Artie's'Corner) Petition of Columbia Gas' Petition of Verizon New England Communications And Announcements TOWN OF NORTH ANDOVER OFFICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 0 Richard M. Vaillancourt,Chairman Y r'`s TEL. (978)688-9510 Phil DeCologero FAX(978)688-9556 Rosemary Connelly Smedile, Clerk Donald B. Stewart Tracy M. Watson Town of North Andover Board of Selectmen Meeting Schedule June — December 2015 Monday, June 1, 2015 Monday, June 15, 2015 Monday, July 13, 2015 Monday, August 10, 2015 Monday, August 31, 2015 Monday, September 14, 2015 Monday, September 28, 2015 Monday, October 19, 2015 Monday, November 2, 2015 Monday, November 16, 2015 Monday, November 30, 2015 Monday, December 7, 2015 Monday, December 21, 2015 Please note all meetings begin at 7:00 p.m. at Town Hall, 120 Main Street,North Andover, Selectmen's Meeting Room,2"d Floor. A notice will be posted at Town Hall and the Town of North Andover Website under the Municipal Calendar Section and the Public Notice Section. The Chair may call additional meetings if necessary. If you have any questions,please contact Laurie A. Burzlaff at 978-688-9510 or e-mail at Iburzlaff cc townofnorthandover.com . Job Posting/Vacancy Log September 9, 2015 Date Position Department Hiring Manager Status Posted 9/3/15 Permanent Police NAPD Chief Gallagher Internal candidate will come from Officer De artment Reserve Roster. 9/2/15 Operator Drinking Water Glen Alt Posted on Town website and New Treatment Plant England Water Works, receiving resumes. 9/2/15 Technical Services Stevens Library Kathleen Keenan Posted on Town website and Merrimack & Reference Valley Library Consortium, receiving Librarian resumes. 8/26/15 Department Community& Eric Kfoury Receiving resumes, interviews expected Assistant Part Time Economic to begin week of 9/14. Posted internally Development and, will advertise in Eagle Tribune and on Monster.com for 30 days, 8/5/15 Assistant Library Stevens Library Kathleen Keenan Applicants being interviewed. Reviewing Director resumes. Position is open until filled, listed on Town website and Merrimack Valley Libr ry Consortium site. 8/5/15 Operation& Water Treatment Glen Alt Internal applicants to be interviewed on Maintenance Chief Plant 8/21 & 8/26. Internal posting. Promoted Brent Salvatore from Operator position effective 8/31/15. 8/4/15 Reserve Police NAPD Chief Gallagher Applicants notified to attend intake Officer(2) session on 9/10/15 at NAPD to review hiring and screening process. New list generated by Civil Service on 8/20, applicants must sign by 8/31/15. Two individuals signed, Civil Service contacted on 8/19/15 to request additional applicants. One applicant does not meet residency requirement. Civil Service generated list, applicants have to sign by 8/14/15. 7/16/15 Assistant Stevens Library Kathleen Keenan Applicants being interviewed. Posting Children's closed on 7/27/15, received 6 resumes. Librarian Resumes being reviewed. Replacement of internal transfer to Senior Library Assistant. 7/13/15 Library Assistant Stevens Library Kathleen Keenan Applicants being interviewed. 26 (two) resumes, resumes being reviewed. Two new part time positions approved for FY 16 budget. Receiving resumes 6/4/15 Firefighter NAFD Chief Melnikas Civil Service generated list, applicants interviewed hired William F. Lynch effective 7/20/15. 6/11/15 Two Firefighters NAFD Chief Melnikas Civil Service generated list, applicants interviewed hired Nicholas Palladaro and Sean Powers effective 9/14/15. Note: Firefighter openings not on previous log. Consent Items AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 9, 2015 Re: Appointment The Appointment Subcommittee is recommending Andrew G. Mitchell be appointed to the Sustainability Committee through June 30, 2017. North Andover, MA 120 Main Street Phone: 978-688-9500 Citizen Activity Form Good Goverment Starts with You Date Submitted: August 3,2015 Name: Andrew G Mitchell Home Address: 1 Faulkner Rd NORTH ANDOVER,MA 01845 Mailing Address: I Faulkner Rd NORTH ANDOVER,MA 01845 Phone Number(s): (978)688-8548-Home Email Address: amitchell @darlingeonsulting.com Current Occupation: Senior Risk Management Consultant Narrative: I work full-time,but I'd like to join a committee that meets at night and work towards making North Andover an even better place to live. I have a Financial background and I live in town with my wife and two boys. Board(s)/Committee(s): NDUSTRIAL DEVELOPMENT FINANCING AUTHORITY I NA SUSTAINABILITY COMMITTEE _NEIGHBORHOOD CONSERVATION DISTRICT COMM. _YOUTH&RECREATION COUNCILX ZONING BOARD OF APPEALS, Page 1/1 i • A AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 9, 2015 Re: Ambulance Billing Proposal Attached is a proposal submitted by Fire Chief Andrew Melnikas requesting an increase in the Basic Life Support Emergency Ambulance Billing rate from $804.61 to$965.53.The proposal is also recommending the town consider billing for special services currently included in the ambulance rate, such as extra EMT and medications. F'm mm�'m��'m...mm Town of North Andover Loft Fee re Department ...... COMSTAR* eel I $ Ambulance Billing Service Ambulance Billing 1 Proposal: The North Andover Fire Department presents this Ambulance Billing Proposal as the rates for Ambulance Service have not been increased in the past several years. This proposal takes into consideration the complete management of the Town's Emergency Medical Services system from responding to a call requesting medical assistance to providing patient care and transport to account management of ambulance billing. The scope of services that the fire department currently provides has increased significantly over the past several years giving our patients a greater chance of survival. Ambulance Rate Last Increased: 2010 Comparable Rate Charges: • NAFD Current BLS Emergency Rate Average: $ 804.61 • Comstar MA Client BLS Emergency Rate Average: $ 969.00 • Comstar Top 50 BLS Emergency Rate Average: $1,205.00 Current Rates: Charges Center for Medicare&Medicaid Services NA Current Rates BLS Emergency $378.41* $ 804.61 BLS Non-Emergency $236.51 $ 496.28 AILS Emergency $449.36 $ 955.48 ALS2 Emergency $650.39 $ 1,382.92 Special Care Transport $768.65 $ 1,634.36 Mileage $ 7.16 $ 32.73 Airway $ 0.00 $ 293.34 Defibrillation $ 0.00 $ 258.77 Oxygen $ 0.00 $ 120.77 Extra EMT $ 0.00 $ 0.00 C-Spine $ 0.00 $ 0.00 Epi-Pen $ 0.00 $ 0.00 BLS Medications $ 0.00 $ 0.00 Refusal of Care $ 0.00 $ 0.00 *Includes CMS Inflation Factor of 2.0%for 2015 2 F. Services Delivery Levels: "M�] Basic Life Support(BLS)-Emergency:When medically necessary,the provision of BLS services, as specified above, in the context of an emergency response. An emergency response is one that, at the time the ambulance provider is called, it responds immediately. An immediate response is one in which the ambulance provider begins as quickly as possible to take the steps necessary to respond to the call. An emergency is a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical condition could reasonably be expected to result in placing the patient's health in serious jeopardy; impairment to bodily functions;or serious dysfunction to any bodily organ or part. Basic Life Support(BLS)—Non Emergency:Ground transportation and the provision of medically necessary supplies and services, including BLS ambulance services as defined by the State. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an emergency medical technician- basic(EMT-Basic). BLS provides techniques and skills included in an EMT basic training course to individuals as they are transported to the nearest hospital. Advanced Life Support, Level 1(ALS1): When medically necessary,the provision of an assessment by an ALS provider or the provision of one or more ALS intervention.An ALS provider is defined as a provider trained at the level of EMT- Intermediate or Paramedic as defined in the National EMS Education and Ambulance Services Delivery Levels (cost.): An ALS intervention is defined as a procedure that is in accordance with State and local laws, required to be performed by an EMT-Intermediate or EMT-Paramedic. Advanced Life Support, Level 1 (ALS1): Emergency:When medically necessary,the provision of ALS1 services, as specified above, in context of an emergency response.An emergency is a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical condition could reasonably be expected to result in placing the patient's health in serious jeopardy; impairment to bodily functions;or serious dysfunction to any bodily organ or part. Advanced Life Support, Level 2 (ALS2): When medically necessary,the administration of three or more different medications and the provision of at least one of the following procedures: • Manual defibrillation/cardioversion; ® Endotracheal intubation; • Central venous line; • Cardiac pacing; • Chest compression; • Surgical airway;or Intraosseous line Specialty Care Transport(SCT): When medically necessary, interfacility transportation of a critically injured or ill patient by ground ambulance,at a level of service beyond the scope of the EMT-Paramedic. This is necessary when a patient's condition requires ongoing care that must be provided by one or more health professionals in an appropriate specialty area,e.g., nursing, medicine, respiratory care, cardiovascular care or a paramedic with additional training. 3 • WMEWASHKAWRM 7 Payor Groups Calendar Year 2014: Insurance Total Transports Total Collected Percent Collected Blue Cross 220 $195,282.98 96.22% Medicaid 240 $ 5 .87 92.25% Medicare 966 $386,288.27 99.23 Other Insurance 353 254,008.46 86.40% No Insurance 139 33,3 3.0 25.40% p Grand Total Collected: $925,953.45 Total payments from non-contracted payers: $482,645.31 . Inflation Factor by Year: 2010: 1.6% 2011:3.2% 2012: 2.1% 2013: 1.5% 2014: 1.6% Total: 10.0 Why Raise Rates: Cost of Doing Business • Contractual Obligations • Insurance • Fuel Cost • Ambulance Maintenance • Ambulance Replacement (Currently Down Spare Ambulance) • Ambulance Licensing Fees • Controlled Substance Registration Fee • CLIA Waiver Fee • Advanced Training/Skill Set • Cost increase of ePCR Software Upgrade • Increase in cost of medical supplies • Stretcher/Stairchair Preventative Maintenance • AED Annual Preventative Maintenance/Calibration • Comstar Ambulance Billing Contract(3.5%) • EMS Training (NREMT/Scope of Practice Transition July 2013) 4 • Increase cost of medications Medications: (Current Pharmacy Agreement: Billed at Fair Market Value) • Intranasal Naloxone: ($44.99) in service since 2014 • Albuterol: ($42.59/25) in service since 2014 • Sodium Chloride: ($22.99/100) in service since 2014 • Glucose: ($6.79 ea)in service sine 1994 • Aspirin: ($41.19/box 750) in service since 1994 • Epi Pen Adult: ($420.00 Pkg/2) in service since 1994 • Epi Pen Junior: ($420.00 Pkg/2) in service since 1994 *Currently medications administered to patients are covered by the Ambulance Line item and not billed to the patient. (Rates provided above.) Recommendations: • Increase BLS Emergency rate by 20%which would generate an additional$96,529.06. This rate increase would reflect the inflation factor for the past five (5)years and also take into consideration many of the above listed expenses that would help offset the cost of doing business. New BLS Emergency rate would be$965.53. This rate increase would bring the North Andover Fire Department right in line with the Massachusetts Client Average of Comstar Ambulance Billing Clients. • Rates for services currently not invoiced should be considered. (Extra EMT, BLS Medications, Epi-Pen) Neighboring communities charge a flat rate of$250.00 for BLS Medications and $250.00 for an Extra EMT. Raising rates would not affect the elderly as they have contracted rates through CMS. Items that should be considered: • Contracted Services line item for Advanced Life Support (ALS). Who receives bill from LGH? Is it verified? When are we billed for services? When was last time the LGH contract for ALS was revisited? Middleton Fire ALS? Patriot Ambulance ALS? • Who receives monthly reports from Comstar Ambulance Billing and are they verified? Are the unbillables verified? • Can a link be created between Comstar Ambulance Billing and MUNIS to ensure accurate billing? (Match ambulance billing with account receivables.) • When was the Comstar Ambulance Billing contract last reviewed? 5 Mmmm� F'-.0 ni erences: • Comstar Ambulance Billing • www.cros.gov/Medicare/Medicare-Fee-for-Service-Payment • www.mooremedical.com • www.usinflationcalculator.com/inflation/historical-inflation-rates/ Prepared by: Jeffrey Deschenes North Andover Fire Department 124 Main Street North Andover, MA 01845 6 rh, • AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 9, 2015 Re: Columbia Gas of Massachusetts Request from Columbia Gas of Massachusetts for approval to excavate outside of 10 East Water Street for the purpose of replacing the gas mains and installing a new main. Reviewed by: Police Department Notes: Officer needed at site (standard condition) Public Works Notes: 3 days prior to beginning work, petitioner must notify DPW to mark sewer, water and drain pipe locations. (standard condition) 0(.' Massach,'usetts A lViSource Company Date: August 7,2015 Board of Selectmen North Andover,Massachusetts Gentlemen: Columbia Gas of Massachusetts respectfully asks permission to excavate for the purpose of extending and or replacing its gas mains,and installing new main according to blueprints hereto annexed and made a part of this petition and to make the necessary house connections along said extensions as follows: I CMA will replace 100' of 6"BS with 6"HDPE—Low Pressure on East Water Street,outsi de of 10 East Water Street. The new main will be tied into the Low Pressure. One service will be replaced as part of this project, 10 East Water Street,and will be tied back into the new Low Pressure main.This work is being done due to operational problems,past leak history, and very poor pipe condition. Job order# 15-0846086-00 15-0846087-00 Approved, DPW, Date Bay State Gas Company d/b/a By Three days prior to Columbia Gas of Massachusetts beginning work.the petitioner will notify the DPW to mark out sewer, water, and drain pipe'locations. Louie DeRoxas, Field Engineer Columbia Gas of Massachusetts Gentlemen: Permission is hereby granted the Bay State Gas Company d/b/a Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested above. Selectmen, Chief of Police Officer Needed @ Site LL � r A NiSource Company Bate: August 7,2015 Board of Selectmen North Andover,Massachusetts Gentlemen: Columbia Gas of Massachusetts respectfully asks permission to excavate for the purpose of extending and or replacing its gas mains,and installing new main according to blueprints hereto annexed and made a part of this petition and to make the necessary house connections along said extensions as follows: CMA will replace 100' of 6"BS with 6"HDPE—Low Pressure on East Water Street, outside of 10 East Water Street. The new main will be tied into the Low Pressure. One service will be replaced as part of this project, 10 East Water Street,and will be tied back into the new Low Pressure main.This work is being done due to operational problems,past leak history,and very poor pipe condition. Job order#15-0846086-00/ 15-0846087-00 Approved, DPW, Date Bay State Gas Company d/b/a By Three days prior to Columbia Gas of Massachusetts beginning work.the petitioner will notify the DPW to mark out sewer, water, and drain ipe'tdcationso Louie BeRoxas, Field Engineer Columbia Gas of Massachusetts Gentlemen: Permission is hereby granted the Bay State Gas Company d/b/a Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested above. Selectmen, Chief of Police Officer Needed @ Site SCR) ot Mwssachusetts � I ( rc n KnoCa11 befo el i you dig. J (I &� L) 1 JOB ORDER NUMBER ) 15-0846087-00 PROJECT ID 15-31710 WATER EAST JOB TYPE:557/55 PROJECT INFORMATION VICINITY MAP SHEET INDEX DWG, DESCRIPTION FIELDENGINEETnECHNICMN: LDLP,OSA6 T-1 TITLE SHEET LONSI RUCIIDN FI I: ERGH SCATD L-1 LAYOUT PLANS ,ED.,. CITYPER IT D1 CONSTRUCTION DETAILS PROPOSED TCC: NW REVISIONS GAUNtt: EsEEx 106N1 TAX DISTRICT', WdN61 MAPNU11I3ER NANUe] srsTEm NOMREaIS), —I IS PROJECT SUMMARY TABLE 0'HE EMEGRlCYNNE COLUMGNGAS DF MAGSACH'JSETIS PRO?OSED INSTALLATION PROPDSEDNANDONlAENi 1-0D.e.-2 LENGTH IFI) SQE QN) ttFE lE�`GTH(Ff) SERA TYPE ;UO HRPE 1W 6' PS LEGEND 100' TOTAL INSTALLATION(FEET 1Utl TOiALABAttDON4ENT lEEn - ED BEGASFNkN OO 1TVVELL - -- EA'IED GAS FULN TO BE AeANDOnco ® REAL—STATON PROPOSED GAS SERVICES saE NAVE: -- PROPCSEt GAS MAIN Ll SuAGLECUSTOMERREGULATOR ':. - ---- PRBFOSEDGAS nwNUI-E O WHIR RcP.A.cErnervis nEDVERS TornLSERWCES FIETEaours JO#95-0846086-00 COATED STEELGAIDAN f'i NlETER WTTHREGULATOR ESIPAATEDBASSERVERS I e 1 JO#95-0846087-00 CART HOWL SAWN i TEST POINT(STATCH BARESTEELGn DAR GAS SERVICEn oV R N PROJECT ID#15-31790 WROUGHT IRON GAS FIN - GAS SERVICEREPAG IUENT PJGH OENSRYPoYETHYLENE GAS MIN *- METER tAOVE DUT EAST—ER ET MEGUN DENSITY PO-YETHYLENE GAG MAIN 6 TELEPHONE—HELE Nb HANDOVER,ESSEK PRESSURE 0 —A MANHOLE INTERMEDIATE PRESSURE ® EIECTRIGMANHO_E ,.FEESSURE ® 'MD. C HIGHF ESSURE ® EWEA MANHGLE GENERAL NOTE) DRA4VINGTTL= ATTACHED REHYDRANT PROJECT DESCRIPTIOFd RIDE HANGER s DRIFT,FO LE PUI LA'GHANGER .S, VETLAND TITLE SHEET DIRFERDALeORE 0 EA 5 VALVE THIS OA PROTECT FOR CMATO REP CEA 10 SECTION OFe'USTP MIN ON EASTI'LATER Sr IN NORTHANCENS DUETOP,HUDLE 1, TIE PROPOSED GAS MAIN SHOWN IS APPROXIMATE AND SUBJECT TO CHANGE. INSEaTE➢ 0 CRITICALGASVALVE LEAHSAND RECOMlAENDANON FROM OPEHATIONS,CDAWILL BE REPLACNG'HIS SECTION WITH 6HDPELP WIN. 2. PROPPRTYLME STRUCTURES STREET LINE.ETC.MS COMPILED THE COLUMBIA GAS GIS CPENGLN Op PRESSURECONTROLFITIINGS DATA BASE AND ARE TO BE CONSIDERED APPROXIMATE. PNEUMATIC ROBE TNGENDON' 3. EXISTINGUTLITIES,WHERE SHOWN,HAVE BEEN COMPILED FROM ABOVEGROUND PLOWED - END CAP EVIDENCE ONLY AND ARE TO BE CONSIDERED APPROXIMATE.COLUMBIA GAS DOES NOT ROOFTOP REDUCER GUAflANTEE THE LOCATION OF THE UNDERGROUND UTUTIES SHOWN OR THAT ALL DRAWING NO: CHSTING a" ELECTEONIC MARKER EXISTING GEBUTES AND/OR SUBSURFACE STRUCTURES ARE SHOWN. PROPOSED �\ TO 1 GAS MA44 T'c IN LOCATION W1 V,reLO LOGATON �J W S MAJN ABANDONMENT LOCATION EXISTING 6"BS-LP MAIN �s Knowaho sbelow. C2��befoTo you dig. i" j Vk! is)i P \ \\ z \ \' REVISIONS U j 8 Clarcridon I SITEN 1F JO#15-0846086.00 JO#15-0846087-00 EDGE OF ROAD PROJECT ID#15.31710 T-TEPST NePmaPOO�P Essrx F�s� FPOJEOT TITLE WATER ST. . LAYOUT SHEET SSTOPAWING NO: AS-BUILT NOTES a (TO BE COMPLETED DURING CONSTRUCTION) p ccv❑crcv❑cnta❑cA o❑rcox❑cea❑Nlescl �agrtcc V!I/JI: xr pvss px0 nscoxOS E Ins a EP p,ES❑No ox Isrq nom PgESSUxE sysr�rA no. TEST aIIEETaa EIPEUxE�ocan EET.ciTr.TOwxoxcoN �ENCrx sae gE,srEE� 6 6d116E—you dig. sr trio NTRACTOR(IEAPPLICFELE): '.. NITS I—1—IN VAII-INS 1111TSS TSSrs. No PISITIo-N`s so nl PROPOSED REVISIONS '... :R�NMIF: JO#15-0846086-00 JO#15-0846087-00 PROJECT ID#15-31710 EAST WATEA ST NORTq ANJOV<P,ESSIX DRAWING TITLE'. CONSTRUCTION DETAILS DgAWIN. D-1 A AGENDA COVERT MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 14, 2015 Re: Bradstreet Development Attached are the Tripartite Agreement and the First Amendment to the Land Development Agreement for the Bradstreet Development project. The Board is being asked to approve and sign the documents which bind the developer to deliver the buildings approved by the board on an agreed upon schedule. The agreement has been reviewed by legal counsel. TRIPARTITE AGREEMENT For Performance Secured by LENDER's Agreement In consideration of the mutual promises contained herein by and among (i) the Town of North Andover, a Massachusetts municipal corporation, acting by and through its Selectmen, with an address of 120 Main Street, North Andover, Massachusetts 01845 (hereinafter called"TOWN"), (ii) Bradstreet Partners, LLC, a Massachusetts limited liability company, with an address c/o Hearthstone Realty Corporation, 28 Andover Street, Andover, Massachusetts 01810 (hereinafter called "DEVELOPER"), and (iii) Pentucket Bank, a Massachusetts bank with a mailing address of P.O. Box 791, Haverhill, Massachusetts 01831-2479 (hereinafter called the "LENDER"), the parties agree as follows: Recitals WHEREAS, the DEVELOPER and the TOWN executed and recorded a Land Development Agreement dated as of December 30, 2014 (the"LDA")with the Essex North District Registry of Deeds at Book 14087,Page 1, as amended, regarding real estate located at 70 Main Street, North Andover, which the TOWN sold to the DEVELOPER (the "Property") which LDA calls for the DEVELOPER to demolish the building located upon the Property, and construct on the Property two (2)buildings, being (i) a commercial building, fronting on Main Street, consisting of between 16,000 square feet and 19,500 square feet, divided approximately equally between the first floor and the second floor, containing mixed retail/office space and (ii) a residential building, towards the rear of the Property, containing fifteen (15) residential units, and parking spaces serving said buildings, as more particularly described in the LDA (the "Project"); and WHEREAS, the DEVELOPER has proposed a Mixed-use property consisting of two separate structures with separate and distinct allowed uses and different financing requirements, with frontage on two public ways that are to be constructed and occupied at different times in accordance with the Construction Schedule, appended as Exhibit D to the First Amendment to LDA by and between the TOWN and the DEVELOPER and of even date and recorded herewith; and WHEREAS, an integral portion of the consideration for the Property is that the DEVELOPER be legally obligated to "Substantially Complete" both the commercial and residential buildings as defined by Section ILA.3.d. of the LDA within twenty-four (24) months of the Commencement Date as indicated in Exhibit D of the LDA, and to provide the TOWN with written assurance (in a form reasonably acceptable to the TOWN and LENDER) of DEVELOPER's ability to perform said legal obligation to complete both the commercial and residential buildings in a timely manner; and WHEREAS, the parties acknowledge that conventional bank financing will be used to construct this development, with the result that State and Federal banking regulations as well as LENDER requirements beyond the control of the DEVELOPER must be reasonably accommodated; and WHEREAS, in accordance with said regulations and requirements the DEVELOPER will execute, deliver and record a first position mortgage (the "Mortgage") (which Mortgage is and shall remain subordinate to the LDA) to the LENDER to secure, in part, DEVELOPER's notes to LENDER in the aggregate principal amount of Five Million One Hundred Thirty-Nine Thousand Forty and 00/100 ($5,139,040.00) Dollars (the "Notes" and the loan evidenced by the Notes, the "Loan"), secured by the Property herein mentioned; and WHEREAS, the LENDER acknowledges the existence and terms of the LDA and assures the TOWN that as provided in the LDA, both the LENDER and any party acquiring ownership of the Property comprising the Project through LENDER's foreclosure of LENDER's mortgage from the DEVELOPER or through a deed in lieu of foreclosure, or otherwise, will be taking ownership of the Property subject to the terms and provisions of the LDA; and WHEREAS, the TOWN requires certain assurances concerning the priority of the LDA and the use of the proceeds of the Loan for the Project, and the obligation of the DEVELOPER and Developer's successors and assigns to be obligated and bound to the TOWN for completion of the Project in accordance with the LDA; and WHEREAS, the TOWN requires additional assurances that the DEVELOPER and/or any party acquiring ownership of the Property comprising the Project through LENDER's foreclosure of LENDER's mortgage or a deed in lieu of foreclosure, or otherwise, will timely complete the Project in accordance with the approved plans and Construction Schedule. NOW THEREFORE, in order to secure the complete construction of the Project, the DEVELOPER and the LENDER hereby agree that the LENDER, in addition to LENDER advancing Loan funds in accordance with the terms and conditions of the CLA, as defined below, and the other instruments, agreements and other documents delivered with the Notes and otherwise in accordance with the LENDER's normal and customary construction lending practices regarding requisitions, inspections and approvals before construction funds are released for payment of construction expenses, shall hold in the form of undisbursed construction proceeds of the Loan (as referenced above) the sum of One Hundred Fifty Thousand and 00/100 ($150,000.00) Dollars ("SECURED FUNDS") in order to further secure the complete construction of the Project. In particular, the parties agree as follows: 1. The LENDER agrees to administer disbursement of the Loan proceeds in accordance with DEVELOPER's Construction to Permanent Loan Agreement ("CLA") evidencing the Loan and entered into between the DEVELOPER and the LENDER and otherwise in accordance with LENDER's normal and customary construction lending practices, and LENDER further agrees to not disburse the Loan proceeds to the DEVELOPER except in connection with the construction and completion of the Project and except in conformity with the CLA. The parties hereto understand and acknowledge that the LENDER will be reviewing and funding monthly requisitions from the DEVELOPER, in accordance with the terms of the CLA. Nothing herein shall make the TOWN a third-party beneficiary of the rights, terms and provision of the CLA. 2. It is further agreed that in the event that Substantial Completion of the Project (as defined in Section II.A.3.d. of the LDA) is not completed in accordance with the LDA within twenty four (24) months from the July 17, 2015 Commencement Date (subject to any applicable extensions), the SECURED FUNDS being held by the LENDER shall be disbursed to the TOWN, for just cause, without the need or necessity to obtain the consent or signature of the said DEVELOPER. 3. It is further agreed that the TOWN shall have FULL recourse against the SECURED FUNDS, notwithstanding any transfer of title, assignment, Bankruptcy or imposition of lien by or against the DEVELOPER, to secure the TOWN in the event of a breach of this Agreement by the DEVELOPER. Upon delivery of the SECURED FUNDS to the TOWN, the LENDER shall be discharged of its liability to the TOWN relative to the balance of such escrowed money held with respect to this Tripartite Agreement, and LENDER shall have no further obligation for payment of any funds or other amounts to the TOWN nor shall the LENDER have any other obligation or liability to the TOWN except as expressly provided in Paragraph 4 of this Agreement. 4. (A)This Tripartite Agreement shall remain in full force and effect until the DEVELOPER and/or any party acquiring ownership of the Property comprising the Project through LENDER's foreclosure of LENDER's mortgage, a deed in lieu of foreclosure, or otherwise, has fully and satisfactorily performed all obligations under the LDA to achieve Substantial Completion of the Project. (B) LENDER covenants and agrees with the TOWN that any foreclosure or deed in lieu of foreclosure process will comply with the terms and provisions of the LDA, the Lender recognizing that its Mortgage is subject to the terms and provisions of the LDA. In particular, pursuant to LDA Section II.B.1, Lender shall advise any purchasers at foreclosure, deed in lieu of foreclosure and all successors in title resulting from the same that those acquiring title shall be required to recognize and agree to comply with the terms and provisions of the LDA, including without limitation all timeframes required under the LDA. (C) LENDER further covenants and agrees with the TOWN that with respect to any transfers resulting from the foreclosure of the Mortgage (or from a deed in lieu of foreclosure process), and in the event that LENDER or its nominee takes title to the Project (such transferee for purposes of this Section (C) being the "Lender Transferee"), such Lender Transferee shall assume and agree to comply with all conditions and agreements contained in the LDA, including, but not limited to the obligation to construct the Project in the manner and the timeframe required by the LDA, unless the Town pursuant to LDA Section IILA.2 consents (as may be permitted under the LDA) to modify the same in order to suit such Lender Transferee's needs. Pursuant to LDA Section VLD, after any foreclosure or deed in lieu of foreclosure process following which Lender Transferee takes title to the Project, Lender Transferee expressly agrees not to undertake or continue the construction or completion of the Work (beyond the extent necessary to conserve or protect improvements or construction already made) without first having expressly assumed the obligation to the Town, by written agreement satisfactory to the Town to complete the Work in the manner and within the timeframe provided in the LDA. (D) As stated in Section II.A.3.d. of the LDA, "Substantial Completion" shall occur when the Project has been constructed such that Developer has completed the exterior of the buildings and has adequately prepared the interior of the buildings for final configuration and fit-up by the tenants or occupants, with only minor "punch list items remaining." Issuance by the TOWN of the Certificate of Substantial Completion, pursuant to Section II.A.7.a. of the LDA shall in and of itself, without the necessity of any other document, constitute a release of DEVELOPER and LENDER of DEVELOPER's and LENDER's obligations under this Agreement. (E) The parties hereto agree that when the DEVELOPER has completed construction of the exterior of the Residential Building to the point it has a weather tight shell (meaning the roof, doors, windows, and exterior siding have been installed, to be confirmed as described in the next sentence), the amount of the SECURED FUNDS to be held hereunder by the LENDER shall be conclusively deemed to be reduced to the amount of $100,000. At such point as the Residential Building has a weather tight shell, the DEVELOPER shall submit a request that the TOWN's Inspector of Buildings (or his designee) confirm to the Town Manager's Office that the roof, doors, windows, and exterior siding of the Residential Building have been adequately installed (the "Weather Tight Confirmation"); provided, however, that the issuance of any such Weather Tight Confirmation shall in no way constitute any type of representation or warranty by the TOWN as to the quality or methodology of construction. 5. Nothing in this Agreement shall preclude DEVELOPER from occupying either or both buildings at any time upon completion of applicable requirements of appropriate building codes and its Special Permit approval from the North Andover Planning Board. 6. Any amendments to this Agreement shall be agreed upon in writing by all parties to this Agreement. Nothing in this Tripartite Agreement modifies or supersedes the terms and provisions of the LDA (as affected by the First Amendment to LDA recorded herewith). [Signature Page Follows] IN WITNESS WHEREOF, the said parties have executed this Agreement as of this day of September, 2015, and have affixed their seals. TOWN: Town of North Andover, By Its Board of Selectmen Richard M. Vaillancourt Phil DeCologero Tracy M. Watson Rosemary Connelly Smedile Donald B. Stewart DEVELOPER Bradstreet Partners, LLC By: Name: Willard D. Perkins Title: Manager LENDER Pentucket Bank By: Name: Title: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this day of September, 2015, before me, the undersigned notary public, personally appeared ' member of the Board of Selectmen of the Town of North Andover,proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as a member of the Board of Selectmen of the Town of North Andover. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this day of September, 2015, before me, the undersigned notary public, personally appeared Willard D. Perkins, the authorized Manager of the above-named Bradstreet Partners, LLC, a Massachusetts limited liability company,proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as the authorized Manager of the above-named Bradstreet Partners, LLC. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this day of September, 2015, before me, the undersigned notary public, personally appeared the above-named , of Pentucket Bank,proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose on behalf of Pentucket Bank. Notary Public My Commission Expires: FIRST AMENDMENT TO LAND DEVELOPMENT AGREEMENT 70 Main Street,North Andover,Massachusetts First Amendment (this "First Amendment") dated as of this 14th day of September, 2015 to the Land Development Agreement dated December 30, 2014, by and between the Town of North Andover, a Massachusetts municipal corporation, acting by and through its Board of Selectmen, with an address of 120 Main Street, North Andover, Massachusetts 01845 (hereinafter called "Town") and Bradstreet Partners, LLC, a Massachusetts limited liability company, with an address c/o Hearthstone Realty Corporation, 28 Andover Street, Andover, Massachusetts 01810 (hereinafter called"Developer"). WHEREAS, the Town has conveyed to Developer certain premises in North Andover, Massachusetts, known as the former Bradstreet School and located at 70 Main Street, North Andover, Massachusetts, and being that property described in a deed from Town to Developer recorded with the Essex North Registry of Deeds ("Registry of Deeds") in Book 14086, Page 314, upon which Developer has agreed to construct a development containing a mix of retail and residential uses (the"Development"). WHEREAS, the Developer and Town have entered into that certain Land Development Agreement dated December 30, 2014 (inclusive of the Addendum as defined below, the "LDA"), recorded with the Registry of Deeds in Book 14087, Page 1, which was to contain the following exhibits: (1)plans and sketches consistent with those submitted with the Proposal submitted by the Developer to the Town, dated April 8, 2013, said plans and sketches to be approved by those boards and officers issuing permits and approvals reasonably necessary for the renovation/construction of the Development(the"Approved Plans"), to be attached to the LDA as Exhibit C; (2) a construction schedule acceptable to both Town and Developer ("Construction Schedule"), to be attached to the LDA as Exhibit D; and(3)funding sources identifying the source of monies necessary to undertake construction of the Development("Funding Sources"), to be attached to the LDA as Exhibit E. WHEREAS, the Developer was further obligated,pursuant to Section II.B.4 of the LDA, to post a performance bond or, in lieu thereof, provide such other funding mechanism to "ensure completion of construction of the Project." WHEREAS, the Town and Developer further executed an Addendum to the LDA (the "Addendum"), recorded with the LDA, which extended the date for completion and approval by the Town of the Approved Plans, Construction Schedule and Funding Sources to April 1, 2015 (the "Town Approval Date"). WHEREAS, simultaneously with the recording of this First Amendment, the Town, Developer and Pentucket Bank ("Lender") are recording a Tripartite Agreement for Performance Secured by Lender's Agreement("Tripartite Agreement")with the Registry of Deeds. NOW, THEREFORE,the parties agree to amend the LDA as follows: 1. Extension of Town Approval Date. Town agrees that the Town Approval Date is deemed extended until the closing of the loan with Lender, and the recording of this First Amendment and the Tripartite Agreement, so long as this occurs prior to September 18, 2015. 2. Exhibits C, D and E. Attachment 1 attached hereto and incorporated herein shall be Exhibit C (Approved Plans) of the LDA; Attachment 2 attached hereto and incorporated herein shall be Exhibit D (Construction Schedule) of the LDA and Attachment 3 attached hereto and incorporated herein shall be Exhibit E(Funding Sources) of the LDA. 3. Performance Bond. The Town acknowledges and agrees that upon the execution and recording of the Tripartite Agreement, all requirements under Section II.B.4 of the LDA relative to the Developer supplying a performance bond to the Town prior to commencement of any work on the Development shall be deemed fully satisfied. 4. Estoppel Provisions. By executing below, the Town and Developer hereby certify to Lender as follows as of the date of this First Amendment: a. The"Commencement Date" under the LDA is July 17, 2015. b. The LDA, as amended by this First Amendment, is in full force and has not been restated or further amended or modified as of the date hereof. c. Neither the Developer nor the Town is in default under any of the terms, provisions, covenants, or conditions of the LDA; neither the Developer nor the Town has given 2 or received any notice of dispute under the LDA and has not issued any notice of default under the LDA since its execution and delivery. d. There is no action, suit, or proceeding pending or threatened,with respect to the LDA or the Development. e. With respect to the "Addendum to Land Development Agreement" dated December 30, 2014 and appended to the LDA as recorded with the Registry of Deeds at Book 14087, Page 1 (the "Addendum"), the Town hereby confirms its satisfaction with and compliance by the Developer with the terms and provisions of the Addendum, such that the Town further confirms that the terms and provisions of Addendum Section 5 on "Default and Remedies"is hereby terminated and no longer has any force or effect. 5. Building Permits. At the present time, the Developer has made application for a Building Permit for construction of the Residential Building. As indicated in the Construction Schedule attached hereto as Exhibit D, the Developer is not required at this time to apply for a Building Permit for the Commercial Building, the construction of which Commercial Building will commence and conclude as described in Exhibit D attached hereto. [Signature Page Follows] 3 WITNESS our hands and seals as of the date above written. DEVELOPER: TOWN: Bradstreet Partners, LLC Town of North Andover, By Its Board of Selectmen By: Name: Willard D. Perkins Richard M. Vaillancourt Title: Manager Phil DeCologero Tracy M. Watson Rosemary Connelly Smedile Donald B. Stewart 4 COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of September, 2015, before me, the undersigned Notary Public, personally appeared , Selectman of the Town of North Andover, as aforesaid, who proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose, on behalf of the Town of North Andover. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of September, 2015, before me, the undersigned Notary Public, personally appeared Willard D. Perkins, Manager of Bradstreet Partners, LLC, who proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of Bradstreet Partners, LLC. Notary Public My Commission Expires: 529704v2/NAND/0138 5 ATTACHMENT 1 Exhibit C to the Land Development Agreement Approved Plans Those plans approved by the North Andover Planning Board,in its Notice of Decision dated January 6, 2015,recorded April 1, 2015 with the Essex North Registry of Deeds in Book 14179, Page 268, said plans entitled"70 North Main Street," dated August 4, 2014, revised through December 30, 2014,prepared by JD LaGrasse&Associates, One Elm Square, Andover, MA 01810. 6 ATTACHMENT 2 Exhibit D to the Land Development Agreement Construction Schedule 7 EXHIBIT Q: Construction Schedule: 70 Main Street, North Andover, Massachusetts DATE ITEM DESCRIPTION Dec.30,2014 Closing on 70 Main St Purchase of land from Town of North Andover March 5,2015 Stair Lift Decommissioning Decommissioning of existing stair lift March 31,2015 Pre-Construction Meeting Meeting with Gerry Brown and Jean Enright regarding remaining items to be completed prior to construction April 3,2015 Public Notice Demolition Contractor giving notice to DEP regarding asbestos and hazardous materials abatement April 5,2015 Siltation Controls and Site Installation of Siltation Controls,secure construction Security fence, provide locks April 21,2015 Interior Waste Removal Beginning of hazardous waste removal of the school interior April 27,2015 Street Opening Town of North Andover allows streets to be dug up dependent upon prior Selectmen approval April 29,2015 Air Quality Clearance Air quality clearance certificate and visual received May 6,2015 Gas Company Removal of Columbia Gas completes cutoff of existing high pressure Service gas main. May 26,2015 Limestone Plaque removed Historical Commission to complete removal of date plaque at rear of building by this date July 17,2015 Commencement Date, Official Commencement Date represented by receipt of Demolition Permit demolition permit and clear to start from Planning Board. Ongoing site clearing, Clearing of trees and removal of dilapidated fencing and July 13,2015 building stakeout debris around site, removed stockpiled debris from demolition July 8,2015 Building Demolition Start Secure site,start demolishing structure from Saunders St side first after interior waste is removed and air quality clearance certificate received July 31,2015 Demolition Complete Completion of demolition operations,ongoing debris removal August 3,2015 Building Permit Building Permit received for apartment building on or before this date August 3,2015 Site Work Start Phase I Initiate site work near Saunders Street—erosion and sedimentation controls, Phase I drainage work, utility connections, building excavation and backfill, rough grading,etc. August 14,2015 Construction debris All demolition materials removed from site to final completion date disposal site August 14,2015 Apartment Building Complete 15-unit apartment building construction at —Mar. 1,2016 Construction rear of site. Phase I paving binder coat&partial landscaping as weather permits Nov. 1,2015 Site Work Start Phase 11 Initiate site work near Main Street—erosion and sedimentation controls, Phase 11 drainage work,utility connections, building excavation and backfill, rough grading,etc. Nov.30,2015— Commercial Building Complete Commercial Building constructed on Main St. Aug. 1,2016 Construction as approved by the North Andover Planning Board Mar. 1,2016 Initial Occupancy of Certificate of Occupancy&final touchup Apartment Building(50%+) June 1,2016 Apartment Building 100% As qualified tenants acquired occupied Aug. 1,2016 Apartment Project Approximate completion date as per LDA exterior only, Completion Date Certificate of Occupancy for commercial building Aug. 1,2016- Ongoing Commercial Complete fit-up for commercial tenants based on Jan. 1,2017 Tenant Fit-up tenants Jan. 1,2017 Initial Commercial Tenants Subject to start date of commercial building shell move in (50%) construction May 1,2017 Commercial Building Complete Commercial Building construction,interior Construction Completion fitup depending on getting tenants July 17,2017 Completion of project Final site work,finish paving,striping&landscaping ATTACHMENT 3 Exhibit E to the Land Development Agreement Funding Sources The Project cost of$5,717,040 is being funded from three sources. The Developer will be utilizing construction loan financing from a local commercial bank for 90% of the Project costs, with the other 10%being supplied directly by the Developer. The Developer's cash infusion into the Project will be $578,000, much of which has already been spent by the Developer to acquire the property from the Town ($300,000) on December 30, 2014, and to obtain all of the necessary permits and approvals to commence construction of the Project. The remaining balance of the Project costs directly funded by the Developer will be in the form of the cost to demolish the existing building on the property and to begin the site work phase of the construction process. The remaining 90% of the Project development funding has been committed to be made as a commercial construction loan from Pentucket Bank of Haverhill, Massachusetts in the amount of $5,139,040. MassDevelopment has entered into a loan participation arrangement with Pentucket Bank to advance 50% of the construction loan financing needed for each loan tranche of the Project as described above not to exceed $1,108,750 in connection with construction of the Residential Building and not to exceed $1,460,770 in connection with construction of the Commercial Building. Pentucket Bank has agreed to supply the other 50% of the construction loan financing. The closing on the construction loan financing with Pentucket Bank and MassDevelopment has occurred in conjunction with the execution, delivery and recording of this First Amendment to Land Development Agreement to which this Exhibit E is attached. 8 Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 bF OORTH N Joyce A.Bradshaw,CMMC 0 p Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 ACHU MEMORANDUM TO: Richard M. Vaillancourt, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich,Asst. Town Clerk DATE: September 10,2015 SUBJECT: Three All Alcohol and One Wine&Malt One Day Requests Attached please find applications for Three All Alcohol and One Wine &Malt One Day request to be held at Smolak Farms as follows: • September 18, 2015- Friday 6pm-10pm Class Inc. Staff Appreciation BBQ(All Alcohol) • September 27,2015 —Sunday 12pm-6pm Lynda Sousa Baby Shower(Wine &Malt) • October 1, 2015 —Thursday 3pm-8pm Law office of Michael Lombard Staff cookout(All Alcohol) *All entertainment to stop at 7pm • October 2, 2015—Friday 5pm-1 Opm Kara Mellonakas Wedding Reception(All Alcohol) Included are favorable recommendations from the Police Department, Fire Department and the Building Inspector. All fees have been paid. Please do not hesitate to contact me if you have any questions or concerns. Thank you. f � 00R.TH A - Community Partnership... a• - Operations Division Lieutenant Charles P. Gray TO: Suzanne Pelich FROM: Lieutenant Charles P. Gray RE: One Day Liquor License Requests- Smolak Farms September 18, 2015 Smolak Farms September 27,2015 Smolak Farms October 1, 2015 Smolak Farms October 2,2015 DATE: September 1, 2015 Please be advised that the following four requests for a one day liquor licenses have 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, alI 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. t i I 4 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax:978-681-1172 y R i Pelich, Suzanne From: Brown, Gerald Sent: Tuesday, September 01, 2015 9:12 AM To: Pelich,Suzanne Subject: RE:4 One Day Liquor License Requests The Building Dept has no issues Thanks Suzanne From: Pelich, Suzanne Sent: Tuesday, September 01, 2015 9:01 AM To: McCarthy, Fred; Brown, Gerald; Gray, Charles Cc: Bradshaw,Joyce Subject: 4 One Day Liquor License Requests Good morning, Attached is a request for 4 One Day Liquor Licenses from Butlers& Bars to be held at Smolak Farms on 9/18,9/27,10/1 and 10/2/2015. If you could please provide me with recommendations by Friday. Thank You for all your help, Suzanne Pelich Assistant Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9500 Fax 978.688.9557 Email spelich @townofnorthandover.com Web www.TownofNorthAndover.com 1 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 t%ORTH Andrew Melnikas of�t`•o agtio Fire Chief o� "`y "' °� Telephone (978) 688-9593 9 FAX(978)688-9594 Lt. F. McCarthy Fire Prevention Officer �'�s =o t�y amelnikas @..townofilorthandover.com sgcHUSE fincearthy@townofnorthandover.com Town Clerk's Office 124 Main St. North Andover,Ma September 2,2015 The Fire Department recommends favorable action in granting the following one day liquor licenses at Smolak Farms. September 18,2015 All Alcohol, for the purpose of a BBQ for a local business. September 27,2015 Wine&Malt, for the purpose of a baby shower October 1,2015 All Alcohol, for the purpose of a cookout for a local business. October 2,2015 All Alcohol, for the purpose of a wedding reception. Regards, Lt Frederick McCarthy Fire Prevention 978-688-9590 TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE;APPLICATION (30 DAY NOTICE S I ROitGLY RECOMTVItf=i ;Ml)) Qrgsrilzation hoidlog event: c 1�+1 !C. Name Address of Responilble Party; � C��S;ul �yukvl Yh CQ vritct turror&e-main Lf--c�; `7� L0001 3n bf EV6ntl- BEQ B is tE.e 06 tt:.b*.ng caterocl:? Yes No Name-Of Date&Tame of Event: ol 1 Non Prof"tt-Organizafiotl) OtherTtian Dori PitAtt w1heI&I�lalt All i;;D i!Virre&malt A-L-4?0( :M0$r BE PURCHAS€P By-THELICOWEE FROM A Wfi0LESAtfR V Has permrssjan been rec6iVed from the property.owner-to hold'this event? i 404 a ,Yti,hb is serving the alcohol? ��f� S� � �� i�� ._Doo �- i Does,4he server have liquor liability Insurance? Hsv.p servers had training in:aloobol service? i;the undersigned, und ers:and and agree to the restriction and responsibilities of holding a One Day ,'=l:vi:pl t lcerise:end certi'I'Y that i am not prohibrted from holding such license. I agree that the'fovon of i4a;°ts;Andover is in nc Nay responsible for the actions of the appilcant. x•11111 App!Cant's Signature Date TOWN OF NORTH ANDOVER ONE DAY. 1i'Q0OR MENU APPLICATION (30 DAY NOTICE STRONGLY RECOMMENPED) r� 8 d 10 sA Org:;niza_tion.holding event: 1 G.. �<.� > , � tr, Name 8;Address of Respon$iblE Party; L �►c -- mss Contact CohUct N urn b0-&.e-rria ii zc1 �'�� rsgy Low#iob W Eveptt `Type of Ev2`rit: is tiie svent:laein tier106� Yes Nb Nam"f-+Caterex C-�-•��1 1 J Date 8i`i me'efEventi J_A Non Prafit.arga-nizatibn. Otheffht h ftb Profit Uwrtle..& malt Ail Albbbel will#&:Gait Aa C-0i4 dL.MQST-RE MURCOAS-0 6Y THE 1:10ERSt A UV#iOL ES A LtR Haspermiss;o'n,be'en:received from tfie:proporty,owner tp hold thi,5 0vew t Who is serv'iiig the alcohol?�1 � �� U_ `( ,c� 'aoes,the server have liquor liability insurance? Have servers had training in alcohol seNke? - 1,the undersigned, understand.an:d agree to the restriction.and responsibilities of holding a one Day Aicohol License and certify.that I am not prohibited from holding such license, I agree that the Town of North Andover is in noway responsible fot the actions of the applicant. Applicant's Signature bate TOWN OF NORTH ANDOVER i ONE DAY LIQUOR LICENSEAPPLI.CATION (30 PAY NOTICE STRONGLY RECOiVlNiENPED) Organization holding event: �aw Name&Address of Responsible Party: L Gj 6-C M , ra 9�&--tog(0 gi6Sq Contact Nuiimber&,e-ri�ail �� j ,� ,�-� Location of EV+ent Type of Event;. is tht I?ve:Rt-b'e rig satereO Ye's M Name.vf-iQaterer Date 8i Time of Events Non Profit:.Or.�ariizati` ptYierT,h.a:n IVQn Profit Wirt & Malt Al.l Alc�lioi 1 1ihe&:Mb.jt AtirOHtOI MUST ,E PURCh)ASE43.B?l T�1E 1r10EN. 1=L ERfJI\/f A IIV:HOLE�A;LfR Haspermiss nn beers recolved from*e property..owner to hold this event? `�- Who is serving the Does the server have liquor liability insurance? Have:servers had trahing in.ticobol service? I,the.undersigned, understand and agree to.the restriction and responsibilities of holding a One Day Alcohol License and certify that i am not prohibited from holding such license. I agree.that the ToWn of L Andover is no'Way responsible for h'e a tlons of the applicant, Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSEAPPLI:CATION (30 DAY NOTICE STRONGLY RECOI\rjMi,ENDED) d ��GTC)\_ 1 V l `'Organization holding event: �� Name&Address of Responsible Party; rn Q (0-g619y Cont aet.f OMber&;e-rhail Location of Event; Tye of Event:. �C5_0 Is tiie ovtnt'Wng catered? Yes Nb Narn.Wof-Caterer l , C Date$i 7ire of Event. Nora Profit-.0r n.izat bn Othef 7h.4h Min Mfft Wire Malt i Alcohol `ll ii*&:Molt AtGQH.OL.IVIt1ST;BE PURCi IAS.ED-B?I THE L10ENSEE R M A WHOLESALER Has`p:ermiss on been recQ ved from the property..oWher to hold this event` Who Is serving the Does'the server have liquor liability insurance? `�_ Have.servers had training in alcohol service? '-� I,the undersigned, understand.anal agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of orth Andover n no'Way resporisibie or h'e actions of the applicant. Applicant's Signature Date TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF t%ORTH q 4tlC b '1' Joyce A. Bradshaw, CMMC o� �h:,. 0 ti p Telephone(978)688-9501 Town Clerk, r FAX(978)688-9557 Cl GHUStiK� '..',........... MEMORANDUM TO: Richard M. Vaillancourt, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich, Asst. Town Clerk DATE: September 10, 2015 SUBJECT: One Day Request Attached please find an application for a One Day Wine& Malt request from Paul Gallant, on behalf of Merrimack College. The event is a Campus Block Party to be held at the Sakowich Parking Lot, Friday September 18, 2015 from 5pm to l 1pm. Included are favorable recommendations from the Police Department, Fire Department and the Building Inspector. All fees have been paid. Please do not hesitate to contact me if you have any questions or concerns. Thank you. Pelich, Suzanne From: Brown, Gerald Sent: Wednesday, September 02, 2015 3:42 PM To: Pelich, Suzanne Subject: RE: one day Liquor License Application for Merrimack College Building Dept has no issues From: Pelich, Suzanne Sent: Wednesday, September 02, 2015 3:32 PM To: Gray, Charles; Brown, Gerald; McCarthy, Fred Cc: Bradshaw,Joyce Subject: one day Liquor License Application for Merrimack College Attached is a request for a one day Liquor License from Merrimack College.The event is to be held at the Sakowich Parking Lot for a campus Block Party on September 18, 2015 from 5pm to 11pm. If you could please provide me with recommendations as soon as possible . Thank you, Suzanne Pelich Assistant Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9500 Fax 978.688.9557 Email spelich(@townofnorthandover.com Web www.TownofNorthAndover.com 1 (�� | x8xv�v� Town Clerk's Office 124 Main St. North Andover, Ma September 2, 2O|5 The Fire Department rcconnmendo favorable action in �ruotingu one day liquor license, VVino �� ukon September 18,2015 to Merrimack College at the Sakowich parking lot for the purpose of a block party. |loguvda, . ' Lt Frederick McCarthy Fire Prevention 978-688-9590 | � t r � NOR LH. A MOVER lR�ANP --•Community Partnership•-- Operations Division Lieutenant Charles P. Gray TO: Suzanne Pelich FROM: Lieutenant Charles P. Gray V RE: One Day Liquor License Request-Merrimack College September 18, 2015 DATE: September 3, 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 ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name &Address of Responsible Party: MERRIMACK COLLEGE/Paul Gallant 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number& e-mail Gallantp @merrimack.edu 978-837-3523 Location of Event: Sakowich Parking Lot Type of Event—Campus Block Party Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date &Time of Event: 9/18/2015 S:OOPM TO 11PM Non Profit Organization Other Than Non Profit Wine& Malt X All Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?_SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signatur ,fJL Date 9/2/15 Massachusetts General Laws, Chapter 138, s 14 w A AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 10, 2015 Re: Rlchdale (Artie's Corner)-4 Main Street This hearing was continued from August 31, 2015 due to the manager being hospitalized. Attorney Vaughan has confirmed the manager, Mohammad Alam, will be at the meeting. Attached are: Note from Lawrence General Hospital Memorandum from Lt. Eric Foulds Incident Report Compliance check guidelines Copy of letter notifying the license manager of the hearing Violation guidelines I ;. Address o;' City State Security f✓.eatur6g Listed on Back r Q'o T iw1� j"i?` dyJ .Ja N 18 3 60 9 U)co 00 ca t Mr o % dYl � a: �• ems' � o �� D. �'. Physician's Signature as y p Type or Print Name DBA`No. Refil Times MICHAEL FE IHIs Mp INTERCHANGE IS MANDATED UN)ASS THE PRACTITIONEk WRITE$ ' " T1418V DS"N(Q SUB ION",IN THIS SPACE 5/08 4 �. NORTH ANDOVER 'rc(�� iii A WIW I n,'m nr�n ---Community partnership... To: Chief Paul Gallagher From: Lt. Eric Foulds Re: Liquor Violation Date: July 28,2015 On May 28, 2015 members of the North Andover Police Department Anti-Crime Unit,working under an EOPS grant targeting Underage Alcohol Use, performed a compliance check at several establishments that hold a liquor license in North Andover.This operation consisted of a 19 year old male attempting to purchase alcohol from an establishment under the supervision of police personnel and followed strict guidelines established by the Alcoholic Beverage Control Commission (ABCC). At approximately 7:28 p.m.,the nineteen year old male entered the Richdale, known as Artie's Corner, at 4 Main St.with currency provided by Detective Daley and Detective Cronin. The male went to the beer cooler and retrieved a six pack of Yuengling Beer and walked up to the counter in order to purchase the alcohol. The male employee did not ask for identification and sold the alcohol for$7.29. The nineteen year old male exited the store and walked directly to the vehicle that Detective Daley and Detective Cronin were in. The nineteen year old male described that clerk as a young man. Shortly after the purchase Detective Daley and Detective Cronin entered the store,spoke with business owner Mohammed ALAM and informed ALAM of what occurred. ALAM was not present when the purchase occurred and a younger male, identified as Ezaz ISLAM,was working behind the counter. ISLAM confirmed that he did not ask for identification. This is a violation pursuant to 204 CMR 2.05(2)Permitting an illegality on the licensed premises, to wit:Chapter 138,Section 34,Sale or delivery of an alcoholic beverage to a person under twenty- one years of age. All involved officers will make themselves available at the Licensing Commissioners request. Attached is a report filed by Detective Sean Daley and the ABCC guidelines regarding compliance check operations. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 North Andover Police Department Incident Number: 2015000013728 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: N/A (978) 683-3168 Print Date: June 3,2015 Incident Report Printed By: efoulds Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 05/28/2015 7:28:OOPM Thurs 105/28/2015 1 7:28:00PM — 5/28/2015 7:28:33PM Reported As Incident Type-Primary Arresting Officer Liquor License Violation Alcohol-Other Incident Address Reporting Officer 4 Main Street,North Andover, MA 01845 Detective Sean Daley(457) Sector Stat.Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other Action Taken N/A Report Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex I Home Phone#I Cell Phone# Work Phone# Involved ALAM, MOHAMMED J -717/1954 M (617)876-8834 (617)312-9257 1 N/A - ------------------- --- - ------- --- -------------------------------- Address 355 Sutton Street,North Andover, MA 01845 Involved NASRUL ISLAM,EZAZ 2/23/1984 M (917)378-3305 NIA NIA --------------------------------------------- ---------- ---- ---------- ---------- ---------- Address-,318 SECOND STREET, NORTH ANDOVER,MA 01845 Involved Officers Officer Title Officer Name Officer Type Division Detective Daniel G Cronin Responding Officer Criminal Investigations Division Detective Sean Daley Reporting Officer Criminal Investigations Division Detective Sean Daley Responding Officer Criminal Investigations Division Incident Number.2015000013728 Page 1 of 2 PlFormSingle 08/27/14 North Andover Police Department Incident Number: 205000N3728 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: N/A (978) 683-3168 Print Date: June 3.2O15 Incident Re port Printed By: afou|de Narratives for Incident Number 2016000013728? Yes Other Narratives not authorized for p,int? None� Narratives this user authorized buprint: Narrative by: Detective Sean Daley(467) Division:Criminal Investigations Division Date&]ime Narrative Description Entered b Status Reviewed by Last Edit Date 000212015 17:30 Lieutenant Eric poumo Open 0602m015 (*uo) l. On May 28, 2015 the North Andover Police Department Anti-Crime Unit conducted alcohol compliance checks at licensed establishments in North Andover. A nineteen year old male was utilized to enter licensed establishments and attempt tu purchase alcoholic beverages. l A1 approximately 7:J8 p.m.,the nineteen year old male entered Richda|e"Artie's Corner" located at Main Street, North Andover, MA. The male went to the beer cooler and retrieved a six pack ofYuen8||ng Beer and walked upto the counter in order to purchase the alcohol. The male employee did not ask for identification and sold the alcohol for$72Q. The nineteen year old male exited the store and walked directly to the vehicle that Detective Daley and Detective Cronin were in. The nineteen year old male informed the Detectives of what occurred inside of the store. 3. Shortly thereafter Detective Daley and Detective Cronin entered the store and spoke with business owner Mohammed AU\M,informing him of what had occurred. ALAM was not present when the purchase occurred and a younger male, identified as Ezaz ISLAM,was working behind the counter, ISLAM and ALAK8 were both informed that a violation occurred and reminded of their responsibilities as a licensed seller of alcohol. S�mature'Repnd�9O07oa/ S/g��v,e'�eWewingOfficer ---- � Incident Number:2015000013728 Page 2 me P|FunnGnnle0o/27/1^ Commonwealth of Massachusetts \ Department of the State Treasurer -u - Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA. 02114 Telephone: (617)727-3040 Fax: (617) 727-1258 Timothy P.Cahill Eddie J.Jenkins Treasurer and Receiver General Chairnwn COMPLIANCE CHECK GUIDELINES These guidelines are intended to provide the basic framework,which will be used when conducting underage drinking compliance checks on licenses premises. 1) Notification that a compliance check will be taking place will be made in the media prior to the start date. 2) The underage person taking part in the compliance check should reasonably look their age. Efforts to make them appear older should be avoided. 3) A photo of the underage person should be taken and attached to the information requested in #6. 4) The underage person should not be carrying any identification when taking part in the compliance check. 5) The underage person should not carry any money with them other than that given by the ABCC Investigator or law enforcement officer supervising them. 6) The underage person shall sign a release form prior to starting participation in this program. The underage person and an ABCC Investigator or any other law enforcement officer should also sign and date a copy of these guidelines. 7) Unless circumstances warrant, the underage person shall be given a B.A.0 test at the beginning and at the conclusion of the investigation. They should be informed of this prior to beginning the investigation. 8) The underage person shall enter the licenses premises under observation by an ABCC Investigator and/or a law enforcement officer. 9) The underage person shall attempt to purchase an alcoholic beverage. They should attempt to purchase the same thing at each location. 10)At no time shall the underage person attempt to misrepresent their age or provide any identification. ll)If asked for identification, the underage person should leave the establishment. 12)If served at any on-premise establishment, the underage personal shall remain on the licenses premises for a period of time instructed by the ABCC Investigator or law enforcement officer. They should than exit the licensed premises leaving the alcoholic beverage. If served at an off-premises establishment, the underage person shall carry the alcoholic beverage out to the ABCC Investigator and/or law enforcement officer. 13)At no time, under any circumstances, shall the underage person consume any alcoholic beverage. 14)The safety and welfare of all underage participants will be of the utmost importance to the ABCC Investigator and law enforcement personnel. Underage persons shall not be exposed to any unusual, unnecessary or unreasonable risk. 15)The underage person will not wear, exhibit or carry any ABCC or law enforcement identification or falsely represent themselves as an employee of this agency or any other law enforcement unit while participating in this program. They shall not under any circumstances carry a weapon. 16)ABCC Investigators and law enforcement personnel should only enter the premises to observe on an as needed basis when circumstances warrant. 17)Notice to licensees of alleged violations will be given upon conclusion of the compliance check. Official notification of date, time and place of hearing. UNDERAGE OPERATIVE: Date: ABCC INVESTIGATOR OR LAW ENFORCEMENT OFFICER: Date: 0-019: 3 '('oWN OF NORTH ANDOVER OFFICE 01' LICENSING COMMISSION 120 AMAIN STREET NORTH ANDOVER, MASSACHUSETTS 01815 Richard M.Vaillancourt,C•hairnxo? ,rt'`'T'�, TEL(97 8)658-9510 Phil DcColobcro FAX(978)688-9556 Rosemary Connelly Smedile Donald B.Stewart Tracy M. Watson August 10,2015 Mohammad J. Alain, Manager Sehtu,Inc. 4 Main Street North Andover, MA 01845 Re: Possible violation Dear Mr. Alam; The North Andover Licensing Commissioners hereby notifies you, and request you to be present, at a public hearing to be held on Monday,August 31,2015 at 7;00 pm at Town Hall, Selectman's Meeting Room,2°d Floor, 120 Main Street,North Andover, MA,regarding al leged violations of a Restaurant License issued under Section 12 of Massachusetts General Laws Chapter 138 to Sehtu, Inc. This violation relates to the alleged incident described in the attached Incident Report,which occurred at your establishment on May 28,2015 at approximately 7;28 P.M. As stated in the report,the violation is pursuant to 204 CMR 2.05 (2)permitting an illegality on the licensed premises,to wit Chapter 138 Section 34 sale or delivery of an alcoholic beverage to a person under twenty-one years of age. At this hearing you have the right to have counsel present, may have witnesses testify on your behalf,and will be entitled to question witnesses. As a result of testimony to be given that night, the action of the commissioners could result in a warning, suspension,revocation, or modification of your license. Very truly yours, Richard Vaillacourt, Chairman Licensing Commission Cc:North Andover Police Dept. t, I beverages to a person under twenty-one years of age, written notice of said allegation shall be sent to the parents or guardians of such person pursuant to MGL, Chapter 138, Section 64. i 32. Violations Penalties for violations of these regulations shall be imposed in accordance with the following guidelines, to be imposed after notice to the Licensee and hearing before the Board, First Offense: Written warning or 1 to 5 day suspension, at the discretion of the Board. Second Offense: (Within 60 months of first offense) 5 to 15 day suspension; revocation or modifications may also be imposed. Third & Subsequent Offenses: (Within 60 months of second offense) 15 to 30 day suspension; revocation or modifications may also be imposed. The Licensee shall serve suspensions on consecutive business days beginning on the third Thursday following the imposition of penalties by the Board or.such dates to be determined by the Board, The following criteria may be considered by the Board in determining the penalty to be imposed: a. number of prior offenses, including ABCC adjudicated violations b. degree of inspection, etc. exhibited by Licensee C. severity and type of offense d. efforts to identify purchaser, if any, provided that acceptance of a non-permissible form of identification shall not be a mitigating factor e, appearance of purchaser in cases of illegal sales f, quality of evidence g. general reputation of Licensee h, the percentage of total revenue the licensee receives from the sale of alcoholic beverages. it I Section B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES 1. Food Service Required Licenses under M.G.L. Chapter 138, Section 12, otherwise known as restaurant liquor licenses, may be issued only to duly licensed coinmo victuallers and innholders who have adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons, as required by Chapter 140 and for the hours of sale specified in Section B. 5. below. The regulations in this Section shall also apply to clubs,to the extent that they may be applicable. 8 Old Business New Business Public Comment Town Manager' s Report North y r Fire Incidents - Primary Type Only Printed: 9/4/2015 10:56 am From Date:08/01/2015 to:08/3112015 Jurisdiction:North Andover rI p a r "Type I r°v iii ni' ®False Alarms&False Calls 15.4% I®Fire 1.8% ❑Good Intent Calls 4.8% Hazardous Condilions(No Fire) 3.3% Other Type of Incidents 0.3% Rescue&Emergency Medical Service 67.4 ❑Service Calls 6.6% Severe Weather&Natural Disasters 0.3% Total: 100.0 Fire 1 Building fire 2 Cooking fire,confined to container 1 Trash or rubbish fire,contained 2 Passenger vehicle fire 6 Sub-Total,Fire Rescue&Emergency Medical Service 197 EMS call 16 Motor vehicle accident with injuries 10 Motor vehicle accident with no injuries 223 Sub-Total,Rescue&Emergency Medical Service Hazardous Conditions(No Fire) 1 Gas leak(natural gas or LPG) 1 Heat from short circuit(wiring),defective/worn 1 Overheated motor 4 Power line down 1 Arcing,shorted electrical equipment 3 Hazardous condition,other 11 Sub-Total,Hazardous Conditions(No Fire) Page 1 of 3 MFIncidentsbyPrimaryType 08/23113 North Andover Fire Department Incidents ® Primary Type Only Printed: 9/4/2015 10:57 am From Date:08/01/2015 to:08/31/2015 Jurisdiction:North Andover Service Calls 1 Lock-out 1 Water evacuation 2 Water or steam leak 1 Assist police or other governmental agency 1 Public service 6 Assist invalid 3 Unauthorized burning 2 Cover assignment,standby,moveup 5 Service call,other 22 Sub-Total,Service Calls Good Intent Calls 7 Dispatched&canceled en route 1 No incident found on arrival at dispatch address 1 Smoke scare,odor of smoke 1 EMS call,party transported by non-fire agency 2 Hazmat release investigation w/no hazmat 4 Good intent call,other 16 Sub-Total,Good Intent Calls False Alarms&False Calls 2 Sprinkler activation due to malfunction 1 Extinguishing system activation due to malfunction 17 Smoke detector activation due to malfunction 1 Heat detector activation due to malfunction 7 Alarm system sounded due to malfunction 2 CO detector activation due to malfunction 7 Smoke detector activation,no fire-unintentional 1 Detector activation,no fire-unintentional 5 Alarm system sounded,no fire-unintentional 5 Carbon monoxide detector activation,no CO 3 False alarm or false call,other 51 Sub-Total,False Alarms&False Calls Severe Weather&Natural Disasters 1 Lightning strike(no fire) 1 Sub-Total,Severe Weather&Natural Disasters Other Type of Incidents 1 Citizen complaint 1 Sub-Total,Other Type of Incidents 331 Total Number of Incident Types Page 2 of 3 MFIncidentsbyPrimaryType 08/23/13 North Andover Fire Department Incidents - Primary Type Only Printed: 9/4/2015 10:57 am From Date:08/01/2015 to:08/31/2015 Jurisdiction:North Andover Total Count of Unique Incident Numbers for this Period: 331 Grand Total Count of Unique Incident Numbers for this Period: 331 I Page 3 of 3 XXFIncidentsbyPrimaryType 08/23/13 ,- j;A f rrr�� J NORTH ANDOVER POLICE ieng: ' -Community Partnership ... A, The Office of Chief Paul J. Gallagher TO: Andrew Maylor,Town Manager FROM: Paul J. Gallagher, Chief of Police DATE: September 2,2014 RE: August 2015 Crime Statistics This August we began wrapping up the summer months and transitioning to school and fall activities. Crime was down in most categories. More importantly,many of our summer crimes such as B&E to motor vehicles were down significantly from last year. National Night Out(NNO)2015 was a huge success. Despite dire weather predictions leading up to the event,NNO 2015 was held as planned under mostly sunny skies. An estimated 5,000 people attended NNO. Some of the highlights included 19 demonstrations by North Andover Police, Essex County Sheriffs and Mass. Environmental Police,an interactive fire suppression demonstration put on by North Andover Fire,hot dogs and hamburgers served by NAPD personnel,Youth Services doing face painting, and a fly over by NA Cam's drone giving a bird's eye view of the event.This was a tremendous event that brought the citizens,local merchants and public safety together. Area legislators,town officials and District Attorney Blodgett were also present. All North Andover Police Department School Resource Officers (SRO) attended training in "Specialized Trauma and Rescue Tactics (START)"at Andover PD. This course was taught by nationally recognized experts in school safety/active shooter incidents. Four officers and an SRO also attended a two week Drug Enforcement course on drugs. This will assist our problem with opiods. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax:978-685-0249 The Command Staff met with representatives from the Essex County District Attorney's Office to discuss the new Drug Diversion program recently started at Lawrence District Court. The purpose of this program is to offer an opportunity for drug dependent offenders to seek treatment in lieu of criminal charges. Offenders will only receive one chance at the diversion program, and must successfully complete it to avoid criminal charges. Only misdemeanor drug possession offenses and minor secondary offenses related to drug addiction,such as shoplifting,are eligible for the program. As the fall approaches,the police department is gearing up for back to school traffic and school activities. We have our traffic unit, as well as patrol cruisers,monitoring school zones and crossings to acclimate commuting travelers with the areas of concern with the younger walkers and bike riders. North Andover Police Crime Statistics Criminal Activity Jul•15 Ag": Chan e % Change Domestic Abuse 17 11 1 -6 •253%' A&B,Assault 2 1 100.0%j Suspicious Activity 94 113 19, 20.2%1 D&E 1 4 2 2 -R11% B&E MV 11 3 I -8 -72.7% Larceny 27 33 6 22.2% General Disturbance 31 34 3 9.7% Alarms Res&Comm 136 135 -1 411%, Aid to Public 52 60 8 15.4%: 911 Hang UpI Abandon 42 31 -11 .26.2% Arrests/summons Ju1-151 Aug-151 Chan ice 19han e Total Booked 73 65 .8 .11.0% Arrests 24 15 -37.5% OUI Arrests 5 3 ARM, Summonsed 35 1 35 0 0.0%: Warrant Arrests 2 3 1 50.0% PC 4 2 -2 -50.0% Calls for Service 2512 242 10 -1,2% Proactive Policing Jul-15 AMA 5 Qgg�e to Change Motor vehicle Stops 518 i 486 -32 -6.2% Motor vehicle Crashes 51 65 4 7.8% Property Checks 1 866 820 .46 -53%, Community Service Ofc. --Jul; k"", 15 QLn�e a n e i I Animal Complaints 31 32 1 3.2% Calls for Seryto 3 4 1 33.3% Document Service 0 0 0 #DI'V101 Parking Enforcement 0 0 0 #DIV/01 Property Checks 0 0 0. #DIV/O! North Andover Police crime Statistics 160 140 120 -- ------ _ _ -- -- 100 Z 80 Q60 --- � 20° U co C? W 41 4> w NO g -- 80 -- -— --- -- _ _ _ -- --- 70 Ln 6p O 50 �— E 40 N 30 --- 20 Q 10 0 Total Booked Arrests OUTArrests Summonsed Warrant PC Arrests - 1000 —.— - ----- 800 ---- c Il � U 600 - (U 400 - - a zoo -- -- Motor vehicle Stops Motor vehicle Crashes Property Checks - - 35 30 ---__- U 25 20 — _ -------— _ N U 15 c 10 lvi U Animal Calls for Service Document Parking Property Checks Complaints (PT) Service Enforcement North Andover Police Crime Statistics Criminal Activity ___L Jul-14 AM-141 Change % Change -- Domestic Abuse d 17 15 -2 •11.5% — A&B,Assault 6 1 -5 2% Suspicious Activity 92 93 1 1.1% B&E 2 3 1 50.0% B&E MV 7 27 20 255.7% Larceny 29 2. .3 -- — .10.3% General Disturbance 45 43 -2 -4.4% Alarms Res&Comm 137 129 -5 -5s% - Aid to Public 54 51 -3 -&6% 911 Hang Up/Abandon 44 41 .3 -6.8% Arrests/Summons Jul-14 Au -14 Change % Change Total Booked 62 50 -12 -19.4% Arrests 20 12 _ . .0% OUI Arrests _ 5 2 -6 -75.0% Summonsed 14..._.._ 31 17 121.4% Warrant Arrests 9 2 -"1 -77.5% -_..._._..______-__. _ _ _ PC 4 1 -3 -75.0% Calls for Service 2947 2S96 51 -1.7% Proactive Policing Jul 14 Auk 14 Chan a % Chan e Motor vehicle Stops — - 492 643 151 30.7% Motor vehicle Crashes 64 37®5% Property Checks 1210 1019 -191 -15.5% Community Service Ofc. Jul-14 Aug-14' Change % Change - Animal Complaints _ 41 24 -17 _ -41.5% Calls for Service 43 52 _ 39 90.7% Document Service 20 1 42 22 110.0% Parking Enforcement 7 7 0 0.0% Property Checks 0 2 2 #DIV/01 North Andover Police Crime Statistics 160 140 120 4>1 100 80 60 40 20 U0 V 70 60 -------- 50 - 0 E 40 cn 30 - 20 - 10 - 0 Total Booked Arrests OUI Arrests Summonsed Warrant PC Arrests 1400 tv 1200 .0 1000 U 6 800 CL (D 600 400 0 200 I........................ 0 Motor vehicle Stops Motor vehicle Crashes Property Checks 100 (Ij 80 U 2-1 60 GI 40 0 20 E E 0 0 U1 Animal Calls for Service Document Parking Property Checks rr r r / r / /r r rrr r i rUi%i // /i // /%//// �/� ///ii " r /r/o ii/O r a r r r r r r r r r r rr /„ r/r//, / ion lrr � of �I YJ r , u Wl i r i u � on d 0 'u>�rt reWrvnmv�r t ur ii 'a �u Alwo 100 ' ' �� ,� b✓'r6Y f//lDN/vlP/G?pd0fp! rr g ry r %%%%/ rri/lip,//////i�//////�/i,;% /////ri///////r///////////// Jp/ r?// /�✓/i F��, ,� v ' 'r 'r�-ni .,,,� ,,, r /r jjj '/�////i/Oil/ S✓�r: � , / Grll .v� nm--n-.2 IYiii �uerr� - o/ r/oi ii ,,,,,,,��,��„�,,,r,r//,r�r�,/ri/�r� G,/i/or/ %//2v/�li//i„/%✓/rrrov��//i//oi�a�a�//�,///%/„J/ii%i//��, /l /,..r,rte,�� /r! ri„//,/�,,, .�,/p%/�,��, ,//c„ %r�r�d,,,, r 1 / � /J ,r MOB NORTH t i I I) r r r r/ a JJ p r/ Future Development,- Site 1 W III a HIGH STREET r VIII 6 �� ,_.:.. :»� ,•".1,,,,...�. ,r,.:',,,,,,,, „rw,;,,,rrrr9ni,� �/ � ^� �°'"'"..., ��o��//��,r A /'.(i��pr�� V �dl�r`f� / +��'If�°��" - SMT /N IY�u �kty�r J�i�i II . , n�"` '� '"' � ■ r M / i / / / / t / / F / �� Salem, N ,,,,r / �/ ,S,Jt, 0/'d,Jn 4 a il�no'� , ftl ge a r� t M,,, 213 >� /// � ",i,, Georgetown J doWntouun I Orth A7, OV r t �Ie� III�qr b�n�s / r� i/ ///%///�% a� //i//%/ii/// . the vaCue of a �rbprb o � c 'IJ /� 33 33 ! !/ Uw/ /� �// //! a /�� ; North Andover a enttles ofi ,eiii �n toGUrl Less ! n ona HE r l e from inter fiate 49 , 1/U0t jlpi als c air Ipswich �i /! i/ 33 Andover Box P proxlrnitytO g3(, r/,//I,e , the B A �f3rrlrrlU er` ' „< fail (less than 2 ru les), the M�RTA Cammu�et Lowell t / �, d" bus t0 Boston (on site) abd 'easy c�CCeS� �CI; � !� Tewksbury the�Rte j2;8,,/,,c//6 rrldC7r a, d Middleton r seconda,ry hlghway�, M n' fe region at urge" " North Reading l Dan a vets One ofostn's most deslrak�ie suk�urbs, North Wilmington Lynnfield 3 Ando\ter comb-'' ' aftradiue demographics" ' 'Ith convenient aetess iaoth to Boston (24 Burlington u Bedford m ies away) and Southern Neu HaMpshlre !/ Peabody With a :he of uuell"pies r+ied prr�perties; wcbun, sCem'C reCroatlon areas', and effectI e town Lexington services, North Ahdover offers` ii Ideal cilmate for attracting ern"ployees and 'g"rowir>Ig your; a r business; Cambridge' Waltham Boston m