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2010-02-22 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 fµORT#1 A Tracy M. Watson,Chairman William F.Gordon 0 TEL.(978)688-9510 Daniel P.Lanen *} * FAX(978)688-9556 Richard A.Nardella Rosemary Connelly Smedile SsACHUSE` BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA FEBRUARY 22,2010—7:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. EXECUTIVE SESSION A. Collective Bargaining B. Litigation Strategy III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. February 2,2010,Executive Session Minutes as written B. February 8,2010,Executive Session Minutes as written C. February 8,2010,Open Session Minutes as written V. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT A. New Business Recognitions 1. Just Dance,65 Flagship Drive 2. Merrimack Valley Martial Arts Academy,200 Rear Sutton Street B. FY09 Auditors Report C. Financial Advisor Report VI. CONSENT ITEMS A. The Timothy P.Roberts"Reeling in a Dream"Foundation is requesting permission to hold two events. 1. Fishing Derby on Lake Cochichewick Saturday,June 5,2010 from 7:00 a.m.—4:00 p.m. 2. Tourney for Tim/Rockin for Roberts Saturday,August 7,2010 at Middle School Fields VII. LICENSING COMMISSIONERS A. Violation Hearing—Millennium Eatery,Inc. Beijing Restaurant VIII. OLD BUSINESS A. Town Manager's Recommended FYI 1 General Operating Budget B. Review/Vote of Non-Monetary Articles C. Fire Chief Recruitment Update IX. NEW BUSINESS A. Essex Regional Retirement Board—Proposed Legislation X. TOWN MANAGER'S REPORT XI. ADJOURNMENT / l I / / r / i / ) / / a / ✓ y "J 1 l/ l 5 r / f r f STANDARD & O O 1 1 � I � I I � ,1 November 24,2009 Summary North. . .. o lm . Massachusetts; setts; General Obligation Primary Credit Analyst Victor Medeiros,Boston(1)617-530-8305;victor_medeiros®standardandpoors.com Secondary Credit Analyst Michael P Taylor,New York(1)212-438-1458;michael_taylor®standardandpoors.com "Fable Of Contents Rationale Outlook Related Research www.standardandpoors.com/ratingsdirect 1 Standard&Poor's.All rights reserved.No reprint or dissemination without S&P's permission.See Terms of Use/Disclaimer on the last page. Summary: Obligation US$10.436 mil GO bnds ser 2009 A&B dtd 12/15/2009 due 01/15/2030 Long Term Rating AA/Negative New North Andover GO Unenhanced Rating AA(SPUR)/Negative Outlook Revised Rationale Standard&Poor's Ratings Services revised its outlook on the'AA'long-term rating and underlying rating(SPUR) on North Andover,Mass.'general obligation(GO)debt to negative from stable based on the town's deteriorated financial position. Standard&Poor's also assigned its 'AA' long-term rating,and negative outlook,to the town's series 2009A and 2009B GO bonds and affirmed its 'AA' SPUR on the town's existing GO debt outstanding. Unaudited fiscal 2009 draft results show management reduced reserves to offset revenue declines in state aid and other local receipts.The unreserved fund balance decline was worse than we initially expected. The negative outlook reflects our expectation that the town will continue to experience downward revenue pressures stemming from the economy,that the town's collective bargaining contracts will remain unsettled through 2011, and that the town's ability to raise the tax levy due to Proposition 2 1/2 constraints will remain limited. Credit strengths supporting the rating include the town's: • Location and access to large regional employment centers in the Boston metropolitan area and northern Massachusetts; • Very strong income levels with median household effective buying income at 135% of the commonwealth's level and 157% of the nation's level; • Extremely strong property tax base with a market value of$174,000 per capita;and • Low debt burden,net of school construction grants and self-supporting enterprise funds. Officials plan to use series A bond proceeds to fund various capital projects and series B bond proceeds to refund the town's 2001 and 2002 bonds outstanding. North Andover,with a population estimate of 27,957,is predominantly a residential community 24 miles north of Boston.The town's access to Boston and surrounding employment centers along interstates 93 and 495 provides residents with a diverse employment base.The local economic base has also remained stable recently with commercial and industrial properties accounting for 10% of assessed value(AV). Overall,North Andover's economic characteristics are very strong.Unemployment,at 8.9% as of September 2009,has risen but has remained Standard&Poor's I RatingsDirect on the Global Credit Portal I November 24,2009 2 Standard&Poor's.All rights reserved.No reprint or dissemination without S&P's permission.See Terms of Use/Disclaimer on the last page. Summary:North Andover,Massachusetts;General Obligation below commonwealth and national rates. Median household effective buying income was 135% and 157% of commonwealth and national rates,respectively. North Andover's AV declined by 1.7% in fiscal 2009 to$4.4 billion. As with many cities and towns in the commonwealth,North Andover experienced strong AV appreciation from fiscals 2000-2007; but real estate values have recently softened.Nevertheless,the town's corresponding market value remains,in our view,an extremely strong$174,000 per capita,reflecting the property tax base's current strength. Median home values are twice the national level.The tax base is very diverse with the 10 leading taxpayers accounting for 3.5%of total AV. North Andover's financial position remains adequate despite a recent reserve reduction for fiscals 2008 and 2009. Audited fiscal 2008 results showed an unreserved general fund decrease of approximately$1.1 million that reduced the balance to $1.6 million,or roughly 2.1of expenditures.The town closed fiscal 2008 with a $1.19 million stabilization fund balance. Combined,the town mamtame roughly$2.9 million,or 3.6% of general fund expenditures,in available reserves. In fiscal 2009,the town managed through a midyear state aid cut and local receipts coming in less than budgeted.In response,management made several budget adjustments and used roughly$1.4 million of unreserved fund balance, nearly depleting the balance.Unaudited draft results indicate a$164,000 unreserved fund balance,or less than 0.5% of expenditures.Despite the decrease to unreserved fund balance,the town was able to realize a$1.8 million savings in health insurance expenses that allowed management to appropriate funds intended for the health insurance trust fund into the stabilization fund,increasing that balance to$2.1 million.In total,the town has roughly$2.2 million of available reserves,or roughly 2.7% of expenditures.Property taxes are the town's largest revenue source,generating 66%of expenditures;property tax collections,averaging 98% over the past five fiscal years, have historically been strong. The current reserve position,while adequate,is below average compared with commensurate'AA'ratings. A$1.8 million balance reserved in the health insurance trust fund,however,provides additional operating flexibility;we believe this provides some additional near-term budgetary relief in the event heath insurance costs increase. Finance officials are projecting balanced budgetary results in fiscal 2010 with no planned reserve reduction.Town officials reduced expenditures by$1.6 million in fiscal 2010 to better align revenues with expenditures.For the near future,the town will continue to manage through the recession with below-average reserves compared with its peers because it will be difficult to raise the tax levy due to Proposition 2 1/2 limits. Officials,however,are looking to initiate several cost-savings strategies that they hope will,over time,improve operating flexibility. Based on a review of several key financial practices,Standard &Poor's considers North Andover's financial practices "good" under its Financial Management Assessment(FMA)methodology,indicating financial practices exist in most areas but that governance officials might not formalize or regularly monitor all of them.The town has a finance committee in place that meets frequently.For revenue and expenditure assumptions,the town uses trend analysis that includes the previous years'results and commonwealth legislators in its planning for state aid receipt projections.The finance department reports monthly to the town manager on budgeted results and quarterly to the selectmen.The town has a five-year financial plan linked to its five-year capital plan. The town also maintains an investment policy.Management reports quarterly investment results to the selectmen and monthly investment results to the town manager.The town's formal reserve policy is to maintain reserves at 4%-6% of budget;the town is currently operating below the policy. www.standardandpoors.com/ratingsdirect 3 Standard&Poor's.All rights reserved.No reprint or dissemination without S&P's permission.See Terms of Use/Disclaimer on the last page. Summary:North Andover,Massachusetts, General Obligation Net of school construction grants and self-supporting enterprise funds,debt levels are low. Including this issuance, the town's overall net debt is $1,469 per capita,or 0.8% of total market value.Debt service carrying charges were a moderate 10% of 2008 expenditures.Amortization of existing debt,however,is above average with officials planning to retire 87% of principal by 2019 and 100% by 2029. Outlook. The negative outlook reflects the decrease in the town's financial position over the past three audited years,which has substantially limited its operating flexibility. Given the economy's current state, and what remains a challenging budgetary environment,we believe the town's reserves are no longer commensurate with an 'AA'rating. We will lower the rating if the town is unable to make the necessary budgetary adjustments to improve its financial position. Related Research USPF Criteria: "GO Debt," Oct, 12,2006 rr r North Andover GO Long Term Rating AA/Negative Outlook Revised North Andover GO(ASSURED GTY) Unenhanced Rating AA(SPUR)/Negative Outlook Revised North Andover GO(FGlQ(MBIA)(National) Unenhanced Rating AA(SPUR)/Negative Outlook Revised Many issues are enhanced by bond insurance. Complete ratings information is available to RatingsDirect on the Global Credit Portal subscribers at www.globalcreditportal.com and RatingsDirect subscribers at www.ratingsdirect.com.All ratings affected by this rating action can be found on Standard &Poor's public Web site at www.standardandpoors.com.Use the Ratings search box located in the left column. Standard 8c Poor's I RatingsDirect on the Global Credit Portal I November 24,2009 4 Standard&Poor's.All rights reserved.No reprint or dissemination without S&P's permission.See Terms of Use/Disclaimer on the last page. Copyright©2009 by Standard&Poors Financial Services LLC(S&P),a subsidiary of The McGraw-Hill Companies,Inc.All rights reserved.No part of this information may be reproduced or distributed in any form or by any means,or stored in a database or retrieval system,without the prior written permission of S&P. 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Copyright O 1994-2009 by Standard&Poors Financial Services LLC,a subsidiary of The McGraw-Hill Companies,Inc.All Rights Reserved, 1"1 f"" s K 1AIww.standardandpoors.com/ratingsdirect 5 Town of North Andover,Massachusetts Debt Service Combined Refunded Target 200,099.38 PV Savkvs 200.099.38 Percentage 3.1200% Fiscal Fiscal Fiscal Date Principal Coupon IPM Interest Toted Total New New Savings Savings 12!15!2009 0.00 0.00 0.00 4/1/2010 230,000.00 71,077.50 301,077.50 395,184.24 395,184.24 (94,106.74) 6/152010 85,000.00 14,990.00 99,990,00 401,067.50 0.00 99,990.00 5,88328 1011/2010 0.00 65,90250 65,90250 47,150.00 18,752.50 12/152010 0.00 13,247.50 13,247.50 0.00 13,247.50 411=11 230.000.00 65.902.50 285.902.50 352.150.00 399,300.00 (56.247.50) 61152011 65,000.00 13,247.50 98,247.50 473,300.00 0.00 98,247.50 74,000.00 10112011 0.00 60,727.50 60,727.50 43,71&75 17,008.75 121152011 0.00 11,462.50 11.462.50 0.00 11,46250 4112012 230,000.00 60,727.50 290,727.50 348,716.7$ 392,437.50 (57.991.25) 67152012 100,000.00 11.462.50 111,46250 474,380.00 0.00 111,48250 81,942.50 10112012 0.00 53.55250 55.552.50 40,287.50 15,266.00 12/152012 0.00 9,275.00 9,275.00 0.00 9,275.00 4112013 230,000,00 55,552.50 285,55150 355,287.50 395,575.00 (69,735.00) 6/152013 t00.000.00 9,275.00 109.275.00 459,655.00 0.00 109,275.00 64.080.00 10/12013 0.00 50,37750 50,377.50 36,743.75 13,833,75 12/152013 0,00 7.025.00 7,025.00 0.00 7,025.00 4/12014 230.000.00 50.377.50 280.377.50 356,743.75 393,487.50 (76.36625) 6/152014 100,000.00 7,025.00 107,025.00 444,805.00 0.00 107,025.00 51,317.50 10112014 0.00 45,058.75 45,058.75 31.743.75 12,316100 12/152014 0.00 4,725.00 4,725.00 0.00 4,725,00 4112015 230,000.00 45,058,75 275,061175 382,743.75 395,487.50 (87,685.00) 6A52015 100,000.00 4,725.00 104.725.00 429.56750 0.00 104.725.00 34.080.00 10112015 0.00 39,596,25 39,59625 28,818.75 10,977,50 121152015 0.00 2,375.00 2,375.00 0.00 2,375.00 4112016 230,000.00 39.596.25 269,596.25 368,618.75 397,237.50 (98,02250) 6/152016 100,000.00 2.375.00 102,375.00 413,94250 0.00 102,375,00 16,705.00 10112016 0.00 34,133.75 34,133.75 23,518.75 10.615.00 12/152016 0.00 0100 0.00 0.00 0.00 4/12017 230,000.00 34,133.75 284,133.75 263,518.75 267,037.50 615.00 61152017 0.00 0.00 0.00 298,267.60 0.00 0.00 11,230.00 10/12017 0.00 28,383,75 28,383.75 20,518.75 7,865.00 121152017 0.00 0.00 0.00 0.00 0.00 4!12018 230,000.00 28,383.75 258,383.75 6/152018 0.00 0.00 0.00 288,767.50 286,51700 5 286.037.50 n•1 0.00 730.00 10/12018 0,00 22,633.75 22,633.75 16,843.75 5,79DM 12/152018 0.00 0.00 0.00 0.00 0.00 4112019 230,000.00 22,633.76 252,633.75 271,843.75 288,687.50 (19,210.00) 8/}52019 0.00 0100 0.00 175,267.50 0.00 0.00 (13,420.00) 10/1/2019 0.00 16,883.75 16,88375 13,018.75 3,885.00 12/152019 0.00 0.00 0.00 0.00 0.00 4112000 230,000.00 16,883.75 246,883.75 273.018,75 286,037.50 (26,135.00) 8/762020 0100 0,00 0.00 263,76750 0.00 0100 (22,270.00) 10/12020 0.00 11,018.75 11,01&75 9,118,75 1,900.00 1211520120 0.00 0100 0.00 0.00 0.00 4/12021 215,000.00 11,018.75 226,018.75 279,118.75 288237.50 (53,100.00) 611520121 0.00 0.00 0.00 237,037.50 0.00 0.00 (51,200.00) 10/12021 0.00 5,509.38 5,509.38 4,900.00 609,37 12115120121 0.00 0.00 0.00 0.00 0.00 41120122 215,000.00 5.509.38 120,509.38 284,900.00 289,600.00 (64,390.63) 6/152022 0.00 0.00 226,016.75 (63,761.25) 3,630,000,00 1,053,843.75 4,683,843.75 4,683,843.75 189,297,01 Unissued Debt as of 07/01/2009 ArtlSec Purpose Account Number Amount 14/2 Roadway Improvements (Autran Avenue) 3114044.1.4.0410.0000,0.491000.0000.0000.00.00 Bond Proceeds 235,000 14/3 Sidewalk Construction 3114045.1.4.0410.0000.0.491000.0000.0000.00.00 Bond Proceeds 72,200 19 Police Station 3093317.1.2.0210.0000.0.491000.0000.0000.00.00 Bond Proceeds 3,563,000 22/1A Modular Classrooms for Towns Community Program 3083368.1.0.0000.0000.0.491000.0000.0000.00.00 Bond Proceeds 301,022 4,171,222 14/17 East Side Trunk Sewer 6076232.1.0.0440.0000.0.491000.0000.0000,00.00 Bond Proceeds 250,000 250,000 14/15 Mater Main Rehab 6066343.1.0.0450.0000.0.491000.0000.0000.00.00 Bond Proceeds 250,000 14/16 Foxwood Booster Pump 6066344.1.0.0450.0000.0.491000.0000.0000.00.00 Bond Proceeds 175,000 22/1 Bear Hill Booster Pump Station 6066345.1.0.0450.0000.0.491000.0000.0000.00.00 Bond Proceeds 1,250,000 22/2 Rosemont Booster pump 6066346.1.0.0450.0000.0.491000.0000.0000.00.00 Bond Proceeds 350,000 2,025,000 Total 6,446,222 12/4/2009,9:45 AM,Authorized Unissued schedule for Dec borrowing.xls Presentation to North Andover Board of Selectmen - Credit Rating 6LW'- N 3 UnlBank Fiscal Advisory Services , Inc . The Issue ❑ The Town of North Andover retained its AA rating from Standard & Poor's in November 2009 , but was placed on negative outlook ■ "" Deteriorated Financial Position " ■ Means that without improvement, the rating will be downgraded Specifics ❑ Facts ■ Town used reserves to offset decreased state aid and local receipts ■ FY09 fund balance decline worse than expected ❑ Expectations ■ Continued downward pressures on revenues related to economy ■ Collective bargaining unsettled through 2011 ■ Tax levy growth constrained under Proposition 21h . Reserve Levels El Standard & Po Cs view of reserves ■ "Adequate" but below average for AA rated municipalities ■ Decreasing ■ Between 1 and 4 percent in FY08 and after Acknowledged Credit Strengths ❑ Location and access to major employment centers ❑ Very strong income levels ❑ Very strong tax base ❑ Low debt burden How to move forward ❑ Budgetary Practices - Increase Conservatism ■ Revenue estimation ■ Appropriation levels ❑ Reserve Levels ■ Avoid using for ongoing expenditures ■ Replenish when possible - $ in fiscal 2010 How to move forward ❑ Support for budgetary and reserve practices and policies at all levels ■ Management ■ Boards ■ Town Meeting El Movement toward reserves totaling 5 to 10 percent of expenditures will represent significant progress Massachusetts Department of Revenue Division of Local Services A ' Navjeet K Bal, Commissioner Robert G.Nunes,Deputy Commissioner&Director of Municipal Affairs February 17, 2010 Mark H. Rees, Town Manager Town of North Andover 120 Main Street North Andover, MA. 01845 Dear Mr. Rees: I want to take this opportunity to congratulate you and the Town of North Andover for successfully having your FYI tax rate approved by this office on December 15, 2009. As a result of this approval, I want to bring to your attention certain matters that relate to the FYI I tax rate approval process. As you know, we agreed to a Memorandum of Agreement, dated in late November 2009 wherein it was agreed that North Andover's Selectmen and School Committee would reserve funds in the aggregate amount of$366,000 that would not be expended during FYI 0. This was done in an effort to balance your budget. I further wish to comment that your free cash approval for the close of FY09 indicated deficits in the general fund, water enterprise, and Stevens Estate enterprise funds. These deficits, coupled with prior year free cash deficits, should raise concerns for North Andover officials. I would recommend that your community consider a conservative approach with both revenues and expenditures for your FYI I budget process in an effort to avoid fiscal problems. Further, I will require that the balance sheet be submitted, and free cash certified prior to approving your FYI 1 tax rate. You have indicated that the town should be able to submit the balance sheet on or before mid October, 2010. This would allow North Andover sufficient time to make budget adjustments, if necessary. In closing, if you have any questions, feel free to contact me or your field representative Maura O'Neil. Sincerely, Gerard D. Perry Director of Accounts Massachusetts Department of Revenue f PUBLIC HEARING PROCEDURES FOR ALLEGED LIQUOR LICENSE VIOLATIONS I - Only Board members,Town Counsel,and the license holder(or his counsel)should be allowed to ask questions. No questions or comments from theublze should'be allowed. Chair announces that hearing is opened. - Chair reads the notice sent to license holder. - Chair recognizes investigating officer. Town Clerk gives oath. - Chair recognizes other witnesses for Town and Clerk gives oath. Town Clerk gives oath to anyone testifying thereafter. Board may ask questions of witnesses. License holder(if present)is asked by Chair if he received the notice to appear at the hearing, License holder(if present)is asked by Chair if he will stipulate to facts as presented by the witnesses. - If he agrees,then Chair may allow a statement made by license holder and Chair announces the hearing is closed, (After the hearing is closed,you may not take anymore testimony unless you vote to re-open the hearing.) If he does not stipulate to facts,the license holder may present witnesses and cross-examine Town's witnesses. (Alternatively,the Chair may allow cross examination of Town's witnesses at the time of their direct testimony.) - The Board may ask questions of the license holder's witnesses. After all testimony has been taken and questions for the Board answered, the Chair announces that hearing is closed. (After the hearing is closed,you may not take anymore testimony unless you vote to re-open the hearing.) A motion should be made that a violation of the license did(or did not)occur. The motion should indicate the nature and the dates(s)of the violation. - After discussion by Board,a vote is taken. - If the motion that a violation occurred carries,then a motion regarding sanctions should follow. - Chair announces that matter is completed. License holder is notified in writing of findings. VIOLATIONS DATE NAPD/ BEIJING RESTAURANT TIME ABCC RESULTS 2/6/2010 Sold alcohol to person intoxicated 1:06 a.m. NAPD 12/11/2009 OUI Last Drink Information from Attorney General's Office AG Person convicted of Driving Under Influence 8/13/2009 Sold alcohol to person intoxicated 12:38 a.m. NAPD 7/16/2009 OUI -Driving on Sutton St. 2 Flat Tires- Last drink at Beijing 1/10 a.m. NAPD 7/16/2009 OUI - Parked in Fire Lane @ Police Station - Last drink at Beijing 1:27 a.m. NAPD 12/18/2008 Possession of alcohol by person under 21 (3 counts) 12:a.m. ABCC Total of 11 days-3 Day in abeyance 8 Day suspension 5/20/09-5/27/09 Paid $3,220.96 to ABCC for the 8 Day Suspension 9/30/2007 ASSAULT& BATTERY 12:16 A.M. NAPD 3 DAY SUSPENSION -Appealed & Denied May 8, 2009, May 9, 2009, May 10, 2009 1/18/2007 SALE TO MINORS 10:03 PM NAPD LETTER OF REPRIMAND 12/15/2006 SALE TO MINORS 12:00 AM LETTER OF REPRIMAND 12/15/2006 ASSAULT& BATTERY 12:00 AM LETTER OF REPRIMAND 12/29/2005 SALE TO MINORS 11:50 PM ABCC 3 DAY SUSPENSION SUSPENDED (2 YEARS) 12/13/1998 SALE AFTER HOURS 3:35 AM NAPD LETTER OF REPRIMAND 4/23/1991 SALE AFTER HOURS 1 DAY SUSPENSION 4/2/1991 SALE AFTER HOURS 1:40 AM 1 DAY SUSPENSION 4/2/1991 GAMBLING 1:40 AM 1 DAY SUSPENSION 2/25/1991 SALE AFTER HOURS 3:00 AM STERN LETTER OF REPRIMAND 2/25/1991 GAMBLING 3:00 AM STERN LETTER OF REPRIMAND 5/7/1989 SALE TO MINORS NO EVIDENCE- FALSE ID 7/13/1988 UNDERAGE IN BAR 11:35 PM LETTER FOR LACK OF CONTROL 6/24/1988 SALE TO MINORS LACK OF EVIDENCE 8/12/1987 SALE TO MINORS 10:58 PM LETTER OF REPRIMAND Transferred License from Beijing Restaurant Inc. to Millennium Eatery, Inc. on February 23, 2006 Manager: Wen Jing Huang Board of Directors: Wen Jing Huang 12/28/2000 Wen became citizen TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH !. a°6^`,,``° °��o TEL. (978)688-9510 ur Tracy M. Watson, Chanrun FAX(978)688-9556 William R. Gordon a Daniel P. Lanen Richard A. Nardella ' Rosemary Connelly Smedile .3 9, 2010 Wen Jing Huang, Manager of Record Mr. Victor Ng, Manager of Operations Millennium Eatery, Inc Beijing Restaurant 1250 Osgood Street North Andover, MA 01845 RE: Possible Violations Dear Ms. Huang and Mr.Ng, The North Andover Licensing Commissioners hereby notifies you, and requests that you be present, at a public hearing to be held on February 22, 2010, beginning at 7:30 p.m. The hearing will be conducted at Town Hall, Selectmen's Meeting Room, 2"d Floor, 120 Main Street,North Andover, MA and pertains to alleged violations of your Restaurant All-Alcoholic Liquor License issued under Section 12 of Massachusetts General Laws Chapter 138 to Millennium Eatery Inc., Wen Jing Huang, Manager. These violations relate to the following alleged incidents, which occurred at your establishment on July 16, 2009, August 13, 2009 and February 6, 2010. The following is a brief description of the matters at issue: 1. On July 16, 2009 two individuals in separate incidents were arrested for"Operating under the Influence of Intoxicating Liquor. There is probable cause that these two individuals were served alcohol on your premises while intoxicated prior to driving their vehicles. (See Attachment A). The conduct would be in violation of the following: M.G.L. Chapter 138, § 69—"No alcoholic beverages shall be sold or delivered on any premises licensed under this chapter to an intoxicated person." 2. On August 13, 2009, an individual was taken into protective custody, by the police for being under the influence of alcohol. There is probable cause to believe that this person was served alcohol on the premises while intoxicated. (See Attachment B.)The conduct would be in violation to the following: Millennium Eatery d/b/a Beijing Restaurant February 9,2010 2 M.G.L. Chapter 138, § 69—"No alcoholic beverages shall be sold or delivered on any premises licensed under this chapter to an intoxicated person." 3. On February 6, 2010, an individual was taken into protective custody, by the police for being under the influence of alcohol. There is probable cause to believe that his person was served alcohol on the premises while intoxicated. (See Attachment C.)The conduct would be in violation to the following: M.G.L. Chapter 138, § 69—"No alcoholic beverages shall be sold or delivered on any premises licensed under this chapter to an intoxicated person." At these hearings 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. ;On Beh f of the North Andover Licensing Commissioners Mark H. Rees, Toy n Manager Cc: North Andover Licensing Commissioners Janet Eaton, Licensing Commissioners Clerk Richard Stanley, Police Chief File TOWN OF FORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Q OORTH Telephone (978) 688-9510 Mark H. Rees Town 111anagcr o FAX (978) 688-9556 �H�i10 �SSACHUS,- February 1, 2010 Ms. Wen Jing Huang, Manager of Record Mr. Victor Ng, Manager of Operations Millennium Eatery, Inc, d/b/a Beijing Restaurant 1250 Osgood Street North Andover, MA Dear Ms. Huang and Mr. Ng, This letter is being written to inform you of the corrective action Millennium Eatery, Inc. must take in order to maintain its Liquor License in the Town of North Andover: Manager on Premises: The Town's Alcoholic Beverages Regulations (copy of which is attached) require in part: "No corporation shall be approved for a license unless the corporation...has appointed a Manager...who has been vested Nvith full authority and control of the premises and the business to be licensed. A corporation may appoint up to two Alternate Managers to be in charge in the absence of the Manager, however, the Manager must be on the premises at least fifty (50)percent of the time the premises are open. At no time shall the premises be open without a dully appointed and approved Manager or Alternate Manager in charge....No appointment of a Manager or Alternate Manager shall be effective unless and until approved by the Board" and by the ABCC. From police reports and your own comments at the Selectmen's meeting held on January 25, 2010 it is clear that Millennium Eatery is not in compliance with this regulation. To address this non-compliance you are directed to; • Submit to the Commissioners the names and qualifications of the "Alternate Manager(s)" by February 12, 2010. Qualifications would include current address, copy of TIPS certification and description of work experience that would demonstrate ability to manage a liquor license establishment. • Beginning on Monday, February 15, 2010 and every Monday there after until otherwise instructed, submit to the Police Department a schedule showing the hours the establishment will be open for the following Tuesday through Monday, and which Manager or Alternate Manager will be on duty during those operations. Please note that the schedule must show that the Manager, Ms. Wen Jing Huang, is on duty a minimum of 50% of the time that the establishment is open to the public. Beijing Restaurant February 1, 2010 2 Security Plan: The approved Security Plan of the Millennium Restaurant consists of the recommendations contained in a letter dated November 16, 2007 from Richard P. Rudnicki, Investigative Services and comments on that plan from the North Andover Police Department dated November 28, 2007, copies of which are attached. Based on site visits by the North Andover Police Department, Millennium Restaurant was not incompliance with the Security Plan in the following manner: There was no video camera that records activity in the Parking lot. There was no evidence to indicate that the camera images were being recorded and stored to be available for review by the Police Department when requested, To address these non-compliance matters you are directed to: I • Install a video camera or cameras that records activity in the entire parking lot by March 1, 2010. • Submit by February 12, 2010 a written policy, procedure and log that requires the video recording system to provide a copy of the camera images for a minimum of thirty days and allow the North Andover Police Department to verify that the recordings are being stored and available for review. Employee Training: The Licensing Coin mission's regulation requires in part that "Any Licensee.... shall participate in a program designed to train employees...in methods of observation and detection to avoid selling or serving to intoxicated persons and/or minors...." The Commission has no record that your establishment has complied with this provision. To rectify this non-compliance you are directed to: ® By March 1, 2010 days submit to Commission certifications that all current employees who serve alcohol have been trained in accordance with Town policy. It is the licensee's responsibility to be knowledgeable of all local and state laws, regulations and policies governing the sale of alcoholic beverages. While this letter lists three areas of violation, you are required to ensure compliance with all laws, regulations and policies, Failure to correct the deficiencies noted in this letter or violation of any other law, regulation or policy may result in the suspension or revocation of your license. Should you have any questions regarding this letter, please contact me immediately. On alf of the North Andover Licensing Commission, V —Mar H. Rees Town Manager Cc: North Andover Licensing Commission Janet Eaton, Licensing Commission Clerk �1 i LA,7, 9-:1. LLalni CkL INVESTIGATIVE SERVICES TWO 20 Lloyd Road, Wilmington, MA 01887 Tel. (878) 657-7275 2017 NOV :10 x n Mass State Police/Retired Lie Detector Exams Criminal & Civil investigations 'LI-censed----Bonded November 16, 2007 TO: ATTORNEY ALBERT P ANZI III, ESQUIRE 24 Main Street North Andover, MA 01845 RE: SECURITY PLAN RECO1, iENDATIONS Millennium Eatery Inc. d/b/a/ the New Beijing Restaurant 1250 Osgood Street North Andover, KA 01845 Dear Attorney Manzi, Per you and your client 's request and based on my education, training and experience, the following security recommendations may compliment and/or improve existing security as determined and implemented by the New Beijing Restaurant by and through it 's management. The following you may want to consider: I ) Ensure proper ID checking and if possible use an electronic ID Check system; 2) Use a Closed Circuit Surveilance system; 3) 'Maintain all emergency egresses and make sure they are lighted to Code; 4) Properly staff special events; if possible, hire a police detail as needed; 5) In the event of an emergency, call 911 and or the local police; 6) Have the police and or staff security attempt to remove disorderly persons from the premises ; %) Install a Security Alarm; 8) Re-evaluate and modify the security needs of the restaurant as needed; Please do not hesitate to contact my office if I can be of additional service. Res Ze ct ally, _.ichard P. Rudn cki Private Investigator rz POLICE D E P A R T M E N T 'Colni l-ilmitu Po)h;erslnjl The uttirc of - li�rha�d Al I,irJe, CHIEF OF POLICE TO: Chief Richard M. Stanley FROM: Lieut. Paul Gallagher RE: Liquor Establishment Security Plans DATE: November 28, 2007 I I have reviewed the security plans of the Beijing Restaurant and Main Street Liquors that were forwarded to the police department from the Licensing Commissioners. I will address each plan as follows: Beijing Restaurant-The presented plan contains many of procedures currently used by the restaurant. We would suggest the continued use of the electronic identification machine (maintaining with software updates) and an operational closed circuit video system for the foyer, bar area and parking lot (exterior). Recently there has been disturbances that began within the establishment and culminated in the parking lot thus the reason for the outside video. The system should be available to the police department if warranted. Security personnel should be in the foyer area and trained in signs of alcohol detection and proper identification. Bartenders should also be monitored by management for overserving or putting too much alcohol in a mixed beverage. The police department will continue to have liquor checks and the establishments should be encouraged to call for possible unruly patrons before a disorder occurs. A letter of trespass should be issued to any patron that causes a disturbance with a copy to the police department. We currently have a form letter (attached) that other license holders utilize. North Andover Police have conducted compliance checks recently and should be continued periodically. This has formed a better relationship with the businesses of the Licensing Commissioners expectations. 566 AQAI\ STREET, NORTH AINDOVER, MASSACHUSETTS 01845-4099 Telephone 978-683-3768 • Fax.978-685-0249 2010 02/11 15:37 FAX 617 727 4527 OPERATIONAL SERVICES tA001/001 F F 'E B I I PI 1 2: S S February 11,2010 Town of North Andover Office of Licensing Commission 120 Main Street North Andover,MA Dear Chairman Nardella, Thank you for granting the New Beijing Restaurant time to comply with your recommendations given at the Town meeting held on January 25,2010. We.take your guidance very seriously and the following actions have been made to rectify your requests: 1) Security Cameras in the parking lot—new cameras have been purchased and electricians will begin installation on Tuesday,February 16,2010. 2) Managers on Duty—the managers are listed as follows a. Shao Fen Lee(Winne)—Mon-Tues 12pm-9pm,Wed-Sat 11:30am-8pm(52 hrs) b. Hao Thai—Thurs-Sun 4pm-1prn(36 hrs) c, Victor Ng—Thurs-Sat 4pm-lpm(27 hrs) d. .Wen Jin Huang—Wed-Sat 4pm-lpm(36 hrs) 3) TIPS Certification for all staff who handles alcohol, security,and management— Currently, we are scheduling a time to hold a group training on the premises by the end of the month. Both Victor Ng and Hao,Thai have completed the certification as of today. I hope you will reconsider your thoughts of taking away the liquor license at the New Beijing Restaurant. We have read the Town of North Andover's ABCC guidelines and will make every attempt to follo the rules going forward. I can be reached on my mobile phone at(617)429- 9214 a"e 0 me attempt'o'o" k u bly yours Vi r Ng Man peratioms 1250 Osgood Street, Rt. 125, North Andover,Massachusetts 01845 TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01 845 f NoR7{{q °t�,``° ; % TEL. (978)688-9510 Tracy M. Watson, Chairman 3? 6 a °c William R. Gordon ° ; FAX(978)688-9556 Daniel P. Lanen * 1 a # Richard A.Nardella Rosemary Connelly Smedile SSACHUSE` I, Wen Jing Huang, Manager, Millennium Eatery, Inc. d/b/a Beijing Restaurant, 1250 Osgood Street, North Andover, Massachusetts, hereby acknowledge that I have received the Notice of Public Hearings, from the North Andover Licensing Commission. Said hearings to be held on February 22, 2010 at 7:30 p.m. Ddte Received Wen Jing Huang Witness` Page 1 of 2 Rees, Mark From: Rees, Mark Sent: Sunday, February 14, 2010 11:53 AM To: Tracy Watson (SelectmanTracyWatson @verizon.net); 'tmwatson @woodridgehomes.org'; Rosemarysmedile @aol.com; Lanen, Daniel; ricknardella @comcast.net; Gordon, William Cc: 'Richard M. Stanley' Subject: FW: Beijing Restaurant Incident 2010-2512 FYI Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees(a)_townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: Richard M. Stanley (mailto:rstanley @napd.us] Sent: Friday, February 12, 2010 12:44 PM To: Rees, Mark Cc: Paul J. Gallagher Subject: FW: Beijing Restaurant Incident 2010-2512 Mark, I'm sorry to say that I have some new information regarding the BeiJing which needs to be corrected from earlier statements made by NAPD personnel. Please see information below by Lt Paul Gallagher correcting an earlier letter. The report as written is in fact correct, only the letter sent to you needs to be corrected. Sorry for the error but the facts still remain the same other than that one statement in Lt Gallagher's letter. Please pass this information along to the Licensing Commissioners. Thank you, Chief Richard M Stanley North Andover Police Department From: Paul J. Gallagher Sent: Friday, February 12, 2010 12:03 PM To: Richard M. Stanley Subject: Beijing Restaurant Incident 2010-2512 Chief, In my letter dated February 8, 2010,regarding the Beijing Restaurant, I originally received information attributing a statement by Mr.Victor Ng,the General Manager. The statement of the Beijing serving of three drinks. Mr. Ng did not say that. The person that was placed in protective custody made that remark of the number of drinks he was given that evening. The report reflects Mr. Ng did state that the subject was a little intoxicated upon arrival. Mr. Ng contends that he does not believe any alcoholic beverages were served to this man. I requested from Mr. Ng a copy of the video or if I may view the video of that night to show this. He researched and said unfortunately he did not have it for that evening. 2/14/2010 Page 2 of 2 Mr. Ng did say he is working on the security plan and training of his personnel. He also said the as of today the restaurant has a company upgrading the video security system per the Licensing Commissioners request. Lieut. Paul J. Gallagher Detective Lieut. Paul J. Gallagher Criminal Investigations/School Safety Division North Andover Police Department 566 Main Street North Andover, MA 01845 Tel# 978-683-3168 X 29 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document I 2/14/2010 Page 1 of 1 Rees, Mark From: Richard M. Stanley [rstanley @napd.us] Sent: Thursday, February 11, 2010 2:04 PM To: Rees, Mark Cc: tmwatson @woodridgehomes.org; Rick Nardella Subject; RE: Hearing on Bejing Mark, Please be advised that I am sending the primary officers for all cases listed below; Incident July 16, 2009 Officer Jason Wedge Incident August 13, 2009 Officer William Brush Incident February 06, 2009 Officer Eric Sewade Any questions please call. Chief Richard M Stanley North Andover Police Department From: Mark Rees Sent: Wednesday, February 10, 2010 9:59 AM To: Richard M. Stanley Cc: tmwatson @woodridgehomes.org; Rick Nardella Subject: Hearing on Bejing Hi Chief, The Selectmen have scheduled a liquor license violation hearing for Feb 22, 2010 beginning at 7:30 for incidents that occurred on July 16, 2009, August 13, 2009 and Feb 6, 2010. Please have at least one of the officers who were involved in each incident to be present at this hearing to provide testimony and evidence as necessary. Please let me know who the officers who will attending. Thanks, Mark Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees(D-townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 2/11/2010 POLICE D E P A R T M E N T "Comp comity PaOnership" TO: Chief Richard Stanley FROM: Lieut. Paul Gallagher RE: Millennium Eatery D.B.A. Beijing Restaurant Incidents DATE: July 16, 2009 On July 16, 2009 at 1:10am and 1:27am the North Andover Police Department arrested two individuals for "Operating Under The Influence Of Intoxicating Liquor". These were separate incidents. Both operators had been drinking at the Beijing Restaurant prior to their respective arrests according to the investigation by the officers. The Beijing Restaurant 1250 Osgood Street has an all beverage license ABCC# 0826009 from the Town of North Andover. Per our protocol with the North Andover Licensing Commissioners, and acting on their behalf as licensing agents, I am reporting the following incidents; At 1:10am Officer Jason Wedge was at a traffic accident when he observed a vehicle being operated on Sutton Street with two flat tires. He stopped the car and after his observations and sobriety testing arrested the operator. The operator made the following comment "You guys are totally right I shouldn't be driving. I actually had more than I should have, 3 scotch and waters. I normally wouldn't be driving in this condition coming from the Beijing. I wouldn't consider driving any„further than Methuen". NAPD Incident 4 2009-14259 At 1:27am Officer William Brush was called back to the police station for a car idling in the fire lane of the police parking lot. Officer Brush inquired of the operator if he was feeling alright. The operator reported he was "all set". The officer could smell intoxicating liquor and believed the operator had been drinking. After the officer's observations and testing fie arrested the operator. Due to the same time period of the two arrests the two operators saw each other in the booking area. The first operator stated the second operator was at the Beijing Restaurant too and had bought drinks for the first operator. The first arrestee also stated that they were worried about the second arrestee driving and tried to get him a ride home. The two officers and their supervisor, Sgt. (Michael Davis will make them available if the Commissioners request. 566 MAIN STREET, NORTH ANDOVER, MASSACHUSETTS 01845-4099 Telephone:978-683-3168 - Fax:978-681-)172 POLICE ®®® ® ®®= D E P A R T M E N T "Community Partnership" TO: Chief Richard Stanley FROM: Lieut. Paul Gallagher RE: Millennium Eatery D.B.A. Beijing Restaurant Incidents DATE: July 16, 2009 On July 16, 2009 at 1:10am and 1:27am the North Andover Police Department arrested two individuals for "Operating Under The Influence Of Intoxicating Liquor". These were separate incidents. Both operators had been drinking at the Beijing Restaurant prior to their respective arrests according to the investigation by the officers. The Beijing Restaurant 1250 Osgood Street has an all beverage license ABCCP 0826009 from the Town of North Andover. Per our protocol with the North Andover Licensing Commissioners, and acting on their behalf as licensing agents, I am reporting the following incidents; At 1:10am Officer Jason Wedge was at a traffic accident when he observed a vehicle being operated on Sutton Street with two flat tires. He stopped the car and after his observations and sobriety testing arrested the operator. The operator made the following comment "You guys are totally right I shouldn't be driving. I actually had more than I should have, 3 scotch and waters. I normally wouldn't be driving in this condition coming from the Beijing. I wouldn't consider driving any further than Methuen". NAPD Incident 4 2009-14259 At 1:27am Officer William Brush was called back to the police station for a car idling in the fire lane of the police parking lot. Officer Brush inquired of the operator if he was feeling alright. The operator reported he was "all set". The officer could smell intoxicating liquor and believed the operator had been drinking. After the officer's observations and testing he arrested the operator. Due to the same time period of the two arrests the two operators saw each other in the booking area. The first operator stated the second operator was at the Beijing Restaurant too and had bought drinks for the first operator. The first arrestee also stated that they were worried about the second arrestee driving and tried to get him a ride home. The two officers and their supervisor, Sgt. Michael Davis will make them available if the Commissioners request. 366 MAIN STREET, NORTH A\DOVER, MASSACHUSETTS 01845-4099 Te)ephone:978-683-3168 - Faa:978-681-1172 ao® ividin street File NO: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000015076 (978) 6833168 Print Date: December 14, 2009 Incident Report Printed By: pgallagh Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 07/16/2009 1:10:OOAM Thurs 07/16/2009 1:10:OOAM 7/16/2009 1:10:51 AM Reported As Incident Type-Primary Arresting Officer 52YK60/MA Driving Under the Influence Patrolman Jason Wedge Incident Address Reporting Officer 90 Sutton Street, North Andover, MA 01845 Patrolman Jason Wedge Sector Slat. Area Sub Slat. Area Census Tract Landmark Business Name Incident Types-Other N/A Associated Persons Summary Type Name(Last, First,MI) Date of Birth I Sex Home Phone#1 Cell Phone# Work Phone# DefenDefendant F i� ( �i 111 II N/A dant ------------ -------- -- -- - - ---------- - ------- -- - -- - -- - -- - Address: Involved Officers Officer Title Officer Name Officer Type Division Patrolman Katherine A Knab Responding Officer Patrol Officers Patrolman Jason K Wedge Arresting Officer Patrol Officers Patrolman Jason K Wedge Reporting Officer Patrol Officers Patrolman Jason K Wedge Responding Officer Patrol Officers Pdo Involved Officers Data Available for Incident#: 2009000014259 Arrest Offenses *' Seq# Chapter Section Name(Last, First, MI) Description of Offense 1 90 24 OUI Liquor(40) 2 90 7 Equipment Violation, Miscellaneous MV (108) Vehicle Info -q I Vehicle No. Vehicle Mak Vehicle Model Vehicle Year VIN Primary Color Secondary Color Plate No. State rv� Idwowl Citations Citation No Code Date Status Statute Description M7937315 Arrest 07/16/2009 01:10 Closed 90/24/J OUI Liquor(40) M7937315 Arrest 07/16/2009 01:10 Closed 90/7/D Equipment Violation, Miscellaneous MV(108) Incident Number:2009000014259 Page 1 of 3 PlFormSingle 09/22/09 North Andover, Ma. 01845®4099 Dispatch Incident Number: 2009000015076 (978) 6833168 Print Date: December 14, 2009 Incident Report Printed By: pgallagh Narratives for Incident Number 2009000014259 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman Jason Wedge Division: Patrol Officers Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 07/16/2009 02:40 Patrolman Jason wedge Open 07/16/2009 On 7/16/2009 at 1:10 A.M. while directing traffic for a accident at 90 Sutton St in full uniform I observed MA 52YK60 approaching me with 2 flat tires on the drivers side of the vehicle. I stopped the vehicle and spoke with the operator later identified a I asked Miss NIMI@&he knew that she had 2 flat tires. MissfNjWtated that she didn't, but she did spin out and went off the road further up Sutton St near McEvoy field. I then observed a strong odor of an alcoholic beverage coming from her person, glassy bloodshot eyes and slurred speech. I asked Mis how much she had to drink and she stated 3 scotch and waters. Officer Knab arrived on scene, I asked Mis to step from her vehicle so I can perform a field test to determine if she would be able to operate a ve Icle safely. Mis stated.."you guys are probly totally right I shouldn't be driving." "I actually had more than I should have 3 scotch and waters, I normally wouldn't be driving in this condition coming from the Beijing." "I wouldn't consider driving any further than Methuen. Missillij1W. tepped from her vehicle and was unsteady on her feet. I asked her to step to the rear of her vehicle which she did. At the time of the test Mis as wearing high heels which she agreed to take off. She was also wearing a black tank top with a skirt. The area is well lit, flat surface and free from debris with a clearly visible solid white line. I asked Misslb§M if she had any medical condition that we should know about. Miss1W stated that she has a equilibrium problem, but it will not prevent her from taking the test. Test 1 Alphabet: I demonstrated the test for Miss , I then asked Miso recite the alphabet which she did correctly however she had a strong odor of an alcoholic beverage coming from her person, glassy bloodshot eyes and slwred speech. Test 2 One leg stand: I demonstrated the test for Mis ;then asked Mis *!to begin the test, MissA4111MVput her arms out about 12 inches away from her body raised her left leg about 3 inches off the ground Miss started to hop several times then lost her balance almost falling over. I asked Miss if she would like to take the test again she stated No I can't keep my balance. Test 3 walk and turn: I instructed MissINNEW,6 put her right foot in front of her left foot touchin heel to toe. Mis ,'put her left foot in front of her right foot lost her balance almost falling over. Miss then started the test on her own with out my instructions. Miss )was placing her right foot in front of her left foot with out touching heel to toe and with her arms 12 inches away from her body. I told MissAW that she was not supposed to start the test until I told her to, however she continued the test. Miss 4119M was not counting out loud and had fallen off the line on her 3rd step with about 4 inches between her heel to toe. Miss then stopped and stated I don't have any balance right now. Test 4 Horizontal gaze nystagmus: "` ihas a lack of smooth pursuit in both the left and right eyes and a distinct nystagmus at max deviation. this test was performed twice to each eye. After my observation I formed an opinion through my training and ex erience that Mis was operating a motor vehicle while under the influence of alcohol. I informed Mis 'that she was being placed under arrest for 90/24 OUI liquor and 90/7 defective equipment. Trombly's towing was notified and towed the vehicle. Officer Knab took an inventory of the vehicle. Mis was placed into handcuffs and double locked for her safety. Miss was placed into the back of cruiser 302 and transported back to the station where she was booked read/given all applicable rights by Sgt Davis. Mis 9awas also read her breathalyzer test Incident Number:2009000014259 Page 2 of 3 PlFormSingle 09/22/09 North Andover, Ma. 01645-4099 Dispatch Incident Number: 2009000015076 (976) 683-3166 Print Date: December 14, 2009 Incident r Printed By: pgallagh Narrative by: Patrolman Jason Wedge Division: Patrol Officers (continued) Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 07/16/2009 02:40 Patrolman Jason Wedge Open 07/16/2009 rights which she agreed to take. Mis ook the alcotest 7110 MKIII-c test number 00536 test results are as follows 0.14% 0.15% 0.13%. Mis ;was issued citation number M7937315. Sutton St is a public way defined by MGL chapter 90. Signature - Reporting Officer y�cs= -?q Signature- Reviefing Officer Incident Dispatcher Remarks: Create user ID: system e Date&Time 07/16/2009 01:53:13 ' 2009/07/16 01:18 Mates, Cynthia 544: HOOK REQUESTED TROMBLY'S NOTIFIED/ENROUTE 2009/07/16 01:26 Mates. Cynthia 544: OFFICER WEDGE REPORTS ONE _ UNDER ARREST FOR OUI LIQUOR. SM 33991 2009/07/16 0 ?2P .Matos, Cynthia 544: OFFICER WEDGE AT THE STATION EM 33992 a' 4 a 4Q S4i' Incident Number:2009000014259 Page 3 of 3 PlFormSingle 09/22/09 vvv IwI--I I J61 GGS r'lie No: N/A '.'.. North Andover, Ma. 01645-4099 Dispatch Incident Number: 2009000015077 (976) 663-3166 Print Date: December 14, 2009 Incident Report Printed By: pgallagh Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 07/16/2009 1:27:OOAM ti Thurs 07/16/2009 1:27:OOAM 7/16/2009 1.27:38AM Reported As Incident Typev-Primary Arresting Officer Suspicious Activity/MV Driving Under the Influence Patrolman William Brush Incident Address Reporting Officer 566 Main Street, North Andover, MA 01845 Patrolman William Brush Sector Stat. Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other NORTH ANDOVER POLICE DEPT. Suspicious Activity I Associated Persons Summary Type Name(Last, First, MI) Date of Birth Sex HomePhone#j Cell Phone# Work Phone# Defendant 7/27/1965 M (978)686-1749 (978)807-2567 N/A -- - -- - ----- - --- -- - - - -- - -- ------- - ---------- - - - -- - --- - - - -- - - - -- - Address: i ssociated Businesses Summary Type Name Primary Phone# Secondary Phone# Owner N/A N/A j - - - --- - -- - ---- -- - -- - Address. I Involved Officers t Officer Title Officer Name Officer Type Division Patrolman William H Brush III Reporting Officer Patrol Officers Patrolman William H Brush III Responding Officer Patrol Officers Patrolman Katherine A Knab Responding Officer Patrol Officers No Involved Officers Data Available for Incident#: 2009000014260 Arrest Offens Seq# on Name(Last, First, MI) Description of Offense 1 90 24 OUI Liquor(40) Vehicle Info Vehicle No. Vehicle Mak Vehicle Model Vehicle Year VIN Primary Co lor Secondary Color Plate No. State Now—M : Citations Citation No Code Date Status Statute Description M7936729 Arrest 07/16/2009 01:30 Closed 90/24/) OUI Liquor(40) Incident Number:2009000014260 Page 1 of 4 PIFormSingle 09/22/09 North Andover, Ma. 01845®4099 Dispatch Incident Number: 2009000015077 (978) 683-3168 Print Date: December 14, 2009 Incident C Printed By: pgallagh Narratives for Incident Number 2009000014260 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman William Brush Division: Patrol Officers . Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 07/16/2009 03:22 Patrolman William Brush Open 07/16/2009 ON THE ABOVE DATE AND TIME I WAS DETAILED TO THE FRONT OF THE POLICE STATION BY SGT. DAVIS. HE REPORTED THERE WAS A VEHICLE THAT HAD BEEN PARKED OUT IN FRONT OF THE STATION FOR 10-15 MINUTES AND NOBODY HAD EXITED THE VEHICLE, I ARRIVED AT THE POLICE STATION A COUPLE OF MINUTES AFTER AND OBSERVED A GREY NISSAN MAXIMA PARKED IN THE FIRE LANE. THE VEHICLE WAS BEARING VdQ110WNWW. I PULLED UP RIGHT NEXT TO THE VEHICLE WHICH HAD ONE OCCUPANT IN THE DRIVERS SEAT, LATER IDENTIFIED AS"winw.THE VEHICLE WAS RUNNING AT THE TIME. THE DRIVERS WINDOW WAS DOWN . I ASK�b IF HE WAS ALL SET OR ,I E NEEDED HELP WITH ANYTHING. TURNED TO ME AND SAID HE WAS ALL SET. I OBSER�tD IM-EYES TO BE GLASSY AND HIS SPEECH WAS HEAVILY SLURRED. I COULD ALSO DETECT A N ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE VEHICLE. I THEN PULLED IN BEHIND THE VEHICLE AND EXITED MY CRUISER AND APPROACHED THE DRIVERS DOOR. I ASKED SGT. DAVIS TO STEP OUTSIDE WITH ME AND HE DID. I ASKED _ '`AGAIN IF HE NEEDED THE POLICE,. HE SAID " NO, I'M GOOD." AGAIN HIS SPEECH WAS SLURRED AND THICK TONGUED. THE ODOR OF AN ALCOHOLIC BEVERAGE WAS STILL COMING FROM THE VEHICLE AND WAS MUCH STRONGER. I ASKED /IF HE HAD HAD ANYTHING TO DRINK HE STATED "TOO MUCH." I THEN ASKED HIM FOR HIS LICENSE AND REGISTRATION. HE OPENED HIS WALLET TO RETRIEVE HIS LICENSE AND WAS HAVING A GREAT DEAL OF DIFFICULTY REMOVING HIS LICENSE FROM HIS WALLET. IT TOOK HIM AT LEAST 45 SECONDS TO A MINUTE TO PRODUCE HIS LICENSE. HE NEVER DID PRODUCE A REGISTRATION. I ASKED HIM IF HE WOULD STEP FROM HIS VEHICLE TO PERFORM SOME FIELD SOBRIETY TESTS. HE STATED HE WOULD. AS HE EXITED THE VEHICLEJft HELD ONTO THE VEHICLE TO STEADY HIMSELF. HE WALKED TO THE REAR OF HIS VEHICLE AS HE DID SO HE STUMBLED AND ALMOST TRIPPED. AS HE STOOD AT THE REAR OF HIS CAR FORD WAS SWAYING BACK AND FORTH. I HAD NWWALK TO THE FRONT OF HIS CAR TO PERFORM THE TESTS. AS HE WALKED HE WAS UNSTEADY ON HIS FEET AND HELD ONTO HIS VEHICLE AS HE WALKED FOR BALANCE. AT THE FRONT OF HIS VEHICLE WAS SWAYING BACK AND FORTH, HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE CON FROM HIS PERSON HIS EYES WERE GLASSY AND RED AND WHILE SPEAKING HIS SPEECH WAS VERY SLURRED. I ASKED NW HOW MUCH HE HAD TO DRINK TO WHICH HE REPLIED " TOO MUCH" HE THEN SAID "I'M SORRY, I'M A DOPE." THE AREA THAT THESE TESTS WERE PERFORMED WAS THE FRONT PARKING LOT OF THE POLICE STATION WHICH IS HOT TOP CONSTRUCTION, A FLAT SURFACE, FREE OF DEFECTS AND LIT BY AREA STREET LIGHTS AND BUILDING LIGHTS FROM THE POLICE STATION. ,WAS WEARING DRESS SLACKS, A BUTTON DOWN SHIRT AND LOAFERS. THE WEATHER WAS MOSTLY CLEAR, AND THE TEMP WAS IN THE LOW 60'S. Incident Number: 2009000014260 Page 2 of 4 PIFormSingle 09/22/09 North Andover, pia. 01645-4099 Dispatch Incident Number: 2009000015077 (978) 683-3168 Print Date: December 14, 2009 Incident Report Printed By: pgallagh Narrative by: Patrolman William Brush Division: Patrol Officers(continued) Date &Time Narrative Description Entered by Status Reviewed by Last Edit Date 07/16/2009 03:22 Patrolman William Brush Open 07/16/2009 BEFORE PERFORMING ANY TESTS I ASKED THE FOLLOWING QUESTIONS. IF HE WAS DIABETIC OR HAD ANY OTHER MEDICAL PROBLEMS, IF HE HAD TAKEN ANY PRESCRIBED OR UN PRESCRIBED DRUGS TODAY OR IF THERE WAS ANY OTHER SITUATION I NEEDED TO BE AWARE OF TO WHICH HE REPLIED NO TO ALL. THE FIRST TEST I HADIMOMPERFORM WAS THE ALPHABET. I ASKED MM,HOW FAR HE WENT IN SCHOOL, HE STATED HE HAD GONE TO LAW SCHOOL. I ASKED HIM HE KNEW THE ALPHABET IN ENGLISH, HE STATED HE DID. I ASKED HIM TO STAY THE ALPHABET STARTING AT THE LETTER B AND GOING THROUGH TO LETTER M.110111RDID NOT ATTEMPT THE TEST OR RESPOND IN ANY WAY. HE JUST STARED AT ME. WHILE HE WAS STANDING IN FRONT OF ME41M, CONTINUED TO SWAY BACK AND FORTH. I ASKED HIM IF HE UNDERSTOOD THE INSTRUCTIONS, AGAIN HE DID NOT ANSWER. I ASKED HIM P iE DID NOT UNDERSTAND THE INSTRUCTIONS OR IF HE WAS REFUSING TO PERFORM THE TEST' I ASKED HIM AGAIN TO SAY THE ALPHABET FROM B TO M. AGAIN HE STARED AT ME, I ASKED HIM IF HE COULD SAY THE ENT.IKIALPHABET FROM A TO Z. ATTEMPTED TO SAY THE ALPHABET HE STARTED WITH A, E AUKED THEN SAID B, AND PAUSED AND SLURRED C AND D TOGETHER AND STOPPED. I ASKED HIM IF HE WANTED TO TRY AGAIN, HE DID AGAIN GETTING TO D BEFORE STOPPING. �ti THE NEXT TEST I ATTEMPTED TO PERFORM WAS THE HORIZONTAL GAZE NYSTAGMUS. I ASKED FORD IF HE HAD WORE GLASSES OR CONTACTS TO WHICH HE REPLIED NO. I ASKED IF HE HAD ANY PROBLEMS WITH HIS EYES, HE SAID YES, I ASKED HIM WHAT THEY WERE AD HE DID NOT ANSWER. I ASKED HIM AGAIN WHAT TYPE OF PROBLEM HE HAD WITH HIS EYES. AGAIN HE DID NOT ANSWER THEREFORE I DID NOT ATTEMPT TO PERFORM THE HGN TEST. THE NEXT TEST I HAD FORD PERFORM WAS THE NINE STEP WALK AND TURN. I ASKED 9W IF HE HAD ANY MEDICAL PROBLEMS WITH HIS LEGS BACK OR KNEES OR ANY OTHER PHYSICAL IMPAIRMENT. HE SAID HE DID, THAT HE WASN'T COORDINATED. I ASKED IF HE WOULD ATTEMPT THE TEST. HE SAID HE WOULD I EXPLAINED AND D iTRATED THE TEST. USING A STRAIGHT YELLOW LINE PAINTED FOR THE FIRE LANE I HADIIIIEW STAND HEEL TO TOE WHILE I EXPLAINED AND DEMONSTRATED THE TEST. r ATTEMPTED TO STAND IN THE HEEL TO TOE STANCE BUT COULD NOT. HE PLACED HIS FOOT ONE NEXT TO THE OTHER AND RAISED HIS ARMS FOR BALANCE AND THE LEANED TO THE SIDE ALMOST FALLING. HE THEN DID NOT ATTEMPT TO STAND HEEL TO TOE AGAIN. I EXPLAINED AND DEMONSTRATED THE TEST. MM ATTEMPTED THE TEST, HE RAISED HIS ARMS IMMEDIATELY, STEPPED OF THE LINE ON THE FIRST STEP AND TOOK FOUR STEPS STUMBLING OVER HIS OWN FE T,E - CH TIME, ON THE FOURTH STEP HE TRIPPED AND ALMOST FELL. AT THIS POINT I DECIDED k HIS OWN SAFETY NO MORE TESTING WOULD BE DONE. I ALSO DETERMINED THAT OWWAS HIGHLY INTOXICATED AND HAD BEEN OPERATING MOTOR VEHICLE UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR. HE WAS PLACED UNDER ARREST, HANDCUFFED (DL) AND LED INTO THE STATION. I HELD IM, BY HIS LEFT ARM AND GUIDED HIM INTO THE STATION. KEPT STUMBLING AND FALLING INTO ME, DURING ALL OF THE TESTING AND THROUGHOUT BOOKING, IWKEPT LICKLNG HIS LIPS AND APPEARED TO HAVE DRY MOUTH. HE HAD A STRONG ODOR OF ALCOHOLIC BEVERAGE COMING FROM HIS PERSON AND HIS EYES WERE GLASSY AND RED AND HIS SPEECH HEAVILY SLURRED. I ' ASKED DURING THE TESTING WHERE HE HAD BEEN DRINKING HE SAID THE BEI JING. WAS PLACED IN A CELL TO AWAIT BOOKING. OFF. WEDGE WAS HAVING HIS ARREST BOOKED BY SGT. DAVIS. AND OFF. WEDGE ARRIVED JUST AS WAS BEING PLACED UNDER Incident Number:2009000014260 Page 3 of 4 PlFormSingle 09/22/09 North Andover, Ma. 01845-4099 Dispatch Incident Plumber: 2009000015077 (978) 6833168 Print Date: December 94, 2009 Incident Printed By: pgallagh Narrative by: Patrolman William Brush Division: Patrol Officers(continued) _ Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 07/16/2009 03:22 Patrolman William Brush Open 07/16/2009 ARREST. OFF. W DGES ARREST, y7 f� WAS UNDER ARREST FOR OUI LIQUOR. WHEN SHE SAW IN THE BOOKING ROOM SAID THAT AD BEEN AT THE BEI JING WHILE SHE WAS THERE AND HE HAD EVEN BOUGHT HER A COUPLE OF DRINKS. SHE SAID THAT SHE WAS WORRIED ABOUT HIM DRIVING AND HAD TRIED TO GET HIM A RIDE AND KEEP HIM FROM DRIVING. i WAS BOOKED AN0,G9VEN HIS CONSTITUTIONAL RIGHTS BY SGT, VIS. HE WAS ALLOWED TO MAKE A PHONE CALL AND CALLED A FRIEND WHO ADVISED HIM NOT TO TAKE THE BREATHALYZER. SGT. DAVIS DID ASK HIM TO SUBMIT TO A BREATHALYZER WHICH HE REFUSED. DURING BOOKING fMWEPT APOLOGIZING, AND SAYING " I'M A DOPE" HE SAID HE HAD BEEN AT A FUNERAL AT HE HAD A REALLY LONG DAY. HE SAID " I SHOULD HAVE JUST'-'ENE HOME TO BED." INOWAS POLITE AND COOPERATIVE THROUGH THE ENTIRE PROCESS. HE WAS RELEASED AND GIVEN A RIDE HOME BY A FRIEND. THE POLICE DEPARTMENT PARKING LOT IS A WAY TO WHICH THE PUBLIC HAS ACCEM�A6 LICENSEES AND INVITEES. THE POLICE DEPARTMENT IS A PUBLIC AGENCY AND IS OPEN 24 HOURS A DAY. THE LOT IS OF HOT TOP CONSTRUCTION AND IS MAINTAINED BY THE TOWN OF NORTH ANDOVER DPW. j CITATION # M7936729 WAS ISSUED TO MW FOR OUI LIQUOR. THE VEHICLE WAS TOWED BY TROMBLYS. Signature - Reporting Officers La m_o_ Signature- Reviewing Officer Incident Dispatcher Remarks: Create User ID: system Date &Time 07/16/2009 01:51:07 ' '' 2009/07/16 01:28 Matos, Cynthia 544: SGT DAVIS REQUESTED OFFICER BRUSH RESPOND TO CHECK ON A VEHICLE THAT HAS BEEN SITTING IN THE FRONT LOT FOR APPROX 1 HR 2009/07/16 01:32 Matos, Cynthia 544: OFFICER BRUSH REPORTED HE WAS 0141 N/MA: 444WRO 2009/07/16 01:33 Matos, Cynthia 544: 2009/07/16 01:49 Matos, Cynthia 544: OFFICER BRUSH REPORTS fta UNDER ARREST FOR OUI LIQUOR 2009/07/16 01:50 Matos, Cynthia 544: Incident Number:2009000014260 Page 4 of 4 PIFcrmSingle 09/22/09 POLICE D E P A R T M E N T "Comin>ri�itu Part�iership" The office of Richard A1, StanleN CHIEF OF POLICE TO: Chief Richard M. Stanley I FROM: Lieut. Paul Gallagher RE: Beijing Restaurant Incident # 2009-16272 DATE: August 14, 2009 On August 13, 2009 at 12:38am Officer William Brush was on patrol in the area of Osgood Street/Holt Road. Officer Brush observed a man running on the side of the road and conducted i a field interview. The officer had seen the same person approximately twenty minutes earlier in the parking lot of the Beijing Restaurant 1250 Osgood Street, During the interview of the subject, Officers Brush and now present Officer Brendan Gallagher, ascertained he was "highly intoxicated". Subsequently the man was placed into protective custody of the North Andover Police Department for his safety. Sergeant Michael Davis and the two officers, during station processing, overheard the subject state he had been drinking all night at the Beijing and had several beers and a Mai Tai (oriental alcoholic beverage). The Beijing Restaurant 1250 Osgood Street has an All Beverage License ABCC# 0826009 from the North Andover Licensing Commission. As an agent of the Commissioners I contacted the Beijing Restaurant on August 13, 2009 at 2:30pm via telephone, I spoke to manager, David Young, pertaining to this new incident and the prior one of July 16, 2009 (Report # 2009-14259) the arrest of two separate alleged drunk drivers that had consumed alcoholic beverages at the establishment prior to their arrest, Mr. Young said he would look into it and speak to his bartenders and security. I inquired if he had the recommended video system at the restaurant per the security plan. He stated they had. Mr., Young was informed that I would be reporting this matter to the Licensing Commissioners and something must be done. He said if a meeting was requested he could translate to the ownership. (evidently there is a language issue). I then asked if Mr. David Yue was available as I have often spoken to him over the years. Mr. Young stated that Mr, Yue is no longer involved at all in the operation of the Beijing. 566 MAIN STREET,NORTH ANDOVER, MASSACHUSETTS 01845-4099 Telephone:978-683-3768 • Fax.978-685-0249 After the telephone conversation, I sent two North Andover Police detectives, Detective Sean Daley and Thomas Donovan, to the Beijing Restaurant. I told them, as licensing agents, to go to the Beijing Restaurant and review the video of last evening to see if the person placed in protective custody had been drinking there. They were given the booking photograph of that individual The detectives arrived at the restaurant at 3:00pm and spoke to Mr. Young and relayed my request, Mr. Young did not know if the video was working and would check with the owners, Another employee told the officers that he did not believe the system was operating. We will follow-up concerning the video. The Licensing Commissioners may wish to conduct an inquiry of these two incidents. The North Andover Police Department will have the officers available. Currently we have requested extra police "liquor checks" and assistance from the enforcement section of the ABCC. .wv ra1U.11 .ru cc. I nc wv. IVIM Perth Andover, Pia. 01845®4099 Dispatch Incident Number: 2009000017204 978®683.3168 Print Date: August 13, 2009 [ndident Report Printed By: pgallagh Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 08/13/2009 12:38:22AM Thurs 08/13/2009 12:38:22AM —a 8/13/2009 12:38:22AM Reported As Incident Type- Primary Arresting Officer Suspicious Activity/PERSON Suspicious Activity Incident Address Reporting Officer 0 Holt Rd& Osgood St, North Andover, MA 01845 Patrolman William Brush Sector Stat.Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other N/A Associated Persons Summary False Type Name(Last, First, MI) Date of Birth I Sex Home Phone# Cell Phone# Work Phone# Protective Custody N/A -- --- - --- ------ --- -- - — - Address. Associated Businesses Summary Type Name Primary Phone# Secondary Phone# No Associated Businesses reported for Incident#:2009000016272 Involved Officers Officer Title Officer Name Officer Type Division Patrolman William H Brush III Reporting Officer Patrol Officers Patrolman William H Brush III Responding Officer Patrol Officers Patrolman Brendan J Gallagher Responding Officer Patrol Officers IBR/UCR Offenses Offense Number IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident#:2009000016272 Arrest Offenses Seq# Chapter Section Name(Last, First, MI) Description of Offense i Complaint Charges Seq# Chapter Section Name(Last, First, MI) Description of Offense Vehicle Info Vehicle No. I Vehicle Mak4 Vehicle Model Vehicle Year VIN Primary Color I Secondary Color Plate No. State No Vehicle Info Recorded for Incident#: 2009000016272 Property No Property Info reported for Incident#: 2009000016272 Citations Citation No Code Date Status Statute Description No Citations reported for Incident#: 2009000016272 Incident Number:2009000016272 Page 1 of 3 PlFormSingle 04/10/09 hJ,J[th Andover, Ma. U1845-4O99 Dispatch Incident Number: 2OU9OO8O172O4 970'683'3168 | , Print Date: August 13, 2009 � U��c�v���nt 0�e����»t Printed pg' Uugh � . ' � Narratives for Incident Number 20U9O0O01G272 ? Yes Other Narratives not authorized for print? None � Narratives this user authorized toprint: � '�N�a y: Patrolman William Brush Division-Pa_tro1_0_ff,_ce_rs Date&Time Narrative Description Entered b Status Reviewed by Last Edit Date 08/13/2008 01:13 Patrolman William Brush Oono 08/13/2009 ON THE ABOVE DATE AND TIME WHILE ON GENERAL PATROL I OBSERVED A MALE RUNNING ON RTE 125 SO OUND NEAR HOLT RD. | PULLED OVER AND SPOKE TO THE SUBJECT, IDENTIFIED A | EXITED MY CRUISER AND SPOKE THE S|[}EOFHOLT RD. NEAR RTE 125. |[N[NED|ATELYUPON GPEAK|N[� T[) —COULDDETECTASTRONGODDR {}FANALCOH[)L|C BEVERAGE COMING FROM HIS PERSON. HIS EYES WERE RED AND GLASSY AND HIS SPEECH WAS SLURRED. | OBSERVED 1111OWEARLIER |N THE EVENING, APPROXIMATELY UO15 HRS. |NTHE PARKING LOT C)FT BEREDH|K� BECAU8E �FT�� NEONY��L{}VV/\N� REFLECTIVE HURTHEVVA8VVE .�R|NG� `- -~ ~^ ' I ASKEDIIWWHERE HEVVA8CD[N|NGFRDMHEGTATE[) THEBE| J|NG. HESA|DTHATHEHAD GOTTEN A RIDE FROM A FRIEND BUT THEY DROPPED HIM OFF, AND HE WANTED TO GO TO BLUE CANOE FOR CIGARETTES. | ASKED HIM |FHE HAD A RIDE HOME. HE SAID HE WOULD WALK. | ASKED FOR ANOTHER CRUISER TD COME AND BACK ME UP. OFF. GALLAGHER ARRIVED SHORTLY AFTER | DETERMINED THAT HIGHLY INTOXICATED, | ADVISED HIM WAS BEING PLACED |N PROTECTIVE CUSTODY, HE WAS HANDCUFFED (DL) PATTED DOWN AND PLACED IN THE REAR OF OFF GALLAGHERS CRUISER AND SEAT BELTED IN. HE WAS TRANSPORTED BACK TC) THE STATION WHERE HE WAS GIVEN HIS CONSTITUTIONAL RIGHTS AND BOOKED BY SGT. OAV|G. SAID HE HAD BEEN DRINKING AT THE BEI JING ALL NIGHT AND HAD HAD SEVERAL BUD LIGHTS AND ONE MAI TAI. CALLED HIS COUSIN WHO CAME AND PICKED HIM UPA SHORT TIME LATER. Incident Notes: User ID: No Incident Notes Listed Incident Dispatcher Remarks: create User ID: system Date& Time 0013/200e 01:13o3 20OS/O0/1300-38Mamn. Cynthia 544: OFFICER BRUSH REPORTS HE |S OUT WITH ONE SUBJECT DNHOLTRD NEAR RT125 200908/13 00:41 Muius, Cynthia 544: OFFICER GALLAGHER RESPONDED 20U0D0138O:47Ma|ou. Cynthia 544: OFFICER BRUSH REPORT CUSTODY/PC 2009/08/13 01:12 Matoa, Cynthia 544: OFF|CER BRUSH WILL FILE REPORT incident Number:unOennOn1o272 Page uo/x p|pn,msing|eO4/1o/n9 � POLICE 0 D E P A R T M E N T "Community Partnership" The office of Richard M.Stanley CHIEF OF POLICE TO: Chief Richard Stanley FROM: Lieut. Paul Gallagher RE: Beijing Restaurant Incident# 2010-2512 DATE: February 8, 2010 I have been notified by Sergeant Michael Davis that on February 6, 2010 at 1:06am Officers Eric Sewade and Christopher Smedile conducted a field interview in the Beijing Restaurant parking lot. They had observed a male, which had been a customer of the restaurant, throwing ice about the lot. The officers determined the man was "extremely intoxicated" and lived in Sandown, NH. He did not have transportation and was becoming belligerent due to his intoxication. The subject was placed in the protective custody by the officers. The officers also conducted an interview with the Beijing Restaurant manager, Victor Ng. Mr. Ng stated the man was a "little bit intoxicated" when he arrived at the establishment. The officers asked if he had been served any alcoholic beverages and Mr. Ng replied "probably three drinks". (See officer's reports) It is my understanding that Mr. Ng is the new General Manager and serving alcohol to an already intoxicated person could be a violation of MGL Chapter 138 Section 69 "No alcoholic beverage shall be sold or delivered on any premises licensed under this chapter to an intoxicated person" The North Andover Police Department, acting as agents of the Licensing Commissioners, will have the officers available if requested. 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS 01845-4099 Telephone:978-683-3168 • Fax:978-685-0249 North Andover Police Department Incident Number: 2010000002512 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2010000002685 (978) 683-3168 Print Date: February 8, 2010 Incident Report Printed By: pgallagh Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Sat 02/06/2010 1:06:OOAM Sat 02/06/2010 1:06:OOAM --} 2/6/2010 1:06:44AM Reported As Incident Type-Primary Arresting Officer Field Interview Field Interview Incident Address Reporting Officer 1250 Osgood Street, North Andover, MA 01845 Patrolman Christopher Smedile Sector Stat.Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other BEIJING RESTAURANT Associated Persons Summary Type Name(Last,First, MI) Date of Birth Sex I Home Phone#1 Cell Phone# Work Phone# Protective Custody M j N/A (978)555-5785 N/A ------------------- Address: Associated Businesses Summary Type I Name Primary Phone# Secondary Phone# No Associated Businesses reported for Incident#: 2010000002512 Involved Officers Officer Title Officer Name Officer Type Division Patrolman Eric J Sewade Responding Officer Patrol Officers Patrolman Christopher Smedile Reporting Officer Patrol Officers Patrolman Christopher Smedile Responding Officer Patrol Officers IBR/UCR Offenses Offense Number I IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident#: 2010000002512 Arrest Offenses Seq# Chapter Section I Name(Last,First, MI) Description of Offense LAII Charges Sealed for Incident#:2010000002512 I Complaint Charges Seq# Chapter Section Name(Last, First, MI) Description of Offense No Complaint Offenses Recorded for Incident#:2010000002512 Vehicle Info Vehicle No. I Vehicle Mak4 Vehicle Model I Vehicle Year VIN Primary Coiorj Secondary Colorl Plate No. State No Vehicle Info Recorded for Incident#:2010000002512 Property Property Number Property Description Status Serial Number Orig.Est.Value 2010000000187 blue powder wrapped in yellow paper Open N/A $0.00 Weapon Type Vehicle Ref. Drug Type Container Loss Desc. Category Desc. N/A N/A Unknown Drug N/A Seized Evidence Year Make Model Width Length Height Weigh Caliber Qty Unit of Measure Color N/A N/A N/A 0 0 0 0 0 0.00 N/A Blue Incident Number:2010000002512 Page 1 of 3 PIFormSingle 12/01/09 North Andover Police Department Incident Number: 2010000002512 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2010000002685 (978) 683-3168 Print Date: February 8, 2010 Incident Report Printed By: pgallagh Citations Citation No Code I Date Status Statute Description No Citations reported for Incident#: 2010000002512 Narratives for Incident Number 2010000002512 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman Christopher Smedile Division: Patrol Officers Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 02/06/2010 02:34 Patrolman Christopher Closed Sergeant Michael 02/06/2010 Smedile Davis I Officer Chris Smedile report the following: On Saturday February 6, 2010 at 1:06 am, while on patrol in a fully marked cruiser, I and my partner Officer Sewade approached Beijing Restaurant on Route 125. Upon approaching the Beijing Restaurant, we noticed a white male outside thq restaurant throwing ice in the parking lot. When we approached the subject we asked him what he was doing. The subject stated he was left without a ride. The subject appeared extremely intoxicated (strong odor of alcoholic beverage on his breathe, slurring of speech, and glassy look in eyes). Officer Sewade and I asked if he had a sober ride home and the subject stated "no." Officer Sewade and I waited for the subject to call a ride, after many failed attempts to connect with a ride, Officer Sewade radioed dispatch to call a cab from Haverhill. While awaiting the cab, we asked the subject to produce I.D. at the time, he produced a valid New Hampshire license with the name re-entered into the Beijing restaurant to see if they had a cell phone charger and to use the bathroom. When he was informed he must leave the property. began to be restless and belligerent towards Officer Sewade and an employee at the restaurant. At that time, we informed 0& he was being placed in protective custody and that he was not under arrest. The subject complied and was handcuffed and placed in cruiser. was transported to the North Andover Police Station where he was booked and afforded all rights by Sgt Davis. Prior to being placed in the cell, the subject was asked to remove his shoes, where upon Officer Sewade located a yellow paper folded up containing a blue powdery substance, which we believe to be Adderall. This was confiscated and placed in Locker 008 to be tested by detectives. Sargent was released to friend, Charges for the drug possession are pending. 1"cponi7f a f ,(t,t'� Narrative by: Patrolman Eric Sewade Division:Patrol Officers Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 02/06/2010 03:20 Patrolman Eric Sewade Closed Sergeant Michael 02/06/2010 Davis Officer Eric Sewade report the following. While speaking with 111111111111114M he asked if he could use the bathroom in the Beijing. This request was okayed by myself and Beijing staff. Inside I spoke with manager Victor Ng. Ng stated that 40000 was a customer tonight, and that he may have been a little bit intoxicated when he arrived at the Beijing. did state to this Officer that he had "probably 3 drinks" at the beijing tonight. Soon after this exchange010W was placed into protective custody by Officer Smedile. t1r'uC;E:t Incident Number:2010000002512 Page 2 of 3 PlFormSingle 12/01/09 North Andover Police Department Incident Number: 2010000002512 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2010000002685 (978) 683-3168 Print Date: February 8, 2010 Incident Report Printed By: pgallagh Incident Notes: Create User ID: Date&Time No Incident Notes Listed Incident Dispatcher Remarks: Create User ID: system Date&Time 02/06/2010 01:55:18 2010/02/06 01:07 Garrison, Kimberly 555: OFFICERS SEWADE AND SMEDILE WILL BE OUT WITH A PARTY AT THE BEIJING. 2010/02/06 01:12 Garrison, Kimberly 555: OFFICER SEWADE REQUESTING A CAB FOR THE INVOLVED PARTY, DIAMOND TAXI RESPONDING. 2010/02/06 01:36 Garrison, Kimberl 555: OFFICER SEWADE CANCELLED THE CAB, REPORTS HE WILL BE RETURNING WITH OF SANDOWN NH UNDER PROTECTIVE CUSTODY. Call Takers Remarks: Create User ID: Date&Time No Caller Remarks Listed Incident Number:2010000002512 Page 3 of 3 PlFormSingle 12/01/09 i TOWN OF NORTH ANDOVER LICENSING COMMISSION ALCOHOLIC BEVERAGES REGULATIONS NORTH 2 0 �(,.E o F6 O h �qcoc"IcH h iwac �1 '°°R�TEO PP,�'Ly SSAC HUSH ADOPTED NOVEMBER 19, 2007 TOWN OF NORTH ANDOVER ALCOHOLIC BEVERAGES REGULATIONS TABLE OF CONTENTS PAGE Section A. GENERAL—APPLIES TO ALL LICENSES............................................................1 1. Legislative Authority.....................................................................................................................1 2. Filing of Applications.....................................................................................................................l 3. Reapplications................................................................................................................................1 4. Compliance With All Laws and Regulations...............................................................................1 5. Corporate and Trade Names.........................................................................................................1 6. Cessation of Operations.................................................................................................................l 7. Bankruptcy and Court Proceedings.............................................................................................2 8. Corporate Transactions.................................................................................................................2 9. Foreclosure on Loans.....................................................................................................................2 10. Manager and Alternate Managers...............................................................................................2 11. Manager's Responsibilities............................................................................................................2 12. Employee Consumption Prohibited..............................................................................................2, 13. Service Prohibited To Certain Individuals..................................................................................2 14. Identification Cards.......................................................................................................................2 15. Discrimination Prohibited.............................................................................................................3 16. Employee List To Be Maintained.................................................................................................3 17. Employee Training.........................................................................................................................3 18. Suspension.Revocation. or Modification of Licenses.................................................................3 19. Display of Licenses and Permits...................................................................................................3 20. Hours of Operation........................................................................................................................4 21. Employees On Premises After Closing Hours.............................................................................4 22. Access To Premises By Police and Agents...................................................................................4 23. Inspection of Premises...................................................................................................................4 24. Premises' Description ....................................................................................................................4 25. Prohibited Activities......................................................................................................................4 26. Posting of Suspension Notice.........................................................................................................4 27. Refuse Removal..............................................................................................................................5 i 28. One-Day Liquor Licenses..............................................................................................................5 29. Sunday and Holiday Package Store Openings............................................................................5 30. Application Process; Fees..............................................................................................................5 31. Scheduling of Public Hearings......................................................................................................7 32. Violations........................................................................................................................................8 Section B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES......8 1. Food Service Required...................................................................................................................8 2. Clear View of Premises' Interior..................................................................................................9 3. Interior Lighting............................................................................................................................9 4. Hours of Operation........................................................................................................................9 5. Hours of Sales Restricted...............................................................................................................9 6. Service Limited To Approved Areas............................................................................................9 7. Service Limited To Food Service Areas.......................................................................................9 8. Consumption On Premises............................................................................................................9 9. Charge For Alcoholic Beverages.................................................................................................10 10. Service of Alcoholic Beverages Limited.....................................................................................10 11. Changes To Premises Or Operation...........................................................................................10 12. Permits For Changes To Premises..............................................................................................10 13. Entertainment...............................................................................................................................10 14. Annual Financial Report.............................................................................................................10 Section C. APPLIES TO RETAIL PACKAGE STORE LICENSES...................................10 1. Hours of Sales...............................................................................................................................10 2. Consumption On Premises Prohibited.......................................................................................10 3. Premises' Description ..................................................................................................................11 4. Convenience Stores......................................................................................................................11 5. Posting of Prices...........................................................................................................................11 6. Deliveries Off Premises................................................................................................................11 Section D. APPLIES TO CLUB LICENSES........................................................................11 1. List of Officers and Members.....................................................................................................11 2. Guest Register Book.....................................................................................................................11 3. Only Members and Guests To Be Served..................................................................................11 4. Hours of Sales...............................................................................................................................11 5. Services Limited to Approved Areas .................................................................. 12 6. Clear View of Premises' Interior................................................................................................12 ii 7. Interior Lighting..........................................................................................................................12 S. Consumption on Premises...........................................................................................................12 9. Serving Containers.......................................................................................................................12 10. Service of Alcoholic Beverages Limited.....................................................................................12 11. Changes To Premises...................................................................................................................12 12. Permits For Changes To Premises..............................................................................................12 13. Annual Financial Report.............................................................................................................13 Section E. APPLIES TO DRUGGIST LICENSES...............................................................13 1. Not For Beverages Purposes.......................................................................................................13 2. Recording Sales............................................................................................................................13 i I ii1 Section A. GENERAL—APPLIES TO ALL LICENSES 1. Legislative Authority These regulations are adopted, and may be amended from time to time, by the North Andover Board of Selectmen, pursuant to the provisions of Massachusetts General Laws, Chapter 138 and 140. Any and all alcoholic beverages and common victualler licenses issued by the Board shall be governed by these regulations, MGL Chapters 138 and 140, and the rules and regulations of the Alcoholic Beverages Control Commission, as the same may be amended from time to time. 2. Filing of Applications All license applications must be "complete" to be processed by the Board of Selectmen (hereinafter the "Board"). An application shall be considered "complete", and therefore accepted for processing, when it has been filed in accord with the Town's procedural instructions and all forms required have been fully completed and executed. Filing fees must be paid at the time of filing of the application. All filing fees and license fees shall be paid by check or money order. License fees shall not be prorated and are not refundable. A record of all liquor licenses issued by the Licensing Commissioners, both as to premises and owner, shall be maintained in the office of the Town Clerk. Said file shall contain all applications, correspondence, decisions regarding the licensed premises, and other written information. The file of each owner and premises shall be reviewed annually at the time of license renewal. 3. Reapplications Once denied, applications may not be resubmitted for twelve (12) months unless a Board member, who previously voted against the license application, moves to allow the resubmission and such motion prevails. 4. Compliance With All Laws and Regulations Licensees shall maintain their premises and operations in compliance with all applicable state and local building and sanitary codes, laws and regulations. All taxes and charges owed the Town must be paid on a current basis. Failure to comply with any of these laws and regulations shall be sufficient cause for revocation, suspension, or modification of license. 5. Corporate and Trade Names No licensee shall assume obligations for licensed premises under any corporate or trade name other than that under which he/she is licensed. Any change in corporate name or status or any change in trade name (DBA) shall require the prior approval of the Board. 6. Cessation of Operations Any licensee intending to close a place of business, whether on a temporary or permanent basis, must notify the Board in writing before such closing stating the reason and length of such closing. Failure to provide such notice may result in the revocation of the license. 1 7. Bankruptcy and Court Proceedings The licensee shall immediately notify the Board, in writing, of any proceedings brought by or against the licensee under the bankruptcy laws or of any other court proceedings, which may affect the status of the license. 8. Corporate Transactions The licensee shall not change managers, change corporate officers, sell or transfer corporate stock, pledge corporate stock or liquor license as security, or accept a loan or credit from another licensee, without first obtaining the approval of the Board. No person may have a direct or indirect beneficial interest in a license without first obtaining the approval of the Board. 9. Foreclosure on Loans Assignment of stock in incorporated licensed places for the purpose of safeguarding the assignee on loans, etc., gives no right to such assignee to conduct the business of the licensee; therefore, licensees must notify the Board immediately when the assignee forecloses under such assignment of stock. I 10. Manager and Alternate Managers No corporation shall be approved for a license unless the corporation, by vote of its Board of Directors, has appointed a Manager who is a United States citizen and who has been vested with full authority and control of the premises and the business to be licensed. A corporation may appoint up to two Alternate Managers to be in charge in the absence of the Manager, however, the Manager must be on the premises at least fifty (50) percent of the time the premises are open. At no time shall the premises be open without a duly appointed and approved Manager or Alternate Manager in charge. The Manager shall have total responsibility for the proper operation of the licensed premises, whether present or not. No appointment of a Manager or Alternate Manager shall be effective unless and until approved by the Board. 11. Manager's Responsibilities The Manager shall at all times maintain order and decorum in the premises and in the immediately surrounding area of the premises and shall cooperate in all ways with Town Officials in ensuring safe and orderly facilities. There shall be no disorder, indecency, prostitution, lewdness or illegal gambling on the licensed premises. 12. Employee Consumption Prohibited No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty or after the official closing hour. 13. Service Prohibited To Certain Individuals No alcoholic beverages shall be sold to anyone less than twenty-one (21) years of age. 14. Identification Cards Only an original motor vehicle driver's license with photograph, a Massachusetts Liquor Purchase Identification Card a valid passport issued by the United States government, or by the 2 government, recognized by the United States government, of a foreign country, or a valid United States issued active duty Military Identification Car, shall be accepted as proof of age. 15. Discrimination Prohibited No licensee shall make any distinction, discrimination or restriction on account of race, color, creed, sex, sexual orientation, or ancestry relative to the admission or treatment of any person. 16. Employee List To Be Maintained An up-to-date list of all employees shall be available on the premises at all times for review by authorized agents of the Board. 17. Employee Training A. Any licensee holding an All Alcohol, including seasonal, or Beer and Wine license shall participate in a program designed to train employees, who engage in either package sales or pouring, in methods of observation and detection to avoid selling or serving to intoxicated persons and/or minors that is appropriate to the type of license issued. B. No program shall be deemed to meet the requirements of this policy unless it is recognized by the Liquor Joint Underwriters Association or approved by the Licensing Commissioners. C. All licensee personnel shall be required to participate in a training program based upon the type of license issued, as determined by the Licensing Commissioners. New employees of any licensee will have 45 days from the date of employment to become certified. All new licensees shall either provide proof of certified training prior to the issuance of the alcoholic license or within 90 days of issuance of the alcoholic license. All employees are required to be recertified every three years through an approved program. D. A written description of such program, along with a written policy outlining the employees' responsibilities and the disciplinary measures which will be taken against any employee for violating said policy, shall be filed with the Board and be maintained on the premises at all times. A signed certification of each employee, indicating that the employee has received the described training and has reviewed and understands the written policy describing his or her responsibilities and the disciplinary action which will be taken for violations, shall be maintained on the premises at all times. Copies of all such documents and certifications shall be available to the licensing authority, or any authorized agent thereof, upon demand. 18. Suspension. Revocation. or Modification of Licenses All licenses are subject to suspension, revocation or modification for breach of any conditions, regulations or laws of the Town of North Andover or the Commonwealth of Massachusetts. The Board of Selectmen reserves the right to change or add to any license conditions or any regulations after notice to the licensee and a hearing thereon. 19. Display of Licenses and Permits All licenses and permits issued by the Town shall be displayed on the premises in a conspicuous place where the public has access and may read. 3 20. Hours of Operation The hours of operation shall be restricted to that set by the Board. No patrons shall be on the premises before the official opening hours or after the official closing hours. 21. Employees On Premises After Closing Hours Owners and employees must be off the premises no later than sixty (60) minutes after the "Official Closing Hour", provided however, that such owners and employees may be on the premises at any time for the purpose of cleaning, making emergency repairs, providing security for such premises, or preparing food for the next day's business or opening or closing the business in an orderly manner. If it is necessary to have workmen other than employees on the premises after hours, or if it is necessary for the owners or employees to be on the premises beyond sixty minutes after closing hour, the Manager or Alternate Manager must contact the North Andover Police Department and state the reason and names of the people on the premises as well as the hours they will be on the premises. Failure to provide such notice shall be cause for action against the license. 22. Access To Premises By Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, be it by posting a doorman or otherwise, to allow Police and authorized agents of the Board, immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 23. Inspection of Premises The licensed premises shall be subject to inspection by the Police, the Board and duly authorized agents of the Board. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 24. Premises' Description No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not specified on the license, such as a patio or sidewalk. No physical changes to the premises shall be made without the prior approval of the Board and approved by the ABCC. 25. Prohibited Activities No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic or non-alcoholic beverage for them or any other person. There shall be no disorder, indecency, prostitution, lewdness, drug offenses, illegal gambling, or other illegalities permitted in the licensed premises or any premises connected therewith by an interim corridor, hallway, or other access or egress. 26. Posting of f Suspension Notice Whenever the Board suspends the license or licenses of any licensee, the Board shall provide the licensee with a sign containing the words "Closed by order of Licensing Board for the Town of North Andover," which sign shall be attached on the inside but visible from the outside of the licensed premises in a conspicuous place during the entire period of such suspension. 4 27. Refuse Removal No licensee shall allow refuse generated at the premises to be collected by any contractor between the hours of 11:00 P.M. and 7:00 A.M. On Sundays and legal holidays no such collection shall be allowed prior to 10:00 A.M. nor after 10:00 P.M. Refuse shall be removed a minimum of twice each week, and more often if necessary, to prevent any nuisance conditions. All refuse shall be stored in a dumpster or in such other manner as approved by the North Andover Health Department, and shall be maintained in accordance with the regulations and conditions of the North Andover Health Department. 28. One-Day Liquor Licenses 1. All activities at which liquor is dispensed and which are held at locations not possessing a liquor license will require a police officer in attendance except weddings and church functions during the daytime. 2. All activities at which liquor is dispensed and have a one-day gambling license and/or raffle and bazaar permit (Las Vegas Night, etc.) will require a police officer in attendance. 29. Sunday and Holida Package ackage Store Openings 1. Sunday and Holiday Package Store Openings shall be allowed, subject to the following conditions: 2. Conditions. a. No sales of liquor shall take place prior to 12:00 noon. b. Stores may not open on Memorial Day, Thanksgiving Day or on Christmas Day. C. Stores must close not later than 11:00 p.m. (11:30 p.m. if the following day is a Monday Holiday). The local authority may require an earlier closing. d. Establishments that employ more than 7 persons shall pay all employees at a rate of not less than one and one half times the employee's regular rate. e. No employee shall be required to work on a Sunday, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours, or any other penalty. 30. Application Process; Fees 1. Applicant must file a completed application with the Licensing Commissioners at the Selectmen's Office (Town Clerk's Office), 120 Main Street, Town Hall. North Andover. The application shall consist of the following: a. Five (5) page application form. b. Form 983 or 983A - if transfer of license C. $200.00 check or money order or money order made payable to Alcoholic Beverage Control Commission (Filing Fee), and $100 filing fee made payable to the Town of North Andover. d. Articles of Organization (if a Corporation) as filed with the Massachusetts Office of the Secretary of the Commonwealth (must contain the seal of the Secretary of the Commonwealth). e. If the applicant is a partnership, a copy of the partnership must be included. f. If a corporation, vote of the Board of Directors of the Corporation appointing a Manager. All Managers must be United States Citizens and must be at least 21 years of age. 5 g. ABCC Form A. If a corporation, the manager must complete the form. If a partnership, each partner must complete the form. If an individual, the individual must complete the form. h. Plan Requirements: Eight (8) copies of a floor plan, drawn to scale showing proposed kitchen equipment, tables, seating, and location of storage for alcohol, if applicable. Eight (8) copies of site plan with layout of parking. Package stores must show the general layout of the store and location of cash registers. i. License Fee (check or money order payable to the Town of North Andover except that cash or personal check may pay one-day license fees: $3,000- Restaurant- All Alcoholic Beverages $2,000 - Restaurant - Wine & Malt $2,200 - Inn holder- All Alcoholic Beverages $2,000 - Club - All Alcoholic Beverages $2,000 - Package Stores - All Alcoholic Beverages $1,500 - Package Stores - Wine&Malt $100—One Day All Alcoholic $75 —One Day Wine and Malt j. Renewal applications shall include a Certificate of Occupancy from the building inspector for all license holders and a Certificate of Inspection from the Fire Chief for all on-premises license holders with entertainment licenses. k. Applications for a new license shall include a report of Technical Review Committee including a list of all required approvals 1. License renewals are subject to review by the Board annually in the month of November. 2. A public hearing shall be scheduled before the North Andover Licensing Commissioners and must be advertised in the local newspaper. Within ten (10) days of the receipt of the application, the Board will place a notice in the local newspaper, The North Andover Citizen or the Eagle Tribune. The bill for this ad is the responsibility of the applicant. The Citizen is a weekly newspaper, which is published on Friday. The Eagle Tribune is a daily paper. The bill for this ad must be paid to the Citizen or the Eagle Tribune prior to advertising the legal notice. It is also the applicant's responsibility to mail a certified copy to all abutters within three (3) days of the ad appearing. An abutter's list may be obtained through the Assessor's Office. An attested copy of the ad and certified receipts shall be filed with the Licensing Commissioners. The public hearing shall be held not sooner than ten (10) days after publication according to Massachusetts General Laws, Chapter 138, Section 15A. a. For purposes of liquor license applications, an abutter is a person whose property directly touches the proposed premises - not someone across the street. b. Churches, synagogues, hospitals and public or private elementary or secondary Schools located within 500 feet of the premises of a liquor serving establishment must be notified by registered or certified mail. 3. The applicant shall contact the Board of Health, Building Inspector, Fire Chief, Police Chief and the Commission on Disability Issues for their respective departments' requirements. A recommendation from these departments is required for issuance of a license. The Applicant 6 shall also meet with the Technical Review Committee (TRC) prior to submission of an application and shall include the report of the TRC with the application. 4. The applicant must be present or have representation present at the public hearing. 5. If approved, the application shall be forwarded to the Alcoholic Beverages Control Commission for approval prior to the issuance of the license. 6. Approval of an application by the Local Board is only the first step in the approval process. The second step is approval by the Commonwealth of Massachusetts ABCC. If the ABCC approves, the final step is issuance of the license by the Local Board. Until and unless a license is issued the new owner may not take part in the operation of the premises and the old owner, if any, is still liable for the operation of the premises. After the initial local approval the application goes to the ABCC. The ABCC sends it to the Department of Revenue (DOR). If DOR determines one or more parties owe taxes they will notify the ABCC and the seller. The ABCC will also notify the buyer. The ABCC will not Y approve the license until DOR signs off. It is up to the parties, not the ABCC, to resolve tax questions. The ABCC will also have an investigator visit or telephone the applicant to ask certain information about the people involved and the financing. It is important that the parties respond promptly to investigators' inquiries. Therefore, applicants should know that there is a possibility that a license may not be issued. Operation without a license can be considered evidence of that applicant's unfitness for a license. It can also lead to revocation of the existing license and possible civil and criminal liability for both buyer and seller. 31. Scheduling of Public Hearings The Police Chief shall notify in writing the Town Manager of possible violations of these regulations or applicable state laws including, but not limited to: a. Operating Under the Influence of Liquor Arrests when an investigation indicates that the alcohol was consumed at a licensed establishment. b. Minors being served or sold alcoholic beverages. C. Disturbances or disorderly conduct reports on the licensed premises or adjacent properties and/or parking lots. d. Protective custody incidents taking place in or adjacent the premises. The investigation of these types of incidents shall address situations where the licensed establishment management acted properly by stopping a potentially hazardous driver from leaving the property. e. Non-adherence to the requirements of Section 17 of these regulations; "Employee Training." Upon receipt of a report of possible violation from the Police Chief, the Town Manager shall convene a meeting of the Chair of the Licensing Board, the Chair of the Board of Selectmen and the Town Manager at which time a determination will be made to schedule a public hearing on the alleged violation. The Licensing Commission shall not await the outcome of any separate court proceedings to schedule a hearing. Hearings shall be held in accordance with the provisions of applicable law. If at any hearing a licensee is charged with serving or selling alcoholic 7 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. 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. I 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. 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 common victuallers and innholders who have adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons, as required by Chapter 140 and for the g P q 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 2. Clear View of Premises' Interior No advertising matter, screen, curtain, or other obstruction which, in the opinion of the Board, prevents a clear view of the interior of the premises shall be maintained in or on any window or door thereof after the Board has ordered the removal of such obstruction. No booths, stalls or enclosures of any description are permitted which prevent the persons therein from being plainly observed by other persons on the premises. 3. Interior Lighting The interior of the premises shall be well lighted at all times with such lighting not to be less than one (1) foot candle (measured 30 inches from the floor) except those portions of the room under furniture. 4. Hours of Operation The hours during which such licensees may sell alcoholic beverages shall be those set forth in the license, and if not set forth in the license, the hours shall be those generally fixed by vote of the Board, subject to the General Laws of the Commonwealth. Last call shall be at least one-half hour prior to the licensee's closing hour and all patrons must be off the premises by the closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be sold or served prior to 8:00 A.M. on Monday through Saturday and 12:00 P.M. on Sundays. 5. Hours of Sales Restricted The hours for the sale and service of alcoholic beverages shall be further restricted to the hours during which food service is available. No alcoholic beverages shall be sold unless food service is available, except during the last hour before the official closing time. 6. Service Limited To Approved Areas The service and consumption of alcoholic beverages shall be limited to those areas of the premises approved by the Board. No alcoholic beverages shall be served or consumed in any areas of the premises, which have been excluded from the approved description of the premises. I 7. Service Limited To Food Service Areas Food service shall be available in all areas and seats where alcoholic beverages are served except in an approved waiting area. In such areas alcoholic beverages may be served to individuals who have given their name to the maitre d' and are waiting to be seated for dining. The Manager shall take appropriate measures to ensure that no one is served in the waiting area whose intention it is not to dine. No more than two standard sized drinks shall be served to any person in a waiting area without the service of food. 8. Consumption On Premises All alcoholic beverages shall be served in open containers and no such beverages shall be allowed to be removed from the premises except as may be permitted by M.G.L. Chapter 138, §12 or other applicable law. No patron shall be allowed to bring alcoholic beverages on the premises for the purpose of consumption on the premises. 9 9. Charge For Alcoholic Beverages No alcoholic beverages shall be sold for a fee less than the actual cost of the beverage to the licensee. An admission charge shall not be credited towards the purchase price of any alcoholic beverage. The price charged for alcoholic beverages shall not be discounted for any particular hour(s) of the day or day(s) of the week. No minimum charge shall be made for alcoholic beverages. 10. Service of Alcoholic Beverages Limited No patron shall be served a fourth alcoholic beverage drink without the prior approval of the Manager or an alternate Manager. 11. Changes To Premises Or Operation Any proposed change in the physical description and appearance or character of the licensed premises, including renovation work, number and location of seats and tables or other such changes, requires prior approval of the Board and the ABCC. 12. Permits For Changes To Premises The Building Commissioner shall, upon receipt of any permit application for work at licensed premises, immediately forward a copy of such application to the Town Manager. If the Town Manager determines that such work requires prior approval of the Board. he shall so notify the Building Commissioner and licensee within ten days of receipt of the copy of the application by the Town Manager and no permit shall be issued until the Board and the ABCC have approved the proposed work. 13. Entertainment No forms of entertainment, including but not limited to radio, television, recorded or live music, or dancing, shall be allowed without first obtaining an entertainment license from the Board. 14. Annual Financial Report Upon request of the Board, all licensees shall furnish an annual financial report from a certified public accountant indicating the gross sales for food and gross sales for alcoholic beverages for the preceding calendar year. Section C. APPLIES TO RETAIL PACKAGE STORE LICENSES 1. Hours of Sales No sale or delivery of alcoholic beverages shall be made except during the legal hours of sale. 2. Consumption On Premises Prohibited No alcoholic beverages shall be sold to be drunk on the premises. However, this section shall not prohibit a licensee from offering tasting as permitted by law or by regulation of the ABCC. 10 I 3. Premises' Description No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not specified in the license. i 4. Convenience Stores Any grocery and/or convenience store, which is the holder of a package goods store license and which is open on a Sunday, must during any time that the store is open when alcoholic beverage sales are not permitted, by means of a drop curtain, a wire mesh divider, or a gate at least five (5) feet in height, close off from the rest of the premises that section in which the alcoholic beverages are displayed. No patrons shall be permitted to enter that area of the premises containing such beverages. 5. Posting of Prices All prices that can be seen by customers in the licensee's store, whether on shelves, in circular form or otherwise, must correspond with the current posted price list. 6. Deliveries Off Premises A written record shall be maintained listing the name and address of every person to whom a delivery of alcoholic beverages is made outside of the premises. Such record shall include the amount of alcoholic beverages that were delivered, the date and time of delivery and the signature of the person receiving the delivery. Such records shall be maintained for a period of not less than one year and must be available for inspection by the Board and its agents at all times. Section D. APPLIES TO CLUB LICENSES 1. List of Officers and Members Annually the licensee shall submit to the board within three months after January first, a listing of the names and addresses of all the club's directors or officers, members, and employees, as of January first. The salaries of all employees serving or handling alcoholic beverages shall be included. Such list shall be maintained current during the year and be available for inspection on the premises at all times. 2. Guest Register Book A guest register book shall be maintained which indicates the name of the guest and the member accompanying the guest. No guest shall be allowed to enter the premises unless he/she is invited and accompanied by a member and signs the guest register. Such guest register shall be available for inspection at all times. 3. Only Members and Guests To Be Served Only members and their properly registered guests shall be served alcoholic beverages. 4. Hours of Sales The official closing hour, which shall be set by the Board, shall be no later than 2:00 a.m. on Friday and Saturday nights and 12:00 A.M. on all other nights. Last call shall be at least one-half 11 hour prior to the licensee's closing hour and all members and guests must be off the premises by the closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be sold or served prior to 8:00 a.m, on Monday through Saturday, 12:00 p.m. on Sundays, and 2:00 a.m. on New Year's Eve with Board approval. For special occasions or events, the board may, after application by the licensee, extend the official closing hour. 5. Service Limited To Approved Areas The service and consumption of alcoholic beverages shall be limited to those areas of the premises approved by the Board. No alcoholic beverages shall be served or consumed in any areas of the premises, which have been excluded from the approved description of the premises. 6. Clear View of Premises' Interior No advertising matter, screen, curtain or other obstruction, which, in the opinion of the Board, prevents a clear view of the interior of the premises, shall be maintained in or on any window or door thereof after the Board has ordered the removal of such obstruction. No booths, stalls or enclosures of any description are permitted which prevent the persons therein from being plainly observed by other persons on the premises. 7. Interior Lighting The interior of the premises shall be well lighted at all times with such lighting not to be less than one (1) foot candle (measured 30 inches from the floor) except those portions of the room under furniture 8. Consumption on Premises All alcoholic beverages shall be served in open containers and no such beverages shall be allowed to be removed from the premises. No patron shall be allowed to bring alcoholic beverages on the premises for the purpose of consumption on the premises. 9. Serving Containers No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the capacity of which is in excess of sixteen fluid ounces. 10. Service of Alcoholic Beverages Limited No more than one alcoholic beverage drink shall be served to a member or guest at one time. No member or guest shall be served a fourth alcoholic beverage drink without the prior approval of the Manager. 11. Changes To Premises Any proposed change in the physical description and appearance or character of the licensed premises, including renovation work, number and location of seats and tables or other such changes, requires prior approval of the Board and the ABCC. 12. Permits For Changes To Premises The Building Commissioner shall, upon receipt of any permit application for work at licensed premises, immediately forward a copy of such application to the Town Manager. If the Town 12 Manager determines that such work requires prior approval of the Board he shall so notify the Building Inspector and licensee within ten days of receipt of the copy of the application by the Building Inspector and no permit shall be issued until the Board and ABCC has approved the proposed work. 13. Annual Financial Report Upon request of the Board, all licensees shall furnish an annual financial report from a certified public accountant indicating the gross sales for food and gross sales for alcoholic beverages for the preceding calendar year. Section E. APPLIES TO DRUGGIST LICENSES 1. Not For Beverages Purposes No alcohol shall be sold for beverage purposes. 2. Recording Sales All sales of alcohol shall be recorded in the same book and in the same manner required for the sale of alcoholic beverages with the signature and address of the purchaser, and the hours of sale shall be the same as the hours for the sale of alcoholic beverages not to be consumed on the premises. No sales shall be made on Sundays or legal holidays without a prescription. i 13 of"•> ,�y : . oc DRAFT - JAB Town of North Andover Annual Town Meeting Warrant May 11, 2010 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street Tuesday May 11, 2010, at 7:00 PM then and there to act upon the following articles: Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Or to take any other action relative thereto. Board of Selectmen Article B. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town Report; Or to take any other action relative thereto. Board of Selectmen Article C. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate; Or to take any other action relative thereto. Board of Selectmen 1 DRAFT 2010 ATM WARRANT—JAB-FEBRUARY 19,2010 Article D. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Article E. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Article F. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws; Or to take any other action relative thereto. Board of Selectmen Article G. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Article H. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Article I. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 19 Water Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen 2 DRAFT 2010 ATM WARRANT—JAB-FEBRUARY 19,2010 Article J. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Article K. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town listed below; Or to take any other action relative thereto. Board of Selectmen Article L. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted below: Or to take any other action relative thereto. Board of Selectmen Article M. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. j Board of Selectmen Article N. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; i Or to take any other action relative thereto. Board of Selectmen Article O. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. Board of Selectmen 3 DRAFT 2010 ATM WARRANT—JAB-FEBRUARY 19,2010 Article P. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2011. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. Board of Selectmen Article Q. Capital Improvement Plan Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below: Or to take any other action relative thereto. Board of Selectmen Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E %2 for the Fiscal Year beginning July 1, 2010; Or to take any other action relative thereto. Board of Selectmen Article S. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; Or to take any other action relative thereto. Community Preservation Committee Article T. Continuation of MGL Chapter 59 Section 5K — Senior Work Program — Funding to $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program not to exceed $18,000; Or to take any other action relative thereto. Council on Aging 4 DRAFT 2010 ATM WARRANT—JAB-FEBRUARY 19,2010 Possible Articles for May, 2010 Annual Town Meeting Article Name Article Submitter Description/Comment Attachment Amends various sections of the Zoning By-law Zoning By-Law Clarifications Planning Board to correct internal inconsistencies and clarify wording. Stevens Estate Zoning Board of Selectmen Would allow for the Gate House to be rented to Change a business. j Update Secondhand Dealers Town Clerk Updates this bylaw to provide for regulation of Bylaw pawn brokers C° Update Fortuneteller Bylaw Town Clerk Licenses and regulates fortunetellers, reader, advisor or seer,healer,palm reader,etc. Wireless By-law Update Town Counsel Comprehensive rewrite of by-law to provide for overlay districts. Public Safety Antennas on To allow for space on any wireless facility tower Wireless Facility Towers Fire Chief and Police Chief to place a public safety communications antenna. In order to qualify as a state designated"Green Zoning Changes to become a Sustainabilit Committee Community"the town must adopt changes to "Green Community" y allow alternative energy production as"a right" [® in 1-2 and I-S zones Adopting of alternative In order to qualify as a state designated"Green building"stretch"code to Sustainability Committee Community"the town must adopt an alternative foster energy conservation buidling code that requires construction standards that promote energy conservation Amend Flood Plain To bring the Town's flood plain regulations into Regulation Bylaw Planning Board compliance with the State Flood Plain Management Program Amend Chiefs of Police and Board of Selectmen Amend bylaw to allow for results of assessment Fire By-law centers to be in place for three years. Fire Department Contract To fund any monetary award granted by an Award Board of Selectmen arbriator regarding the Fire Union collective bargaining agreement. Establishes a trust fund to address the unfunded Acceptance of Chapter 479 of Town Manager liability associated with Other Post Employment the Acts of 2008 Benefits and allows Medicare Part D reimbursements to be placed in the fund. Currently the Trustees can purchase property Amend Town Bylaw Chapter with permission of Selectmen,but need 28,Sec.5C to allow Housing Housing Trust Fund Trustees approval of Town Meeting to sell land.This Trust Fund to Sell Property change would allow Trustees to sell land with permission of Selectmen. SECTION 2 DEFINITIONS 2.63.1 Sign, Area of i (a). For a sign, either free-standing or attached. the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background. whether open or• enclosed. on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window,the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. I O1/11/10 Page 1 of 4 SECTION 5 EARTH MATERIALS REMOVAL 5.1 General 1. Excavation, removal, stripping, or mining of any earth material exeept as her°inafte pew on any parcel of land, public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to Development Construction or Improvements: and Section 5.6 Miscellaneous Removal of Earth. 2. Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for Permits allowed in Paragraph 5.6 and 5.6. 3. 3. The Board or Building Inspector shall have the authority to issue an Operating Hours Extension Permit, as defined in Subsection 5.2. 4. The Building Inspector shall have the authority to enforce all conditions of any Permit issued under this Section on the Zoning Bylaw. 5. All earth removal operations in existence in North Andover on the effective date of this section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section shall remain in effect until their expiration date and/or annual review. At such time, said operation shall be subject to the provisions of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months. 6. An annual fee of one hundred dollars ($100.00) shall be required for Earth Removal Permits. Miscellaneous Earth Removal Permits shall require an annual fee of twenty-five dollars ($25.00). 7. Violation of this Section of the Zoning Bylaw, notwithstanding the provisions of Section 10.13, imposes a penalty of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second and each subsequent offense. Each day of operation in violation of this section will be considered a separate offense. 8. Any sanitary landfill operated by the Town of North Andover shall be exempt from the provisions of this Section. i 01/11/10 Page 2 of 4 SECTION 7 DIMENSIONAL REQUIREMENTS 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31. 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District,where the setback from the side street shall be twenty (20) feet minimum. §7.31 —Projections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, tins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. §7.32 —Projections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, tins, columns, leaders, sills, pilasters. lintels and ornamental features may project not more than one foot, and cornices and glitters not more than two feet, over a required side yard. §7.33 —Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. O1/11/10 Page 3 of 4 SECTION 9 NON-CONFORMING USES 9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses in the Residential 1,Residential 2, Residential 3, Residential 4 and Residential 6 Districts: a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming single family and two family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall not render the structure more nonconforming than the existing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure: 1. Alteration of a structure which complies with all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient area, where the structure after alteration will comply with all of current Bylaw requirements except for lot area. 2. Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all of current Bylaw requirements except for frontage. 3. Alteration to a structure which encroaches upon one or more required yard setbacks, where the structure after alteration will comply with all current bylaw requirements except for yard setbacks (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements). 4. Alteration of a structure which encroaches upon one or more required yard setbacks, where the altered part of the structure will comply with all current yard setbacks, or the alteration is to the side or face of the structure which encroaches upon a required yard setback, and the alteration does not further encroach upon the required yard setback. In either case, the altered structure must comply with current building coverage and building height requirements (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements). 5. Alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded. In the event that the Zoning Enforcement Officer (Building Commissioner) determines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood 01/11/10 Page 4 of 4 Proposed Zoning Bylaw amendment to allow business use at the Gatehouse on the Stevens Estate property. Article Amend North Andover Zoning Bylaw — Section 4.121 Residence 1, 2 and 3. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to allow businesses uses, not to exceed 7,500 square feet on municipally owned property with a minimum of 50 acres. Amend Section 4.121 by adding the underlined language to read as follows: 4.121 Residence 1 District Residence 2 District Residence 3 District 21. Professional offices not exceeding 7,500 square feet located on municipally owned property containing a minimum of fifty(50) acres. DRAFT—TO BE ADDED TO THE EXISTING BYLAW UNDER SECTION 127—JUNK DEALERS JUNK DEALERS[ ADD ]/DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS TO READ JUNK DEALERS/DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS THE FOLLOWING IS ALREADY IN THE BYLAW Junk Dealers 127-1 LICENSE REQUIRED; FEE; DURATION No person shall keep a shop for purchase,sales or barter of junk,old metal or secondhand articles,or shall go from house to house collecting or procuring by purchase or barter any such articles,without a written license from the Board of Selectmen. The Board of Selectmen shall set the fee for such license. Each license shall continue in force until the first day of May ensuing unless sooner revoked by the Selectmen Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. NOTE: Above already in the bylaw—would like to add the following: 127-2 Purchases: a. All purchases by persons licensed under this provision shall be recorded in a bound book in which shall be plainly written at the time of purchase, name address,age,date,time and description of items purchased and signature of persons selling items. Positive photo identification from everyone selling any item must be shown. There shall be no purchase from a minor. All purchases of precious metals shall be made on licensed premises only. A report shall be filed with the Chief of Police on the forms provided by him of all purchases made that day. b. There shall be a fifteen-day holding period within the town or a place designated by the Chief of Police,for all items purchased. All items purchased shall be made available for inspection by the Police Department,T own Manager or his designee. No item shall be altered during the fifteen- day holding period. If purchasing from other dealers,the licensee shall maintain the same records and same book for the same period as previously stated. (State law reference M.G.L.Ch266,§142) 127-3 Weights and Measures and Scales The weight to be used and the type of scale to be used by a person licensed pursuant to the provisions of this bylaw shall be described by the town sealer of weights and measures. The purchaser shall put the current market price at the weight at which they are buying. The licensee must present with his application for a license,a certificate from the sealer of weights and measures and scales have been properly sealed. The applicant must notify the Police Department of the name of the firms to whom he sells his precious metals and if there are any changes the Police Department shall be so notified. 127-4 Hours of Operation The hours of operation of a person licensed pursuant to the provisions of this bylaw shall be from the time of 9:00 a.m.to 9:00 p.m.,except that the premises shall be closed on Sunday. i I U Any license or permit denied,suspended or revoked under this Bylaw shall not be reissued or renewed until the licensing authority receives a certificate issued by the Tax Collector the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate. C. Any party shall be given an opportunity to enter into a payment agreement,thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided however,that the holder be given notice and a hearing as required by applicable provisions o flaw. D. The Board of Selectmen may waive such denial,suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders,if any, or member of his immediate family,as defined in Sectionl of M.G.L.Chapter 268 in the business or activity conducted in or on said property. This Bylaw shall not apply to the following licenses and permits issued under the following M.G.L. Chapters:Open Burning,Section 13 of Chapter 48; Bicycle Permits,Section 11A of Chapter 85;Sales of Articles for Charitable Purposes,Section 33 of Chapter 101;Children Work Permits,Section 69 of Chapter 149;Clubs,Associations Dispensing Food or Beverage Licenses,Section 21E of Chapter 140; Dog Licenses,Section 137 of Chapter 140; Fishing, Hunting,Trapping License,Section 12 of Chapter 131; Marriage Licenses,Section 28 of Chapter 207 and Theatrical Events, Public Exhibition Permits,Section 181,of Chapter 140. ADD THE FOLLOWING TO CHAPTER 129 129-2 Fortunetellers 129-2-1 Definition Any person going under the title of fortuneteller, reader, adviser or seer, medium, healer or spiritualist, palm reader,card reader or physic shall be deemed a fortuneteller,for the purpose of this bylaw 129-2-2 License Required—Qualifications of applicant It shall be unlawful for any person to engage in the business of fortuneteller without first obtaining a license for the Licensing Commission. Application for licenses shall be made on forms to be provided by the license commission and shall include the applicant's complete identification,signature and proposed method of operation. A statement shall be submitted with any application from the Criminal History Systems Board pursuant to the Criminal Record Information Act setting forth the criminal record, if any, of the applicant. 129-2-3 Fee—Transferability The fee for each license granted under this section shall be$50.00 dollars($50.00)annually and the license shall not be transferred or assigned 129-2-4 Revocation The License Commission may revoke such license because of any violations of this bylaw or any other town bylaw. 129-2-5 Fines for Failure to Procure Whoever engages in fortunetelling for money, unless licenses under this bylaw, shall be subject to a fine of one hundred dollars($100.00). Fines will be enforced by non-criminal disposition pursuant to M.G.L. Chapter 40,Section 21D. i NOTE: Section 129-2 FROM Brockton Bylaw Proposed Zoning Bylaw amendment to allow alternative energy uses in an Industrial (I-2) Zoning District. I Article Amend North Andover Zoning Bylaw—Section 4.133 Industrial 2 District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.133 in order to allow alternative energy uses as-of-right. 4.133 Industrial 2 District 11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. Amend Section 4.133 by adding the underlined language to read as follows: 4.133 Industrial 2 District 11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b Renewable or alternative energy research and development facilities renewable or alternative energy manufacturing such as wind solar, biomass and tidal on any lot with a minimum of twenty -five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Article To see if the Town will vote to accept or to enact as a bylaw the "Stretch Energy Code," 780 CMR Appendix 120AA; or act in any other manner relative thereto. DESCRIPTION: Municipalities are authorized to adopt the Stretch Energy Code as an alternative to certain provisions of the base building code. The Stretch Energy Code requires approximately 20% greater building energy efficiency than base energy efficiency requirements. Most new residential and commercial construction, including additions and substantial renovations, would be covered, but new commercial buildings under 5,000 square feet and specialty buildings under 40,000 square feet with unique energy requirements, such as supermarkets, laboratories and warehouses, are exempt from stretch code requirements. i 78o CMRAppendix 12o AA I Stretch Energy Code The Stretch Energy Code is the International Energy Conservation Code (IECC)2009 with amendments contained herein. CHAPTER 1-ADMINISTRATION SECTION 101-SCOPE AND GENERAL REQUIREMENTS Remove sections Iol.1,101.2, and 101.3 and replace with: 101.1 Title. This code shall be known as the Massachusetts Stretch Energy Code and shall be cited as such. It is referred to herein as "this code." 101.2 Scope.This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 78o CMR 13,34, 61,or 93, as applicable. 101.3 Purpose and Intent. The purpose of 78o CMR 12o.AA is to provide a more energy efficient alternative to the base energy code applicable to the relevant sections of the building code for both new construction and existing buildings.A municipality seeking to ensure that construction within its boundaries is designed and built above the energy efficiency requirements of 78o CMR may mandate adherence to this appendix. This appendix may be adopted by any municipality in the commonwealth,by decision of its governing body. In a city having a PIan D or Plan E charter the governing body shall be the city manager and the city council, and in any other city the mayor and city council. In towns the governing body shall be the board of selectmen. In order to be adopted,the appendix must be considered at an appropriate municipal public hearing,subject to the municipality's existing public notice provisions. If adopted by a municipality this appendix rather than 78o CMR 13, 34, 61, or 93, as applicable, shall govern. This appendix shall regulate the design and construction of buildings for the effective use of energy.This appendix is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve the effective use of energy.This appendix is not intended to abridge safety,health or environmental requirements contained in other applicable codes or ordinances. Remove section 101.4.3 Exceptions and replace with: Exceptions 1. Storm windows installed over existing fenestration. 2. Repairs to an existing sash and frame. 3. Existing ceiling,wall or floor cavities, of the building envelope,exposed or accessible during construction provided that any empty cavities are filled with insulation that meets or exceeds an R value of R-3.5/inch. 4. Reroofing or residing over uninsulated roofs or walls where the sheathing is not exposed. 5. Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door,provided,however,that an existing vestibule that separates a conditioned space from the exterior shall not be removed, 6.Alterations that replace less than 50 percent of the luminaires in a space,provided that such alterations do not increase the installed interior lighting power. 7.Alterations that replace only the bulb and ballast within the existing luminaires in a space provided that the alteration does not increase the installed interior lighting power. 11 Page Remove section 104.1 and replace with: 104.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official or approved inspection agencies. Remove section 104.5 and replace with: 104.5 Approved inspection agencies. The code official is authorized to require or accept reports of approved inspection agencies,provided such agencies satisfy the requirements as to qualifications and reliability. Delete sections 107, 108 and log CHAPTER 2 — DEFINITIONS Insert in section 202: FENESTRATION PRODUCT, FIELD-FABRICATED is a fenestration product including an exterior glass door whose frame is made at the construction site of standard dimensional lumber or other materials that were not previously cut, or otherwise formed with the specific intention of being used to fabricate a fenestration product or exterior door. Field fabricated does not include site-built fenestration with a label certificate or products required to have temporary or permanent labels. FENESTRATION PRODUCT, SITE-BUILT is fenestration designed to be field-glazed or field assembled units using specific factory cut or otherwise factory formed framing and glazing units. Examples of site-built fenestration include storefront systems, curtain walls, and atrium roof systems. FURNACE ELECTRICITY RATIO. The ratio of furnace electricity use to total furnace energy computed as ratio = (3.412*EAE)/(loon*EF+ 3.412*EAE),where EAE (average annual auxiliary electrical consumption) and EF(average annual fuel energy consumption)are defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations and EF is expressed in millions of Btu's per year. ON-SITE RENEWABLE ENERGY. Includes solar photovoltaic; active solar thermal that employs collection panels,heat transfer mechanical components and a defined heat storage system; wind; small hydro;tidal;wave energy; geothermal (core earth);biomass energy systems;landfill gas and bio-fuel based electrical production. Onsite energy shall be generated on or adjacent to the project site and shall not be delivered to the project through the utility service. CHAPTER 3 —CLIMATE ZONES Delete section 301 and replace with: Climate Zone 5 and moisture regime A(Moist) shall be used in determining the applicable requirements from Chapters 4 and 5 for locations in Massachusetts. Delete Chapter 4 and replace with: CHAPTER 4—ADVANCED RESIDENTIAL ENERGY EFFICIENCY 401.1 Scope. This chapter applies to residential buildings. 401.2 New construction. New low-rise (three stories or less)residential buildings including townhouses shall require a HERS (Home Energy Rating System)index rating as verified by a RESNET(Residential Energy Services Network)certified HERS rater. 21 Page 3 • For units equal to or greater than 3,000 sq ft in conditioned floor space, a HERS rating of 65 or less is required. • For units less than 3,000 sq ft, a HERS rating of 70 or less is required. • In addition, all new construction shall demonstrate compliance with the Energy Star Qualified Homes Thermal Bypass Inspection Checklist'. 401.3 Prescriptive option for residential additions.Additions to an existing building, building system or portion thereof shall conform to the most recent Energy Star for Homes Prescriptive Builders Option Package(BOP), except for heating and cooling equipment and appliances, and shall demonstrate compliance with: • The Energy Star Qualified Homes Thermal Bypass Inspection Checklist. • Envelope insulation requirements that meet or exceed IECC 2oo9 requirements (Chapter 4, Section 402)for climate zone 5 401.4 Performance option for residential additions.The performance approach and HERS ratings of 401.2 may be followed in lieu of the prescriptive requirements of 401.3 401.5 Prescriptive option for alterations, renovations or repairs.Alterations, renovations or repairs that involve accessing the building envelope shall require the affected portion of the envelope to comply with 401.3. Envelope insulation shall meet or exceed IECC 2009 requirements (Chapter 4,Section 402)for climate zone 5, or fully fill existing cavities with insulating material which meets or exceeds an R value of R 3.5/inch. 4o1.6 Performance option for alternations, renovations or repairs. In all cases of alternations,renovations or repairs the performance approach of 401.2 may be followed in lieu of the prescriptive requirements of 401.5 with the following HERS rating requirements: • For units equal to or greater than 2,000 sq ft in conditioned floor space,a HERS rating of 8o or less is required. • For units less than 2,000 sq ft,a HERS rating of 85 or less is required. • Compliance with the Energy Star Qualified Homes Thermal Bypass Inspection Checklist. Change Chapter 5 title to: CHAPTER 5—ADVANCED COMMERCIAL ENERGY EFFICIENCY Remove section 501.1 and 501.2 and replace with: 501.1 Scope.The requirements contained in this chapter are applicable to new construction of commercial buildings, or portions of commercial buildings. Exceptions: 1. Commercial buildings less than 5,000 sq. ft. 2. Commercial buildings from 5,000 to 40,000 sq.ft. in area with these uses: • Supermarkets • Warehouses • Laboratories http://www.cnergystar.gov/ia/parmers[bldrs_lenders_raters/downloads/Thermal_B ypass_Inspection_Checklist.pdf 3 1 P a g e • A building of specialized use by variance to this appendix through appeal to the BBRS. 501.1.1 Buildings greater that ioo,000 sq.ft. Buildings greater than 1oo,000 sq. ft.,and additions to such buildings greater than or equal to 30% of the existing conditioned floor area, shall be designed to achieve energy use per square foot equal to at least 2o%below the energy requirements of ASHRAE/IESNA Standard 90.1-2oo7,Energy Standard for Buildings Except for Low-Rise Residential Buildings,Appendix G,measured by industry-accepted energy modeling. 501.1.2 Special energy use buildings. Buildings greater than 40,000 sq. ft. in area, and additions to such buildings greater than or equal to 30% of the existing conditioned floor area with these uses: • Supermarkets • Warehouses • Laboratories shall be designed to comply with the performance requirements of 501.1.1. 501.1.3 Performance option for buildings from 5,000 to ioo,000 sq.ft. Buildings between 5,000 sq. ft. and 1oo,000 sq. ft. shall comply with the performance requirements of 501.1.1, or the prescriptive option 501.1.4. 501.1.4 Prescriptive option for Buildings from 5,000 to ioo,000 sq.ft.The requirements contained in section 501.1.4.1 and beyond of this chapter are applicable to buildings from 5,000 to 1oo,000 sq. ft. and additions to such buildings greater than or equal to 30% of the existing conditioned floor area where the addition has its own heating system. 501.1.4.1 Application. The commercial building project shall comply with the requirements in Sections 502 (Building envelope requirements), 503 (Building mechanical systems), 504 (Service water heating), 505 (Electrical power and lighting systems), and 507(Advanced Prescriptive Options)in its entirety. Compliance with section 507 requires complying with any ONE of the following prescriptive options: a. 507.2.1 Efficient Mechanical Equipment b. 507.2.2 Reduced Lighting Power Density c. 507.2.3 On-Site Supply of Renewable Energy Compliance with section 507 does not remove the requirement to comply with any other mandatory requirements in this code. SECTION 502- BUILDING ENVELOPE REQUIREMENTS Delete from section 502.1.1, the last sentence: Buildings with a vertical fenestration area or skylight area that exceeds that allowed in Table 502.3 shall comply with the building envelope provisions of ASHRAE/IESNA9o.1. Remove Table 502.1.2, Table 502.2(1)and Table 502.2(2)and replace with: TABLE 502.1.2 -BUILDING ENVELOPE REQUIREMENTS OPAQUE ELEMENT, MAXIMUM U-FACTORS Roofs All Other Group R Insulation entirely above deck U- 0.039 U-0.039 4 1 P a g e Metal buildings (with R-5 U- 0.049 U- 0.049 thermal blocks) Attic and other U- 0.027 U-0.027 Walls,Above Grade Mass, exterior insulation U- 0.08o U-0.071 Mass, interior insulation U- 0.08 U-0.085 Metal building U- 0.061 U-0.061 Metal framed U-0.06 U-0.057 Wood framed and other U- 0.051 U-0.051 Walls, Below Gradea Mass, exterior insulation C-0.119 C-0.119 Mass, interior insulation C- 0.063 C- 0.06 Floors Mass U- 0.074 U- 0.064 Metal Joist U- 0.033 U-0.033 Wood Joist/Framing U- 0.03 U-0.03 Slab-on-Grade Floors Unheated slabs F- 0.540 F-0.520 Heated slabs F- 0.58o F-0.580 Opaque Doors Swinging U- 0.37 U- o. Roll-up or sliding U- 0.50 U- 0.50 For SI: 1 inch=25.4 nun. ci—Continuous Insulation a.When heated slabs are placed below grade,below grade walls must meet the F-factor requirements for perimeter insulation according to the heated slab-on-grade construction. TABLE 502.2 BUILDING ENVELOPE REQUIREMENTS-OPA UE ASSEMBLIES Note: IECC 2009 Roofs All Other Group R equivalent Insulation entirely above R-25 ci R-25 ci Zone deck Metal buildings(with R-5 R-13+R-19 R-19 +R-10 Zone 7 thermal blocks a,b) Attic and other R-38 R-38 Zone 2-7 Walls Above Grade Mass,exterior insulation R-11. ci R-13-3 ci Zone 5 Mass,interior insulation R-13 R-1 N/A Metal building c R-1 + R-5.6 ci R-13+R-5.6 ci Zone 5-6 Metal framed R-13 +R-7-5 ci R-13+R-7-5 ci Zone 5-6 Wood framed and other R-13 +R-7.5 R-1 +R-7.5 Zone 6 Walls, Below Graded Mass, exterior insulation R-7.5 ci R-7.5 ci Zone 5-6 Mass,interior insulation R-1 R-1 N/A Floors Mass R-10 ci R-12.5 ci Zone 5 Metal Joist R-30 R-30 Zone 4-8 Wood Joist/Framing R-3o R-3o Zone -8 Slab-on-Grade Floors 51 Page R-10 for 24 in. R-15 for 24 in. (, Unheated slabs Zone 6 below below Heated slabs R-15 for 36 in. + R-15 for 36 in. + NBI Core Performance R-5 ci below R-5 ci below Values Opaque Doors Swinging U—0.37 U—0.37 Roll-up or sliding R—4.75 R—4. For SI:1 inch=25.4 mm. ci—Continuous Insulation NR—No Requirement a.Thermal blocks are a minimum R-5 of rigid insulation,which extends 1-inch beyond the width of the purlin on each side,perpendicular to the purlin. b.The first R-value is for faced fiberglass insulation batts draped over purlins.The second R-value is for unfaced fiberglass insulation batts installed parallel to the purlins.A minimum R-3.5 thermal spacer block is placed above the purlin/batt,and the roof deck is secured to the purlins. Reference:ASHRAE/IESNA go.1 Table A2.3 including Addendum"G" c.The first R-value is for faced fiberglass insulation batts installed perpendicular and compressed between the metal wall panels and the steel framing. the second rated R-value of insulation is for insulation installed from the inside,covering the girts.Reference:ASHRAE/IESNA go.1 Table A3.2 Appendix"G" d.When heated slabs are placed below grade,below grade walls must meet the exterior insulation requirements for perimeter insulation according to the heated slab-on-grade construction. 1 Remove section 502.3.2 (including Table 502.3)and replace with: 502.3.2 Maximum U-factor and SHGC. For vertical fenestration, the maximum U-factor and solar heat gain coefficient(SHGC)shall be as specified in Table 502.3,which is uniformly set at 0.40. For skylights,the limit is set at 3% of roof area,but can be expanded to 5% of roof area in conjunction with automatic daylighting controls. In all cases, the maximum U-factor and solar heat gain coefficient (SHGC)shall be as specified in Table 502.3. TABLE 502.3 BUILDING ENVELOPE REQUIREMENTS: FENESTRATION All Framing materials other than metal with or without metal reinforcement or cladding U-Factor 0.3 Metal framing with or without thermal break Curtain Wall/Storefront U-Factor 0'42 Entrance Door U-Factor o.8o All Other U-Factor a 0.45 SHGC-All Frame Types SHGC 0.40 6 Page 1 Skylights(3%maximum,or 5%maximum with automatic da li tin controls b) U-Factor 0.45 SHGC 0.40 a. All other includes operable windows,fixed windows and doors other than entrance doors. b. Automatic daylighting controls shall meet the requirements of Section 505.2.2.1.3 502.4 Air leakage (Mandatory). Remove section 502.4.1 and 502.4.2 and replace with: 502.4.o Air Barriers. The building envelope shall be designed and constructed with a continuous air barrier to control air leakage into, or out of the conditioned space. An air barrier system shall also be provided for interior separations between conditioned space and space designed to maintain temperature or humidity levels which differ from those in the conditioned space by more than 50% of the difference between the conditioned space and design ambient conditions. The air barrier shall have the following characteristics: 1. It must be continuous,with all joints made airtight. 2. Materials used for the air barrier system shall have an air permeability not to exceed 0.004 cfm/ft2 under a pressure differential of 0.3 in.water(1.57psf) (75 Pa)when tested in accordance with ASTM E 2178. Air barrier materials shall be taped or sealed in accordance with the manufacturer's instructions. 3. It shall be capable of withstanding positive and negative combined design wind,fan and stack pressures on the envelope without damage or displacement, and shall transfer the load to the structure. It shall not displace adjacent materials under full load. 4.Air barrier materials shall be maintainable, or, if inaccessible,shall meet the durability requirements for the service life of the envelope assembly. 5.The air barrier material of an envelope assembly shall be joined and sealed in a flexible manner to the air barrier material of adjacent assemblies, allowing for the relative movement of assemblies due to thermal and moisture variations and creep. Connections shall be made between: a.joints around fenestration and door frames b.junctions between walls and foundations,between walls at building corners,between walls and structural floors or roofs,and between walls and roof or wall panels c. openings at penetrations of utility services through roofs, walls, and floors d. site-built fenestration and doors e.building assemblies used as ducts or plenums f.joints,seams, and penetrations of vapor retarders g. all other openings in the building envelope 502.4.0.1 Air Barrier Penetrations. All penetrations of the air barrier and paths of air infiltration/exfiltration shall be made air tight. 7 1 P a g e 502.4.1 Window and door assemblies. The air leakage of window,skylight and door assemblies that are part of the building envelope shall be determined in accordance with AAMA/WDMA/CSA 101/I.S.2/A440, or NFRC 40o by an accredited, independent laboratory,and labeled and certified by the manufacturer.Window and skylight air leakage shall not exceed 0.2 cfm/ft2 at 1.57 pounds per square foot (psf) (75Pa), or 0.3 cfm/ft2 at 6.24 psf(300 Pa). Door assembly air leakage shall not exceed 0.3 cfm/ft2 for all other products at 1.57 psf (75Pa). Exceptions: a. Site-constructed windows and doors that are sealed in accordance with Section 502.4.8. b. Commercial entrance doors covered by section 502.4 C. Garage doors shall be permitted to use air leakage determined by test at standard test conditions in accordance with ANSI/DASMA 105. d. Doors and Access Openings to Shafts, Chutes, Stairwells,and Elevator Lobbies. These doors and access openings shall either meet the requirements of 502.4.3 or shall be equipped with weather seals,except weatherseals on elevator lobby doors are not required when a smoke control system is installed. 502.4.2 Curtain wall, storefront glazing and commercial entrance doors. Curtain wall,storefront glazing and commercial-glazed swinging entrance doors and revolving doors shall be tested for air leakage at a pressure of at least 1.57 pounds per square foot(psf) (75 Pa)in accordance with ASTM E 283. For curtain walls and storefront glazing,the maximum air leakage rate shall be o.06 cubic foot per minute per square foot(cfm/ft2) (1.1 m3/h x m2) of fenestration area. For commercial glazed swinging entrance doors and revolving doors,the maximum air leakage rate shall be 1.00 cfm/ft2(18.3 m3/h x m2) of door area when tested in accordance with ASTM E 283. Remove section 502.4.5 and replace with: 502.4.5 Outdoor air intakes and exhaust openings. Stair and elevator shaft vents and other outdoor air intakes and exhaust openings integral to the building envelope shall be equipped with not less than a Class I motorized,leakage-rated damper with a maximum leakage rate of 4 cfm per square foot(6.8 L/s • C m2)at 1.0 inch water gauge (w.g.) (1250 Pa)when tested in accordance with AMCA SooD. These air tight, operable dampers shall be installed when the air barrier is penetrated by: 1. Fixed open louvers such as in elevator shafts and machine rooms. 2. Mechanical system components which allow infiltration or enfiltration of air when the systems are inactive,such as atrium smoke exhaust systems, elevator shaft smoke relief openings, and other similar elements. Such dampers shall be set in the closed position and automatically open upon: 1. the activation of any fire alarm initiating device of the building's fire alarm system; 2. the interruption of power to the damper. Exception: Gravity(nonmotorized) dampers are permitted to be used in buildings less than three stories in height above grade. 81 Page Remove section 502.4.7 and replace with: 502.4.7 Vestibules. Building entrances that separate conditioned space from the exterior shall be protected with an enclosed vestibule,with all doors opening into and out of the vestibule equipped with self-closing devices.Vestibules shall be designed so that in passing through the vestibule it is not necessary for the interior and exterior doors to open at the same time. Interior and exterior doors shall have a minimum distance between them of not less than 7 ft when in the closed position. The exterior envelope of conditioned vestibules shall comply with the requirements for a conditioned space. The interior and exterior envelope of unconditioned vestibules shall comply with the requirements for a semi-heated space. Exceptions: a.Building entrances with revolving doors. b.Doors not intended to be used as a building entrance. c. Doors opening directly from a dwelling unit. d.Doors that open directly from a space that is less than 3000 ft2 in area and is separate from the building entrance. e.Doors used primarily to facilitate vehicular movement or material handling and adjacent personnel doors. Add section 502.5 Vapor retarders. 502.5 Vapor retarders. Class I or II vapor retarders are required on the interior side of walls. Exceptions: 1. Basement walls. 2. Below grade portion of any wall. 3. Construction where moisture or its freezing will not damage the materials. 502.5.1 Class III Vapor retarders. Class III vapor retarders shall be permitted where any one of the conditions in Table 502.5.1 are met. TABLE 502.5.1-CLASS III VAPOR RETARDERS Climate Zone Class III vapor retarders permitted for: Vented cladding over OSB 5 Vented cladding over Plywood Vented cladding over Fiberboard Vented cladding over Gypsum Insulated sheathing with R-value >= R5 over 2x4 wall Insulated sheathing with R-value >= R7.5 over 2x6 wall 502.5.2 Material vapor retarder class. The vapor retarder class shall be based on the manufacturer's certified testing or a tested assembly. The following shall be deemed to meet the class specified: Class I: Sheet polyethylene, non-perforated aluminum foil Class II: Kraft faced fiberglass batts or low perm paint 91 Page Flo (paint with o.1 < perm <= 1.o) Class III: Latex or enamel paint SECTION 503 -BUILDING MECHANICAL SYSTEMS Insert at end of section 503.1: NOTE: Compliance path a. (Efficient Mechanical Equipment)in section 507 is not available for equipment installed according to the minimum performance values outlined in section 503.2.3. In this case, compliance can be met with one of the following paths: b. 507.2.2 Reduced Lighting Power Density c. 507.2.3 On-Site Supply of Renewable Energy Replace section 503.2.1 with: 503.2.1 Calculation of heating and cooling loads. Design loads shall be determined in accordance with the procedures described in the ASHRAE/ACCA Standard 183. The design loads shall include an accurate representation of the building envelope,lighting,ventilation and occupancy loads based on the specific design characteristics of the project. Heating and cooling loads shall be adjusted to account for load reductions that are achieved when energy recovery systems are utilized in the HVAC system in accordance with the ASHRAE HVAC Systems and Equipment Handbook.Alternatively, design loads shall be determined by an approved equivalent computation procedure,using the design parameters specified in IECC 2009 Chapter 3. Insert at end of section 503.2.5.1,Exceptions: 5. Building spaces where CO2 Sensors are inappropriate measures for ventilation needs because of ventilation needs other than occupant requirements. 6. Building spaces where the primary ventilation needs are for process loads. Replace sections 503.2.9 —503.2.9.3 with: 503.2.9 Mechanical systems commissioning and completion requirements. 503.2.9.1 System commissioning. Commissioning is a process that verifies and documents that the selected building systems have been designed, installed, and function according to the owner's project requirements and construction documents. Drawing notes shall require commissioning and completion requirements in accordance with this section. Drawing notes may refer to specifications for further requirements. Copies of all documentation shall be given to the owner.The building official may request commissioning documentation for review purposes. At the time of plan submittal,the building jurisdiction shall be provided,by the submittal authority, a letter of intent to commission the building in accordance with this code. 503.2.9.1.1 Commissioning plan.A commissioning plan shall include as a minimum the following items: 1.A detailed explanation of the original owner's project requirements, 101Page It 2.A narrative describing the activities that will be accomplished during each phase of commissioning,including guidance on who accomplishes the activities and how they are completed, 3. Equipment and systems to be tested, including the extent of tests, 4. Functions to be tested(for example calibration, economizer control,etc.), 5. Conditions under which the test shall be performed(for example winter and summer design conditions,full outside air, etc.),and 6. Measurable criteria for acceptable performance. 503.2.9.1.2 Systems adjusting and balancing.All HVAC systems shall be balanced in accordance with generally accepted engineering standards.Air and water flow rates shall be measured and adjusted to deliver final flow rates within 10% of design rates. Test and balance activities shall include as a minimum the following items: 1. Air systems balancing. Each supply air outlet and zone terminal device shall be equipped with means for air balancing in accordance with the requirements of Chapter 6 of the International Mechanical Code. Discharge dampers are prohibited on constant volume fans and variable volume fans with motors 10 hp (18.6 kW) and larger.Air systems shall be balanced in a manner to first minimize throttling losses then,for fans with system power of greater than 1 hp,fan speed shall be adjusted to meet design flow conditions. Exception: Fans with fan motors of 1 hp or less. 2. Hydronic systems balancing: Individual hydronic heating and cooling coils shall be equipped with means for balancing and pressure test connections. Hydronic systems shall be proportionately balanced in a manner to first minimize throttling losses,then the pump impeller shall be trimmed or pump speed shall be adjusted to meet design flow conditions. Each hydronic system shall have either the ability to measure pressure across the pump, or test ports at each side of each pump. Exceptions: 1. Pumps with pump motors of 5 hp or less. 2. When throttling results in no greater than 5% of the nameplate horsepower draw above that required if the impeller were trimmed. 503.2.9.1.3 Functional performance testing 503.2.9.1.3.1 Equipment functional performance testing. Equipment functional performance testing shall demonstrate the correct installation and operation of components,systems, and system-to-system interfacing relationships in accordance with approved plans and specifications. This demonstration is to prove the operation, function, and maintenance serviceability for each of the Commissioned systems. Testing shall include all modes of operation,including: 1.All modes as described in the Sequence of Operation, 2. Redundant or automatic back-up mode, 111 Page Fil- 3. Performance of alarms, and 4. Mode of operation upon a loss of power and restored power. Exception: Unitary or packaged HVAC equipment listed in Tables 503.2.3 (1) through (3)that do not require supply air economizers. 503.2.9.1.3.2 Controls functional performance testing. HVAC control systems shall be tested to document that control devices, components, equipment, and systems are calibrated, adjusted and operate in accordance with approved plans and specifications. Sequences of operation shall be functionally tested to document they operate in accordance with approved plans and specifications. 503.2.9.1.4 Preliminary commissioning report.A preliminary report of commissioning test procedures and results shall be completed and provided to the Owner.The report shall be identified as"Preliminary Commissioning Report"and shall identify: 1. Itemization of deficiencies found during testing required by this section which have not been corrected at the time of report preparation and the anticipated date of correction. 2. Deferred tests which cannot be performed at the time of report preparation due to climatic conditions. 3. Climatic conditions required for performance of the deferred tests, and the anticipated date of each deferred test. 503.2.9.2 Acceptance. Buildings, or portions thereof,required by this code to comply with this section shall not be issued a certificate of occupancy until such time that the ` building official has received a letter of transmittal from the building owner that states they have received the Preliminary Commissioning Report as required by Section 503.2.9.1.4•At the request of the building official, a copy of the Preliminary Commissioning Report shall be made available for review. 503.2.9.3 Completion requirements.The construction documents shall require that within 90 days after the date of certificate of occupancy,the documents described in this section be provided to the building owner. 503.2.9.3.1 Drawings. Construction documents shall include as a minimum the location and performance data on each piece of equipment. 503.2.9.3.2 Manuals.An operating manual and a maintenance manual shall be in accordance with industry-accepted standards and shall include, at a minimum,the following: 1. Submittal data stating equipment size and selected options for each piece of equipment requiring maintenance. 2. Manufacturer's operation manuals and maintenance manuals for each piece of equipment requiring maintenance, except equipment not furnished as part of the project. Required routine maintenance actions shall be clearly identified. 3. Names and addresses of at least one service agency. 121 Page 4. Allows the lighting to remain on for no more than 4 hours when an override is initiated. 5. Controls an area not exceeding 5,000 square feet (465 m2). Exceptions: 1. In malls and arcades, auditoriums, single-tenant retail spaces, industrial facilities and arenas,where captive-key override is utilized, override time may exceed 2 hours. 2. In malls and arcades, auditoriums, single-tenant retail spaces, industrial facilities and arenas, the area controlled may not exceed 20,000 square feet (186o m2). 505.2.2.1.3 Automatic daylighting controls.Automatic controls installed in day lit zones must control lights in the day lit areas separately from the non-day lit areas. Controls for calibration adjustments to the lighting control device shall be readily accessible to authorized personnel. Each daylight control zone shall not exceed 2,500 square feet. Automatic daylighting controls must incorporate an automatic shut-off ability based on time or occupancy in addition to lighting power reduction controls. Controls will automatically reduce lighting power in response to available daylight by either one of the following methods: 1. Continuous dimming using dimming ballasts and daylight-sensing automatic controls that are capable of reducing the power of general lighting in the day lit zone continuously to less than 35% of rated power at maximum light output. 2. Stepped Dimming using multi-level switching and daylight-sensing controls that are capable of reducing lighting power automatically. The system should provide at least two control channels per zone and be installed in a manner such that at least one control step shall reduce power of general lighting in the daylit zone by 30%to 50% of rated power and another control step that reduces lighting power by 65% to 100%. Stepped dimming control is not appropriate in continuously occupied areas with ceiling heights of 14 feet or lower Exception: Daylight spaces enclosed by walls or ceiling height partitions and containing 2 or fewer luminaire are not required to have a separate switch for general area lighting. Retain section 505.2.2.3 Daylight zone control. Replace section 505.2.3 with: 505.2.3 Additional Controls for specific uses a. Display/Accent Lighting—display or accent lighting shall have a separate control device. b. Case Lighting—lighting in cases used for display purposes shall have a separate control device. 141 Page Courthouse 1.2 Audience/Seating Area 0.9 Courtroom 1.9 Confinement Cells 0. Judges Chambers 1.3 Dining: Bar Lounge/Leisure 1. Lounge/Leisure Dining 1. Dining: Cafeteria Fast Food 1.4 Dining: Family 1.6 Dining 1. Kitchen 1.2 Dormitory 1.0 Living Quarters 1.1 Bedroom 0.5 Study Hall 1. Exercise Center 1.0 Dressing/Locker/Fitting Room o.6 Audience/Seating Area 0.3 Exercise Area 0.9 Exercise Area/Gymnasium 1. Gymnasium 1.1 Dressing/Locker/Fitting Room o.6 Audience/Seating Area 0.4 Playing Area 1.4 Exercise Area o. Healthcare Clinic 1.0 Corridors w atient waiting,exam 1.0 Exam Treatment 1. Emergency 2. Public&Staff Lounge 0.8 Hospital/Medical supplies 1. Hospital-Nursery o.6 Nurse station 1.0 Physical therapy o. Patient Room 0. Pharmacy 1.2 Hospital/Radiology o. Operating Room 2.2 Recovery o.8 Active storage 0.9 Laundry-Washing o.6 Hospital 1.2 Hotel 1.0 Dining Area 1.3 Guest quarters 1.1 Reception/W*ing 2.5 Lobby 1.1 Library 1.3 Library-Audio Visual o. 161Page Stacks 1.7 Card File&Cataloguing 1.1 Reading Area 1.2 Manufacturing FadIfty 1.3 Low bay(< 25 ft Floor to Ceiling Height) 1.2 High bay(>25 ft Floor to Ceiling Height) 1.7 Detailed Manufacturing 2.1 Equipment Room 1.2 Control Room 0.5 Motel 1.0 Dining Area 1.2 Guest quarters 1.1 Reception/Waiting 2.1 Motion Picture Theater 1.2 Audience/Seating Area 1.2 Lobby 1.0 Multi-Famik o. Museum 1.1 Active Storage o.8 General exhibition 1.0 Restoration 1.7 Bank Office-banking activity area 1. Office 0.9 Enclosed 1.0 Open Plan 1.0 Parking Garage 0.3 Penitentiary 1.0 Performing Arts Theater 1.6 Audience/Seating Area 2.6 Lobby 3.3 Dressing/Locker/Fitting Room 1.1 Police Stations 1.0 Fire Stations 0.8 Fire Station Engine Room o.8 Sleeping uarters 0.3 Audience/Seating Area o.8 Police Station Laboratory 1. Post Office 1.1 Sorting Area 1.2 Lobby 1.0 Religious Buildings 1.3 Lobby 1. Worship/Pulpit/Choir 2. Retailb 1.3 Department Store Sales Area 1.3 Specialty Store Sales Area 1.8 Fine Merchandise Sales Area 2.9 Supermarket Sales Area 1.3 Personal Services Sales Area 1. 171 Page iq Mass Merchandising Sales Area 1. Mall Concourse 1.7 School/University 1.2 Classroom 1.3 Audience 0. Dining 1.1 Office 1.1 Corridor 0.5 Storage 0.5 Laboratory 1.1 Sports Arena 1.1 Ring Sports Arena 2. Court Sports Arena 2.3 Indoor Playing Field Arena 1.4 Town Hall 1.1 Trans ortation 1.0 Dining Area 2.1 Baggage Area 1.0 Airport-Concourse o.6 Terminal-Ticket Counter 1.5 Reception/Waiting 0. Warehouse 0.8 Fine Material 1. Medium/Bulky Material 0,9 Workshop 14 i Replace section 5o6 with: SECTION 5o6 —TOTAL BUILDING PERFORMANCE As referenced in section 501.1,buildings establishing compliance with this appendix through total building performance shall be designed to achieve energy use per square foot equal to at least 20%below the energy requirements of ASHRAE11ESNA Standard 90.1-2oo7,Energy Standard for Buildings Except for Low-Rise Residential Buildings, Appendix G, measured by industry-accepted energy modeling. Add Section 507: SECTION 507-ALTERNATIVE PRESCRIPTIVE COMPLIANCE PACKAGES 507A Requirements. Buildings complying with the prescriptive option of section 501.4.1 shall meet the requirements of any one of the following sections: a. 507.2.1 Efficient Mechanical Equipment b. 507.2.2 Reduced Lighting Power Density c. 507.2.3 On-Site Supply of Renewable Energy 507.2.1 Efficient Mechanical Equipment This mechanical alternative compliance option is intended to allow the builder to meet the requirements of section 507 by choosing to install efficient mechanical equipment. 181 Page This section does not replace the requirements in section 503, but is one of several optional compliance packages. Mechanical equipment choices that fulfill requirements for section 507.2.1 shall comply with the following: a. Package unitary equipment shall meet the minimum efficiency requirements in Tables 507.2.1(1) and 507.2.1(2) b. Package Terminal Air Conditioners and Heat Pumps shall meet the minimum efficiency requirements in Table 507.2.1(3) c. Warm air furnaces and combination warm air furnaces / air conditioning units shall meet the minimum efficiency requirements in Table 507.2.1(4) d. Boilers shall meet the minimum efficiency requirements in Table 507.2.1(5) e. Electric chillers shall meet the energy efficiency requirements in Table 507.2.1(6) f. Absorption chillers shall meet the minimum efficiency requirements in Table 507.2.1(7) TABLE 507.2.1(1) UNITARY AIR CONDITIONERS AND CONDENSING UNITS, ELECTRICALLY OPERATED EFFICIENCY REQUIREMENTS Subcategory Or Minimum Equipment a Size Category Rating Condition Efficiencya 15.0 SEER Split system 12.5 EER < 65,00o Btu/h Single package 15.0 SEER 12.o EER z 65,00o Btu/h and Split system and 11.5 EERb Air conditioners, < 135,000 Btu/h single package 11.9 IPLVb Air cooled >_ 135,00o Btu/h and Split system and 11.5 EERb < 240,00o Btu/h single package 11.9 IPLVb 240,00o Btu/h and< Split system and 10.5 EERb 60 000 Btu single package 10.9 IPLVb >_ 760,00o Btu/h 9.7 EERb 11.o IPLVb Air conditioners, Split system and 14.o EER Water n eva orat'vel cooled single package For SI: 1 British thermal unit per hour=0.2931 W. a.IPLVs are only applicable to equipment with capacity modulation. b. Deduct 0.2 from the required EERs and IPLVs for units with a heating section other than electric resistance heat. 191 Page Pt,0 TABLE 507.2.1(2) UNITARY AND APPLIED HEAT PUMPS, ELECTRICALLY OPERATED EFFICIENCY REQUIREMENTS Equipment Size Category Subcategory Or Minimum Type Rating Condition Efficiency, Split system 15.0 SEER < 65,000 Btu/h 12.5 EER Single package 15.0 SEER 12.o EER Air cooled >_ 65,000 Btu/h and Split system and 11.5 EERb (Cooling mode) < 135,000 Btu single package 11.9 IPLVb >_135,000 Btu/h and Split system and 11.5 EERb < 240,000 Btu single package 11.9 IPLVb z 240,000 Btu/h Split system and 10.5 EERb sing]. package 1o.9 IPLVb Water source < 135,000 Btu/h 85°F entering water 14.o EER (Cooling mode) < 65,000 Btu/h Split system 8.5 HSPF "! (Cooling capacity) Single package 8.o HSPF >_ 65,000 Btu/h and 47°F db/43 0F wb 3.4 COP Air cooled < 135,000 Btu/h(Cooling outdoo oair (Heating mode) capacity) 77 F db/15 F wb 2.4 COP outdoor air 47 0F db/43 0F wb 3,1 COP z 135,000 Btu/h outdoor air (Cooling capacity) 77T db/15°F wb 2.1 COP outdoor air Water source < 135,000 Btu/h) 70°F entering water 4.6 COP (Heating mode) (Cooling capacity) For SL• °C=[(°F)-321/1.8,1 British thermal unit per hour=0.2931 W. db=dry-bulb temperature,°F;wb=wet-bulb temperature,OF a.IPLVs and Part load rating conditions are only applicable to equipment with capacity modulation. b. Deduct 0.2 from the required EERs and IPLVs for units with a heating section other than electric resistance heat. TABLE 507.2.1(3) PACKAGED TERMINAL AIR CONDITIONERS AND PACKAGED TERMINALHEAT PUMPS Minimum Equipment a Size Category Efficiency Air conditioners <Moo Btu h 11.9 EER &Heat Pumps Low Btu h and< 1o,000 Btu h 11.3 EER (Cooling Mode) io,000 Btu h and< 1 ,000 Btu h 1o. EER > 1 ,000 Btu h 9.5 EER a. Replacement units must be factory labeled as follows: "MANUFACTURED FOR REPLACEMENT APPLICATIONS ONLY: NOT TO BE INSTALLED IN NEW CONSTRUCTION PROJECTS." Replacement efficiencies apply only to units with existing sleeves less than 16 inches (406 mm)high and less than 42 inches(1o67 mm)wide. 201 Page TABLE 507.2.1(4) WARM AIR FURNACES AND COMBINATION WARM AIR FURNACES/AIR- CONDITIONING UNITS,WARM AIR DUCT FURNACES AND UNIT HEATERS EFFICIENCY RE UIREMENTS Subcategory Size Category Or Rating Minimum Equipment a (Input) Condition Efficiency Test Procedure 9o%AFUE DOE 10 CFR Part Warm air furnaces, < 225,000 Btu/h - or 9o%Et 430 or ANSI 221.47 gas fired Maximum 90%Ec, >_ 225,000 Btu/h capacity note 1. ANSI 221.47 85%AFUE DOE 10 CFR Part Warm air furnaces, < 225,000 Btu/h or 85%Et or UL727 oil fired Maximum 85 %Et, z 225,000 Btu/h capacity note 1. UL 727 Warm air duct All capacities Maximum 9o%Ec ANSI Z83.8 furnaces, as fired capacity Warm air unit Maximum heaters, All capacities 9o%Ec ANSI Z83.8 as fired capacity Warm air unit Maximum heaters, All capacities go%Ec UL 731 oil fired capacity For SI: 1 British thermal unit per hour=0.2931 W. j 1.Units must also include an IID(intermittent ignition device),have jackets not exceeding 0.75 percent of the input rating,and have either power venting or a flue damper.A vent damper is an acceptable alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space. Where there are two ratings,units not covered by the National Appliance Energy Conservation Act of 1987 (NAECA)(3-phase power or cooling capacity greater than or equal to 65,000 Btu/h[19 kW]shall comply with either rating. Et=Thermal efficiency Ec=Combustion efficiency(l00%less flue losses) Efficient furnace fan: All fossil fuel furnaces in zones 3 to 8 shall have a furnace electricity ratio not greater than 2%and shall include a manufacturer's designation of the furnace electricity ratio. TABLE 507.2.1(5) BOILER EFFICIENCY REQUIREMENTS Equipment a Size Category Minimum Efficiency < 3oo,000 Btu o%Et Gas Hot Water > 3oo,000 Btu/h and < 89%Et 2.5 mBtu Gas Steam < 3oo,000 Btu 89%Et > 3oo,000 Btu 89%Et Oil < 300,000 Btu 9o%Et > 300,000 Btu 89%Et Et=thermal efficiency 211 Page TABLE 507.2.1(5) CHILLERS- EFFICIENCY REQUIREMENTS Optional Compliance Path Required Efficiency- -Required Efficiency- Chillers Chillers With VSD Equipment Size Full Load IPLV Full Load IPLV T�Te Category (KW/Ton) (KW/Ton) (KW/Ton) (KW/Ton) Air Cooled w/ All 1.2 1.0 N/A N/A Condenser Air Cooled W/o All 1.o8 1.o8 N/A N/A Condenser Water Cooled, Reciprocating All 0.840 o.630 N/A N/A < o tons o. 8o o.600 N/A N/A Water Cooled, 90 tons and 0.730 0.550 N/A N/A Rotary Screw < 150 tons and Scroll 150 tons and 0.610 0.510 N/A N/A <3oo tons > oo tons o.600 0.490 N/A N/A < 150 tons o.610 o.620 o.630 0.400 150 tons and 0.590 0.560 o.600 0.400 Water Cooled, <300 tons Centrifugal 300 tons and 0.570 0.510 0.580 0.400 < 600 tons > 600 tons 1 0.550 0.510 0.550 0.400 a.Compliance with full load efficiency numbers and IPLV numbers are both required. b. Only Chillers with Variable Speed Drives(VSD) may use the optional compliance path here for chiller efficiency. TABLE 507.2.1(6) ABSORPTION CHILLERS -EFFICIENCY REQUIREMENTS Required Efficiency Full Load COP Equipment e (IPLV) Air Cooled, Single Effect o.6o,but only allowed in heat recovery applications Water Cooled, Single Effect 0.70,but only allowed in heat recovery applications Double Effect-Direct Fired 1-0 (1-05) Double Effect-Indirect Fired 1.20 507.2.2 Reduced Lighting Power Density. Whole Building Lighting Power Density (Watts/ft2) must be reduced by at least 1o% from the values in table 505.5.2, or as shown in table 507.2.2. 221 Page Z3 507.2.2.1 Automatic Daylighting Controls. Automatic daylighting controls shall be installed in the daylight zone and shall meet the requirements of 505.2.2.1.3. TABLE 507.2.2 REDUCED INTERIOR LIGHTING POWER ALLOWANCES LIGHTING POWER DENSITY Building Area Typea, Reduced whole building( fI2) Automotive Facility 0.8 Convention Center 1.1 Court House 1.1 Dining: Bar Lounge/Leisure 1.2 Dining: Cafeteria Fast Food 1. Dining: Family 1.4 Dormito 0.9 Exercise Center 0.9 Fire Station o. Gymnasium 1.0 Healthcare-Clinic 0.9 Hospital 1.1 Hotel 0.9 library 1.2 Manufacturing Facility 1.2 Motel 0.9 Motion Picture Theater 1.1 Multi-Family o.6 Museum 1.0 Office o.8 Parking Garage 0.3 Penitentiary 0.9 Performing Arts Theater 1.4 Police o. Post Office 1.0 Religious Building 1.2 Retailb 1.2 School/University 1.1 Sports Arena 1.0 Town Hall 1.0 Transportation o. j Warehouse 0.7 Workshop 1.3 See IECC 20og Table 505.2 for notes and exception. 507.2.3 On-site Supply of Renewable Energy The building or surrounding property shall incorporate an on-site renewable energy system that supplies 3% or more of total building electrical loads. On-site power generation using nonrenewable resources does not meet this requirement. 231 Page The jurisdiction shall be provided with an energy analysis that documents the renewable energy contribution to the building or a calculation demonstrating that the on-site supply of renewable energy: a) Is capable of providing at least 3 percent of the total energy load of the building, or b) Has an installed maximum generating capacity equal to or greater than 0.50 watts per square foot of usable floor space. Insert IECC 2009 Chapter 6 —Referenced Standards 24 Page Cn 4.137 Floodplain District 1. STATEMENT OF PURPOSE The purpose of the floodplain District is to: a. Ensure public safety through reducing the threats to life and personal injury. b. Eliminate new hazards to emergency response officials; c. Prevent the occurrence of public emergencies resulting from water quality, contamination,and pollution due to flooding. d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; e. Eliminate costs associated with the response and cleanup of flooding conditions; f. Reduce damage to public and private property resulting from flooding waters. 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district.The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code,780 CMR 120.q"Flood Resistant Construction"and any other applicable local, f—oeleted:section 3107 l - --- - - -- state or federal requirements.The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map(FIRM)issued by the Federal Emergency Management Agency(FEMA)for the administration of the NEIP dated June 2, 1 993 as Zone A,AE,AH,AO,A99,which indicate the 100 year regulatory (Deleted:and the FEMA Flood flood lain.The exact boundaries of the District may be defined b the 100- ear base Boundary&Flood Floodway Map dated June 2, . p Y Y Y 1993,both maps flood evaluations shown on the FIRM and further defined by the Flood Insurance study _ booklet dated June 2, 1993. The FIRKand Flood Insurance Study booklet are (Deleted:,Floodway Maps j incorporated herein by reference and are on file with the Town Clerk,Planning Board, Building and Conservation Commission. -- - - _------- . - - Deleted:Of vial,-- --- - 1 3. BASE FLOOD ELEVATION AND FLOODWAY DATA a. Floodway Data. In Zone A,AH,A99 and AE,along watercourses that have not had a regulatory floodway designated,the best available Federal, State, local or other floodway data as determined by the Building Inspector, in consultation with the Director of the Division of Public Works,shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. Base Flood Elevation Date.Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres,whichever is the lesser,within unnumbered A zones. c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be determined to be outside the flood plain district by the Building Inspector,in consultation with the Director of the Division of Public Works,if an accurate topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the flood plain contour elevation does not occur in any area of proposed buildings,structures, improvements, excavation,filling,paving,or other work activity.The person requesting the determination shall provide any other information deemed necessary by the Building Inspector,in consultation with the Director of Division of Public Works to make that determination. If the Building Inspector,in consultation with the Director of the Division of Public Works,determines that the Flood Insurance Rate Maps are in error,the subject area shall not be regulated as occurring within the Flood Plain District,and any such determination shall be noted on the Flood Insurance Rate Maps.Nothing in this section shall prohibit the Conservation Commission,Board of Health,or other Town officials or Board from making non-zoning determinations of the flood plain or performing their official duties. 4. NOTIFICATION OF WATERCOURSE ALTERATION If a landowner or project proponent proposes to alter or relocate any watercourse,that person shall notify the following parties and provide evidence of such notification to every town board or official who has jurisdiction over such alteration or relocation prior to or at the time of applying for any approval that is required to perform such alteration of relocation: a. Notify in a riverine situation,the following of any alteration or relocation of a watercourse: I. Adjacent Communities 2. Bordering States 3. NFIP State Coordinator Massachusetts Office of Water Resources 251 Causeway Street Suite 600-700 Boston,MA 02114-2104 4. NFIP Program Specialist FEMA Region I,Rm. 462 J.W.McCormick Post Office&Courthouse Boston,MA 02109 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts.All development in the district, including structural and non-structural activities,whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120. "Flood Resistant Deleted:3107.0 a Construction'); b. Wetlands Protection Regulations,Department of Environmental Protection(DEP) (currently 310 CMR 10.00); c. Inland Wetlands Restriction,DEP(currently 302 CMR 6.00); d. Coastal Wetlands Restriction,DEP(currently 302 CMR 4.00); e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15,Title 5); £ Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. I To see if the Town will vote to amend Chapter 45, Public Safety, Chiefs of Police and Fire Departments by adding the following sentence at the end of Section 45-3 Appointment Process: "In the event that a Fire Chief or Police Chief chosen pursuant to this section shall retire,resign or otherwise terminate employment as the Chief within three years after appointment,the Board of Selectmen may use the results of the assessment center selection process that was used in selecting that Chief in selecting a replacement Chief,provided all candidates who apply to replace the Chief participated in that assessment center selection process." or take any other action related thereto. �I i I I An Act Providing for the Establishment of Other Post Employment Benefits Liability Trust Funds in Municipalities and Certain Other Governmental Units. Effective Januanj 10, 2009. Adds a new local option section, Section 20, to G.L. c. 32B, which governs group health insurance for active and retired employees of local governmental entities. The new option allows a city, town, district, county or municipal lighting plant to set up a special trust fund,the Other Post Employment Benefits (OPEB) Liability Trust Fund, for appropriations made to cover its unfunded actuarial liability of health care and other post-employment benefits for its retirees. Reimbursements received by the governmental entity from the federal Medicare program for covering retiree drug costs (Medicare Part D) may be credited to the fund as well. Acceptance is by vote of town meeting in a town,city council in a city having a Plan D or Plan E charter, city council with the approval of the mayor in any other city, the governing board in a district, county commissioners in a county and board for a municipal lighting plant. Previously, municipalities had to obtain special acts to create an OPEB trust fund. The governmental entity must retain an actuary to establish a funding schedule. The schedule must be reviewed and approved by the Public Employee Retirement Administration Commission's (PERAC's) actuary. In addition, the schedule must be reviewed every three years by the chief executive officer of the entity and any update must be reviewed by PERAC's actuary as well. The governmental entity is not required to make appropriations into the fund according to the schedule, but any appropriations made are held in trust for OPEB obligations. The governmental unit's treasurer is the custodian of the fund or in the case of a light plant, an officer designated by the board. Investment of fund monies by the custodian must be consistent with the prudent person standard set forth in G.L. c. 203C for private trust funds. Interest earned on the investment of fund monies belongs to the fund. Chapter 479 of the Acts of 2008 AN ACT PROVIDING FOR THE ESTABLISHMENT OF OTHER POST EMPLOYMENT BENEFITS LIABILITY TRUST FUNDS IN MUNICIPALITIES AND CERTAIN OTHER GOVERNMENTAL UNITS. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a local option for municipalities and certain other governmental units to establish certain trust funds, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Chapter 32B of the General Laws is hereby amended by adding the following section:- Section 20. A city, town, district, county or municipal lighting plant that accepts this section, may establish a separate fund, to be known as an Other Post Employment Benefits Liability Trust Fund, and a funding schedule for the fund. The schedule and any future updates shall be designed, consistent with standards issued by the Governmental Accounting Standards Board, to reduce the unfunded actuarial liability of health care and other post-employment benefits to zero as of an actuarially acceptable period of years and to meet the normal cost of all such future benefits for which the governmental unit is obligated. The schedule and any future updates shall be: (i) developed by an actuary retained by a municipal lighting plant or any other governmental unit and triennially reviewed by the board for a 10/12/2009 mi knicipal lighting plant or by the chief executive officer of a governmental unit; and (ii) reviewed and approved by the actuary in the public employee retirement administration commission. The board of a municipal lighting plant or the legislative body of any other governmental unit may appropriate amounts recommended by the schedule to be credited to the fund. Any interest or other income generated by the fund shall be added to and become part of the fund. Amounts that a governmental unit receives as a sponsor of a qualified retiree prescription drug plan under 42 U.S.C. 1395w-132 may be added to and become part of the fund. The custodian of the fund shall be: (i) a designee appointed by the board of a municipal lighting plant; or(ii) the treasurer of any other governmental unit. Funds shall be invested and reinvested by the custodian consistent with the prudent investor rule set forth in chapter 203C. This section may be accepted in a city having a Plan D or Plan E charter by vote of the city council; in any other city by vote of the city council and approval of the mayor; in a town by vote of the town at a town meeting; in a district by vote of the governing board; in a municipal lighting plant by vote of the board; and in a county by vote of the county commissioners. Approved January 10, 2009 I I From: O'Neil, Maura A. Sent; Tuesday, October 06, 2009 10:38 AM To: Kingsley, Frederick Subject: FW: Retiree's Health insurance i Hi Rick, Ellis thought you could answer this question. Maura I i From: O'Neil, Maura A. Sent: Thursday, October 01, 2009 1:20 PM To: Fitzpatrick, Ellis Subject: FW: Retiree's Health insurance Ellis, Do you know anything about this? Maura From: GiustiHingstonCo @aol.com [mai Ito:Giusti HingstonCo @aol.com] Sent: Monday, September 28, 2009 5:44 PM To: O'Neil, Maura A. Subject: Retiree's Health insurance Hi Maura, I hope all is well with you. I haven't seen you in a while. I have heard that the Legislature passed something (irrevocable trust?)for municipalities to use if they are funding their (GASB 45) unfunded liability. Is that true? 10/12/2009 Proposed General Bylaw amendment to allow the North Andover Housing Trust Board of Trustees to sell, lease, exchange, transfer or convey any real property with the approval of the Board of Selectmen. Article Amend North Andover General Bylaw—Chapter 28, Section 28-5fu To see if the Town will vote to amend the Town of North Andover General Bylaw, Chapter 28, Section 28-50) in order to allow the Board of Trustees to sell, lease, exchange, transfer or convey real property with approval by the Board of Selectmen and not require Town Meeting approval. Amend Section C by deleting the underlined language and to read as follows: CHAPTER 28 HOUSING TRUST FUND § 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: i A. With the approval of the Board of Selectmen, to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from the General Laws Chapter 44B. B. With the approval of the Board of Selectmen, to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; C. With the approval of the Board of Selectmen and Town Meeting, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; 13 SS 5C"usf TOWN OF FORTE][ ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw,CMMC Telephone(978) 688-9501 Town Clerk Fax (978)688-9557 E-mail jbr�idsha�r�i tmvnufnorth�ndovcr.com This is to certify that the following vote on Article 41 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 14, 2007, May 15,2007, May 21, 2007 and June 4,2007: Article 41. Petition the General Court — Exempt Positions of Police Chief and Fire Chief from Civil Service. VOTED to authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact a Home Rule Petition exempting the positions of Police Chief and Fire Chief from Massachusetts General Law, Chapter 31, Civil Service, and upon approval of said Home Rule Petition, the following shall become a bylaw of the Town of North Andover: Chapter 45 Public Safety, Chiefs of Police and Fire Departments § 45-1 Exemption from Civil Service Notwithstanding the provisions of any general or special law to the contrary, the provisions of chapter 31 of the General Laws shall not apply to the positions of Police Chief and Fire Chief in the Town of North Andover. i § 45-2 Incumbent Status Section 1 shall not impair the civil service status of any person holding the position of Police Chief or Fire Chief on the effective date of this bylaw. § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and o Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. Board of Selectmen VOTED MAY 21, 2007 I YES 65 NO 58 NORTH H O E•(t ton 6 �O ',. p M ^ 1 M�SSACHUSEt�S INTEROFFICE MEMORANDUM TO: Mark Rees DATE: February 18, 2010 Town Manager FROM: Ray Santilli Assistant Town Manager/HR Director SUBJ: Assessment Center for Fire Chief Position The Request for Quotes (RFQ) for an `Assessment Center for Fire Chief Position' was issued on January 19, 2010. Addenda#1 to the RFQ was issued on February 3, 2010. The Addenda responded to a number of questions raised by interested vendors as well as establishing that the Assessment Center would be undertaken for one internal candidate. The deadline for submission of proposals was February 12, 2010. i A total of seven(7)proposals were received in response to the RFQ (see attached summary). Several vendors specified differing prices based on the number of candidates although most of the proposals received did not delineate their proposed price based on a specific number of candidates. Based on a review of the seven proposals, it is recommended the contract to conduct an `Assessment Center for Fire Chief Position' be awarded to MMA Consulting Group, Inc. in the amount of$2,750 for one candidate. Attached is a copy of the proposal submitted by MMA Consulting Group, Inc. Attachments (2) I Assessment Center for Fire Chief Position Vendor#1 Emergency Response Systems 7 Bonnie Lane Kingston, MA 02364 Austin R. Sennett, President 781-585-8572 $ 9,520 (not including a standardized written aptitude test) $ 10,470 (to include a standardized written aptitude test) Vendor#2 Municipal Resources, Inc. 120 Daniel Webster Highway Meredith,NH 03253 Alan Gould, Vice-President 603-279-0352 $ 7,650 for up to 5 candidates (not including a standardized written aptitude test) $ 8,750 for 6-8 candidates (not including a standardized written aptitude test) $ 9,400 for 9-10 candidates (not including a standardized written aptitude test) $ 8,975 for up to 5 candidates (to include a standardized written aptitude test) $ 10,075 for 6-8 candidates (to include a standardized written aptitude test) $ 10,725 for 9-10 candidates (to include a standardized written aptitude test) i Vendor#3 L.J. Craig &Associates, Inc. P.O. Box 1628 Boca Raton, FL 33429 Dr. Linsey C. Willis, President 561-750-8669 $ 9,591 (not including a standardized written aptitude test) No quote for a process to include a standardized written aptitude test Vendor#4 Jack Clancy Associates 1104 Corporate Way Sacramento, CA 95831 Matthew L. Gruver, Principal 916-684-8891 $ 9,250 (not including a standardized written aptitude test) $ 9,750 (to include a standardized written aptitude test) Vendor#5 DIJ Consulting Company 90 Twinbrooke Drive Holden, MA 01520 Donald Jacobs, President 508-829-2254 $ 5,000 (not including a standardized written aptitude test) $ 5,500 (to include a standardized written aptitude test) I Vendor#6 Resource Management Associates 17037 South Oak Park Avenue Tinley Park, IL 60477 I Charles D. Hale, President 708-444-2326 $ 4,700 (not including a standardized written aptitude test) $ 5,200 (to include a standardized written aptitude test) Vendor#7 MMA Consulting Group, Inc 1330 Beacon Street Brookline, MA 02446 Mark E. Morse, President 617-232-2190 $ 2,750 for 1 candidate (not including a standardized written aptitude test) No quote for a process to include a standardized written aptitude test * These proposals did not delineate their proposed price based on a specific number of candidates. NORTH ANDOVER, MASSACHUSETTS REQUEST FOR QUOTES FIRE CHIEF ASSESSMENT CENTER SERVICES i FEBRUARY 12, 2010 MMA CONSULTING GROUP, INC. 13 30 BEACON STREET, SUITE 349 BROOKLINE, MASSACHUSETTS 02446 M m a c o n s u l t i n g g r o u p i n c 1330 beacon street brooklinc massachusetts 617-c'3E-2190 February 9, 2010 Town Manager's Office North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Fire Chief Assessment Cetlter Dear Sir: MMA Consulting Group, Inc., is pleased to submit this Quote for the Development and Administration of an Assessment Center. Our response reflects your addendum 'on of Fire Chief. Based on your indicating that there is only one candidate for the posits 5 requirements of five specific exercises we have proposed an assessment center which is consistent with the Gtitidelines and Ethical Considerations forAssessment Center Operations, endorsed by the 34"' International Congress on Assessment Center Methods (2008), MI\,IA Consulting Group, Inc. offers: 1. EXPERIENCE WITH CHIEF OFFICER SELECTION PROCESSES MMA Consulting Group, Inc., has conducted numerous Assessment Centers for public safety executives.We have assisted with the selection of fire chiefs, deputy fire chiefs, district fire chiefs, and other fire officers in a number of Massachusetts communities, including Amherst, Arlington, Bourne, Easton, Framingham,Franklin,Hull,Leominster, Lynn, Natick,Needham,North Andover, North Attleborough, North Reading, Plymouth, Salem, Watertown, and Woburn. We have also assisted communities in Connecticut, New Hampshire, and New York with the selection of fire department officers. 2. EXPERIENCE WITH ASSESSMENT CENTERS MMA Consulting Group, Inc., has conducted Assessment Centers for more than 20 years.In the development of Assessment Centers,we follow the Guidelines atld Ethical Considerations for Assessment Center Operations, endorsed by the 34`' International Congress on Assessment Center Methods (2008), to ensure a valid and reliable examination process.MMACGhas conducted Assessment Centers for Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, and Fire Lieutenant. hi addition, we have conducted Assessment Centers for all ranks in police departments. 3. CREATIVE AND UNIQUE SELECTION PROCESSES Our Assessment Centers are creatively developed and professionally administered. MMACG develops customized processes to meet the needs of our clients.We will develop customized exercises,including a tactical exercise specific to the Fire Chief position in North Andover. 4. PUBLIC SAFETY EXPERIENCE MMA Consulting Group,Inc.,has conducted public safety management consulting projects in more than 20 states. We conduct police, fire, and emergency medical service studies, and other public safety related studies. We have recently completed public safety assignments in Massachusetts, Connecticut, New Hampshire, Vermont, and New York. 5. HUMAN RESOURCES EXPERIENCE MMA Consulting Group, Inc., has extensive experience in human resources. We have conducted several hundred personnel projects,including classification and compensation studies, recruitment and selection assignments, examination projects, development of policies, and numerous specialized assignments. We would welcome the opportunity to assist the Town of North Andover. V 7 truly yours, Mar E. M e Pre ht �I NORTH ANDOyfiR,NIASSACHUSE 'RS I. ASSESSMENT CENTER PROCESS MMA Consulting Group,Inc.,proposes to assist the Town of North Andover with the selection of a Fire Chief. Pursuant to Addendum #l, this quote assumes that it will be necessary to conduct an Assessment Center and provide a report of results. Additional services, Including a review of applications, oral interview and written aptitude test can be provided for a negotiated hourly, or fixed, fee. PRELIMINARY ASSESSMENT CENTER ACTIVITIES The following preliminary tasks must be completed to ensure an effective Assessment Center process. 1. Review Background In fornnation (Job Analysis). We review background information on the Fire Department and the Town. We examine information, such as organization charts, union contracts, schedules, job descriptions, staff rosters, annual reports, demographics, and other data. We also review basic information regarding community characteristics.The result of this effort is an analysis identifying the characteristics desirable for the position of Fire Chief. 2. Meet with Department Officials. We confer with Department officials to discuss the nature of the fire department and the type of skills and abilities which are sought in the position of Fire Chief. A fire professional mill be responsible for the assessment of technical competencies and meeting with Department officials. ASSESSMENT CENTER DEVELOPMENT AND ADMINISTRATION The final content of the Assessment Center is developed based on the needs of the Department. The following steps are followed to develop the Assessment Center. 1. Schedule the Assessment Center. The Assessment Center will be scheduled to ensure that the examination process is completed promptly. 2. Develop Assessment Center Exercises. Based on the information gathered, exercises will be developed to reflect the desired competencies.Assessment Center exercises must be designed to test administrative, supervisory, leadership, and management competencies. The Assessment Center is developed based on the,job analysis and discussions with town officials. l AVVIA CONS[II.TIm;GROUP,INC. I NORTH ANDOI ER IIl ASSACHUSETT,S 3. Develop Exercises. As exercises are developed, we confer with officials to ensure that our work meets the needs of the Town. The exercises are designed to reflect the Fire Department in the Town of North Andover. The tactical exercise requires on-site work by a consultant to review operational practices, and identify the appropriate type of incident for a candidate for Fire Chief. 4. Select Assessors. A panel of assessors is typically selected by MMA Consulting Group,Inc.Assessors must possess professional credentials and fully understand the Assessment Center process. We typically select professionals whom we have worked with previously to ensure that assessors are appropriately trained. Assessors must have strong observation skills. We do not use employees of ARL4 Consulting Group, Inc., as assessors to avoid any potential conflict.For example,the exercise coordinators know the names and backgrounds of candidates, but this information must not be shared with assessors, to avoid bias in the assessor evaluation process. S. Prepare the Assessment Center Guide. We develop an Assessment Center Guide and distribute it to the assessors. This guide contains the exercises, the detailed schedule of activities, the evaluation framework, role players' instructions, and candidate instructions. The evaluation process is described. G. Adininister the Assessment Center.Administration of the Assessment Center requires careful preparation. The exercise coordinators, role players, and assessors must be thoroughly prepared for the Assessment Center. We also suggest that the Town Manager and/or the Assistant Town Manager observe the Assessment Center process. ► Prior to the Assessment Center, a candidate orientation session is conducted. The exercise coordinator describes the process in detail. Questions are answered and exercises are discussed. ► Assessors (who are prepared before the Assessment Center) participate in an assessor orientation to ensure they understand their roles and responsibilities. l MINA CONSULTING GROUP,INC. 2 NORTHANDoI ER,M,.AssAClIUSETTs The on-site administration requires the management of time and the assessor evaluation process. i 7. Repoil Results. Results are provided at the conclusion of the Assessment Center and a written report is provided to the appointing authority. I i i I .y NIMA CONSULTING GROUP, INC. 3 NORTHANDOI,ER, A/].-1SSAClJus=- S IL QUALIFICATIONS OF MMA CONSULTING GROUP, INC. MM.A Consulting Group,Inc.,is a full-service organization dedicated exclusively to serving the needs of local governments by providing independent, objective management advisory services since 1989. Our practice covers all major functions of local government, including local organization, financial management, public safety,public works,interlocal cooperation,strategic planning,government relations, personnel management, and executive recruitment. Each year, MMA Consulting Group provides professional services to approximately 80 governmental clients.Some of our public safety clients have been Queen Anne's County, Maryland; Sioux City, Iowa;Perth Amboy,New Jersey;Evansville,Indiana;North Platte,Nebraska; Charlotte, North Carolina; Decatur, Illinois; Jefferson Parish, Louisiana; Buffalo, Oswego, Rochester, Watertown, Corning, and Colonie, New York; Sapulpa, Oklahoma; Boston, Chelmsford, Quincy,Somerville,Harwich,and Stoneham,Massachusetts;Providence, Warwick, and Cumberland, Rhode Island; Joplin and Des Peres, Missouri; Derry and Lebanon, New Hampshire; New Haven, West Haven, Wilton, and West Hartford, Connecticut; Honolulu, Hawaii; Houlton, Maine; Burlington, Vermont; and others. i We perform a variety of recruitment and selection related assignments annually. We assist communities in the selection of town managers and administrators,police chiefs, fire chiefs, personnel directors, public works directors and other municipal executive positions. Some of our fire and police department selection processes have been conducted in Amherst (fire chief),Auburn(police chief), Belmont (police chief), Billerica (police chief), Bolton(police chief), Bourne (fire chief), Carver (police chief), Chelmsford (police lieutenant), Dalton (police chief), Dennis (fire chief and police chief),Eastham(police chief),Easton(fire chief),Essex(police chief),Falmouth(police sergeant, captain, and chief),Framingham(fire chief),Franklin(fire chief, deputy fire chief,lieutenant, and captain), Groton(police chief),Hull(fire chief, deputy fire chief, fire captain), Leominster (fire chief, deputy fire chief, fire lieutenant, and police sergeant), Lexington (police captain), Lynn (police chief, deputy fire chief), Malden (police chief), Mansfield (fire lieutenant), Natick (fire chief), Needham (fire chief, deputy fire chief, and police chief),North Attleborough(fire chief,police captain, and police chief), Norton(police chief), Oxford (police chief), Plymouth(deputy fire chief, fire chief), Revere (police chief structured oral panel), Salem (police chief, fire chief, and police captain, lieutenant, and sergeant), Sandwich(police chief), Southborough (police chief), Springfield (deputy chief and police chief), Stoughton (fire chief), Tyngsborough(police chief),Watertown(fire chief and police chief),Wakefield(police chief),Wellesley(fire chief),Westford(police chief),Weymouth(police chief),Weston 0 It'MA CONSULTING GROUP,INC. 4 NOR7'l1 ANDOVER, MASSACHUSETTS (police chief), Westwood (police chief, deputy fire chief, fire lieutenant), Winchester (fire chief and police chief), Woburn (fire chief), and others. In addition to assisting Massachusetts cities and towns with the selection of fire chiefs and chief officers,we have assisted communities in New Hampshire, NeNA7 fork, and Connecticut. In addition to our Assessment Centers, oral panels and recruitment and selection work, MMA Consulting Group, Inc., has, in recent years, conducted more than 100 public safety studies in approximately 20 states. CONSULTANTS ASSIGNED TO THE PROJECT Our project team includes consultants with a combination of expertise: Mark Morse, Philip McLaughlin, Gary McCarraher, Perry Plummer, and Gary Allyn. CONSULTANT RESPONSIBILITY M. Morse Exercise development & Assessment Center administration P. McLaughlin Subject matter expert & review of materials G. McCarraher Subject matter expert, Assessment Center exercise development & Assessment Center administration P. Plummer Subject matter expert & Assessment Center exercise development G. Allyn Subject matter expert & Assessment Center- exercise development MARK E.MORSE PRESIDENT,MMA CONSULTING GROUP, INC. Mark E. Morse will serve as project director. He has 30 years of professional experience providing technical assistance to cities and towns. Mr. Morse has been responsible for providing advice to 400 local governments on management, organizational and personnel issues. He has worked for many charter commissions and local government study committees. He has extensive experience designing personnel systems, writing personnel policies, working with Civil Service,recruiting municipal executives, organizing Assessment Centers, preparing affirmative action plans, and conducting classification and compensation studies. Mr. Morse has also assisted cities and towns in the recruitment and selection of police chiefs, fire chiefs, town managers, personnel directors and public works directors. Mr. Morse has supervised and participated in 100 public safety studies. He has worked extensively with the development and administration of Assessment Centers. Some of his fire chief selection assignments have been in Amherst, Easton, Franklin, Leominster, Dennis, Needham, North Attleborough, Salem, Watertown, Woburn, 0 MMA CONSULTING GROUP,INC. 5 NORTH ANDOVFR ]WASSACHUSETTS Waterbury(Comlecticut),and Watertown(New York).Air. Morse has worked with police chief selection committees in several communities in Massachusetts. He has been involved with the recruitment and selection of 60 Massachusetts fire and police chiefs. He is also frequently called upon by local officials to address Civil Service related issues. Mr. Morse holds a Master's Degree in Public Administration, a Juris Doctor Degree, and is a member of the Massachusetts Bar. PHILIP MCLAUGHLIN FIRE SERVICE AND EMS CONSULTANT Chief McLaughlin has 35 years of professional experience with the Fire Department in Philadelphia, Pennsylvania. He served as the Deputy Conunissioner, second in command of the Department, responsible for operations. Prior to his promotion, he held the rank of Deputy Chief, Emergency Medical Services Division, where he had responsibility for coordination and control of the Emergency Medical Services for the City of Philadelphia.While Deputy Chief,Emergency Medical Services Division, Chief McLaughlin directed the revamping of the entire pre-hospital service delivery structure. He was also responsible for developing a resource reallocation program designed to reduce spending. As a result of budget cuts in Philadelphia, he has been involved with numerous station closings and personnel reallocation decisions. During his eight years as a Deputy Chief,he served as Deputy Chief, 1st Division, Firefighting Forces (650 firefighters), and Deputy Chief, Staff Services. He was responsible for various analytical studies within the Department and for the restructuring of the Department's EMS services, including the development of the first lateral entry program to recruit and select new paramedics in the Department's history. He oversaw the certification and recertification of 1,100 EMTs and the CPR certification of 2,600 firefighters.He has also been responsible for planning,training and implementation of a first responder program for 61 engine companies and 32 ladder companies. He has been responsible for the coordination and training of 5 5 fire dispatchers for enhanced call screening protocols and the development of EMS operational procedures for medical emergencies. Chief McLaughlin teaches several courses each year for the National Fire Academy, and is frequently called upon to evaluate emergency preparedness of fire/rescue departments. Chief McLaughlin has worked with Mr. Morse over the last 20 years on dozens of consulting projects.He has completed consulting assignments 0 ATAIIA CONSULTING GROUP,INC. 6 NORTH ANDOVE]t MASS=ACHUSETTS in New York, New Jersey, Massachusetts, Rhode Island, New Hampshire, Maine, Connecticut, North Carolina, Pennsylvania, Hawaii, Illinois, Iowa, Indiana, Maryland, Nebraska,Missouri, and others.Mr.McLaughlin is actively involved with training and testing of emergency management capabilities of local governments. GARY B.MCCARRAHER FIRE AND RESCUE CONSULTANT Chief McCarraher has 33 years of fire and rescue experience, 24 of which have been as a chief officer. He has been an active firefighter in Pennsylvania, North Carolina, Massachusetts, and New Hampshire. He served as a firefighter/EMT, a fire lieutenant, a deputy fire chief, and a fire chief in three fire departments.He has been responsible for providing fire suppression, emergency medical services at the Advanced Life Support level,code compliance,public education,and communications services. He has managed budget preparation, siting and construction of new fire stations, administration of collective bargaining agreements, and development of innovative promotional processes for fire officers. He has been very active in emergency management planning. Chief McCarraher is active in various associations and is a proponent of improved conununications by regionalization. He has been involved in the fire department accreditation process and has served on peer accreditation teams. He holds Associate's Degrees in Fire Science Technology and Industrial Safety and Health Technology, a Bachelor's Degree in Fire and Emergency Management, and a Master's Degree in Public Administration.He is also a graduate of the National Fire Academy's Executive Fire Officer Program. PERRY PLUMMER FIRE AND RESCUE CONSULTANT Chief Plummer has 20 years of fire and rescue experience, 12 of which have been as a chief officer. He served as a firefighter/EMT-1, engineer, fire lieutenant, captain, assistant chief, and fire chief. He has been responsible for providing fire suppression and emergency medical services at the Advanced Life Support level to a city of 28,000 population. He has supervised a sworn workforce of more than 50 personnel.He has managed a budget of more than$5 million, administered collective bargaining agreements, and developed plans for relocation of fire stations. He has also served as an acting City Manager. Chief Plummer has been active with the State of New Hampshire Fire Standards and Training Council, and has extensive experience developing promotional 0 MMA CONSULTING GROUP,INC. 7 NORTH ANDOHTR,MASSACHUSETTS processes for fire officers. He has served as an Assessment Center assessor for numerous command selection processes. He is a nationally registered EMT-I (intermediate), and an EMT instructor. He has had extensive training at the National Fire Academy and the University of Maryland. He holds numerous fire service certifications, including Company Officer Levels 1 and 2 (NFPA 1021), Firefighter Levels 1, 2 and 3 (NFPA 1001), and Fire Instructor (NFPA 1041). He is also a Certified Driver/Operator (fire pump) and a Certified Hazmat Technician. He has been active in community affairs and has served on a city planning board. He has recently worked with MMACG assessing the impact of a proposed housing development on fire and EMS services. He has worked, also with MMACG, on the selection of fire chiefs, deputy fire chiefs, and company fire officers. GARY ALLYN FIRE SERVICE AND EMS CONSULTANT Gary Allyn has 30 years of professional experience as a firefighter and command officer. He has been responsible for the delivery of municipal fire and emergency medical services.He has held several positions in the West Hartford, Comnecticut Fire Department, including Assistant Chief for Planning and Assistant Chief for Operations. He has also served as the coordinator for regional hazardous materials response in Connecticut. He has extensive experience responding to fire and emergency medical incidents. Chief Allyn has been involved in selection and promotional processes, including Assessment Centers for Fire Chief, Deputy Fire Chief, Battalion Chief, Captain, and Lieutenant. He has extensive experience developing exercises for training purposes and for examination and Assessment Centers purposes.He recently completed several tactical and operational exercises used in examination processes for chief and company officers, for MMA Consulting Group, Inc. Chief Allyn is a paramedic and maintains his skills by working a number of shifts each month as a paramedic. He has also served as a member of an elected public safety commission with responsibility for fire, police and emergency medical services for a town of 20,000 population. He is a graduate of the Executive Fire Officers program and has extensive fire and rescue training. NIMA CONSULTING GROUP,INC $ NORTH ANDOVER, MA.SSAC IUSETTS PROJECT REFERENCES REFERENCE PHONE ASSESSMENT CENTER Philip Lemnios 781-925-2000 Fire Chief Assessment Center(2008) Town Manager, or Deputy Fire Chief Assessment Center(2008) Robert Hollingshead Fire Chief Hull, Massachusetts 781-925-0540 Elizabeth Dennis 508-455-7530 Fire Chief Assessment Center(2008) Personnel Director (Ms. Dennis observed more than 20 Civil Service Needham, Massachusetts Assessment Centers conducted by MMA Consulting Former Personnel Director Group, Inc., in her position with HRD from 1995 to 2003.) Natick, Massachusetts Greg Balukonis 978-644-6010 Fire Chief Assessment Center(2008) Town Administrator Police Chief Assessment Center(2008) l North Reading, Massachusetts Joseph P. Driscoll 781-586-6878 Police Chief Assessment Center(2009) Director of Personnel Deputy Fire Chief Oral Panel (2009) Lynn, Massachusetts Edward Bradley 508-830-4213 Deputy Fire Chief Assessment Center(2009) Fire Chief, or Police Chief Assessment Center(2008) Roberta Kety Human Resources Director 508-747-1620 Plymouth, Massachusetts x102 Tom Guerino 508-759-0600 Police Chief Assessment Center(2008) Town Administrator Fire Chief Assessment Center(2007) Bourne, Massachusetts Kate Fitzpatrick 781-455-7512 Police Chief Assessment Center(2004) Town Administrator Fire Chief Selection Services (2004) Needham, Massachusetts Police Lieutenant Selection Process (2007 and 2008) Deputy Fire Chief Selection Process (2008) Maribel Fournier 978-567-3139 Fire Chief Assessment Center(2004) Director of Administration Deputy Fire Chief, Fire Lieutenant Assessment Centers Department of Fire Services (2005, 2007) Comm. of Massachusetts Police Sergeant Assessment Centers (2006 and 2007) Former Human Resources Dir. Leominster, Massachusetts A number of fire and rescue professionals are familiar with our work and have served as assessors for Assessment Centers, including: James Tutko Mark Pare Paul Brodeur Michael Quill Fire Chief Fire Chief Fire Chief Mayor and former Danvers, Massachusetts Wrentham, Massachusetts Falmouth, Massachusetts Fire Chief 978-774-242 508-383-5459 508-457-2538 Auburn, New York Former Assistant Chief 315-246-5778 Providence, Rhode Island NIMA CONSULTING GROUP,INC. 9 NORTH ANDOVF_R,1VIAS,SACHUSE7I'S APPENDIX ASSESSMENT CENTER DESCRIPTION ©2010.All rights reserved. The following materials may not be reproduced, in whole or in part, by any process, without the written permission of MMA Consulting Group, Inc. I An Assessment Center is a process to test and evaluate the leadership, administrative, and management shills of executives, managers, and supervisors. In an Assessment Center, candidates participate in a series of exercises and are then evaluated on their performance in each exercise, using a series of predetermined criteria, often called competencies. There are several parties present at an Assessment Center: ► Exercise coordinators-Members of MMA Consulting Group,Inc.,will develop and administer the exercises and ensure fair treatment of all candidates. ► Candidates - The selected number of candidates will participate in the exercises and are subject to the evaluation process. ► Assessors-Assessors are those persons selected to evaluate the performance of the candidates. A panel of assessors typically consists of three persons with specific professional qualifications. ► Department observers - Department officials may be present to observe the Assessment Center process. The Assessment Center process and method have a long history of research and documentation to support the underlying framework. Thus, to conduct a valid Assessment Center, it is important that the consultant follow the Guidelines and Ethical Considerations for Assessment Center Operations, endorsed by the 34`h International Congress on Assessment Center Methods (2008). These guidelines define the standards which must be followed in the development of an Assessment Center. �' MMA CONSULTING GROUP,INC. j 0 NORTH Am)oym, MASSACHUSETTS EXAMPLES OF ASSESSMENT CENTER EXERCISES There are a number of possible Assessment Center exercises. The type of exercise and its complexity are a function of the position for which the Assessment Center is undertaken. The actual design of exercises depends on the competencies that are tested. An Assessment Center is likely to include some of the following exercises: • I In-basket Exercise (often a two-part exercise) • Program Planning Exercise (two-part exercise) • Employee Interview Exercise ► Citizen Meeting Exercise ► Labor-Management Meeting Exercise ► Department Personnel Meeting Exercise ► Structured Oral Panel Exercise ► Situational Response Exercise ► Disciplinary Meeting Exercise ► Grievance Hearing Exercise ► Leaderless Group Exercise (assigned or unassigned roles) ► Long-Term Planning Exercise EVALUATION/RATING FRAMEWORK An evaluation framework for an Assessment Center is carefully designed.MMA Consulting Group's basic evaluation framework is designed to allow assessors to evaluate four competencies (skills, abilities or behavioral dimensions) for each exercise.The criteria for each exercise differ,but with some criteria overlapping from exercise to exercise. Each evaluation criteria is generally evaluated on two or more occasions. 0 I I MNIA CONSULTING GROUP,INC. 11 l APPENDIX A TOWN OF NORTH H A D VFR CERTIFICATE OF NON-COLLUSION The undersigned certifies, under penalty of perjury, that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word `person" shall mean natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. MlYlk'G FNSULTING GROUP, INC. Name' oBusines_S. Authorized Signature February 9, 2010 Date 5 APPENDIX TOWN OF NORTH ANDOVER CERTIFICATE OF TAX COMPLIANCE Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A (b), I Mark E. Morse , authorized signatory for MMA CONSULTING GROUP, INC. (Name of Business) do hereby certify under the pains and penalties of perjury that said business has complied with all laws of the Commonwealth of Massachusetts and the Town of North Andover relative to taxes, perrnit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature of Authorized Signatory President Title February 9, 2010 Date i 6 APPENDIX C TOWN OF NORTH ANDOVER CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the MMA CONSULTING GROUP, INC. held on January 18, 1995 it was VOTED, THAT Mark E. Morse President (Name) (Officer) of MMA CONSULTING GROUP, INC. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said MMA Consulting Group, Inc., and affix its corporate seal hereto; and such execution of any contract or obligation in the name of MMA Consulting Group, Inc. on its behalf by i such officer under seal of MMA Consulting Group, Inc. , shall be valid and binding upon MMA Consulting Group, Inc. I hereby certify that I am the clerk of the above named MMA Consulting Group, Inc. and that Mark E. Morse is the duly elected officer as above of said MMA Consulting Group, Inc. and that the above vote has not been amended or rescinded and remains in full force and effect as the date of-this contract. � f February 9, 2010 Mark E. Morse i-� L I (Date) (Clerk) i 7 APPENDIX TOWN OF NORTH ANDOVER PRICE PROPOSAL MMA CONSULTING GROUP INC. doing business at: Name of Firm or indivmeltial I 1330 Beacon Street Suite #349 Street Address Brookline MA 02446 617-232-2190 City or Town State Zip Code Telephone Mark E.Morse Designated Contact Person hereby proposes to develop, coordinate and conduct the Assessment Center for the position of Fire Chief for the Town of North Andover as described in the Request for Quotes for the following lump sum of: Pursuant to Addendum #1 (February 3, 2 010): $ 2,750 (not including a standardized written aptitude test) I $ See-attachment (including a standardized written aptitude test) Additional services, including a review of applications, oral interview and written J�a ;t_itude._test can be provided for a negotiated hourly, or fixed, fee. February 9, 2010 Signature Date Important: Vendors must sign and include, along with the Price Proposal form, the Certificate of Non-Collusion, Certificate of 'fax Compliance, and Certificate of Vote forms. 8 i NORTH ANDOI-ER NIASSACHUSETT.S APPENDIX TOWN OF NORTH ANDOVER PRICE PROPOSAL (ATTACHMENT) Pursuant to Addendum #1, the fixed fee for conducting the Fire Chief Assessment Center for one candidate is $2,750.00. The fee does not include the cost of facilities or other amenities. The fee includes: ► Meet with the Town Manager and incumbent Fire Chief. ► Conduct field work necessary to develop the tactical exercise. ► Note: The field work is conducted by a fire and rescue consultant with extensive emergency management experience, including development of tactical exercises. ► Review of information relating to the Department. ► Develop the Assessment Center exercises. ► Select assessors. ► Administer the Assessment Center and report results. ► Prepare recommendations. Additional services, including a review of applications, oral interview and written aptitude test can be provided for a negotiated hourly, or fixed, fee. We recommend purchasing a commercial aptitude test, should the Town wish to use this option. Tests are available for a reasonable fee. MMACG has conducted selection processes for more than 100 fire chiefs, fire chief officers, police chiefs, and police command officers during the last 20 years;we have not seen the use of a written aptitude test for a fire chief, police chief or chief officer. ." MMA CONSULTING GROUP,INC. February 18, 2010 Attorney General Martha Coakley Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney General Coakley, We are writing today to request that your office investigate recent actions of the Essex Regional Retirement Board and its chairman,Timothy Bassett, to determine whether any civil or criminal violations have taken place. We are disturbed by the significant number of revelations made in recent months, reported both in regional and local newspapers as well as in a formal audit of the board by the Public Employee Retirement Administration Commission (PERAC), that suggest a broad range of conduct of questionable legality on the part of the board and its chairman. The disturbing and serious nature of these allegations compels us to seek your assistance to ensure that any improper acts are addressed. While PERAC has created a three-member panel to monitor the operations of the board, its oversight powers are limited, and do not include either subpoena power or the ability to initiate a civil or criminal investigation. The executive director of PERAC, Joseph Connarton, has informed us that a previous instance of alleged malfeasance by the Middlesex County Retirement System was referred by PERAC to the Attorney General's office. With that precedent in mind, and in light of a large body of evidence that a number of serious violations of the law may have occurred, we believe that the proper course of action is for your office to ensure that a retirement board which oversees over $200 million in public pension funds is acting properly and legally, and in the best interests of its pensioners and the taxpayers who share in the cost of the system. Thank you for your consideration of this matter, and please do not hesitate to contact us if we may be of any further assistance in this matter. SECTION 1. Said Section 19 is further amended in the first paragraph by inserting after the phrase"transfer date"the following phrase: `; provided,that the provisions of this section, unless otherwise explicitly noted, shall not apply to Essex County." SECTION 2. Chapter 34B of the General Laws is hereby amended by inserting after Section 19 the following section:- "Section 19A. Essex County regional retirement system; board; members Section 19.Notwithstanding the provisions of chapter 32 or any general or special law to the contrary,the retirement system of Essex County, as abolished pursuant to this chapter, or abolished pursuant to chapter 151 of the acts of 1996, shall continue pursuant to this section and shall be managed by the retirement board as provided in this section beginning on the transfer date. (a)A contributory retirement system established for an abolished county operating under the terms of sections I to 28, inclusive, of said chapter 32 shall be known as a regional retirement system, and all business shall be transacted under a name designated by the retirement board bearing the title of the geographic location of said system. (b) The contributory retirement system of Essex County, as defined in section 19(a)of Chapter 3413, shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision(5) of section 20 of chapter 32. Said board shall consist of six members as follows: (1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex County Retirement System for a three year term. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns,units or districts belonging to the Essex County Retirement System. The member town,unit or district weighted vote will be computed based on the most recent allocation of retirement system assets to the member town,unit or district. For the purposes of this section, "chief executive or chief administrative officer" shall mean,in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator,in which case"chief executive or chief administrative officer" shall mean the chairman of the board of selectmen; in the case of a school district,the superintendent; in the case of a water district,the superintendent; in the case of a veterans' services entity,the director; in the case of a housing authority,the executive director; in the case of a regional vocational institute,the superintendent; in the case of a mosquito control district,the superintendent; and in the case of a regional retirement board,the chief executive officer; provided,that in the case of a regional retirement board,the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. (2) The second member shall be a member of the county retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of said council, properly posted, called specifically for such election pursuant to paragraph(g), for successive three-year terms. disbursing officer of any such town or district, as the case may be, shall act as a liaison officer between the employees thereof and the board of such system. (h)There shall be an Essex regional retirement board advisory council consisting of all the treasurers, elected or appointed, of each town,unit, or district belonging to the prior county retirement system and remaining in the retirement system established by this section. The members of said advisory council shall elect a chairman from among the members;provided, that such election shall happen by weighted vote, which shall be computed based on the most recent allocation of retirement system assets to the member town, unit or district. Said council shall meet at the call of the chairman,but in no event less than twice in each year. Said council shall supervise and certify the procedures involved in the election of the elected members of the retirement board, as provided in paragraphs (b) and(h). Upon approval by votes of the retirement board and the council,the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall, on or before December 15 in each year, specify by written notice to the council and the board the amounts so required to be paid from the pension fund,the annuity reserve fund,the military service fund, and the administration fund, as provided in subdivision(7) of section 22 of chapter 32. (i) The regional retirement board advisory council,which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to any member in or retired from service so requesting and shall require that such nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for such nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least five active or retired members of said retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after investigation,the election board determines that a candidate has filed nomination papers containing less than five signatures as required,the election board shall declare said nomination papers invalid and shall notify the candidate of such determination. If, after investigation,the election board determines that only one candidate has filed the requisite number of signatures, the election board shall declare said candidate to be the elected member of the county retirement board. If, after investigation,the election board determines that more than one candidate has obtained the requisite number of valid signatures,the election board shall notify said candidates of such determination and shall immediately prepare election ballots, and set the date for an election to be held within 40 days. The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of one candidate, insert the ballot into a ballot envelope,and the ballot envelope into the pre-stamped envelope, seal said pre-stamped envelope and mail said envelope to the election board in care of the county retirement board, within 20 days after they were mailed. Any envelope postmarked later than 20 days after such mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all such candidates to be present at said tabulation. At the specified time for tabulation,the election board shall assemble all envelopes and inspect said envelopes. Any envelope which has been opened prior to said date, or which has not been signed on the rear by the appropriate addressee, shall be invalidated and shall not be used to determine the elected member. The election board shall, assemble all properly signed,unopened envelopes and shall open each envelope and separate the enclosed ballot from said envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid. The election board shall notify each candidate in writing of the results of said election. All envelopes and ballots received by said election board, including those determined to be invalid, shall be preserved by the election board for two years. The costs incurred by the election board in administering the election shall be paid from the county retirement system administration fund. (j)The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits, and said board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission shall be borne by said employees and board members and the regional retirement system. Any benefits provided,prior to the abolition of county government,to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to such employees and retirees through the Essex regional retirement system; provided,however,that said system is fully reimbursed, in the case of retirees,for the cost of such benefits, and, in the case of employees,is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits. (k)An employer shall be required to provide a board member under its employ with all necessary leave required for service to such board. (1)The abolished county's retirement board and retirement board advisory council shall continue to serve until such time as the members of the new Essex retirement board and the new retirement board advisory council pursuant to this section have been duly elected, selected or appointed, as the case may be. (m)Any provisions of said chapter 32, including provisions that apply to a county retirement systems,that are not inconsistent with the provisions of this chapter shall apply to the Essex regional retirement system." i I February 18, 2010 I Attorney General Martha Coakley Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney General Coakley, i I We are writing today to request that your office investigate recent actions of the Essex Regional Retirement Board and its chairman,Timothy Bassett,to determine whether any civil or criminal violations have taken place. We are disturbed by the significant number of revelations made in recent months, reported both in regional and local newspapers as well as in a formal audit of the board by the Public Employee Retirement Administration Commission (PERAC), that suggest a broad range of conduct of questionable legality on the part of the board and its chairman. The disturbing and serious nature of these allegations compels us to seek your assistance to ensure that any improper acts are addressed. While PERAC has created a three-member panel to monitor the operations of the board, its oversight powers are limited, and do not include either subpoena power or the ability to initiate a civil or criminal investigation. The executive director of PERAC, Joseph Connarton, has informed us that a previous instance of alleged malfeasance by the Middlesex County Retirement System was referred by PERAC to the Attorney General's office. With that precedent in mind, and in light of a large body of evidence that a number of serious violations of the law may have occurred, we believe that the proper course of action is for your office to ensure that a retirement board which oversees over$200 million in public pension funds is acting properly and legally, and in the best interests of its pensioners and the taxpayers who share in the cost of the system. Thank you for your consideration of this matter, and please do not hesitate to contact us if we may be of any further assistance in this matter. MOTION...2/22/10 Instruct the Town Manager to ensure that North Andovers portion of legal bills forwarded by the Essex Regional Retirement Board that specifically pertain to refusing requests for public information, defending violations of the open meeting law and defending improper actions related to the election of Executive Director Timothy Bassett, be currently withheld pending detailed backup information to such bills and a subsequent affirmative vote of the North Andover BOS directing the Town Accountant to pay such previously deducted costs. I I i Pagel of 2 Rees, Mark From: Rees, Mark Sent: Wednesday, February 17, 2010 11:44 AM To: Thibodeau, Bruce; Bellavance, Curt Cc: 'tmwatson @woodridgehomes.org' Subject: FW: PON-ENE-2010-009-Energy Efficiency and Conservation Block Grant(EECBG) Program: Application for Competitive Municipal Sub-Grant Great News and Congratulations! Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees(c)-townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: Gray, Diane(ENE) [mailto:Diane.Gray @state.ma.us] Sent: Wednesday, February 17, 2010 11:21 AM To: Rees, Mark Subject: PON-ENE-2010-009 - Energy Efficiency and Conservation Block Grant(EECBG) Program: Application for Competitive Municipal Sub-Grant Dear Mr. Rees: SUBJECT: PON-ENE-2010-009—Energy Efficiency and Conservation Block Grant (EECBG)Program: Application for Competitive Municipal Sub-Grant We are pleased to inform you that North Andover has been awarded an Energy Efficiency and Block Grant (EECBG) sub-grant in the amount of$103,846 for Solar PV. Funds for this award were made available by the American Recovery and Reinvestment Act(ARRA) of 2009 through the US Department of Energy's Energy Efficiency and Conservation Block grant program. The Commonwealth of Massachusetts Department of Energy Resources (DOER) developed and is responsible for administering this sub-grant program. Please be aware that your award will be contingent upon agreeing to certain terms and conditions, including adherence to federal and state ARRA procurement and reporting requirements. A grant award contract document with these terms and conditions will be sent to you under separate cover. Please be aware that you cannot expend any of these funds until a grant award contract has been executed. Congratulations on your award and your initiative in creating a green energy future for the Commonwealth. DOER and its Green Communities Division look forward to working with you to successfully implement your project. If you have any questions regarding this award, please contact Diane Gray at diane.gray @state.ma.us. Sincerely, Diane Gray Diane Gray, AICP, LEED AP Clean Energy Fellow Green Communities Division 2/18/2010 Page 1 of 1 Rees, Mark From: Santilli, Ray Sent: Thursday, February 18, 2010 2:14 PM To: Community Development; DPW; Elder Services; Fire Department; Town Hall; Water Treatment; police @napd.us; Gifford, Laura; Zahn, Denise; Barker, Jill; Bergman, Susan; Briley, Jeannine; Deems, Maura; Finn, lrja; Fowler, Sarah; Glennon, Michel; Keenan, Kathleen; McAndrew-Taylor, Marie; Miller, Elizabeth; Picardi, Richard; Quinn, Mary Rose; Reusch, Ellen; Salenikas, Marina; Spencer, Ellyn; Wray, Donna; Chasse, Ryan; Gorman, Rick; Grasso, Michelle; Peters, Josh Cc: Hottel, Christopher; Mealey, James; Vartanian, Debra; Thomas Licciardello Subject: Delta Dental Payroll Deduct Plan Importance: High TO: All Benefit Eligible Employees,Town of North Andover After a thorough search process, Delta Dental has been chosen as the endorsed provider for a new payroll deduct dental insurance option available to benefit eligible employees of the Town of North Andover. Over the past several months,five carriers made presentations and were interviewed by the Insurance Advisory Committee(comprised of representatives from all municipal and school unions). After the initial interviews, two carriers were selected as finalists and were brought back for a final question and answer session. It was the unanimous opinion of the Insurance Advisory Committee(IAC)members to move forward with Delta Dental. As the leading provider of dental insurance benefits in New England, the IAC is confident you will be pleased with the choice of Delta Dental. Representatives from Delta Dental will be scheduled to make a number of presentations to help you learn more about this important benefit,its cost,and the enrollment process. Meeting times and locations for these presentations will be announced soon. Thank you Nark Santiffi Assistant Town Manager &Human Resources Director Town of North Andover I 2/18/2010 MOTION...2/22/10 Instruct the Town Manager to ensure that North Andovers portion of legal bills forwarded by the Essex Regional Retirement Board that specifically pertain to refusing requests for public information, defending violations of the open meeting law and defending improper actions related to the election of Executive Director Timothy Bassett, be currently withheld pending detailed backup information to such bills and a subsequent affirmative vote of the North Andover BOS directing the Town Accountant to pay such previously deducted costs. I i i