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Home My WebLink About2010-02-08 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Tracy M. Watson,Chairman TEL. (978)688-9510 William F. Gordon ° Daniel P. Lanen *i .y* FAX (978)688-9556 Richard A.Nardella Rosemary Connelly Smedile �SSACHUSEs BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA FEBRUARY 8,2010—7:00 p.m. TOWN HALL MEETING ROOM 120 MAIN STREET 1. CALL TO ORDER H. EXECUTIVE SESSION A. Collective Bargaining III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. January 25,2010,Open Minutes as written B. January 25,2010,Executive Minutes as written V. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT A. Appointment as Liaison to Suburban Coalition;Sandy Gleed VI. CONSENT ITEMS A. Stop Sign Request—Winter Street B. Handicap Parking Space Request—60 Ashland Street C. Permission to use Town Property for tapping Maple Trees—Paul Boulanger D. 40B Affordable Unit Resale E. Request to Fill Vacancy—Information Technology Analyst VII. LICENSING COMMISSIONERS A. Yente LLC,Tracy Adley Manager, 1503 Osgood Street—Wine&Malt Beverage Package Store, Common Victualler License and Entertainment—Cable TV&Stereo Music VIII. OLD BUSINESS IX. NEW BUSINESS A. Town Manager's Recommended FY2011 General Fund Operating Budget B. Review of Non-monetary Articles for May Town Meeting X. TOWN MANAGER'S REPORT X1. ADJOURNMENT I POLICE Nmr- MMK___Aw:� A= Um AM munk- xmvn� E P A R T E N T .............................. .................................. ....... "Connnunity Partnership" The off qce of Richard M.Stanley CHIEF OF POLICE To: Mark Rees, Town Manager fit OFF From: Richard M. Stanley, Chief of Police 4 M_ / P RE: Stop Sign Placement—Winter Street Date: January 28, 2010 North Andover Police Department is requesting the Board of Selectmen authorize a stop sign be placed facing the dead-end portion of Winter St. and the intersection of South Bradford St. as soon as possible. The intersection is currently a three-way stop and this would make it four-way. When this intersection was originally designated three-way the dead end portion of Winter Street had only two homes and was treated more as a driveway. Today there are four homes and the street has been improved and surfaced and is clearly a public way. Although the residents stop when they approach the intersection people unfamiliar with it tend to drive straight through which if perfectly legal. Drivers approaching on South Bradford, the busier street, assume traffic on Winter Street has to stop also. Recently a trash truck came barreling through the intersection from Winter St., legally, to the surprise of another motorist who started to drive through assuming the ti Lick had a stop sign also. This is not the only such incident. This should be posted as soon as possible to avoid a tragedy, there is no change in any traffic pattern and the number of people impacted is minimal. The DPW Director is in agreement with this from an engineering standpoint. Please let me know if you need any further information, photographs or an officer to discuss this with the Board 566 MAIN STREET,NOR'r11 ANDOVER,MASSACHUSETTS OJ845-4099 Telephone:978-683-3168 - Fax:978-685-0249 POLICE ANML—aw MW mm ow MM-MM L mwm� 9M KM wn� a] itlt� rt D E P °A. .. R 7" M E N '1� 1111t 4�C ............... ........................ ................. U) Conianinit artnersh'IC' r' OFFICE kGE ARAGER OF TOWN M �TOWN M Officer Mark M. Wilson (Safety Officer) January 21, 2010 North Andover Police Department 566 Main Street 978-685-9996 x 952 To the Board of Selectmen: On January 20, 2010, 1 received a phone call from Linda Griggs. Miss Griggs works at 60 Ashland Street(Kody & Company, Inc.) and has requested that the Town of North Andover designate a parking spot in front of her place of work or across the street from her work-as a"handicap parking only" space. Miss Griggs and her co-workers must find parking on the street as there are no spots for their company in the rear lot. There is no access to their office from the rear of the building either. I have spoken with staff from the Town Manager's Office, Jim Lyons (Chairman of the Commission on Disabilities), Donald Stewart, Lt. Carney, Sgt. Soucy, and Sgt. Crane on the possibility of having this accomplished. It was suggested that I present a Letter to the Board of Selectmen to seek approval for this. I have enclosed two pictures. The first picture is of parking spots currently across from 60 Ashland St. The second photo is a picture of 60 Ashland St. I have placed an X next to the two places which I feel would be the best locations for the requested spot. I have also enclosed Miss Grigg's business card and copy of her Disabled Persons Parking Identification Placard. I appreciate your time and consideration in this matter. Sincerely, Officer Mark M. Wilson 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS 01845-4099 ........... Telephone:978-683-3168 • Fax:978-681--1172 ; OY Y s ri ri 1° i kggs WNdd�4 lT �. xr�t I�ul 'I y y z.. a u-. m 1, z i r Msi,ibled Persons Parking Identification PRIacard AN Commonwealth of "Important'. Remove before driving',vehicle This Permit uS for the P'-#.COUSPve use of the authorized holder while , heing transported in a private se of this pa a'. ,,r vehiciv� U permit by any persco-P ofkwr than the authorized hold r rnay result In revocation of said pang unit or citation. A Paul, not a problem. See you on Feb. 8th Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mreesCD-townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: Paul Boulanger [mailto:paul @turtielanemaplefarm.com] Sent: Friday,January 29, 2010 11:40 AM To: Rees, Mark Subject: Board of Selectmen Meeting Mark, It is that time of year again,spring is right around the corner if you can believe it. Kathy and I would like to ask permission of the board as we have done for the last 4 years,and we would like to make our request at the meeting on Monday Feb.8th at 7:00pm. Can you please add us to the agenda? Attached is the standard letter that has been signed in the past. Best regards, Paul and Kathy C 978-590-8437 www.turtlelanemaplefarm.com I TOWN OF NORTH ANDOVER,MASSACHUSETTS OFFICE OF Information Technology 120 MAIN STREET, 01845 NORTH 01 �Tlco X6'91.0 SSACHUS�� Matthew Killen, Telephone(978)688-9539 Director mkillen @townofnorthandover.com Memorandum To: Mark Rees From: Matthew Killen Date: 1/27/10 re: request to fill vacancy(IT Analyst) William Drury has advised me of his intent to retire at the end of February. Given the size of our team, support needs of the town and on-going consolidation I request permission to fill this vacancy as quickly as possible. TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 4 OORTM Richard A.Nardella, Chairman =o`j; .o ^`'q°0 William F. Gordon ° — v Telephone(978) 688-9500 Daniel P. Lanen FAX (978) 688-9557 Rosemary C. Smedile YvQ Tracy M. Watson M�SSgcHUSe��S December 16, 2009 Wen Jing Huang � ✓ Millennium Eatery, Inc Beijing Restaurant 1250 Osgood Street North Andover,MA 01845 Re: Notice of Discussion ✓ � Jc o Dear Ms. Huang: t On December 21, 2009, the North Andover Licensing Commissioners will be discussing whether or not to conduct a Liquor License Violation Hearing on three incidents of over serving customers. The meeting will be held in the Board of Selectmen's Meeting Room, 120 Main Street, Second Floor,North Andover, beginning at 7:30 p.m. You are welcome to attend this meeting. If you have any questions please do not hesitate to contact this office. S irwerel lliar A. Nardella , Chairman Cc: North Andover Police Department Albert P. Manzi, III, Esq. File HAND DELIVERED BY THE NORTH ANDOVER POLICE DEPARTMENT Zw�--11 POLICE "'7 Iff ow Em MM ° "Coninninity Partnership" The office of Richard M.Stanley CHIEF OF POLICE TO: Mark Rees,Town Manager " FROM: Richard M. Stanley, Chief of police � Beijing Restaurant incidents crnhr° 14, 2009 The attached repeats are of recent incidents at the Beijing Restaurant in July/August 2009. The three separates reports are of intoxicated persons that had reportedly left the sta lishm nt prior to their arrests or protective custody. The police departments had also requested video surveillance of the customers and were advised that it was not available. The Board of Licensing n issioners may wish to review the reports and the 200 security plan. The officers will be available if need 566 MAIN STREET,NORTH ANDOVER,MASSACI IUSETTS 01845-4099 Telephone:978-683-3168 • Fax:978-685-0249 POLICE ®®®® ® ® ® ®®®® MERL—Aw am _ ®_ — ® - ® -® - mm D E P A R T M E N T "Communih Partnership" The office of Richard M.Stanley CHIEF OF POLICE TO: Chief Richard M. Stanley FROM: Lieut. Paul Gallagher RE: Beijing Restaurant DATE: December 14, 2009 Pursuant to your request please find enclosed the incidents concerning the Beijing Restaurant that the North Andover Police Department responded to this past summer. The first being arrests of the two individuals on July 16, 2009. The results of the cases resulted in the defendants being adjudicated with CWOF (Continued Without a Finding) Ms.65muntil August 26, 2010 and Mr.11Wntil July 16, 2010. The other case was an intoxicated male walking on Rt.125 that admitted consuming alcoholic beverages at the Beijing Restaurant prior to being placed in "protective custody". On all occasions the detectives requested to view the establishment's video and were advised it was inoperative or overtaped. The Licensing ommissioners may wish to revisit the security plan the Beijing Restaurant g Y Yp provided to them on November 20, 2007. The North Andover Police Department requested that the video surveillance equipment be operational and focus on the bar, foyer and parking lot. We also advised that it be available to the department, if warranted(see 11/28/07 attachment) 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS 01845-4099 Telephone:978-683-3168 • Fax:978-685-0249 POLICE mff-M MW _ ®_® —_ BONN— AM - ® am D E P A R T M E N T "Community Partnership„ The office of Richard M.Stanley CHIEF OF POLICE TO: Chief Richard M. Stanley 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 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:978-683-3168 • 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. I North Andover Police Department Incident Number: 2009000016272 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000017204 978-683-3168 Print Date: August 13, 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 08/13/2009 12:38:22AM Thurs 08/13/2009 12:38:22AM —, 4 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' Sex' Home'Phone# Cell Phone#? Work Phone'#. Protective Custody � do ( N/A ------------------- ---------- ---- ---------- ---------- --Addressf 101111111111110 NEW ssociated Businesses Summary; Type Name Primary Phone# Secondary',Phone 9" 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 Complaint Charges Seq# I Chapter Section Name(Last,First,Ml) Description'of Offense Vehicle Info Vehicle No. I Vehicle Makd Vehicle Model Vehicle Year VIN Primary Color .Secondary Colorl Plate No. I 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 PIForm Single 04/10/09 North Andover Police Department Incident Number: 2009000016272 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000017204 978-683-3168 Print Date: August 13, 2009 Incident Report Printed By: pgallagh Narratives for Incident Number 2009000016272 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by:_Patrolman William Brush Division:Patrol Offices Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 08/13/2009 01:13 Patrolman William Brush Open 08/13/2009 ON THE ABOVE DATE AND TIME WHILE ON GENERAL PATROL I OBSERVED A MALE RUNNING ON RTE 125 SOU' OUND NEAR HOLT RD. I PULLED OVER AND SPOKE TO THE SUBJECT, IDENTIFIED AS I EXITED MY CRUISER AND SPOKE TOdNqWT THE SIDE OF HOLT RD. NEAR RTE 125. IMMEDIATELY UPON SPEAKING T04�I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. HIS EYES WERE RED AND GLASSY AND HIS SPEECH WAS SLURRED. I OBSERVED EARLIER IN THE EVENING, APPROXIMATELY 0015 HRS. IN THE PARKING LOT OF TF�E BEi,JI_NG,;,J REMEMBERED HIWBECAUSE OF TI4E NEON-YELLOW AND REFLECTIVE HIRT,HE.WAS,VV1( ,'RING. ' ' ...i,. b...rou.. I ASKEDIMINWNHERE HE WAS COMING FROM HE STATED THE BEI DING. HE SAID THAT HE HAD GOTTEN A RIDE FROM A FRIEND BUT THEY DROPPED HIM OFF, AND HE WANTED TO GO TO BLUE CANOE FOR CIGARETTES. I ASKED HIM IF HE HAD A RIDE HOME. HE SAID HE WOULD WALK. I ASKED FOR ANOTHER CRUISER TO COME AND BACK ME UP. OFF. GALLAGHER ARRIVED SHORTLY AFTER. I DETERMINED THAT461MIdVAS HIGHLY INTOXICATED, I ADVISED HIM WAS BEING PLACED IN 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 TO THE STATION WHERE HE WAS GIVEN HIS CONSTITUTIONAL RIGHTS AND BOOKED BY SGT. DAVIS.100 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 UP A SHORT TIME LATER. Signature w�Reporting Officer � Signature-Reviewing Officer Incident Notes: Create User ID: Date&Time No Incident Notes Listed Incident Dispatcher Remarks: Create User ID: system Date&Time 08/13/2009 01:13:03 2009/08/13 00:38 Matos, Cynthia 544: OFFICER BRUSH REPORTS HE IS OUT WITH ONE SUBJECT ON HOLT RD NEAR RT 125 2009/08/13 00:41 Matos, Cynthia 544: OFFICER GALLAGHER RESPONDED TO ASSIST 2009/08/13 00:47 Matos, Cynthia 544: OFFICER BRUSH REPORTS I CUSTODY/PC 2009/08/13 01:12 Matos, Cynthia 544: OFFICER BRUSH WILL FILE A REPORT Incident Number:2009000016272 Page 2 of 3 PlFormSingle 04/10/09 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 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#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. 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS 01845-4099 Telephone:978-683-3168 • Fax:978-681-1172 North Andover Police Department Incident Number: 2009000014259 566 Main Street File No: N/A North Andover, Ma. 01845-40199 Dispatch Incident Number: 2009000015076 (978) 683-3168 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 107/16/2009 110:00AM Thurs 07/16/2009 1:10:OOAM —I 7/16/2009 1:10:51AM 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 Stat.Area Sub Stat.Area Census Tract Landmark i Business Name Incident Types-Other N/A Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex I Home Phone#1 Cell Phone# Work Phone# Defendant F ( N/A ----------- ---------- ---- ---------- ---------- ---------- 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 No Involved Officers Data Available for Incident#:2009000014259 Arrest Offenses Seq# Chapter Section Je Name(Last,First,MI) Description of Offense 1 90 24 OUI Liquor(40) 2 90 7 Equipment Violation, Miscellaneous MV(108) Vehicle Info Vehicle No. I Vehicle Makd Vehicle Model I Vehicle Year I VIN Primary Color Secondary Colorl Plate No. I State 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 Police Department Incident Number: 2009000014259 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000015076 (978) 683-3168 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 07116/2009 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 he knew that she had 2 flat tires. Misstated 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 Mis94l�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. Miss 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. Miss stepped 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 Misses if she had any medical condition that we should know about. Miss 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 Miss"111111110o 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 slurred speech. ,n• Test 2 One leg stand: I demonstrated the test for Miss�then asked Mis�to begin the test, MissI14RINWput 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,Miffs cif she would like to take the test again she stated No I can't keep my balance. Test 3 walk and turn: I instructed Miss11111FAMW put her right foot in front of her left foot touchin heel to toe. Missj�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. Miss4obwas 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 Miss~ that she was not supposed to start the test until I told her to, however she continued the test. Miss 41INM 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: has 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 experience that MisA�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. Mist 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. Misseslowas also read her breathalyzer test Incident Number:2009000014259 Page 2 of 3 PlFormSingle 09/22/09 North Andover Police Department Incident Number: 2009000014259 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000015076 (978) 683-3168 Print Date: December 14,2009 Incident Report Printed By: pgallagh Narrative by: Patrolman Jason wedge Division:Patrol Officers(continued) I 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 areas follows 0.14% 0.15% 0.13%. Mis was issued citation number M7937315. Sutton St is a public way defined by MGL chapter 90. l i Signature-Reporting Officer Signature-Revieing Officer Incident Dispatcher Remarks: Create User ID: system Date&Time 07/16/2009 01:53:13 2009/07/16 01:18 Matos, Cynthia 544: HOOK REQUESTED TROMBLY'S NOTIFI ED/EN ROUTE 2006 01:26 atos, Cynthia 544: OFFICER WEDGE REPORTS ONE UNDER ARREST FOR OUI LIQUOR. SM 33991 2009/07/16 0. 2�t,Vatos, Cynthia 544: OFFICER WEDGE AT THE STATION EM 33992 I N 01 . N Incident Number:2009000014259 Page 3 of 3 PlFormSingle 09/22/09 North Andover Police Department Incident Number: 2009000014260 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000015077 (978) 683-3168 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 U Thurs 107/16/2009 1:27:OOAM —3 7/16/2009 1:27:38AM Reported As Incident Type ,Primar Arresting Officer Suspicious Activity/MV Driving Under t e 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 I cident Types-Other NORTH ANDOVER POLICE DEPT. Suspicious Activity Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex Home Phone# Cell Phone# Work Phone# Defendant 7/27/1965 M (978)686-1749 (978)807-2567 N/A ---------- ---------- ---- --------49 -78)80 ---- ---------- Address: • : r Associated Businesses Summary Type Name Primary Phone# Secondary Phone# Owner N/A N/A -------- ------ Address.: 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 Katherine A Knab Responding Officer Patrol Officers No Involved Officers Data Available for Incident#:2009000014260 Arrest Offenses Seq# Chapter Section Name(Last, First,MI) Description of Offense 1 90 24 OUI Liquor(40) i Vehicle Info Vehicle No. I Vehicle Mak Vehicle Model Vehicle Year VIN Primary Color Secondary Colorl Plate No. I State Citations Citation No Code Date Status Statute Description M7936729 Arrest 07/16/2009 01:30 Closed 90/24/J OUI Liquor(40) Incident Number:2009000014260 Page 1 of 4 PIFormSingle 09/22/09 North Andover Police Department Incident Number: 2009000014260 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2009000015077 (978) 683-3168 Print Date: December 14,2009 Incident Report 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 . I PULLED UP RIGHT NEXT TO THE VEHICLE WHICH HAD ONE OCCUPANT IN THE DRIVERS SEAT, LATER IDENTIFIED AS THE VEHICLE WAS RUNNING AT THE TIME. THE DRIVERS WINDOW WAS DOWN . I ASK MbD IF HE WAS ALL SET OR I H E NEEDED HELP WITH ANYTHING.TURNED TO ME AN SAID HE WAS ALL SET. I OBSERMD �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 GAIN IF HE NEEDED THE`POLICE; HE SAID " NO, I'M GOOD." AGAIN HIS SPEECH WAS SLURRED AND THICK TONGUED. THE ODOR OF AN ALCOH LIC BEVERAGE WAS STILL COMING FROM THE VEHICLE AND WAS MUCH STRONGER. I ASKEDIF 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 VEHICLE 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 VEHICLEWAS SWAYING BACK AND FORTH, HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE CO NG FROM HIS PERSON HIS EYES WERE GLASSY AND RED AND WHILE SPEAKING HIS SPEECH WAS VERY SLURRED. I ASKED IM 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.411!�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 Police Department Incident Number: 2009000014260 566 Main Street File No: N/A North Andover, Ma. 01845-4099 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 ASKEDIMTHE 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 HADINWERFORM WAS THE ALPHABET. I ASKED OM 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.4111111111111WDID NOT ATTEMPT THE TEST OR RESPOND IN ANY WAY. HE JUST STARED AT ME. WHILE HE WAS STANDING IN FRONT OF ME11111111W'CONTINUED TO SWAY BACK AND FORTH. I ASKED HIM IF HE UNDERSTOOD THE INSTRUCTIONS, AGAIN HE DID NOT ANSWER. I ASKED"HIM"t HE DID NOT UNDERSTAND THE INSTRUCTIONS OR IF HE WAS REFUSING TO PERFORM THE TESL'""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 EMT.I #LPHABET FROM A TO Z. { ATTEMPTED TO SAY THE ALPHABET HE STARTED WITH A,-PAUSED 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. 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 AND 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 FOLD PERFORM WAS THE NINE STEP WALK AND TURN. I ASKED 11111111111111111lIF 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 DBV ' , TRATED THE TEST. USING A STRAIGHT YELLOW LINE PAINTED FOP,THE FIRE LANE I HAD40M STAND HEEL TO TOE WHILE I EXPLAINED AND DEMONSTRATED THE TEST.400 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. 111111111111111110 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. CH TIME, ON THE FOURTH STEP HE TRIPPED AND ALMOST FELL. AT THIS POINT I DEC OWN SAFETY NO MORE TESTING WOULD BE DONE. I ALSO DETERMINED THAT 11=1 WAS HIGHLY INTOXICATED AND HAD BEEN OPERATING MOTOR VEHICLE UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR. HE WAS PLACED UNDER ARREST, HANDCUFFE,D (DL) AND LED INTO THE STATION. I HELD 11110111 BY HIS LEFT ARM AND GUIDED HIM INTO THE.STATION. GWKEPT STUMBLING AND FALLING INTO ME. DURING ALL OF THE TESTING AND THROUGHOUT BOOKING, IMKEPT LICKING 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 BE] JING. IMWAS 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 Police Department Incident Number: 2009000014260 566 Main Street File No: N/A North Andover, Ma. 01845-4099 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 ARREST. OFF. W DGES ARREST, WAS Ajap UNDER ARREST FOR OUI LIQUOR. WHEN SHE SAW IN THE BOOKING ROOM SAID THATjjWAD 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. WAS BOOKED AND'GIVEN HIS CONSTITUTIONAL RIGHTS BY SGT. gAVIS. HE WAS ALLOWED TO MAKE A PHONE CALL ANDSOCALLED A FRIEND WHO ADVISED HIM NOT TO TAKE THE BREATHALYZER. S T. DAVIS DID ASK HIM TO SUBMIT TO A BREATHALYZER WHICH HE REFUSED. DURING BOOKING jjWEPT APOLOGIZI-NG, 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 ONE HOME TO BED." WAS 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 ACCE&,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. CITATION # M7936729 WAS ISSUED TO FOR OUI LIQUOR. THE VEHICLE WAS TOWED BY TROMBLYS. i Signature a Reporting Officer Signature a Reviewing Officer Incident Dispatcher Remarks: Create User ID: system Date&Time Ff 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 0,Uj i/MA: 444WR0 2009/07/16 01:33 Matos, Cynthia 544: 2009/07/16 01:49 Matos, Cynthia 544: OFFICER BRUSH REPORTS UNDER ARREST FOR OUI LIQUOR 2009/07/16 01:50 Matos, Cynthia 544: 4* Incident Number:2009000014260 Page 4 of 4 PlFormSingle 09/22/09 9-119 097 9 919 E= POLICE D E P A R T M E N T "Comnninihy Pnrtnershi})" The office of Richard M.Stanley CHIEF OF POLICE �I I TO: Mark Rees, Town Manager FROM: Richard M. Stanley, Chief of Police RE: Beijing Incident #2010-2512 DATE: February 8, 2010 Attached please find a cover memo from Lt. Paul Gallagher regarding another incident at the Beijing Restaurant. In this particular case it appears the new General Manager was well aware that a customer came into his establishment a"little bit intoxicated" and the process to allow him to be served approximately three more drinks. Please see all related reports and advise me if in fact you need officers to testify. (att 7) I 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS 01845-4099 Telephone:978-683-3168 • Fax:978-685-0249 | � � � � � / � POLICE � D E r * R ' ox c w / � ^[bmmnn/h/Partnership" The office o/ Richard M. stou|,y CHIEF opPOLICE T[): Chief Richard Stanley FROM: Lieut. Paul Gallagher RE: Beijing Restaurant Incident# 2010'3512 DATE: February 8, 2010 | have been notified by Sergeant Michael Davis that on February 6, 2010 at I:06arn Officers EricSevvade and [hristmpherSnnedi|e conducted a field interview in the Beijing Restaurant perking 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 Sandoxvn, 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 e violation of K4GL Chapter 138 Section 89 "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. � ea MAIN STREET,NORTH ANDOVER, 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 N/A (978)555-5785 N/A ------------ ------------------------ Address: Associated Businesses Summary Type 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 IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident#: 2010000002512 i Arrest Offenses Seq# I Chapter I Section Name(Last, First,MI) Description of Offense IAII Charges Sealed for Incident#: 2010000002512 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 Color I.Secondary Colorl Plate No. I 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 1 0 0 0 1 0 1 0 1 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. 018454099 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 the 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 t 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 Ab 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. r Y, ; . . 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 I Officer Eric Sewade report the following. While speaking with 11111111111M 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 401M was a customer tonight, and that he may have been a little bit intoxicated when he arrived at the Beijing.JAlllllllll&did state to this Officer that he had "probably 3 drinks" at the beijing tonight. Soon after this exchang was placed into protective custody by Officer Smedile. Incident Number:2010000002512 Page 2 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 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, Kimber 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 T oWN F Ni-RT H A 1,D U ER FY2011 BUDGET General Fund j Town Manager's Recommendation � ttflR7Ft � '' O tza •� a `• .4 Board of Selectmen Tracy M. Watson William F. Gordon Daniel P. Lanen Richard A.Nardella Rosemary C. Smedile Town Manager Mark Rees Budget Director Lyne Savage FEBRUARY 2010 1+Y11 General Fund Budget Town Manager's Recommendation Table ®f Contents TownManager's Budget Message .............................................................1 Town of North Andover Organizational Chart............................................. 9 OrganizationalSummar3. ..........................................................................10 GeneralFund Revenue............................................................................11 School/Town Ratio Calculation.................................................................15 General Fund Financial plan Option A ......................................................16 GeneralFund Option B........ ..................................................................19 PositionList Comparison .......................................................................24 Non Departmental/Fixed Cost Debt .........................................................................................25 Retirement .................................................................................28 WorkersComp ...........................................................................29 Unemployment ...........................................................................30 GroupInsurance .........................................................................31 MedicareExpense ........................................................................33 Police & Fire Accidental Insurance ..................................................34 Liability Insurance .......................................................................35 StateAssessments ........................................................................36 RegionalSchool Assessment ...........................................................37 Transfers ..................................................................................39 General Government TownModerator...........................................................................40 TownManager/Selectmen...............................................................42 Assistant Town Manager/Human Resources.......................................45 TownAccountant.........................................................................48 Purchasing ................................................................................50 Finance Committee.......................................................................52 Treasurer/Collectorr......................................................................53 Auditing....................................................................................56 Assessors....................................................................................57 Legal.........................................................................................61 InformationSystems.....................................................................62 TownClerk.................................................................................65 CommunityDevelopment................................................................69 Planning.....................................................................................72 Conservation................................................................................76 Boardof Appeals..........................................................................80 Public Safety Police........................................................................................83 Fire..........................................................................................91 Inspections..................................................................................97 EmergencyManagement...............................................................100 Division of Public Works Administration........................................................................102 Streets & Sidewalks..................................................................105 SolidWaste/Recycling................................................................107 Structures & Grounds................................................................110 FleetMaintenance.....................................................................112 Snow & Ice Removal..................................................................114 Health & Human Services Health.......................................................................................115 ElderServices.............................................................................119 YouthServices............................................................................122 VeteransServices........................................................................126 Culture & Recreation StevensLibrary..........................................................................130 FestivalCommittee........................................................................135 Appendix A (Board of Selectmen FY11 Budget Policy Statement).....................136 TOWN OF NORM ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 � �lOR7N q Marl: f 1. Rees � o�,�.o ^ Telephone 978 688-9510 o= 4. � FAX 97b' 688-9556 Town Nlcmager � � � ( ) SSACHUSE February 8,2010 To: Members of the North Andover Board of Selectmen and Finance Committee Beginning in November of 2009 and concluding in January of 2010 the Board of Selectmen engaged in a public and rigorous discussion on the development of the Budget Policy Statement as required by Section 9-2-3 of the North Andover Town Charter (See Appendix A). The Town Manager's Recommended j FYI I General Fund Budget attempts, to the extent possible, to adhere to the guidelines established in the budget policy statement. With one notable exception to be explained later,this budget message uses the same format as in previous years with a review of estimated revenues, an examination of non-departmental costs and an explanation of operating budget allocations. REVENUES Budget Policy Statement: 177 order to maintain frnar?cial stability, the SeleCtmen advocate the Toivra follow a conservative financial policy regarding revertate budgeting. The operath7g budget shall be based upon realistic estimates of predictable sustainable revenues. The development of the revenue portion of this budget has been greatly assisted by the work of the Revenue and Fixed Cost Committee' which reviewed each revenue line item and developed estimates for FYI 1. With a few exceptions, this budget follows the revenue projections put forward by the Revenue and Fixed Cost Committee. Property Taxes: Property Taxes constitute 76% of North Andover's Operating Revenue. The amount of funds that can be generated through this revenue source is governed by Proposition 2 %2,the state law that regulates how much property taxes can be collected by a municipality. The operative variable impacting the FYI I Budget is "new growth" which allows a city or town to increase its tax levy beyond the 2 %2 Percent allowed by Proposition 2 %2 due to new construction. Because of the protracted nature of the current recession, the FY11 budget projects $500,000 in `new growth' revenue. In FYIO, the Town ' The Revenue and Fixed Cost Committee was established by bylaw to provide recommendations to the Town Manager regarding estimated revenues and fixed costs for the upcoming budget year. The committee consists of two members of the Finance Conunittee,the School Superintendent or his designee and the Town Accountant/Budget Director. generated $623,715 in `new growth' property taxes, but that was due in part by an aggressive effort by the Board of Assessors to identify personel property tax accounts, which cannot be repeated in FY 11. lu FY09, the new growth amount was $532,807. Prior to the recession, the Town routinely generated $900,000 annual in new growth revenue. Property Taxes $70,000,000 $60,000,000 $50,000,000 — $40,000,000 Base PropertyTax $30,000,000 —V--Net Debt Exclusions Total PropertyTaxes $20,000,000 $10,000,000 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 Local Receipts: This category of revenues includes a variety of fees, charges, local taxes and miscellaneous revenue sources and provides for 11.4% of the Town's revenues. The largest component in this revenue category is motor vehicle excise taxes, which due to the economy is projected to be $3,700,000; equal to the amount expected to be collected in FY10, but 5% below the $3,900,000 originally budgeted. All other local receipts are estimated to be at or slightly above amounts expected to be collected in FY10 and consistent with the recommendations of the Revenue and Fixed Cost Committee. The only exception is interest income which based on year to date postings is estimated to come in at$400,000; $110,000 more then estimated by the Revenue and Fixed Cost Committee. Local Receipts $4,500,000 $4,000,000 J $3,500,000 i $3,000,000 --�—Mvx ( —�—Wheelabrator $2,500,000 Building Permits $2,000,000 Investment Income $1,500,000 --*—All other $1,000,000 $500,000 ` =- $- �°"sa.�, -•-�_„�.,.�,.—•• FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 State Aid: Budget Police StateMent: There has been a reda7cti077 in state aid fo7° the p7407- two fiscal veal's. There is nothing to indicate at this tine that there hill be an increase in state aid 177 the foreseeable fwure, in fact, there n7ay 1,e7-J) well be a decline in state aid.fr the third straight year. Because of the 1177certailaty of state aid i77 future years, estimating this revenue should be conservative.... Over the past year there have been major changes in how state aid is defined, funded and allocated. What is now called "Unrestricted General Government Aid" used to be called "Lottery Aid" and "Additional Assistance". In FY10, Chapter 70 (education) Aid was first increased, then decreased and then ultimately supplemented with Federal Stimulus money. The Governor's Budget which was issued after the work of the Revenue and Fixed Cost Committee provided for a level funding of Unrestricted General Government Aid at $1,805,628 and for Chapter 70 to be funded at $6,470,012 which equals the FY10 Chapter 70 allocation of$5,440,937 plus the stimulus grant of$1,029,075. The Revenue and Fixed Cost committee recommended budgeting for a 10% decrease in these two line items. The budget submitted by the Governor is often revised by the state legislature before it is finally adopted. In recognition that the Governor's budget does provide for more finding then predicted by the Revenue and Fixed Cost Committee, this budget charts a middle ground by recommending Unrestricted General Government Aid be budgeted at $1,715,347, a 5% reduction from FY10 levels and that Chapter 70 aid be budgeted at an amount equal to the FYI allocation, exclusive of the stimulus grant, or$5,440,937, Operating Transfers and Other Budgeting Sources: Budget Policy Statement: A basic te77ant of n7u77icipal budgeting is that operational expenses should equal operating revenues i77 order to achieve a structurally bala77ced budget. In FY10, the Torvn's General Fund budget was structurally unbalanced ivith operating expenses exceeding operating revenues by$1.2 million. YT717ile this is an i777provement over FY09 ivhere the difference ivas $2.4 million, every effort should be made to develop a budget that is sb•uct 17-ally bala77ced For the first time in many years,the Recommended FYI Budget is structurally balanced. No Free Cash, Overlay Surplus, Health Insurance Fund Surpluses or other one time only ftnlding sources are used to balance this budget. Operating Transfers or funds from the Town's three enterprise funds to pay for administrative overhead, insurance and employee benefits are projected to increase $1,118,554 to $1,126,621 or 0.72%. A review of the indirect cost plan is currently being undertaken which may result in these amounts being changed. State Aid $6,000,000 $5,000,000 —r—Unrestricted General $4,000,000 Government Aid —s Chapter70 Aid $3,000,000 $2,000,000 School Building $1,000,000 -Other FY04 FY05 FY06 FY07 FY08 FY09 FYI FYI i NON-DEPARTMENTAi,COSTS Debt Service: Budget Policy Statement: The Selectmen are committed to continuing the czn-rent CIP Pt°ogrcmt and to maintaining debt service levels ivithin the,fincmcial policy of 3 -5% of net operating revenues. This reflects the Selectmen's concern that delaying maintenance on existing assets will result in higher costs in fitture years. Proposition 2 % Excluded Debt is declining fi•om $3,238,982 in FY10 to $3,168,569 in FYI I as debt associated with the high school continues to be paid off. Non-excluded debt or debt that must be funded within the limitations of Proposition 2 % is increasing fi-onn $3,409,070 to $3,744,091 as the full debt service associated with the Police Station and the Pre-School Facility begins to be realized. The debt service to net revenues ratio of 5% is still within the financial guidelines used by the Town. Additional information regarding debt service can be found in the Town Manager's Recommended Capital Improvement Plan for FYI 1-15. Debt Service $7,000,000 $6,000,000 $5,000,000 $4,000,000 \ —M Excluded Debt Non Excluded Debt $3,000,000 $2,000,000 $1,000,000 $- I FY04 FY05 FY06 FY07 FY08 FY09 FY10 FYI Retirement Assessment: The Essex Regional Retirement System has informed the Town that it can anticipate a $207,255 increase (7.98%) in FYI l for a total of$2,803,785. This money is used to offset a portion of the unfunded liability for municipal employees who have previously retired. Given the significant reduction ill the value of the system's investment portfolio, one would expect that the assessment to be greater then this 8% increase. However, the Essex Regional Retirement System has informed the town that under their operating procedures which only require actuarial updates every three years, the loss of portfolio value will not impact assessments until FY2012. hi order to moderate this future anticipated large increase in assessments, the Governor has filed legislation that would extend the funding period to eliminate the unfunded liability by an additional ten years. Group Health Insurance: The Town's appropriation to the Health Insurance Trust fiord to pay for its portion of employee health insurance costs is recommended to increase fi-onn $6,847,527 to $9,000,419 or a 31% increase. The magnitude of this increase is a result of last year drawing down the surplus in the Health Insurance Trust Fund by $1.8 million dollars through reducing the town appropriation to the trust fund by a similar amount. When one factors back in this $1.8 million dollars into last years appropriation, the actual increase in the town appropriation is 4% ($9,000,419/$6,847,527-1-$1,800,000) reflecting a decline in the growth of our health insurance claims. ( See page 32 ) State Assessments; State assessments are payments made to the state for a variety of regional programs that the town participates in, such as the Mosquito Control District and Regional Transit Authorities and to reimburse state for services provided to municipalities. In FYI I, based on the Governor's recommended budget, the total state assessment is expected decline by 6.42% from $2,336,140 in FYI O to $2,186,218 in FYI 1. Driving this reduction is a decrease in the Retired Teachers Health Insurance Assessment from $1,883,555 to $1,713,623. Capital and Reserves : $300,000 is recommended to be placed in the overlay account in FYI 1. In FYI 0, $905,000 was effectively transferred to the Town's Stabilization fund in order to address concerns from the Town's bond rating firm about inadequate reserve levels in the General Fund. This resulted in the Town's reserves increasing from $1,264,536 to $2,193,975 or 2.93% of operating expenses. Unfortunately, even with this infusion of money into the Stabilization fund, the Town was not able to avoid having a warning placed on our bond rating since we are still not at the 5-10% level of reserves deemed necessary by the financial markets. As we embark upon the FYI I budget process, consideration Should be given if additional funds become available to placing some of those funds into our stabilization fiord. OPERATING EXPENSES School/Municipal Allocation Budget Policy Statemmt: The Town has operated for' the past several years under a budget convention that allocates revenues beAveen the North Andover Public Schools and North Andover municipal ope7'ati077S Using this basic 07-Mula: Total Revel?ues'plots `Other Finance?g Sources' less `Non-DepartmeWal Costs' equal `Funds Available for Operating Ex7)e77ses'. Funds available for operating expenses are then initially split between the School Department and Municipal Departments on a 213i" (66.6%) 113i" (33.3%) basis. ...in recent years this convention has slowly changed in favor• of the School Department. Tf e must avoid continued School Department increases at the expense on Municipal operations and uo'ge return to the 213ir71113'`7 (ratio) (or lesser based on needs) split within a prudel?t number of budget cycles. Total Revenues and Other Financing Sources is projected to equal $76,758,098 and Non-Departmental Costs are estimated to be $22,871,449 leaving a balance of $53,886,648 available for Operating Expenses, an increase of$184,000 or one third of one percent (0.34%) If the current ratio of 68% of funds available for operations going to the School Department and 32% going to municipal operations were to be carried over into FYI 1, then the School Department would receive $125,099 of the available funds and the municipal departments would receive $58,871. Should the ratio return immediately to 2/3`x/ UP the School Department would see a decrease of $596,910 in funding while the municipal departments would see an increase of $755,491. In compliance with the Budget Policy Statement, this budget recommends that a `prudent number of budget cycles' to return to 2/3"'/l/3"' be five years. Under that calculation the School allocation is recommended to be $36,520,000 (rounded up) or basically level funded at last years amount and the municipal budget be set at $17,366,648 or an increase of$181,719 of the FYI projected budget. (See page 15) z The$1.8 million dollars made available by reducing the appropriation to the Health Insurance Trust fund was used to 1) increase the stabilization fund by$905,000 and 2)to balance the operating budget. Consolidation of Support Services Budget Policy Statement: Rec0g17izi77g that the toiiw must become 7rtwe efficient to szn vivo din-ing these dill cull times, the School Committee and the Board of Selectme77 sitccessfilllt� combined several functions over the past trvo years to recluce overlap and increase efficiencies....ive suggest that the Towwn Alanage7• in preparing his recommended FYI budget provicle an alternative bztdgel format that places these consolidated operations into clistinct buclget categories...rve urge that...consideration be given to fzmcling of a schoolhr7zn7icipal.facilities director... The Town Manager's Recommended Budget has been prepared using two formats or options. The first format Option A, (See pages 16- 18) is the same format that has been used in previous years, while Option B (See pages 19-22) breaks out the costs associated with Outside Auditing, Purchasing, Information Systems and Structures and Grounds that were previously budgeted in the respective School or Municipal Department Budgets, and combines them into four separate departments under the new budget category of Support Services with a total budget of$5,132,1 1 1. The largest Support Services Department under Option B is Structures and Grounds with a budget of $4,118,108. The recommended Town Manager's budget makes the assumption that with a budget in excess of$4 million dollars, through greater efficiency and economies of scale that sufficient funds could be found to pay for a Facilities Manager without having to increase the consolidated budget for this department. It should be recognized, that unlike the Purchasing and Information Technology Departments that have been successfully consolidated, at this stage a combined Structures and Grounds Department is only a budget concept, with considerable work to be done to implement it. To that end, similar to what occurred when the Information Technology Department was created, a working group of school and Municipal administrators and residents be immediately established to review current operations, look at other communities that have successfully consolidated facility maintenance and develop a course of action to establish this support department in North Andover. FY11 Recommended Expenditures Option Public Works N A Public Schools Health and Human �— Services Culture and Recreation Debt Employee Benefits Public Safety State Assessments General Government Other Non-Departmental FY11 Recommended Expenditures Option B Public Works Health and Human Services Culture and Recreation Suport Services N A Public Schools— Debt 4 Fi X-+ Employee Benefits Public Safety General Government State Assessments Other Non-Departmental Twenty Seventh Payroll Every seven years, due to the uneven nature of our calendar, North Andover has an extra payroll period beyond the normal 26 payroll periods in the other six years. To address the budget aspects of this 27"' payroll, it is recommended that salaried employees (both Non-union and Union employees) have their annual base salary divided by 27 pay periods rather then 26. The result would be that the employees would receive slightly less in their bi-weekly pay check but, because of the 27"' payroll, they would still be paid their annual salary. Hourly employees would continue to be paid based on the actual number of hours worked. (See Page 23) for details on the 27 payroll matter. Municipal Budgets: Most of these budgets were level funded; however, some were increased or decreased slightly as follows: Town Clerk- Increased by 12.56% to pay for three scheduled elections in FYI 1, compared to one scheduled election in FYI 0. Police Department—Funds to purchase 4 police vehicles were included in the recommended budget, but overtime was reduced from $417,793 in FY10 to $ 399,521 in FYI ] which may negatively impact staffing levels in FYI 1. Fire Department— Similar to the Police Department, overtime has been reduced from $732,913 in FYI to $675,907 in FYI 1, which may also negatively impact staffing levels. Department of Public Works -Streets and Sidewalks — Funding for small drainage improvement projects and contract services was reduced. Veterans Services- hlcreased benefit claims is resulting in the department's budget increase in FYI 1. Stevens Library— Funded at the mininnuli required to be certified by the state and thus eligible for state aid to libraries. Stevens Estate- The Stevens Estate Subsidy is anticipated to decrease to $40,000 for FYI 1, down from $91,380 in FYI and $196,295 in FY09 Conclusion: The Town Manager's Recommended General Budget should be considered the starting point in the budget deliberations that will ultimately result in a budget being approved at the May 11, 2010 Annual Town Meeting. Between now and then, budget assumptions and estimates are certain to change, some with positive results and some with negative results. Throughout this budget development process, we are committed to working with the various boards and committees involved to bring forward an agreed upon budget at town meeting that is fair, transparent and understandable. I would like to express my appreciation to members of the Revenue and Fixed Cost Committee and to Assistant Town Manager Ray Santilli for their considerable assistance in developing this budget and particularly to Town Accountant/Budget Director Lyne Savage who makes it all come together. Sincere M Rees Town Manager Town of North Andover Organizational Chart Citizens of Town Finance Board of School Legal Town Superintendent Manager Assistant Town School Manager/HR Director L Purchasing Elder Services Veterans Services Information Tech. Youth/Rec Services Stevens Estate Facilities Mgmt Stevens Liur ai y Outside Audit F I Community Finance Police Fire Public Town Development Plannin Budget Director/ Communications Emer enc M mt Streets/Sidewalks Town Accountant Conservation Fleet Maintenance Treasurer/Collector Health Solid Waste/Recycling � Assessor � Ins ectional Serv. Water/Sewer Board of A eals ORGANIZATION SUMMARY DIVISION/DEPARTMENT DIVISION/DEPARTMENT DIRECTOR Assessors Office Garrett Boles Assistant Town Manager/HR Director Ray Santilli Budget Director/Town Accountant Lyne Savage Community Development Curt Bellavance Conservation Department Jennifer Hughes Elder Services Irene O'Brien Emergency Management Jeff Coco Fire Department William Martineau Health Department Susan Sawyer Information Technology Matthew Killen Inspectional Services Gerald Brown Library Mary Rose Quinn Planning Department Judy Tycoon Police Department Richard Stanley Public Works Bruce Thibodeau Purchasing vacant Stevens Estate Laura Gifford Town Clerk Joyce Bradshaw Town Manager Mark Rees Treasurer Collector Jennifer Yarid Veterans Services Edward Mitchell Water Treatment Plant Dennis Bedrosian Youth & Recreation Services Richard Gorman FYI REVENUE PROJECTIONS 'Z.Increase F)'10 Projected to GENERAL FUND REVENUE FY2010 FY2010 Fr2010 FYI Fret FY11 Original Budget Per Recap Projected RFCC Reem'd TAI Recom'd TAI Recom'd PROPERTY'TAX LEVY Tax Limit 51,654,403 51,654,403 51,654,403 53,545,763 53,569,478 Add 2.5% 1,291,360 1,291,360 1,291,360 1,338,644 1,339,237 Add New Growth 600,000 623,715 623,715 500,000 500,000 Add Override 0 0 0 0 0 Lev}'Limit 53,545,763 53,569,478 53,569,478 55,384,407 55,408,715 +Debt Exclusion(s) 3,238,982 3,238,982 3,238,982 3,168,569 3,168,569 -SBA Reimb.-EXCLUDED DEBT 0 0 0 0 -Debt EXCIUSion Adjustment 0 0 0 0 -Bond Premium 0 0 0 0 -SBA interest reimb-High School (65,327) (68,926) (68,926) (68,926) (68,926)' sub total Excluded Debt 3,173,656 3,170,056 3,170,056 3,099,643 3,099,643 Max Levy 56,719,419 56,739,535 56,739,535 58,484;050 58,508,358 GENERAL FUND PROPERTY TAXES Property Tax(Net of debt exclusions) 53,549,363 53,545,376 53,545,376 55,384,407 55,408,715 3.48% Debt Exclusions 3,170,056 3,170,056 3,170,056 3,099,643 3,099,643 -2.22% Rollback Taxes 0 0 Tax Title 0 0 200,000 0 Actual Levy 56,719,419 56,715,432 56,915;432 58,484,050 58,508,358 2.80% Local Receipts Motor Vehicle Excise Motor Vehicle Excise 3,900,000 3,900,000 3,700,000 3,700,000 3,700,000 1 0.00% -4.13% -4.13% 4.68% 4.68% Other Excise Hotel Room Tax 0 0 0 0 0 Forest Products Tax 0 0 0 0 0 .let Fuel Tax 16,037 25,000 25,000 25,000 25,000 ! 0.00% Farm Animal Excise 0 0 0 0 0 Total Otter Excise 16,037 25,000 25,000 25,000 25,000 ;. 0.00% i Penalties&Interest Penalty/Int.on Prop.Tax 114,000 123,000 130,573 130,573 130,573 0.00% Penalty/Int.on MVX 28,000 28,000 22,450 27,792 27,792 j 23.80% Penalty/lilt,oil Tax Title 138,000 138,000 44,205 121,226 121,226 174.24% Over/Under 0 0 25 0 0 Lien Certificates 27,000 27,000 38,960 29,241 29,241 -24.95% Treasurer Demand Fee 24,000 24,000 27,078 24,000 24,000 -11.37% Total Penalttes&Interest 331,000 340,000 263,291 332,832 332,832 26.41°/ Payment in Lien Payment in Lieu of Taxes 30,000 29,000 29,000 29,000 29,000 0.00% Re�itse host Community Fee(per agreement) 269,839 271,920 271,910 275,319 275,319 j 1.25% Host Community Solid Waste Fees(per ton) 1,400,000 11450,000 1,462,559 1,450,000 1,450,000 -0.86% FYI REVENUE PROJECTIONS Increase r%'10 Projected to GENERAL FUND REVENUE FY2010 FV2010 Fr2010 Fv11 Original Budget Per Recap Projected RFCC Reem'd TAI Recom'd 'rim Recom'd 2.74% 3.76"/" Total Rrfuse 1,669,839 1,721,920 1,734,469 1,725,319 1,725,319 0.53"/" 0.82% 4.42% 2.74% 3.86% Other Charge's Ambulance Service 1,000,000 910,000 910,000 900,000 900,000 -1.10% 9.66% -0.21% 10.68% 1 0.68% I Fees Manager Misc.Fees 0 0 0 0 0 ! Clerk Application Fees 500 500 450 500 500 Cable Fees 4,000 4,000 4,949 4,000 4,000 -19.18% Dog Fees 41,000 45,000 45,000 41,000 41,000 !, -8.89% Town Clerk Fees 21,000 19,000 18,513 21,000 21,000 13.43% Clerk Violation Fees 4,000 5,000 4,120 41000 4,000 -2.91% Passports 24,000 24,000 14,750 24,000 24,000 I. 62.71% Conservation Fees 0 68 208 0 0 Planning Board Filing Fees 25,000 21,000 23,222 25,000 25,000 7.66% Police Fee's 3,000 2,500 21650 3,000 3,000 13.21% Building Inspection Fees 600,000 630,000 600,000 630,000 630.000 5.00% -4.62% 0.15% 4.66% 0.00% Plumbing Inspection Fees 39,000 63,990 56,977 60,000 60,000 i 5.31% Electrical Inspection Fees 72,000 73,142 80,851 75,000 75,000 i -7.24% Recycling Fees 80,000 48,000 3,249 48,000 48,000 1377.22% Weights/Measures 1200 4,300 2,868 4,000 4,000 39.47% Health Department Fees 0 0 0 0 0 Total Fees 915,700 940,500 857,807 939,500 939,500 _ 9.52% Rentals School Dept.Rentals 0 0 0 0 0 School Revenue Medicaid Reimbursement 130,000 200,000 125,933 140,000 140,000 11.17% School Dept.Miscellaneous 0 0 1,580 0 0 t Total School Revenue 130,000 200,000 127,513 140,000 140,000 9.79% E I Lihrny Revenue Library Fines 14,000 14,000 16,698 14,000 14,000 -16.16% Recreation Bathing Beach Receipts 25,000 29,350 29,350 29,000 29,000 !. -1.19% Other Receipts Misc.Dept Revenue 0 2,712 3,720 0 0 Assessor Dept, Revenue 2,000 2,000 1,634 1,500 1,500 -8.21% Extended Polling Hours 3,800 3,800 3,996 3,800 3,800 ', -4.90% Appeals Board Receipts 5,000 5,800 3,800 5,000 5,000 :; 31.58% DPW Misc Revenue 0 0 0 0 0 Police 10%Admin.Fee 50,000 59,000 30,861 50,000 50,000 62.02% Police Misc.Revenue 0 0 0 0 0 Fire Misc Revenue 0 0 0 0 0 Building Department Other Revenue 0 0 0 0 0 Fire Alarm Box Permit Fees 23,000 21,400 21,400 21,400 21;400 ; 0.00% Cell Tower Lease 78,000 101,168 81,825 96,219 96,219 17.59% Health Dept Misc Revenue 0 0 0 0 0 Civil Defense Misc,Revenue 0 0 0 0 0 FY11 REVENUE PROJECTIONS 'i Increase FY 10 Projected to GENERAL FUND REVENUE FY2010 FY2010 xY2010 Fill FYI FYI I Original Budget Per Recap Projected 12FCC Recm'd Till Recom'd Tjkl Recom'd Boxford Veterans Reimbursements 10,000 12,900 12,900 10,000 10,000 -22.48% Rental Income 7,080 11,220 11.220 11,220 11,220 0.00% Total Oilier Receipts 178,880 220,000 171,356 199,139 199,139 16.21% Licenses)Pen/its Liquor License 87,000 87,100 87,100 87,100 57,100 0.00% Other Alcohol License 4,000 4,000 1,100 1,100 1,100 0.00% Food License 2,000 3,775 3,775 3,000 3,000 -20.53% Miscellaneous Licenses 8,000 9,125 9,125 900 9,000 -1.37% License to Carry Firearms 3,000 3,000 1,475 3,000 3,000 103.39% Fire Permits 40,000 40,000 38,000 40,000 40,000 5.26% Health Permits 14,000 48,100 60,540 45,000 45,000 -25.67% Gas Permits 12,000 16,000 20,616 16,000 16,000 -22.39% Fishin;&Boating License 1,900 3,900 3,900 3,900 3.900 0.00% Total Licen•s'esINI-mils 171,900 215,000 225,631 208,100 208,100 f -7.77% Fill es/Fot feits Parking Fines 16,000 19,000 16,927 19,000 19,000 12.24% Court Fines 100,000 114,000 105,266 114,000 114,000 8.30% False Alarm Fine 1,000 7,000 6,990 7,000 7,000 0.14% Total Fines/Foifeits 117,000 140,000 129,184 140,000 140,000 ! 8.37% Investment Inconte Interest-General 508,500 470,000 300,000 290,000 400,000 33.33% 7.73% -0.43% 8.65% Total Local Receipts 9,007,856 9,154,770 8,519,299 81671,890 8,781,890 3.08% INTERGOVERNMENTAL,-STATE CHERRPSHEET Loss of Tax Vets/Blind/Widow(2%) 79,708 79,708 76,087 71,737 76,087 0.00% Loss of Tax Elderly(2%) 0 0 0 0 0 Chapter 70 Aid 5,551,977 5,440,937 5,440,937 4,896,843 5,440,937 0.000/0 Charter Tuition Assessment Reimb 0 29,011 29,011 26,110 13,001 -55.19% Police Career Incentive 142,867 33,700 33,700 30,330 16,757 i' -50.28% Veteran 134,747 121,452 121,452 109,307 176,367 45.22% Local Aid Add.Assistance 0 0 0 0 0 Unrestricted General Government Aid 1,822,451 1,805,628 1,805,628 1,625,065 1,715,347 i, -5.00% Highway Fund Ch. 81 0 0 0 0 0 State Owned Land 192,160 173,232 173,232 93,546 201,879 16.54% Other Town Aid 0 0 0 0 0 Charter School Capital Facility Reimb 16,970 0 0 0 0 Transportation Aid 0 0 0 0 0 Municipal One Time Relief Aid 0 0 0 0 0 School Building Assistance 412,131 412,131 412,131 412,131 412,131 j 0.00% Total Cherry Sheet Aid 8,353,011 8,095,799 8,092,178 7,265,069 8,052,506 !. -0.49% INTERFUND OPERATING TRANSFERS Transfer from Police Grant 0 0 0 0 0 Transfers from Special Revenue 64,599 64,600 64,600 0 0 MRI Funds-Health Dept 0 0 0 0 0 MRI Funds-Trash Truck Regulations 0 0 0 0 0 MRI Funds-School Public Health 0 0 0 0 0 FYI REVENUE PROJECTIONS i,Increase FYio Projected to GENERAL FUND REVENUE FY2010 FY2010 FY201 0 FYI I FYI I FYI I Original Budget Per Recap Projected RFC(Recm'd TA4 Recom'd TAI Recom'd MRI Funds-Public Safety 0 0 (1 0 0 Transfer from Health Ins Trust Fund 0 0 Transfer from Capital 0 0 Transfer from Stevens Est. 46,460 46,460 46,460 0 46,460 ! 0.00% Transfers from Sewer 383,783 383,783 383,783 422,161 422,161 10.00% Transfers from Water Enterprise 623,712 623,712 623,712 658,016 658,000 5.50% Toth/Inletf ntrl Operafing Trwtsfers 1,118,554 1,1 18,555 1,1 18,555 1,080,177 1,126,621 0.72% 5.50% 5.50% TOTAL OPERATING REVENUES 75,198,840 75,084,556 74,645,465 75,501,186 76;469,375 2.44% Dollar Change 2,070,465 1,956,182 1,517,090 416,630 %Change 2.83% 2.67% 2.07% 0.55% Reserves and One tints onh,revenue Recycling Incentive 0 0 0 0 0 !, Misc non recurring 0 17,223 6,846 0 0 -100.00% Misc non Recurring-Hopkinton Bill 52,787 30,696 50,000 50,000 62.89% Misc non recurring-Foundation Reserve(pothole Funds) 0 0 0 0 0 Misc non recurring-MSBA reimb(high sch) 0 0 0 0 0 Misc non recurring-FEMA reimbur 0 56,370 69,298 0 0 -100.00% Misc non recurring-MEMA reimbur 0 0 0 0 0 Misc non recurring-Medicare Part D 92,920 67,643 67,643 107,478 107,478 58.89% Trash Fee Stabilization Grant 0 0 0 0 0 Fransfer from GLSD 0 128,044 128,044 131,328 131,245 2.50% Transfer from reserve for Debt Payments 0 0 0 0 0 NESWC Dissolution 0 0 0 0 0 Free Cash 0 0 0 0 0 Stabilization 0 0 0 0 0 Surplus Overlay 0 0 0 0 0 Bond Premium 0 0 10,417 0 0 -100.00% Insurance Reimbursements 0 0 0 0 0 Tottd Reserves and One Time Revenues 92,920 322,067 312,943 288,806 288,723 -7.74% GENERAL FUNDS TOTAL 75,291,760 75,406,623 74,958,408 75,789,992 76,758,098 r_ 2.40% Dollar Change (108,293) 6,570 (448,215) 831,584 1,799,690 Percent Change -0.14% 0.01% -0.59% 1.11% 2.40% FISCAL YEAR 2011 Budget SCHOOL/TOWN RATIO CALCULATION FYI FY11 $Change %Change Projected Recommended Total Expenses $ 75,135,200 Less: Debt Service $ (6,648,052) Employee Benefits $ (10,519,500) Liability Ins. $ (300,641) State Assessments $ (2,336,140) Capital&Reserves $ (1,368,049) School Bldg&Regional School $ (260,139) Total Fixed Cost $ (21,432,522) Net Oper.Exp $ 53,702,678 School Budget $ 36,517,749 68.00% Municipal Budget $ 17,184,929 32.00% Total Operating Revenues $ 76,469,375 Free Cash $ _ Overlay Surplus $ _ Other one time revenues $ 288,723 Total Operating Revenues&Reserves $ 76,758,098 Less:Fixed Costs Debt Service $ (6,912,659) Employee Benefits $ (12,898,830) Liability Ins. $ (300,641) State Assessments $ (2,186,218) Capital&Reserves $ (300,000) School Bldg&Regional School $ (273,101) Total Fixed Cost $ (22,871,449) Net Rev.Available For Operations $ 53,886,648 School Budget 68.00% $ 36,642,849 $ 125,099 0.3414% Municipal Budget 32.00% $ 17,243,800 $ 58,871 0.3414% School Budget 66.66% $ 35,920,840 $ (596,910) -1.6617% Municipal Budget 33.33% $ 17,960,420 $ 775,491 4.3178% #of Budget Cycles 5 School Budget 67.73°/ $ 36,498,447 $ (19,302) -0.0529% $36,520,000 (Rounded up) Municipal Budget 32.27% $ 17,388,201 $ 203,272 1.1690% $17,366,648 TOWN OF NORTH ANDOVER FISCAL YEAR 2011 FINANCE PLAN - OPTION A FY11 RFCC Recommended %chg.FY10 %chg.FY10 Proj F410 Budget FY10 Budget (Per Revenue&FY11 Dept Projection&FY11 FY11 Town Manager &FY11 TM Vii.(On girfal). Recap) FY10 Projected Requested Budgets Req. Recommended Recm'd Revenues&Other Financing Sources Operating Revenues Property Taxes $ 56;719,419 $ 56,715,432 $ 56,915,432 $ 58,484,050 2.76% $ 58,508,358 2.80% Local Receipts $ 9,007,856 $ 9,154,770 $ 8,519,299 $ 8,671,890 1.79% $ 8,781,890 3.08% State Aid $ U53,011 $ 8,095,799 $ 8,092,178 $ 7,265,069 -10.22% $ 8,052,506 -0.49% Operating Transfers $ 1;1.18;554. $ 1,118,555 $ 1,118,555 $ 1,080,177 -3.43% $ 1,126,621 0.72% Total Operating Revenues $ 751198;840 $ 75,084,556 $ 74,645,465 $ 75,501,186 1.15% $ 76,469,375 2.44% Other Fin.Sources Free Cash 0 0 0 0 $ _ Overlay Surplus 0 0 0 0 $ _ Others one time revenues 92,920 322,067 312,943 288,806 $ 288,723 -7.74% Total Opr.Rev.&Fin Sources 75,291,760 75,406,623 74,958,408 75,789,992 1.11% $ 76,758,098 2.40% Non-Departmental/Fixed Costs Debt Service 6,556;856 6,556,856 6,648,052 6,912,659 3.98% $ 6,912,659 3.98% Retirement Assessment 2,596,530 2,596,530 2,596,530 2,803,785 7.98% $ 2,803,785 7.98% Workers Compensation 247;263 247,263 247,263 259,626 5.00% $ 259,626 5.00% Unemployement Compensation 153,180 153,180 153,180 200,000 30.57% $ 160,000 4.45% Group Insurance 6 8.47,527 6,847,527 6,847,527 9,079,903 32.60% $ 9,000,419 31.44% Payroll Taxes 600,000 600,000 600,000 600,000 0.00% $ 600,000 0.00% Police and Fire Acc. Insurance 75,000. 75,000 75,000 75,000 0.00% $ 75,000 0.00% Property and Liability Ins. 300,641. 300,641 300,641 300,641 0.00% $ 300,641 0.00% State Assessments 2,312,923 2,336,140 2,336,140 2,174,999 -6.90% $ 2,186,218 -6.42% Regional Schools (GLVT) 259,239. 259,239 259,239 272,201 5.00% $ 272,201 5.00% School Building Comm. - 900 900 900 900 0.00% $ 900 0.00% Capital and Reserves ____1;205;000 1,276,669 1,276,669 300,000 -76.50% $ 300,000 -76.50% Total Non-Departmental Costs 21,155,060_ 21,249,946 21,341,142 22,979,715 7.68% $ 22,871,449 7.17% Operating Expenses Gen.Government Town Moderator 825 825 825 825 0.00% $ 825 0.00% Selectmen,Town Manager 293;382 293,382 291,223 299,186 2.73% $ 291,204 -0.01% Ass'TTown Manager/HR 98,365 98,365 97,641 101,801 4.26% $ 98,365 0.74% TOWN OF NORTH ANDOVER FISCAL YEAR 2011 FINANCE PLAN - OPTION A FY11 RFCC Recommended %chg.FY10 %chg.FY10 Proj FY10 Budget FY10 Budget (Per Revenue&FY11 Dept Projection&FY11 FY11 Town Manager &FY11 TM (Onginal) Recap) FY10 Projected Requested Budgets Req. Recommended Recm'd Town Accountant/Budget 257,774 257,774 255,865 266,472 4.15% $ 260,219 1.70% Purchasing 66,760 66,760 66,269 65,356 -1.38% $ 62,900 -5.08% Finance Comm. 295 795 795 795 0.00% $ 795 0.00% Treasurer/Collector 313,500 313,500 311,192 317,062 1.89% $ 314,685 1.12% Outside Auditing 60,000 60,000 59,558 60,000 0.74% $ 51,000 -14.37% Assessors 308;298 308,298 306,029 313,381 2.40% $ 307,320 0.42% Legal 215,000 215,000 213,417 250,000 17.14% $ 225,000 5.43% Information Technology 362,500 362,500 359,832 359,995 0.05% $ 353,389 -1.79% Town Clerk 296,982 296,982 294,796 339,582 15.19% $ 331,812 12.56% Comm .Dev.Adm. 204,919 204,919 204,919 209,653 2.31% $ 204,430 -0.24% Planning 114,301 114,301 114,301 115,852 1.36% $ 113,435 -0.76% Conservation 87,071 87,071 87,071 86,349 -0.83% $ 84,230 -3.26% Zoning Board of Appeals 37;316 37,316 30,796 31,015 0.71% $ 31,015 0.71% Total Gen.Gov't. 2,7171788 2,717,788 2,694,529 2,817,325 4.56% $ 2,730,625 1.34% Public Safety Police Dept. 4;283,946 4,283,946 4,252,414 4,730,808 11.25% $ 4,309,432 1.34% Fire Dept. 4,370,592 4,370,592 4,338,422 4,526,818 4.34% $ 4,333,998 -0.10% Inspectional Services 250,243 250,243 250,243 257,804 3.02% $ 250,627 0.15% Emergency Mgt. F 21;237 21,237 21,081 21,237 0.74% $ 21,237 0.74% Total Public Safety 8,926,018 8,926,018 8,862,160 9,536,666 7.61% $ 8,915,294 0.60% Public Works Administration. 359272 359,272 359,272 376,474 4.79% $ 365,907 1.85% Streets&Sidewalks 782;278 782,278 773,861 794,459 2.66% $ 768,685 -0.67% Solid Waste Recycling 1;300;000 1,300,000 1,290,431 1,296,275 0.45% $ 1,296,275 0.45% Structures and Grounds -506,319 506,319 502,607 524,446 4.35% $ 498,599 -0.80% Fleet Maintenance 273,838 273,838 271,822 276,604 1.76% $ 276,604 1.76% Snow and Ice 700,000 700,000 700,000 1,074,926 53.56% $ 726,559 3.79% Total Public Works 3;921,707 3,921,707 3,897,994 4,343,184 11.42% $ 3,932,628 0.89% Health&Human Services Health Dept. 191,953 191,953 191,953 198,243 3.28% $ 191,953 0.00% Elder Services 241,757 241,757 239,978 253,753 5.74% $ 242,469 1.04% Youth Services °243,952 243,952 242,156 283,932 17.25% $ 242,156 0.00% Veterans Services 219;164 219,164 249,551 261,252 4.69% $ 259,464 3.97% Total Health and Human Services 896;826 896,826 923,638 997,180 7.96% $ 936,042 1.34% Culture and Recreation TOWN OF NORTH ANDOVER FISCAL YEAR 2011 FINANCE PLAN - OPTION A FY11 RFCC Recommended %chg.FY10 %chg.FYI Proi FY.10 Budget FY10 Budget (Per Revenue&FY11 Dept Projection&FY11 FY11 Town Manager &FYI 1 TM (Onginal) Recap) FY10 Projected Requested Budgets Req. Recommended Recm'd Stevens Library 812,590 812,590 806,609 840,966 4.26% $ 812,060 0.68% Festival Committee 0 0 0 0 $ _ Historical Commission 0 0 0 0 $ _ Recreation Commission 0 0 0 0 $ _ Total Culture and Recreation 812;590 812,590 806,609 840,966 4.26% $ 812,060 0.68% Salary Reserve 0 $ _ Stevens Estate Subsidy 120;000 120,000 91,380 40,000 -56.23% $ 40,000 Total Other 120,000 120,000 91,380 40,000 -56.23% $ 40,000 -56.23% Total Municipal Budget 17;394;929' 17,394,929 17,276,309 18,575,321 7.52% $ 17,366,648 0.52% North Andover Public Schools 36;761,749 36,761,749 36,517,749 38,014,976 4.10% $ 36,520,000 0.01% Total Education Budget 36;7613749 36,761,749 36,517,749 38,014,976 4.10% $ 36,520,000 Total Non-Dept,Municipal&School 754311;738 75,406,624 75,135,200 79,570,012 5.90% $ 76,758,098 2.16% Surplus/Deficit (19;978) (1) (176,792) (3,780,020) 0 FY 11 GENERAL FUND BUDGET - OPTION B w/ Support Services Recommendations FYI FYI Reclass to Support Town Mgr Rec.w/Support Town Mgr.Rec. Services Services GENERAL GOVERNMENT Town Moderator 825 0 825 Selectmen/Town Manager 291,204 -950 290,254 Asst.Town Manager/HR 98,365 0 98,365 Town Accountant 260,219 -31,233 228,986 Purchasing 62,900 -62,900 0 Finance Committee 795 0 795 Treasurer/Collector 314,685 -500 314,185 Outside Auditing 51,000 -51,000 0 Assessing 307,320 -4,000 303,320 Legal 225,000 0 225,000 Information Systems 353,389 -353,389 0 Town Clerk 331,812 -2,000 329,812 Community Development 204,430 -29,100 175,330 Planning 113,435 -600 112,835 Conservation 84,230 -1,885 82,345 Board of Appeals 31,015 0 31,015 2,730,625 -537,557 2,193,068 PUBLIC SAFETY Police Department 4,309,432 -199,941 4,109,491 Fire Department 4,333,998 -47,750 4,286,248 Inspectional Services 250,627 -2,320 248,307 Emergency Management 21,237 -5,200 16,037 8,915,294 -255,211 8,660,083 EDUCATION N A Public School 36,520,000 -3,723,532 32,796,468 36,520,000 -3,723,532 32,796,468 PUBLIC WORKS Administration 365,907 -6,000 359,907 Street& Sidewalks 768,685 0 768,685 Solid Waste/Recycling 1,296,275 0 1,296,275 Fleet Maintenance 276,604 0 276,604 Structures & Grounds 498,599 -491,836 6,763 Snow& Ice Removal 726,559 0 726,559 3,932,628 -497,836 3,434,792 FY 11 GENERAL FUND BUDGET - OPTION B w/ Support Services Recommendations FY11 FY11 Reclass to Support Town Mgr Rec.w/Support Town Mgr.Rec. Services Services HEALTH & HUMAN SERVICES Health Department 191,953 0 191,953 Elder Services 242,469 -1,209 241,260 Youth Service 242,156 -6,100 236,056 Veterans Service 259,464 -1,380 258,084 936,042 -8,689 927,353 CULTURE & RECREATION Stevens Library 812,060 -109,286 702,774 Festivals Committee 0 0 0 Recreation 0 0 0 Historial Commission 0 0 0 812,060 -109,286 702,774 SUPPORT SERVICES Outside Auditing 0 51,000 51,000 Purchasing 0 62,900 62,900 Information Systems 0 900,104 900,104 Structures & Grounds 0 4,118,108 4,118,108 0 5,132,111 5,132,111 DEBT SERVICE Excluded- Principal- Long Term 2,529,856 2,529,856 Excluded - Interest- Long Term 638,713 638,713 Excluded- Interest-Short Term 0 0 Included - Principal - Long Term 3,044,825 3,044,825 Included- Interest- Long Term 699,266 699,266 Included- Interest-Short Term 0 0 6,912,660 0 6,912,660 EMPLOYEE BENEFITS Retirement Assessment 2,803,785 2,803,785 Workers Comp 259,626 259,626 Unemployment Compensation 160,000 160,000 Group Insurance 9,000,419 9,000,419 Payroll Taxes 600,000 600,000 Police & Fire Accident&Sickness Inc. 75,000 75,000 12,898,830 0 12,898,830 LIABILITY INSURANCE 300,641 0 300,641 CAPITAL & RESERVES FY 11 GENERAL FUND BUDGET - OPTION B w/ Support Services Recommendations FY11 FY11 Reclass to Support Town Mgr Rec.w/Support Town Mgr.Rec. Services Services Finance Committee Reserve 0 0 Transfer to Stabilization Fund 0 0 Articles 0 0 Deficits (Stevens Estate) 40,000 40,000 Overlay 300,000 300,000 340,000 0 340,000 STATE ASSESSMENTS Spec Ed 36,547 36,547 Mosquito Control 85,449 85,449 Retired Teachers Health Insurance 1,713,623 1,713,623 Air Pollution Districts 8,484 8,484 Regional Transit 174,085 174,085 RMV Non Renewal Surc 17,460 17,460 School Choice 16,000 16,000 Charter School Assessment 74,952 74,952 Essex County Agricultural Assessment 59,618 59,618 2,186,218 0 2,186,218 Regional Schools 272,201 272,201 School Building Committee 900 900 273,101 0 273,101 Total Non -Departmental Cost 22,911,450 0 22,911,450 General Fund Budget 76,758,098 0 76,758,098 FYI GENERAL FUND BUDGET-OPTION B Support Services Detail Description 2011 Town Mgr Recmd Audit Services $51,000.00 Auditing Services $51,000.00 Salaries-Full Time $60,000.00 Advertising $300.00 Training And Education $1,000.00 Telephone $600.00 Office Supplies $200.00 Auto Mileage $300.00 Other Charges And Expense $500.00 Purchasing $62,900.00 Salaries-Full Time $480,261.00 Auto Mileage $2,400.00 Computer Upgrade And Repairs $52,492.00 Contract Services $122,745.00 Dues And Subscriptions $600.00 Equipment Repairs-Tech Sys $14,250.00 Equipment Technology Replacement $40,500.00 Network $50,000.00 Office Supplies $500.00 Outside Professional Services- $16,650.00 Repairs And Maintenance $4,000.00 Software $19,673.00 Software Licenses $50,583.00 Telephone $36,450.00 Training And Education $9,000.00 Technology $900,104.00 Salaries-Full Time $277,518.00 Salaries Custodians $989,039.28 Salaries Other $20,335.87 Salaries Other-Tech Maint HS $63,892.12 Summer Help-Custodial Sys $40,904.64 Longevity $2,704.24 Auto Mileage-Custodial Sys $3,703.10 Building Repairs And Maintenance $69,516.93 Contract Services $242,394.21 Electricity $983,197.41 Equipment-New Maint<5,000.)Sys $4,872.50 Equipment Replacement-Repl Maint<$5,000.)Sys $8,185.80 Equipment Rental/Lease-Lease Sys $5,616.04 Equipment Repairs-Maint Equip Sys $16,003.24 Extrodinary Maintenance(Special Projects)-Sys $24,362.50 Garbage Removal $2,025.99 General Supplies Custodial-HS $104,271.50 Heating Fuel $650,246.82 Materials And Supplies $25,337.00 Outside Professional Services $70,164.00 Overtime $4,872.50 Repairs And Maintenance $210,886.67 Telephone $189,162.14 Uniform And Clothing Allowanace $14,714.95 Vehicle Fuel-Sys $2,728.60 Vehicle Maintenance-Sys $1,949.00 Water/Sewerage $89,502.95 Facilities $4,118,108.00 Total Support Services $5,132,111.00 EXPENDITURE SUMMARY 27TH PAYROLL FY11 Reduction FY11 for Non Union- DEPT REQUEST Salary Town Mgr. Rec. GENERAL GOVERNMENT Town Moderator $0 $0 $0 Selectmen/Town Manager $7,982 ($7,982) $0 Asst. Town Manager/HR $3,436 ($3,436) $0 Town Accountant $7,602 ($6,253) $1,349 Purchasing $2,456 ($2,456) $0 Finance Committee $0 $0 $0 Treasurer/Collector $6,411 ($2,377) $4,034 Outside Auditing $0 $0 $0 Assessing $6,645 ($6,060) $584 Legal $0 $0 $0 Information Technology $6,606 ($6,606) $0 Town Clerk $6,262 ($4,270) $1,992 Community Development $5,223 ($5,223) $0 Planning Board $3,766 ($2,417) $1,349 Conservation Commission $2,794 ($2,119) $675 Board of Appeals $0 $0 $0 $59,184 ($49,200) $9,984 PUBLIC SAFETY Police Department $117,520 ($100,624) $16,897 Fire Department $110,327 ($108,864) $1,463 Inspectional Services $8,526 $0 $8,526 Emergency Management $0 $0 $0 $236,372 ($209,488) $26,885 EDUCATION N A Public School $0 $0 27th Payroll cost-Education $134,417 ($89,570) $44,847 $134,417 ($89,570) $44,847 PUBLIC WORKS Administration $13,023 ($10,568) $2,456 Street& Sidewalks $13,685 $0 $13,685 Solid Waste/Recycling $1,850 $0 $1,850 Fleet Maintenance $1,828 $0 $1,828 Structures & Grounds $6,753 $0 $6,753 Snow& Ice Removal $0 $0 $0 $37,139 ($10,568) $26,571 HEALTH & HUMAN SERVICES Health Department $6,290 ($6,290) $0 Elder Services $7,792 ($5,301) $2,491 Youth Service $7,001 ($7,001) $0 Veterans Service $1,788 ($1,788) $0 $22,871 ($20,380) $2,491 CULTURE & RECREATION Stevens Library $8,477 ($4,714) $3,763 Festivals Committee $0 $0 $0 Recreation $0 $0 $0 Historial Commission $0 $0 $0 $8,477 ($4,714) $3,763 Total 27th Payroll $498,460 ($383,920) $114,540 TOWN OF NORTH ANDOVER POSITION LIST COMPARISON REQUESTED FY09 FY10 FYI 1 STAFF STAFF STAFF VARIANCE DEPARTMENT POSITIONS POSITIONS POSITIONS +/(_) Town Manager/Selectmen 2.7 2.7 2.7 0.0 Ass't Town Manager/Human Resources 1.0 1.0 1.0 0.0 Town Accountant 4.0 4.5 4.5 0.0 Treasurer/Collector 4.0 4.0 4.0 0.0 Assessor 3.5 3.5 3.5 0.0 Information Technology 3.0 3.0 3.0 0.0 Purchasina 1.0 1.0 1.0 0.0 Town Clerk 3.5 3.5 3S 0.0 Community Development 2.0 2.0 2.0 0.0 Planning 2.0 2.0 2.0 0.0 Conservation 1.5 1.5 1.5 0.0 Board of Appeals 1.0 1.0 1.0 0.0 Inspectional Services 4.4 4.4 4.4 0.0 Health 3.4 3.6 3.6 0.0 Police 53.0 53.25 53.25 0.0 Fire 56.0 5625 56.25 0.0 Emergency Management 0.0 0.0 0.0 0.0 Public Works 22.5 22.5 22.5 0.0 Youth& Recreation Services 4.0 4.0 4.0 0.0 Veterans Services 1.0 1.0 1.0 0.0 Elder Services 5.0 5.0 5.0 0.0 Library 11.8 11.8 11.8 0.0 190.3 191.5 191.5 0.0 NOTE: School Department and Enterprise Funds positions, as well as positions funded by outside sources, are not included. 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 A wording. Stevens Estate Zoning Board of Selectmen Would allow for the Gate House to be rented to B Change a business. Update Licesning By-Law Town Clerk The bylaws for junk dealers,fortune tellers,etc have not been updated in a number of years. 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 Community"the town must adopt changes to "Green Community" Community Development 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 Community Development Community"the town must adopt an alternative C 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 D Management Program Acceptance of Road Ways Planning and DPW Acceptance of Peachtree and Lavender Circle as public ways Amend Chiefs of Police and Amend bylaw to allow for results of assessment Board of Selectmen Fire By-law centers to be in place for x number of years. Revisions to CDD1 and Planning Board To accommodate requests of business owners CDD2 zoning districts located in those districts Fire Department Contract To fund any monetary award granted by an Award Board of Selectmen arbriator regarding the Fire Union collective bargaining agreement. To create a bylaw requiring owners of _ Vacant Property By-law Town Manager--_____w_—foreclose p or pe to maintain and make safe or face fines. Establishes a trust fund to address the unfunded Acceptance of Chapter 479 of liability associated with Other Post Employment the Acts of 2008 Town Manager Benefits and allows Medicare Part D E reimbursements to be placed in the fund. I Petition State Legislature to assist in removal of utility Town Manager Depends upon discussions currently on going Depends poles in the Old Center with ds n. i �I I i SECTION 2 DEFINITIONS Al 2,63°1 Sign, Area of (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 °°°°„*as hereinAer peed 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 A3 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. 57.31 —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, 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 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, 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 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. I 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 RI,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 COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM TO: Mark Rees, Town Manager FROM: Curt Bellavance, Director RE: Massachusetts Green Communities Act Assistance Program DATE: February 3, 2010 On Monday, February 1 our office held the first meeting as part of the Green Communities Assistance Grant. The grant was awarded to North Andover by the Department of Energy Resources (DOER). The grant provides an energy consultant to work with the Town and provide an action plan for becoming a "Green Community". The consultant assigned to North Andover is ICF International. In order to become a Green Community the Town must commit to the five goals listed below. If the Town becomes a Green Community then there are additional State funds available to the Town. The funds have been set aside in an Energy Trust which can only be used for specific purposes related to energy reduction. The consultant is required to produce an Action Plan that will assist the Town on reaching the five goals. This memo briefly describes the five criterion needed to be "adopted" for becoming a Green Community. Criterion 1—As of Right Zoning The Town must demonstrate that an Industrial District (Osgood Landing)zoning specifies medium and heavy manufacturing related to alternative energy. Our office will work with DOER on any specific language requirements. ATM must adopt zoning changes. Criterion 2—Expedited Permitting North Andover has adopted the 43D Expedited Permitting process but will need to adopt Criterion#1 within the 43D district(Osgood Landing)to meet DOER requirements. 1600 Osgood Street,North Andover,Massachusetts 01845 D{....... 070 400 0541 C.... 070 L00 OCAS ULJ. .........i.....e..�.,...+6...,d.......�.+.., Criterion 3—Baseline GHG Inventory& Plan to Reduce GHG Emissions The North Andover Sustainability Committee (NASC) has made significant progress on the energy-use baseline. The Town has been working with Peregrine, who developed DOER's new Mass Energy Insight tool. Also,Town vehicle fuel use and mileage are tracked using the Gasboy software. Some Town buildings were audited in 2009. The consulting group Snyder is developing a baseline inventory for the schools. The Town would have five years to reduce their energy consumption by 20%based on the baseline audit. Criterion 4—Green Vehicle Fleet Purchasing Policy The Town has a current inventory of its municipal vehicles and would need to commit to purchasing green vehicles in the future. The process of replacing older vehicles with green vehicles would need to be outlined in a Green Vehicle Fleet Purchasing Policy and Plan. The Board of Selectmen and/or Town Manger would need to adopt a vehicle purchasing policy. Criterion 5—Stretch Code This is the criterion that may generate the most debate. The Town would need to adopt the Stretch Code,which is an appendix to the State Building Code (780 CMR) adopted by the Board of Building Regulations and Standards last year. The Stretch Code is based on the International Energy Conservation Code (IECC)and is an optional code that exceeds the current energy code and provides higher construction standards for both residential and commercial construction. ATM must adopt the code. The following people were present at the meeting. Curt Bellavance Division of Community Development Director Bruce Thibodeau Division of Public Works Director James Mealey Public Schools Business Manager Jerry Brown Building Department Inspector of Buildings Stephen Sakakeeny Sustainability Committee Volunteer Steve Foster Sustainability Committee Volunteer Susan Almono Sustainability Committee Volunteer Leiran Biton ICF International Consultant 1600 Osgood Street,North Andover,Massachusetts 01845 DL.,.,.. 070 400 OS91 C.... 07Q 400 OSA9 IAl..6 ........, i 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. i 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 prop- roperty containing a minimum of fifty(50)acres: i i i i I 78o CMR Appendix 12o AA Stretch Energy Code The Stretch Energy Code is the International Energy Conservation Code(IECC)2009 with amendments contained herein. CHAPTER 1-ADMINISTRATION SECTION 1oi-SCOPE AND GENERAL REQUIREMENTS Remove sections 101.1,101.2, 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 Plan 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. 1 Page Cti 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. i 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 logy,lob and log I CHAPTER 2 — DEFINITIONS i 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)/(i000*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 to 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. I CHAPTER 3 —CLIMATE ZONES Delete section 3o1 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 C3 • 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 2oog 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 maybe 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 2oog 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 401.6 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 1 http://www.energystar.gov/ia/partners/b.ldr-s_lenders_raters/downloads/Thermal_Bypass_Inspec-tion_Checklist.pdf 31 Page C,-C, • 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 100,00o 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 20%below the energy requirements of ASHRAE/IESNA Standard 90.1-2007,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 100,00o sq.ft. Buildings between 5,000 sq.ft. and 100,00o 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 100,00o sq.ft.The requirements contained in section 501.1.4.1 and beyond of this chapter are applicable to buildings from 5,000 to 100,00o 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. I 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 41 Page c Metal buildings (with R-5 U-0.049 U-0.049 `J thermal blocks) Attic and other U- 0.027 U- 0.02 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- 0.064 U-0.0 Wood framed and other U-0.051 U-0.051 Walls, Below Grades 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-0.0 U-0.033 Slab-on-Grade Floors Unheated slabs F- 0.540 F- 0.520 Heated slabs F-0.58o F-0.580 Opaque Doors Swinging U-0.3 U-0.3 Roll-up or sliding U-0.50 U- 0.50 For SI:1 inch=25.4 mm. 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 7 deck Metal buildings(with R-5 R-1 +R-1 R-1 +R-10 Zone thermal blocks a,b) 3 9 9 7 Attic and other R-38 R-38 Zone 2-7 Walls,Above Grade Mass,exterior insulation R-11.4 ci R-13.3 ci Zone 5 Mass,interior insulation R-13 R-1 N/A Metal building R-13+ 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-13 +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-30 Zone -8 Slab-on-Grade Floors 51 Page R-io for 24 in. R-15 for 24 in. Unheated slabs below below Zone 6 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. 5 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. 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 0.80 All Other U-Factor a 0-45 SHGC-All Frame es SHGC 0.40 6 Page C?1 Skylights(3%maximum,or 5%maximum with automatic daylighting 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: i. 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: j 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.o.i 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.o 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. 8 Page Cq 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 c/o (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 i 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, 101 Page 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 C,v 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. 12 Page C ,3 4. HVAC controls system maintenance and calibration information,including wiring diagrams,schematics,and control sequence descriptions. Desired or field- determined setpoints shall be permanently recorded on control drawings at control devices or,for digital control systems,in programming comments. 5.A complete narrative of how each system is intended to operate,including suggested setpoints. 503.2.9.3.3 System balancing report.A written report describing the activities and measurements completed in accordance with Section 503.2.9.1.2 503.2.9.3.4 Final Commissioning Report.A complete report of test procedures and results identified as"Final Commissioning Report"shall include: 1. Results of all Functional Performance Tests. 2. Disposition of all deficiencies found during testing,including details of corrective measures used or proposed. 3.All Functional Performance Test procedures used during the commissioning process including measurable criteria for test acceptance,provided herein for repeatability. Exception: Deferred tests which cannot be performed at the time of report preparation due to climatic conditions. SECTION 505-ELECTRICAL POWER AND LIGHTING SYSTEMS (Mandatory) Replace sections 505.2.2.1 and 505.2.2.2 with: 505.2.2.1 Automatic lighting controls.All commercial buildings shall be equipped with automatic control devices to shut off lighting in compliance with one of the following automatic control technologies: 1. Section 505.2.2.1.1 Occupancy Sensors 2. Section 505.2.2.1.2 Time Clock Controls 3. Section 505.2.2.1.3 Automatic Daylighting Controls 505.2.2.1.1 Occupancy sensors Occupancy sensors must be installed in all classrooms, conference/meeting rooms,employee lunch and break rooms,private offices,restrooms,storage rooms and janitorial closets,and other spaces 300 sf.or less enclosed by ceiling height partitions.These automatic control devices shall be installed to automatically turn off lights within 30 minutes of all occupants leaving the space, except spaces with multi-scene control. 505.2.2.1.2 Time Clock Controls In areas not controlled by occupancy sensors, automatic time switch control devices shall be used. It shall incorporate an override switching device that: 1. Is readily accessible. 2. Is located so that a person using the device can see the lights or the area controlled by that switch,or so that the area being lit is annunciated. 3. Is manually operated. 13 Page C,N 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 2o,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. I 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. ------------ 14 Page c � 15 c. Hotel and Motel Guest Room Lighting—hotel and motel guest rooms and guest suites shall have a master control device at the main room entry that controls all permanently installed luminaires and switched receptacles. d. Task Lighting—supplemental task lighting,including permanently installed undershelf or undercabinet lighting,shall have a control device integral to the luminaires or be controlled by a wall-mounted control device provided the control device is readily accessible and located so that the occupant can see the controlled lighting. e. Nonvisual Lighting—lighting for nonvisual applications,such as plant growth and food warming, shall have a separate control device. f. Demonstration Lighting—lighting equipment that is for sale or for demonstrations in lighting education shall have a separate control device. Exceptions: a.,b. and d.Where LED lighting is used no additional control is required. Insert at end of section 505.5.2 NOTE: Compliance path b. (Reduced Lighting Power Density)in section 507 is not available for lighting installed according to the values in table 505.5.2.In this case, compliance can be met with one of the following paths: a. 507.2.1 Efficient Mechanical Equipment C. 507.2.3 On-Site Supply of Renewable Energy Replace, but retain notes and exception, Table 505.5.2 with: TABLE 505.5.2-INTERIOR LIGHTING POWER ALLOWANCES LIGHTING POWER DENSITY Whole Building Space by Space Building Area Typea (W ft2) Active Storage o.8 Atrium–First Three Floors o.6 Atrium–Each Additional Floor 0.2 Classroom/lecture/training 1.3 Conference/Meeting/Multipurpose 1.3 Corridor Transition 0.5 Dressing/Locker/Fitting Room o.6 Electrical Mechanical 1.5 Food Preparation 1.2 Inactive Storage 0.3 Laboratory 1.4 Lobby 1.1 Restroom o.8 Stairway o.6 Automotive FacHity 0.9 Automotive–Service Repair 0•7 Convention Center 1.2 Exhibit Space 1.3 Audience/Seating Area 0. 15 Page cq Courthouse 1.2 Audience/Seating Area 0.9 Courtroom 1• Confinement Cells 0• Judges Chambers 1.3 Dining:Bar Lounge/Leisure 1.3 Lounge/Leisure Dining 1.4 Dining: Cafeteria Fast Food 1.4 Dining:Family 1.6 Dining 1.4 Kitchen 1.2 Dormitory 1.0 Living Quarters 1.1 Bedroom 0• Study Hall 1.4 Exercise Center 1.0 Dressing/Locker/Fitting Room o.6 Audience/Seating Area 0.3 Exercise Area 0.9 Exercise Area/Gymnasium 1. Gynmasium 1.1 Dressing/Locker/Fitting Room o.6 Audience/Seating Area 0.4 Playing Area 1.4 Exercise Area 0.9 Healthcare Clinic 1.0 Corridors w atient waiting,exam 1.0 Exam Treatment 1.5 Emergency 2• Public&Staff Lounge o•8 Hospital Medical supplies 1. Hospital-Nursery o.6 Nurse station 1.0 Physical ther!ja 0• Patient Room 0• Pharmacy 1.2 Hospital/Radiology 0• Operating Room 2.2 Recovery 0.8 Active storage 0.9 Laundry-Washing o•6 Hospital 1.2 Hotel 1.0 Dining Area 1.3 Guest quarters 1.1 Reception/Waiting 2.5 Lobby 1.1 library 1.3 Library-Audio Visual 0.7 16 Page Stacks 1.7 Card File&Cataloguing 1.1 Reading Area 1.2 Manufacturing Facility 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-Famil y 0. Museum 1.1 Active Storage 0.8 General exhibition 1.0 Restoration 1.7 Bank Office-bayfldng activiV 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 o.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 1.7 Worshi Pul it 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 1.3 171 Page C 14 Mass Merchandising Sales Area 1.3 Mall Concourse 1.7 School/University 1.2 Classroom 1.3 Audience o. 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 Transportation 1.0 Dining Area 2.1 Baggage Area 1.0 Airport-Concourse o.6 Terminal-Ticket Counter 1.5 Reception/Waiting 0.5 Warehouse o.8 Fine Material 1.4 Medium/Bulky Material 0.9 Workshop 1.4 Replace section 506 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 ASHRAE/IESNA Standard go.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 507.1 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 I 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 Cate o Rating Condition EfficienCya Split system 15.0 SEER < 65,00o Btu/h 12.5 EER Single package 15.0 SEER 12.o EER _> 65,00o Btu/h and Split system and 11.5 EERb Air conditioners, < 13 ,000 Btu/h sin le acka e 11. IPLVb Air cooled >_ 135,00o Btu/h and Split system and 11.5 EERb < 240,00o Btu sin le acka e 11.9 IPLVb 2-240,00o Btu/h and< Split system and 10.5 EERb 760,00o 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 and single package evaporatively cooled 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. 19 Page i CLG TABLE 507.2.1(2) UNITARY AND APPLIED HEAT PUMPS, ELECTRICALLY OPERATED, EFFICIENCY REQUIREMENTS Equipment Size Category Subcategory Or Minimum e Rating Condition Efficiencya Split system 15.0 SEER < 65,000 Btu/h 12.5 EER 15.0 SEER Single package 12.o EER Air cooled >_65,000 Btu/h and Split system and 11.5 EERb (Cooling mode) < 135,000 Stu single package 11.9 IPLVb >_135,000 Btu/h and Split system and 11.5 EERb < 240,000 Btu/h single package 11.9 IPLVb z 240,000 Btu/h Split system and 10.5 EERb single package 1o.9 IPLVb Water source (Cooling mode) < 135,000 Btu/h 85°F entering water 14.o EER < 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 outdoor Air cooled < 135,000 Btu/h(Cooling air (Heating mode) capacity) 77 OF db/15 F wb 2.4 COP outdoor air 47°F db/43 1F wb 3,1 COP 2� 135,000 Btu/h outdoor air (Cooling capacity) 77°F 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 SI: °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 <7,000 Btu h 11.9 EER &Heat Pumps 7,000 Btu h and< 1o,000 Btu h 11.3 EER (Cooling Mode) io,000 Btu h and< 13,000 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 (4o6 mm)high and less than 42 inches(1067 mm)wide. 201 Page cl't 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 90%Et 430 or ANSI 221.47 gas fired o Maximum go/Ec, >_225,000 Btu/h capacity note 1. ANSI Z21.47 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 go%Ec ANSI Z83.8 furnaces, as fired capacity Warm air unit heaters, All capacities Maximum go%Ec ANSI Z83.8 as fired capacity Warm air unit Maximum heaters, All capacities go%Ec UL 731 r capacity oil fired For SI:1 British thermal unit per hour=0.2931 W. 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 <300,000 Btu go%Et Gas Hot Water >3oo,000 Btu/h and < 89%Et 2.5 mBtu Gas Steam < 300,000 Btu 89%Et >3oo,000 Btu 89%Et Oil < 300,000 Btu 9o%Et >300,000 Btu 89%Et Et=thermal efficiency 21 Page C'L 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 Type Cate o (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, All o.840 o.630 N/A N/A Reciprocating < go tons o. 8o o.600 N/A N/A Water Cooled, 90 tons and 0.730 0.550 N/A N/A < 150 tons Rotary Screw 150 tons and and Scroll o.610 0.510 N/A N/A <3oo tons > 300 tons o.600 0.490 N/A N/A < 150 tons o.610 o.620 o.630 0.400 150 tons and Water Cooled, <300 tons 0.590 0.560 0.600 0.400 Centrifugal 300 tons and 0.570 0.510 0.58o 0.400 < 600 tons > 600 tons 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.i(6) ABSORPTION CHILLERS-EFFICIENCY RE UIREMENTS Required Efficiency Full Load COP Equipment a (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. 22 Page C 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(W ft2) Automotive Facility o.8 Convention Center 1.1 Court House 1.1 Dining:Bar Lounge/Leisure 1.2 Dining: Cafeteria Fast Food 1.3 Dining:Family 1.4 Dormitory 0.9 Exercise Center 0.9 Fire Station 0. Gytnnasiurn 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 0.9 Warehouse o. 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 cZ� 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 i i 24 Page 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.G"Flood Resistant Construction"and any other applicable local,_ Deleted:Section 3107, state or federal requirements.The District includes all special flood hazard areas designated on the North Andover FIood Insurance Rate Map(FIRM)issued by the Federal Emergency Management Agency(FEMA)for the administration of the NEIP dated June 2, 1993 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-year base Boundary&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 FIRM,and Flood Insurance Study booklet are Deleted:,Floodway Maps incorporated herein by reference and are on file with the Town Clerk,Planning Board, Building Official and Conservation Commission. Deleted:official, 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 Page 2 of 4 An Act Providing for the Establishment of Other Post Employment Benefits Liability Trust Funds in Municipalities and Certain Other Governmental Units. Effective January 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 Commissions (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 Page 3 of 4 municipal 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 From: O'Neil, Maura A. Sent: Tuesday, October 06, 2009 10:38 AM To: Kingsley, Frederick Subject: FW: Retiree's Health insurance Hi Rick, Ellis thought you could answer this question. Maura 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 [mailto:GiustiHingstonCo @aol.com] Sent: Monday, September 28, 2009 5:44 PM To: O'Neil, Maura A. Subject: Retiree's Health insurance Hi Maura, 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 MASSACHUSETTS One Winthrop Square, Boston, MA 02110 BASED 617-426-7272 or 800-882-1498 M I MEMBER I (DRIVEN_', Facsimile 617-426-9546 a www.eniiia.org C February 1, 2010 Re: MIIA Dividend, 2010 Dear MIIA Member: At our annual meeting on January 23,2010, MIIA announced that the Board of Directors of tl. %ITT/� T3 opert-, =-1 � s l-. , (�.•n.,. T� 77,� 7 a 1 � '500,000 nn. T>: d ] s11 .i.l'.. Ivulii rvr .� w�:+ uocZGiL� 'v<0u,, X C. had ui+�l ure�l ipSVV,V�/�111 LltTl lterlu.5. Enclosed is a facsimile check showing the dividend amount awarded to you. You may use this as a premium credit or, if you prefer, you may request a check for this amount. In either case, please make your request in writing. Contact Greg McGrath at gmcgrath @mma.org(1-800-374-4405 ext. 256). If you wish to publicize the dividend award, I have enclosed a sample press release for your use. It was also announced at the annual meeting that MIIA is continuing distribution of $10,000,000 in Participation Credits over three years. Fiscal year 2011 will be the third year of this distribution. This amount more than doubles Participation Credits granted prior to FY2009. In addition,MIIA granted a one-time $2,000,000 Participation Credit retroactive to FY2009. This additional amount was distributed in July 2009. Thus,the three-year Participation Credit total will be $12,000,000. The Participation Credit recognizes the continuing commitment of many of our members over several years, and recognizes the administrative savings to the program from these loyal members.These credits will be applied to your Property &Liability and Workers' Compensation premiums on policies effective July 1,2010. Only members who remain in the program for fiscal year 2011 are eligible to receive Participation Credits.The credits will be shown in your invoice. Thank you for your loyalty and for your part in maintaining the excellent loss control and safety records which allows MIIA to provide these savings to our members. Sincer y, / John Kelly Operations Manager An Interlocal Service of the Massachusetts Municipal Association January 23, 2010 Pay to the North Andover $2,226 order of Two Thousand Two Hundred Twenty Six Dollars Geoffrey C.Beckwith,President Stanley 7.C coran R8: Dividend A �,' � :-'�� `� ` t �;' a Executive Vice President