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2010-01-25 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01 845 F Na TH 1 Tracy M. Watson, Chairman William F. Gordon o = A TEL. (978) 688-9510 Daniel P. Lanen + FAX (978)688-9556 Richard A.Nardella Rosemary Connelly Smedile y�SSncHUSE�e BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA JANUARY 25,2010—7:00 p.m. TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER IL EXECUTIVE SESSION A Collective Bargaining III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. January 11,2010,Open Minutes as written and Executive Session Minutes as written V. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT PP 1 A. PY09 Auditors Report and Management Letter B. Conditional appointment of Police Officer " t11 V1. CONSENT ITEMS A. Donation to Police and Fire Department from Schneider Electric Buildings Business B. Donation of Van from Merrimack College C. Partial Refunding of Municipal Purpose Loan of 2001 and 2002 VII. LICENSING COMMISSIONERS A. License Compliance Issues: Millennium Eatery, Inc,d/b/a Beijing Restaurant VIII. OLD BUSINESS A. Movie&Film Production Policy B. Revision to FYI I Budget Policy Statement C. Ambulance Rates 2010 D. Updated procedure for filling Fire Chief position IX. NEW BUSINESS A. Purchasing Director.lob Description Revision X. TOWN MANAGER'S REPORT -Waverly Street Sewer Project -Clean Energy Choice Grant Award -Attendance at Legislative Hearing -Joint meeting with Finance Committee to review CIP X1. ADJOURNMENT AUDIT COMMITTEE MEETING DECEMBER 7`', 2009 7:00 PM AGENDA: 1) Update Lydick matter -Internal Control audit- Sale/Transfer/Donation of Assets *Interviews, current policy, new internal controls i 2) Draft Management letter 2009 3) Draft Financials 2009 4) Future initiatives -Automated EFT payments, all departments, all payments MINUTES DECEMBER 7th, 2009 PRESENT: Rick Nardella-Chair, NA BOS Bob Ercolioni- Member, Public Chris Allen- Member, NA School Committee Mark Rees- Town Manager Called the meeting to order and presented the 09 Draft Audit Management letter for review. 1) Pre School revolving fund Have SC review the response for possible edit 2) Old outstanding checks This has been an ongoing item...Treasurer must resolve...Treasurer should submit written process to TM for approval...Described process may be too cumbersome. Find out real status... TM to revise response... 3) New sample to be drawn for HOURLY paid school staff to determine status. Town to write and publish the NA town policy regarding payroll time submission and processing. Auditors will revise wording to reflect status of time submission and recording of sick/holiday/vacation pay. This is not resolved. New status required after re audit. 4) Performance bonds This issue is unresolved. Departments must validate holding of bonds and synch up to their records. (Planning, Conservation, Others) TM must ensure that departments respond to Treasurers request for information. Treasurer must try to return monies not required or pass on to abandoned property process. TM to revise response... 5) Risk Assessment and monitoring This issue has been outstanding for a few years. No action was performed on this item this year. TM needs to create a Risk Register and provide to BOS for approval. This should be completed soon. TM to revise response... 6) Financial Policies and Procedures manual All currently documented policies and procedures should be presented to the BOS and adopted as policy so as to provide continuity through Tm and BOS members. More work needs to be done to complete these tasks. A schedule of required procedures should be matched against those completed. Remaining items should be prioritized. There should be no difference between the school and municipal sides as to like procedures. Schools should submit their documented and undocumented policies and procedures for inclusion in a Town of North Andover process manual. TM to revise response... 7) Disaster recovery plan This has been an ongoing issue. No progress was made on the 09 fiscal year. This Must be prioritized. The NA school department must also participate in this effort and provide all relevant information to complete this process. 8) Rick Nardella will contact the auditors to ask pertinent questions pertaining to several issues... (Payrol audit and process) 9) A discussion ensued concerning the receipt of cash for many school and municipal activities. It was agreed that the Town should proceed to provide the public an EFT option to pay any Town obligation or voluntary payment. The TM informed the Committee that the Treasurer was looking into a limited EFT plan. A discussion indicated that a full plan should be implemented to avoid the possibility of errors and miss handling of cash payments. More discussion and research are required but movement should be made to provide an EFT payment process. I Page 1 of 2 Rees, Mark From: Bob Ercolini [bob1cpa @yahoo.com] Sent: Wednesday, January 20, 2010 3:57 PM To: Rees, Mark; Rick Nardella; Chris Allen; Stan Limpert Cc: Mealey, James; Bellavance, Curt;Yarid, Jennifer; Savage, Lyne Subject: Re: Final Revisions to Mgt. Letter( Resonse by Ercolini) Attachments: Revisions%20to%20June%2030%202009%20mgt%201etter,%20rev1[1].doc Hi Mark, I am going to be away till Monday but I have attached my comments to the four items you sent. The Risk Assessment and Policy and Procedures Manauls are major issues that should be reviewed by the BOS. As indicated at the meeting, I also believe that a system of accountability for payroll costs should be implemented that documents where and how time is incurred by relevant functions for all employees. It is a critical step needed to reduce and better monitor risks in the town and related costs incurred. Also the appointment of the Town Accountant to the Financial Director position has reduced the Town's internal controls in that her independence from management no longer exists. Lyne has effectively become part of management. This is contrary to the Charter requirements. As indicated at the very brief meeting we had with the auditors, due to their limited time constraints, I believe that before the financials are issued,you need to make sure that the substanial accrual for the GASB 45 accrual has been computed correctly. Second,the pension footnote and information should be updated, from the(outdated)January 1,2008 valuation used in the draft June 30,2009 financials that will be issued in 2010,based on what has happened to investments in 2009 (The press reported losses of nearly 35%-so it is not like anyone doesn't know) and the town's significant assets invested. Third, due to the importance of citizens having faith in government and ther press surropunding the recent fraud,I believe that a footnote should be in the financial statements given full disclosure of the matter as of the date of issuance. On the later, it would be helpful to get a copy of the facts, as you know them, so that we can meet the responsibilities outlined by the BOS in their charge to the committee. I would appreciate a complete copy of the Management letter and Financial statements that will be presented to the BOS on Monday. Bob From: "Rees, Mark" <mrees @townofnorthandover.com> To: Rick Nardella <ricknardella @comcast.net>; Bob Ercolini <boblcpa @yahoo.com>; Chris Allen <CAllen @abbotfm.com>; Stan Limpert <slimpert @comcast.net> Cc: "Mealey, James" <mealeyj @northandover.kl2.ma.us>; "Bellavance, Curt" <cbellava @townofnorthandover.com>; "Yarid,Jennifer" <jyarid @townofnorthandover.com>; "Savage, Lyne" <Isavage @townofnorthandover.com> Sent: Wed, January 20, 2010 1:38:57 PM Subject: Final Revisions to Mgt. Letter To Audit Committee members: Base on our discussions with our auditors last week, staff has prepared the attached revisions to Management Responses to Comments in the FY09 Audit management letter. The auditors will be making their presentation to the Board of Selectmen at their January 25, 2010 meeting. So that we can get back to them in time to incorporate these changes in the final management letter, I would be appreciated if you could give us your feedback regarding these revisions by noon, tomorrow, January 21, 2010. Thank you. 1/20/2010 Page 2 of 2 Mark Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees a(,.townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 i 1/20/2010 Revisions to June 30,2009 management letter",Management's Response"comments D.:k": Deleted:y Treasurer/Collector Office—Old Outstanding Checks Management's Response: The total outstanding checks equal$23,503. We have stopped payment and reissued $9,658.79. The remaining checks are in various stages of being resolved. This resolution process which is in conformity with MGL CH200A will be completed by May 1,2010. Performance Bonds Management's Response: There are two reconciliations that must take place to address this finding.The first reconciliation is between the department(Planning,Conservation, Zoning Board and Public Works)records and the current bond balance recorded by the Treasurer/Collector. This reconciliation has and continues to take place. The second reconciliation is between the current bond balance and the bank statement to record interest earnings. This reconciliation is currently on going and is expected to be completed by February 15,2010. The pass book bonds,which have not been accepted since 1993,are in both the name of the person or organization posting the bond and the Town of North Andover necessitating approval by both parties to transfer them into the master trust account. The Treasurer/Collector will attempt to contact the person or organization to determine if they will authorize the transfer. Apart from the accounting,management will design processes and procedures to either return outstanding balances to the person or organization posting the bond or to take the necessary steps to foreclose on the bond and complete,to the extent possible,the outstanding work. Risk Assessment and Monitoring Management's Response: Management„is working on developing and implementing an Deleted: with the assstance of the �nua;c eomm;nee overall sk assessment program which is expected to be reviewed by the Audit --_ Deleted: fraud Committee.(Aside comment It is not the Audit.Committee responsibility to do this and this should the first item in the management report,as it is the most important). Comment Ibl]: i Financial Policies and Procedures Manual Management's Response: Management,both in general government and the school department,will continue to consolidate and standardize financial policies and procedures.(This should be much more specific as to its completion—no more than 12 to 18 months) I i Page 1 of 1 Rees, Mark From: Rees, Mark Sent: Tuesday, January 19, 2010 5:04 PM To: Savage, Lyne; Yarid, Jennifer; Mealey, James Cc: Bellavance, Curt Subject: Further revisions to management letter Attachments: Revisions to June 30.2009 mgt letter.doc To all, based on my notes from the meeting last week with our auditors and audit committee I have drafted the attached revisions to"Management's responses" Please review for accuracy, fill in the blanks and whether or not there our errors of omission or commission. If I could have your responses by tomorrow at noon, I will then forward a final copy to the audit committee prior to sending it on to our auditors who will be making their presentation at the Selectmen's January 25, 2009 meeting. Thanks for your continued assistance on this matter. Mark Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mreesCaD-townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 i 1/19/2010 Revisions to June 30, 2009 management letter"Management's Response"comments Treasurer/Collector Office—Old Outstanding Checks Management's Response: Jen,please type in the comments you prepared previously. Payroll Testing- Lyne or Jim,was there any revision to this comment, current status or management's response? Performance Bonds Management's Response: There are two reconciliations that must take place to address this fimding. The first reconciliation is between the department (Planning, Conservation, Zoning Board and Public Works)records and the current bond balance recorded by the Treasurer/Collector. This reconciliation has and continues to take place. The second reconciliation is between the current bond balance and the bank statement to record interest earnings. This reconciliation is currently on going and is expected to be completed by The pass book bonds,which have not been accepted since 19 ,are in both the name of the person or organization posting the bond and the Town of North Andover necessitating approval by both parties to transfer them into the master trust account. The Treasurer/Collector will attempt to contact the person or organization to determine if they will authorize the transfer. Apart from the accounting,management will design processes and procedures to either return outstanding balances to the person or organization posting the bond or to take the necessary steps to foreclose on the bond and complete,to the extent possible,the outstanding work. Risk Assessment and Monitoring Management's Response: Management,with the assistance of the Audit Committee is working on developing and implementing a fraud risk assessment program. Financial Policies and Procedures Manual Management's Response: Management,both in general government and the school department will continue to consolidate and standardize financial policies and procedures. TOWN OF NORTH ANDOVER, MASSACHUSETTS MANAGEMENT LETTER JUNE 30, 2009 I �i To the Honorable Board of Selectmen Town of North Andover, Massachusetts: In planning and performing our audit of the financial statements of the governmental activities,:the business-type activities, each major fund, and the aggregate remaining fund information of the Town of North Andover, Massachusetts' (the Town) as of and for the year ended June 30, 2009, in accordance:with auditing standards generally accepted in the United States of America, we considered the Town's internal control_over financial reporting (internal control)as a basis for designing our auditing procedures for the purpose of:expressing our opinions on the financial statements, but not for the purpose of expressing an.opinion onthe'effectiveness of the Town's internal control. Accordingly, we do not express an opinion on the effectiveness of the Town's internal control. A control deficiency exists when the design or operation of a control does=not allow,management or employees, in the normal course of performing their assigned functions, to prevent or-detect misstatements on a timely basis. A significant deficiency is a control deficiency, or a combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial.data reliably in accordance with generally accepted accounting principles such that there is more than.a remote`likelihood that a misstatement of the entity's financial statements that is more than inconsequential will�not.be prevented or detected by the entity's internal control. A material weakness is a significant deficiency;_or a combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control was,for the limited purpose described in the first paragraph and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control that we consider to be material weaknesses as defined above. However, during our audit.we became aware of other matters that are opportunities for strengthening internal controls and enhancing.operating efficiency. The memorandum that accompanies this letter summarizes our comments and.suggestions;concerning those matters. This communication is;intended solely for the information and use of management, and others within the organization, ands not intended to be and should not be used by anyone other than these specified parties. The Town's written response to the matters identified in our audit has not been subjected to the audit procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. November 30, 2009 TOWN OF NORTH ANDOVER, MASSACHUSETTS MANAGEMENT LETTER JUNE 30, 2009 TABLE OF CONTENTS PAGE Prior Year Comments and Recommendations......................................................... ...................... 1 Preschool Revolving Funds....................................................................................:. StudentActivity Funds................................................................................... .. ............................. 2 Treasurer/Collector's Office—Vendor Bank Account Reconciliation ........' Treasurer/Collector's Office—Old Outstanding Checks..... Payroll Testing ................................................ .. ....... ....................................................... 3 Boardof Health........................................................ ......... .................................................................... 4 Performance Bonds.......................................................:.. ............................................................................. 4 Special Education Program—Form 1-9 Employment Verification.................................. Risk Assessment and Monitoring...... ................................................................................................ 5 Financial Policies and Procedures Manual... ;:... Financial Systems Disaster,Recovery`Plan........................................................................................................... 6 New Accounting and Financial Reporting Requirements for Other Post-Employment Benefits (OPEB).............. 7 Current Year Comments�and Recommendations ..................................................................................................... 8 Other Post-employment;Benefits Actuarial Valuation............................................................................................ 9 g Inte ration ofAccourits Receivable Software........................................................................................................ 9 i This page intentionally left blank. Prior Year Commehts and come =_ figs i 1 Preschool Revolving Funds Prior Year Comment The prior year management letter indicated that it did not appear that expenditures were being properly allocated to the Pre-school program and that it did not appear that the fee structure was designed to recover the cost of the program. It was recommended that policies and procedures be implemented to ensure that all expenditures of the preschool program (direct and indirect) are properly recorded and allocated to the preschool revolving fund. Additionally, it was recommended that the preschool program's fee structure be designed to recover all program costs (direct and indirect). Current Status—Partially Resolved. Polices and procedures were implemented to ensure that all.direct and indirect program costs are charged to the revolving fund. However, the fiscal 2009 activity resulted in a net loss of$35,224 and resulted in a fund balance deficit totaling $5,988. Recommendation We recommend that the preschool program's fee structure be designed to recover;all program costs (direct and indirect). Management's Response With the increase in enrollment for the 2009-2010 school year, expenses including the deficit will be covered, and as we move forward, tuition will be increased to offset any increases in expenses. Student Activity Funds Prior Year Comment The prior year management letter identified that there were no procedures in place to reconcile the total individual student activity fund balances,(maintained in CAP software)to the balances recorded in the general ledger. Performance of this reconciliation provides-assurance that the student activity balances are properly recorded. It was also noted that the reconciliation ofthe total individual student activity fund balances to the book balances of the student activity,fund checking and agency bank accounts contained an unknown variance of$2,729. It was recommended that;procedures°be implemented to reconcile the total individual student activity fund balances (as maintained in CAP software)to Town's general ledger balances at the end of each month. It was also recommended that procedures be implemented to investigate and resolve all variances no later than 30 days after the end of each:month::,. Current Status—`:Resolved. Monthly student activity reports are provided to the Treasurer/Collector and Town Accountant by the:School Department. Procedures are in place to reconcile the bank balances to the general ledger balance-and to reconcile the general ledger balance to the School Department's balances. 2 Treasurer/Collector's Office—Vendor Bank Account Reconciliation Prior Year Comment The prior year management letter identified that the vendor account's bank to book reconciliation included amounts that had not been investigated and/or resolved timely. The amounts totaled approximately $4,000. It was recommended that procedures be implemented that require investigation and resolution of reconciling items within 30 days of the end of the previous month. i Current Status—Resolved. Procedures have been implemented to investigate and resolve reconciling items on a timely basis. Treasurer/Collector's Office—Old Outstanding Checks Prior Year Comment The prior year management letter identified that the vendor and payroll outstanding checklists included many checks greater than three (3) months old totaling approximately$93,000. `',Typically, checks greater than three (3) months old reflect checks that have been void, lost, misplaced or stolen. There is currently no process/procedure in place to investigate and resolve the status of these checks. It was recommended that the Treasurer/Collector implement monthly procedures to investigate and resolve outstanding checks greater than three(3) months old. To do so, the stale checks should be reclassified to tailings and removed from the outstanding check lists. For all uncashed checks greater than three years old, the Treasurer/Collector should follow the Massachusetts abandoned property law(MGL Chapter 200A, Section 9A)to bring them back into fund balance as miscellaneous revenue. Current Status—Partially Resolved. The Treasurer/Collector indicated that a procedure has been put in place to notify individuals of uncashed checks viaplone,call. However, the uncashed checks have not been moved to tailings and procedures have not been implemented:to bring the uncashed checks back into fund balance. Management's Response The Treasurer's office has made more Progress in ultimately closing uncashed checks back into fund balance. We have: written to the Mass.-Abandoned Property, sent letters to both Town & School employees asking if the checks should be reissued, stopped payment on the Town payroll checks. We will then stop payment on the school pa r ers.to the vendors, post the nonresponsive items on our website, advertise in the newspa er, hold hearing , ultimately closing nonresponsive items into fund balance. Payroll Testing -. � Prior Year Comment The prior year management letter identified instances where employee timesheets were not signed by the supervisor or the employee. It was recommended that procedures be implemented to ensure that timesheets are signed by the appropriate parties. Current Status—Resolved. No similar instances were noted during current year payroll testing. 3 Board of Health Prior Year Comment The prior year management letter identified that there was no formal policy and procedures manual detailing the various aspects of the Department's activities. It was recommended that the Department prepare a formal, detailed financial policies and procedures manual for the Department's activities. Current Status—Resolved. We were provided with a formal policy manual detailing the various,.activities of the Department. Performance Bonds Prior Year Comment The prior year management letter identified that the Treasurer/Collector maintains performance bond deposits, totaling approximately$3,800,000,for various Highway Department, Planning Board and Conservation Commission purposes. These deposits are escrow accounts that must be returned=to the original owners upon satisfactory completion of each individual project. It was noted that no procedures were in place to reconcile,-the outstanding,-balances of the deposits between the records maintained by the Town Accountant (general ledger)„,Treasurer/Collector and the appropriate departments. Additionally, although the Treasurer/Collecto'r:provides:a list of these deposits to the appropriate departments, there is no confirmation/response from the department that indicates that the balances agree to the departments' records. The lack of performing these reconciliation procedures increases the likelihood that irregularities and/or errors could occur and not'be detected and corrected timely. The following recommendations were made to address the comments: • Recommendation—That the,Town"implement procedures to reconcile the outstanding balance of performance bond deposits between the Town Accountant (general ledger), Treasurer/Collector and originating departments.quarterly,'(at a minimum). Current Status ParfiallyResolved. The Treasurer/Collector reconciles the bank balances to the general ledger on a monthly basis. The Treasurer/Collector also maintains spreadsheets detailing all of the security deposits in the'Town's possession. There are currently no procedures in place to reconcile the spreadsheets.to-the`.bank balances. • Recommendation—That the applicable department head sign off and return a copy of the reconciliation ta.the Treasurer/Collector. Current Status— Unresolved. We were not provided with documentation indicating that this procedure had been completed. • Recommendation—That the Treasurer/Collector closes the individual passbooks and includes the deposits as part of the master trust account already established and maintained by the Treasurer/Collector. Current Status— Unresolved. The Treasurer/Collector is not an authorized signer on the passbooks and therefore was unable to close the old passbooks and deposit them into the master trust account. 4 Management's Response Lk During fiscal 2010 the Treasurer's office will complete the reconciliation process by entering the hundreds of current bank balances into the existing Excel spreadsheet. We will then create an additional worksheet and post the interest monthly from the related bank accounts. The Treasurer's office has sent their spreadsheet to the planning, conservation & highway department on a quarterly basis. Due to the lack of response from the planning and conservation department, we will send it to the Director next quarter and copy the Town Manager. The Treasurer has no jurisdiction over the passbooks, other than the custody of the actual passbook. `She has met with the department heads to try and obtain approval to return the passbooks to their owner's, however, the work hasn't been completed satisfactorily. Special Education Program— Form 1-9 Employment Verification Prior Year Comment The prior year management letter identified that the School Department was not maintaining Form 1-9 Employment Verification Forms for all of its employees that work on:the Special Education program. It was recommended that the School Department implement procedures to;ensure that Form 1-9 Employment Eligibility Verification Forms are maintained for all employees. Current Status—Resolved. No similar matters were noted,in the current year audit. Risk Assessment and Monitoring Prior Year Comment The prior year management letter recommended that the District implement an ongoing internal program that provides for examining departmental internal controls, including the reporting of financial activity and the collection of cash at department levels, and#or evaluating its risk and exposures to instances of fraud. i Current Status—Unresolved.''No-significant action was taken to resolve this comment. Ga Management's Response: p Management_along with,the assistance of the Audit Committee is working on developing and implementing a fraud risk:assessmentiprogram and will have it completed prior to Financial Policies and Procedures Manual it Prior Year Comment t, The prior year management letter indicated that the preparation of a formal policy and procedures manual would improve and standardize the Town's financial policies and procedures. It was recommended that management develop and implement a formal financial policies and procedures manual. 5 it Current Status—Partially Resolved. We were provided with a financial policy that was adopted by the Finance Committee on July 24, 1996. Also, the Town Accountant has completed policy and procedure manuals for payroll, accounts payable, accounts receivable, cash receipts and has also completed a month-end procedure checklist and a year-end procedure checklist. In fiscal 2009, an investment policy was completed and adopted by the Town. The Town Accountant is in the process of consolidating these procedures into a single manual and the Town is still in the process of documenting several other significant financial functions. Management's Response LO Management will continue to consolid� inaF racial Policies-and Procedures during fiscal year:2010. : camel tP� arg r6efv � oasli recona iati no and year end closing p_ cedures. Financial Systems Disaster Recovery Plan Prior Year Comment The prior year management letter indicated that the Town does not have:well-defined, written disaster recovery procedures. The time to make contingency plans is before disaster strikes, so that all personnel will be aware of their responsibilities in the event of an emergency situation that precludesthe use of the existing IT facilities. We recommend that management develop a disaster recovery plan that.includes, but is not limited to, the following matters: 1. Location of, and access to, off-site storage. 2. A listing of all data files that would have to be obtained from the off-site storage location. 3. Identification of a backup location,,(name and telephone number)with similar or compatible equipment for emergency processing. (Management should make arrangements for such backup with another organization, a computer vendor,:or a service center. The agreement should be in writing.) 4. Responsibilities of various..personnel in an emergency. 5. Priority of critical applications.andreporting requirements during the emergency period. Current Status—Unresolved. =A formal disaster recovery plan has not been documented. Management's Response On October 28,'009,-jhe Director of Information Technology submitted a draft"Information Technology Disaster Recovery Plan"which is currently being reviewed by the Town Manager and the Superintendent of Schools. Once that review_is completed the final Recovery Plan will be forwarded to the Town's auditors and incorporated into the Town's overall Continuity of Operations Plan (COOP). 1 5 6 New Accounting and Financial Reporting Requirements for Other Post-Employment Benefits (OPEB) Prior Year Comment In July of 2004, the Governmental Accounting Standards Board (the GASB) issued Statement No. 45 Accounting and Financial Reporting for Postemployment Benefits Other than Pensions. This Statement improves the relevance and usefulness of financial reporting by (a) requiring a systematic, accrual-basis measurement and recognition of other postemployment benefits (OPEB) cost over a period that approximates employees' years of service and (b) providing information about actuarial accrued liabilities associated with OPEB and whether and to what extent progress is being made in funding the plan. We recommended that managementibe proactive in its approach to the successful implementation of GASB Statement No. 45. Status—Resolved. The Town obtained an actuarial valuation and implemented GASB Statement No. 45 in fiscal 2009. I I i I I I 7 i u,rre t Yew comments and ecamis Other Post-Employment Benefits Actuarial Valuation Comment Now that the Town has met the requirements for implementation of GASB Statement No. 45,Accounting and Financial Reporting for Postemployment Benefits Other than Pensions, it is time to acknowledge the requirements necessary to stay in compliance with the GASB and obtain the information necessary to complete the City's annual audit. For financial reporting purposes, an actuarial valuation is required at least biennially for OPEB:plans with a total membership (including employees in active service, terminated employees who have accumulated benefits but are not yet receiving them, and retired employees and beneficiaries currently receiving.benefit8).of'200:or more, or at least triennially for plans with total membership of fewer than 200. This means that an updated actuarial valuation dated July 1, 2010 will have to be obtained in order for the Town to remain compliant with GASB Statement#45 for fiscal years of 2011 and.2012': This is'two`years after the original July 1, 2008 valuation which can be used for the fiscal years 2009 and 2010.audits. Recommendation We recommend that the Town work with their actuarial firm to assure that information needed for the next valuation report is provided in ample time for the fiscal year'2011 audit. Management's Response Management has already received a quote from-a consultant to;prepare updated actuarial valuations as of July 2010 in order to remain in compliance with the_GASB Statement No. 45, for fiscal years 2011 and 2012, which is two years after the original July 1, 2008 valuation which is being used for the 2009 and 2010 audit years. Integration of Accounts Receivable Software Comment We believe that the Town should eliminate the use of a stand-alone accounts receivable system and shift toward an integrated system :An integrated system would eliminate redundant processing and improve the Town's access to information An integrated system would mean that customer payments would only be keyed into a system once Anal ysis:and; , other reviews could be performed online by the appropriate levels of management based on real-time data entry. Additionally, integrated systems would allow security features to ensure that only authorized personnelvould be allowed to enter, modify, or change data. Other approved users would have the ability to look up�data but not to originate or change it. Recommendation We recommend that the Town perform a review of the accounting system and implement this recommendation to obtain a streamlined system capable of generating data on a timely basis. Management's Response The Treasurer has obtained a quote from Unifund for them to install Revenue Sense, software that will work seamlessly with Budget Sense. The quote has been entered into the Capital Improvement Plan online program pending approval. 9 Schneider VElectric January 6, 2010 II Chief Martineau North Andover Fire Department 124 Main Street North Andover, MA 01845 Dear Chief Martineau, Please accept this donation of $1,000 from Schneider Electric Buildings Business. We are happy to be able to help the Fire Department of North Andover. We ask that you put this donation towards your greatest need. Please feel free to contact me with any questions. Sincerely, Barry Coflan Sr. Vice President, Product Division I Schneider Electric One High Street North Andover,MA 01845 USA Tel.+1978 975 9600 Fax+1978 975 9674 www.schneider-electric.com/buildings I I NORTH ANDOVER FIRE DEPARTMENT CHIEF MARTINEAU 124 MAIN STREET NORTH ANDOVER MA 01845 I� SCHNEIDER ELECTRIC BUILDINGS, LLC P.O. BOX 2940, LOVES PARK, IL 61132-2940 NO. 480994 (FORMERLY KNOWN AS TAC,LLC) DATE: 12-31-09 INVOICE/ INVOICE DESCRIPTION DOCUMENT GROSS AMOUNT DISCOUNT AMT. NET AMOUNT CONTRACT DATE 123009 ENC 12-30-09 123009 ENC P02 0058693 1,000.00 0.00 1,000.00 i THE ATTACHED CHECK IS IN FULL SETTLEMENT OF MS LISTED-DETACH BEFORE DEPOSITING TOT 1,000.00 0.00 THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK.HOLD AT AN ANGLE TO VIEW,DO NOT CASH IF NOT PRESENT. .: NO 48<)S94 Schneider sGHNE DER ELI^GTRIC BUILDINGS, LAC JFMu ga�Chase Bank NJ .Lh,cago,dL E 1 e c t r I C o BOX 2940 LODES PARK -IL 61132-2940 : ' 7o-zaz2 .... .:. 719 DATE 12-31-09 AMOUNT 1,000.00 0 *ONE THOUSAND AND 00/100 NORTH ANDOVER FIRE DEPARTMENT CHIEF MARTINEAU 124 MAIN STREET AUTHoRIED srGriaru E VOID OVER 1;00 .00 II' 4809941I' 1:07192322D: 777L4089811' Schneider lectric January 6, 2010 Chief Richard Stanley North Andover Police Department 566 Main Street North Andover, MA 01845 Dear Chief Stanley, Please accept this donation of $1,000 from Schneider Electric Buildings Business. We are happy to be able to help the Police Department of North Andover. We ask that you put this donation towards your greatest need. Please feel free to contact me with any questions. Sincerely, S V Barry Coflan Sr. Vice President, Product Division Schneider Electric One High Street North Andover,MA 01845 USA Tel.+1 978 975 9600 Fax+1 978 975 9674 www.schneider-electric.com/buildings NORTH ANDOVER POLICE DEPARTMENT CHEIF RICHARD STANLEY 566 MAIN STREET NORTH ANDOVER MA 01845 SCHNEIDER ELECTRIC BUILDINGS, LLC P.O. BOX 2940, LOVES PARK, IL 61132-2940 NO. 480995 (FORMERLY KNOWN AS TAC, LLC) DATE: 12-31-09 INVOICE/ INVOICE DESCRIPTION DOCUMENT GROSS AMOUNT DISCOUNT AMT. NET AMOUNT CONTRACT DATE 123009 ENC 12-30-09 123009 ENC P02 0058691 1,000.00 0.00 1,000.00 THE ATTACHED CHECK IS IN FULL SETTLEMENT OF 1,000.00 0.00 1,000.00 MS LISTED-DETACH BEFORE DEPOSITING TOT THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK.HOLD AT AN ANGLE TO VIEW.DO NOT CASH IF NOT PRESENT. S�hrl '�det' SCHNEIDER ELtGTRIC BUILDINGS,LLC ?�""°rga�cnas8a°^� "" NO : 480996 Chlcag°,'dL E C,e C t C'�C P O BOX 2940, Ol/ES PARK,1L 61132-294q...,.'..' 70-2322 .:. - ' - . 719 - DATE T2 31-09 AMOUNT 1,000.00 m *ONE THOUSAND AND 00/100* NORTH ANDOVER POLICE DEPARTMENT CHEIF RICHARD STANLEY 566 MAIN STREET AUTHORIZED SIGNATU WE o - -.'VOID OVER 1,* 6:66 .. ... u■ 48099SO i:0719232261: 777L40898u■ Santilli, Ray From: Durkin, Michael [DurkinM @Merrimack.edu] Sent: Monday, January 11, 2010 9:16 AM To: Santilli, Ray Subject: Vehicle Donation I Mr. Santilli, Merrimack College would like to donate to the Town of North Andover, one 1992 Chevrolet P30 outfitted as a handicapped accessible vehicle. The vehicle's VIN# is 1GBGP32K1N3321453. The vehicle is located on the college campus at 315 Turnpike Street,North Andover, MA. The vehicle is currently not in use but does run. Please let me know if there is interest on behalf of the down. Sincerely, -Mike Michael E. Durkin Director of Procurement Services and Risk Management Merrimack College (p)978-837-5467 (f)978-837-5229 "Education is when you read the fine print. Experience is what you get if you don't." Pete Seeger 1 LWN�!�wouMh r Y 1'1'k' 54e 1 January 25, 2010 Town of North Andover Office of Licensing Commission 120 Main Street North Andover, MA Dear Chairman Nardella et al, The Security Plan Recommendations for the New Beijing Restaurant, 1250 Osgood Street, North Andover, has been reviewed by the current management staff, bartending staff and security staff during a meeting held at the facilities on Jan, 19 at 9pm. A list of attendees is attached. Our head of security, George Chazulle, presented an overview of our security plan during evening operations. The plan addresses the following procedures: • Proper ID checking at bar entrance (no one under 21 in bar area) • Emergency procedures involving calling NAPD or 911 • Removing disorderly persons from premises • Uniformed security staff • Proper communication of passible over served patron. (shutting off) • Incident Report binder • TIPS certification training for all service staff. • All emergency egresses will be maintained and lit to code. In addition, the restaurant would like to furnish full access to our new "Closed-Circuit" (security camera) surveillance system when requested. We are committed to cooperation with the NAPD. With the items listed above, we have made efforts to comply with the letter of recommendation prepared in November of 2007. If there is anything further that needs to be completed, I can be contacted by phone at (617)429-92 .4 at your convenience. Thank you. S'n rely, Vi or Ng Manager of Operations Cc: Chief Richard Stanley, North Andover Police Department Page 1 of 1 Rees, Mark From: Paul J. Gallagher[pallagher @napd.us] Sent: Monday, January 25, 2010 3:15 PM To: ricknardella @comcast.net; Nardella, Richard Cc: Rees, Mark; Richard M. Stanley Subject: Beijing Restaurant Mr. Nardella, Pursuant to your request I conducted a security inspection of the Beijing Restaurant at 1:45pm this date. This was acting as an agent of the Licensing Commissioners. I was met by a hostess named Winne Li in the front foyer. I identified myself as a police officer doing a security check. There was a slight language issue. I asked her for the on duty manager and she advised me that he would be in sometime later in the night. It may be noted there were no customers in the establishment. I then told her that Mr. Ng is to appear before the Licensing Commissioners this evening. She then called Mr. Ng. He told her that he was going to be at the meeting and to assist this officer in what he wanted. I then conducted my check. The Beijing does have an "Intellicheck" machine,to check identification.These machines are one of the best. Ms. Li then took me to the basement office and showed me the video surveillance system. The video was clear and had numerous cameras in strategic areas within the restaurant.There was only one camera on the outside of the building. It was facing door/loading dock. Part of our accepted suggestions was to have video cameras of the parking lot. I was unable to ascertain if the video was being recorded onto a computer hard drive due to absence of management on premises.Some prior police requests for video was the machine was inoperative or it was overtaped. Chief Stanley had spoken to Mr. Ng,on the telephone approx.2 weeks ago which I was present.The Chief faxed him their proposed security plan(which they could not find) and the police recommendations.We also offered to go over the plan with him on-site but Mr. Ng said he would only be available on weekends. I checked with the Chief and neither he nor I ever received a call from Mr. Ng taking us up on the offer. Any questions please let me know. Sincerely, Lieut. Paul J. Gallagher Detective Lieut. Paul J. Gallagher Criminal Investigations/School Safety Division North Andover Police Department 566 Main Street North Andover, MA 01845 Tel # 978-683-3168 X 29 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document 1/25/2010 I LU MAIN 31 Mnn 1 NORTH ANDOVER, MASSACHUSETTS 01845 oa NoRTFj q Richard A.Nardella,Chairman ? 4�s�� o`�"•'o William F.Gordon = A Telephone(978)688-9500 Daniel P. Lanen * i * FAX(978) 688-9557 Rosemary C.Smedile '11 7�r°o X00 -J Tracy M. Watson SACHUSEt December 16,2009 Wen Jing Huang Millennium Eatery, Inc Beijing Restaurant 1250 Osgood Street North Andover, MA 01845 Re: Notice of Discussion Dear Ms. Huang: 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. Si cerel , 1 Ric ar A.NardeIIa Chairman Cc: North Andover Police Department Albert P. Manzi, 111, Esq. File HAND DELIVERED BY THE NORTH ANDOVER POLICE DEPARTMENT TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTF{ Richard A.Nardella,Ch(drinan o� William F. Gordon o Telephone(978)688-9500 Daniel P. Lanes * i a * FAX(978)688-9557 Rosemary C. Smedile 4' Tracy M. Watson SSACHUSE I, Wen Jing Huang, Manager, Millennium Eatery, Inc.d.b.a. Beijing Restaurant, 1250 Osgood Street,North Andover, Massachusetts, hereby acknowledge that I have received the Notice of Discussion, from the North Andover Licensing Commission. Date Received Wen Jing Huang Witness i li POLICE am ANW Boo- D E P A R T M E N T "Community Partnership" The office of Richard M.Stanley CHIEF OF POLICE TO: Mark Rees, Town Manager FROM: Richard M. Stanle y Chief of Police RE: Beijing Restaurant incidents DATE: December 14, 2009 The attached reports are of recent incidents at the Beijing Restaurant in July/August 2009. The three separate reports are of intoxicated persons that bad reportedly left the establishment 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 Commissioners may wish to review the reports and the 2007 security plan. The officers will be available if needed 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS 01845-4099 Telephone:978-683-3168 • Fax:978-685-0249 POLICE 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 i 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.v�until August 26, 2010 and Mr.fWntil 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 Commissioners may wish to revisit the security plan the Beijing Restaurant 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 ®®® ® ®®® ®® MEN- 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. 01845-4099 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 1:10:00AM Thurs 07/16/2009 1:10:OOAM 7/16/2009 1:10:51AM Reported As In 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 Business Name Incident Types-Other N/A Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex Home Phone# Cell Phone# Work Phone# j 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 ax . 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. Vehicle Mak Vehicle Model I Vehicle Year VIN Primary Color I 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 07/16/2009 On 7/16/2009 at 1:10 A.M. while directing traffic for a accident at 90 Sutton St in full uniform I observed MA 52YK60 approaching me with 2 flat tires on the drivers side of the vehicle. I stopped the vehicle and spoke with the operator later identified a I asked Miss he knew that she had 2 flat tires. Miss tated 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 Missf�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 ITi cle 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. Mis 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 Mismolowas 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. MissloW stated that she has a equilibrium problem, but it will not prevent her from taking the test. I Test 1 Alphabet: I demonstrated the test for Miss, I then asked Missesumo 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 Mis then asked Mis to begin the test, Miss1111NWput her arms out about 12 inches away from her body raised her left leg about 3 inches off the ground Miss started to hop several times then lost her balance almost falling over. I asked.Miss if she would like to take the test again she stated No I can't keep my balance. Test 3 walk and turn: I instructed MissINNOW put her right foot in front of her left foot touching heel to toe. Mis put her left foot in front of her right foot lost her balance almost falling over. Missthen started the test on her own with out my instructions. Miss was placing her right foot in front of her left foot with out touching heel to toe and with her arms 12 inches away from her body. I told Misses that she was not supposed to start the test until I told her to, however she continued the test. Miss 4WOM 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 ex erience that MisAIM1111 was operating a motor vehicle while under the influence of alcohol. I informed Mis that she was being placed under arrest for 90/24 OUI liquor and 90/7 defective equipment. Trombly's towing was notified and towed the vehicle. Officer Knab took an inventory of the vehicle. Mis was placed into handcuffs and double locked for her safety. Miss was placed into the back of cruiser 302 and transported back to the station where she was booked read/given all applicable rights by Sgt Davis. Mis as 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) 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. Signature-Reporting Officer Signature-Re ing Officer n Incident Dispatcher Remarks: Create User ID: system ° y Date&Time 07/16/2009 01:53:13 2009/07/16 01:18 Matos, Cynthia 544: HOOK REQUESTED TROMBLY'S NOTIFIED/ENROUTE 2009/07/16 01:26 atos, Cynthia 544: OFFICER WEDGE REPORTS ONE UNDER ARREST FOR OUI LIQUOR. SM 33991 2009/07/16 02 .Matos, Cynthia 544: OFFICER WEDGE AT THE STATION EM 33992 V •as i'�t I } I A Incident Number:2009000014259 Page 3 of 3 PlFormSingle 09/22/09 North Andover Police ®eoartrnent Incident Number: 2009000014260 566 Main Street File No: N/A North Andover, Ma. 018454099 Dispatch Incident Number: 2009000015077 (978) 6833168 Print Date: December 14, 2009 Incident Report Printed By: pgallagh Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 07/16/2009 1:27:OOAM Thurs 07/16/2009 1:27:OOAM --4 7/16/2009 1:27:38AM Reported As Incident Type*.Prima% Arresting Officer Suspicious Activity/MV Driving Under thenfluence 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 lIrLcident Types-Other NORTH ANDOVER POLICE DEPT. Suspicious Activity Associated Persons Summary Type Name(Last, First,MI) Date of Birth Sex I Home Phone#1 Cell Phone# Work Phone# Defendant 7/27/1965 M (978)686-1749 (978)807-2567 N/A -- ---------- ---------- ---- ---------- ---------- Address: ssociated 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 1 90 24 b OUI Liquor(40) Vehicle Info Vehicle No. I Vehicle Mak4 Vehicle Model I Vehicle Year VIN Primary Color I Secondary Colorl Plate No. I State is Citations Citation No I Code Date Status Statute Description M7936729 I Arrest 07/16/2009 01:30 Closed 90/24/J OUI Liquor(40) Incident Number:2009000014260 Page 1 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 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 1. 1 PULLED UP RIGHT NEXT TO THE VEHICLE WHICH HAD ONE OCCUPANT IN THE DRIVERS SEAT, LATER IDENTIFIED AS"MD THE VEHICLE WAS RUNNING AT THE TIME. THE DRIVERS WINDOW WAS DOWN . I ASKIF HE WAS ALL SET OR,I . E NEEDED HELP WITH ANYTHING. MOW TURNED TO ME AND SAID HE WAS ALL SET. I OBSERMD f=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 ASKEDJ��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 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 IWWALK TO THE FRONT OF HIS CAR TO PERFORM THE TESTS. AS HE WALKED HE WAS UNSTEADY ON HIS FEET AND HELD ONTO HIS VEHICLE AS HE WALKED FOR BALANCE. AT THE FRONT OF HIS VEHICLE WAS SWAYING BACK AND FORTH, HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMI NG FROM HIS PERSON HIS EYES WERE GLASSY AND RED AND WHILE SPEAKING HIS SPEECH WAS VERY SLURRED. I ASKED HOW MUCH HE HAD TO DRINK TO WHICH HE REPLIED " TOO MUCH" HE THEN SAID "I'M SORRY, I'M A DOPE." THE AREA THAT THESE TESTS WERE PERFORMED WAS THE FRONT PARKING LOT OF THE POLICE STATION WHICH IS HOT TOP CONSTRUCTION, A FLAT SURFACE, FREE OF DEFECTS AND LIT BY AREA STREET LIGHTS AND BUILDING LIGHTS FROM THE POLICE STATION. WAS WEARING DRESS SLACKS, A BUTTON DOWN SHIRT AND LOAFERS. THE WEATHER WAS MOSTLY CLEAR, AND THE TEMP WAS IN THE LOW 60'S. Incident Number:2009000014260 Page 2 of 4 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 BEFORE PERFORMING ANY TESTS I ASKED THE FOLLOWING QUESTIONS: IF HE WAS DIABETIC OR HAD ANY OTHER MEDICAL PROBLEMS, IF HE HAD TAKEN ANY PRESCRIBED OR UN PRESCRIBED DRUGS TODAY OR IF THERE WAS ANY OTHER SITUATION I NEEDED TO BE AWARE OF TO WHICH HE REPLIED NO TO ALL. THE FIRST TEST I HADVINWERFORM WAS THE ALPHABET. I ASKED OMHOW 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.11111111111111ILDID NOT ATTEMPT THE TEST OR RESPOND IN ANY WAY. HE JUST STARED AT ME. WHILE HE WAS STANDING IN FRONT OF ME011111101111 CONTINUED TO SWAY BACK AND FORTH. I ASKED HIM IF HE UNDERSTOOD THE INSTRUCTIONS, AGAIN HE DID NOT ANSWER. I ASKED HIM'f�'AE 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 H,E STARED AT ME. I ASKED HIM IF HE COULD SAY THE EN,TI ALPHABET FROM A TO Z. t 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 Ab HE DID NOT ANSWER. I ASKED HIM AGAIN WHAT TYPE OF PROBLEM HE HAD WITH HIS EYES. AGAIN HE DID NOT ANSWER THEREFORE I DID NOT ATTEMPT TO PERFORM THE HGN TEST. THE NEXT TEST I HAD FORD PERFORM WAS THE NINE STEP WALK AND TURN. I ASKED IM IF HE HAD ANY MEDICAL PROBLEMS WITH HIS LEGS BACK OR KNEES OR ANY OTHER PHYSICAL IMPAIRMENT. HE SAID HE DID, THAT HE WASN'T COORDINATED. I ASKED IF HE WOULD ATTEMPT THE TEST. HE SAID HE WOULD I EXPLAINED AND DBV44TRATED THE TEST. USING A STRAIGHT YELLOW LINE PAINTED FOR THE FIRE LANE I HAD40M STAND HEEL TO TOE WHILE I EXPLAINED AND DEMONSTRATED THE TEST.44ft 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. 1111111111110 ATTEMPTED THE TEST, HE RAISED HIS ARMS IMMEDIATELY, STEPPED OF THE LINE ON THE FIRST STEP AND TOOK FOUR STEPS STUMBLING OVER HIS OWN FE T.E CH TIME, ON THE FOURTH STEP HE TRIPPED AND ALMOST FELL. AT THIS POINT I DEC IDE© HIS OWN SAFETY NO MORE TESTING WOULD BE DONE. I ALSO DETERMINED THAT IM1111i WAS HIGHLY INTOXICATED AND HAD BEEN OPERATING MOTOR VEHICLE UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR. HE WAS PLACED UNDER ARREST, HANDCUFFED (DL) AND LED INTO THE STATION. I HELD OW BY HIS LEFT ARM AND GUIDED HIM INTO THE STATION. GWKEPT STUMBLING AND FALLING INTO ME. DURING ALL OF THE TESTING AND THROUGHOUT BOOKING, VWKEPT LICKING H9S 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 SAIb'THE BEI JING. WAS PLACED IN A CELL TO AWAIT BOOKING. OFF. WEDGE WAS HAVING HIS ARREST BOOKED BY SGT. DAVIS. AND OFF. WEDGE ARRIVED JUST AS WAS BEING PLACED UNDER Incident Number:2009000014260 Page 3 of 4 PlFormSingle 09/22/09 NoW.1 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 Repoil 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. WEDGES ARREST, WAS UNDER ARREST FOR OUI LIQUOR. WHEN SHE SAWVM IN THE BOOKING ROOM SAID THAT AD BEEN AT THE BEI JING WHILE SHE WAS THERE AND HE HAD EVEN BOUGHT HER A COUPLE OF DRINKS. SHE SAID THAT SHE WAS WORRIED ABOUT HIM DRIVING AND HAD TRIED TO GET HIM A RIDE AND KEEP HIM FROM DRIVING. IM WAS BOOKED AND'GIVEN HIS CONSTITUTIONAL RIGHTS BY SGT. ftVIS. HE WAS ALLOWED TO MAKE A PHONE CALL AND CALLED A FRIEND WHO ADVISED HIM NOT TO TAKE THE BREATHALYZER. SGT. DAVIS DID ASK HIM TO SUBMIT TO A BREATHALYZER WHICH HE REFUSED. DURING BOOKING #IWEPT APOLOGIZING, AND SAYING " I'M A DOPE" HE SAID HE HAD BEEN AT A FUNERAL AT HE HAD A REALLY LONG DAY. HE SAID " I SHOULD HAVE JUS ' NE HOME TO BED." 411111111111111WAS 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 ACCES�S-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 1011111111111FOR OUI LIQUOR. THE VEHICLE WAS TOWED BY TROMBLYS. Signature- Reporting Officer Signature o Reviewing Officer Incident Dispatcher Remarks: Create User ID: system Date&Time 07/16/2009 01:51:07 2009/07/16 01:28 Matos, Cynthia 544: SGT DAVIS REQUESTED OFFICER BRUSH RESPOND TO CHECK ON A VEHICLE THAT HAS BEEN SITTING IN THE FRONT LOT FOR APPROX 1 HR 2009/07/16 01:32 Matos, Cynthia 544; OFFICER BRUSH REPORTED HE WAS 014;�N/MA: 444WRO 2009/07/16 01:33 Matos, Cynthia 544: 2009/07/16 01:49 Matos, Cynthia 544: OFFICER BRUSH REPORTS fIRIM UNDER ARREST FOR OUI LIQUOR 2009/07/16 01:50 Matos, Cynthia 544; Incident Number:2009000014260 Page 4 of 4 PIFormSingle 09/22/09 POLICE ®®®® a ® ® ®®®® _ _ ow - - 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 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 r 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 08/13/200912:38:22AM Thurs 08/13/2009 12:38:22AM � 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 N/A ------------------- -- ---- ---------- ---------- ---------- Address: Associated Businesses Summary Type I Name Primary Phone# Secondary Phone# No Associated Businesses reported for Incident#:2009000016272 Involved Officers Officer Title Officer Name Officer Type Division Patrolman William H Brush III Reporting Officer Patrol Officers Patrolman William H Brush III Responding Officer Patrol Officers Patrolman Brendan J Gallagher Responding Officer Patrol Officers IBR/UCR Offenses Offense Number IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident#: 2009000016272 Arrest Offenses Seq# Chapter Section Name(Last, First, MI) Description of Offense Complaint Charges Seq# Chapter Section Name(Last, First, MI) Description of Offense Vehicle Info Vehicle No. I Vehicle Mak Vehicle Model I Vehicle Year VIN Primary Color I 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 I Date Status Statute Description No Citations reported for Incident#: 2009000016272 Incident Number:2009000016272 Page 1 of 3 PIFormSingle 04/10/09 Illorth Andover Police Department Incident Number: 2009000016272 566 Fain Street File No: N/A North Andover, Ma. 01645-4099 Dispatch Incident Number: 2009000017204 973-633-3166 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 Officers 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 A I EXITED MY CRUISER AND SPOKE TOd0qWT THE SIDE OF HOLT RD. NEAR RTE 125. IMMEDIATELY UPON SPEAKING TO 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 ONE16EARLIER IN THE EVENING, APPROXIMATELY 0015 HRS. IN THE PARKING LOT OF THE BEI,JL_NG, I REMEMBERED HIM BECAUSE OF T14E NEON Y&i-,LOW AND REFLECTIVE HIRT HE WAS V1�EARING. . . , I ASKED HERE HE WAS COMING FROM HE STATED THE BEI JING. 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 THAT AS 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. SAID HE HAD BEEN DRINKING AT THE BE[ JING ALL NIGHT AND HAD HAD SEVERAL BUD LIGHTS AND ONE MAI TAI. JIMCALLED HIS COUSIN WHO CAME AND PICKED HIM UP A SHORT TIME LATER. _- 1't�r�rirt�r C�{f er :3�qn turc-1?eviowirl�j Cffscor 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 REPORT CUSTODY/PC 2009/08/13 01:12 Matos, Cynthia 544: OFFICER BRUSH WILL FILE A REPORT Incident Number:2009000016272 Page 2 of 3 PIFormSingle 04/10/09 TOWN OF NORTH ANDOVER MOVIE AND FILM PRODUCTION POLICY 1.0 Policy Statement: Commercial film companies may be permitted to use property under the control of the Town of North Andover for approved projects. I 2.0 Purpose: The film industry can provide both direct and indirect economic benefit to the Town. Pre-approval of projects ensures that Town property and the rights, safety and privacy of the citizens of North Andover are protected, while supporting this industry. This policy identifies the application and approval processes for projects utilizing Town facilities and/or Town roads and the requirements which must be met, including payment of applicable fees. 3.0 Administration: This policy is administered by The Town Manager's Office. The Town Manager or his designee shall be the initial contact for all filming projects and is j responsible for expediting requests. All requests for filming shall require the approval of the Board of Selectmen. 4.0 Insurance Coverage: An insurance certificate of general comprehensive liability naming the Town of North Andover as additionally insured, for the duration of the production, must be provided to the Town Manager's Office for all filming. The Town of North Andover will retain the original insurance certificate. The amount of insurance coverage required is; • $5 million, for filming projects using Town facilities such as Town Hall, Town schools, Stevens Library, Stevens Estate, etc. • $2 million, for filming projects using Town parks or Town roads. 5.0 Filming on Town/Private Property: 5.1 Filming at Town Facilities (Including Parks): Application Process: Initial inquires for filming in Town facilities should be submitted, in writing, to the Town Manager's Office no later than fifteen business days prior to the date of anticipated filming. Permission may be denied if the request cannot be accommodated within the available time frame. The filming company must provide the following information: • Proposed commencement and termination dates and times of scheduled filming, including preparation and final clean-up; • The name and telephone number of a contact person and his/her backup who will be on-site during the filming; • General outline of the action, including all set dressing and props, approximate number of production vehicles, cast and crew members, as well as any stunts or special effects; • Specific locations and proposed alterations to Town property, including identification of any necessary facility services support. Approval Process: Once a filming request has been received by the Town Manager's Office, appropriate staff will be informed and a site meeting with the film company may be required to review the request and complete a walk through to determine any concerns or special requirements. At this time the required insurance, fees and deposits will be provided to the film company. The availability of the requested Town facilities or Town parks will also be determined at this time. The film company will be required to include the Town of North Andover in the list of credits. Affected residents and businesses determined by staff must be notified in advance of any filming. To ensure minimal disruption, this notification letter must include the duration and location of the filming and any planned interference with pedestrian or vehicular traffic. In the event of business interruption, there should be consultation with the business associate(s) and/or individual businesses to determine if any compensation is required. Once all requirements have been fulfilled, a location agreement will be prepared that will list all insurance, fees and deposits that are required. 5.2 Filming on Town Roads: Application Process: A filming application must be submitted at least fifteen business days prior to the date of anticipated filming. Any anticipated road closures must be defined to allow adequate time for proper planning. Once the request is approved, North Andover will notify its emergency services of the anticipated filming. Approval Process: The film company must receive additional approval from the Board of Selectmen in cases involving the following: • To allow filming on roads in residential areas on more than one occasion per calendar year; • To allow filming to proceed before 7:00 a.m, or after 7:00 p.m., or any time on Saturdays, Sundays or statutory holidays; • To allow overnight parking of production vehicles; • To allow equipment, including lighting and generators, to be oriented toward neighboring residences; • To allow for a road closure In all cases, a letter must be distributed by the film company to all residents and businesses that will be affected by the filming or by the parking of film-related vehicles during production. The letter must contain emergency telephone numbers for relevant film company staff. Production vehicles will be issued permits for parking privileges at or near the film location. The Town reserves the right to limit the number of and size of the vehicles to ensure public safety. This permit does not provide permission for parking of vehicles in prohibited areas or in contravention of any regulation of the Massachusetts General Laws or North Andover By-laws/Ordinances, unless specifically approved. The services of paid-duty police officers may be required for the purpose of traffic control,traffic stoppages, and permit compliance. If such services are required, the film company is responsible for retaining the officers, and for payment of all associated costs. Once all of the required conditions have been met, the Town of North Andover will issue a filming permit along with vehicle parking permits to the film company. Proper signage as determined by the North Andover Division of Public Works should be posted along the roadway well in advance of any intermittent stoppages or road closure. 5.3 MonitorinLy: The film company must keep a copy of all permits that have been issued by the Town Manager's Office and/or the Commonwealth of Massachusetts on site for the duration of the filming. Vehicle permits must be displayed in the front window of all production vehicles. The film company must place signs in public access areas to inform residents that the facility/area is being used for filming and delays may occur. Upon completion of filming, the film company will be responsible for clean up and repair of any damages. The facility/area will be inspected for clean up and damages within 48 hours of completion of scheduled weekday events or within 72 hours of completion of weekend events. The film company will be given first opportunity to clean up and repair any damages within a reasonable time frame specified by the Town. If the work is not completed to the satisfaction of the Town, the Town will complete any remaining clean up and/or repair and the cost of such will be initially deducted from any deposits held and any remaining costs will be invoiced to the film company. 5.4 Special Circumstances: Noise: All filming must comply with any Town by-laws, unless an exemption in writing is granted by the Board of Selectmen. 5.5 Explosives/Fires/Pyrotechnics: Should the filming involve explosives, the film company must obtain a letter of understanding acknowledging that explosives may be used in the production. This letter must be obtained from the Fire Chief and shall be attached to the permit for facility use. A copy of the letter will be forwarded to the Chief of Police. All explosives are to be detonated in accordance with the Explosives Act of 2002. A member of the North Andover Fire Department and North Andover Police Department shall be in attendance if there are any fires or explosions to be undertaken. All open air burning requires a burning permit. Neither explosives nor fires shall be allowed within any Town-owned building. 5.6 Security Deposit: A security deposit in the form of cash, certified check or any other method acceptable by the Town of North Andover is required and will not be released until the facility/area has passed inspection. All outstanding costs of clean up, repairs to damages, staff costs, and additional rental time must have been paid by the film company prior to release of any deposit monies. The following is a guideline for security deposits. These amounts may be adjusted based on the nature of the production: • Town of North Andover Facilities - $5000.00 • Town Parks - $2000.00 • Town Roads - $2000.00 5.7 Filming on Private Property: In the event that filming is taking place on private property, to ensure the public safety and welfare, the Town of North Andover shall be notified of the filming within fifteen business days of the commencement of the filming. The film company will be required to advise area residents of their intent to film and duration of the production. The Town Manager will advise the members of the Board of Selectmen of the filming. The Town Manager's Office will advise the film company that they must notify North Andover Fire Department and North Andover Police Department if any special effects are going to be used. If required, they must obtain the necessary permits. The film company will also be advised that all municipal by-laws must be adhered to. 5.8 Facility and Permit Fees: Fees for the use of Town property for film production purposes shall be negotiated between the Town and the film company and will be included in the location agreement. Consideration will be given to what property is being used, the duration of the use, and any potential inconvenience to Town operations or the public. Town of North Andover Fiscal Year Budget lc y Stateme �� �V`{• sd O$L X43 A IjU5 I Board of Selectmen Tracy M. Watson, Chairman Daniel P. Lanen, Vice Chairman Rosemary Connelly Smedile, Clerk Richard A.Nardella William F. Gordon Town Manager Mark H Rees Town Accountant/Budget Director Lyne Savage Amended January 11, 2009 Overview The North Andover Charter(section 9-2-3)requires that the Board of Selectmen, after consultation with the Town Manager, issue a Budget Policy Statement relating to the upcoming fiscal year's budget(FYI 1-July 1, 2010 to June 30, 2011). The Charter states that the policy statement shall establish the outer limits of possible budget growth for the town. The financial resources and expenditures identified in this report are preliminary and will be inevitably revised during the budget process as additional information is forthcoming. It is also important to state that this report is not intended to prioritize limited resources. The allocation of funding first commences with the Town Manager's recommended Budget in February 2010 and culminates at the May 11, 2010 Annual Town Meeting. Process This review of available funding sources is a crucial first step in the capital planning and budget processes of the Town. This policy statement will provide the initial focus for the budgeting process by setting broad expectations for the upcoming budget cycle and giving general direction to budget planners. Beginning in FY06, the town's budgeting process was greatly assisted by the creation of the Revenue & Fixed Cost Review Committee to advise the Town Manager on these important facets of the budget. The Revenue and Fixed Cost Committee consists of two members of the Finance Committee,- The School Superintendent, and the Town Accountant/Budget Director. This committee's work will commence in earnest in November with their report issued in late December. In the absence of the Revenue and Fixed Cost Review Committee report, this budget policy document relies on a five year financial projection(See Attachment A), that simply averages past trends for revenues and expenses and projects those averages forward five years. Based on the work of the Revenue and Fixed Cost Review Committee,this preliminary projection will be revised and improved. Budget Guidelines ® State Aid o There has been a reduction in state aid for the prior two fiscal years. There is nothing to indicate at this time that there will be an increase in state aid in the foreseeable future, in fact,there may very well be a decline in state aid for the third straight year. Because of the uncertainty of state aid in future years, estimating this revenue should be conservative and treated to a certain degree as non-reoccurring revenue. To this end, the Town Manager in developing his recommended budget should consider taking 50% of any year-end free cash and placing that amount into the Town's Stabilization Fund. The goal of this actions is to provide robust reserves to improve the Town's bond rating and to work toward a structurally balanced budget. This practice should continue until such time as the stabilization fund obtains a balance of between 5%-7%of total revenues.. o The lack of an equitable formula for State funds for schools continues to hinder the Town's ability to manage its financial affairs. As such, the Selectmen advocate that the State change the Chapter 70 `Education Aid' formula,to provide for fair and equitable funding for all school districts, including the North Andover School District. ® Revenues • In order to maintain financial stability the Selectmen advocate the Town follow the financial policy regarding revenue budgeting `the operating budget shall be based upon realistic estimates of predictable, sustainable revenues'. • A basic tenant of municipal budget is that operating expenses should equal operating revenues in order to achieve a structurally balance budget. In FYI 0, the Town's General Fund budget was structurally unbalanced with operating expenses exceeding operating revenues by$1.2 million. While this is an improvement over FY09 where the difference was $2.4 million, every effort should be made in FYI 1 to develop a budget that is structurally balanced. ® Capital Improvement Plan (CIP) • The Selectmen are committed to continuing the current CIP program and to maintaining debt service levels with the financial 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 future years. • The Selectmen acknowledge the town must remain mindful not only of the need to remain within the debt service limitation but also of the reality that the increasing debt levels to the maximum allowed under this policy will result in less funds available for direct operating expenditure. ® Reserves o In FYI 0, the Town effectively transferred $905,000 from a surplus in the health insurance trust fund to the Town's Stabilization Fund increasing that fund balance to $2,176,000 or 2.8% of the Town's General Fund Operating Budget. Given that the Town's certified free cash has been negative for the past two years and that financial advisors and bond rating agencies encourage reserves to be in the 5 to 10%range, we do not support using the Town's stabilization fund to balance the FYI 1 budget. ® Operating Budget o The Town has operated for the past several years under a budget convention that allocates revenues between the North Andover Public Schools and North Andover municipal operations using this basic formula: `Total Revenues' plus `Other Financing Sources' less `Non-Departmental Costs' equal `Funds Available for Operating Expenses'. These funds available for operating expenses are then split between the School Department and Municipal Departments on a 2/3rd (66.6%) 1/3 rd (33.3%) basis. As shown on Appendix B, in recent years this convention has slowly changed. We urge that return to the 2/3 rd 1/3rd split within a prudent number of budget cycles. • Recognizing that the town must become more efficient to survive during these difficult times, the School Committee and Board of Selectmen have successful combined several functions over the past two years to reduce overlap and increase efficiencies, including Purchasing, Information Technology and Payroll. We believe that consolidation of services should continue as a mechanism to extract further cost savings and efficiencies. Furthermore, we suggest that the Town Manager in preparing his recommended FYI budget provide an alternative budget format that places these consolidated operations into their own budget category separate from the municipal and school budgets. • While the FYI I budget appears at this early junction to allow for no expansion of services, there are some expenditures that may save the town considerable amount of money or prevent the town from having to expend large amounts of additional money in the future. To this end, we urge that in developing the FYI budget that consideration be given for funding of a school/municipal facilities director and technical assistance to develop a long range plan to address its building needs. • Personnel costs and employee benefits constitute the largest portion of the Town's expense budget. When negotiating collective bargaining agreements with school and municipal unions, or when budgeting compensation for non-union employees recognition must be made of the significant impact these agreements and salary reserves have on the financial position of the community. While each collective bargaining agreement is unique, all effort must be made to ensure equity in terms of compensation and benefits for all agreements currently under negotiation. This principal of equity should also apply to non-union employees. To this end the Board of Selectmen and School Committee should continue and expand their work in ensuring a joint negotiating strategy for all unions and establishing compensation policies for non-union employees. All contracts and non-union compensation policies should be `costed out' to determine their impact on the budget for FYI 1 as well as future years. ® Enterprise Funds o The FYI I water and sewer enterprise fund budgets should be developed in a manner that will result in no or minimal increase in user rates recognizing that many of the costs associated with these funds such as debt service or GLSD assessments are fixed and that weather conditions create significant uncertainty in projecting revenues. A 'f Town of North Andover Fiscal Year 2011 Budget Policy Statement �DRTI{ O� ♦c° �'r Get f ,■+� ��L � *1 s!..��• �'sSilCµll �{� Board of Selectmen Tracy M. Watson,Chairman Daniel P. Lanen,Vice Chairman Rosemary Connelly Smedile,Clerk Richard A.Nardella William F. Gordon Town Manager Mark H Rees Town Accountant/Budget Director Lyne Savage i __ ____ Amended January 11, 2009 1 Overview The North Andover Charter(section 9-2-3)requires that the Board of Selectmen,after consultation with the Town Manager,issue a Budget Policy Statement relating to the upcoming fiscal year's budget(FYI I-July 1,2010 to June 30,2011). The Charter states that the policy statement shall establish the outer limits of possible budget growth for the town. The financial resources and expenditures identified in this report are preliminary and will be inevitably revised during the budget process as additional information is forthcoming. It is also important to state that this report is not intended to prioritize limited resources. The allocation of funding first commences with the Town Manager's recommended Budget in February 2010 and culminates at the May 11,2010 Annual Town Meeting. Process This review of available funding sources is a crucial first step in the capital planning and budget processes of the Town.This policy statement will provide the initial focus for the budgeting process by setting broad expectations for the upcoming budget cycle and giving general direction to budget planners.Beginning in FY06,the town's budgeting process was greatly assisted by the creation of the Revenue&Fixed Cost Review Committee to advise the Town Manager on these important facets of the budget. The Revenue and Fixed Cost Committee consists of two members of the Finance Committee,- The School Superintendent,and the Town Accountant/Budget Director. This committee's work will commence in earnest in November with their report issued in late December. In the absence of the Revenue and Fixed Cost Review Committee report,this budget policy document relies on a five year financial projection(See Attachment A), that simply averages past trends for revenues and expenses and projects those averages forward five years. Based on the work of the Revenue and Fixed Cost Review Committee,this preliminary projection will be revised and improved. Budizet Guidelines • State Aid o There has been a reduction in state aid for the prior two fiscal years. There is nothing to indicate at this time that there will be an increase in state aid in the foreseeable future,in fact,there may very well be a decline in state aid for the third straight year. Because of the uncertainty of state aid in future years,estimating this revenue should be conservative and treated to a certain degree as non-reoccurring revenue. To this end,the Town Manager in developing his recommended budget should consider taking 50%of any year-end free cash and placing that amount into the Town's Stabilization Fund. The goal of this actions is to provide robust reserves to improve the Town's bond rating and to work toward a structurally balanced budget. This practice should continue until such time as the stabilization fund obtains a balance of between 5%-7%of total revenues.. 2 Deleted:<#>The lack of an equitable formula for State funds for schools • RCVenUCS continues to hinder the Town's ability to • In order to maintain financial stability the Selectmen advocate the Town manage its financial affairs.As such,the follow,a conservative financial policy regarding revenue budgeting'the Selectmen advocate that the State change the Chapter 70'Education Aid'formula, operating budget shall be based upon realistic estimates of predictable, to provide for fair and equitable funding sustainable reVenU2S', for all school districts,including the North Andover School District.y • A basic tenant of municipal budget is that operating expenses should equal Deleted:the operating revenues in order to achieve a structurally balance budget. In — -----FYI 0,the Town's General Fund budget was structurally unbalanced with operating expenses exceeding operating revenues by$1.2 million. While this is an improvement over FY09 where the difference was$2.4 million, every effort should be made in FYI 1 to develop a budget that is structurally balanced. I • Capital Improvement Plan(CIP) • The Selectmen are committed to continuing the current CIP program and to maintaining debt service levels with the financial 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 future years. • The Selectmen acknowledge the town must remain mindful not only of the need to remain within the debt service limitation but also of the reality that the increasing debt levels to the maximum allowed under this policy will result in less funds available for direct operating expenditure. _ The Selectmen recognize the need to plan for additional capital outlaws Formatted;Bullets and Numbering suc17 as the construction of the new Police station the reuse ofthe Bradstreet School. planning for a swelling senior population and the need to find a permanent home for the School Committee and the Planning department in order to obviate continually escalating rental costs. • Reserves o In FYI 0,the Town effectively transferred$905,000 from a surplus in the health insurance trust fund to the Town's Stabilization Fund increasing that fund balance to$2,176,000 or 2.8%of the Town's General Fund Operating Budget. Given that the Town's certified free cash has been negative for the past two years and that financial advisors and bond rating agencies encourage reserves to be in the 5 to 10%range,we do not support using the Town's stabilization fund to balance the FYI I budget. • Operating Budget o The Town has operated for the past several years under a budget convention that allocates revenues between the North Andover Public Schools and North Andover municipal operations using this basic formula: `Total Revenues' plus `Other Financing Sources' less `Non-Departmental Costs' equal `Funds Available for Operating Expenses'. These funds available for operating expenses are then split between the School 3 Department and Municipal Departments on a 2/3`d (66.6%) 1/3`d (33.3%) basis. As shown on Appendix B, in recent years this convention has slowly changed. We urge that return to the 2/3`d UP split within a prudent number of budget cycles. • Recognizing that the town must become more efficient to survive during these difficult times, the School Committee and Board of Selectmen have successful combined several functions over the past two years to reduce overlap and increase efficiencies, including Purchasing, Information Technology and Payroll. We believe that consolidation of services should continue as a mechanism to extract further cost savings and efficiencies. Furthermore, we suggest that the Town Manager in preparing his recommended FY11 budget provide an alternative budget format that places these consolidated operations into their own budget category separate from the municipal and school budgets. • While the FYI budget appears at this early junction to allow for no expansion of services,there are some expenditures that may save the town considerable amount of money or prevent the town from having to expend large amounts of additional money in the future. To this end,we urge that in developing the FYI I budget that consideration be given for funding of a school/municipal facilities director and technical assistance to develop a long range ca ]p'tal plan to address p infi-astructure and buildil j Deleted: needs Personnel costs and employee benefits constitute the largest portion {Deleted:its building needs of the Town's expense budget. When negotiating collective bargaining j`Deleted: 9 --- ---- _--- agreements with school and municipal unions, or when budgeting — -– -- -–---- – compensation for non-union employees recognition must be made of the significant impact these agreements and salary reserves have on the financial position of the community. While each collective bargaining agreement is unique, all effort must be made to ensure equity in terms of compensation and benefits for all agreements currently under negotiation. This principal of equity should also apply to non-union employees.To this end the Board of Selectmen and School Committee should continue and expand their work in ensuring a joint negotiating strategy for all unions and establishing compensation policies for non-union employees. All contracts and non-union compensation policies should be `costed out' to determine their impact on the budget for FYI 1 as well as future years. We commit to fully disclosing all municipal salary increases and to disclose future requirements related to any approved negotiations be they school municipal or school related. • Enterprise Funds o The FYI I water and sewer enterprise fund budgets should be developed in a manner that will result in no or minimal increase in user rates recognizing that many of the costs associated with these funds such as debt service or GLSD assessments are fixed and that weather conditions create significant uncertainty in projecting revenues., I Formatted:Font:Bold 4 � The Stevens Estate condues to draw municipal monies to sustain its losses., Formatted:Bullets and Numbering ! Durine FY 10 solutions must be researched and put forth to Town Meeting to stem the continued operational loses. ;`Formatted:Font:Bold _ J Summate, ; Formatted:Font:Bold Formatted:Bullets and Numbering I The North Andover Budget Police Statement should be viewed as road^ i Fo„na ;Indent:Left: 0.5" map to achieve a fair and balanced budeet. Limited resources create unpopular decisions that must be iniplemented for the good of all North Andover citizens. Our citizens. children. elders and employees are our greatest asset and we must strive to create budgets that sustain a wad of life that all of North Andover can be proud. _ Formatted:Font.Bold I Formatted:Indent:Left: 0.25" I Formatted:Font:Bold Formatted:Indent:Left: 1" i I 5 �� ^� � I � TOWN, OF NORTH AP\,�DTJVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHOSE'IT5Al845 William P P. Modiocmu Telephone (978) Ch�� g/ ?fDo/^noo/,/ ' FAX (97#) 688'9594 � �' � 7�/�l��Y�/��-� �~,� / {���������~� �^ �~�» u+Vr TO: Mark Rees, Town Manager FROM: William Martineau, Fire Chief RE: Ambulance rates for 20)0 DATE: January 5" 20l0 Enclosed iouo analysis oF the 2009 billing and collection activity hv major payer. It shows that un ambulance rate increase is in order as the Medicare rate has gone down. As you can see by the attached printout, taking no action will reduce the revenue froro Ambulance service hy7.4Y6. Increasing our rate by 12.7Y6 will bring our rate schedule up to Medicare f 75.9%which according to our billing contractor iu not un unreasonable charge for this service. The BCBS discount may also bnu topic of discussion when this issue is brought 1othe Selectmen later this 000rdb. . William 9. Martineau, Fire Chief / / � � Martineau, William From: Rick Martin [Rick.Martin @comstarbilling.comJ Sent: Tuesday, January 05, 2010 11:14 AM To: Martineau, William Cc: Morrison, Diane; Jane Schaller Subject: Ambulance Billing Rates Hi Chief, Diane call me today and relayed some questions you folks have regarding rates and the Medicare fee schedule change in 2010. Medicare's rate did go down 7.4%for 2010. Attached is an analysis I did of North Andover's 2009 billing and collection activity by major payer. It calculates the projected loss of Medicare $ as well as the rate increase amount necessary to offset this Medicare loss. The strategy being discussed is to increase your rates and collect more $ from non-contracted payers not offset the loss of Medicare revenue due to their fee reduction. The analysis shows that the town would need to increase its rates by 12.7%which equates to 75.9% above the 2010 Medicare rates. I have also quantified the discount the Town is giving to Blue Cross. Please see item #2 for the details. Please contact me anytime via e-mail or my direct line, 978-771-6482, if you have questions or would like to discuss in more detail. Take Care, Rick Richard L. "Rick" Martin President & CEO Ambulance Qifflkv�Service 8 Turcotte Memorial Drive Rowley, MA 01969 Ph: (978)356-3344 Fax: (978)356-2721 Web: http://www.comstarbilling.com CONFIDENTIALITY NOTICE: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you aren't the intended recipient of this e-mail, any use, disclosure or distribution is prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail or telephone and destroy all copies of the original message. 1/5/2010 TOWN OF NORTH ANDOVER Company IS TOWN OF NORTH ANDOVER;AND Trip Date IS BETWEEN 07/01/2008 AND 06/30/2009 1/5/2010 Total Total Total Percent Transports Total Charges Allowable Collected Collected Contracted?? Blue Cross 326 $230,305 $209,298 $202,292 96.7% Yes Medicaid 160 $108,514 $41,977 $39,247 93.5% Yes Medicare 986 $838,354 $410,335 $406,416 99.0% Yes Other Insurance 377 $267,095 $234,292 $220,048 93.9% No ' $73,825 $73,475 ��� 107 _--$16,916 23.0% No Grand Totals> 1,956 $1,518,094 $969,3t_--$884,918 91.3/ 1)You are required to accept the fee schedule q p (give a discount)to payers with whom you've signed a contract ; _£ 2)The BCBS contract is not required in order to get paid by BCBS for emergency trap - €u A The discount you gave BCBS in the year reported above is $21,007 �, e 3) Medicare and Medicaid contracts are required in order to receive funds from these go es 4) Medicare Fee Schedule Reduction: Medicare Pmts $406 1_� ,416 s 2010 Reduction% /o 2010 Reduction$ 4, $30,075 5) Rate Increase Needed to Offset Medicare Reduction: I Non-Contracted Payer Pmts $236,964 Rate Increase Needed to Offset#4 12,7% * Setting your:rates at 2010 Medicare+ 75.9% represenst a 12.7% rate iincrea5.e Current+ 2010 %Above 2010 Medicare Current 12.7% Medicare BLS Base Rate $360.33 $562.59 $633.99 75.9% COMSTARK Providing Ambulance Billing Service to New England Since 1984 NE WSLE _1 TER from the desk of Rick Martin Phone:800-488-4351 Private Fax: 978-948-8480 Cell: 978-771-6482 E-Mail: Rick.Mariin@ComstarBilling.com December 2009 ANNUAL T As reported in my September 2009 newsletter, Some basic information: the Ambulance Inflation Factor(AIF) for 2010 will be I) A service can set rates any way they want. OIG zero percent. Combined this with the final phase out of guidance on this matter is just that. There is no the New England regional rates and other factors law stating rates must be justified by cost(ie.. detailed in n1v last news letter. the .'010 Medicare rates my 1"scntence rules, except for C1 clt;rts) may be slightly lower than the 2009 rates. 2) Services that"get together to discuss/set their rates", anti-trust issues can be raised by a party As of 12/15/09. Medicare has not published the 2010 that feels damaged by these actions. rates. Given the rise in operating costs we have all experienced and the potential for reduced Medicare rates A few practical items: in 2010, I suggest all services begin evaluating the 1) As your billing agent, Comstar will bill any following option now: increase your billing rates, for rates set by our clients. some of you; significantly to garner more funds from 2) If rates are set higher, Medicare +50%, 100%, payers with whom you do not have a fixed fee schedule 200%..........whatever you choose, it will increase agreement. payments from non-contracted payers. 3) It will also increase the size and amount of On the back of this newsletter is a rate change form unpaid balances(by both patients and insurance showing you your current rates, 2009 Medicare Rates carriers). We would need to discuss and define (2010 do out soon)and a space to fi ll in your changes for what procedures and to what degree you want 2010. Should you choose to change your rates, please these unpaid balances pursued, with the carrier, scan/e-mail or fax the completed form to me. I will mail with the patient........ out the 2010 Medicare fee schedule as soon as it 4) Amount to be reviewed for write off will be becomes available. higher, again an administrative and disposition decision process that we can discuss and mapped This newsletter is not intended as legal advice. Consult an out attorney for specific legal advice concerning your situation. 5) Public-. perception ,2ncl reaetion. Ttio A �61l hf- * ** * *** * *** * * ** * * * * one, which we will work with you to anticipate I 'WISH YOU AND and manage issues likely to arise should you YOUR FAMILY decide on a large increase in rates. My advice: Do what's best for your City or Town and GOOD HEALTH & PROSPEWTAYIN service. Comstar has the staffing and expertise to 2010 support your direction 100%. In these challenging fiscal times, all revenue opportunities must be evaluated and informed decisions proactively made. ' Please contact me anytime to discuss your a a specific situation. � Happy Holidays to you and yours, e 1 COMSrAR* Ambulance Billing Service 8 Turcotte Memorial Drive, Rowley, MA 01969 ,p,Ph:978-356-3344 FAX:978-356-2721 VV NORTH N V 2010 Rate Change Form 2009 Medicare New Hates Fee Schedule Effective®n; Charges Allowed Amounts Current Rates BLS EMERGENCY BASE RATE $388.98 $562.59 BLS NON-EMERGENCY BASE RATE $243.11 $351.62 ALS EMERGENCY BASE RATE $461.91 $668.08 ALS2 EMERGENCY BASE RATE $6o°v.55 $966.95 SPECIALTY CARE TRANSPORT $790.11 $1,142.77 MILEAGE $6.87 $21.96 AIRWAYS $0.00 $196.79 CARDIAC MONITOR $0.00 $243.09 DEFIBRILLATION $0.00 $173.60 IV ADMIN $0,00 $173.60 MAST TROUSERS $0.00 $115.75 OXYGEN $0.00 $81.02 Signature --Authorized Signer Date Printed Name--Authorized Signer Title--Authorized Signer Please fax completed Rate Change form to Rick Martin at 978-948-8480 or scan and email to rick.martin@comstarbilling.com. comstarbilling.com. 12 Page 1 of 4 From: hick Martin [Rick.Martin @comstarbilling.com] Sent: Tuesday,January 19, 2010 4:43 PM To: Martineau, William Subject: RE: 2010 Ambulance rate questions Hi Bill, Collection rates vary amongst our 200+ municipal clients. The drivers of this variation are demographics, documentation from client and collection policy of the client. North Andover has a highly insured population with residents that are responsive to paying co-pays and deductibles. Your staff provides us very good documentation. North Andover's collection policy is more passive to residents (3 bills sent, not using collection letter or credit bureau reporting)while a bit more aggressive for non- residents (collection letter and credit bureau reporting are authorized for use. This combination is yielding a very strong collection percentage, among the tops in our client base or anyone's client base. Below is a brief analysis or the 107 patients from FY2009 for whom we do not have insurance information. Note: Comstar has checked for insurance coverage for these patients with Medicaid, Medicare and a database service we subscribe to which receives data from all major health insurance carriers in MA. In all cases, these patients were not found to have coverage after checking all these resources. For MVA, the automobile insurance of the driver must be billed 1st, health insurance, if any, can be billed 2nd . FY2009 Uninsured Patients: MVA Non-MVA Total Resident 6 16 22 Non-Resident 32 53 85 Total 38 69 107 Additional collection steps that are currently not used but can be added with the Towns approval: 1) Collection Letter(our standard or a custom form with wording chosen by the Town)to be sent to residents (already used for non-residents) 2) Credit Bureau reporting for residents (already used for non-residents) 3) For residents and/or non-residents(Town's choice),Advanced Collection Agency Option (info attached). This option entails the use of an outside collection agency that uses more aggressive tactics to collect on behalf of the Town. The methods are respectful but aggressive. The Town would approve the patients sent to the agency. The agency charges a separate fee of 33.3%of funds collected which they would deduct from any proceeds. Comstar would administer the process and report on all paid accounts and fees taken as part of its monthly reporting. Take care, Rick Richard L. "Rick" Martin President&CEO Comstar 0 Ambulance Billing Service 8 Turcotte Memorial Drive Rowley, MA 01969 Ph: (978)356-3344 Fax: (978)356-2721 Web: http://`www.comstarbilling.com file://C:\Documents and Settings\mrees\Local Settings\Temporary Internet Files\OLK2E\RE 2010 Ambul... 1/20/2010 FIRST FINANCIAL RE OURCES,INC. COA Collection specialists Ambulance Billing Service RECEIVABLES PARTNERSHIP Comstar and First Financial Resources Inc. have reached a business agreement which will directly increase the receivables turn of Comstar clients. Comstar and First Financial Resources offer this special service proposal, in an effort to provide the highest level of service for Comstar clients. First Financial Resources, Inc. is a high quality collection agency comprised of a cohesive team of dedicated collection professionals operating in a rewarding and challenging environment whose goal is to implement innovative and cost effective account receivable services. First Financial Resources, Inc. (FFR) was founded in 1991 by Allan Gordon, a collection veteran for over thirty nine years, and his son Larry who brought to the business fourteen years of collection service management and marketing experience. FFR was founded with the intent to develop a flexible and client oriented collection service capable of offering the highest customer service at competitive rates. At First Financial Resources, we have meticulously refined our collection process over the past year to ensure that the three pillars of our company mission (integrity, diligence, quality) radiates from our collection process. First and foremost, we have created customized client services, tailored to each individual client. We have the ability to customize every aspect of our service for you, from electronic placement to updated status reports. Secondly, we have differentiated ourselves from other collection agencies through our communication style with your debtors. We don't harass, threaten, or demean. We listen, educate, and collect. This results in more dollars generated for our clients, not complaints. Our organization is extremely enthusiastic about the business relationship with Comstar. We hope you will sign on with us and enjoy the added value this opportunity provides for your organization. Please review the following documentation on the services provided. Feel free to contact Rick Martin directly at 978-771-6482 or me at 800-747-2302 x-204 if you have any questions. Sincerely, I Larry Gordon President First Financial Resources, Inc. COMSTAR* Providing Ambulance Billing Service to New England Since 1984 AD VANCED COLLECTION A GENCY SER VICE OPTION from the desk of Rick Martin Direct Line:978-771-6482 E-Mail: Rick.Martin @ComstarBiIIing.com Several clients have told me they have been directed by their City or Town governments to pursue past due bills more aggressively by utilizing the services of firms that perform collection work only. Many of you have sought recommendations from me. I have done the requisite research and gone one better for my clients. Comstar has secured a very favorable fee rate from a highly regarding Massachusetts collection agency, First Financial Resources (FFR). FFR is malting this rate available to Comstar clients only. FFR specializes in working with ambulance services. The collection steps performed are aggressive,thorough and always respectful to patients. FFR's references have spoken of favorable returns while receiving few or no complaints from delinquent patients who are assigned to this agency. Beyond the quality service and favorable fee rate, fees can be netted out of proceeds recovered by FFR since they do not bill Medicare directly. Should a client select the FFR service option , assignments of delinquent patients are done after client approval and the entire process is tracked and reported within the scope of Comstar's existing and comprehensive monthly report and account reconciliation package. Since the proceeds are sent to you through Comstar's normal payment receipt and application process net of the agencies fee, you do not need to budget for or cut a separate fee check to this collection agency. However, you will receive reporting that clearing shows all transaction activity so that you can oversee the results and have a complete activity trail for your town finance people and auditors. Attached is a joint announcement and enrollment document from me and Larry Gordan, President of FFR. Also attached is FFR's Collection Policies &Procedures and Comstar/FFR Process Flow, Activity Tracking, Transaction Posting& Reporting for this service offering To order this service, pleased complete and fax the enclosed order form to me at 978-948-8480 America �I/-' Itdoft{re Free M07"o oftre rave AA FIRST FINANCIAL RESOURCES.INC. h _ _ Collection Specialists Ambulance Billing Service AGREEMENT FOR SERVICES 8i1 ORDER FORM ***If you are interested in utilizing the services of First Financial Resources, Inc. please fill out the info below and fax the completed 3 page order form to Rick Martin at 978-948-8480. This agreement is entered into between First Financial Resources, Inc., hereinafter referred to as "FFR," and hereinafter referred to as "Client", acting as representation for your organization. FFR agrees to accept accounts for collection from Client, and to perform due diligence in the collection of all accounts accepted. FFR further agrees to notify Client within thirty (30) days of all monies received on collection accounts. Client agrees to cease collection activity on all assigned accounts, and to refer inquiries on these accounts to FFR.Client also agrees to notify FFR within thirty(30) days of all monies received on collection accounts. Fees are earned on payments received after account is listed for collection.This holds true whether payment is made at FFR or Client's office. Client reserves the right to withdraw, on written request, any account that has been assigned for collection. Client may be assessed a minimum handling charge for accounts recalled after the validation period (30 days from listing). (Please type or print clearly the information below and check off the services you prefer.) *CLIENT NAME (PLEASE CIRCLE IF APPLICABLE) INC. CO. CORP. ADDRESS FLOOR/SUITE CITY STATE ZIP CODE PHONE#( FAX#( CONTACT NAME EXT. CONTACT EMAIL AUTHORIZED SIGNATURE DATE FEES. AND RATES Fees calculated from monies collected only. We do not ask for sign-up fees or dues. We do not require the purchase of coupons. There are no hidden costs - all of our regular services are offered without any out-of-pocket expense, binding contracts or minimum amounts required, and with our "no collection - no charge" guarantee. COLLECTION FEES Comstar Clients Typical FFR Fees Rate Ave Net Fee Rate Ave. Net Fee Accounts placed $100 or under 33.3% 33.3% 50% 46% Bad address accounts 33.3% 33.3% 50% 46% Fowardin Out-of-State 33.3% 33.3% 50% 46% Accounts placed over$100 33.3% 33.3% 33.3% 46% (NO COLLECTION No CHARGE) • Reduced rate for Comstar clients • Comstar clients receive a 12.7% greater rate of return than other First Financial Resources Inc. clients FREE SERVICES OFFERED (PLEASE PLACE A CHECK AND INITIAL IF YOU DECLINE THE FREE SERVICE CREDIT REPORTING All accounts will be reported to the credit agency in your company's name. First Financial Resources,Inc.will pay all fees and will be responsible for account maintenance. In order to comply with the Fair Credit Reporting Act it is essential that any changes to amounts owed on these accounts be reported to FFR,so that we may responsibly update all public records.This is a free service that highly aids in the collection of your debt. ACCEPT_X Initials INTEREST ADDED To help shift cost from the client,once an account is entered into our system a small interest rate is applied to the debt. This benefits the client in multiple ways. Primarily, as interest is collected, it aids in reducing the financial damage sustained by your office on these delinquent accounts.Secondly, the additional amount added to the debt will be incentive for debtors to pay off outstanding balances sooner, rather than waiting for it to become more expensive. This also provides collectors with bargaining room to negotiate while still getting your original principal due IN FULL, by forgiving the interest for the debtor in tough cases. Lastly, the revenue generated from commission on collected interest allows us to offer our clients more free services while keeping rates at the industry minimum. ***If you have an existing contract with your accounts,please send us a copy showing the rate of interest.We will continue at that rate when we receive your accounts.If you do not have a contract, FFR will charge interest to your accounts up to the maximum allowed by state law annually starting from date of service.*** ACCEPT X Initials ADDITIONAL CHARGES TO DEBTORS Under collection law,additional charges pertaining to the debt (i.e. court fees, bounced checks, credit charge back costs, etc.) can be placed under the responsibility of the debtor. Therefore, should these charges be incurred First Financial Resources, Inc. will add these costs to the balance of the debt. First Financial Resources, Inc. WILL NOT bill your office for these costs. ACCEPT X Initials SETTLEMENTS This allows our representatives to offer a settlement to the debtor contingent upon immediate payment. At First Financial Resources, Inc.we have strict policies for settlements.Settlements are a last resort and must be approved by the Collection Manager. Our representatives offer settlements (never greater than 25%) only on accounts that adhere to stringent qualifications. Any offer over that percentage will require us calling you for permission. Settlements are given in the client's best interest to ensure that every dollar possible is collected. ACCEPT X Initials SEASONAL NEWSLETTER First Financial Resources, Inc. distributes a free newsletter, "THE COLLECTOR'S REPORT," filled with current information about our company and the collection industry.The newsletter also contains tips to boost our client's "in-house" account receivables before debts are sent to First Financial Resources. Employee bio's and department articles are featured in each issue detailing innovative projects that are underway to better serve our clients. ACCEPT X Initials FIRST FINANCIAL RESOURCES.INC. COMSTA Collection Specialists Ambulance Billing Service "No Collection,No Charge! Our mission is to treat our client and debtors with utinost respect to generate a win-win result." FFR Collection Policies and Procedures Outlined below are the policies and procedures which First Financial Resources, Inc.follows upon receiving new accounts and an explanation of legal services. Acknowledeement • Upon receipt of accounts an acknowledgement is sent to the client to verify debtor's name and amount due. First Letter • The same day, the first letter is sent to the debtor notifying them of the collection activities and includes an explanation of the debtor's rights. Credit Reporting • If client authorizes FFR to report debtors to the Credit Bureau (Equifax and Trans Union), the debtor is notified on the 25th day of the possible credit damage with our second letter. If payment is not received after 35 days the account has been placed with FFR, the account becomes eligible to be placed on the debtor's credit report, which then gets listed with the Credit Bureau on the upcoming 15th day of the month. Collector's Actions • First telephone call is placed to debtor the day after the second notice is sent. • Skip-tracing is performed on accounts with inaccurate/incomplete contact information. • Initial telephone attempts are made. Contact is attempted twice per week at home and twice per month at the debtor's place of business, as state law permits. If no response, the review date is advanced 30 days where additional telephone attempts are made. At this point, the collector determines his/her ability to collect the account and determines the most viable course of action to enable future collection. • If all efforts to collect have been exhausted and the collector feels legal action will be fruitless, a final demand notice will be sent and the account will be placed in the annual diligence review queue (inactive status). If the collector determines that attempts by a third party may serve as a catalyst for collections, the collector will send a final demand notice and will request legal action on an account. This decision is based on variables such as balance and validity of demographic information. Accounts that have been requested to go legal will be reviewed by the forwarding department for further action. Accounts placed into the annual diligence review queue will receive future phone attempts and collection letters. Legal Process • Client will receive the Legal Authorization#1 for accounts that qualify for the legal letter series. If the client wishes to take this avenue, the debtor will receive notification that the client has authorized legal action and that the account will be placed with the attorney if immediate payment is not received. If the client declines, the account is placed in the annual diligence review queue (and remains on the debtor's credit report). • To add value for our clients, on a case-by-case basis we will investigate your legal accounts that do not make a payment after the legal letter series. We will make a recommendation to pursue small or civil claims filing only after research is conducted on availability of assets: employment of debtor, homeownership, business status, credit rating, bankruptcy searches, etc. Furthermore, for legal action to remain profitable for you, we will rarely recommend legal filing on any account under $750, and never without your second signed authorization. j • Once we receive the signed Legal Authorization#2 the account will be forwarded to our appropriate collection attorney. Our attorney will send demand letters, make phone attempts, and will enter the account into court to render judgment against the debtor. Based on an account's collectability, the attorney may execute judgment by requesting service to the debtor, arranging additional court hearings, real estate attachment, etc. Legal judgments remain on a debtor's public record for 20 years, unless the balance becomes satisfied-in-full prior to that. Paid-in-full accounts • Once an account is paid/settled-in-full, any credit report affected by this debt will be updated as a paid collection debt on the subsequent credit update we perform. We can completely delete an account from a debtor's credit report based on circumstance. We also send payment receipts to debtors upon request. Uncollectible Accounts • There are a few different types of these accounts. When a client requests that we close and return an account, the account is then flagged to be deleted from a debtor's credit report and we no longer work the account. Any account identified as a duplicate gets treated equivalent to a closed per client's request account. When bankruptcy notification is received on an account we update the status of the account to fit which Chapter the debtor has filed. We also inform the credit bureau that the debtor has filed for bankruptcy, along with the particular chapter. Accounts that become past statute get removed from a debtor's credit record. Under Massachusetts law(for example), an account becomes past statute once the date of service is 6 years old. If a debtor prevails in court on a legal authorized account, by law the debt is not owed and we have to remove the account from the debtor's credit report (this is a rarity). Comstar/FFR Process Flow, Activity Tracking, Transaction Posting & Reporting Key Points: • Comstar does not automatically assign patient accounts to FFR. The client retains the decision making authority. You communicate your direction to us by selecting the desired disposition option for each patient on your monthly Request for Write-Off report. • All FFR activity will be reported to you under Comstar' existing reporting and reconciliation process. • Your current Comstar banking process will be used for proceeds collected by FFR • FFR will deduct its fee and issue a net payment, no need to cut a separate check to FFR Comstar's standard monthly Request for Write-off with Reason Report (indicating Comstar has exhausted all of its authorized billing and collection steps) will be the document clients will use to indicate which specific patient accounts they wish to be placed with FFR. Clients are asked to put the letters FFR next to any patient account they wish placed with FFR. Other disposition decisions can be noted on this same report as usual. This marked up report can either be mailed, faxed or scanned/emailed to Comstar. Patient accounts placed with FFR will have their current payor set to FFR. The designated accounts will then be flagged and electronically transmitted to FFR. On a monthly basis, FFR will cut a check to the client for the amount of funds collection on the clients behalf less FFR's Fee. A detailed statement showing the patient accounts paid (Gross and net of fee) will be provided by FFR with each check. Comstar will post these payments to the clients accounts and book the FFR fee as we do contractual allowances with coding that will specifically identify the source of this contractual allowance as "FFR Fee" . After posting the payment to the client account, Comstar will forward the check following the standard banking instructions. Thus, the payment receipts and FFR fees will be reported in your normal Month End Reconciliation Report Package. As with all Comstar activity reports, we will provide a documented audit trail sufficient to allow you to link every FFR activity back to your source document, the patient run report. The reporting content will satisfy both your operations reporting and financial control and audit needs I NORTN TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Telephone(978)688-9501 Joyce A. Bradshaw,CMMC Fax (978)688-9557 Town Clerk E-mail 'brndshaw!a?townofnorthandovcr.com 41 was This is to certify that the following vote on Article held May e14a200 e Dissolved Annual Town Meeting for the Town of North Andover May 15,2007,May 21,2007 and June 4,2007: Article 41. Petition the General Court — Exem t Positio Chief e an Fire Chief from Civil Service. VOTED to authorize the Board of Selectmen the Great and General Court of the Commonwealth to enact a Home Rule Petition General Law, exempting the positions of Police Chief and Fire Chief from Massachusetts Petit ons he following Chapter 31, Civil Service, and upon approval of said Home R shall become a bylaw of the Town of North Andover: Chapter 45 Public Safety, Chiefs of Police and Fire Departments § 45-1 Exemption from Civil Service Notwithstanding the provisions of any general or special law to the contrary,the provisions of chapter 31 of the General Laws shall not apply to the positions of Police Chief and Fire Chief in the Town of North Andover. § 45-2 Incumbent Status erson holdin the position of Section 1 shall not impair the civil service status of any p g p Police Chief or Fire Chief on the effective date of this bylaw. § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. Board of Selectmen VOTED MAY 21, 2007 YES 65 NO 58 ........... O F NperH 9 1t4eo aT tip '',. O 4 to 'A �.9 og1Tt� SSACHUSEt i INTEROFFICE MEMORANDUM TO: Mark Rees DATE: January 21, 2010 Town Manager FROM: Ray Santilli S� Assistant Town anager/HR Director SUBJ: Purchasing Director—Position Revision Prior to posting and filling the current vacancy of Purchasing Director, it is requested consideration be given to adding risk management responsibilities to the position. This would entail a revision to the title as well as the position description. Through the lack of any one responsible person or office, several years ago the procurement and oversight of general liability and property insurance,police/fire injury insurance, and workers compensation insurance was taken over by this office in order to fill the void. However, the Town currently does not proactively undertake any risk management activities. By adding risk management responsibilities to this position, the Town can take advantage of a dedicated person administering and focusing on these issues to minimize claims and reduce risk. Attached for your review is a revised position description. The additions are italicized and bolded. i Attachment I I i TOWN OF NORTH ANDOVER Position Description MASSACHUSETTS Professional (Exempt) Position Title: Position Code: Effective Date: Director of Purchasing&Risk Management B-12 February 1,2008 Reports To: Division: Previous Revision Date: Town Manager&Superintendent of Schools Finance Position Summary: (Purpose of Job) Position is responsible for overseeing all purchasing functions for municipal and school departments. Position will ensure the Town engages in cost effective purchasing procedures and contract management, and is in compliance with Massachusetts laws governing procurement of supplies, services, materials, equipment, construction projects, telecommunications, and utilities. Position is responsible for protecting the Town's assets and resources from the consequences of loss through risk management and ensuring appropriate insurance to minimize claims and reduce risk. Principal Responsibilities: 1. Ensures the Town engages in cost effective purchasing procedures and contract management. 2. Ensures compliances with Massachusetts laws governing procurement of supplies, services, materials, equipment, construction projects,telecommunications,and utilities. 3. Serves as an advisor to all departments engaged in purchasing activity. 4. Oversees invitation to bid processes, including the drafting of requests for proposals (RFP) and request for qualifications(RFQ). 5. Coordinates contract documents with Town Counsel insuring proper language, insurance requirements,etc. 6. Coordinates,as needed,procurement issues with Town Accountant. 7. Procure and oversee general liability and property,police/fre injury, and workers compensation insurance. 8. Collect and maintain appropriate certificates of insurance for the Town. 9. Serves as a liaison to regulatory agencies,vendors and contractors. 10. Receives,investigates,and mediates purchasing complaints. 11. Administers intergovernmental purchasing agreements in cooperation with other agencies. 12. Maintains records and prepares reports,as required. 13. Assumes additional responsibilities,as necessary. Note: The purpose of this job description is to provide an outline of the more significant work elements of the position and to organize and present the information in a standard manner. It is not intended to describe all the elements of the work that may be performed by every individual in this classification, nor should it serve as the sole basis for Management and/or Human Resources decisions and actions. Page 1 TOWN OF NORTH ANDOVER ' Position Description MASSACHUSETTS Professional (Exempt) -T Position Title: Director of Purchasing&Risk Management Position Code: B-12 Education: BA/BS in business or another related management field. Special License/Certification: Certified as a Massachusetts Certified Public Purchasing Official (MCPPO) or obtain certification within three (3) years of hire. Experience: Minimum of five(5)years of related purchasing experience,preferably in a municipal/school setting. Required Skills,Knowledge and Abilities: Thorough knowledge of municipal procurement procedures with respect to MGL c30B and public construction; have high level analytical skills; have excellent communication and technical writing skills; demonstrated knowledge of insurance principles and practices; computer proficiency; and the ability to manage a large number of tasks and projects simultaneously. Understanding of school procurement issues is desirable. Contacts: Maintains regular contact with all other municipal departments, school department and various schools, state procurement officials,and vendors. Supervisory Responsibility(Also Positions Supervised): None Special Environmental Conditions: None Page 2 NORTH O 4 M i 0" 7 �gAT.D 01 P4y�y �S3/1CHt15E't INTEROFFICE MEMORANDUM DATE: January 19,2010 TO: Mark Rees,Town Manager FROM: Tim Willett CC: Bruce Thibodeau RE: Waverly Road Sewer Project Here is an update on the Waverly Road Sewer Replacement Project. All work shall be on Waverly Road between Greene Street and Turnpike Street. The project scope and anticipated schedule are as follows. ➢ Installation of four twelve inch water main valves - April/May 2010. ➢ Drainage maintenance and improvements in various locations - April/May 2010. ➢ Sidewalk construction between Woodridge Road and Turnpike Street- May/June 2010. ➢ Sewer main installation from Greene Street to Turnpike Street- June -Nov 2010. ➢ Cold plane and full pavement overlay- April -June 2011. The contract has a duration of 270 days excluding the winter shutdown of November 15, 2010 to April 15, 2011. The lowest bidder was DeFelice Corporation of Dracut,MA in the amount of $1,276,269.50. Our Engineering Consultant is Woodard&Curran,who will also provide an on-site inspector. The existing Waverly Road sewer main needs upgrading due to considerable expansion of our sewer system from private development in the southern section of Town. These developments pump sewage flows to the Waverly Road sewer. A sewer study by SEA Consultants recommended this section of Waverly Road be upgraded to handle future growth. Waverly Road residents experienced sewer back- ups during floods in 2006 and 2007. In the next several weeks we will develop a traffic management plan,with input from the Police Department,to handle the detours during sewer installation. Our consultant also will set up meetings with several Town Departments to discuss traffic issues. January 15, 2010 Mr. Curt T. Bellavance Director, Community Development Division Town of North Andover 120 Main Street North Andover, MA 01845 Re: CLEAN ENERGY CHOICE®Matching Grants Town of North Andover. Award No. 1-10 Dear Mr. Bellavance: I am pleased to inform you that your request to draw down on your matching funds account under the Massachusetts Renewable Energy Trust's (the "Trust") CLEAN ENERGY CHOICE@ Program has been approved. As recipient of these funds, you are required to provide the Trust with a project report describing the goals achieved using these funds within 12 months of the date of this letter. In addition to providing a general description of the solar panel installation and associated public education and outreach supported by the funds, this report should also provide information regarding: • The economic (reduction in electricity) benefits the Town has received as a result of the installation of the solar PV system; • A description of the signage and other public education/outreach tools that were implemented by the Town with design support from the Trust to heighten awareness among Town residents concerning the benefits and advantages of renewable energy; and • A description of tangible outcomes regarding public awareness that have resulted as a result of the installation of the solar PV system. You are further required to inform Town residents that the project is supported by an award of funding from the Trust under the CLEAN ENERGY CHOICE@ program. All communication and publicity regarding this funding and the Clean Energy Choice@ Program must be coordinated through Kate Plourd at the Massachusetts Clean Energy Center(617-626-7391). We look forward to working with you on the successful implementation of the Project. Please contact Martha Broad (508.870.0312, ext. 1254) if you have any questions. Thank you for participating in the CLEAN ENERGY CHOICE@ Program. Very truly yours, Carter Wall Executive Director Renewable Energy Trust Enclosures cc: Mr. Mark H. Rees,Town Manager Hello, This message is from the North Andover Health Department regarding our upcoming public HIM flu vaccination clinic. Due to continued high public interest, and the availability of more than 3000 additional doses, we are pleased to offer this free clinic to all persons of 10 years of age and older. The clinic which is open to the public will be held on: )0, Wednesday, January 271h from 1:00 p.m.—7:00 p.m. or until the supply is exhausted. ➢ It will be held at Osgood Landing, located at 1600 Osgood Street. Please enter at the Rte 125 traffic light,which also intersects with the Shell gas station and use the South-East Entrance. ➢ To repeat,this HIM vaccination clinic is for 10 years and older. There is no fee to receive this vaccination,however, if you have one,please bring your medical insurance card. Information on current and future clinics may be found on the town website,the Local Cable station, and the Flu Information Line at 978 688-9598. THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE DEPARTMENT STATE HOUSE ® BOSTON, MA 02133 (6 17) 725-4000 o DEVAL L. PATRICK �a GOVERNOR fs TIMOTHY P. MURRAY g LIEUTENANT GOVERNOR 5, �r )`� Jalary 22, 2010 q'70 012— Dear Local Official, As we finalize our Fiscal Year 2011 budget proposal, I am pleased to inform you of my intention to propose funding local aid at more than $5.2 billion next fiscal year. Despite the fiscal challenges the Commonwealth continues to face, I will propose taking another step forward in our commitment to education by funding Chapter 70 at the highest level in the history of the Commonwealth at $4.048 billion. Every district will be fully funded at foundation, all districts will be held harmless to ensure funding is not less than fiscal year 2010 levels, and all Chapter 70 amounts will be funded by the State, not with deferral stimulus funds. On the non-school, municipal side, I will propose funding unrestricted general government aid at fiscal year 2010 level of$936 million. There will be no cut to unrestricted local aid. I will also propose level funding other key local aid accounts, including payment-in-lieu-of-taxes and regional school transportation. This packet includes my proposed funding for each community for these key local aid accounts — Chapter 70, Unrestricted General Government Aid, PILOT and Regional School Transportation. (This information is also available online at the Division of Local Services website, www.mass.gov/dIs). As is customary, our proposal for all Cherry Sheet accounts will be available when our budget proposal is filed on January 27`h. Through our Fiscal Year 2011 budget and submissions to the Joint Committee on Municipalities and Regional Government, our Administration is also proposing a number of new tools to support cities and towns, including: • A local pension funding relief initiative to help local systems address unprecedented asset losses in a fiscally responsible way. Communities could save up to $200 million statewide in the first year of the proposed new schedule. • An optional Early Retirement Incentive program for cities and towns. • A rate freeze on special education private placements that could save $3.2M . • Relief from library "maintenance of effort" requirements and decertification rules • Allowing regional school districts to share superintendents, providing savings and efficiencies. • Allowing regional school districts greater access to stabilization funds. • Allowing local government procurement from state energy resource contracts. • $250K in a reserve account to study the adequacy of the Chapter 70 foundation budget and formula. • A local aid study commission to evaluate local aid formulas. We look forward to working with you during the budget process. Sincerely, I, f I The Patrick-Murray Record of Commitment to Communities "My vision is of a city or town where you and your children can afford to live, where your children receive a world-class education, and where your local government provides you with good, reliable and efficient services."- Deval Patrick, January 2006 Governor Deval Patrick has made significant investments in Massachusetts' 351 cities and towns over the last three years. One of his first policy initiatives was the Municipal Partnership Act, comprehensive legislation including tools to strengthen communities. The Patrick-Murray Administration has maintained a strong commitment to education, funding Chapter 70 at record levels. It has protected local aid even in the most challenging fiscal climate since the Great Depression. And it has provided communities with the tools they need to help balance their own budgets - reducing the pressure on the property tax and protecting essential services like police and fire. In Fiscal Year 2011, the Governor proposes over $5.2 billion in total Local Aid. Commitment to Education • In each budget, fully funded Chapter 70 • Instrumental in securing ARRA funds that helped provide communities with record-level of education funds amidst global economic crisis in FY 2010. • In FY 2011 fully funds Chapter 70 at $4.048 billion using all state dollars, providing stability to school districts • No district will receive less in Chapter 70 in FY11 than it received in FY10 • We will continue to make progress towards the equity goals established five years ago by providing 30% effort reduction to high contributing towns with aid making up the difference where needed. • We will also fund a Chapter 70 study commission and adequacy commission to finally begin addressing long standing concerns about the formula. Commitment to Local Aid • In FY09 and FY10, despite unprecedented fiscal crisis, held local aid harmless to greatest extent possible. Did not make mid-year cuts in FY10 despite $600 million revenue shortfall. • Made up hundreds of millions of dollars in Lottery shortfalls in FY07 - FY09 • In FY11, level funds Section 3, PILOT and regional school transportation. Commitment to Public Safety • In FY10 advocated for and won $71 million in federal recovery funding for local police and fire departments. Commitment to the Environment • Launched the Green Communities grant program, providing $7 million to communities to support energy efficiency, renewable energy and other innovative energy projects. Commitment to Capital Improvements • Historic levels of investment in municipal grant programs, Chapter 90, transportation, land conservation, public housing, economic development Commitment to Partnership: • Closed telecom tax loophole: eliminated exemption on telephone poles and wires, generating $26 million for communities. Proposed eliminating exemption on telecom machinery, which would generate $26 million more. • Local Option Revenues: Signed into law local option meals and hotel taxes to give communities new tools to balance their budgets, generating up to $250 million annually for cities and towns. • Healthcare savings: Signed into law opportunity for municipalities to join the Group Insurance Commission, the state health insurance program. Communities that have joined have saved millions of dollars. Proposed transferring eligible retirees into Medicare, which could save up to $200 million. Proposed pro-rating insurance for part-time employees • Pension savings: Signed into law provision merging underperforming local pension funds with state pension fund. Savings can be achieved by both underperforming and well-performing local funds. Also signed into law Pension Reform Phase 1, eliminating the most egregious abuses in pension systems that cost money and compromise the integrity of the system. • Partnership: Created the Municipal Affairs Coordinating Cabinet, which held over 20 listening sessions across the Commonwealth with municipal leaders. Also created the Edward J. Collins Center for Public Management, providing an array of services for local government. • Regionalization: Proposed tools to encourage and facilitate regionalization of municipal services, which if enacted could save millions of dollars. Also created the Regionalization Advisory Commission, examining opportunities for communities to achieve cost savings, efficiencies and improve services • Procurement: Proposed tools for reforming municipal procurement and advertising requirements, providing savings and efficiencies. • Local Authority: Proposed provisions allowing municipalities more legal flexibility in certain areas, dramatically reducing need for special exemptions. • Proposed tools allowing enhanced flexibility and improved processes in municipal finance A Continued Commitment In its FYI budget, the Patrick-Murray Administration is proposing a number of new tools to support cities and towns, including: • A local pension funding relief initiative to help local systems address unprecedented asset losses in a fiscally responsible way. Communities could save up to $200 million statewide in year one of the proposed new schedule. • Pension Reform Phase 2, continuing to reform the system to provide cost savings and strengthen the integrity of the system. • An optional Early Retirement Incentive program for cities and towns. • A rate freeze on special education private placements that could save $3.2M • Relief from library "maintenance of effort" requirements and decertification rules • Allowing regional school districts to share superintendents, providing savings and efficiencies • Allowing regional school districts greater access to stabilization funds • Energy performance contract opportunities for cities and towns The Governor also proposes a comprehensive evaluation of two key local aid accounts: ® $250K in a reserve account to study the adequacy of the Chapter 70 foundation budget and a local aid study commission to evaluate local aid formulas Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid ABINGTON 7,652,405 1,733,200 ACTON 5,480,709 1,232,453 ACUSHNET 6,380,293 1,335,880 ADAMS 0 2,062,686 AGAWAM 17,539,465 3,245,836 ALFORD 0 12,364 AMESBURY 8,897,607 1,714,037 AMHERST 6,141,373 7,417,544 ANDOVER 7,318,616 1,574,331 ARLINGTON 7,043,540 6,684,280 ASHBURNHAM 6,255 700,522 ASHBY 18,467 385,788 ASHFIELD 97,305 163,569 ASHLAND 4,781,435 1,191,467 ATHOL 0 2,332,579 ATTLEBORO 30,385,681 5,026,357 AUBURN 6,569,399 1,508,896 AVON 862,748 610,660 AYER 4,168,122 666,985 BARNSTABLE 7,589,756 1,853,262 BARRE 0 792,398 BECKET 79,753 80,012 BEDFORD 2,964,642 1,011,392 BELCHERTOWN 13,786,977 1,499,115 BELLINGHAM 8,480,883 1,495,008 BELMONT 5,885,398 1,989,365 BERKLEY 5,426,422 536,079 BERLIN 528,296 177,633 BERNARDSTON 11,779 256,255 BEVERLY 7,109,675 5,145,188 BILLERICA 18,355,098 5,130,485 BLACKSTONE 84,251 1,205,953 BLANDFORD 44,506 111,873 BOLTON 0 173,954 BOSTON 216,994,382 166,924,272 BOURNE 4,948,115 1,291,562 BOXBOROUGH 1,366,966 222,247 BOXFORD 1,620,806 428,303 BOYLSTON 454,815 301,792 BRAINTREE 12,178,034 5,041,694 BREWSTER 937,937 347,881 BRIDGEWATER 36,107 3,208,997 BRIMFIELD 1,167,152 343,508 BROCKTON 132,925,358 18,447,819 BROOKFIELD 1,342,588 435,019 BROOKLINE 7,323,679 5,593,780 BUCKLAND 6,177 269,777 BURLINGTON 5,413,900 2,307,358 CAMBRIDGE 9,130,367 18,927,802 CANTON 3,749,132 1,889,388 CARLISLE 834,776 193,277 Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid CARVER 10,112,726 1,287,097 CHARLEMONT 96,287 154,007 CHARLTON 7,572 1,276,459 CHATHAM 685,125 132,598 CHELMSFORD 10,437,871 4,471,873 CHELSEA 52,458,822 7,236,122 CHESHIRE 310,513 541,244 CHESTER 130,782 158,623 CHESTERFIELD 126,627 121,644 CHICOPEE 52,093,967 10,145,648 CHILMARK 0 3,304 CLARKSBURG 1,848,479 320,512 CLINTON 11,054,176 2,074,041 COHASSET 1,753,039 453,294 COLRAIN 0 254,283 CONCORD 2,111,688 1,022,124 CONWAY 625,958 157,462 CUMMINGTON 69,156 73,500 DALTON 214,226 1,002,426 DANVERS 4,509,672 2,509,394 DARTMOUTH 9,490,011 2,221,020 DEDHAM 3,857,099 2,881,188 DEERFIELD 1,084,466 423,174 DENNIS 0 479,831 DIGHTON 0 681,269 DOUGLAS 8,705,118 642,969 DOVER 635,447 169,484 DRACUT 18,712,673 3,086,981 DUDLEY 0 1,574,194 DUNSTABLE 4,350 216,702 DUXBURY 4,635,251 780,978 EAST BRIDGEWATER 10,678,301 1,318,811 EAST BROOKFIELD 60,179 255,524 EAST LONGMEADOW 9,031,158 1,275,317 EASTHAM 333,725 131,264 EASTHAMPTON 7,995,345 2,476,469 EASTON 9,710,751 1,929,409 EDGARTOWN 446,517 58,689 EGREMONT 0 55,591 ERVING 431,682 59,218 ESSEX 0 215,716 EVERETT 38,785,854 6,086,937 FAIRHAVEN 7,624,868 1,986,773 FALL RIVER 94,236,411 20,996,063 FALMOUTH 5,119,922 1,221,483 FITCHBURG 41,279,263 7,518,871 FLORIDA 555,379 43,854 FOXBOROUGH 8,819,356 1,312,346 FRAMINGHAM 19,926,983 8,765,666 FRANKLIN 28,371,695 2,177,055 FREETOWN 1,515,957 836,625 Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid GARDNER 18,880,829 3,733,532 AQUINNAH 0 2,058 GEORGETOWN 5,382,244 631,160 GILL 0 214,306 GLOUCESTER 6,080,047 3,518,850 GOSHEN 100,116 70,485 GOSNOLD 17,098 1,848 GRAFTON 9,042,180 1,377,602 GRANBY 4,706,746 777,937 GRANVILLE 1,317,791 141,258 GREAT BARRINGTON 0 668,654 GREENFIELD 9,842,539 2,797,191 GROTON 3,193 682,494 GROVELAND 0 641,340 HADLEY 774,541 399,872 HALIFAX 2,794,152 799,790 HAMILTON 0 591,950 HAMPDEN 0 606,171 HANCOCK 201,197 49,744 HANOVER 6,303,926 1,866,403 HANSON 31,542 1,128,264 HARDWICK 0 410,173 HARVARD 1,815,511 1,304,791 HARWICH 1,833,840 379,514 HATFIELD 795,778 274,914 HAVERHILL 36,406,776 8,659,369 HAWLEY 28,203 38,130 HEATH 0 73,717 HINGHAM 5,719,073 1,390,494 H I NSDALE 109,045 196,174 HOLBROOK 4,856,980 1,300,008 HOLDEN 0 1,684,514 HOLLAND 940,324 177,832 HOLLISTON 6,915,753 1,364,400 HOLYOKE 68,360,690 8,948,084 HOPEDALE 6,143,124 574,519 HOPKINTON 5,780,513 692,119 HUBBARDSTON 0 396,881 HUDSON 9,366,339 1,756,926 HULL 3,814,006 1,867,191 HUNTINGTON 214,502 303,650 IPSWICH 2,703,789 1,414,298 KINGSTON 3,999,499 845,678 LAKEVILLE 2,389,045 720,901 LANCASTER 0 842,194 LANESBOROUGH 844,664 303,923 LAWRENCE 140,980,506 17,299,359 LEE 2,026,303 548,705 LEICESTER 9,713,210 1,529,786 LENOX 1,194,985 469,623 LEOMINSTER 41,865,920 5,042,529 Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid LEVERETT 282,057 157,266 LEXINGTON 7,449,035 1,350,288 LEYDEN 0 72,543 LINCOLN 759,016 599,811 LITTLETON 3,701,138 626,288 LONGMEADOW 4,340,920 1,230,949 LOWELL 121,179,148 22,192,157 LUDLOW 13,523,564 2,691,527 LUNENBURG 4,777,497 931,718 LYNN 118,839,864 19,726,507 LYNNFIELD 4,013,888 916,325 MALDEN 41,915,092 11,053,793 MANCHESTER 0 195,936 MANSFIELD 18,773,984 1,965,294 MARBLEHEAD 4,805,402 1,003,303 MARION 456,004 198,801 MARLBOROUGH 13,277,522 4,796,158 MARSHFI ELD 14,331,875 1,908,668 MASHPEE 4,437,308 324,158 MATTAPOISETT 556,663 357,094 MAYNARD 3,660,967 1,384,183 MEDFIELD 5,937,045 1,277,175 MEDFORD 11,447,701 10,687,177 MEDWAY 10,456,517 1,074,910 MELROSE 7,708,250 4,518,499 MENDON 27,220 360,053 MERRIMAC 0 741,313 METHUEN 41,012,456 4,790,482 MIDDLEBOROUGH 17,441,157 2,172,248 MIDDLEFIELD 18,032 46,839 MIDDLETON 1,566,978 482,077 MILFORD 15,878,931 2,691,116 MILLBURY 6,937,152 1,560,179 MILLIS 4,212,398 922,449 MILLVILLE 42,330 358,883 MILTON 5,814,582 2,831,002 MONROE 87,282 16,200 MONSON 7,669,114 1,150,120 MONTAGUE 0 1,262,696 MONTEREY 0 40,736 MONTGOMERY 21,919 76,463 MOUNT WASHINGTON 34,142 26,411 NAHANT 465,587 332,902 NANTUCKET 1,409,385 69,809 NATICK 7,460,123 3,357,406 NEEDHAM 6,999,890 1,538,073 NEW ASHFORD 179,384 17,896 NEW BEDFORD 112,708,032 20,267,970 NEW BRAINTREE 0 116,309 NEW MARLBOROUGH 0 51,599 NEW SALEM 0 91,415 Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid NEWBURY 0 456,295 NEWBURYPORT 3,320,352 2,247,087 NEWTON 14,171,395 5,177,738 NORFOLK 3,417,236 844,929 NORTH ADAMS 14,175,431 3,908,849 NORTH ANDOVER 6,470,012 1,805,628 NORTH ATTLEBOROUGH 20,629,686 2,534,823 NORTH BROOKFIELD 4,362,572 702,057 NORTH READING 6,823,391 1,564,395 NORTHAMPTON 7,228,831 3,872,525 NORTHBOROUGH 3,497,837 982,781 NORTHBRIDGE 14,271,099 1,859,798 NORTHFIELD 0 318,327 NORTON 12,832,725 1,831,209 NORWELL 3,177,994 944,497 NORWOOD 5,079,889 4,098,202 OAK BLUFFS 648,233 64,077 OAKHAM 124,262 169,039 ORANGE 5,406,413 1,423,887 ORLEANS 251,039 151,342 OTIS 0 32,047 OXFORD 9,618,608 1,811,699 PALMER 11,112,247 1,766,962 PAXTON 0 476,772 PEABODY 19,715,730 6,360,014 PELHAM 228,505 140,247 PEMBROKE 13,516,289 1,481,057 PEPPERELL 0 1,315,005 PERU 84,251 100,623 PETERSHAM 442,349 101,008 PHILLIPSTON 0 162,522 PITTSFIELD 37,355,373 7,607,092 PLAINFIELD 53,150 44,202 PLAINVILLE 2,661,189 668,424 PLYMOUTH 22,859,189 3,452,391 PLYMPTON 582,449 209,025 PRINCETON 0 260,866 PROVINCETOWN 272,588 121,870 QUINCY 20,125,137 16,823,747 RANDOLPH 11,941,876 4,579,658 RAYNHAM 0 1,001,882 READING 10,023,063 2,856,335 REHOBOTH 0 918,432 REVERE 38,595,789 9,063,334 RICHMOND 349,151 95,322 ROCHESTER 1,801,969 374,209 ROCKLAND 10,541,378 2,329,177 ROCKPORT 1,343,494 385,530 ROWE 71,465 3,471 ROWLEY 0 475,805 ROYALSTON 0 158,399 Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid RUSSELL 175,484 217,604 RUTLAND 0 815,043 SALEM 17,228,409 6,077,873 SALISBURY 0 556,700 SANDISFIELD 0 30,531 SANDWICH 6,735,852 993,063 SAUGUS 4,107,595 3,232,413 SAVOY 527,171 102,086 SCITUATE 5,104,541 1,772,437 SEEKONK 4,512,952 1,084,202 SHARON 6,831,805 1,233,375 SHEFFIELD 14,465 214,648 SHELBURNE 4,400 230,412 SHERBORN 528,026 190,846 SHIRLEY 4,394,883 1,155,974 SHREWSBURY 19,555,188 2,454,350 SHUTESBURY 604,124 149,413 SOMERSET 5,272,614 1,351,356 SOMERVILLE 20,185,320 22,199,513 SOUTH HADLEY 7,972,049 2,301,106 SOUTHAMPTON 2,561,807 561,406 SOUTHBOROUGH 2,804,288 385,362 SOUTHBRIDGE 15,992,431 3,099,657 SOUTHWICK 0 1,111,391 SPENCER 8,070 1,992,823 SPRINGFIELD 272,396,465 33,354,581 STERLING 0 610,830 STOCKBRIDGE 0 87,826 STONEHAM 3,515,493 3,274,505 STOUGHTON 12,923,139 2,821,431 STOW 0 370,906 STURBRIDGE 2,363,162 682,609 SUDBURY 4,444,105 1,233,349 SUNDERLAND 873,519 445,329 SUTTON 5,390,120 687,780 SWAMPSCOTT 2,709,030 1,140,460 SWANSEA 4,981,848 1,654,825 TAUNTON 46,564,560 7,410,543 TEMPLETON 0 1,228,627 TEWKSBURY 13,011,879 2,452,240 TISBURY 402,050 86,395 TOLLAND 0 16,284 TOPSFIELD 1,083,775 540,420 TOWNSEND 0 1,157,942 TRURO 259,303 26,506 TYNGSBOROUGH 7,352,623 851,475 TYRINGHAM 37,209 11,186 UPTON 25,670 469,089 UXBRIDGE 9,453,474 1,212,326 WAKEFIELD 5,065,190 2,968,230 WALES 703,010 208,107 Fiscal Year 2011 Major Local Aid Accounts Governor's Budget Proposal Unrestricted General Municipality/Regional School Chapter 70 Government Aid WALPOLE 7,507,494 2,245,510 WALTHAM 7,466,622 8,460,794 WARE 8,202,692 1,521,125 WAREHAM 12,914,328 1,743,225 WARREN 0 797,143 WARWICK 0 112,054 WASHINGTON 11,705 83,219 WATERTOWN 3,416,570 5,876,962 WAYLAND 3,322,155 796,429 WEBSTER 10,046,365 2,181,494 WELLESLEY 7,608,031 1,141,372 WELLFLEET 154,572 51,499 WENDELL 0 153,551 WENHAM 0 377,404 WEST BOYLSTON 2,962,652 702,001 WEST BRIDGEWATER 2,359,519 576,156 WEST BROOKFIELD 209,737 429,141 WEST NEWBURY 0 261,065 WEST SPRINGFIELD 18,940,208 3,157,733 WEST STOCKBRIDGE 0 85,667 WEST TISBURY 0 163,654 WESTBOROUGH 4,443,157 1,021,005 WESTFIELD 34,381,447 5,546,600 WESTFORD 16,755,562 1,872,441 WESTHAMPTON 467,361 127,674 WESTMINSTER 0 576,774 WESTON 2,556,275 329,574 WESTPORT 4,388,806 1,071,932 WESTWOOD 3,990,013 642,792 WEYMOUTH 23,839,936 7,682,608 WHATELY 250,063 118,242 WHITMAN 117,046 2,133,498 WILBRAHAM 0 1,289,488 WILLIAMSBURG 430,604 266,748 WILLIAMSTOWN 945,841 841,200 WILMINGTON 10,304,346 2,190,871 WINCHENDON 11,741,882 1,482,275 WINCHESTER 5,927,107 1,303,615 WINDSOR 48,143 91,497 WINTHROP 5,080,860 3,714,357 WOBURN 6,573,988 5,274,775 WORCESTER 192,784,395 36,614,610 WORTHINGTON 60,179 110,672 WRENTHAM 3,738,425 821,444 YARMOUTH 4,765 1,112,429 DEVENS 321,440 0 Municipal Total 3,407,863,689 936,437,803 ACTON BOXBOROUGH 7,362,007 ADAMS CHESHIRE 10,258,874 AMHERST PELHAM 9,685,959 THE PATRICK-MURRAY LOCAL PENSION FUNDING RELIEF INITIATIVE The Problem: Funding Schedule Challenge • Recent unprecedented losses incurred by local pension funds will result in significant increases in the annual pension payments required to fully fund the systems on existing funding schedules. This presents a significant challenge at a time when governmental resources are more constrained than ever. • There are significant short-term and long-term fiscal implications to solutions for this issue, as it will impact local governments' ability to fund pension liabilities over the long-term and their ability to fund critical programs and services in the short-term. • There are issues of fairness that need to be considered; specifically, the obligation to address unfunded pension liabilities accrued as a result of years of underfunding and the poor investment performance of pension funds must be balanced against the current generation of taxpayers' right to not be disproportionately burdened with solving this entire funding problem. • It is also important, however that the funding liability be recognized and addressed in a responsible and disciplined manner. Patrick-Murray Solution ® This proposal is not intended for budget relief from current appropriations. This proposal is designed to allow local systems, at a time of fiscal crisis, to address recent market losses that grow liabilities caused by prior generations of taxpayers in a disciplined way without the significant increases in payments that would otherwise be required. ® Our proposal allows systems to extend their funding schedule subject to certain conditions regarding maximum and minimum payment amounts. In no event may schedules be extended beyond 2040. I ® Biennial actuarial valuations will be required beginning 3 years after the last valuation conducted before January 1, 2010. ® Our proposal strikes the right balance by acknowledging the hardship communities would face if not provided relief for significant cost increases that will otherwise occur if forced to live within existing funding schedules and by requiring that annual funding levels be maintained. ® Our proposal also requires that future asset gains be used to shorten schedules, not reduce payments. Aggregate estimate of "avoided costs": up to $200M in first year of proposed new schedule if every community takes advantage of the authorization to extend their schedules to the maximum term permitted. THE AT IC -MUR if MUNICIPAL EARLY RETIREMENT PROPOSAL This optional Early Retirement Incentive program for cities and towns is structured in a restrictive manner to ensure that desired near-term budget savings exceed the present value cost to the pension system, while still giving city and town managers sufficient flexibility to structure the program in a manner that avoids adverse operating impacts. By making this program available at the option of municipalities, it will give cities and towns the flexibility to determine for themselves whether this limited tool is appropriate for their community. Eligible Employees • Active members with at least 20 years of service • Compensation paid out of operating budget (i.e., not federal, trust or other capital funds) • Executive authority shall limit the total number of participating employees, with preference given to those with greater years of creditable service, and shall have the authority to determine which eligible municipal employees may participate and to approve early retirement benefits for each employee in order to avoid adverse impacts on municipal operations and services. Benefit • A maximum of 3 years of additional age or creditable service or a combination of additional years of age and service the sum of which shall not be greater than 3. • All participants must forego right to any accrued sick and vacation time, and such amounts shall be paid into the pension system to reduce the additional pension liability. • Retirement allowance of participants shall not exceed 80% of previous 3 or highest 3 years compensation (no benefit to those who have already maxed out). Backfill ® Limited to not more than 30% in FY11, 45% in FY12 and 60% in FY13 of total annualized cost of regular compensation during FY11 for positions vacated. Available backfill funds may be used for compensation, contract and professional services. Municipal Plan • Municipality must provide PERAC information demonstrating the value of the plan so PERAC can evaluate the plan and confirm the analysis, including: historic data upon which plan is based, elements of municipal plan including cap, type of employees, benefit, and backfill. • Municipality must certify to PERAC that the present value cost of its plan is less than the present value savings and provide PERAC with all information it requests to evaluate the plan and do a cost analysis. Participation Period • Within 2 months after the effective date of the act, the mayor or board of selectmen of a municipality that chooses to participate shall submit its plan to PERAC for approval. • Once the plan has been approved, it shall be submitted to the legislative body for acceptance. • The approved plan shall be published and made available to employees within one month after it has been accepted. • Employees must apply to participate within two months of the plan's publication. • The municipality shall determine which applicants shall be allowed to participate in the program and notify them within one month of the application deadline. • Participating employees must retire within two months of notification of acceptance. Annual Report ® Municipality shall submit annual report to PERAC, ANF and the municipal legislative body, including the salaries and positions of participants, the amount of sick and vacation time being contributed by participants, the salaries and positions of those being hired as replacements and whether the positions of participants have been permanently eliminated. Revised Pension Funding Schedule ® Increased pension liability resulting from the program must be amortized over 10 years, starting in the next fiscal year, in equal installments, and shall be separately identified in the funding schedule. i