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2011-05-02 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 tIORTH Daniel P. Lanen,Chairman r°gt ;b�tio William F. Gordon F A TEL. (978)688-9510 Rosemary Connelly Smedile *_ .ti FAX(978)688-9556 Donald B. Stewart =< " Tracy M. Watson 9SSHCHUS ES BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA May 2,20117:00 p.m. TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Il. COMMUNICATIONS AND ANNOUNCEMENTS A. Ad hoc Committee Report B. Status Report from the Facilities Master Planning Committee C. Stevens Library Book Sale, May 13-15, 2011 III. CONSENT ITEMS A. Request to Conduct Memorial Day Parade and Ceremony, May 30, 2011 IV. PUBLIC HEARINGS A. Energy Services Contract Award to Ameresco, Inc. (continued from 5:00 p.m.) V. LICENSING COMMISSIONERS A. Liquor Regulations Violation Hearing: The New Beijing Restaurant VL OLD BUSINESS A. Preparation for Annual Town Meeting, May 10,2011 B. Constellation Energy Contract VII. NEW BUSINESS A. Resolution in Support of Updating the Massachusetts Bottle Bill VIII. TOWN MANAGER'S REPORT IX. PUBLIC COMMENT X. ADJOURNMENT 5/2/2011 NORTH ANDOVER „a FACILITIES MASTER PLAN 0, �� �•ww���w�� �,������ w�I May 10, 2011 ' Presented to: North Andover Town Meeting Presented for: Presented by: Facilities Master Plan Committee The Cecil Group,Inc. a ' Facilities Master Planning Process Building Assessments • Bradstreet School „ Former Police Station • Division of Public Works Facility • Fire Department Headquarters Department Space Programs • School Department • Community Development Division • Division of Public Works • Senior Center • Fire Department Headquarters Site Evaluations Alternative Scenarios _.__.. -_ ------- - .. . __— . .._..- m NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa 1 5/2/2011 Facilities Master Plan ` Goals 1 . Move School Administration and Community Development offices to new locations before their leases expire (2013 and 2016) 2. Rehab and reuse existing building stock to the extent possible . . Maintain level funding in the Capital Program 4. Keep Downtown active ____.- _ ._..__....... __ __._. ___ _ --_ NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa Facility Building y Site Options In Bradstreet School 01 Former Police Station . Fire Station Headquarters Senior Center , Division of Public Works Foster Farm (School Dept.) Prescott Street/Rt.133 parcel (Public Safety) Municipal Airport _ --....._.. -------- - NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa 2 5/2/2011 School Projections In U Projected numbers of school children based on previous projections and current data 10 Implications of projections on school classroom and facility needs 10 Impact on Capital Budget and project phasing NORTH ANDOVER FACILITIES MASTER PLAN a The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa '....... Scenario It r ti . Use/Reuse xi ti ng Buildi School Department to former Police HQ site Senior Center and Thrift Shop to Bradstreet School Community Development to current Senior Center Fire Department HQ and DPW stay in place a School improvements No Change ` Change Location __ _ __ _-------- NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa 3 5/2/2011 Scenario It r tip . it Station In New Fire Station Senior Center and Thrift Shop to Bradstreet School � > Community Development to current Senior Center �I School Department to current Fire Department HQ DPW to stay in place School improvements I No Change Change Location Possible Location Change Possible New Location ^ NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa Scenario It rn tip .3: New Fire Q Station and Senior Center Expansion 10 New Fire Station Senior Center and Thrift Shop to expand into current Fire Department HQ ,^ 11 Community Development and School Department in Bradstreet � x School �f DPW to stay in place 11 School improvements l t No Change Change Location Possible Location Change Possible New Location i ma NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates-Garcia Galuska DeSousa 4 5/2/2011 Scenario I r i i t and Senior Facilities New Fire Station New Senior Center facility at former Police HQ site o. Community Development to current Senior 1, Center School Department and Thrift Shop to current Fire Department HQ DPW to stay in place School improvements Sell Bradstreet School Sell Building No Change �d Change Location Possible Location Change Possible New Location ..........,-_.-m ..._._.__ .. ._...._..__ ........... ------- _.. ......_.. �+ NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa rrx Level of Investment Scenario 1 :Use/Reuse Lowest Existing Buildings Scenario 2:New Fire Moderate Station Scenario 3:New Fire Moderate Station and Senior Center Expansion Scenario 4:New Fire `Highest Station and Senior Center __. ... _..._ - _ ... NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects•Foley Buhl Roberts&Associates•Garcia Galuska DeSousa 5 5/2/2011 Next Steps r'J"y Public Input I e • Public Discussion Meeting • Wednesday, May 25th,7:OOPM • Town Hall, Selectmen's Meeting Room Plan and Recommendations _.__.----- ..........._._.._ NORTH ANDOVER FACILITIES MASTER PLAN The Cecil Group Inc.•HMFH Architects-Foley Buhl Roberts&Associates•Garcia Galuska DeSousa d I G, I n � i � t r r. r ,fix„�' ., ,+,,m • �„ � ��, NORTH ANDOVER FACILITIES MASTER PLAN May 10,2011 Presented to: 7 Town of North Andover,MA f a Presented by: The Cecil Group,Inc. N i! w. � ro 6 Rees, Mark From: Johnson, Adele Sent: Wednesday, April 27, 20114:10 PM To: Rees, Mark Subject: FW: BOS Announcement Request Library book Sale Adey"µ.1 Johnson AdmWstrative Secretary Gown of North Andover 1.20 Main Street North Andover, MA 01,84S 978--688-9510 Unsecreta From: Crow�Fuck�� t �Lgj f rnafto:Crow rucl(.Lj�?jo1& pj, -............... ...................--- Sent: Wednesday, April 27, 20113:18 PM To: Johnson, Adele; Lanen, Daniel Cc: Lairsonry'Oe plj,g[n; ----.................- Subject: BOS Announcement Request Library book Sale Board of Selectmen Dan Lanen, Chairman Adele Johnson Library Book Sale is May 13th, 14th, and 15th. Request for Announcement of Library Book Sale at May 9th BOS meeting Thank you for your help. Kathy Stevens The Library Book Sale Week End begins on Friday, May 13. at 4 p.m. On Saturday, May 14 general sale hours are 9 a.m. to 4 p.m. On Sunday, May 15 hours are noon until 3 with all books and media priced at $4.bag. Donations may be left at the library now. Proceeds pay for museum passes, summer reading program, and special events. Volunteers are needed to help with publicity and book sorting. For information or to volunteer, contact: Marty Larson, President of the Friends of the Library, at ► nin] aol,com or 978-686-1557 ............ ....... Hn�l��n note tho Seunlmy ol offi(m ho�;d0wmined Uwl[ nmJ ewolk�to ld tom ilmidr ip 0 nffice� Nwi ofhci�ds a[( pOAhc lc,cofds Fm Io kA I I pofion pIko I",u veld I to IN ht I n -A Pln�n cowwinl the ommlollmnO b&ow prirl(klg Hwy �i It � iarloa�a �a z�,o 0.3www+atiore oi�asrz6lt'c�c, �� i y, 6 Ol1a r (97&) 6(Y,9 63W Date: April 25, 2011 To: North Andover Board of Selectmen Via: Mark Rees, Town Manager CC: Division Director, Ray Santilli Director of Public Works Bruce Thibodeau North Andover Police Department, Chief Rick Stanley North Andover Fire Department, Chief Andrew Melnikas Subject: Request to Conduct Memorial Day Parade & Ceremony Ladies and Gentlemen: The North Andover Patriotic Observance &Marching Committee respectfully requests permission to conduct an appropriate Parade and Ceremonial Service in recognition of Memorial Day, May 30th 2011. We respectfully request your approval of having the Memorial Day Parade form at 10:00 A.M on Monday May 30th, on the West side of Center Common(Osgood&Andover St.). The parade will then go right onto Mass Ave and then head left onto Salem Street with the Parade ending at the Ridgewood Cemetery for the appropriate ceremony. Upon completion of our Memorial Ceremony, the Parade will reform and proceed back to the Center Common and disperse from there. A small contingency will form at the V.F.W. Post 2104 on Park Street for the ceremonial Flag Raising and reception. In the event of inclement weather, our services will be held in the Middle School Veteran's Auditorium at 10:30A.M. For additional information please contact Edward V. Mitchell at(978) 688-9525. Respectfully, Chieflkdward V. Mitchell, US Navy (Ret Chairmen, Patriotic Observance&Marching Committee LEGAL NOTICE TOWN OF NORTH ANDOVER PUBLIC HEARING BOARD OF SELECTMEN In accordance with M.G.L. Chapter 25A Section 111, notice is hereby given that the Board of Selectmen of - the Town of North An- dover will hold a public hearing on Monday,May 2,2011,at 5:00 p.m.in the Town Hall Meeting Room,120 Main Street, North Andover, MA,for the purpose of awarding an energy services con- tract to Ameresco, Inc. Any person interested or wishing to be heard on this matter should appear at the pub- lic hearing at the time and place designated above. Mark H.Rees Town Manager ET-4/26/11 � NOR7F�q O S1�eo e NO O 4 A .9 pO'4rao ne^5,�5 SSgCHUS� I INTEROFFICE MEMORANDUM TO: Mark Rees DATE: April 29, 2011 Town Manager FROM: Ray Santilli Assistant Town Manager SUBJ: Energy Performance Contracting Energy Performance Contracting (EPC) is a turnkey system, sometimes compared to design/build construction contracting, which provides customers with a comprehensive set of energy efficiency, renewable energy and distributed generation measures and often is accompanied by a guarantee that the savings produced by a project will be sufficient to finance the full cost of the project. In Massachusetts, an EPC project is delivered by an Energy Service Company(ESCO) in accordance with M.G.L. c25A, §1 I and consists of the following elements: • Turnkey Service—The ESCO provides all of the services required to design and implement a comprehensive project at the customer facility, from the initial energy audit through long-term monitoring and verification of the project savings. • Comprehensive Measures—The ESCO tailors a comprehensive set of measures to fit the needs of a particular facility. • Project Financing—The ESCO arranges for long-term project financing that is provided by a third-party financing company. • Project Savings Guarantee—The ESCO provides a guarantee that the savings produced by the project will be sufficient to cover the cost of all or some of the project financing for the life of the project. In response to a Request for Proposals issued by Merrimack Valley Planning Commission on behalf of its member communities, a contract to Energy Performance Contracting was issued to Ameresco, Inc (of Framingham, MA). Town representatives have met on a number of occasions with the company to discuss performing investment grade audits (IGA) of all municipal and school buildings. At the conclusion of the initial process, Ameresco will submit recommendations of various projects to undertake. The cost of the projects would be offset by the anticipated energy savings over a prescribed number of years. Ameresco would provide both the design and build services portion of the projects. If the Town does not commit to any recommended projects, the Town would be required to pay Ameresco $0.045 per square foot of building space (app $38,000 for all municipal and school buildings) for their energy auditing services. Town representatives, including Town Counsel, have been meeting with Ameresco to finalize all aspects of the investment grade audits (IGA) and specifically an energy services agreement (ESA)to design and replace the HVAC system at the Stevens Memorial Library. Both of these documents will be presented to the Board of Selectmen for formal acceptance at the public hearing scheduled during the Selectmen's meeting on Monday, May 2". In anticipation of receiving final approval to proceed, Ameresco has already conducted an audit of the Stevens Memorial Library in conjunction with the design and replacement of the HVAC system as approved at the Special Town Meeting last November. The estimated cost of this specific project $385,000 (budgeted at $460,000). The design and installation is scheduled to be completed by the end of July 2011. I TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Of ttta°h6't.y Tracy M. Watson,Chairman 3= bt•.M William F.Gordon a Telephone(978)688-9500 Daniel P. Lanen i c� : * FAX(978)688-9557 Rosemary C. Smedile Donald B.Stewart 9ss„c„us April 15, 2011 Wen Jing Huang, Manager Millennium Eatery, Inc. d/b/a Beijing Eatery 1250 Osgood Street North Andover, MA 01845 Dear Ms. Huang, The North Andover Licensing Commission hereby notifies you of, and requests that you be present at, a public hearing to be held on Monday, April 25, 2011, at 7:30 PM at Town Hall, Selectmen's Meeting Room, 2nd Floor, 120 Main Street,North Andover, Massachusetts. The hearing is regarding possible violations ON March 30, 2011 and March 31, 2011 of MGL Chapter 138 Section 69 "No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises" and 204 CMR 2.05 "No licensee shall permit any illegality to occur on the licensed premises. The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, illegality takes place in or around on a licensed premises". At this hearing you have the right to have counsel present, may have witnesses testify on your behalf, and will be entitled to question witnesses. As a result of testimony to be given that night, the action of the Commissioners could result in a warning, suspension, revocation or modification of your license. Very truly yours, Tracy M. Watson, Chairman North Andover Licensing Commission Cc: North Andover Police Dept File % ®- - POLICE o I) ow %Men—dew } � 11 D E P A R T H E N T � "Community Partnership" TO: Mark Rees, Town Manager FROM: Chief Richard M. Stanley J I`, RE: Liquor Violation—New Beijing Restaurant DATE: April 11, 2011 Please read the attached memorandum from Lieut. Paul Gallagher regarding another liquor violation committed by the owners at Millennium Eatery dba New Beijing Restaurant. This incident involves the owner's husband being arrested for operating under the influence of liquor at 3:00am after leaving the restaurant. Not only endangering the public but nearly hitting a police cruiser in the opposite lane. The officers will be available for the Board of Licensing Commissioners. uux 0 C'/-t .C. 4 Z' I 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-1212 i®® ®® 1 ° ® 19a a v ® POLICE a9 ® ® ® ®®: ° ® P Q E F A R T M E N T "Community Partnership" TO: Chief Richard M. Stanley FROM: Lieut. Paul Gallagher RE: Possible Liquor Violation—New Beijing Restaurant DATE: April 11, 2011 On March 31, 2011 at 3:05am the North Andover Police arrested Mr. for operating under the influence of intoxicating liquor, second offense. Mr.law came to the attention of the department by operating his vehicle in the northbound lane, while traveling southbound, on Rt. 125. A marked cruiser, operated by Officer Kamal, had to pull into the soft shoulder to avoid a collision. Mr. WW is the owner's husband of the New Beijing Restaurant 1250 Osgood Street. On March 31, 2010 at 11:00am I contacted the management of the restaurant, Mr. Victor Ng. I explained the seriousness of this incident and the fact that Mr.Ows associated with the business. I requested interviews with the employees working that evening and video of Mr., per our approved security agreement. Detectives Daniel Cronin and Robert Barter were assigned the investigation of the possible liquor violation. They interviewed employees and did view the video. It appears M 110ft was intoxicated, was consuming alcohol and left the establishment at approximately 3:00am. Closing is 1:00am and Mr. JW is not part of the "clean-up crew"of the restaurant. The officers are filing reports and we are still attempting to get a download of the video. The New Beijing Restaurant has provided a flash drive but currently it is propriety to their foreign system. Possible violations are as follows; MGL Chapter 138 Section 69 "No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises" 204CMR 2.05 "No license shall permit any illegality to occur on the licensed premises. The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, illegality takes place in or around on a licensed premises" The licensee allowed a an intoxicated person to consume alcohol on the premises C138 S69 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-1212 -2- Officers will make themselves available to the Licensing Commissioners regarding this matter. The management had also agreed, in their security plan, to have a security system that records thirty days of video. During the investigation the recording time is approximately seventeen days. North Andover Police Department has provided the staff and management a TIPS certification program that does not appear to be adhered to. Attachments; Arrest Report Investigators reports y i* � r North Andover Police Department Incident Number:2011000006821 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000007271 (978) 683-3168 Print Date: March 31,2011 Incident Report Printed By: esalois Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 03/31/2011 3:13:OOAM Thurs 03/31/2011 3:05:OOAM —4 3131/2011 3:13:07AM Reported As Incident Type-Primary Arresting Officer 878AN8/MA MV Stop Patrolman Joseph Kamal Incident Address a g e rg aff435 Andover Street,North Andover,MA 01845 n �u Officer Salois 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# Operator millinow M N/A N/A N/A Address. Owner F N/A N/A N/A Address ................ ' Associated Businesses Summary Type Name Primary Phone# Secondary Phone# Involved QWEST (866)435 4872 N/A ............................ ..•....---••---•••-.......................••. - - - .866)435.48-.... --..........._.... Address.*** Officers Officer Title Officer Name Officer Type Division Patrolman Patrick F Beime Responding Officer Patrol Officers Sergeant Eugene H Salois Reporting Officer Patrol Officers Patrolman Joseph T Kamal Reporting Officer Patrol Officers Patrolman Joseph T Kamal Responding Officer Patrol Officers Patrolman Patrick M Noonan Responding Officer I Patrol Officers IBR/UCR Offenses Offense Number IBR Type Chapter Section Statute ID/I BR Type Description No Incident Offenses Recorded for Incident M 2011000006821 Arrest Offenses Seq# Chapter Section Name(Last,First,MI) Description of Offense 1 89 4A Marked LanesViolation 2 90 24 OUI Liquor,2nd Offense(41) Complaint Charges Seq# Chapter Section Name(Last,First,MI) Description of Offense No Complaint Offenses Recorded for Incident#:2011000006821 Vehicle Info Vehicle No. Vehicle Make Vehicle Model Vehicle Year VIN Primary Color Secondary Color Plate No. State 2008000003085 jToyoF. Camry 2008 Gray N/A 878AN8 MA Property No Property Info reported for Incident#:2011000006821 Incident Number:2011000006821 Page 1 of 4 PlFormSingle 1/10/11 North Andover Police Department Incident Number: 2011000006821 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number:2011000007271 (978) 683-3168 Print Date: March 31,2011 Incident Report Printed By: esalois Citations Citation No Code Date Status Statute Description R0436435 N/A 03/31/2011 03:13 Closed 89/4A Marked Lanes Violation R0436435 4 N/A 03/31/2011 03:13 Closed 90/24/K OUI Liquor,2nd Offense(41) Incident Number:2011000006821 Page 2 of 4 PlFormSingle 1/10/11 North Andover Police Department Incident Number:2011000006821 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000007271 (978) 683-3168 Print Date; March 31,2011 Incident Report Printed By: esalois Narratives for Incident Number 20110000068217 Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman Joseph Kemal Division:Patrol Officers Date&Time Narrative Descriotion Entered by Status Reviewed by Last Edit Date 03/31/2011 05:13 Patrolman Joseph Kemal Open 03/31/2011 1 Officer Kamal report the following: On the date of March 31,2011 1 was working patrol in a marked unit on the 12:OOAM to 08:00 AM shift. At approximately 03:05 hrs while patrolling the area of Chickering Road(Rt. 125 Northbound) near the facinity of the Farrwood Avenue Entrance. Approaching my direction Southbound I observed a motor vehicle entering my travel lane and heading directly at my patrol unit. In order to avoid the vehicle I had to pull my patrol unit sharply to the right shoulder. I activated my warning signals and proceeded to reverse direction in an attempt to stop the vehicle.As I approached the vehicle I observed it constantly cross the center double line into the opposite lane of travel. No other vehicles were in the travel lane at this time. The vehicle proceeded past a green signal at the intersection of Andover and Peters Street and was veering constantly between the center line and the shoulder.The vehicle was stopped on Rt.125 South past the entrance to Bertuccis. I approached the vehicle from the drivers side.I requested the operator roll down the window and upon doing so I detected a very strong odor of an alcoholic beverage emitting from the vehicle. I observed the operator to be the sole occupant of the vehicle. I requested a drivers license and registration from the operator. The license identified the operator a I informed Mr. the reason for the stop being his vehicle failing to remain within marked lanes. I observed Mr.116ft eyes to be watery and bloodshot. I inquired if he had consumed any alcoholic beverages before operating his vehicle. Mr.VW indicated he did not understand my conversation.I realized he spoke very little English being of Asian decent. I motioned with my hand the act drinking of which he stated "One beer Beijing." At this time I requested Mr.RWexit his vehicle.Upon exiting his vehicle I observed Mr.IlWaving difficulty maintaining balance and had to lean against the open door for support. Officer Patrick Beime arrived at this time of which I request he shut off the front signal mode and headlamps to both patrol units. While out of his vehicle I still detected a strong odor of an alcoholic beverage coming from his person. I instructed Mr.ift to the back of my patrol unit for field sobriety testing. The first test I demonstrated was the one legged stand. When Mr. attempted the test he could not maintain his right foort elevated for any length of time. He had to lean against my patrol unit for support. The second test I demonstrated was the nine step heel to toe.Again Mr,@W failed to maintain heel to toe and began the test before I could complete the demonstration.He walked in a staggered manner and on the second attempt almost lost total balance. The roadway was free of debris. There was a clearly marked white fog line near the right shoulder of the roadway. Due to his inability to maintain balance and the possibility of injury i discontinued further testing.Based on my observations I formed the conclusion that Mr.lftwas under the influence of liquor. He was placed under arrest and transported to our facility for processing. Officer Beirne remained with Mr.JMW vehicle for Coadys towing and performed a motor vehicle inventory. The vehicle Mr. Liang was operating was Mass.Reg: listed on a 2008 Toyota Camary sedan. Citation R0436435 was issued to Mr. 4JEWr OUI Liquor Second Offense,and Marked Lanes failure to stay within. Mr.MM was wearing a brown leather coat with a gray pull over shirt,t shirt,blue jeans and black work boots. Weather at the time of the incident was clear Communications Officer contacted Quest and was provided with Asian Interpreter Ms4ft explained through processing Officer Sgt.Salois all Miranda Rights and the processing procedures as well as the procedures regarding the taking of the Breathalyaer of which Mr.11111ift refused.Confirmation was made that Mr.11M understood all procedures Signature-Reporting Officer Signature-Reviewing Officer ................ ......-............ ...... ..... .--........ . .--.-......_--- ---- —----- --- ...- -- Incident Number:2011000006821 Page 3 of 4 PlFormSingle 1/10/11 North Andover Police Department Incident Number:2011000006821 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000007271 (978) 683-3168 Print Date: March 31,2011 Incident Report Printed By: esalois Narrative by: Sergeant Eugene Salois Division:Patrol Officers Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 03/31/2011 05:30 Booking Sergeant Eugene Salois Open 03131/2011 On the above date and time,this officer performed booking of QMMNIEWg,whom Off.Kama[had brought to the station under arrest for OUI Liquor and Marked Lanes Violation. Mr.do was unsteady on his feet as he stood in the booking room,and a strong scent of alcoholic beverage was emanating from his person. It became immediately apparent that we would require an interpreter in order to communicate with William. Communications Officer Cynthia Matos contacted Quest and was connected with C.O.Matos transferred the call to me and I soon had MOM on a speaker phone in the booking room speaking with Mr. o read verbatim to Mr.WaWas I read to her,all of the procedural rights. These include Mr. 's Miranda Rights,his right to the telephone,his right to a doctor and his right to the Breathalyzer test,which he refused. Mr.kOW stated through Ms.Wthat he had been working all day and night,for about 10 hours,at the Bei Jing Restaurant. Mr.GW became increasingly agitated as time went on. As Mr.4ilftspoke,while standing next to me,I could detect a very strong scent of alcoholic beverage coming from his person. Although I could not understand what he was saying,he was clearly slurring his speech as he spoke. Mr. WA refused to sign any paperwork,but did acknowledge all of his rights and questions aS they were told to him through the interpreter. Ms.4W was on the phone with us interpreting from approximately 3:45 a.m.until approximately 4:50 a.m. Copies of BATS paperwork place 4n Mr.d8W belongings along with citation. Signature-Reporting Officer Signature-Reviewing Officer ----- -- ------------- ----- -------- ----..----- ----- ---- - ---——- - ----- ........-------- ---... Incident Notes: Create User ID: Date&Time No Incident Notes Listed -F•- 4s q A Incident Number:2011000006821 Page 4 of 4 PlFormSingle 1/10/11 -North Andover Police Department Incident Number: 2011000007724 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000008229 (978) 683-3168 Print Date: April 11, 2011 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 03/31/201112:12:56PM Thurs 03/31/2011 12:12:56PM —� 3/31/2011 12:12:56PM Reported As Incident Type-Primary Arresting Officer Liquor Check Liquor Check Incident Address RPLReutfebanl�aul Gallagher 1250 Osgood Street, North Andover, MA 01845 !. Sector Stat.Area Sub Stat.Area CTract Landmark Business Name Incident Types-Other BEIJING RESTAURANT Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex I Home Phone#1 Cell Phone# Work Phone# Involved L ---- ------------- M N/A N/A N/A - ---- ---- Address: TU Involved M Address. ffw� -- - ---------------- --- Involved N/A--------------- ---------------------------------------------- --------- -------------------- - Involved F N/A N/A N/A ------------ - - ------- -------------------------- - ........ --------------------- Address: Associated Businesses Summary Type I Name Primary Phone# I Secondary Phone# No Associated Businesses reported for Incident M 2011000007724 Involved Officers Officer Title Officer Name Officer Type Division Lieutenant Paul J Gallagher Reporting Officer Criminal Investigations Division Lieutenant Paul J Gallagher Responding Officer Criminal Investigations Division Detective Daniel G Cronin Assisting Officer Criminal Investigations Division Detective Robert J Barter Assisting Officer Criminal Investigations Division IBR/LICR Offenses Offense Number I IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident M 2011000007724 Complaint Charges Seq# Chapter Section Name(Last,First, MI) Description of Offense No Complaint Offenses Recorded for Incident M 2011000007724 Vehicle Info Vehicle No. I Vehicle Makd Vehicle Model I Vehicle Year VIN Primary Color I Secondary Colorl Plate No. State No Vehicle Info Recorded for Incident M 2011000007724 Property INo Property Info reported for Incident M 2011000007724 Incident Number:2011000007724 Page 1 of 5 PIFormSingle 1/10/11 -North Andover Police Department Incident Number: 2011000007724 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000008229 (978) 683-3168 Print Date: April 11, 2011 Incident Report Printed By: pgallagh Citations Citation No Code Date Status F Statute I Description No Citations reported for Incident M 2011000007724 Incident Number:2011000007724 Page 2 of 5 PIFormSingle 1/10/11 Horth Andover Police Department Incident Number: 2011000007724 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000008229 (978) 683-3168 Print Date: April 11, 2011 Incident Report Printed By: pgallagh Narratives for Incident Number 2011000007724 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Lieutenant Paul Gallagher Division:Criminal Investigations Division Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 04/11/2011 09:39 Lieutenant Paul Gallagher Open 04/11/2011 On March 31, 2011 this officer was notified that the Beijing Restaurant owners husband, Mr.JAMN006mg, had been arrested earlier in the morning by Off. Kamal @ 3:05am. It appeared Mr.4jW was on the wrong side of the roadway and nearly struck the police cruiser. Mr. Kamals investigation revealed that Mr. appeared intoxicated and had been coming from the Beijing Restaurant 1250 Osgood Street. Due to the possible Liquor Violation against the Beijing Restaurant I contacted Victor Ng,the manager of the Beijing. Pursuant to our security agreement I requested the NAPD view the security footage from 11 pm-3am of the video cameras. Arrangements were then made for Detectives Barter/Cronin to view and get copies of said video @ 1630hrs 31 MAR11 (see officers report)from Beijing employeemligmillilliMM. Detectives did respond and observed video on monitor but that appeared to have Mr.dMMg consuming alcohol and leaving establishment at 3am. Mr. 41111swas unable to produce the digitals copy but stated Mr. Ng has the knowledge to do so. This officer made arrangements with Mr. Ng.to have detectives meet him on April 6, 2011 8:30pm for a flash drive copy of the requested media. Mr. Ng later emailed me and said it would be ready on April 7,2011 8:30pm and he will be there. Dets. Barter/Cronin and Off. Lanen went at 8:30pm, while working on an Underage Alcohol grant to retrieve the media. Mr. Ng was not present. Mr. 000attempted to make a copy but was unsuccessful.All the officers did observe the video on the monitor. On April 8,2011 Beijing Restaurant dropped a flashdrive off at NAPD. Due to the primary video system being foreign (Chinese)we are unable to open the drive as of date. Signature-Reporting Officer Signature-Reviewing Officer Narrative by: Detective Robert Barter Division:Criminal Investigations Division Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 04/11/2011 10:27 Bartender Interview Detective Robert Barter Open Lieutenant Paul 04/11/2011 Gallagher 4/7/11 2030 Hrs I Detective Robert J Barter report the following, On the above date and time I went to the Beijing Restaurant to meet with the bartender that was on duty the evening of Mr. 's arrest. Ms MmiNININ stated to me that she believed that Mr had been drinking throughout that evening but she had not served him. She believed that he was getting the alcohol from downstairs in the function area. She stated that at the end of the night when they had closed that Mriiii1lift appeared to be intoxicated. She stated that it was hard to tell with him because he doesn't speak much English but she could tell by his mannerisms. She stated that around 0230 she had finished cleaning up and that M was still ha n ing around inside the bar and didn't appear to be ready to leave. Ms stated the she and the DJ hung around waiting for Mr . Ms stated that just before 0300 Mr iWappeared to be getting ready to leave. She observed him to be unsteady on his feet while he was trying to put his jacket on. She stated that she and another employee tried to talk to Mr 1W and get him to stay in the building. Ms BandOW stated that eventually he left. I asked Ms f this type of behavior was normal from Mr itnig. Ms RdINUIPOstated to me that it is not unusual for Mr i9w to get intoxicated when he is at the restaurant. She stated that sometimes he has his son drive him home. She stated that Mr aft on occasion will come behind the bar and help himself to drinks. She stated that she feels it puts her in a bad position because he is one of the owners and she doesn't feel that she can tell him no. She stated that she believed on many occasions that MWIN11111giiectually sleeps in the building but is not sure where. a xs� Signature- Reporting Officer Signature-Reviewing Officer Incident Number:2011000007724 Page 3 of 5 PIFormSingle 1/10/11 North Andover Police Department Incident Number: 2011000007724 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000008229 (978) 683-3168 Print Date: April 11, 2011 Incident Report Printed By: pgallagh Narrative by: Detective Daniel Cronin Division:Criminal Investigations Division Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 04/11/2011 11:46 Supplement Detective Daniel Cronin Open Lieutenant Paul 04/11/2011 Gallagher 1. On Thursday 3/31/11 at approximately 4:30 p.m., Detective Robert Barter and Detective Daniel Cronin met with MMMNNW at the Beijing Restaurant 1250 Osgood Street, North Andover.4900 brought up the video footage from the surveillance cameras for the time frame prior to closing on 3/30/11. 2. After closing the owner, is observed walking around the bar area drinking from along neck beer bottle.There are three employees cleaning up the bar area as ~is drinking the beer.When the employees finish their duties,~is still drinking and the employees wait until is ready to leave the restaurant. 3. Just prior to 3:00 a.m.,011111111Mwalks to the front door, is very unsteady on his feet and has a difficult time putting on his coat. The employees make an attempt to stopolIP1111111111111110frorn leaving and are unsuccessful. 4. dlW related that the employees have a hard time communicating withdI1111111111111111110 because he does not speak English.Additionally because he is an owner thgy do not stop 9100from helping himself to the alcohol. related thatifJM would usually drink alcohol on Wednesday nights because his wife would not be at the restaurant.JIM will often drink whiskey and beer. It is believed that 610MMould sleep somewhere inside the restaurant when he was too intoxicated to drive himself home. Detective Daniel Cronin Signature- Reporting Officer Signature-Reviewing Officer Narrative by: Lieutenant Paul Gallagher Division: Criminal Investigations Division Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 04/11/2011 12:13 Supplement Detective Daniel Cronin Open Lieutenant Paul 04/11/2011 Gallagher 1. On Thursday 4/7/11 at approximately 8:40 p.m., Detective Robert Barter and Detective Daniel Cronin met with at the Beijing Restaurant. @91WW advised Detective Cronin that Victor NG was not available and he was not successful downloading the surveillance footage. related that he could not find the proper video player that supports the file type. 2. Detective Cronin asked to bring the video footage from the 31st. Officer Lanen then viewed the surveillance footage. It was also discovered that the surveillance system was only recording for a total of 17 days before being overwritten. 3. Detective Cronin adviseddg=W to download the video footage regardless of the player. 01OW agreed to bring the data file to the police station on Friday 4/8/11. Detective Daniel Cronin Signature-Reporting Officer Signature- Reviewing Officer ------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------- Incident Notes: Create aeate User ID: Date&Time No Incident Notes Listed Incident Number:2011000007724 Page 4 of 5 PlFormSingle 1/10/11 North Andover Police Department Incident Number: 2011000007724 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000008229 (978) 6183-3168 Print Date: April 11, 2011 Incident Repoft Printed By: pgallagh Incident Dispatcher Remarks: Create User ID: system Date&Time 04/11/2011 09:20:52 2011/03/31 12:12 Bonanno, Jonathan 554: 315 LT GALLAGHER INVESTIGATING A POSSIBLE LIQUOR VIOLATION. ------------------------------------------------------------------—---------------------------------------------------------------------------------------------------------------------- d, t fi Incident Number:2011000007724 Page 5 of 5 PIFormSingle 1/10/11 TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f "ORTF{ 'Tracy M. Watson,C{uairman William F.Gordon E° ; ;, Telephone(978)688-9500 Daniel F. L.anen * FAX (978)688-9557 Rosemary C. Smedile Donald H.Stewart CHUSkz I I 1, Were Jing Huang, Manager, Millermuirn Eatery, Inc. d.b.a., Beijing Restaurant, 1250 Osgood Street,North Andover, Massachusetts, hereby acknowledge that I have received the Notice of Hearing from the North Andover Licensing Commission scheduled for April 25, 2011 at 7:30 PM at Selectmen's Meeting Room, 120 Osgood Street,North Andover,MA 2"d Floor. Date Received 'Wen Jing Huang i Wi ess I I i Rees, Mark From: Stanley, Richard Bent: Thursday, April 21, 2011 12:39 PM To: Rees, Mark Subject: FW: Beijing Restaurant violation Tease are the r° :,r rE� siet to tE"3 f . i rn Froth: Gallagher, Paul Sent: Thursday, April 21, 2011 11:39 AM To: Barter, Robert; Kamal, Joseph; Cronin, Daniel Cc: Stanley, Richard Subject: Beijing Restaurant violation As of right now be prepared to present testimony/video of the Beijing Restaurant violation of March 31, 2011. The Licensing Commissioners request you be at their meeting on April 25,20117:30pm.The meeting is at the Selectmen's Meeting Room of Town Hall. will update you in the event the Beijing Restaurant files for another date. .&W, ;Dud P V4#49kPn Lieut. Paul J Gallagher Criminal Investigations/School Safety Division Commander North Andover Police Department 1475 Osgood Street North Andover,MA 01845 Tel# 978-683-3168 Fax# 978-687-0948 Please be advised that the Massachusetts Attorney General has determined this email is a public document In�n ilohB 11 �,nc Infy of �--"Mies ofll(e lm elryfr.wlhl(gc U mt most oimdh fo raid horn nmll;[wl gall co Dui d of(ir.,�As puhhc fr;r,cwl., I of �norf, n srrs e i�fi�r k� �o .� a_s6 dnr ou>r � ;irr,oa�4x_it irpf., ( Ip,a>u nm Gr u� Me r,iirfirrawnotl(hnfoi�s pmlkmn (1w,omrdl 1 F� TOWN OF NORTH ANDOVER LICENSING COMMISSION ALCOHOLIC BEVERAGES REGULATIONS %AORTII to h coc.eicHewick A°4ATEo PPP�,`�� SSC 5� ADOPTED NOVEMBER 9 shall also meet with the Technical Review Committee (TRC) prior to submission of an application and shall include the report of the TRC with the application. 4. The applicant must be present or have representation present at the public hearing, 5. If approved, the application shall be forwarded to the Alcoholic Beverages Control Commission for approval prior to the issuance of the license. 6. Approval of an application by the Local Board is only the first step in the approval process. The second step is approval by the Commonwealth of Massachusetts ABCC. If the ABCC approves, the final step is issuance of the license by the Local Board. Until and unless a license is issued the new owner may not take part in the operation of the premises and the old owner, if any, is still liable for the operation of the premises. After the initial local approval the application goes to the ABCC. The ABCC sends it to the Department of Revenue (DOR). If DOR determines one or more parties owe taxes they will notify the ABCC and the seller. The ABCC will also notify the buyer. The ABCC will not approve the license until DOR signs off. It is up to the parties, not the ABCC, to resolve tax questions. The ABCC will also have an investigator visit or telephone the applicant to ask certain information about the people involved and the financing. It is important that the parties respond promptly to investigators' inquiries. Therefore, applicants should know that there is a possibility that a license may not be issued. Operation without a license can be considered evidence of that applicant's unfitness for a license. It can also lead to revocation of the existing license and possible civil and criminal liability for both buyer and seller. 31. Scheduling of Public Hearings The Police Chief shall notify in writing the Town Manager of possible violations of these regulations or applicable state laws including, but not limited to: a. Operating Under the Influence of Liquor Arrests when an investigation indicates that the alcohol was consumed at a licensed establishment. b. Minors being served or sold alcoholic beverages. C. Disturbances or disorderly conduct reports on the licensed premises or adjacent properties and/or parking lots, d. Protective custody incidents taking place in or adjacent the premises. The investigation of these types of incidents shall address situations where the licensed establishment management acted properly by stopping a potentially hazardous driver from leaving the property. e. Non-adherence to the requirements of Section 17 of these regulations; "Employee Training." Upon receipt of a report of possible violation from the Police Chief, the Town Manager shall convene a meeting of the Chair of the Licensing Board, the Chair of the Board of Selectmen and the Town Manager at which time a determination will be made to schedule a public hearing on the alleged violation. The Licensing Commission shall not await the outcome of any separate court proceedings to schedule a hearing. Hearings shall be held in accordance with the provisions of applicable law. If at any hearing a licensee is charged with serving or selling alcoholic 7 beverages to a person under twenty-one years of age, written notice of said allegation shall be sent to the parents or guardians of such person pursuant to MGL, Chapter 138, Section 64. 32. Violations Penalties for violations of these regulations shall be imposed in accordance with the following guidelines, to be imposed after notice to the Licensee and hearing before the Board. First Offense: Written warning or 1 to 5 day suspension, at the discretion of the Board. Second Offense: (Within 60 months of first offense) 5 to 15 day suspension; revocation or modifications may also be imposed. Third & Subsequent Offenses: (Within 60 months of second offense) 15 to 30 day suspension; revocation or modifications may also be imposed. I The Licensee shall serve suspensions on consecutive business days beginning on the third Thursday following the imposition of penalties by the Board or.such dates to be determined by the Board. The following criteria may be considered by the Board in determining the penalty to be imposed: a. number of prior offenses, including ABCC adjudicated violations b. degree of inspection, etc. exhibited by Licensee C. severity and type of offense d. efforts to identify purchaser, if any, provided that acceptance of a non-permissible form of identification shall not be a mitigating factor e. appearance of purchaser in cases of illegal sales f. quality of evidence g. general reputation of Licensee h. the percentage of total revenue the licensee receives from the sale of alcoholic beverages. Section B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES 1. Food Service Required Licenses under M.G.L. Chapter 138, Section 12, otherwise known as restaurant liquor licenses, may be issued only to duly licensed common victuallers and innholders who have adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons, as required by Chapter 140 and for the hours of sale specified in Section B. 5. below. The regulations in this Section shall also apply to clubs, to the extent that they may be applicable. 8 Millennium Eatery, Inc. d/b/a Beiiing Restaurant Date of Offense Type of Offense Hearing Date Action by BOS 12/15/2006 1. Assault and battery with a dangerous weapon 8/20/2007 Not to make a finding of a violation; issued a letter of reprimand to 2. Sale to intoxicated person the license holder to be more vigilant in security measures,to hire 1/18/2007 3. Sale to intoxicated person an outside security firm within 45 days,to implement the plan within 45 days thereafter,and to report to the Commission upon the implementation of the security plan as to what measures were taken, and that this matter not be reported to the Alcoholic Beverages Control Commission as a violation. 9/30/2007 1. Assault and battery,assault and battery with a 2/25/2008 Finding a violation on first count. No finding on second count. dangerous weapon,and disorderly conduct. Issued a suspension of the alcohol license for three consecutive days. 2. Sale to intoxicated person. ABCC-Appeal Hearing 10/29/2008 ABCC-Upheld the decision by the Town. 12/18/2008 ABCC Investigation- 3/24/2009 ABCC-License suspended for 11 days of which 3 days held in abeyance Possesson of alcohol by person under 21 (3 counts) for a period of two years provided no father violations occur. '--�/ License holder paid ABCC$3,220.97 in compromise in lieu of suspension- 8 days suspension rescinded. 12/21/2009 Licensing Comm.-Determination to conduct liquor violation hearing. Granted the new management of the Beijing Restaurant time to a 111111`v become familiar with the operations of the establishment and to come back before the Board to present a plan on how they would 6� ensure future compliance with the Commission's rules,regulations, and state laws. " 1/25/2010 Licensing Comm. will send a letter to the management of the restaurant with specific deadlines for security compliance. If the restaurant management does not meet the deadlines and make the specific changes requested,their liquor license will be revoked and will be forced to close down. 7/16/2009 OUI-Last drink at Beijing-2 separate incidents F a violation violation for 2/6/10. Issued a suspension of the alcohol 8/13/2009 Sale to intoxicated person for 10 days. 2/6/2010 Sale to intoxicated person 2/6/2010 ABCC-Appeal Hearing -Upheld the decision of the Town. ined this was the second violation in two years and referred vestigative and Enforcement Div. of the Commission to ece whether to implement the 3 days suspension held in abeyance for the violation of 12/18/08. J 12/11/2009 OUI Last Drink-information from Atty. General's Office Person convicted of driving under influence. 12/18/2008 & ABCC Hearing- 5/24/2011 ABCC-To decide whether to implement the 3 days suspension 2/6/2010 Failure to comply with a Commission order and held in abeyance under the prior Commission decision dated 4/7/09. terms of suspension-MGL Ch. 138, S65. 10/18/2010 ABCC Hearing- 1/13/2011 ABCC-Tax payment plan. Failure to comply with the laws of the Commonwealth- Fair Share Contribution-MGL Ch. 136, S64. ABCC Status Hearing- 4/14/2011 ABCC-Reviewed tax payment status. Failure to comply with the laws of the Commonwealth- Fair Share Contribution-MGL Ch. 136, S64. 2 TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH H ',...... O ,�t t v a O Tracy M. Watson, Chairvman �? bt•. '^ o� o m Telephone(978)688-9500 William F.Gordon f- �+ Daniel P. Lanen FAX(978)688-9557 Rosemary C. Smedile �f,9 °Rnnn rr��gh Donald B. Stewart SSACHUSE April 15, 2011 Wen Jing Huang, Manager Millennium Eatery, Inc. d/b/a Beijing Eatery 1250 Osgood Street North Andover, MA 01845 Dear Ms. Huang, The North Andover Licensing Commission hereby notifies you of, and requests that you be present at, a public hearing to be held on Monday, April 25, 2011, at 7:30 PM at Town Hall, Selectmen's Meeting Room, 2°d Floor, 120 Main Street,North Andover, Massachusetts. The hearing is regarding possible violations ON March 30, 2011 and March 31, 2011 of MGL Chapter 138 Section 69 "No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises" and 204 CMR 2.05 "No licensee shall permit any illegality to occur on the licensed premises. The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, illegality takes place in or around on a licensed premises". At this hearing you have the right to have counsel present, may have witnesses testify on your behalf, and will be entitled to question witnesses. As a result of testimony to be given that night, the action of the Commissioners could result in a warning, suspension, revocation or modification of your license. Very truly yours, Tracy M. Watson, Chairman North Andover Licensing Commission Cc: North Andover Police Dept File PUBLIC III,�RLNG PROCEDURES FOR ALLEGED LIQUOR LICENSE VTOLATIt)N5 Only Board members,Town Counsel,and the lic;.nse holder(or his counsel)should be allowed to ask questions. \o auestiors or c�mznents from.tlie t�ublic slloiild be allowed. -� Chair announces that hearing is opened. Chair reads the notice sent to license holder. Chair redogrsizes investigating officer. Town Clerk gives'(lath. Chair recomizes other witnesses for Town and Clerk gives oath-. Town.Clerk gives oath to anyone testifying thereaft°r, Board may ask questions of witnesses. License holder(if present) is asked by Chair if he received the notice to appear at the hearing, License holder(if present)is asked by'(_hair if he will stipulate to facts as presented by the witnesses. It he agrees, then Chair may allow a statement made by license holder and Chair announces the hearing is closed. (Af<er the lie-arils+~is closed,you niav not take anymore testimony unless yo}-vote to re-open the hearing,) If he does not stipulate to facts, the license holder may present witnesses and cross-exa=ne Town's witnesses. (ilterrlatively, the Chair Inay allow cross examination Gf Town's Y,itnes5es at the time oft-hei1-direct testimony,). The Board may ask questions of the license holder's witnesses, After all testinony has been taken and questions for the Board answered, the Chaix amounces that hearing is closed. (After the hearing is closed. you may not twice anymore testimony unless you vote to re-open the hearill y' A motion should be made that la violation of the license did(or did lion occiar. The motion should indicate the nature and the dates(s) of the violation. After discussion by board;a vote is taken. 1-the n otlon dint a vmjaitit n;>cc led 4Eu-ii s. then a motion regarding SailLticii, should Ioilow. ° :�i'"ic1iT isT_1r11�t1i1C�5 Cliat it":alit_.�:,ot1lpletei3. ' LIC�nSe hc:tder 15 nCtl led lti t1 liii? 3i MICA Iw, ` /� TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 pORT#1 Tracy M. Watson, Chairman ,�?���"�� William F. Gordon ° ; Telephone(978)688-9500 Daniel P.Lanen * i FAX(978)688-9557 Rosemary C. Smedile Donald B. Stewart �SSACHUSE� May 3,2011 Delivered By Hand Wen Jing Huang,Manager Millennium Eatery,Inc. d/b/a Beijing Eatery 1250 Osgood Street North Andover,MA 01845 Dear Ms.Huang: i The North Andover Licensing Commission held a duly noticed hearing on May 2,2011. The License holder was represented by Attorney William Sullivan. The evidence was as follows: On the date of March 31,2011 North Andover Police Officer Joseph Kamal was working patrol in a marked unit on the 12:00 a.m,to 08:00 a.m, shift.At approximately 03:05 while patrolling the area of Chickering Road(Rt. 125 Northbound)near the vicinity of the Farrwood Avenue Entrance, he observed a motor vehicle entering his travel lane and heading directly at his patrol unit. In order to avoid the vehicle he had to pull his patrol unit sharply to the right shoulder. He activated warning signals and proceeded to reverse direction in an attempt to stop the vehicle. As he approached the vehicle he observed it constantly cross the center double line into the opposite lane of travel.No other vehicles were in the travel lane at this time. The vehicle proceeded past a green signal at the intersection of Andover and Peters Street and was veering constantly between the center line and the shoulder. The vehicle was stopped on Rt. 125 South past the entrance to Bertuccis. Office Kama]approached the vehicle from the driver's side and requested the operator roll down the window and upon doing so he detected a very strong odor of an alcoholic beverage emitting from the vehicle.He requested a driver's license and registration from the operator.The license identified the operator as Can Q.Liang. He informed Mr.Liang the reason for the stop being his vehicle failing to remain within marked lanes.He observed Mr.Liang's eyes to be watery and bloodshot. He inquired if he had consumed any alcoholic beverages before operating his vehicle. Mr.Liang indicated he did not understand his conversation. Officer Kamal realized he spoke very little English being of Asian descent. Officer Kamal motioned with his hand the act drinking of which Mr.Liang stated "One beer Beijing." At that time Officer Kamal requested Mr.Liang exit his vehicle.Upon exiting his vehicle he observed Mr.Liang having difficulty maintaining balance and had to lean against the open door for support. While out of the vehicle Officer Kama]still detected a strong odor of an alcoholic beverage coming from Mr.Liang.He instructed Mr. Liang to the back of the patrol unit for field sobriety testing. The first test he demonstrated was the one legged stand. When Mr.Liang attempted the test he i could not maintain his right foot elevated for any length of time. He had to lean against the patrol unit for support. The second test Officer Kama]demonstrated was the nine step heel to toe.Again Mr. Liang failed to maintain heel to toe and began the test before he could complete the demonstration.Mr.Liang walked in a staggered manner and on the second attempt almost lost total balance Based on Officer Kamal's observations he formed the conclusion that Mr.Liang was under the influence of liquor.He was placed under arrest and transported for processing. On Thursday 3/31/11 at approximately 4:30 p.m.,Detective Robert Barter and Detective Daniel Cronin met with Ben Chow at the Beijing Restaurant 1250 Osgood Street,North Andover. Mr. Chow brought up the video footage from the surveillance cameras for the time frame prior to closing. A copy of the video was played for the Licensing Commission. After 1:00 a.m. closing,Mr. Liang is observed walking around the bar area drinking from a long neck beer bottle.There are employees cleaning up the bar area as Mr.Liang is drinking the beer. When the employees finish their duties,Mr. Liang is still drinking and the employees wait until Mr. Liang is ready to leave the restaurant. Just prior to 3:00 a.m.,Mr.Liang walks to the front door, is very unsteady on his feet and has a difficult time putting on his coat. The employees make an attempt to stop Mr.Liang from leaving and are unsuccessful. Mr. Chow told Detective Cronin that the employees have a hard time communicating with Mr. Liang because he does not speak English,and that because he is an owner they do not stop Mr. Liang from helping himself to the alcohol. Mr. Liang is the husband of the owner. Mr. Liang worked in the kitchen and worked from 4:00 p.m.to approximately midnight on March 30. Attorney Sullivan called Christina Bonenfant as a witness. Ms.Bonenfant was a bartender on the night in question. She stated that at the end of the night when they had closed that Mr.Liang appeared to be intoxicated. She stated that if Mr. Liang asked her for a drink at that time she would not have served him because he appeared to be intoxicated. Just before 3:00 a.m. Mr. Liang appeared to be getting ready to leave. She observed him to be unsteady on his feet while he was trying to put his jacket on. She and another employee tried to talk to Mr. Liang and get him to stay in the building,but eventually he left. After the hearing was closed the Commission voted to find that there was a violation on March 30 and March 31,2011 as follows: M.G.L. Chapter 138, Section 69"No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises." 204 CMR 2.05"No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore,whether present or not." The licensee allowed an intoxicated person to consume alcohol on the premises,Chapter 138, Section 69. The licensee allowed an employee to consume an alcoholic beverage while on duty or after closing hour in violation of Section A(12)of the Licensing Commission Regulations. The Commission discussed the history of prior violations found by the Commission as well as by the Alcoholic Beverages Control Commission and then voted to revoke the license effective immediately. You have the right to file an appeal to the Alcoholic Beverages Control Commission within 5 days. Please note that M.G.L. Chapter 138, Section 67 states in part"Pending a decision on the appeal,the action of the local licensing authorities shall have the same force and effect as if the appeal had not been taken." Very truly yours, I Tracy M. Watson,Chairman North Andover Licensing Commission cc: North Andover Police Department Alcoholic Beverages Control Commission William R. Sullivan,Esq. i i i i I I i I i i I i Board of Selectmen Minutes September 20, 2010 3 Trauma Intervention Program of Merrimack Valley, Inc. The Board of Selectmen was asked to accept a donation provided by Scott Emerson of Wheelabrator of behalf of the Town of North Andover to the TIP Trauma Intervention Program for the amount of$10,000. Richard Nardella made a MOTION,seconded by William Gordon,to accept the donation from Scott Emerson of Wheelabrator of behalf of the Town of North Andover to the TIP Trauma Intervention Program for the amount of $10,000 and to send a letter to thanks to Scott Emerson for the generous donation. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION,seconded by William Gordon,to move into Licensing and to open the public hearing. Vote approved 5-0. Millennium Eatery,d/b/a Beijing Restaurant: Imposition of Penalty The Millennium Eatery has chosen not to appeal the decision of the ABCC upholding the Commission's decision to impose a 10-day suspension for violations of the Town's liquor rules and regulations. The Licensing Commissioners can choose dates that the penalty will be imposed. Notice to the licensee was hand delivered to the premises on September 16,2010,that this matter will be discussed at the Board of Selectmen's open session meeting on September 20, 2010. Mr.Victor Ng and Ms. Huang were present and apologized to the Board for their lack of knowledge and experience in the business and asked the Board to be lenient. The Board said that they would not impose the suspension for 10 consecutive days because that would be too much of a strain on the business and they did not want to put the restaurant out of business. On the dates of suspension the restaurant could still sell food but there would be no alcohol served on the selected days. Selectman Smedile suggested the following eight(8)dates for suspension Oct.30, Nov. 24, Nov. 26, Dec. 25, Dec. 31, 2010;Jan. 1, Feb. 14,and Mar. 17, 2011. Selectman Smedile asked the Licensee if they had other dates in mind. Mr. Ng asked if the Board would reconsider the suspension date of Dec.31, 2010. He stated that was the busiest night of the year and would hurt their business. After a discussion,the Board agreed to change the suspension date of Dec.31,2010 to another date and asked Mr. Ng and Ms Huang to give them some dates. Since they could not come up with definite dates,the Board imposed the following three(3)dates of Sept. 24, Oct. 1,and Oct. 15,2010. Rosemary Smedile made the MOTION,seconded by William Gordon,to impose a 10 day suspension of all alcoholic beverages at the Millennium Eatery, Inc. d/b/a Beijing Restaurant, 1250 Osgood Street in North Andover on the following specific dates of Sept. 24, Oct. 1,and Oct. 15, Oct.30, Nov. 24, Nov. 26, Dec.25,Jan. 1, Feb. 14, and Mar. 17, 2011. Vote approved 5-0. Richard Nardella made a MOTION,seconded by Rosemary Smedile,to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Note: Richard Nardella recused Audit Committee Report At the August 30, 2010 meeting the Board voted to take no action on accepting the Audit Report and tabled it for discussion as to how to proceed towards bringing this matter to a final resolution. Rosemary Smedile made a MOTION,seconded by William Gordon,to create an ad hoc committee consisting of Melinda Coppa, Robert Ercolini, Karin Rhoton,whose purpose it will be to review and comment on report entitled Board of Selectmen Minutes January 25, 2010 2 Note: Daniel Lanen recused CONSENT ITEMS: Donation to Police and Fire Department Schneider Electric Buildings Business has made a generous donation of$1,000 to the Police Department and $1,000 to the Fire Department. Rosemary Smedile made a MOTION, seconded by William Gordon, to accept donations from Schneider Electric Building Business to the Fire Department and to the Police Department to be spent at the discretion of the Fire Chief and the Police Chief, respectively, in support of their departments and to instruct the Town Manager to send a letter expressing the Board's appreciation for these generous donations. Vote approved 4-0. Note: Daniel Lanen returned Donation of Van from Merrimack College Merrimack College has offered to donate a 1992 Chevrolet P2 handicapped accessible van. The van will be used jointly by the Senior Center and the Youth Center. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to accept the donation by Merrimack College of a 1992 Chevrolet P2 handicapped accessible van and to instruct the Town Manager to send a letter expressing the Board's appreciation for this generous donation. Vote approved 5-0. LICENSING: Richard Nardella made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. License Compliance Issues: Millennium Eatery, Inc. d/b/a Beiiing Restaurant At the Commission's December 21, 2009 meeting the Board granted the new management of the Beijing Restaurant time to become familiar with the operations of the establishment and to come back before the Board to present a plan on how they would ensure future compliance with the Commission's rules, regulations and state laws. A security inspection was administered by Lieutenant Paul Gallagher the morning of January 25, 2010. When he arrived there was no manager on duty, a hostess was able to show him the video camera and the intellicheck machine. Mr. Victor Ng, Manager of Operations, who works part-time on weekends, informed the Board that the restaurant had a staff meeting on January 19, 2010 to discuss the security plan in place at the establishment. This document was presented to the Board. Ms. Wen Jing Huang is the owner and manager on record and she stated that she only works at the restaurant about 30 hours a week because she owns another business in Boston. They stated that bartenders manage the restaurant when they are not present. Licensing Chairman Richard Nardella said he was disappointed that Mr. Ng did not contact the Police Department and try to work with and comply with all the proposed security systems that needed to be updated as requested by the Board. They had a month to get their act together and failed to properly get everything in place with a well planned security system. Nardella also said that according to the Licensing Rules and Regulations that the restaurant has to have a full-time manager on duty at all times. All employees must be TIP certified and be up-to-date every three years. Selectman Lanen suggested that the restaurant hire a full-time manager or a professional consultant to help them. In order to keep their liquor license things needed to change for the better dramatically and they would need to contact their attorney. Licensing Chairman Nardella and the Town Manager will work together drafting a letter to the management of the restaurant with specific deadlines for security compliance. If the restaurant management does not meet the deadlines and make the specific changes requested, their liquor license will be revoked and will be forced to close down. Board of Selectmen Minutes December 21, 2009 13 Various Types, Cable TV, Widescreen TV, Instrumental Music Dancing by Patrons, Vocal Music Crumpets Tea Room 56 Water Street Piped in Music Burger King 188 Turnpike Street Piped in Music LaserCraze 1600 Osgood Street Piped in Music Brigham's 350 Winthrop Avenue Amplifiers Stachey's Pizza 21 High Street Jukebox, Cable TV, WideScreen TV Quic Pic 535 Chickering Road Roadio - Cable TV 150 Stevens Estate 723 Osgood Street Laura Gifford Amplifiers, Vocal Music, Instrumental Music, Dancing by Patrons OLD BUSINESS: Determination to conduct liquor violation hearing Millennium Eatery, Inc. d/b/a Beiiing Restaurant There have been three incidents of alleged over serving of patrons at the Beijing Restaurant in violation of the Commissioners Rules and Regulations. The Board was requested, based on the contents of police reports whether to conduct a liquor violation hearing. Mr. Victor Ng, a new manager that has been with the restaurant for only three weeks spoke for the owners of the Beijing Restaurant. Richard Nardella said that since Mr. Ng had only been with the restaurant for a short time, the Commissioners would allow him more time to familiarize himself with the security plan, surveillance and ways to improve securing a safe environment by not over serving patrons for their own safety and the safety of all Town residents. The Commissioners said if there are any more infractions during the holidays there would be severe consequences and a possible loss of license. Selectman Nardella requested that Mr. Ng and the restaurant owners return on January 25, 2010. The Board would then determine whether to conduct a liquor violation hearing. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of Licensing. Vote approved 5- 0. NEW BUSINESS: FYI 1-15 General Fund Capital Improvement Plan The Town Manager presented the Capital Improvement Plan FY2011-2015 (CIP) for the General Fund for the Board's consideration. The Town Manager recommended eleven projects totaling $2,986,000. Board of Selectmen Minutes February 25, 2008 3 Liquor Rules and Regulations Violation Hearing: Millennium Eatery Inc. Beijing Restaurant Licensing Chairman Mark Caggiano gave the ground rules for Public Hearing procedures for Alleged Liquor License Violations. Attorney Albert Manzi III requested that the witnesses be sequester during their testimonies. This would mean that each Police Officer would testify separately and the other officers would leave the room. The Board granted this request. Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Public Hearing. Vote approved 5-0. Chairman Caggiano read the notice of Possible Violations, dated January 11, 2008, sent to the license holder Wen Jing Huang, Millennium Eatery, Inc Beijing Restaurant, 1250 Osgood Street, North Andover, MA 01845, violations: 1. " 204CMR 2.05 (2)—"No licensee shall permit any illegality to occur on the licensed premises. The Licensee is responsible, whether present of not, for ensuring that no disorder, disturbance or illegality takes place in or on the licensed premises,"to wit: M.G.L. c. 265, §§13A& 15B and c.272, §53— respectively, Assault and Battery, Assault and Battery with a dangerous weapon, and Disorderly Conduct. that occurred on September 30, 2007 at 12:16 a.m. 2. "M.G.L. Chapter 138, § 69—"No alcoholic beverages shall be sold or delivered on any premises licensed under this chapter to an intoxicated person." Licensing Chairman recognized the first witness Sgt. Diane Heffernan and the Town Clerk administered the Oath. Sgt. Diane Heffernan gave testimony of the events on the evening of September 30, 2007, that a full shift responded to the scene including Officers Reid, Barter, Faye, Sewade and Sgt. Heffernan. Officer Reid updated her on the situation in the parking lot of the establishment. Sgt. Heffernan tried to enter the establishment and the door was locked. The former owner David Yue let her in. Sgt. Heffernan asked David Yue and the manager and the bartender what happened. They said that an argument broke out and several people began pushing and shoving each other, and all involved were escorted outside. The bouncer was not present at the time of the incident because he had left the establishment early. The bartender could not remember how many drinks he served the assailants, but said they were not drunk. The bartender called 911 and reported the incident and then called back later asking for an ambulance. Sgt. Heffernan returned to the Police Station booking the two assailants, who in her opinion were extremely intoxicated. Attorney Manzi asked several questions regarding her testimony and whether a Breathalyzer test had been administered. Sgt. Heffernan said they were being arrested because of the assault and battery, not OUI, and there was no need to give a Breathalyzer test. Her personal observation of the assailant was that he extremely intoxicated because he was unsteady of his feet, glassy eyed, slurred speech, bloodshot eyes and with strong smell of alcohol on his breath. Licensing Chairman recognized the second witness Officer Brian Faye and the Town Clerk administered the Oath. Officer Brian Faye gave testimony that when he arrived on the scene, Officer Reid, Barter and Sewade were spread out over the entire parking lot attempting to assess and to gain control of the situation. The front and side parking lot were filled with bar patrons in a mass state of confusion. Officer Reid was assisting an EMT with an unconscious, bleeding male subject on the ground. Victims and witnesses stated that two men repeatedly kicked a man in the head, face and chest. Several witnesses pointed out the two men that were the assailants and indicated other victims as well. These assailants were sitting in the back seat of a vehicle. He ordered these men and the driver to exit the vehicle. These men were unstable on their feet, had red glassy eyes and had a strong odor of alcoholic beverages from their Board of Selectmen Minutes February 25, 2008 4 persons. These two men were charged with assault and battery with a dangerous weapon (shod foot) and disorderly conduct. Attorney Manzi asked several questions regarding his testimony and whether a Breathalyzer test had been administered. Officer Faye said that usually a Breathalyzer test is administered to a person driving a motor vehicle under the influence of alcohol. The driver did not appear intoxicated, but the two men in the back seat were intoxicated. The Board also asked Officer Faye other questions concerning his testimony. Licensing Chairman recognized the third witness Officer Robert Barter and the Town Clerk administered the Oath. Officer Robert Barter gave testimony that when he arrived on the scene; Officer Reid was taking care of an unconscious male on the ground. Several witnesses pointed out the two men that started the trouble. He did not have much interaction with the men and his main concern was to handle crowd control with Officer Sewade and to keep peace in the parking lot so that no one else got hurt. He did not see any restaurant staff in the parking lot at that time. Attorney Manzi asked several questions regarding his testimony and whether a Breathalyzer test had been administered and whether the assailants were arrested for intoxication or Assault and Battery. Officer Barter said that he did not have any interaction with the men but he knew that they were being charged with Assault and Battery. The Licensing Chairman asked the License Holder and her Attorney if they had any further testimony, submissions or questions. Attorney Manzi gave the Board a copy of a letter addressed to the Licensing Chairman, dated February 25, 2008 that stated based on the information presented to date, including information contained within the police reports for the incident that occurred on or about September 30,2007, it was the position of the License Holder that the facts of the alleged incident did not rise to the level of the charges. In closing Attorney Manzi said that the Board should not find that an illegality took place on the part of the License Holder and that the charges against the License Holders be dismissed with prejudice and without penalty. Rosemary Smedile asked if she could ask the License Holder questions. Attorney Manzi said that he could answer any questions on behalf of his client because of a language barrier and other reasons. After some discussion with the Chairman, Atty. Manzi indicated that his client would plead her Fifth Amendment rights to avoid possibly incriminating statements that could be used for criminal prosecution. The Chairman advised the Board members that this invocation of the Fifth Amendment could not be considered as evidence of guilt or as an admission. Attorney Manzi said that this establishment is under a new owner/management and there were five staff members present and they acted very appropriately at the time the altercation occurred and the patrons were ushered out of the building. This was a domestic related issue and the License Holder was not at fault and should not be held accountable. Rosemary Smedile asked what Mr. David Yue's role is at the restaurant. Was he still part owner or in management? Attorney Manzi said that he did not know Mr. Yue's relationship with the new owner, but he was working and helping out with the transition. James Xenakis made a MOTION, seconded by Thomas Licciardello, to close the Public Hearing. Vote approved 5-0. Board of Selectmen Minutes February 25, 2008 5 Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, finding a violation of the License as stated on the first count, 204CMR 2.05 (2)-"No license for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. To wit: MGLA 265 sec 13A Assault and Battery with a Dangerous Weapon; has occurred on September 30, 2007. Vote approved 3-2. James Xenakis and Daniel Lanen opposed. The Board had a discussion regarding the incident. Board members said that knowing most problems at the establishment happen in the latter part of the evening, it is inexcusable for not having a bouncer present during those hours. The staff should have stopped the altercation inside the restaurant rather than usher everyone outside and then lock the doors of the establishment with no employees outside to control the situation. Rosemary Smedile made a MOTION, seconded Thomas Licciardello, finding a violation of the License as stated on the second count, MGLA 138 Sec 69—No alcoholic beverage shall be sold or delivered on any premises licensed under this chapter to an intoxicated person. Vote failed 1-4. Mark Caggiano, Thomas Licciardello, James Xenakis and Daniel Lanen opposed. The opposing members stated that there was not enough evidence to show that these men were served while intoxicated. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, that a five-day suspension would be imposed on the first count of MGLS 265 sec 13A Assault and Battery with a Dangerous Weapon. No vote taken. Thomas Licciardello AMENDED the MOTION that a three-day suspension would be imposed on the first count of MGLS 265 sec 13A Assault and Battery with a Dangerous Weapon. No vote taken. James Xenakis suggested that since most of these incidents happen around the midnight hour, the Board could close the bar an hour earlier for a determined period of time. Thomas Licciardello said that this is a creative approach but would like to close the bar two-hours earlier for a determined period of time. Attorney Manzi could not make that decision that night with his client, but would like to negotiate a voluntarily reversal of the finding of the violation and then work out a reduction of hours with the Chair. Licensing Chairman said that in order for us to move on, the License Holder had to waive any kind of procedural issues arising from the delay of imposing the penalty that night and for entering into negotiations over an hour reduction. There could be an appeal clock ticking with a finding but no determination of penalty, so it would make matters unclear. James Xenakis made a MOTION, that the Licensing Commission directs the Chairman to communicate with Millennium Eatery, Inc. for the purpose of negotiating abbreviated hours of operation for the selling of alcoholic beverages as a voluntarily suspension. Vote failed for lack of second. James Xenakis made a MOTION, seconded by Thomas Licciardello, to TABLE the discussion of the sanction relative to the finding until the next scheduled meeting. No vote taken. Mark Caggiano said in order to move forward with this, he requested the License Holder to reserve rights to appeal the finding of the violation, but to waive any procedural issues that will happen as a result of this two-week delay. Otherwise the Board would proceed with imposing a penalty. Attorney Manzi said the only concern was that he would like the Board to reverse the finding. At that point, Chairman Caggiano passed the gavel to Thomas Licciardello and made a MOTION. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, that there be a suspension for three consecutive days with the contingency of a discussion directly with the License Holder and her Attorney for purposes of changing the three-day suspension to a reduction in operating hours on a voluntarily basis. Vote approved 3-2. James Xenakis and Daniel Lanen opposed. Board of Selectmen Minutes February 25, 2008 6 Thomas Licciardello insisted that the Attorney take this deal or he would impose a five-day suspension tonight. James Xenakis suggested that Thomas Licciardello could be part of the negotiation process. James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Old Center Improvement Projects Update TABLED until the next schedule meeting. Vote to Place Articles on the May 12, 2008 Annual Town Meeting Warrant The Town Manager asked the Board to vote on placing various articles on the Draft Annual Town Meeting Warrant. The Board is not voting to support, or not support, these articles at this time, only to place them on the Warrant. The Town Manager said that additional articles (N1 through N5) have been added for the restoration of the Bradstreet School as a police station; (LL) has been added to allow for the consolidation of school/municipal functions and (MM) has been included to provide for an option of acquiring the former Merrimack Valley Federal Credit Union building for use as a police station. Articles (N6-N7) relating to the proposed pre school building were added. A spreadsheet prepared by the Assessors shows that adopting certain state laws relating to the property relief for Senior Citizens could be very costly to the town and, as such, it is recommended that article (Z) not be brought forward at this town meeting. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to place the Articles presented to be placed on the draft warrant excluding Article Z. Vote approved 5-0 NEW BUSINESS: Prescribed Fire Plan for Weir Hill, The Trustees of Reservations The Trustees of Reservations, in partnership with the North Andover Fire Department, came before the Board to request permission and approval of implementing a Prescribed Fire Plan at Weir Hill Reservation in North Andover. Over the course of 2-3 days between March 10th and May 9th, a controlled burn of 10- 15 acres of Weir Hill for the purposes of: Protecting and promoting habitat for rare species; improving public and firefighter safety by reducing fuel loads; and providing training opportunities for North Andover Fire Fighters. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to endorse the prescribed fire plan and write a letter of endorsement to the Trustees of Reservations. Vote approved 5-0. Request for No Parking on Old Clark Road Lt. John Carney of the North Andover Police Department recommended that due to the width and structure of Old Clark Road, when cars are parked on the roadway it inhibits the ability of the trucking company to get in or out of their property with their large vehicles. Therefore, this road will be designated as a no parking zone and the area posted on both sides of the street. This decision will not negatively impact any person or business. Mr. Napoli of Napoli Trucking Company said that the street sign is posted as Old Clark Street and should be changed to say Old Clark Road. There are two streets in town with the same name and this makes deliveries difficult. Selectmen said that the Town Manager would inform the DPW to change the sign to say Old Clark Road or the name of the road could be changed entirely in the future to avoid confusion. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the No Parking signs on both sides of the road as recommended by the Police Department. Vote approved 5-0. Review of Police Reports Licensing Chairman Caggiano informed the Licensing Commissioners that he has received Police Department incident reports that took place recently at three licensed liquor establishments in town. The Board was asked to decide what action, if any, to take in regards to these incidents. An incident report about a disturbance at the China Blossom Restaurant on July 28, 2007 Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to have a Formal Hearing regarding this incident 30 days from today. Vote approved 5-0. Note: James Xenakis recused. An incident report relating to a liquor violation at Richdale Store at 75 Chickering Road on July 18, 2007 Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to have a Formal Hearing regarding this incident 30 days from today. Vote approved 4-0. An incident report relating to a liquor violation at Main Street Liquors at 60 Main Street on August 3, 2007 Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to have a Police Officer to review the tape and schedule a Formal Hearing regarding this incident 30 days from today. Vote approved 4-0. LICENSING PUBLIC HEARING: Liquor License Violation Hearing: Beijing Restaurant/Millennium Eatery, Inc. Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Public Hearing. Vote approved 4-0. The Licensing Chairman called the hearing to order and read the notice of the hearing for the December 15, 2006 incident. The Chairman announced that, with the consent of the license holder, this is also a hearing for the January 18, 2007 incident. The Chair read the incident reports for December 15, 2006 and January 18, 2007. Wen Jing Huang, Manager of the Millennium Eatery, Inc. Beijing Restaurant, 1250 Osgood Street, said that she was very sorry about the incident and would do more security in the future. The Board asked questions regarding the incidents and that this was a serious occurrence and what the management would do to prevent future incidents from happening. Attorney Albert Manzi, III represented the establishment and said that the owner would engage a new security system and hire outside security help. James Xenakis made a MOTION, seconded by Thomas Licciardello to close the Public Hearing. Vote approved 4-0. Decision James Xenakis made a MOTION, seconded by Thomas Licciardello, that a violation occurred and a warning be issued in a letter of reprimand to the license holder to be more vigilant in security measures and that the license holder hire an outside security firm within 45 days and that the license holder implement the plan within 45 days thereafter, and that the license holder report to the Commission upon the implementation of the security plan as to what measures were taken, and that this matter not be reported to the Alcoholic Beverage Control Commission as a violation. Vote approved 3-1-0. Rosemary Smedile opposed. Licensing Chairman Caggiano said that he has been working with Town Counsel Thomas Urbelis and the Town Clerk's office to update the policy and guidelines for Licensing Violation Procedures. This policy would be presented to the Board at a future meeting. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 4-0. Note: Daniel Lanen returned. Finance Committee report delay 5/2/2011 WHAT HAPPENED? The Finance Committee Report to Town Meeting was due 21 days prior to Town Meeting. It was submitted on May 1St to the Town clerk. The BOS is very prudently though regrettably deciding at the advice of Town Counsel to delay Town Meeting to allow our citizens ample time to review the Finance Committee Report. WHY DID IT HAPPEN? When the charter changed allowing us to electronically publish the Warrant which traditionally includes the Finance Committee Report, I did not realize that the Warrant deadline was no longer my Committee's report deadline. My Committee's deadline is now earlier. The buck stops with me. This was my miss and I hope that the Finance Committee, the town Boards and Town Meeting will accept my apology for causing this delay. WHAT ARE WE DOING ABOUT IT? The prudent course of action is to delay Town meeting to come back into compliance with the report deadline. The Finance Committee will use this additional time to refine our analyses and watch for changes to state aid and other revenue sources. WHAT ARE WE DOING TO PREVENT IT FROM HAPPENING AGAIN? I will work with the Town Clerk's office to put in place a robust process to monitor this and other deadlines ask that they provide additional help to the Finance Committee to ensure that this never happens again. I would like to personally and sincerely thank the concerned citizen who brought this to the Town Moderator's attention. All kinds of worse things could have happened if this person had kept their concern to themselves until Town Meeting. I, ! if. i 3 Ys- s -7 ) 000 . ©o 00 0 �i ©or I�f t O-P V ,1 a q i ' � I �{i Prioritized Reductions to Meet Town Manager's FY12 Recommended Budget for Schools Adjusted April 25,2011 For Consensus Budget School Committee Budget $ 38,313,594 School Committee Budget* Description FTE Reduction Amount Running Total Impact Impact Speaker Level l Reductions 1.1 Special Education Circuit Breaker $ 300,000 $ 38,013,594 State announces increased funding Joyce Laundre 1.2 Operations Copiers $ 50,000 $ 37,963,594 Savings in new copier contract Jim Mealey 1.3 Operations Transportation $ 50,000 $ 37,913,594 Move one bus to revolving fund Jim Mealey 1.4 Admin/Instructional Leadership Grant Eligible Expenses $ 25,000 $ 37,888,594 Move partial admin salary to grant Kevin Hutchinson 1.5 Special Education Grant Eligible Expenses $ 30,000 $ 37,858,594 Move support position to grant Joyce Laundre 1.6 Critical Needs Reductions Elementary Library Assistant 1.0 $ 24,000 $ 37,834,594 Reduce elem library proposal to 1 staff Christopher Hottel 1.7 Critical Needs Reductions HS Security $ 15,000 $ 37,819,594 Fund security this year Carla Scuzzarella Sub-Total $ 494,000 Level 2 Reductions 2.1 Instructional Materials SPED Materials and Supplies $ 18,000 $ 37,801,594 Reduce curriculum materials Joyce laundre 2.2 Operations Utilities and Maintenance $ 135,000 $ 37,666,594 Anticipated cost reductions Jim Mealey 2.3 Instructional Materials Curriculum Supplies/Texts $ 75,000 $ 37,591,594 Reduce textbooks and materials Kevin Hutchinson 2.4 Operations Athletics $ 15,000 $ 37,576,594 Defer uniform replacements Jon Longley 2.5 Instructional Materials School Allocations-High School $ 150,000 $ 37,426,594 Reduce textbooks and materials Carla Scuzzarella 2.6 Instructional Materials School Allocations-Elementary $ 35,000 $ 37,391,594 Reduce textbooks and materials Greg Landry&Gregg Gilligan Sub-Total $ 428,000 Level 3 Reductions 8.1 Critical ns ? ?: ss_ v. JS e.`v' gds 000 37:3_71S94 TIP vi. R staff Joan McQuade&Joyce Laundre x.21 C [t.a:l Needs Reductions vEc Esc } � �=c�,'�''L Vii;000 � .��_,��� Red?iC ``rerc>y....ev"'cntion Kevin Hutchinson 33.i s:ru.tiona Staff SPED OT 0,6 }` 3_71,231,594 A=i 4 cOntracted services Joyce Laundre Reduce teaching staff and reucnfigure 3. onal Staii - figh School Teaching o pion; `�� 108 S i 5 hea- teaching -� sl7,i- ,° aas _n. _t_ a Carla Scuzzarella 3.:5 hnstruct onal Staff SPED Positions-Inclusion e char 8,_000 2.594 sion caseload,3 o-, 1-8 to_ Joyce Laundre A SIP. inst€ io-p3 - shi SPED P^sit[. # 8 1,000 3 7€4 s 94 ec n fi arm L adm.Wst at'on Joyce Laundre Sub-Total $ 380,000 Level4 Reductions 08, 36. 3, ss n ease' a r. 8 to 20 Joyce Laundre High Schoo'Teachlng Positions 1.0 S 5 4,0 0. 5 36,849,594 Reduce 1,0 science_eadhe° Carla Scuzzarella $ 162,000 Restored by Consensus Budget 4.2 Instructional Staff High School Teaching Positions 1.0 $ 54,000 $ 36,795,594 Restore 1.0 math teacher reduction Carla Scuzzarella 4.3 Instructional Staff Elementary Positions 3.0 $ 162,000 $ 36,633,594 Restore 3.0 Elem teacher reduction Greg Landry&Gregg Gilligan Total Reductions $ 1,464,000 $ 36,847,861 FY12 Consensus Budget $ 36,633,578 Town Manager's Budget *Voted budget of$38,062,594 plus$251,000 included in health insurance savings calculation by Town Manager 4/28/2011 Board of Selectmen Recommened FY12 General Fund Budget Decrease in Increase in Rev. Rev.or Town Mgr.Rec. or Decrease in Increase in Line Item Budget Expenses Expenses Revised Budget Revenue, Local Receipts,Ambulance Fees @120%of Medicare $ 790,000 $ 175,000 $ 965,000 Non Dept/Fixed Costs,State Assessments, Retired Teachers Health Ins. $ 1,538,062 $ 132,545 $ 1,405,517 Greater Lawrence Technical School $ 275,000 $ 31,406 $ 243,594 OPED Reserves $ 92,000 $ 92,000 $ - 27 Payroll Reserve $ 50,000 $ 50,000 $ - Unemployment $ 237,400 $ 37,400 $ 200,000 Health Insurance-Adj to Retiree Contributions and Adj.for 15 net enrollees $ 9,974,071 $ 150,000 $ 337,000 $ 10,161,071 Police Career Incentive $ 16,992 $ 16,992 $ - Charter Tuition Assessment Reimbursement $ 9,180 $ 2,630 $ 6,550 Total $ 668,351 $ 356,622 Net Change $ 311,729 School Allocation 68.74% 214,283 Municipal Allocation 31.26% 97,448 Transfer from Youth Services Revolving Account $ 151,354 $ 40,000 $ 111,354 Snow and Ice $ 775,000 $ 22,552 $ 752,448 Youth Services $ 203,197 $ 40,000 $ 243,197 Elder Serices $ 202,863 $ 40,000 $ 242,863 Library $ 788,357 $ 40,000 $ 828,357 Public Works-Streets and Sidewalks $ 731,266 $ 40,000 $ 771,266 $ 160,000 $ 160,000 4/26/20114:36 PMBoard of Selectmen Recommened FY12 GF Budget.xlsPossible Changes Article 18: General fund Appropriation Fiscal Year 2012 To see if the Town will vote to raise and appropriate, transfer available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; or to take any other action relative thereto. FINANCE COMMITTEE/ BOARD OF SELECTMEN/ FY12 BUDGET TOWN MANAGER FYI DEPT RECOMMEND RECAP REQUEST FY12 Changes GENERAL GOVERNMENT 2,212,769 2,270,384 2,182,398 -87,986 PUBLIC SAFETY 8,923,401 9,529,511 8,797,365 -732,146 EDUCATION 36,984,521 38,313,984 36,847,861 -1,466,123 SNOW AND ICE REMOVAL 740,086 740,086 752,448 12,362 PUBLIC WORKS 3,170,216 3,336,815 3,253,967 -82,848 HEALTH &HUMAN SERVICES 942,151 1,014,068 982,289 -31,779 CULTURE&RECREATION 827,510 875,607 828,357 -47,250 SUPPORT SERVICES 993,193 1,284,691 1,197,063 -87,628 DEBT SERVICE 6,912,660 7,217,436 7,217,436 0 EMPLOYEE BENEFITS 12,304,378 14,651,850 14,288,490 -363,360 LIABILITY INSURANCE 293,688 301,030 301,030 0 CAPITAL& RESERVES 625,457 142,000 - -142,000 FINANCE COMMITTEE RESERVE - - - 0 GREATER LAW TECH SCHOOL 362,832 511,158 243,954 -267,204 SCHOOL BUILDING COMMITTEE 900 900 900 - Total Town Meeting Appropriation 75,293,762 80,189,520 76,893,558 (3,295,962) AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE -GLSD $ 134,526 FROM SPECIAL REVENUE -COMM PROG $ 65,700 FROM SPECIAL REVENUE -YOUTH SERVICES $ 40,000 $ 240,226 TOWN OF NORTH ANDOVER FISCAL YEAR 2012 FINANCE PLAN FY12 RFCC Recommended %chg.FYI $chg.FY12 FY11 Budget Revenue&FY12 Dept FY12 Town Mgr FY12 Board of Recap to FY12 TM Recm'd to (Per Recap) Requested Budgets Recomm'd Selectmen Recm'd BOS FY12 BOS Revenues&Other Financing Sources Operating Revenues Property Taxes $ 58,574,724 $ 60,412,942 $ 60,412,942 $ 60,412,942 3.14% - Local Receipts $ 8,215,833 $ 8,300,663 $ 8,320,663 $ 8,495,663 3.41% 175,000 State Aid $ 8,700,845 $ 7,871,974 $ 8,562,996 $ 8,543,374 -1.81% (19,622) Operating Transfers $ 1,322,517 $ 1,423,962 $ 1,423,962 $ 1,463,962 10.70% 40,000 Total Operating Revenues $ 76,813,919 $ 78,009,541 $ 78,720,563 $ 78,915,941 2.74% 195,378 Other Fin.Sources Free Cash 690,952 0 $ - $ - Overlay Surplus 0 0 $ - $ - Others one time revenues 173,676 127,500 $ 127,500 $ 127,500 -26.59% - Total Opr.Rev.&Fin Sources 77,678,547 78,137,041 $ 78,848,063 $ 79,043,441 1.76% 195,378 Non-Departmental/Fixed Costs Debt Service 6,912,660 7,217,436 $ 7,217,436 $ 7,217,436 4.41% - Retirement Assessment 2,803,785 3,002,779 $ 3,002,779 $ 3,002,779 7.10% - Workers Compensation 228,626 250,000 $ 250,000 $ 250,000 9.35% - Unemployement Compensation 200,000 200,000 $ 237,400 $ 200,000 0.00% (37,400) Group Insurance 8,396,967 10,524,071 $ 9,974,071 $ 10,161,071 21.01% 187,000 Payroll Taxes 600,000 600,000 $ 600,000 $ 600,000 0.00% - Police and Fire Acc. Insurance 75,000 75,000 $ 75,000 $ 75,000 0.00% - Property and Liability Ins. 293,688 301,030 $ 301,030 $ 301,030 2.50% - State Assessments 2,068,403 1,974,751 $ 1,982,428 $ 1,849,883 -10.56% (132,545) Regional Schools(GLUT) 362,832 511,158 $ 275,000 $ 243,594 -32.86% (31,406) School Building Comm. 900 900 $ 900 $ 900 0.00% - Capital and Reserves 925,457 442,000 $ 442,000 $ 300,000 -67.58% 142,000 Total Non-Departmental Costs 22,868,318 25,099,125 $ 24,358,044 $ 24,201,693 5.83% (156,351) Support Services Outside Auditing 51,000 60,000 $ 60,000 $ 60,000 17.65% - Purchasing 62,900 49,769 $ 48,876 $ 48,876 -22.30% - Information Technology 859,293 1,074,922 $ 988,187 $ 988,187 15.00% - Structures and Grounds 20,000 100,000 $ 100,000 $ 100,000 400.00% - Total Support Services 993,193 1,284,691 $ 1,197,063 $ 1,197,063 20.53% Operating Expenses Gen.Government Town Moderator 825 825 $ 825 $ 825 0.00% - Selectmen,Town Manager 291,204 293,491 $ 288,341 $ 288,341 -0.98% - Ass'T Town Manager/HR 98,365 49,320 $ 48,427 $ 48,427 -50.77% - Human Resources 0 77,685 $ 77,685 $ 77,685 0.00% - Town Accountant/Budget 211,637 234,852 $ 231,271 $ 231,271 9.28% - Finance Comm. 795 795 $ 795 $ 795 0.00% - Treasurer/Collector 310,151 298,104 $ 296,368 $ 296,368 -4.44% - Assessors 303,236 313,016 $ 304,315 $ 304,315 0.36% - Legal 225,000 250,000 $ 200,000 $ 200,000 -11.11% - Town Clerk 346,820 314,616 $ 310,435 $ 310,435 -10.49% - Comm .Dev.Adm. 198,630 203,912 $ 198,896 $ 198,896 0.13% - Planning 112,086 110,560 $ 108,004 $ 108,004 -3.64% - Conservation 83,005 89,389 $ 83,832 $ 83,832 1.00% - Zoning Board of Appeals 31,015 33,819 $ 33,204 $ 33,204 7.06% - Total Gen.Gov't. 2,212,769 2,270,384 $ 2,182,398 $ 2,182,398 -1.37% Public Safety TOWN OF NORTH ANDOVER FISCAL YEAR 2012 FINANCE PLAN FY12 RFCC Recommended %chg.FY11 $chg.FY12 FY11 Budget Revenue&FY12 Dept FY12 Town Mgr FY12 Board of Recap to FY12 TM Recm'd to (Per Recap) Requested Budgets Recomm'd Selectmen Recm'd BOS FY12 BOS Police Dept. 4,286,662 4,616,929 $ 4,206,567 $ 4,206,567 -1.87% - Fire Dept. 4,373,400 4,633,452 $ 4,318,201 $ 4,318,201 -1.26% - Inspectional Services 242,102 257,684 $ 251,255 $ 251,255 3.78% - Emergency Mgt. 21,237 21,446 $ 21,342 $ 21,342 0.49% - Total Public Safety 8,923,401 9,529,511 $ 8,797,365 $ 8,797,365 -1.41% Public Works Administration. 363,451 399,217 $ 391,948 $ 391,948 7.84% - Streets&Sidewalks 755,000 826,616 $ 731,266 $ 771,266 2.15% 40,000 Solid Waste Recycling 1,294,425 1,298,975 $ 1,293,975 $ 1,293,975 -0.03% - Structures and Grounds 482,564 533,769 $ 522,540 $ 522,540 8.28% - Fleet Maintenance 274,776 278,238 $ 274,238 $ 274,238 -0.20% - Snow and Ice 740,086 740,086 $ 775,000 $ 752,448 1.67% 22,552 Total Public Works 3,910,302 4,076,901 $ 3,988,967 $ 4,006,415 2.46% 17,448 Health&Human Services Health Dept. 191,953 198,627 $ 215,835 $ 215,835 12.44% - Elder Services 245,578 253,620 $ 202,863 $ 242,863 -1.11% 40,000 Youth Services 245,156 280,498 $ 203,197 $ 243,197 -0.80% 40,000 Veterans Services 259,464 281,323 $ 280,394 $ 280,394 8.07% - Total Health and Human Services 942,151 1,014,068 $ 902,289 $ 982,289 4.26% 80,000 Culture and Recreation Stevens Library 827,510 875,607 $ 788,357 $ 828,357 0.10% 40,000 Festival Committee 0 0 $ - $ - Historical Commission 0 0 $ - $ - Recreation Commission 0 0 $ - $ - Total Culture and Recreation 827,510 875,607 $ 788,357 $ 828,357 0.10% 40,000 Other Non Departmental Stevens Estate Subsidy 0 0 $ - $ - Total Other 0 0 $ - $ - 0.00% Total Municipal Budget 16,816,133 17,766,471 $ 16,659,376 $ 16,796,824 -0.11% 137,448 North Andover Public Schools * 36,984,521 38,313,984 $ 36,633,578 $ 36,847,861 -0.37% 214,283 Total Education Budget 36,984,521 38,313,984 $ 36,633,578 $ 36,847,861 -0.37% 214,283 Total Non-Dept,Municipal&School 77,662,165 82,464,271 $ 78,848,063 $ 79,043,441 1.78% 195,378 Surplus/Deficit 16,382 (4,327,230), 0 0 FY12 REVENUE PROJECTIONS GENERAL FUND REVENUE FY2011 FY12 FY12 FY12 r Increase S Increase Board of FY12TNI RFCC Recm'd (01 Town Nigr Selectment FYI Recap to Recomd to Per Recap 10-11) Recom'd Recom'd FY12 BOS FY12 BOS PROPERTY TAX LEVY Tax Limit 53,569,478 55,488,866 55,488,866 55,488,866 Add 2.5% 1,339,237 1,387,222 1,387,222 1,387,222 Add New Growth 580,151 500,000 500,000 500,000 Add Override 0'; 0 0 0 Levy Limit 55,488,866 57,376,088 57,376,088 57,376,088 +Debt Exclusion(s) 3,168,569 3,105,780 3,105,780 3,105,780 -SBA Reimb.-EXCLUDED DEBT 0 0 0 0 -SBA interest reimb-High School (68,926) (68,926) (68,926) (68,926) sub total Excluded Debt 3,099,643 3,036,854 3,036,854 3,036,854 Max Levy 58,588,509 60,412,942 60,412,942 60,412,942 GENERAL FUND PROPERTY TAXES Property Tax(Net of debt exclusions) 55,475,081 ; 57,376,088 57,376,088 57,376,088 3.43% Debt Exclusions 3,099,643 3,036,854 3,036,854 3,036,854 -2.03% Defferred Property Taxes 0 0 Tax Title 0> 0 Actual Levy 58,574,724 60,412,942 60,412,942 60,412,942 3.14% Local Receipts Motor Vehicle Excise Motor Vehicle Excise 3,500,000 3,500,000 3,500,000 3,500,000 0.00% 0.20% 1.48% Other Excise Jet Fuel Tax 22,000 22,000 22,000 22,000 0.00% - Hotel Occupancy Excise Tax 184 0 Total Other Excise 22,184 22,000 22,000 22,000 -0.83% - Penalties& Interest Penalty/Int.on Prop.Tax 180,000' 180,000 180,000 180,000 0.00% - Penalty/Int.on MVX 22,000 22,000 22,000 22,000 0.00% - Penalty/Int.on Tax Title 35,000 35,000 35,000 35,000 0.00% - Over/Under 152 0 0 0 -100.00% - Lien Certificates 36,000 36,000 36,000 36,000 0.00% - Treasurer Demand Fee 77,000 77,000 77,000 77,000 0.00% - Total Penalttes&Interest 350,152 350,000 350,000 350,000 -0.04% - Payment in Lieu Payment in Lieu of Taxes 27,000 27,000 27,000 27,000 0.00% - Refuse Host Community Fee(per agreement) 275,319 278,760 278,760 278,760 1.25% - Host Community Solid Waste Fees(per ton) 1,452,440 1,501,533 1,501,533 1,501,533 1 3.38% FY12 REVENUE PROJECTIONS GENERAL FUND REVENUE FY2011 FY12 FY12 FY12 r Increa:e s Increase Board of FY12 TDI '.. RFCC Recta'd (01 Town Mgr Selectment FYII Recap to Recomd to Per Recap 10-11) Recom'd Recom'd FY12 BOS FY12 BOS 3.38% Total Refuse 1,727,759 1,780,293 1,780,293 1,780,293 3.04% - 2.84°/o 3.29% Other Charges Ambulance Service 790,000 790,000 790,000 965,000 22.15% 175,000 -0.43% 10.68% Fees Dog Fees 44,000 44,000 44,000 44,000 0.00% - Town Clerk Fees 23,000 23,000 23,000 23,000 0.00% - Extended Polling Hours 4,176 4,000 4,000 4,000 -4.21% - Cable Fees 5,000 5,000 5,000 5,000 0.00% - Clerk Violation Fees 3,000 3,000 3,000 3,000 0.00% - Passports 19,000 19,000 19,000 19,000 0.00% - Clerk Application Fees 1,000 1,000 1,000 1,000 0.00% - Conservation Fees 300 300 300 300 0.00% - Planning Board Filing Fees 20,000 20,000 20,000 20,000 0.00% - Police Fee's 3,000 3,000 3,000 3,000 0.00% - Building Inspection Fees 595,000 595,000 595,000 595,000 0.00% - -0,10% 0.00% 0.00% 0.00% -100.00% - Plumbing Inspection Fees 51,000 51,000 51,000 51,000 0.00% Electrical Inspection Fees 71,000 71,000 71,000 71,000 0.00% - Weights/Measures 2,700 2,700 2,700 2,700 0.00% - Recycling Fees 26,727 30,000 30,000 30,000 12.25% - Total Fees 868,903 "' 872,000 872,000 872,000 0.36% - School Revenue Medicaid Reimbursement 110,000 150,000 150,000 150,000 36.36% - Total School Revenue 110,000 150,000 150,000 150,000 36.36% - Library Revenue Library Fines 16,000 16,000 16,000 16,000 0.00% - Recreation Bathing Beach Receipts 32,000 32,000 32,000 32,000 0.00% - Other Receipts Rental Income 11,545` 11,545 11,545 11,545 0.00% - Cell Tower Lease 82,500 82,500 82,500 82,500 0.00% - Misc.Dept Revenue 4,735 0 0 0 Assessor Dept.Revenue 1,755 1,700 1,700 1,700 -3.13% Appeals Board Receipts 2,900 2,900 2,900 2,900 0.00% - Police 10%Admin.Fee 35,000 35,000 35,000 35,000 0.00% - Fire Alarm Box Permit Fees 21,400 21,400 21,400 21,400 0.00% - Boxford Veterans Reimbursements 11,000 11,000 11,000 11,000 0.00% - Total Other Receipts 170,835> 166,045 166,045 166,045 -2.80% - Licenses/Permits Liquor License 90,950 90,950 90,950 90,950 0.00% - Other Alcohol License 225 225 225 225 0.00% - FY12 REVENUE PROJECTIONS GENERAL FUND REVENUE FY2011 FY12 FY12 FY12 r Increase $Increase Board of FY12 TAI RFCC Recm'd (01 Town Mgr Selectment FYI I Recap to Recomd to Per Recap 10-11) Recom'd Recom'd Frig Bos FY12 Ros Food License 3,675 3,675 3,675 3,675 0.00% - Miscellaneous Licenses 9,375 9,375 9,375 9,375 0.00% License to Carry Firearms 2,000 2,000 2,000 2,000 0.00% Fire Permits 41,000 41,000 41,000 41,000 0.00% Gas Permits 17,000: 17,000 17,000 17,000 0.00% - Fishing&Boating License 5,675 0 0 0 -100.00% - Burial Permits 3,100 3,100 3,100 3,100 0.00% Health Permits 57,000 57,000 77,000 77,000 35.09% - Total Licenses/Permits 230,000' 224,325 244,325 244,325 6.23% - Fines/Forfeits Parking Fines 14,250 14,250 1.4,250 14,250 0.00% - Court Fines 85,150 85,150 85,150 85,150 0.00% - False Alarm Fine 4,600 4,600 4,600 4,600 0.00% - Total Fines/Forfeits 104,000 104,000 104,000 104,000 0.00% Investment Income Interest-General 267,000 267,000 267,000 267,000 0.00% - -32.63°/Q Total Local Receipts 8,215,833 8,300,663 8,320,663 8,495,663 3.41% 175,000 INTERGOVERNMENTAL-STATE CHERRYSHEET Loss of Tax Vets/Blind/Widow(2%) 76,087 68,478 69,332 69,332 -8.88% State Owned Land 186,373 167,736 185,690 185,690 -0.37% - Police Career Incentive 16,757 15,081 16,992 0 -100.00% (16,992) Veteran 176,367 158,730 136,860 136,860 -22.40% - Unrestricted General Government Aid 1,733,403 1,560,063 1,608,071 1,608,071 -7.23% - Chapter 70 Aid 6,092,035 5,482,832 6,124,740 6,124,740 0.54% - Charter Tuition Assessment Reimb 7,692; 6,923 9,180 6,550 -14.85% (2,630) School Building Assistance 412,131 412,131 412,131 412,131 0.00% - Total Cherry SheetAid 8,700,845 7,871,974 8,562,996 8,543,374 -1.81% (19,622) INTERFUND OPERATING TRANSFERS Transfers from Special Revenue(community Programs) 64,635 65,700 65,700 65,700 1.65% - Transfer From Special Revenue(Youth Services) 0` 0 0 40,000 40,000 Transfer from Capital 0 0 0 0 - Transfer from GLSD 131,245 134,526 134,526 134,526 2.50% - Transfer from Stevens Est. 46,460 46,460 46,460 46,460 0.00% - Transfers from Sewer 422,161 471,554 471,554 471,554 11.70% - Transfers from Water Enterprise 658,016 705,722 705,722 705,722 7.25% Total Interfund Operating Transfers 1,322,517 1,423,962 1,423,962 1,463,962 10.70% 40,000 11.30°/p TOTAL OPERATING REVENUES 76,813,919 78,009,541 78,720,563 78,915,941 2.74% 195,378 Dollar Change 2,520,935 1,195,621 42,555,168 195,378 FY12 REVENUE PROJECTIONS GENERAL FUND REVENUE FY2011 FY12 FY12 FY12 r Increase s Increase Board of Town Mgr Selectment FY12 d t RL'CC Recnt`d (01 g� FYI Recap to Recomd to Per Recall 10-11) Recom'd Recom'd FY12 Bos FY12 Bos %Change 3.39°/t 1.56% 117.67% 0.25% Reserves and One time only revenue Misc non recurring 14,726 0 0 0 -100.00% - Misc non Recurring-Hopkinton Bill 50,000 35,500 35,500 35,500 -29.00% Misc non recurring-FEMA reimbur 1,472 0 0 0 -100.00% - Mise non recurring-Medicare Part D 107,478 92,000 92,000 92,000 -14.40% - Free Cash 690,952 0 0 0 Total Reserves and One Time Revenues 864,628 127,500 127,500 127,500 1 -85.25% - GENERAL FUNDS TOTAL 77,678,547 78,]37,Q41 78,848,063 79,043,441 1.76% 195,378 Dollar Change 2,278,494 458,493 1,169,515 906,400 Percent Change 3.02% 0.59% 1.51% 1.76% EXPENDITURE SUMMARY SUMMARY OF EXPENDITURE CHANGES FYI FY11 FY12 FY12 FY12 Diff,FYI %Diff,FYI %Diff,FYI Recap.to FY12 Recap.to TM Board of Selectmen Recap,to FY12 ORIGNAL ATM RECAP DEPT REQUEST Request Town Mgr Recmm'd Recomm'd Recmm'd BOS GENERAL GOVERNMENT Town Moderator 825 825 ` 825 0.00% 825 0.00% 825 0.00% Selectmen/Town Manager 291,204 291,204 293,491 0.79% 288,341 -0.98% 288,341 -0.98% Asst.Town Manager 98,365 98,365 49,320 -49.86% 48,427 -50.77% 48,427 -50.77% Human Resourse 0 0 77,685 0.00% 77,685 0.00% 77,685 0.00% Town Accountant 227,637 211,637 234,852 10.97% 231,271 9.28% 231,271 9.28% Finance Committee 795 795 795 0.00% 795 0.00% 795 0.00% Treasurer/Collector 310,151 310,151 298,104 -3.88% 296,368 -4.44% 296,368 -4.44% Assessing 303,236 303,236 313,016 3.23% 304,315 0.36% 304,315 0.36% Legal 225,000 225,000 250,000 11.11% 200,000 -11.11% 200,000 -11.11% Town Clerk 346,820 346,820 ` 314,616 -9.29% 310,435 -10.49% 310,435 -10.49% Community Development 198,630 198,630 203,912 2.66% 198,896 0.13% 198,896 0.13% Planning 112,086 112,086 ' 110,560 -1.36% 108,004 -3.64% 108,004 -3.64% Conservation 83,005 83,005 89,389 7.69% 83,832 1.00% 83,832 1.00% Board of Appeals 31,015 31,015 33,819 9.04% 33,204 7.06% 33,204 7.06% 2,228,769 2,212,769 2,270,384 2.60% 2,182,398 -1.37% 2,182,398 -1.37% PUBLIC SAFETY Police Department 4,286,662 4,286,662 4,616,929 7.70% 4,206,567 -1.87% 4,206,567 -1.87% Fire Department 4,332,535 4$ 73,400 4,633,452 5.95% 4,318,201 -1.26% 4,318,201 -1.26% Inspectional Services 242,102 242,102 257,684 6.44% 251,255 3.78% 251,255 3.78% Emergency Management 21,237 21,2371 21,446 0.98% 21,342 0.49% 21,342 0.49% 8,882,536 8,923,401 9,529,511 6.79% 8,797,365 -1.41% 8,797,365 -1.41% EDUCATION N A Public School 36,984,521 36,984,521 38,313,984 3.59% 36,633,578 -0.95% 36,847,861 -0.37% 0 0 0 0 0 36,984,521 36,984,521 38,313,984 3.59% 36,633,578 -0.95% 36,847,861 -0.37% PUBLIC WORKS Administration 363,451 363,451 399,217 9.84% 391,948 7.84% 391,948 7.84% Street&Sidewalks 755,000 755,000 826,616 9.49% 731,266 -3.14% 771,266 2.15% Solid Waste/Recycling 1,294,425 1,294,425 1,298,975 0.35% 1,293,975 -0.03% 1,293,975 -0.03% Fleet Maintenance 274,776 274,776 278,238 1.26% 274,238 -0.20% 274,238 -0.20% Structures&Grounds 482,564 482,564 533,769' 10.61% 522,540 8.28% 522,540 8.28% Snow&Ice Removal 740,0861 740,086 740 086 0.00% 775,000 4.72% 752,448 1.67% 3,910,302 3,910,302 4,076,901 4.26% 3,988,967 2.01% 4,006,415 2.46% HEALTH&HUMAN SERVICES Health Department 191,953 191,953 198,627 3.48% 215,835 12.44% 215,835 12.44% Elder Services 245,578 245,578 !` 253,620 3.27% 202,863 -17.39% 242,863 -1.11% Youth Service 245,156 245,156 280,498 14.42% 203,197 -17.12% 243,197 -0.80% Veterans Service 259,464 259,464 281,323 8.42% 280,394 8.07% 280,394 8.07% 942,151 942,151 1,014,068 7.63% 902,289 -4.23% 982,289 4.26% CULTURE&RECREATION Stevens Library 827,510 827,510 875,607 5.81% 788,357 -4.73% 828,357 0.10% Festivals Committee 0 0 0 0 0 Recreation 0 0 0 0 0 Historial Commission 0 01 01 0 0 827,510 827,510 i 875,607 5.81% 788,357 -4.73% 828,357 0.10% SUPPORT SERVICES Outside Auditing 51,000 51,000 60,000 17.65% 60,000 17.65% 60,000 17.65% Purchasing 62,900 62,900 49,769 -20.88% 48,876 -22.30% 48,876 -22.30% Information Technology 859,293 859,293 1,074,922 25.09% 988,187 15.00% 988,187 15.00% Structures and Grounds 75,000 20,000 100,0001 400.00% 100,000 400.00% 100,000 400.00% 1,048,193 993,193 1,284,691 29.35% 1,197,063 20.53% 1,197,063 20.53% DEBT SERVICE Excluded-Principal-Long Term 2,529,856 2,529,856 2,564,856 1.38% 2,564,856 1.38% 2,564,856 1.38% Excluded-Interest-Long Term 638,713 638,713 540,924 -15.31% 540,924 -15.31% 540,924 -15.31% Excluded-Interest-Short Term 0 0 0 0 0 Included-Principal-Long Term 3,044,825 3;044,825 3,428,767 12.61% 3,428,767 12.61% 3,428,767 12.61% Included-Interest-Long Term 699,266 699,266 682,889 -2.34% 682,889 -2.34% 682,889 -2.34% Included-Interest-Short Term 0 0 0 0 0 6,912,6601 6,912,660 7,217,436 4.41% 7,217,4361 4.41% 7,217,436 4.41% EXPENDITURE SUMMARY SUMMARY OF EXPENDITURE CHANGES FYI FY11 FY12 FY12 FY12 Diff,FY11 %Diff,FY11 %Diff,FY11 Recap.to FY12 Recap.to TM Board of Selectmen Recap.to FY12 ORIGNAL ATM RECAP DEPT REQUEST Re guest Town Mgr Recmm'd Recomm'd Recmm'd BOS EMPLOYEE BENEFITS Retirement Assessment 2,803,785 2;803,785 3,002,779 7.10% 3,002,779 7.10% 3,002,779 7.10% Workers Comp 259,626 228,626` 250,000 9.35% 250,000 9.35% 250,000 9.35% Unemployment Compensation 200,000 200,000 200,000 0.00% 237,400 18.70% 200,000 0.00% Group Insurance 8,396,967 8,.396,967 10,524,071 25.33% 9,974,071 18.78% 10,161,071 21.01% Payroll Taxes 600,000 600,000 600,000 0.00% 600,000 0.00% 600,000 0.00% Police&Fire Accident&Sickness Ir 75,000 75,000 75,000 0.00% 75,000 0.00% 75,000 0.00% 12,335,378 12,304,378 14,651,850 19.08% 14,139,250 14.91% 14,288,850 16.13% LIABILITY INSURANCE 300,641 293,688 301,030 2.50% 301,030 2.50% 301,030 2.50% CAPITAL&RESERVES Finance Committee Reserve 100,000 0 0 0 0 Transfer to Payroll Stabilization Fun 0 0 50,000 50,000 0 Transfer to OPED Reserve Fund 0 : 0 92,000 92,000 0 Transfer to Stabilization Fund 0 373,167 0 -100.00% 0 -100.00% 0 -100.00% Deficits(Snow and Ice) 248,432 248,432 0 -100.00% 0 -100.00% 0 -100.00% Deficits(overlay) 0 3,858 ' 0 -100.00% 0 -100.00% 0 -100.00% Deficits(Stevens Estate) 0 0 0 0 0 Overlay 300,000 300,000 300,000 0.00% 300,000 0.00% 300,000 0.00% 648,432 925,457 442,000 -52.24% 442,000 -52.24% 300,000 -67.58% STATE ASSESSMENTS Spec Ed 36,547 0 0 4,778 4,778 Mosquito Control 85,449 85,167 85,167 0.00% 85,843 0.79% 85,843 0.79% Retired Teachers Health Insurance 1,632,652 1;632,652 1,539,000 -5.74% 1,538,062 -5.79% 1,405,517 -13.91% Air Pollution Districts 8,470 8,470 8,470 0.00% 8,484 0.17% 8,484 0.17% Regional Transit 174,085 174,085 174,085 0.00% 172,662 -0.82% 172,662 -0.82% RMV Non Renewal Surc 17,460 17,460 17,460 0.00% 20,640 18.21% 20,640 18.21% School Choice 16,000 19,412 ` 19,412 0.00% 30,162 55.38% 30,162 55.38% Charter School Assessment 69,709 69,709 69,709 0.00% 72,710 4.31% 72,710 4.31% Essex County Agricultural Assessm 61,448 61,448 61,448 0.00% 49,087 -20.12% 49,087 -20.12% 2,101,820 2,.068,403 1,974,751 -4.53% 1,982,428 -4.16% 1,849,883 -10.56% Regional Schools 362,832 362,832 ' 511,158 40.88% 275,000 -24.21% 243,594 -32.86% School Building Committee 900 900 ` 900 0.00% 900 0.00% 900 0.00% 363,732 363,732 512,058 40.78% 275,900 -24.15% 244,494 -32.78% Total Non-Departmental Cost 22,662,663 22,868,318 25,099,125 9.76% 25,555,107 11.75% 25,398,756 11.07% General Fund Budget 77,486,6451 77,662,1651 82,484,271 6.18% 78,848,061 1.53% 79,043,441 1.78% Aloha Num. Article Title Sponsor Board of Selectmen Finance Committee Planning Board A 1 Reports of Special Committees Board of Selectmen No Recommendation No Recommendation No Recommendation B 2 Reports of Receipts and Expenditures Board of Selectmen Favorable Action No Recommendation C 3 Authorization of the Town Manager or Superintendant of Board of Selectmen Favorable Action Favorable Action No Recommendation Schools Regarding Contracts in Excess of Three Years D 4 Authorization to Accept Grants of Easements Board of Selectmen Favorable Action No Recommendation Favorable Action E 5 Authorization to Grant Easements Board of Selectmen Favorable Action No Recommendation Favorable Action F 6 Compensation of Elected Officials Board of Selectmen Favorable Action No Recommendation No Recommendation G 7 Prior Year Unpaid Bills Board of Selectmen Favorable Action Favorable Action No Recommendation H 8 Establishment of Revolving Funds Board of Selectmen Favorable Action Favorable Action No Recommendation 1 9 Continuation of MGL,Chapter 59,Section 5K,Senior Work Council on Aging Favorable Action Favorable Action No Recommendation Program-Funding of$18,000 1 10 jAmend General Fund Appropriation for FY11 Board of Selectmen Favorable Action Favorable Action No Recommendation M 11 Amend Stevens Estate at Osgood Hill Enterprise Fund Board of Selectmen Favorable Action Favorable Action No Recommendation Appropriation for FY11 N 12 Amend Capital Plan Appropriations from Prior Years Board of Selectmen Favorable Action Favorable Action Favorable Action Y 13 Amend Zoning Bylaw,Section 8.9,Wireless Service Facilities Board of Selectmen Favorable Action No Recommendation Favorable Action Z 14 1 Amend Zoning Bylaw,Section 3,Zoning Districts and Board of Selectmen Favorable Action No Recommendation Favorable Action Boundaries,Subsection 3.1.Establishment of Districts RR 15 Tax Increment Financing Plan-4 W High Street,Mansur Board of Selectmen To be made at Town No Recommendation Investments Meeting PP 16 Accept MGL,Chapter 64L,Section 2(a),to impose a local meals R.Abbott&Others Unfavorable Action Favorable Action No Recommendation excise tax UU 17 Raise and Appropriate Additional Funds(Proposition 2 1/2 Robert Ercolini& Unfavorable Action Unfavorable Action No Recommendation Overide)for Fiscal Year 2012 Others O 18 General Fund Appropriation,FY12 Board of Selectmen Favorable Action per Favorable Action per No Recommendation Budget Vote of 4/25 Budget Vote of 4/26 CC 19 Establishment of Special Stabilization Fund;Reserve for Future Board of Selectmen To be made at Town No Recommendation Payroll Meeting Transfer of Funds into Other Post Employment Benefits Liability To be made at Town MM 20 Trust Fund-Added Board of Selectmen Meeting No Recommendation NN 21 Transfer of Funds into Stabilization Fund-Added Finance Committee Recommend No Action No Recommendation Appropriate Funds to Elder Services Department to Fund QQ 22 E.Poirer and Others Recommend No Action Unfavorable Action No Recommendation Personnel Authorization to Transfer Funds from the Health Dept.Food To be made at Town X 23 Consultants Revolving Account to the Board of Health Board of Health Meeting Unfavorable Action No Recommendation Favorable Action Per Town Favorable Action Per P 24 Water Enterprise Fund Appropriation,FY12 Board of Selectmen Mgr.Recommendation Town Mgr. No Recommendation Recommendation Favorable Action Per Town Favorable Action Per Q 25 Sewer Enterprise Fund Appropriation,FY12 Board of Selectmen Mgr.Recommendation Town Mgr. No Recommendation Recommendation ! Master List,May 10,2011 Annual Town Meeting with Recommendations.xlsSheetl4/29/20119:38 AM of NoerH q o � OF r �9SSACHUS�,t INTEROFFICE MEMORANDUM TO: Mark Rees DATE: April 29, 2011 Town Manager FROM: Ray Santilli Assistant Town Manager SUBJ: Constellation Energy At the Board of Selectmen's meeting of April 25`x', several questions were raised during the discussion of the arrangement with Constellation Energy and the use of the emergency generator at the Water Treatment Plant during extreme peak energy needs. As part of this arrangement, during identified peak energy needs, the Water Treatment Plant (WTP) would go `off-line' of the electrical grid and activate their emergency generator. As a result, the WTP would be paid a monthly stipend to be available and then extra revenue during such an event. The following questions were posed at the Selectmen's meeting: Hoiv many events have occurred in the past number of years and hole long has each event � lasted? According to Brian Dalton of Constellation Energy, there have only been two events in the past five years that have caused activations similar to the proposed arrangement with the WTP. One event was approximately three hours duration and the other lasted a total of four hours. Is there a maximum commitment of time by the Water Treatment Plant to participate in any identified event? Participation in any event is solely at the discretion of the WTP at that specific time. If the WTP does not participate in an event for whatever reason, the WTP would not be entitled to receive any additional revenue. If during an event the WTP decides to withdraw participation at any time, the additional revenue to be paid would be pro-rated. (i.e., if the event � lasts a total of six hours but the WTP withdraws from participation after four hours, the WTP would only be paid two-thirds of the revenue for that event.) i V// RESOLUTION IN SUPPORT OF UPDATING THE MASSACHUSETTS BOTTLE BILL Whereas The Massachusetts Bottle Bill, enacted in 1982 has allowed(your city/town)residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and, Whereas, states with deposit laws have higher residential recycling rates of beverage containers than those of non-deposit states, and; Whereas litter decrease in states with Bottle Bills averages 70-85%, and, Whereas,through the Massachusetts Bottle Bill, we recycle nearly 80% of containers of deposit containers, but only 20% on non-deposit containers, and Whereas the Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, sports drinks, and teas. Whereas the addition of bottled water, sports drinks and teas to the Bottle Bill will decrease the total volume of municipal solid waste that is needed to be collected, thus saving disposal fees and landfill space. Be It Resolved That we, the (members of your city/town's council, board of alderman, etc. or mayor) commemorate the 27th anniversary of the implementation of the Massachusetts Bottle Bill. Furthermore, Be It Resolved That: the (City/Town) of be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages it's strengthening through expanding the list as recommended by the Governor in his proposed budget and currently being considered by the House and Senate Joint Committee on Telecommunications, Utilities and Energy. Furthermore, Be It Resolved that the (City/Town) goes on record in supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs. Be it Further Resolved that the (City/Town) instructs our state representatives and state senators, and our governor to support and vote in favor of updating the Massachusetts Container Beverage Law. Mayor/ Chairman, Board of Selectmen City/Town of Date a Dear Board of Selectmen; fl�,; ' J �� As you likely know,the Town of North Ahdover passed a resol tion in support of the Updated Bottle Bill(enclosed),and our campaq n appreciates North AndovLr's s r n �P`'ur d rship and that of all the other cities��n resolution, Mayor Tom Menino is hosting a press event on Thursday, May 5, at 11:30am at Boston City Hall in the Eagle Room.At the event, Mayor Menino will make a statement heralding the cities'and towns' support,describing the city of Boston's longtime championing of this issue,and urging the Legislature to take quick action to pass the Updated Bottle Bill. i We would love to have you join this event and help demonstrate the statewide support for the Updated Bottle Bill (H890/S1650,sponsored by Rep.Alice Wolf and Sen.Cynthia Creem).As of this writing, 178 cities and towns(so,more than half of the total 351 in our state)have passed the resolution,and we think that sends a strong message to the Legislature that its passage is overdue. As you well know, updating the Bottle Bill is a win/win for cities and towns—it would reduce litter in our streets and parks and open spaces, and save money in trash disposal. We need your active help in getting this bill through the Legislature.We hope to see you on May 5. For more information,or to RSVP,please contact me at } Janet } I .DomenitzCa)MASSPIRG.org. Thanks so much. Janet Domenitz MASSPIRG Executive Director