Loading...
HomeMy WebLinkAbout2007-11-19 Board of Selectmen Agenda Packet BOARD OF SELECTMEN MINUTES NOVEMBER 19, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: James Xenakis, Chairman; Thomas Licciardello; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining and Potential Litigation. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas Licciardello yes; James Xenakis yes. Vote approved 5-0. APPROVAL OF MINUTES: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the minutes of October 22, 2007, Executive Session. Vote approved 4-0-1. Daniel Lanen abstained. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the minutes of November 8, 2007, 4-0-1. Daniel Lanen abstained. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: New Business Recognition The Board of Selectmen presented a Certificate of Recognition to Kodai Flow Research, LLC for locating their business in North Andover. CONSENT ITEMS: Approval of Designer: Stevens Pond Pavilion The Designer Selection Committee interviewed three firms that issued proposals to replace the current building at Stevens Pond. The Committee unanimously recommended hiring the firm of Kang Associates Inc. of Sudbury, MA. The Board was requested to approve the selection. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the recommended firm of Kang Associates, Inc of Sudbury, MA for the building project at Stevens Pond. Vote approved 5-0. LICENSING COMMISSIONERS: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Determination to Conduct Alcoholic Beverages Public Hearing Beijing Restaurant Millennium Eatery. Licensing Chairman Caggiano said that due to the unavailability of Attorney AI Manzi III, this hearing has been postponed until the Board's next meeting on December 3, 2007. Approval of revised Alcoholic Beverages Rules and Regulations Licensing Chairman Caggiano said the following recommended changes were taken into consideration and should be discussed and then the Board should accept or reject these recommendations. On Page 3, Section 17, Re: Employee Training and TIPS Certification Selectman Xenakis objected to the retraining of employees every three years because of the outdated program being presented by TIPS. Board of Selectmen Meeting November 19, 2007 2 Rosemary Smedile and Thomas Licciardello said that all employees should be retrained in some sort of a program every three years for recertification and tried to seek a better program if it is available. Large chains such as the"99 Restaurants" have instituted their own TIPS program. osemary Smedile made a MOTION, seconded by Thomas Licciardello, to approved adding the following LL! clause, "All employees are required to be recertified every three years through an approved program. Vote approved 4-1. James Xenakis opposed On Page, 7-8, Section 31, Re: Scheduling of Public Hearings: Rosemary Smedile made a MOTION, seconded by James Xenakis, to add the phrase: "if at any hearing a licensee is charged with serving or selling alcoholic 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". Vote approved 5-0. On Page 8, Section 32, Re: Violations: I /Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to add the phrase: " or such dates to be determined by the board". Vote approved 5-0. On Page 8, Section 32, Re: Violations: aniel Lanen made a MOTION, seconded by Thomas Licciardello, to add the sub-section "h"the percentage of total revenue the licensee received from the sale of alcoholic beverages". Vote approved 5-0. On Page 10, Section 9, Re: Serving Containers: o delete this section in its entirety...No alcoholic beverages shall be served in a container or glass in excess of sixteen fluid ounces. /James Xenakis made a MOTION, seconded by Daniel Lanen, to delete this section in its entirety. "No alcoholic beverages shall be served in a container or glass in excess of sixteen fluid ounces. Vote approved 4-1. Mark Caggiano opposed. On Page 10, Section 11, Re: Service of Alcoholic Beverages Limited: "To delete the first sentence and the second sentence or both in this section", "No more than one alcoholic beverage drink shall be served to a patron at one time. No patron shall be / served a fourth alcoholic beverage drink without the prior approval of the manager." James Xenakis made a MOTION, seconded by Daniel Lanen, to delete the first sentence of"no more than one alcoholic beverage drink shall be served to a patron at one time"; and revise the second sentence to say, "No patron shall be served a fourth alcoholic beverage drink without the prior approval of the manager or an alternate". Vote approved 5-0. On Page 11, Section C, 2. Applies to Retail Package Store Licenses Consumption on Premises Prohibited: /by elete the word "Free"from the following sentence: No alcoholic beverages shall be sold to be drunk on he premises. However, this section shall not prohibit a licensee from offering (free) tastings as permitted law or by regulation of the ABCC. James Xenakis made a MOTION, seconded by Thomas Licciardello, to delete the word "free"from the sentence. Vote approved 5-0. Board of Selectmen Meeting November 19, 2007 3 Licensing Chairman Caggiano asked the Board of Adopt the "Alcoholic Beverages Rules and Regulations Policy" as amended. James Xenakis made a MOTION, seconded by Thomas Licciardello, to adopt the "Alcoholic Beverages Rules and Regulations Policy" as amended. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Proposed Algonquin Gas Compression Station The deadline for submitting written comments to the Federal Energy Regulatory Commission (FERC) is November 21, 2007. Special Counsel Jonathan Klaven prepared a draft submission. The Board made comments and wanted additional text inserted in the letter to FERC. Selectman Caggiano said that the 1600 Osgood Street site is not a really good idea either and wanted that site deleted from the letter, because the town of North Andover is already overburdened by regional facilities. State Representative David Torrisi said he attended the Public Hearing. The owners of 1600 Osgood Street wanted to be considered as an alternative site. This would be a benefit to the industrial part of their facility. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, approving the amended letter language and giving James Xenakis, Chair of the Board authorization to send a letter to FERC with the Town's concerns regarding the Boxford site for the Algonquin Gas Compression Station. Vote approved 5-0. NEW BUSINESS: Winter Parking Ban The winter parking ban has been revised to make it clear that parking on the sidewalks is not allowed. The Police and Fire Departments are very concerned about the practice of parking on sidewalks and the danger for pedestrians when forced to walk on the street. Selectmen Smedile and Lanen said that people have parked partially on the sidewalks for years because many downtown streets are two narrow to allow emergency vehicles to pass through. Chairman Xenakis said that the Board should approve the existing policy as stated and not enforce it if the Police Department sees that there is a street or road that is over burdened by this problem. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the parking ban policy as amended and keeping in mind that there will be future exceptions made by discretion as identified by the Police Chief. Vote approved 5-0. Handicap Parking Space Request, 13 Maple Avenue Residents James and Stacie Selfridge requested a Handicap Parking sign in front of their home for their daughter's bus for pickup and drop off from school. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approve a Handicap Parking sign in front of 13 Maple Street. Vote approved 5-0. School/Municipal Consolidation Proposal School Superintendent James Marini and the Town Manager Mark Rees are proposing the consolidation of certain similar services to maximize efficiencies and possible cost savings for the town. The Budget Communications Group has endorsed this plan and it is now being brought before the Board of Selectmen and the School Committee at their next meeting for adoption. Approvals by the Boards would direct staff to move forward with this major undertaking with implementation to take place in FY09. Board of Selectmen Meeting November 19, 2007 4 Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the proposal of the consolidation of town services so that the Town Manager could move forward with a plan. Vote approved 5-0. TOWN MANAGER'S REPORT: Representative Torrisi's office informed the town that the legislation the town requested removing the Fire Chief and the Police Chief positions from civil service passed the legislature and was signed by the Governor. The town has begun the process of preparing a request for proposals to hire a consultant to assist the town in conducting an assessment center for the permanent Fire Chief position. The Department of Public Works has informed the Town Manager that the flood and drainage control work along Mosquito Brook has been substantially completed. While this work will not eliminate the possibility of continued flooding along this brook, it should go a long way toward mitigating the flooding. The Department of Housing and Community Development has approved the town's smart growth application and that the town is eligible for the$600,000 initial grant. The grant award requires that the town designate a"Smart Growth Reporting Officer" and a"Municipal Official" responsible for filing an Annual update. The Town Manager recommended appointing Community Development Director Curt Bellavance to fill both of those roles. On November 15, 2007, Police Officers Jarred J. Lawler and Brendan J. Gallagher graduated from the Lowell Police Academy. The Town Manager requested that the Board change their December meeting date of December 17"'to December 10'h for a Tax Classification Public Hearing. I Mark Caggiano made a MOTION, seconded by Thomas Licciardello to change the meeting date to December 10, 2007. Vote approved 5-0. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 9:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board gOR7y �SSACHUSES 1 INTEROFFICE MEMORANDUM TO: Mark Rees DATE: November 15, 2007 Town Manager FROM: Ray Santilli Assistant Town Unager/HR Director SUBJ: Designer Selection Approval—Stevens Pond Project The Request for Qualifications issued for the Stevens Pond project resulted in three (3) submissions from interested firms. The Stevens Pond project is for the replacement of the current building on site with a new structure that includes men's and women's bathrooms and changing rooms, a handicap accessible bathroom, office space for staff, and a storage area. A j total of$186,000 has been appropriated for the project from CPA funding. n and ranking of the proposals, the designated Designer Selection Subsequent to the evaluation g p p � � Committee interviewed the finalists and unanimously recommended to hire the firm of Kang Associates Inc. of Sudbury,MA. A meeting has been held with the selected firm to negotiate a fee($15,000) and a final scope of services. In accordance with the Designer Selection Procedures, "the Board of Selectmen shall,by a majority vote of the Board, approve the selection of the designer chosen in accordance with this procedure." It is requested the Board of Selectmen approve the selection of Kang Associates Inc. for this project at their next scheduled meeting. POLICE | The office ca uuu^,u NI.Stanley CHIEF orPOLICE T[): Chief Richard K4. 3{xnkry FROM: Lieut. Paul Gallagher '~ / RE: P000ibloLiOncvV\olatimz—Beijing Restaurant Inc. DATE: October 2, 2007 Oo September 30, 2007o1I2:lhaozNorth Andover police received u call for service regarding ediSinrbaoce ot the Beijing Ilex(uoruotIou. located at 1250 Osgood 8onnt. Said establishment holds o full liquor license (A]9CC#08260009) from the North Andover Licensing Commissioners. A full-shift response was inititiated and according to the reporting officer his initial vinvvo was "a mass ute1c n{ooufuuion" The officers calmed the aiboNjoo down and orcnm(ed two individuals for five counts n[assault and battery, one count of assault and battery with a dangerous weapon (shod foot) and one count of disorderly conduct. These two persons are alleged iohave uoamzltnd six individuals. Shift supervisor, Sgt. Diane Heffernan, arrived on scene to conduct an investigation with her officers into the incident. She spoke k) u Mr. David Yue, former owner nfthe restaurant. Evidently on argument had occurred io the bar area and the involved patrons were "ushered out" into the parking lot. The fight and disturbance then ensued outside. O[the six individuals assaulted one was knocked unconscious and received a concussion. The victim was taken t0 Lawrence General Hospital for treatment. 3gL Heffernan also states the two mzcs<coxvvnro "extremely intoxicated" during booking. I p/on|d suggest the commissioners consider n liquor violation 0f the following: 566uxmNsTxseT,NORTH ANDOVER,wAssAcnussTTsu>u4r'4oyo Telephone:978-683-3168 - Fax:978-685-0249 204CMR 2.05 (2)—No licensee shall permit any illegality on the licensed premises. The licensee is responsible, whether present or not for ensuring that no disorder, disturbances or illegality takes place in or on the licensed premises, to wit M.G.L. C 265 S13A Assault and Battery(misdemeanor) and C.265 S.15B Assault and Battery with a dangerous weapon(felony) C.272 S. 53 Disorderly Conduct(misdemeanor) The investigating officers would make themselves available to the Licensing Commissioners, if needed, for a hearing. North Andover Police Department Incident Number: 2007000019451 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2007000022043 978-683-3168 Print Date: October 2, 2007 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 Sun 09/30/2007 12:14:26AM Sun 09/30/2007 12:14:26AM 9/30/2007 12:14:26AM Reported As Incident Type-Primary Arresting Officer Disturbance-General Assault and Battery Patrolman Brian Faye Incident Address Reporting Officer 1250 Osgood Street, North Andover, MA 01845 Patrolman Brian Faye Sector Stat.Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other BEIJING RESTAURANT Disturbance-General Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex Home Phone# Cell Phone# Work Phone# Arrested M N/A N/A ----- ------------ -------------------- — -------------------- ---------- ------------------ ---------N/ Address: — Arrested N/A — N/A — N/A ------------- -------------------- Address: Victim----------------------------------------------------------------- ------------------- . -------N/A------. ---------N/A-------- --------N/A Address: Victim �� N/A — — N/A N/A _F----------------------------------- ----------------------------------- Address: Victim N/A N/A N/A ------- ---- ---------------------------- ------mum�-Address: Witness -- N/A N/A N/A ----------------------------------------- - Address: Witness --------L ---N/A----- --------N/A------- -------N/-- ------------------ ------------- Address: Victim ------------------ --------------------- N/A 1 -----N/A ------------------------------------------------- -------- Address: Victim -------------------�L --------N/A------- --------N/A-------- -------------- - Address: Witness F N/A N/A N/A.........[.......— — Address: --------------Victim-------------- -------------- -- -� ------- ----- ---------N/A-------- - N/A -------------------- Address: Jim Incident Number:2007000019451 Page 1 of 7 PIFormSingle v3.6.2/CR10 Rev. 07/07/07 North Andover Police Department Incident Number: 2007000019451 566 Main Street File No: N/A North Andover,Ma. 01845-4099 Dispatch Incident Number: 2007000022043 978-683-3168 Print Date: October 2, 2007 Incident Report Printed By: pgallagh Associated Businesses Summary Type Name Primary Phone# Secondary Phone# No Associated Persons reported for Incident#:2007000019451 IBR/UCR Offenses Offense Number IBR Type Chapter I Section Statute ID/IBR Type Description Counts 0 N/A N/A / No Incident Offenses Recorded for Incident#:2007000019451 Arrest Offenses Seq# Chapter Section Name(Last,First, MI) Description of Offense Counts 1 265 13A A&B(605) 1 2 265 13A A&B(605) 1 3 265 13A A&B (605) 1 4 265 13A A&B(605) 1 5 265 13A A&B`(605) 1 6 265 15A A&B with Dangerous Weapon (617) 1 7 272 53 J Disorderly Conduct(401) 1 8 265 13A A&B(605) 1 9 265 13A A&B(605) 1 10 265 13A A&B(605) 1 11 265 13A T A&B(605) 1 12 265 13A A&B(605) 1 13 265 15A A&B with Dangerous Weapon(617) 1 14 272 53 Disorderly Conduct(401) 1 Arrestee Seq. # 1 Suspect Type I Suspect Name Alias/Nickname Occupation Probation Central File SSN Named N/A c N/A Date of Birth Age Sex Race Ethnicity Skin Tone Height Weight Eye Color Hair Color Scars/Marks/Tattoos/Other Physical Characteristics: No Physical Characteristic Data Reported Arrestee Seq. # 2 Suspect Type Suspect Name Alias/Nickname Occupation Probation Central File SSN Named N/A mom I N/A Date of Birth I Age Sex Race Ethnicity Skin Tone Height Weight I Eye Color Hair Color 1 Scars/Marks/Tattoos/Other Physical Characteristics: Tattoo, arm, right upper Incident Number: 2007000019451 Page 2 of 7 PlFormSingle v3.6.2/CR10 Rev.07/07/07 North Andover Police Department Incident Number: 2007000019451 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2007000022043 978-683-3168 Print Date: October 2, 2007 Incident Report Printed By: pgallagh Narratives for Incident Number 2007000019451 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrolman Brian Faye Division: Patrol Officers Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 09/30/2007 01:35 Patrolman Brian Faye Open 10/02/2007 I Officer Brian Faye report the following, at approximately 12:15am on September 30, 2007 all units were dispatched to the Beijing Restaurant for a report of a fight. Upon my arrival, Officer Reid, Barter and Sewade were spread out over the front parking lot of the Restaurant attempting to assess and gain control of the situation. The entire occupancy of the bar was gathered in the front and side parking lot in a mass state of confusion. Officer Reid was assisting an off duty EMT, later identified as 1111110&with an unconscious and bleeding male subject on the ground.This male was later identified as Officer Barter was restraining a white male, later identified as ne of Mr.4111111W friends,from retaliating on behalf of his friend that lay unconscious on the ground.Also there was another male in close proximity to Officer Barter to which I immediately grabbed and pulled him away from the officer. This male was later identifie( M also M friend. Mr. 111IMidentified himself as a victim and stated he had been sucker punched in the jaw from behind and that he knew who had injured his friend. stated that two men repeatedly kicked Mr.4GMqRW in the head, face and chest. Mr. 011111Wrought me over to a gray vehicle with three occupants inside the vehicle. He pointed in the back seat and stated they are the ones that did this to Mr. 1 order the driver of the vehicle, later identified as to shut the vehicle off and told the two rear passengers, later identified as and y, to exit the vehicle. After a check for weapons on the two males I asked for identification and what had happene . At this time Sg Heffernan requested,over the radio, for one officer to give her a land line for an update on the situation. Officer Sewade called the Sgt with an update. Both Mr.10 and4lilft stated that they didn't do anything and that they just wanted to leave. Both males were unstable on their feet, had red glossy eyes and had a strong odor of an alcoholic beverage emanating from their persons.When I asked them how much they had to drink. Mr.-ft stated"this guy didn't do any anything" pointing to W410100 still seated in the vehicle. I asked again how much he had to drink tonight and he stated, " I took criminal justice, I now what's going on, I want to cooperate." Mr.4010M,while leaning on the truck of the car to keep his balance stated, in a slurred speech, "A couple." I advised both men at this point to stand at the rear of the vehicle and keep their mouths shut while I spoke with the driver. I order the driver to exit and stand at the front of the vehicle. I searched Mr.11Wor weapons and asked him for his identification and what had happened. The parking lot at this time was still filled with the bar patrons and still in a state of confusion. The Ambulance arrived and took over care-of Mr. While I was speaking with Mr. qWi I looked over my shoulder and saw Officer Reid, now standing up, attempting to restrain Mr. still in a state of anger due to what had just occurred to his friend. I still at this time was not sure what Mr. s role was in the incident so I advised the three men I was speaking with not to move and immediately ran over to assist Officer Reid.As I approached, Officer Barter advised me that they were all set and we began to clear the area of everyone that was not involved or a witness to the incident. Once the ambulance was clear from the scene and the crowd was separated, from the witnesses to the people involved, I began to get statements from each party on what had just occurred. I was approached separately by i whom all stated that they were assaulted by NOMINNO and Mr. They also stated they all witnessed Mr. NillIlllIIIIIIIIIIIIIIIIand Mr. 1111M kicking Mr multiple times while he lay unconscious and bleeding on the ground.. I was also approached by a JOIJEJOW who stated that he was not involved or injured in the incident but he witnessed Mr. and Too punching and Kicking Mr. 41110M multiple times. At this time Officer Barter placed Mr. 74ftn handcuffs and Officer Sewade placed Mr. 11106 in handcuffs and they were advised Incident Number:2007000019451 Page 4 of 7 PlFormSingle v3.6.2/CR10 Rev. 07/07/07 North Andover Police Department Incident Number: 2007000019451 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2007000022043 978-683-3168 Print Date: October 2, 2007 Incident Report Printed By: pgallagh Narrative by: Patrolman Brian Faye Division: Patrol Officers(continued) Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 09/30/2007 01:35 Patrolman Brian Faye Open 10/02/2007 that they were being placed under arrest for assault and battery with a dangerous weapon ( shod foot) and disorderly conduct. I continued to get statements from the above listed people. From the information that I gathered, Mr. 610iftand his friends were sitting on the left side, closest to the windows, of the bar when friendly conversation took place between , Mr. s girlfriend and , Mr. 4111kbM girlfriend.These to women know each other from the hair salon where Miss JFJNW works.When Mr.MW&UW saw his girlfriend talking to the group, he took that as a sign of the men flirting with his girlfriend. Mr.IIIIIIIIIIIJIMand Mr I&approached the group and began a verbal argument. The argument quickly turned into a fist fight. According to statements gathered Mr. punched Mr. and Mr.~ punched Mr. multiple times. Both Mr. and 401111IMPattempted to avoid getting hit by pushing the two attackers away. During the scuffle inside a women, later identified as fell to the ground and was kicked in the ribs many times according to her statement. The staff of the restaurant got involved at this point and made everyone exit the bar. Mr. and his friends exited the bar on their own attempting to avoid any further confrontation. Once outside Mr.011100according to witnesses statements sucker punched Mr. in the face from behind. Mr. le stated that he attempted to stand between and hold back Mr. 1111111W and another man when Mr. W111111111110punched him in the face. Witnesses then stated seeing Mr.4111111111M run up behind Mr. 111NIMM and punch him in the face from behind.This punch knocked Mr. out and down to the ground.At this point Mr. and Mr. 111Wbegan kicking Mr. 4000stin the head and face. Witnesses stated that they were stomping and kicking Mr. Rodregez in the face and head multiple times. Mr.4NIIIIIIIIIIIII1111and Mr. attempted to stop the beating of their friend when Mr. WINFAWnd Mr. turned and began to punch Mr.A11111111fM in the face multiple times"``according to his statement. This was approximately the time when the first units could be,*heard and seen coming and the parties separated. Mr. golMopow was transported to the Lawrence General Hospital by ambulance and Miss. 01198went to the hospital on her own to seek medical attention. Once at the hospital Mr. OW did not remember anything due to the concussion he suffered in the incident. Mr.11111111111AIEw received 3 stitches in his nose, 5 stitches in his eye brow and multiple bumps cuts and scrape due to the pavement and s oed foot. Miss according to the doctors possibly suffered multiple bruised ribs due to this incident. Mr.611111W and were booked and read there right by Sgt Heffernan and Soucy and placed in a holding cell to await their release. Mr.4JVJ&Wnd41Ware charged with assault and battery with a dangerous weapon (shod foot)and disorderly conduct. Both subjects shoes were taken into custody and placed in evidence bags and placed in a large paper bag outside of the evidence lockers awaiting to be processed. Upon completion of my investigation, I charged and Slftd with 5 additional counts of Assault& Battery-on victims: Signature- Reporting icpr _ T>3��ts�P?r�n I?eviov hng Officor Incident Number:2007000019451 Page 5 of 7 PIFormSingle v3.6.2/CR10 Rev.07/07/07 North Andover Police Department Print Date: October 02, 2007 Incident Narrative Report Printed By: pgallagh Narratives for Incident Number 2007000019451 ? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Sergeant Diane Heffernan Date&Time Narrative Description Entered by Status Reviewed by Last Edit Date 10/02/2007 01:50 Sergeant Diane Open 10/02/2007 Heffernan At approx. 12:30am, Sgt. Soucy called the station asking if I wanted him to return so that I could respond to the BeiJing and I said yes. Once Sgt. Soucy returned to the station I did respond to the BeiJing Restaurant to assess the situation. Upon my arrival, I observed my Officers speaking to several patrons and victims as well. The most seriously injured, had already been transported to Lawrence General Hospital. At this time, the Officers appeared to have the situation under control. Officer Reid approached me and gave me the update, which essentially is noted in Officer Faye's report._] then went to the front door, which was locked and asked to enter. I was let in by former owner, David Yu. I entered the establishment and said to Mr. Yu, "here-we go again"and he shook his head. I asked him what. happened and he stated that an argument broke out in the bar area and at that time, all involved were ushered outside by Adrian Santana. Adrian was not the bouncer for the night, but I was told, the bouncer for the night had left and Adrian was downstairs. Upon hearing the commotion he came upstairs to assist. Adrian and the bartender then joined us in the lobby area. I asked the bartender, also named David, how long the Defendant's were in the bar and he stated approx. 1 1/2 hours.,I asked him how many drinks they were served and he said he didn't remember but"They were not drunk" I asked what happened and he said an argument broke out and several people began pushing and shoving each other, but that no one was hit at the time. He then stated that Adrian came upstairs and several people were ushered out. He then called 911 and told*6.0. Matos that there was a fight"inside" -All units were dispatched. A few minutes later, he called back asking for an ambulance. I also observed a woman, who I believed to be the owner sitting behind the cash register just shaking her head. There were approx. 10 patrons in the bat area who appeared to be finishing up. At this time, I returned to the station to assist with booking,,; Sgt. Soucy performed the bookings and I fingerprinted both 111810Wwas booked first and, in my opinion, was extremely intoxicated..He speech was so slurred, he was difficult to understand. He repeatadly asked what he was being charged with and if he could bail himself out. His eyes were extremely bloodshot and he smelled strongly of alcoholic beverage.He was also unsteady on his feet. Iftwas placed in a cell until was finished booking. When I went into the cell area to let Vft out for his booking he stood up and put his hands up in the air. 1 asked him what he was doing and he said , "I don't want to give you any trouble". I let him out and escorted him to the booking area. He kept his hand raised while walking to the booking area. Mr. also smelled strongly of alcoholic beverage, his eyes were glassy and bloodshot, however, although in my opinion he was intoxicated, he did not appear to be as intoxicated as Mr.A110hft Both subjects were booked without incident and placed in cells to await bail. Page 1 of 1 PlNarrativeSingle v3.6.1/CR10 Rev.04/15/07 North Andover Police Department Incident Number: 2007000019451 566 Main Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2007000022043 978-683-3168 Print Date: October 2, 2007 Incident Report Printed By: pgallagh Incident Notes: Create User ID: Date&Time No Incident Notes Listed Incident Dispatcher Remarks: Create User ID: system Date&Time 09/30/2007 03:49:56 2007/09/30 00:16 Amato, Jaimie 550 REPORT OF FIGHT INSIDE OF BUSINESS 2007/09/30 00:33 Matos, Cynthia 544 OFFICER SEWADE RETURNING W/ 1 UNDER ARREST 2007/09/30 00:41 Amato, Jaimie 550 OFFICER BARTER RETURNED WITH ONE UNDER ARREST 2007/09/30 00:47 Amato, Jaimie 550 CAR 9 TRANSPORTED ONE TO LGH, SM 64045, EM 64049 Call Takers Remarks: Create User ID: Date&Time No Caller Remarks Listed i I i Incident Number:2007000019451 Page 7 of 7 PIFormSingle v3.6.2/CR10 Rev.07/07/07 Law Office Of ALBERT P. MANZI III ATTORNEY AT LAW 24 Main Street North Andover,Massachusetts 01845 Tel.978-681-6618 Fax 978-681-6628 www.niatiAaw.net OF COUNSEL Nicole Reilly,Esq.(MA) November 7, 2007 VIA FACSIMILE AND US MAIL Mark Rees,Town Manager Mark J.T. Caggiano, Esquire, Chairman North Andover Licensing Board 120 Main Street North Andover, MA 01845 RE: Millennium Eatery, Inc. d/b/a Beijing Restaurant Gentlemen: Pursuant to my conversation with Mr. Rees and as you are likely aware this office represents Millennium Eatery, Inc. d/b/a Beijing Restaurant. Please direct future communications to this office until further notice. Very truly yours, 6e, zlct Albert P. Manzi III, Esquire cc: Thomas J.Urbelis,l?squire 1\4illennium Eatery,Inc.d/b/a Beijing Restaurant - --NOV. 13. 2007 3 : 27PM URBELIS & FIELDSTEEL N0, 773 P. 2 URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACxUsews 02110-1727 Telephone 617-335-2200 Andover THOMAS J.URDELIS P Telephone 978-475-4552 e-mail tju @Uf law.com 'T,'elecopier 617-335-0122 November 13, 2007 By Fax Albert p. Manzi, III, Esq, 24 Main Street North Andover, MA 01845 RE: BEIJING RESTAURANT Dear Al, This is a courtesy notice that on November 19, 2007 the North Andover Licensing Board will have a preliminary hearing to determine whether to commence a fonraal hearing for action on your client's alcohol beverage license with regard to a recent incident at the Beijing Restaurant. Very truly yours, Thoma jibelis TJU/kmp cc: Marls Rees (by fax) w:\wp5lbvork�n.artdeYO\COIT<Sp\m¢nxi.lt�S•DCa�l11$d0� ''., DRAFT OUTLINE 11/15/07 Via eFiling November 20, 2007 Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE,Room IA Washington, DC 20426 Ike: Comments on Scope of Environmental Impact Statement for Proposed East to West Hubline Expansion Project(Docket No. PF'07®000) Dear Ms. Bose: The Town of North Andover("North Andover") appreciates the opportunity to comment on the scope of the environmental impact statement("EIS")to be prepared by the Federal Energy Regulatory Commission(the"Commission") for review of the proposal by Algonquin Gas Transmission, LLC ("Algonquin") for an East to West Hubline Expansion Project(the"Project"). North Andover's concerns focus on the element of the proposal that would likely involve construction and operation of a new 10,300-horsepower(hp)natural gas compression facility(the "Gas Compression Facility") on 8.2 acres of a 157-acre parcel of undeveloped land in Boxford,Massachusetts(the"Boxford Site"). At the same time, Algonquin is also considering an alternative, 50-acre site in Danvers, Massachusetts (the "Danvers Site") located northwest and adjacent to the Danvers Landfill. At the outset,we should note that North Andover supports expansion and upgrading of interstate natural gas transmission capacity in New England in order to provide the residents and businesses of our town and of other cities and towns in New England with more affordable natural gas for heating and more affordable and cleaner natural gas-fired electricity. Despite our general support for improved interstate natural gas transmission capacity, North Andover believes that the Boxford Site is an illogical location for the Gas Compression Facility and strongly encourages the Commission and Algonquin to aggressively and fairly consider viable alternatives. At present,the Boxford Site is a large,undeveloped open space, zoned for residential and related uses and surrounded by residential and other low-impact uses. The Boxford Site (and the 8.2 acre project site within it) is located adjacent and in close proximity to residents [and businesses] in North Andover. Access to the site by emergency vehicles is limited or nonexistent. A 10,300- hp gas compression facility would pose unacceptable threats to the sensitive environment in the vicinity of the Boxford Site,present an unwarranted nuisance to neighbors of the Kimberly D. Bose November 20, 2007 Page 2 project, and wreak a dramatic and permanent change in the character of the surrounding area. Accordingly,the Boxford Site, if considered at all for the Gas Compression Facility, should be considered only as a last resort after sufficient analysis of alternatives, only after careful study of all environmental and community impacts and only after careful elimination or mitigation of those impacts. We have reviewed the preliminary list of issues and alternatives presented on pages 7-9 of the Commission's October 16, 2007 Notice of Intent to prepare an EIS for the Project and propose the clarifications and additions set forth below. The list below does not encompass all impacts that should be studied in the EIS because the Commission's proposed list already included many issues of concern to North Andover. By the same token,North Andover expressly reserves its right to advocate for more detailed study of any of the issues set forth in the Commission's proposed list or the list below. 1. Water Resources a. Impact on Lake Cochichewick watershed, which affects the drinking water supply for over 30,000 residents of North Andover and surrounding populations b. Impact on Carter Field Beaver Swamp (and Blue Heron rookery conservation area) 2. Land Use, Recreation and Special Interest Areas, and Visual Resources a. Compatibility with local zoning regulations(a factor which should be considered regardless whether the Project is entitled to an exemption from such regulations) b. Impacts on recreational areas 3. Reliability and Safety a. Access for emergency services b. Traffic safety at affected intersections 4. Alternatives a. Assessment of Danvers Site for the Gas Compression Facility should be conducted at a level of detail(e.g., comparable level of engineering, geotechnical and other data)commensurate with that used in the analysis of the Boxford Site b. Assessment of other alternative sites for the Gas Compression Facility, including the site located at 1600 Osgood Street in North Andover, likewise at a level of detail commensurate with that used in the analysis of the Boxford Site c. Assessment of alternative technologies (e.g., use of multiple smaller electric turbines rather than large gas-driven turbines)that would have less environmental impacts Kimberly D. Bose November 20,2007 Page 3 [Any other issues that are either missing from the Commission's list or merit further clarification?] North Andover is grateful for the opportunity to share the comments above and looks forward to participating in the Commission's review of the Project. Sincerely, [who would the Town like to sign?] cc: Selma H. Unman, Esq.,Massachusetts Energy Facilities Siting Board [additional cc's?] I i ri j# t KEEGAN WERLIN LLP ATTORNEYS AT LAW 265 FRANKLIN STREET BOSTON, MASSACHUSETTS 02 11 0-3 1 1 3 TEL.ECOPIERS: '... (6 1 7) 95 1-1 354 (6 1 7)95 1-1 400 (6 1 7) 95 1-0586 '.. October 23, 2007 Mark Rees Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Mr. Rees,' ' Re: FERC Scoping Meeting Notification, PF07-15-000 - Algonquin Gas Transmission, LLC, East to West HubLine Expansion Project As you know, Algonquin Gas Transmission, LLC ("Algonquin") is planning an expansion of its interstate natural gas pipeline system with facilities being considered within your area. The proposed expansion is called the "East to West HubLine Expansion Project" (the "Project") and is necessary in order to transport new supplies of natural gas from Canada and offshore Massachusetts. These new supplies will enhance the reliability of energy supplies and pipeline system flexibility for the expanding markets in the New England and Northeast regions. Algonquin recently requested that the Federal Energy Regulatory Commission ("FERC") initiate an environmental review under the National Environmental Policy Act ("NEPA") Pre- Filing Process ("NEPA Pre-Filing Process") for the proposed Project. The FERC exclusively authorizes the construction of new facilities including the modification of existing facilities and is the lead federal agency responsible for conducting environmental reviews of interstate pipeline projects in compliance with NEPA. On September 10, 2007, the FERC granted Algonquin's request and issued a Pre-Filing docket number for the Project (Docket No. PF07-15-000). This is the first regulatory step to obtaining the multiple approvals to build this Project and provides stakeholders with an opportunity to review Project-related information and identify issues before any permit applications are filed. As part of its Pre-Filing Process, the FERC is required under NEPA to consider the concerns that the public may have about the Project and to consider the environmental impacts that could result from the proposed facilities. To that end, the FERC has scheduled the meetings listed below. These meetings will begin at 7:00 p.m. and represent an opportunity for the public to provide comments to FERC concerning the Project. October 23,2007 Page 2 Date Location Monday, November 5, 2007 Holiday Inn Boston-Randolph 1374 North Main Street Randolph, MA 02368 (781) 961-1000 Wednesday, November 7, 2007 Flights of Columbus Hall 505 Sutton Street North Andover, MA 01845 (978) 688-6812 Interested parties may also submit written continents. The FERC asks that parties send an original and two copies of their letter, referencing Docket No. PF07-15-000, by November 21, 2007, to: Magalie R. Salas, Secretary Federal Energy Regulatory Commission 888 First St., N.E., Room IA Washington, DC 20426 One copy of the comments should be labeled to the attention of"Gas Branch 2." Following the Pre-Filing Process, Algonquin will file a formal application for review and approval from the FERC. The FERC application is currently planned to be filed in the first quarter of 2008. After Algonquin files its formal application, FERC will seek further public comment and then issue a draft Environmental Impact Statement ("EIS") for the Project. A comment period will follow the release of the draft EIS, providing an opportunity for additional input from the public. FERC will review and consider all comments received on the draft EIS and issue a final EIS during its certificate review process. Algonquin encourages all interested parties to participate fully in the FERC Pre-Filing Process. Please let me know if you have any questions or require additional information. Sincerely, I Jon N. Bonsall, On behalf of Algonquin Gas Transmission, LLC cc: F. Gessner, Algonquin We are writing in reference to the Algonquin Gas Transmission Proposed Pr'O)' &,Pocket ° P1707-15. Algonquin has filed an application to construct and operate a new natural gas compression station in Boxford,Massachusetts. i p We have significant concerns with respect to the quality of life, environmental, and safety impacts of this project. In addition,we purchased our homes knowing that the-lap around us was zoned for residential uses and that commercial and industrial al used ouk nq�`;be ,_ allowed. In addition to the assessment already scoped by FERC, we believe the following impacts should also be assessed in determining if Boxford is the appropriate site for this project. We further recommend that these impacts not only be compared between the two current proposed sites (Boxford and Danvers), but also compared to the sites suggested by the North Andover Board of Selectmen as well as the other alternative sites in Middleton, Danvers and the seven sites previously proposed in Haverhill&Methuen in 2005/2006.: 1. Proximity to a protection area for a public water drinking supply which supplies water to over 30,000 residents. 2. Property zoning and variances required(if not federally regulated)for the project. 3. Proximity to airport landing/take-off paths. 4. Availability of emergency services in which the town/city the facility is proposed. 5. Distance/road condition emergency service vehicles would need to travel to reach site. 6. Length and maximum grade of the access road to reach the site. 7. Safety of the driveway intersection(grades/sight lines @ Bradford St/Barker Rd). 8. Roadway width, availability of sidewalks, sight lines,and roadway grades of travel routes for workers and construction vehicles(Bradford St/Barker Rd). 9. Proximity and location of vegetated wetlands and vernal pools(downhill from facility). 10. Elevation of site with respect to surrounding area(see attached map). 11. Amount of tree clearing required to construct site and access roadway. 12. Consideration of recreational uses(golf course)as well as homes. 13. Proximity to wildlife and the impacts of noise and land disturbance forcing them closer to homes. 14. Existing noise,light,and air quality conditions of the site. 15. Road access to facility—liability issues related to access. Barker Road owned by Town of North Andover and private landowner who is opposed to proposal. If the Boxford site which is located in an environmental sensitive and residential zoned area is found to be suitable for the proposed industrial use, the following measures should be implemented to protect the surrounding neighborhoods and the environment. L Applicant to provide funds to the towns of North Andover and Boxford to hire a third- party reviewer to perform independent pre-and post-analyses of the project impacts (particularly safety,noise, air,and water quality). P 2. The use of multiple smaller electric compressors rather than one large natural gas driven turbine. 3. Construction of a heavily insulated concrete building to house the compressors. 4. Construction of an earth sound barrier on all sides of the site facing residential homes. 5. Locate the site in the northeast valley of the site between Mount Hayman and Maiden Hill as far from the area homes as possible. 6. Create a deeded conservation area that includes the watershed area for North Andover's drinking water supply as well as the land to the southwest of the existing gas and power lines abutting residential homes. 7. Commit to provide a full environmental study to ensure potential future changes to the facility will not further impact the environmental sensitive area. 8. Enforce a more stringent requirement than the 55 db level at the closest receptors(homes and golf course)due to the current land use,zoning, and environmental impacts. 9. Create an access driveway such that construction and emergency vehicles would not need to travel through the narrow roadways of an abutting residential community to access the site as well as traverse a long steep site access driveway. 10. Only the facilities that need to be located on the site should be allowed to by-pass current local zoning requirements. All accessory uses such as office space, storage areas,etc.should be located off-site at a location zoned for such uses. Finally, r y, a part of the impact assessment study, the distribution list for the previous mailings sent to the area residents and property owners located within % mile of the site should be provided. The land in which the current owner controls is much greater than the 30 acres described to be used for the project facility. The parcel as a whole should have been considered and all residents and property owners within 1/ mile of this boundary should have been previously notified of the project. Since this project is to be jointly filed with MEPA,Massachusetts environmental review policy indicates that properties cannot be separated or segmented in the assessment of the projects environmental impacts (301 CMR 11.01 c). We hope these comments and suggestions are included in the project impact assessment scope to better determine the impacts of the project and to protect the surrounding neighborhoods and environment of the industrial type use proposed on residentially zoned land. Sincerely, Concerned Citizens of Boxford&North Andover sbac(i�stopboxfordL-ascompressor.com cc: Magalie Salas — FERC, Kimberly Bose — FERC, Selma Urman- MEFSB, Governor Deval Patrick, Senator Steven Baddour, Senator Bruce Tarr, Senator John Kerry, Senator Edward Kennedy, State Rep David Torrisi, State Rep Barbara L'Italien, Mark Rees — North Andover Town Mger.,Selectmen—Towns of Boxford &North Andover. i James&Stacie Selfridge 13 Maple Ave North Andover,MA 01845 November 9, 2007 Mark Rees Town Manager Town Of North Andover 120 Main Street North Andover,MA 01845 Dear Mr.Rees: I am again writing to you in regards to a handicap space for my daughter,Brynn,in front of my house at 13 Maple Ave. Sergeant Soucy contacted me and informed me that this issue will come up at the next town meeting on November 19a'. Unfortunately my wife,who is in nursing school,has class that night. Because my daughter requires special care I am trying to arrange for a nurse to sit with her that night so that I can attend,but in case that can not be arranged I would like to try to answer some anticipated questions that my arise that night. It's my understanding that one of the major issues will be how we will deal with snow removal from that spot. Simply stated,whenever it is snowing or a storm is due, our vehicles will be parked in the drive way and off of the street so that the plows can do their job as usual. Our intention is not to park a vehicle there all the time,just for transporting purposes as the front porch where the wheel chair lift is located is right off of the street. I will also be responsible for cutting a path thru the snow bank to the designated handicap spot on the street. I have always done this in the past,but having a designated handicap spot in front of the house would ensure that whenever my daughter is coming or going from the house there will not be another car parked in that spot where I have cut a path thru the snow bank from the sidewalk to the street. This will be especially helpful when the handicap bus that takes her to and from school picks her up or drops her off. Often,the bus has to search for a spot on the street during the winter where they can safely park while lowering the ramp to accommodate her wheel chair. At times it can be for 2 houses away. Again,this would ensure her easy access right in front of our house. I hope that this helps answer some questions in the event that I am not in attendance at the November 19a' meeting. Please feel free to contact me with any other issues that I have not anticipated. Thank you for your support in this matter. Sincerely James&Stacie Selfridge Dear Mr. Rees, My name is Rebecca Stone. I am a registered nurse working at 13 Maple Ave. I have been working as a nurse there for 2 years. The child I care for there,Brynn Selfridge is medically complex. She has a diagnosis of Cerebral Palsy,Epilepsy, seizures, and severe respiratory related conditions. Her illnesses require frequent trips to the hospital via ambulance. On these occasions it is very difficult for them to access Brynn if there are people parked in front of the house. Having a designated spot left empty would make transportation for Brynn much easier. If you check town records you will see that Brynn has been picked via ambulance in a 911 emergency situation on frequent occasions. Brynn takes a special needs bus to school on a daily basis. Many times we have trouble loading her onto the bus due to cars being parked in front of her wheelchair ramp. Once again,having a designated parking spot in front of her ramp, for Brynn,would make this problem disappear. The property at 13 Maple Ave shares a driveway with the property next door. This frequently poses problems with transportation accessibility? The Father, James Selfridge is also handicapped. He has had multiple knee replacement surgeries due to cancer at a young age. He has difficulty walking distances, and has frequent falling episodes due to weakness. As you can see,this designated spot would allow for this family to care for their daughter and father much easier. Please consider this matter fully and with a generous heart. This little girl is a blessing from above, and anything that might make her life easier would be greatly appreciated. I Thank you for you time and consideration, Rebecca Stone RN James&Stacie Selfridge - } 13 Maple Ave North Andover,MA 01845 September 21,2007 j Mark Rees Town Manager _ Town Of North Andover 174 Sutton Hill Road North Andover,MA 01845 Dear Mr.Rees: I am writing to you at the suggestion of Sergeant Soucy with the North Andover Police Department. I would like to request a designated handicap parking space in front of my house at 13 Maple Ave for my disabled daughter who is 4'/Z years old. My wife and I have lived in North Andover for approximately 6 plus years. My daughter,Brynn,has a severe seizure disorder with developmental delays. She uses a wheel chair for transport and although I have a drive way our wheel chair ramp is right in front of the house with a lift to get her onto the front porch. My driveway is actually and easement with the house next to mine at 15 Maple Ave. Therefore it is not always convenient or accessible to transport my daughter to the bus or one of our vehicles. She attends the Franklin School and is in the Special Needs Program. Therefore she is picked up by the handicap accessible bus each morning Monday thru Thursday and dropped off each afternoon. A designated spot out front would allow her to board and disembark either a car or the bus to and from her lift. Also in the event of an emergency it would allow for easier and quicker availability to transportation. If you are able to check 911 calls to our house for emergencies you will see that over the last few years we have had no fewer than 25 emergency situations where she had to be transported to the hospital(in one instance she was med flighted to MGH in Boston). I have enclosed some supporting letters from her nurse at the Franklin School as well as one of our home nurses who helps care for Brynn. Also,you will find a copy of my daughter's handicap placard. Finally,if it makes a difference,I myself am also handicapped. Due to cancer a few years ago I have had 3 total knee replacements on my left leg as well as the tibia and femur of my left leg replaced with steel rods. So needless to say having this spot in front of my house would be beneficial to me as well. I have also included a copy of my handicap placard. Thank you for your support in this matter. Sincerely, James&Stacie Selfridge 09/17/07 Dear Mr. Rees: My name is Barbara Ann Donovan. I am the Preschool nurse for Brynn Selfridge who lives at 13 Maple Ave, North Andover, MA. Brynn is a beautiful four year old girl. She has a diagnosis of CP and a seizure disorder. Brynn is non- ambulatory with no use of any of her four limbs. She is difficult to carry due to her spastic, tonic, and clonic movements. It would be medically prudent to have a parking spot in front of her home to make a safe transfer from home to car. Brynn's father, James Selfridge is also handicapped with only minimal use of his light ?peg. It s important for him to have a space available in fi n�- ofhis home so that the distance he must ambulate with Brynn in his arms is as short as possible. A designated handicap space in front of Brynn's home would be the best way to optimize the distance needed to transfer her from home to car in the safest possible environment. Please consider designating a handicap space for the safety of Brynn Selfridge. Thank you for your support to the Selfridge Family. If you have any questions please contact me at 978-500-9353. Sincerely, .Ew Barbara Ann Donovan RN Preschool CUBS Program TOWN OF NORTH ANDOVER OFFICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH James Xenakis, Chairman a�ys?��° " �OO TEL. (978)688-9510 Mark J.T. Caggiano p FAX(978)688-9556 Daniel P. Lanen Thomas Licciardello Rosemary Connelly Smedile ^�r�o�°a�cy SACHUSB TOWN OF NORTH ANDOVER NOTICE TO MOTORISTS ALL NIGHT WINTER PARKING BAN WILL GO INTO EFFECT ON DECEMBER 1,2007, AT 12:01 AM In accordance with Chapter 40, Section 22, of the General Laws,the following parking regulation shall go into effect on December 1, 2007. 1. On or after the effective date of this ORDER, no person, except in the event of an emergency,shall park or permit any vehicle to remain unattended on any street or way in the Town of North Andover between the hours of 12:00 o'clock midnight and 6:00 o'clock AM, during the months of DECEMBER, JANUARY, FEBRUARY,AND MARCH. Parking on sidewalks at any time during the year, including the period of this ORDER is not permitted, except as noted below in section 2b, 2a. During the period of this ORDER,parking is allowed so that two tires are within 12 inches of the curb or sidewalk and a minimum of twenty feet away from an intersection or ten feet from fire hydrant, on the following streets, as indicated below. Stonington Street: Parking on even side only Saunders Street: Parking on odd side only Lincoln Street: Parking on even side only Perry Street: Parking on even side only Church Street: Parking on odd side only Ashland Street: Parking on odd side only Annis Street: Parking on even side only Thorndike Road (from Sutton Street to Troy Road): Parking on odd side only Marblehead Street (from Union Street to Middlesex Street): Parking on odd side only Union Street (from Beverly Street to Marblehead Street): Parking on even side only Norman Road: Parking on even side only 2b. During the period of the ORDER parking is allowed so that two tires are within 12 inches of the curb or sidewalk and a minimum of twenty feet away from an intersection or ten feet fi•om a fire hydrant on the even side of Beverly Street fi•om Middlesex to Union and on the odd side from Union Street to the Dead End. (No parking on either side of Beverly from Dana Street to Middlesex Street.) The sidewalk on the odd side of Beverly Street from Middlesex to Union Street is closed during the period of this ORDER. Residents may park on this sidewalk so long as no part of the vehicle is on the roadway. 3. Any violation of this ORDER shall be punished by a fine of$25.00. 4. EXCEPTION: If there is not a snowstorm,the above parking ban does not have to be observed on Christmas Eve, December 24,2007,and New Year's Eve December 31 2007. 5. No parking will be allowed in municipal parking lots for more than 48 hours. Vehicles in violation will be towed at the owner's expense. 6. No snow or ice shall be deposited upon any portion of a way open to public travel. Per order of the Revised: 12/10/07& 1/7/08 North Andover Board of Selectmen TOWN OF NORTH ANDOVER OFFICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH James M. Xenakis, Chairman Telephone(978)688-9510 Thomas Licciardello,Clerk ° . FAX(978)688-9556 Rosemary Connelly Smedile Mark J. T. Caggiano Daniel P. Lanen 9SSgCNUSEt TOWN OF NORTH ANDOVER NOTICE TO MOTORISTS ALL NIGHT WINTER PARKING BAN WILL GO INTO EFFECT ON DECEMBER 1,2007,AT 12:01 AM In accordance with Chapter 40, Section 22, of the General Laws,the following parking regulation shall go into effect on December 1,2007. 1. On or after the effective date of this ORDER, no person, except in the event of an emergency, shall park or permit any vehicle to remain unattended on any street or way in the Town of North Andover between the hours of 12:00 o'clock midnight and 6:00 o'clock AM, during the months of DECEMBER, JANUARY, FEBRUARY, AND MARCH. 2 . During the period of this ORDER, parking is allowed on the street, as indicated below. Exceptions will be made if the vehicles are completely off the street or way and will not interfere with snow removal operations; however, vehicles cannot park on sidewalks unless permission is granted by the Police Chief. Beverly Street-No parking allowed on Beverly Street from Dana Street to Middlesex Street. Parking is allowed on both sides of Beverly Street from Middlesex Street to Union Street. No parking on all corners of intersections at Union and Beverly Streets. No Parking on the even side of Beverly Street from Union to the dead end section. Stonington Street- Parking on even side only Saunders Street- Parking on odd side only Lincoln Street-Parking on even side only Perry Street—Parking on even side only 3 . Any violation of this ORDER shall be punished by a fine of$25.00. 4 . EXCEPTION: If there is not a snowstorm, the above parking ban does not have to be observed on Christmas Eve, December 24, 2007, and New Year's Eve, December 31, 2007. 5 . No parking will be allowed in municipal parking lots for more than 48 hours. Cars in violation will be towed at the owner's expense. 6 . No snow or ice shall be deposited upon any portion of a way open to public travel. Per order of the North Andover Board of Selectmen Currently School Consolidated Municipal Budget/Finance Accounting Budget/Finance Human Resources Treasury Human Resources Purchasing Insurance/Risk Mgt. Purchasing Payroll Employee Benefits Payroll Accounts Payable Accounts Payable Legal Legal Technology Technology Facility Management Facility Management i Proposed School Consolidated Municipal Budget/Finance Accounting Budget/Finance Human Resources Treasury Human Resources Legal Insurance/Risk Mgt. Legal Accounts Payable Employee Benefits Accounts Payable Purchasing Payroll Technology Facility Management Steps Towards Consolidation ® Gain support of Policy Makers (Board of Selectmen/School Committee/Finance Committee) ® Document existing procedures/practices/policies currently in place in School and Municipal operations for provision of services proposed to be consolidated. ® Develop "Description of Services" for each Consolidated Service (existing and proposed). • Identify financial/personnel resources in School and Municipal budgets currently used to provide for proposed consolidated services. • Determine costs and savings to operate consolidated services. • Adjust current budget allocation formula (2/3rd/1/3rd) to account for consolidation of services. • Address supervision/accountability issues. • Implementation in FY09. NORTH ANDOVER FINANCE COMMITTEE MEMORANDUM TO: NORTH ANDOVER FINANCE COMMITTEE FROM: BEN OSGOOD,EVA HAMORI,JEAN SULLIVAN SUBJECT: TOWN FACILITIES MANAGER DATE: 10/24/2007 With the intent to study areas within the town structure which might allow for changes in order to tighten financial controls, the Fin Com formed a subcommittee to review the viability of the creation of a town-wide Facility Manager position. Initially,we anticipated that in the broadest sense this Facility Manager would supervise the maintenance of, purchases for, and replacement of town facilities and related equipment. While the Finance Committee is not a policy-making body, it is within its purview to make recommendations for roles such as this and to present to the appropriate boards its suggestions for changes in policy and framework. Currently, town facilities and properties are maintained by individual departments, such as the Department of Public Works and the School Department. These properties,termed"903 accounts", have an assessed value totaling$114,482,000 for land and buildings. The replacement value for these facilities is estimated to be at least three to four times the assessed value. The expectation is that the creation of a Facility Manager role would allow North Andover to achieve greater financial control of existing facilities expenditures and capital improvements. As with the recently created Purchasing Manager position, such a role would allow for the centralization of functions and responsibilities. Additionally, it could provide leverage in the establishment of maintenance contracts and services. And, if the department size expands, it would allow for the hiring of specialists rather than generalists to fill well-defined roles within the department and could therefore save money by precluding the need to hire high-priced consultants such as architects for projects such as roof replacements. The Facilities Manager would also be tasked with keeping abreast of the public bidding laws and with instituting comprehensive building maintenance programs,thereby lessening the chance of problems such as legal issues related to compliance or sick Building-related health problems. According to the Town Charter, the creation of a position such as this would require the affirmative vote of four members of the Board of Selectmen and would not become effective until the position is funded by a vote of Town Meeting. During the benchmatking process, subcommittee members were in contact with the Facilities Directors/Managers of towns such as Andover, Danvers, Chelmsford, Hull and Wilmington. Andover provided us with a lot of information on their department, which they termed to be the "most sophisticated town Plant and Facilities Department" in the state. Their director, Joseph Piantedosi, explained that his department provides scheduled and routine maintenance to all Town and School buildings, building equipment,Parks&Grounds, Cemetery&Forestry,traffic signals& Town owned street lighting. They maintain the Town fuel depot, and all Town owned vehicles & motorized equipment and manage rentals in the old Town Hall, athletic fields and school gyms and auditoriums. The department is also responsible for managing all major building related capital projects and capital improvements for all areas of responsibility. In addition, they manage all contracts for energy purchases and manage all mechanical systems through 28 miles of fiber optic cable,providing systems monitoring,24 hours a day, seven days a week. Bob Levasseur, Danvers Buildings Supervisor, who has served the town for 20 years in their DPW Buildings Division,was just as enthusiastic about the role and importance of his department as Mr. Piantedosi was about the role of the Andover department. The Danvers department has responsibilities which are quite similar to Andover and Mr. Levasseur's department actually owns all the town buildings—including the schools. Their school buildings alone total one million square feet of space. The Danvers staff is responsible for approximately $350,000 worth of capital improvements annually, as well as for contracting and supervising all other capital improvements, which they estimate saves "hundreds of thousands of dollars"each year. The subcommittee also learned that the town of Lexington has instituted a facilities role, Wakefield's position is in process and Franklin is studying their options. These are only some of the towns in Massachusetts which have Facilities Departments. The International Facility Management Association (IFMA) has recently published their findings and forecasts for 2007. These trends underscore the importance of keeping up with the rapid pace of change in the facilities field,including regulatory acts such as ADA, emergency preparedness and disaster recovery, energy management and sustainability, maintenance and replacement issues surrounding aging buildings, emerging technology, and being proactive in the establishment of performance and measurement standards. We believe that by employing a qualified individual with the right education and background in the role of Facilities Manager, the Town will be able to create a facilities management infrastructure which will allow us to leverage our facilities expenditures,to better manage our very important land and buildings, and to plan for their maintenance and improvement in the most fiscally responsible way- 2 ORM UpRU(11M A 6, / nn WIM A IbR4 ,� CITY OF MELROSE Human Resources ORA R tE .January 2005 Title: Director Department: Information Technology Supervisor: Mayor, Superintendent Status: Full - Time, Department Head General: ® The Director oversees the planning and implementation of citywide computer technology throughout all city departments and directs required modifications to these computer systems. Duties: • Design and update citywide Melrose Information Technology Systems Plan. • Establish and maintain hardware, software and networking standards citywide. • Coordinate the purchasing, placement, licensing, repair and inventory of all technological equipment. This includes; hardware, software, telephone, wiring, service contracts and the procurement of technology assistants. • Coordinate necessary program modifications to new and existing computer applications such as City's Accounting, Budgeting, General Ledger, Payroll and Real Estate, Excise, Water/Sewer and Parking Ticket collections,public safety and school department applications. • Responsible for the telephone system, auto-attendant and voicemail system. • Coordinate the development of the Geographic Information System(GIS), including base map, data layers parcel layers,plotter and related data. • Oversight of City and School websites. • Responsible for the citywide wide area network(WAN). • Provide assistance to departments on software products to automate individual departments as required. • Responsible for preparing and managing the Information Technology Department budget for City and School. • Organize technology training programs for all city and school departments. • Assist in the implementation of technology curriculum K-12 and the infusion of computer technology into the various academic disciplines. • Coordinate software licenses system-wide. • 7x24 on-call support. • Responsible for support on Police/Fire Digital Voice Recorder. • Provide conflict resolution for I.T. decisions. • Serve as Co-Chair of the Melrose Information Technology Council. Education: • Bachelors Degree in Information Technology or related field. • MCP or MCSE certification required. • HTML programming preferred. • Knowledge of programming preferred. • Working knowledge of Windows NT, Windows 95/98/2000, local and wide area networking and TCP/IP protocols are required. • Knowledge of Unix is helpful • Working knowledge of the organization and operation of municipal departments on a functional basis and experience in municipal accounting programs preferred. Experience & Supervision: • Minimum of five years experience in management information systems that includes budgeting, system planning, network communications, telecommunications, operations and training. • Supervise a minimum of three full time employees. • Supervision of contracted vendors as needed. Memorandum of Agreement Reorganization of Information Technology This agreement is between the City of Melrose and the Melrose Public Schools. Purpose This agreement is for the purpose of reorganizing and consolidating the information Technology departments of the City of Melrose and the Melrose Public Schools. The City of Melrose expects to better manage technology enterprise-wide by improving the planning, funding, coordination, implementation and support of current and future technology initiatives. Current Organization Currently the City of Melrose and the Melrose Public Schools each have independent Information Technology departments. There is minimal sharing of resources and no combined planning for technology. The City Technology Department currently has a Director and support staff. The School Technology Department has no Director, a vacant Network Manager position and one Desktop Support Specialist. All budgeting and planning is done independently. Proposed Organization Under the leadership of one Director, the City and School Information Technology Departments would be combined under an enterprise wide department. All technology budgeting, planning, purchasing/acquisition and implementation would be decided and managed through this department. This combined department would have dedicated City and School support staff divisions. Each division would assume total responsibility for all support within either the schools or city. Any cross divisional support will be at the discretion of the Information Technology Director. Lines of Supervision and Evaluation The Director of Information Technology City/School would report directly to the Mayor of the City of Melrose for City operations and all finances. All School operation reporting lines would be to the Superintendent. Responsibilities The responsibilities of each staff member are detailed below. Also please see the attached organizational chart. Information Technology Director Enterprise Wide General: The Director of Information Technology City/School oversees the planning and implementation of citywide computer technology throughout all city and school departments and directs required modifications to these computer systems. Duties of the Director of Information Technology shall include, but are not limited to the following: • Design and update citywide Information Technology Systems Plan. • Coordinate the purchasing, placement, licensing, repair and inventory of all technological equipment and services. This includes; hardware, PC software, telephone, wiring and service contracts. • Coordinate necessary program modifications to existing computer applications such as City's Accounting, Budgeting, General Ledger, Payroll and Real Estate, Excise, Water/Sewer, Parking Ticket collections, public safety and school department applications. • Responsible for the telephone system, auto-attendant and voicemail system. • Coordinate the development of the Geographic Information System (GIS), including base map, data layers, parcel layers, plotter and related data. • Oversight of city and school websites. • Provide assistance to departments on software products to automate individual departments as required. • Responsible for Information Technology Department Budget for City and School • Organize technology training programs for all city and school departments • Coordinate software licenses system-wide. • 7x24 on-call support • Responsible for support on Police/Fire Digital Voice Recorder • Provide conflict resolution for I.T. decisions i Systems Administrator Information Technology Under the direction of the Information Technology Director, the Systems Administrator is responsible for the day to day operations of all the City's information technology systems. Provide support and maintenance of all enterprise servers. Support all enterprise business applications, load upgrades, patches and updates. Provide basic support for PBX (phone system). Assist in the maintenance of the City of Melrose website. Provide desktop support for City employees. Develop curriculum to properly train and enhance the computer skills of employees and provide assistance to other departments in the preparation of PC applications. Install, upgrade, set-up clients software/hardware or other peripherals. Perform troubleshooting to isolate and diagnose problems. Respond to inquiries and requests for assistance with technical support. Perform other related duties as necessary. Information Systems Specialist Information Technology Installs new software releases, system upgrades and deployments, evaluates and installs patches and resolves software related problems. Performs system backups and recovery. Maintains data files and monitors system configuration to ensure data integrity. Familiar with standard concepts, practices, and procedures within the I.T. field. A certain degree of creativity and latitude is required. Provides support to end users on a variety of issues. Identifies, researches, and resolves technical problems. Responds to telephone calls, email and personnel requests for technical support. Tracks and monitors the problem to insure a timely resolution. Assists the Director with the preparation of Information Technology budgets. Maintains appropriate websites. Technology Technician Information Technology Provides support to end users on a variety of issues. Identifies, researches, and resolves technical problems. Responds to telephone calls, email and personnel requests for technical support. Tracks and monitors the problem to insure a timely resolution. Has knowledge of commonly-used concepts, practices, and procedures within the I.T. field. Assists the Information Systems Specialist with deploying of software, system upgrades and patches. Help Desk technician Information Technology Coordinate the help desk line by systematizing the help desk database and assisting employees with technological difficulties. Serve as Tier 1 help desk support. Perform accounts payable functions, insuring invoice accuracy and processing for payment. Assist the Director in maintaining budget for Information Technology Department. Assist with special projects such as surveys of local Information Technology Departments, grant applications and other projects. Perform general administrative functions -filing, faxing, typing letters and ordering supplies/equipment. Other duties as assigned by the Director of Information Technology. Technology Council City of Melrose Responsible for following the Technology Council charter and these additional functions: • Advise the Director of Information Technology in developing technology policy • Advise the Director of Information Technology in developing a strategic long term technology plan • Act as volunteers during NetDays, assisting the IT department in advancing the Technology Plan • Provide community and departmental input to the Director of Information Technology communicating any needs and/or concerns. ® Advise the Director of Information Technology in identifying any technological requirements. This may take the form of serving on subcommittees, assisting with surveys or other duties City of Melrose Name Title Signature Date Melrose Public Schools Name Title Signature Date Commonwealth of Massachusetts E DEPARTMENT OF HousING A _ COMMUNITY DEVELOPMENT Deval L.Patrick,Governor A Timothy P.Murray,Lt.Governor ♦ Tina Brooks,Undersecretary i U I P t j October 26, 2007 r Mark Rees Town Manager Town Offices 120 Main Street North Andover, MA 01845 Re: Osgood Smart Growth Overlay District Letter of Approval Dear Mr. Rees: Pursuant to MGL, Chapter 40R and 760 CMR 59.05(4), I am pleased to issue this non-expiring Letter of Approval to the Town of North Andover (Town) for its adoption on June 4, 2007 of the Osgood Smart Growth Overlay District (District). The District allows for the construction of 530 Incentive Units. The Town is entitled to a $600,000 Zoning Incentive Payment from the Smart Growth Housing Trust Fund established by outside section 26, subsection 35AA of Chapter 149 of the Acts of 2004. This Letter of Approval is subject to the following conditions: 1. If a building permit has not been issued for a Bonus Unit in the District within three years of the date of the Zoning Incentive Payment, or if a building permit was issued within such three-year period, but no certificate of occupancy for such Bonus Unit was issued within two years thereafter, the Town must submit satisfactory evidence, in the form of certification by the Plan Approval Authority, zoning enforcement officer or public works official, of the start of construction within that time period of one or more Projects as defined by 760 CMR 59.02, or be subject to revocation under 760 CMR 59.07(3) and the repayment of monies under 760 CMR 59.06(3). The start of construction requires evidence satisfactory to the Department of Housing and Community Development (DHCD) that construction activity has occurred in good faith on the Project, such as the pouring of foundations or footings, or utility relocation, or the remediation of hazardous materials on the site, and provided that such construction is continued through to completion. The three-year time period is extended by the time that a Project on which construction would otherwise have started within the three-year time period is subject to legal or administrative appeal or challenge, or if the proponent is actively pursuing other required permits or there is other good cause for the failure to start construction. 2. The Town designates a smart growth reporting officer required by MGL, Chapter 40S. Such officer is responsible for preparing a smart growth address list, based on occupancy permits issued in the District, and transmitting such list and supporting documentation to DHCD. 1 100 Cambridge Street,Suite 300 xvww.mass.gov/dhcd Boston,Massachusetts 02114 ' 617. 73.1100 3. The Town designates the municipal official responsible for filing an Annual Update with DHCD on or before July 31 of each year. The Annual Update shall contain the information specified 760 CMR 59.07. 4. Prior to the issuance of a building permit and marketing of a unit for a Project within the District, the affordable units shall be subject to an Affirmative Fair Marketing Plan approved by DHCD. Such Plan must describe the resident selection process for the affordable units and must set forth a plan for affirmative marketing that provides maximum opportunity to low or moderate income households, including minority households. In order to receive the $600,000 Incentive Payment, the Town must execute a Commonwealth of Massachusetts Standard Contract Form. Please contact Don Schmidt at (617) 573-1363 to discuss the process for completing this contract. Sincerely, Tina Broo s Undersecretary cc: Robert Ritchie, Esq., Office of the Attorney General Curt Bellavance, Community Development Office John Smolack, Esq. Senator Steven A. Baddour Senator Bruce E. Tarr Representative David M. Torrisi Representative Barbara A. L'Italien 2 Town Manager's Session Executive Comments November • Memo To: Board of Selectmen From: Mark H. Rees, Town Manager Date: November 19, 2007 Re: Manager's Report—Week ending November 17, 2007 II EXECUTIVE SESSION IIA Collective Bargaining: Enclosed is a letter from Town Counsel Urbelis discussing a recent court case in which a retired employee was denied coming back on to the town's health insurance plan after initially declining the benefit when first retired. The court ruled that this denial was appropriate since the governing body had adopted regulations prohibiting this practice. There are pros and cons to adopting a similar rule in North Andover that the Board should discuss. • Page 1 URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 617-338-2200 Andover e-mail tju @uf-law.com Telecopier 617-338-0122 - -Telephone 978-475-4552 FFv_ �August 13, 2007 :4° Mark Rees, Town Manager OF �= Or > '�'`� MANAGER North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: HEALTH INSURANCE Dear Mark: i Last week the Supreme Judicial Court decided Cioch v. Treasurer of Ludlow. This decision, pursuant to G.L. ch. 32B, upholds the right of the Board of Selectmen to adopt a policy or regulation (or town meeting to adopt a bylaw) which bars a retired municipal employee from enrolling in group health insurance if the retiree did not opt to enroll in the coverage at the time of retirement: The plaintiff, a retired teacher, took coverage under her husband's employer's group health insurance policy at the time of her retirement. Later, when the husband retired, the plaintiff and her husband sought to obtain coverage under the town's group policy. When Ludlow denied enrollment,plaintiff brought suit. The Court decided that the town is free to adopt a policy limiting enrollment to active employees, provided the policy provides for continued coverage of those employees during their retirement. Please call if you have any questions. Very truly yours, Thomas J. U elis TJUllcmp cc: Board of Selectmen School Committee Raymond Santilli Lyne Savage Charles Salisbury w:\wp51\tvork\n-andove\eorresp\rees.ltr-health ins.doc Page 1 of 1 Johnson, Adele From: Rees, Mark Sent: Monday, November 19, 2007 10:20 AM To: Bradshaw, Joyce; Bellavance, Curt; Martineau, William; Richard M. Stanley; Santilli, Ray; Hmurciak, Bill; Savage, Lyne; Yarid, Jennifer; Boles, Garrett; Killen, Matthew Cc: Johnson, Adele; Robertson, Karen Subject: December Selectmen's meeting schedule To all; At tonight's Selectmen's meeting I intend to ask the Board to change its meeting schedule in December from the 3rd and the 17th to the 3rd and the 10th. This would allow the Selectmen to hold their tax classification workshop on the 3rd and their tax classification public hearing/vote on the 10th. Please let me know from your perspectives if this new meeting schedule creates any 'agita' for you, especially since the Selectmen will not be meeting again until January. Thanks, Mark Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 11/19/2007