Loading...
HomeMy WebLinkAbout2012-10-15 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 �;SdC.L+D xwa William F.Gordon,Chairman Rosemary Connelly Smedile TEL. (978)688-9510 Donald B. Stewart FAX(978)688-9556 Richard M. Vaillancourt Tracy M. Watson BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA OCTOBER 15,2012, 7:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. Open Session Minutes,as written,for October 1,2012 B. Executive Session Minutes,as written,for October 1,2012 IV. COMMUNICATIONS AND ANNOUNCEMENTS A. New Business Recognition—Licciardello Financial Services/Compass Capital Corporation V. PUBLIC HEARING A. Personnel Policy Amendments VI. CONSENT ITEMS A. Pay and Classification Plan for Exempt Employees B. Notice of Intention to Sell MGL c61A Land—Map 62,Lot 160 C. Affordable Housing Unit Resale,4 Harvest Drive,Unit 206(Oakridge-Maplewood Reserve) D, School Committee Remote Participation—November 1,2012 E, Appointments by Board of Selectmen 1) Zoning Board of Appeals 2) Economic Development Council 3) Poet Laureate Committee 4) Greater Lawrence Sanitary District F. FYI Budget Policy Statement G. FY14 Budget Calendar H. 2013 Annual Town Meeting 1) Schedule 2013 Annual Town Meeting for May 7,2013 2) Postpone 2013 Annual Town Meeting to May 21,2013 1. Request for Stop Sign Installation J. Request to Conduct Ceremony&Parade on Veterans Day,November H,,2012 VII. LICENSING COMMISSIONERS A. Merrimack College—Homecoming Weekend request for five(5)One-Day Licenses VIII. OLD BUSINESS IX. NEW BUSINESS X. PUBLIC COMMENT X1. TOWN MANAGER'S REPORT A. Five Year Financial Forecast Presentation at November 191h meeting B. Route 125 Economic Development Study C. Position/Vacancy Log X1I. ADJOURN Approval of Minutes BOARD OF SELECTMEN MINUTES OCTOBER 1,2012 CALL TO ORDER: Chairman William Gordon called the meeting to order at 6:50 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: William F. Gordon Chairman; Richard Vaillancourt, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Tracy M.Watson, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Richard Valliancourt made a MOTION, seconded by Rosemary Smedile, to move into Executive Session under MGL Chap 30A§21 (a)to discuss: Matters dealing with Collective Bargaining. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Richard Vaillancourt, and Tracy Watson yes. Vote approved 5-0. Richard Valliancourt declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Valliancourt made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of September 10, 2012, as written. Vote approved 5-0. Richard Valliancourt made a MOTION, seconded by Tracy Watson, to approve the Executive Session Minutes of September 10, 2012. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: Thank you from Melissa Powers and Family Selectman Tracy Watson read a letter of thanks from the Powers Family. Melissa Powers a former employee of the Town has been inflicted with MS and a successful fundraiser was held by the Town employees to help the family with expenses, November Elections Update—Town!Clerk Joyce Bradshaw Town Clerk Joyce Bradshaw gave an update on the upcoming Presidential election. Schools are closed on November 6, 2012. She is recommending the Polls open at 6:00 a.m. Absentee Ballots have been sent by e-mail to military that are overseas and residents will receive their ballots by mail. The Town Clerk's office will be open on Saturday, November 3,d, from 9:00 a.m. to 12:00 noon to assist the public. The last day to register to vote is October 17, 2012. Elderly and Disabled Tax Aid Fund The 2012 Annual Town Meeting voted to accept the provisions of MGL c60, §3D allowing the Town to establish an Elderly and Disabled Tax Aid Fund. This allows residents to voluntarily donate and pledge a dollar amount to help defray the real estate taxes of elderly and disabled persons of low income. A letter will be mailed out to residents with the February Excise Tax bills with a voluntary contribution attachment. Request for Proposals—Purchase and Development of Former Bradstreet School Property The draft Request for Proposals (RFP) previously presented to and approved by the Board has been further modified by staff and Town Counsel, with no substantive changes being made. Although public comments were solicited for a two week, none were received. The final RFP will be submitted to the Central Register, a weekly publication of the Office of the Secretary of the Commonwealth, as required on October 2, 2012 and published on October 10, 2012. Proposals will be due by 2:00 p.m. on Wednesday, December 5, 2012. Board of Selectmen Minutes October 1, 2012 2 CONSENT ITEMS: Ratification of Collective Bargaining Agreement between the Town and the I.B.P.O Local 454 (Police Lieutenants)for the period July 1, 2012—June 30 2015. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approves the collective bargaining agreement between the Town and IBPO Local 454—Police Lieutenant, for the period of July 1, 2012 through June 30, 2012. Vote approved 5-0. November Elections 1. Vote and Sign Warrant for Elections Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve and sign the Warrant for the November 6, 2012 Elections. Vote approved 5-0. 2. Vote to Open Polls at 6:00 a.m. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve to open the polls for the November 6, 2012 Elections at 6:00 a.m. Vote approved 5-0. 3. Approve List of Election Workers Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the list of Election Workers for the November 6, 2012 Elections. Vote approved 5-0. Acceptance of Donation from Peter Breen Excavating, Inc. Peter Breen Excavating, Inc. has offered to donate the company's services to demolition the single story wood framed structure at the rear of the former Bradstreet School. This structure has been deemed to be potentially unsafe. Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen accept the donated services of Peter Breen Excavating, Inc. to demolition the single story wood framed structure a the rear of the former Bradstreet School. Vote approved 5-0. Permission to erect a tent in front of the Original Burial Ground on October 21 2012 On Sunday, October 21, 2012 the Historical Commission, the Historical Society, and the North Parish Church will be offering programs at the Original Burying Ground to commemorate the founding of the Town on October 24, 1645. Permission is requested to erect a 10x10 tent on the triangle of land in front of the Original Burying Ground. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves the request to erect a tent on the triangle of land in front of the Original Burying Ground on Sunday, October 21, 2012. Vote approved 5-0. Acceptance of Donation to Fire Department from Edmund & Nancy Leland Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accept the donation to the Fire Department of$500 from Edmund & Nancy Leland for the purchase of safety equipment and send a letter of thanks. Vote approved 5-0. Acceptance of Donation to Fire Department from Converse Inc. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accepts the donation to the Fire Department of$1,000 from Converse Inc. for the improvements to the Fire Department. Vote approved 5-0. Halloween "Trick or Treat" Day and Hours Per the request of the Police Department, the Board of Selectmen is asked to approve Halloween "Trick or Treat"on Wednesday, October 31, 2012 between the hours of 5:00—7:00 p.m. Rosemary Smedile made a MOTION, seconded by Tracy Watson to approve Halloween Trick or Treat on Wednesday, October 31, 2012, but to amend the hours from 5:30—7:30 p.m. to accommodate working parents. Vote approved 5-0. Board of Selectmen Minutes October 1, 2012 3 Permission to hold"Great Strides: A Walk to Cure Cystic Fibrosis" at Drummond Park on May 18, 2012 Carol Bradstreet, Senior Director of Development of the Cystic Fibrosis Foundation, requests permission to hold the annual fundraiser walks at Drummond Park on Saturday, May 18, 2013. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the request to hold "Great Strides:A Walk to Cure Cystic Fibrosis" at Drummond Park on Saturday, May 18, 2013. Vote approved 5-0. Permission to hold the"20 Annual Cambridge Sports Union Rollerski Race"on Sunday, November 4 2012, starting at 9:30 a.m. on Milk Street James Doucette requests permission to hold the 24th annual Cambridge Sports Union Rollerski Race fundraiser on Sunday, November 4, 2012. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approves the request to hold the 24th Annual Cambridge Sports Union Rollerski Race on Sunday, November 4, 2012, starting at 9:30 a.m. on Milk Street. Vote approved 5-0. Request to Surplus Vehicles Per Town Policy regarding surplus material and equipment, Youth Services and the Police Department are requesting permission to surplus vehicles. 1. Youth Center Vehicle#205 Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approves the request of Public Works Director Bruce Thibodeau to surplus Youth Center Vehicle#205 per his memorandum to the Town Manager dated September 25, 2012. Vote approved 5-0. 2. Police Department Vehicle#301 Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves the request of Police Chief Gallagher to surplus Police Vehicle#301 per his memorandum to the Town Manager dated September 5, 2012. Vote approved 5-0. Appointments by the Board of Selectmen 1. Cultural Council Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoints Catherine Okoh to the North Andover Cultural Council for a term ending June 30, 2015, Vote approved 5-0. 2. Economic Development Council Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoints Rod Traficante to the Economic Development Council. Vote approved 5-0. 3. Cable TV Advisory Committee Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoints Brian Donahue to the Cable TV Advisory Committee for a term ending June 30, 2013. Vote approved 5- 0. 4. Greater Lawrence Community Action Council Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoints Pedro Aziz to the Greater Lawrence Community Action Council for a term ending June 30, 2015. Vote approved 5-0. 5. Youth &Recreation Council Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoints Holly Williams to the Youth and Recreation Council for a term ending June 30, 2014. Vote approved 5-0. LICENSING COMMISSIONERS: Hokkaido Restaurant, 1250 Osgood Street—All Alcohol Restaurant License and Entertainment License Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Board of Selectmen Minutes October 1, 2012 4 Tracy Watson made a MOTION, seconded by Donald Stewart, to open the Public Hearing for an All Alcohol Restaurant License and Entertainment License for Hokkaido Restaurant, 1250 Osgood Street. Vote approved 5-0. Discussion: Attorney Caroline Conway was representing Sam Lei in the purchase of the restaurant and now the application for an All Alcohol Restaurant License and Entertainment License for Hokkaido Restaurant, located at 1250 Osgood Street. The owners applying for the license is as follows: Director Sam Lei 60%, Director Xi Hong Lei 20%, and Director Cheng Jin Guan 20%. The owners have appointed a Full time manager John Ng with full authority and control of the premises. The owners have a solid business management team and will employ about 60 full-time and part-time employees. Several members of the Board asked if any of the owners or the manager had any affiliation with the previous owners of this restaurant. All stated that they had no affiliation of the previous owners and were aware of the restaurant's reputation. Town Manager Andrew Maylor asked the Board if they would separate the votes into two license votes. He also suggested that the management consider closing the live entertainment one-half hour before closing the restaurant. Attorney Conway and principle owner Sam Lei agreed to accommodate the closing the live entertainment one-half hour before the closing of the restaurant. William Gordon made a MOTION, seconded by Tracy Watson, to close the Public Hearing for an All Alcohol Restaurant License and Entertainment License for Hokkaido Restaurant, 1250 Osgood Street. Vote approved 5-0. Licensing Chairman Rosemary Smedile informed the owners and management team that this Board was very strict on serving alcohol to minors or over serving intoxicated people. All employees should be TIP certified and up-to-date on checking ID's for serving alcohol, not to accept any out-of-state ID cards and to install a sophisticated ID detection machine that would verify the authentic Massachusetts license or US passport. This would protect the restaurant and its employees as well. Donald Stewart made a MOTION, seconded by Tracy Watson that the Board of Selectmen acting as the Licensing Commissioners, hereby grant approval of an All Alcohol License Restaurant License for Hokkaido Restaurant, 1250 Osgood Street, North Andover. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson that the Board of Selectmen acting as the Licensing Commissioners, hereby grant approval of an Entertainment License for Hokkaido Restaurant, 1250 Osgood Street, North Andover. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Tracy Watson, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. TOWN MANAGER'S REPORT: Job Posting/Vacancy Log The Town Manager provided an updated job posting/vacancy log for the Board's review. Update on Facilities Master Plan Town Manager Andrew Maylor said that nine proposals were received in response to the Request for Qualifications for Owner's Project Manager Services associated with the renovation or replacement of the former police station structure, located at 566 Main Street, to construct a modern, state-or-the-art School Department Administration Building. After review and scoring the proposals, three finalist companies were interviewed. A consensus decision was to hire Municipal Building Consultants, Inc. of North Andover. Board of Selectmen Minutes October 1, 2012 5 Update on Stevens Estate Capital Projects Assistant Town Manager Ray Santilli gave an update on the Gate House Project at the Stevens Estate. Masonry work and new replacement windows went out to bid. The goal is to keep the building in good condition and return it to its full glory so that it will continue to make a profit. This year the Stevens Estate turned a profit. The Carriage House is zoned as residential. This building has to be stabilized with a replacement boiler. The goal is to invest in the building and then find occupancy. The town will look into rezoning it as office space and this will be explored before Town Meeting. Update regarding Stevens Pond The Town Manager Andrew Maylor read the recommendation from Bruce Thibodeau, Director of the Public Works Department. Recommendation is to manage and control the algae issue and have a plan in place for the 2013 season so that prompt action can be taken to eliminate another outbreak of algae. The Town has hired consultants Aquatic Control Technologies(ACT). This company has been used in the past for weed control for Steven's Pond. Scope of work to include: Base line monitoring/assessment & review existing data; Establish water quality&algae monitoring program; and Evaluate& recommend near& long term management strategies to control/reduce nuisance. In-pond strategies such as aeration, chemical application, and flushing will require Conservation Commission/DEP approval. ACT has already begun step one and when completed the Town will hold a public hearing in December and then another meeting in January to discuss short and long term plans. If these in-pond strategies meet approval of Conservation Commission/DEP then we make these submittals in February or March and a plan will be in place before the start of the 2013 season. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 8:10 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Richard Vaillancourt, Clerk of the Board Communications And Announcements 4�� 1 Certificate of Appreciation Presented to Licciardello Financial Services/ Compass Capital Corporation In appreciation for locating your business in the Town of North Andover. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen r,. October 15, 2012 ,ry William F. Gordon, Chairman i Consent Items Johnson, Adele From: Kathy Stevens [auntkate73 @gmail.com] Sent: Friday, October 12, 2012 1:56 PM To: Johnson, Adele Subject: BOS Anouncements for October 15 Adele Could you add this to the announcements section of the BOS meeting on 10/15. Thank you. Kathy Crowell Freeman Kathy Stevens 8') Academy Rd North Andover, MA 01845 Heritage Sunday at First Burying Ground, October 21"from IPM—3PM. In honor of the founding of Andover on October 24t", 1645 you are invited to explore our most important historic site, First Burying Ground, where the first church was located. Gravestone restoration techniques will be demonstrated by the Fanins,who have been working on restoration for several years under a C.P.A. grant. Learn about the history of the Burying Ground from the Historical Society's presentation. View the Historical Commission's 3 ft by 4 ft map of the stones in the Burying Ground. If weather is too rainy,presentation will be held at North Andover Historical Society. Call 978-686-403 5 after 12 noon if you are unsure about the weather. not,;ih secjetrary of State's office has tdetFrrrtfncd tout m NA em anl.a to and fronn urw;ip ai c>fa.e..,"'and cF 9icr',,nar,f.of c nib mz;tJon pr r f'e,to.http://www.sec.state.ma.us/pre/preidx.htm. 'lease cons€dec thta c;,nviron;ne nt before prinfin g this email. 1 Public Hearing TOWN OF NORTH ANDOVER PUBLIC HEARING NOTICE PROPOSED AMENDMENTS TO PERSONNEL POLICY Notice is hereby given that the North Andover Board of Selectmen's public hearing scheduled for October 1, 2012, has been rescheduled to Monday, October 15, 2012, at 7:00 p.m. in the Selectmen's Meeting Room, Town Hall, 120 Main Street, North Andover, MA. The purpose of this hearing is to receive comments on proposed amendments to the Personnel Policy for non union personnel. Copies of the proposed amendments are available in the Town Manager's Office at Town Hall. Andrew W. Maylor Town Manager TOWN QFMORTH ANDOVER PUBLIC,HE/4RINGt�IOTICE "PROPOSED AMENDMENTS TO PERSONNEL POLICY Notice is,hereby;given that the North Andover Board of selectmen's public,hearing scheduled for Octo-` bet t,2612,has been;rescheduled to Mapday,October 15, 2012, at 7:OD p.m,in the Selectmen's Meeting floom,Town Hall, 120 main street, North Andover, MA.. The purpose of this hearing is to receive com- ments,on proposed amendments to therPersonnel Policy for non union personnel. Copies of the proposed amendments are available in the Town Manager's Office at Town Hall Andrew W.Maylor Town Manager, ET—9121/12 >x • INTEROFFICE MEMORANDUM To: Board of Selectmen From: Andrew W. Maylor Cc: Cathy Darby Date: October 10,2012 Re: Personnel Policy Changes With the assistance of members of my senior staff, specifically Cathy Darby, I am recommending changes to the Personnel Policy effective October 15,2012. As you are aware the Personal Policy governs the workplace relationship between the Town and non-union employees. Please note that the draft policy was circulated to all non-union employees on two separate occasions as part of an information gathering and communication process. In many cases the input of these employees was incorporated into the policy. The proposed changes are identified in the policy with language in red representing additions(new language) and language that has been stFie en thFeu^" recommending proposed deletions. The modifications fall into two categories,substantive and grammatical/corrective. The substantive changes relate to a change in the benefits(non economic)currently provided to employees by the policy. Those changes include: • Modifying the Termination Process(Section III, F)to be more practical and consistent with what my experience has shown in the very rare case that termination is necessary. • Modifying the Additional Hours language in (Section IV, E)to make sure that there is a clear understanding that exempt employees will not receive compensatory time off for every hour worked beyond the traditional work schedule. The recommended modification does allow for the accrual of such time when an emergency or unusual situation arises that requires employees to work an extraordinary amount of additional hours. Currently the accrual and use of additional hours ranges from zero to 100+hours annually and there is no single standard for its use or accrual. • Employees will now be provided with a copy of the proposed Personnel Policy changes at least one week in advance of the public hearing so that they can review it and provide feedback. The grammatical/corrective changes include: • The Work Schedule has been changed to reflect the new hours of operation. • All references to the Assistant Town Manager as Human Resources Director have been eliminated. • All references to MIS have been replaced with IT(Information Technology). • All references to"handicap" have been replaced with"disability". • The workers compensation language as been modified to reflect current industry practices. • "Department Director" has been replaced with "Department Head". • Eliminated references to the Deputy Fire Chief. It should be noted that none of the changes effect monetary compensation in any way. If you have any specific questions regarding the policy or the proposed changes to the policy, please call me. Town of ort h Andover Personnel Policy Adopted, Octo . 5, 1 R�nr� �� Coon c�r► � n 2007 Revised eemxxx , Revised 1M .L.ay 21 2011 TABLE of CONTENTS About the Personnel Policy and Procedure.......................................................... 4 I. Introductory Policies................................................................................ 5 A. Recitals........................................................................... 5 B. Definitions....................................................................... 5 C. Human Resources Administration........................................... 7 H. General Employment Provisions................................................................. 7 A. Employment-at-will........................................................... 7 B. Equal Employment Opportunity............................................. 8 C. Disability Accommodation................................................... 8 D. Business Ethics and Conduct................................................ 9 E. Conflicts of Interest............................................................ 9 F. Confidentiality..................................................................10 G. Political Activities.............................................................10 H. Nepotism,Dating,and Fraternization.......................................11 1. Civil Service Law..............................................................1 l J. Effect of Partial Invalidity....................................................12 I11. Employment Status...............................................................................12 A. Employment Categories...................................................... 12 B. Deductions from Pay of Salaried Workers.................................13 C. Personnel Records and Data Changes.......................................14 D. Resignation.....................................................................15 E. Introductory Period............................................................ 15 F. Termination Process...........................................................16 G. Lay-off/Reinstatement.........................................................17 H. Exit Interviews................................................................. 17 IV. Work Conditions and Hours.....................................................................17 A. Work Schedules............................................................... 17 B. Meal Periods....................................................................17 C. Overtime........................................................................17 D. Compensatory Time...........................................................18 E. Additional Hours...............................................................18 F. Smoking........................................................................ 18 G. No Personal Projects.......................................................... 19 H. Non-solicitation................................................................19 V. Timekeeping/Payroll..............................................................................19 A. Timekeeping.................................................................... 19 B. Paydays.......................................................................... 19 C. Pay Deductions.................................................................20 D. Administrative Pay Corrections..............................................20 VI. Leaves of Absence................................................................................20 A. Family and Medical Leave Act Leave ..................................... 20 including Military Family Leave(FMLA) Town of North Andover Personnel Policy(last revised 10/15/12) 2 B. Military Leave..................................................................23 C. Personal Leave.................................................................23 D. Terminal Leave................................................................23 E. Unpaid Leave of Absence....................................................24 F. Small Necessities Act Leave.................................................25 VII. Employee Conduct and Disciplinary Action.................................................25 A. Employee Conduct and Work Rules........................................25 B. Customer Service..............................................................26 C. Workplace Attire...............................................................28 D. Drug and Alcohol Use/Drug Testing....................................... 29 E. Appropriate Office Conduct..................................................30 F. Accuracy of Employment Application......................................30 G. Attendance and Punctuality...................................................30 H. Computer Use..................................................................31 I. Internet/Email—Acceptable Use............................................33 J. Anti-Harassment............................................................... 34 K. Unlawful Harassment.........................................................35 L. Sexual Harassment............................................................35 M. Town Equipment and Property..............................................39 N. Workplace Monitoring and Inspections....................................40 O. Workplace Violence Prevention.............................................40 P. Safety............................................................................41 Q. Telephone Usage...............................................................42 R. Office Closure for Inclement Weather......................................42 S. Disciplinary and Corrective Action.........................................42 T. Complaint Resolution.........................................................43 VIII. Employee Benefit Program....................................................................44 A. Employee Benefits Overview................................................44 B. Longevity Increments.........................................................45 C. Clothing Allowance...........................................................45 D. Vacations........................................................................46 E. Holidays........................................................................47 F. Sick Leave......................................................................48 G. Bereavement Leave............................................................49 H. Jury Duty........................................................................49 1. Workers' Compensation Insurance..........................................50 J. Health Insurance...............................................................52 K. Educational Reimbursement.................................................52 L. Vehicle Use.....................................................................53 M. Benefit Continuation..........................................................57 N. Cafeteria 125c Plan............................................................58 O. Stevens Estate Director—Incentive Plan.................................. 58 IX. Amendment of Plans..............................................................................59 Employee Acknowledgement Form.................................................................60 Town of North Andover Personnel Policy(last revised 10/15/12) 3 About the Personnel Policy and Procedure This Personnel Policy is intended to serve as general guidance to all employees, managers, and Town officials. Where negotiated terms of collective bargaining agreements differ, the terms of the collective bargaining agreement will take precedence. The Town of North Andover and the North Andover Board of Selectmen reserve the right to exercise its discretion at any time to amend, modify, revoke, rescind or add to any section contained in this Personnel Policy. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. Town of North Andover Personnel Policy(last revised 10/15/12) 4 I. INTRODUCTORY POLICIES A. RECITALS Pursuant to the authority contained in Section 108A of Chapter 41 of the Massachusetts General Laws as amended by Article 11 of the Town of North Andover Special Town Meeting, dated December 12,2002,there shall be established plans,which may be amended from time to time by vote of the Town through its Board of Selectmen. (1) These plans specifically exclude any employees covered under collective bargaining agreements, and appointed employees covered under contractual agreements. (2)This Policy shall be reviewed annually by the Town Manager, or his designee, and any additions, deletions, or modifications presented to the Board of Selectmen for review and approval. Any personnel question not specifically covered by the provisions of this Policy shall be addressed in accordance with the discretion of the Town Manager. (3)In the event that any provision of this Policy is in conflict with any federal or state law or regulation, or any order, determination,ruling or regulation of a federal or state executive or administrative agency or court,this policy shall be modified to conform to the law, regulations, or order existing at that time. Such law,regulation, order, determination or ruling will be considered to supersede this policy if timely action is required. B. DEFINITIONS As used in this Policy,the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth: Complaint Resolution Procedure: The complaint resolution procedure is a process for resolving disputes between an employee and the Town over the interpretation or application of the specific terms of this Policy. Continuous Employment: Employment uninterrupted except for any authorized leaves of absence including required military service. Department Head: The managerial employee appointed by the Town Manager, and approved by the Board of Selectmen, for the purpose of exercising immediate supervision and control of a division sub-function. Division Director: The managerial employee appointed by the Town Manager, and approved by the Board of Selectmen, for the purpose of exercising immediate supervision and control of a Division. Employee: An employee of the Town occupying a position in the classification plan. Town of North Andover Personnel Policy(last revised 10/15/12) 5 Evaluation: Scheduled periodic review of an employee's performance. Exempt Employees: Employees who are paid a salary and are not subject to the minimum wage and overtime provisions of FLSA. Full-Time Employee: An employee retained in full-time employment. Hearing Officer: A person designated by the Town Manager to preside at a pre-termination hearing as provided for in this Policy. Introductory Period: The first six months of employment in a position, or extensions thereof, as provided for in this Policy. Longevity Pay: Compensation to an employee occupying a position in the classification plan in full-time continuous employment or regular part-time employment of five years or longer pursuant to the schedule as appearing in this Policy. Non-exempt Employees: Employees who are paid a fixed wage and are eligible for overtime pay in accordance with the provisions of FLSA. Permanent Employee: Subject to the provisions of at-will employment, an employee retained on a continuing basis in an ongoing, funded position. Permanent Employment: Subject to the provisions of at-will employment, employment for the Town that has required or which is likely to require the services of an incumbent without interruption for a period of more than six calendar months, either on a full-time or part-time employment basis. Promotion: A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade. Regular,Part-Time Employment: Employment for the Town for a minimum of 20.0 hours to a maximum of 37.4 hours per week for fifty-two weeks per year, less any authorized leaves of absence. Any person so employed is a regular,part-time employee. Temporary Employee: An employee who is hired as an interim replacement, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration for a period not exceeding six (6) calendar months or less than 20 hours/week. Temporary Employment: Employment for the Town which requires or is likely to require the service of one incumbent for a period not exceeding six calendar months, either on a full-time or part-time basis or less then 20 hours a week if more than six calendar months. Town: The Town of North Andover. Town of North Andover Personnel Policy(last revised 10/15/12) 6 Town Manager: The Town Manager is the Chief Administrative Officer of the Town appointed by the Board of Selectmen, as defined herein. C. HUMAN RESOURCES ADMINISTRATION (1) The Town Manager shall administer the plans and shall establish such procedures as he or she deems necessary for the proper administration thereof, and, subject to the approval of the Selectmen,may designate a Human Resources Director and assign him/her such duties as the Town Manager deems necessary. (2) The Town Manager, or his/her designee,may employ assistance and incur expenses in conjunction with the implementation of this policy, as he or she deems necessary, subject to the appropriation of funds therefore. (3) The Town Manager, or his/her designee, shall maintain adequate personnel records of all employees occupying positions subject to ll°_is Polio= Pis; said records are to be kept in his or her custody._Department Head or Division Director shall provide such information as the Town Manager may request. (4) The Town Manager, or his/her designee, from time to time, shall investigate the work, features, and rates of salaries or wages of any or all positions subject to the provisions of this Policy. Such reviews shall be made at such intervals as the Town Manager or his/her designee deems necessary. II. GENERAL EMPLOYMENT PROVISIONS A. Employment-at-Will Employment with the Town of North Andover is voluntarily entered into, and the employee is free to resign at will at any time,with or without reason. Similarly,the Town of North Andover("the Town" or"the Employer")may terminate its employment relationship with any employee at-will at any time, with or without notice or reason,provided there is no violation of applicable federal or state law. The provisions of this Personnel Policy do not and are not intended to create a contract of employment between the Town and any of its employees, managers, and town officials,nor are they to be construed to constitute contractual obligations of any kind. Rather, they are provided for guidance purposes only. The provisions of this Policy have been developed at the discretion of Town management and, except for its policy of employment-at-will,may be amended, modified,revoked,rescinded or added to at any time, in the Town's sole discretion. This Policy does not and is not intended to create any enforceable rights or proITes of any kind with respect to the terms and conditions of employment. These provisions supersede all existing policies and practices and may not be amended or added to without the express written approval of the Town Manager and the Board of Selectmen. Town of North Andover Personnel Policy(last revised 10/15/12) 7 B. Equal Employment Opportunity In order to provide equal employment and advancement opportunities to all individuals, employment decisions are based on merit, qualifications, and abilities. The Town of North Andover does not discriminate in employment opportunities or practices on the basis of race, color,religious creed,sex gender, national origin, ancestry, sexual orientation,pregnancy, veteran's status, military service, age,marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. This policy governs all aspects of employment, including selection,job assignment, compensation, advancement, workforce reduction or transfer,leaves of absence, discipline,termination, and access to benefits and training. Town management will make reasonable accommodations for qualified disabled individuals with known disabilities,unless doing so would result in an undue hardship. Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of the Town Manager or the n ssistojit T.,.,,., Mefta er Human Resources Director. Employees can raise concerns and make reports without fear of reprisal or retaliation of any kind. Anyone found to be engaging in any type of unlawful discrimination or retaliation will be subject to disciplinary action,up to and including termination of employment. C. Disability Accommodation The Town of North Andover is committed to complying fully with Massachusetts and federal law concerning disabled persons and ensuring equal opportunity in employment for qualified disabled persons. All employment practices and activities are conducted on a non- discriminatory basis. Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position. Reasonable accommodation is available to all gipped disabled employees who are otherwise qualified,where their disability affects the performance of job functions, except when providing such accommodation imposes an undue hardship on the business operations of the Town. All employment decisions are based on the merits of the situation. If an individual needs an accommodation, it is his or her responsibility to advise the Town Manager or the Tewn /Human Resources Director. The Town may ask for suggestions in defining what special accommodations are needed, and employees must cooperate fully and engage in an interactive process to best identify a reasonable accommodation. Employees are required to cooperate fully with the Town in the procurement of medical records so that the Town can fully comply with the provisions of the Americans with Disabilities Act(ADA). Employees are required to supply any and all records the Town lawfully requests, and execute any medical authorizations or release forms provided by the Town or a medical care provider, consistent with the law. Town of North Andover Personnel Policy(last revised 10/15/12) 8 Qualified individuals with disabilities are entitled to equal pay and other forms of compensation as well as equal treatment in job assignments, classifications, organizational structures,position descriptions,lines of progression, and seniority lists. Leave of all types will be available to all employees without regard to their status as disabled. This policy is neither exhaustive nor exclusive. The Town is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with any applicable laws. D. Business Ethics and Conduct The successful operation of Town business and the reputation of the Town are built upon the principles of fair dealing and ethical conduct among employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. Our continued success in serving the Town of North Andover and its citizens is dependent upon our maintaining the trust of our citizens, vendors and service providers, and we are dedicated to preserving that trust. Employees owe a duty to the Town to act in a way that will merit continued trust and confidence. The Town regards ethical conduct with those organizations providing goods and services to the Town, and those organizations to which we provide goods and services, as paramount to the establishment of an effective working relationship. The Town will comply with all applicable laws and regulations and expects its officials and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. The integrity of all employees is an indispensable source of goodwill and must remain unquestioned. E. Conflicts of Interest Issues related to conflicts of interest are addressed in statements by the State Ethics Commission and M.G.L. c268A. Specifically, employees must avoid conflicts of interest between their obligation to the Town and their personal affairs. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the Town's business dealings. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the Town does business,but also when an employee or relative receives any kickback,bribe, gift, or special consideration as a result of any transaction or business dealings involving the Town. No employee should have an economic interest in, hold a position in, or maintain a relationship with any firm,person or corporation with which the Town does business or competes that could jeopardize the Town's interest. In general,the use of good judgment, based Town of North Andover Personnel Policy(last revised 10/15/12) 9 on the highest ethical principles,will guide employees with respect to lines of acceptable conduct. If a situation arises where a conflict may develop or where it is difficult to determine the proper course of action, the matter should be discussed openly with the employee's supervisor, the Town Manager, or the Assistant Town Manager as soon as possible so that safeguards can be established to protect all parties. In addition, an employee with questions, concerns, or issues related to conflicts of interest may contact the State Ethics Commission. Compliance with this policy of business ethics and conduct is the responsibility of every Town employee. Disregarding or failing to comply with appropriate business ethics and conduct could lead to disciplinary action,up to and including termination of employment. Nothing in this Policy shall be construed to conflict with Chapter 268A of the Massachusetts General Laws for conflicts of interest. F. Confidentiality During the course of employment by the Town of North Andover, employees may have access to confidential information relating to the Town, its business dealings, or its citizens. To the extent such information represents exceptions to public records as provided by the Secretary of the Commonwealth of Massachusetts and M.G.L. c4, §7,the transmittal of confidential information consisting of matters not generally known outside of the Town Offices is prohibited. Employees must utilize good judgment, common sense and caution at all times to avoid unauthorized or improper disclosures. Employees understand that any disclosure of confidential information without express approval from the Town Manager is expressly prohibited and is cause for disciplinary action,up to and including termination of employment, as well as possible criminal or civil action, even if they do not benefit personally from the disclosed information. In such event,the Town may be entitled to specific performance or injunctive relief as well as any costs incurred by the Town, including attorneys' fees. Employees are strongly encouraged to discuss any questions relating to confidential information relating to the Town of North Andover with their supervisor,the Town Manager, or the Assistant Town Manager. G. Political Activities It shall be the policy of the Town to appoint,promote, demote and remove all employees without regard to political considerations. The political opinions or affiliations of any resident shall in no way affect the amount or quality of service a resident receives from the Town In accordance with the Campaign Finance Laws, M.G.L. c55, Town employees shall not engage in any political activities including,but not limited to, campaigning for themselves or individual candidates, or campaigning for support of or opposition to ballot questions, during work hours, nor in uniform nor on Town property(except in locations designated by the Town Manager), nor using Town resources including office space, equipment,vehicles,uniforms, Town of North Andover Personnel Policy(last revised 10/15/12) 10 letterhead stationary, etc. Employees shall not directly or indirectly use or seek to use the authority or influence of their positions to control or modify the political action of another person. Any employee may, on his/her own time, and without the use of any Town resources, advocate for or against any ballot question or candidate. Town resources include office space, equipment,vehicles,uniforms, letterhead stationary, etc. Town employees may not give, solicit, or receive political funds in any T own oi'Noith Andover public building, and may not serve on any steering committee or as treasurer of any group that has as its purpose fund raising for any 'rO,v,of North Andover ballot question or candidate. Paid appointed public employees are prohibited from political fund raising at any time lair any North Andover ballot question or ca.ndidate,whether at work or not. Nothing in this section shall be construed to prevent Town employees from becoming or continuing to be members of any political party, club or organization; attending political meetings during non-working hours, and not in uniform; expressing their views on political matters during non-working hours; circulating petitions on public questions or voting with complete freedom in any election. H. Nepotism,Dating and Employee Fraternization When in the normal selection process,relatives of Town employees or officials are considered for appointment or promotion, the Town Manager shall be notified,in writing,by the Division Director or Department Head. No person shall be hired or promoted based upon their family relationship to another Town employee. No employee shall be in a position that supervises his/her relative, directly or indirectly. Any dating or romantic relationships that result in a direct or indirect reporting relationship must be reported through supervisory and management chains of command. In this connection,the Town reserves the right to adjust any work arrangements to avoid an actual or perceived conflict. This policy is not for the purpose of depriving any person of an equal chance for employment with the Town,but is solely intended to eliminate the perception of or potential for preferential treatment of the relatives of Town personnel. In this connection,the Town Manager may modify schedules, shifts, or work units to eliminate any potential for conflict. Relatives, for the purpose of this policy, shall include all members of the immediate family including spouse, domestic partner,parents,brothers, sisters, direct-line aunts and uncles and nieces and nephews, children, grandparents, grandchildren, and in-laws. I. Civil Service Law Nothing in this Policy shall be construed to conflict with M.G.L. c31 for employees classified as Civil Service employees. Town of North Andover Personnel Policy(last revised 10/15/12) 11 J. Effect of Partial Invalidity The invalidity of any section of this Policy shall not invalidate any other section or provision thereof. III. EMPLOYMENT STATUS A. Employment Categories It is the intent of the Town of North Andover to clarify the definitions of employment classifications so employees can understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time and do not in any way alter the"at-will"status of employment. As defined by the Fair Labor Standards Act("FLSA"), each employee is designated as either EXEMPT or NON-EXEMPT from federal and state wage and hour laws. An employee's EXEMPT or NON-EXEMPT classification may be changed only upon written notification from Town management. EXEMPT employees are paid a salary and are not subject to the minimum wage and overtime provisions of the FLSA because they meet the exemption requirements for executive, administrative, or professional and whose positions require the exercise of discretion and independent judgment and/or require decision-making regarding personnel. Additionally, certain other highly compensated employees (those earning over$100,000 per year) and computer professionals (including programmers, software engineers, and computer analysts) are included. Exempt employees are not entitled,therefore,to overtime pay. NON-EXEMPT employees are paid a fixed wage and are eligible for overtime pay in accordance with the provisions of the FLSA. A non-exempt employee who,with authorization, actually works more than regularly scheduled full-time hours during any weekly pay period may receive overtime pay at the rate of time and one half At the Department Head's discretion, an employee may be required to take compensatory time calculated at one and one-half times the number of hours worked in lieu of overtime pay. Overtime pay is based upon actual number of hours worked during the work week including holidays, vacations and personal days but does not include sick leave or other leaves of absence (see also Section IV-D, Compensatory Time). In addition to the above categories, each employee will belong to one other employment category: regular full-time or regular part-time. REGULAR FULL-TIME employees are those who are not employed on a temporary basis and who are regularly scheduled to work the full-time schedule of not less than seven and one-half hours a day, five days a week for 52 weeks per year, less legal holidays and any authorized leave of absence. Generally,regular full-time employees are eligible for certain benefits provided by the Town, subject to the terms, conditions, and limitations of each benefit program. Town of North Andover Personnel Policy(last revised 10/15/12) 12 REGULAR PART-TIME employees are those who are not employed by the Town on a temporary basis and who are regularly scheduled to work less than 37.5 hours per week for 52 weeks per year, less legal holidays and any authorized leaves of absence,with pro-rated employee benefits,with the exception that an employee working more than 20 hours weekly will be eligible to receive the same health insurance benefits as regular employees. Each employee holds a position that is either permanent or temporary. PERMANENT employees are retained on a continuing basis in an ongoing, funded position. TEMPORARY employees are those who are hired as interim replacements,to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration for a period not exceeding six(6) calendar months or less than 20 hours/week. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change in writing. While temporary employees receive any legally mandated benefits, they are ineligible for all other benefit programs provided by the Town B. Deductions from Pay of Salaried Workers The Fair Labor Standards Act (FLSA)is a federal law which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over forty(40) hours in a workweek. The FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative,professional, outside sales, and computer professional employees (1) Salary Basis Requirement: Subject to exceptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work. If the employer makes deductions from an employee's predetermined salary, i.e.,because of the operating requirements of the business,that employee is not paid on a"salary basis." If the employee is ready, willing and able to work, deductions may not be made for time when work is not available. Under the law, deductions from the pay of an exempt employee are permissible in the following circumstances: Unpaid personal leave in full-day increments other than for sickness or disability; Sickness or disability leave in full-day increments pursuant to the Town's plan,policy or practice of providing pay for salary lost due to illness; ♦ To offset amounts employees receive as jury or witness fees, or for military pay; Town of North Andover Personnel Policy(last revised 10/15/12) 13 ♦ Unpaid disciplinary suspensions of one or more full days imposed for workplace conduct rule infractions; ♦ Deductions in the first or last week of employment; and Suspensions for violations of safety rules of major significance. (2) Adherence to FLSA: It is the policy of the Town to comply with the salary basis requirements of the FLSA. Therefore,improper deductions from the salaries of exempt employees are prohibited. If an employee believes that an improper deduction has been made to his/her salary,the employee should immediately report this information to his/her supervisor or the ^ssistan4 Town Ma ag°r'Human Resources Director. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deduction made. Additionally, retaliation against those who make good-faith reports will not be tolerated. C. Personnel Records and Data Changes (1) The Town strives to maintain accurate records on all employees. It is the responsibility of each employee to promptly notify his/her supervisor or the Assistant To Maiiag Human Resources Director of any changes in personnel data. Personal mailing addresses,telephone numbers,number and names of dependents,name change,marital status, individuals to be contacted in the event of an emergency, and other such information should be accurate and current at all times. Failure to notify the Town of changes could affect an employee's eligibility for benefits and could impair the Town's ability to contact a friend or family matter if an emergency arises. (2) Materials originating from the Town that are derogatory to an employee's conduct, service, character or personality shall not remain placed in the personnel file unless the employee has had an opportunity to read the material within thirty days of it being placed in the file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed. Such signature does not necessarily indicate agreement with its content,but merely signifies that the employee has read the material to be filed. (3) The employee shall have the right to answer any material filed, and his/her answer shall be attached to the file copy. (4) If any material is placed in an employee's file without proper notice and opportunity to respond, said material shall be removed until such time as the employee has had an opportunity to reply. (5)In accordance with Massachusetts' law, any employee shall have the right to examine all material in his/her personnel file,if requested in writing by the employee. A copy of any such material shall be furnished to the employee at his/her request within five (5) days of the request. An employee or former employee may be required to reimburse the Town for photocopying costs. Town of North Andover Personnel Policy(last revised 10/15/12) 14 (6) Some personnel records and employee data may be subject to the Public Records Act and,therefore, subject to disclosure. D. Resignation Since employment with the Town is based on mutual consent,both the employee and the Town have the right to terminate employment at-will,with or without reason or notice, at any time. Departing employees will be paid all accrued but unused benefits, such as vacation time, at the time of resignation. Some benefits may be continued at the employee's expense,if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. Resignation is a voluntary act initiated by the employee to end employment with the Town. At least two (2) weeks written resignation notice is requested from employees. The provisions of this Policy do not and are not intended to create a contract of employment between the Town and any of its employees, nor are they to be construed to constitute contractual obligations of any kind. Rather,they are for employee guidance only. The provisions of this Policy have been developed at the discretion of the Town Manager and Town management, and, except for its policy of employment-at-will, may be amended,modified, revoked, rescinded or added to at any time, in the sole discretion of the Town of North Andover. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. E. Introductory Period The Introductory Period is intended to give employees in a new position the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether their new position meets their expectations. The Town of North Andover uses this period to evaluate employee capabilities,work habits, and overall performance. Either the employee or the Town of North Andover may end the employment relationship at will at any time during or after the introductory period, with or without cause or advance notice. The first six (6)months of employment after the date of hire in a new position are considered the Introductory Period. Any significant absence by the employee will automatically extend the introductory period by the length of the absence. If the Town Manager determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended only for a maximum of an additional 90 calendar days.No permanent employee shall serve more than one introductory period during his/her tenure of employment in a specific position. After completing the introductory period, employees will be eligible for Town-provided accrual benefits, subject to the terms and conditions of each benefits program. Eligibility for health insurance benefits begins on the date of hire. Town of North Andover Personnel Policy(last revised 10/15/12) 15 If an employee is promoted to another position, the first six (6)months of employment after entering the new position are also considered an Introductory Period. If,upon completion of this introductory period,an employee's performance in the new position is evaluated as unsatisfactory,he/she may return to his/her former position,if available. If the previous position is no longer available, every effort shall be made to provide similar or comparable employment. However,the Town does not have an obligation to provide such employment. F. Termination Process While all employees remain at-will employees at all times, generally,the following process will be followed in terminating employment: �xi{14 The Division Director, 'Town Manager or other designated supervisory administrator i;Vi ist provide a permanent employee (i.e.,non-introductory period)with written notification of their afty eeiitem lated—dismissal f good ,,,,a .uffi ie flt, o ra the. eeifi. S (i Within forty-eight hours after receipt of said notice, a permanent employee may submit,in writing, a request to discuss this action with the Hainan Resources Director or ti'ie TC?wn, Manager in the case of the dismissal of ek Division Director, the Assistant Town Manager or other Di paitinent lead that is s;xpenvised by the`Cows Manager. The Division Difee4e Human Resources Director,of Town Manager or either designee of ti-e;Town Manager will meet with the employee within three. (3)business days of said request . to discuss the reason for the tenninaticin.. the Tov�%Managef will pr-eside at this hearing. At this pr-e tefmination heafiiig, the pefmanent employee or-his�hef attoi:aey will ha-ve the oppeftanity to pfeselit reasons why the Town sho -- iiet disehafge said employee. Within te*days aftef the heafing,the Hear-ing Offieet:will notify Azhffievef possible, this evideflee shotild be pr-ovided tIffough witness testiffiefty. After-the To�A%'s witnesses er-present r-ele-vant evidmee that stippofts his�her-position. After-the heafing, the Towft Managef will iietify said effiplayee,in wfiting, of his�her-deeision within fifteen days. (-3)Where eir-eumstaffees nt and in eensider-afien of all f,ter-s, Tthe Town reserves the right to skip any or all of these steps and may, as circumstances warrant,move immediately to termination of employment. Town of North Andover Personnel Policy(last revised 10/15/12) 16 f 4}Employees may be placed in a paid or an unpaid status during the termination process at the discretion of the Town Manager. NOTE: MCiL e3 1, §4 1, defines a eivil sei=viee employee's en4itlemen4 to a he-. G. Lay-off/Reinstatement (1) In the case of a layoff, employees will be given a minimum of two weeks prior written notice. At the discretion of the Town Manager, employees subject to lay-off may be given two weeks pay-in-lieu of notice. (2) If an employee is reinstated within one year of his/her lay off,the employee will retain his/her number of years' service at the time of layoff. All benefits including retirement will resume accrual at the time of reinstatement. However,in no case will the employee receive credit for the period of the lay off. H. Exit Interviews The Town will generally schedule exit interviews at the time employment ends. The exit interview will afford an opportunity to discuss such issues as employee benefits, conversion privileges, and/or return of Town-owned property, such as tools,keys, gas cards, and identification cards. Suggestions, complaints, and questions can also be voiced. IV. WORK CONDITIONS AND HOURS A. Work Schedules The Town offices are open for business from 8:-300 AM to 4:30 PM, Monday, a'ednesdav and Thursday. t_:oiri 8:00 ANN to 6:001 PM on `Licsdati and 8:00 AM to 1.2 ISM_ on ugh Friday(with the exception of holidays). Regular full-time employees are expected to work t-,fily seven and one-half(37.5)hours per d-ay week based on'cbe aforeinentioned sonedrde between these hours,plus a 30-minute unpaid meal/lunch break Monday through"I`lni sday. Any modification to this Wwork Sschedule must be requested in writing to and approved by the Town Manager. Employees are expected to be at work,in their designated work areas, for the established hours each day. Employees are expected to arrive promptly at the start of their workday,take the appropriate allotted time for lunch and breaks. Lunch and break times may not be used to shorten the regular workday. Town of North Andover Personnel Policy(last revised 10/15/12) 17 B. Meal Periods In accordance with MGL 649, §100, each workday, regular full-time nonexempt employee and other employees who work more than six(6)hours per day are provided with an unpaid 30-minute meal break. C. Overtime When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. It is essential that all employees be available for overtime work,when necessary, and those employees have flexibility with regard to any personal or other professional commitments. All overtime work must be pre-approved, either verbally or in writing Overtime compensation is paid to all non-exempt employees in accordance with federal and state wage and hour restrictions. For non-exempt employees,payment is one and one-half (1%2)the employee's regular rate for hours worked in excess of the regularly scheduled full-time workweek schedule. Overtime pay is based on actual hours worked. Time off on accrued vacation time,holiday, sick/personal time or any other leave of absence will not be considered hours worked for purposes of performing overtime calculations. At the Department Head's discretion, an employee may be required to take compensatory time calculated at one and one- half times the number of hours worked in lieu of overtime pay. Failure to work scheduled overtime or working overtime without prior authorization may result in disciplinary action,up to and including termination. D. Compensatory Time At the option of the Department Head,non-exempt employees are eligible to receive compensatory time in lieu of overtime in conformance with the Fair Labor Standards Act (FLSA). Any compensatory time must be utilized within the subsequent 120-day period after when it is earned. As with any time away from work, employees must schedule the use of compensatory time with their supervisor. (See also Section III-A,Non-Exempt Employees) E. Additional Hours Exempt employees are not eligible for overtime or compensatory time. Exempt employees are expected to work the number of hours necessary to accomplish assigned duties and responsibilities. With regard to time sheet record keeping acid this policy,Additioaral. I-]ours are defirted as hours spent outside the "Work Schedule" as the result of an e nergencyj of extr arrdimav s*[tuation as deterniiried y the appropriate Division Director or the'rows Manager. Tthe recording of Aadditional I1hours worked is for informational purposes only and in no way should be construed that the exempt employee has accrued compensatory time or overtime to be taken as future leave or to be paid for. Town of North Andover Personnel Policy(last revised 10/15/12) 18 Exempt employees with the permission of their supervisor may, on occasion, take time off from tbc "Work Schedule" when the exempt employee has worked ae nbef of pfe approved Additional Hours . Time off from the "Work Sohedule" shall hn limited no un occasional half-day off oz less,but shall not include full days and/or weeks off. Any existing Additional Hours balances as of October 15, 2012, will tro longer be reported ozz1izne sheets oz used for time off after June 30, 11013. Any new balances reported mommencing October l6, 2Q}2, and thereafter will expire at the end of the calendar year iuwhich they were reported, F. Smoking The Massachusetts Smoke-free Workplace Law (MGL c270, §22)prohibits smoking in workplaces in order to protect employees and the public from second-hand smoke. Employees are permitted to smoke outside the building on their own time during the meal/lunch break. While there iaoo designated smoking area, auemployee smoking outside the building must he sufficiently far away from the Town premises aoasnot to disrupt ordisturb employees or visitors with second-hand smoke. The Town will not discriminate or retaliate in any manner against uneon|oyeewho makes ucomplaint for violations of this policy m for furnishing information concerning u violation toa person, entity, organization man enforcement authority. G. No Personal Projects During the workday, employees are not permitted to spend time oopersonal projects or work. H. Non-solicitation Employees must not solicit other employees for any purpose during working time. Employees are not permitted to distribute non-work related literature of any kind at any time in work areas. No information may be posted on Town bulletin boards unless approved by the Town Manager. I400-eoylnyena are prohibited from distributing literature of any kind or soliciting employees for any purpose ut any time ou Town premises. V. TIMEKEEPING/PAYROLL A. Timekeeping Accurately recording time worked im the responsibility ofevery employee. Federal and state laws require tbeIovmzto boop an accurate record uf time worked iu order to calculate employee pay and benefits. Daily time worked must ho reflected oo each employee's time sheet. Town ofNorth Andover Personnel Policy(last revised 18/lj/l2) 19 Employees must accurately record the time and submit bi-weekly time sheets. Employees must verify and sign off on his/her time sheet prior to its submission. Non-Exempt employees who report for work late or who work unauthorized overtime maybe subject to disciplinary action. Altering, falsifying, tampering with time records, or recording time on another employee's time record may result in disciplinary action,up to and including termination of employment. B. Paydays A bi-weekly pay period begins on a Sunday and ends on the second Saturday following. All employees are paid bi-weekly, on the Thursday following the end of the pay period. In the event that a regularly scheduled payday falls on a holiday, employees will receive pay on the last day of work preceding the regularly scheduled payday. In the absence of direct deposit, if a regular payday falls during an employee's vacation, the employee's paycheck will be available upon his/her return from vacation. Advanced vacation pay is not permitted C. Pay Deductions Massachusetts and/or federal law require certain deductions from every employee's compensation,including any applicable federal or state income taxes. Medicare must also be deducted from each employee's earnings,up to a specified limit. New employees are required to complete all applicable payroll and benefits paperwork prior to beginning their employment. As referenced in greater detail in other sections of this Policy, several benefits programs beyond those required by law are also provided. Eligible employees who choose to participate in these programs may voluntarily authorize deductions from their paychecks to cover the costs of participation. Employees who have any questions about the amount or manner in which deductions are made from their paychecks should speak with the Payroll Office. D. Administrative Pay Corrections The Town takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee must promptly bring the discrepancy to the attention of their respective supervisor and the Payroll Office so that corrections can be made as quickly as possible. This includes overpayment as well as underpayment. Town of North Andover Personnel Policy(last revised 10/15/12) 20 VI. LEAVES OF ABSENCE A. Family and Medical Leave Act including Military Family Leave(FMLA) (1)An employee who has been employed for twelve(12) consecutive months or who has worked 1,250 hours in the last twelve months is entitled to up to a total of twelve(12)weeks of family medical leave in one calendar year. (2) Family medical leave may be requested and must be granted for: (a) The birth of a child and to care for the child, or the adoption of a child under eighteen (18) (or over eighteen(18) if the child has a physical or mental disability and is unable to care for itself) and to care for that child; or (b) The care for the employee's spouse,parent, or child with a serious health condition. Child is defined as including biological, adopted, or foster children, stepchildren, or child of a person with legal guardianship or who has day-to-day responsibility to care for and financially support a child, even if there is no biological or legal relationship; or (c) The serious health condition of the employee that makes the employee unable to perform the functions of his or her position. Serious health condition is defined in accordance with the Family Medical Leave Act, 29 CFR Sec. 825.114. (3)Military Family Leave. Eligible employees may take up to 12 weeks of leave in any 12-month period for other Qualifying Exigencies connected with military service, and may take up to 26 weeks of leave in a single 12-month period if needed to care for a family member who is a Covered Service Member with a serious illness or injury incurred in the line of duty while on active duty. (a) Qualifying Exigency Leave—Up to 12 weeks of FMLA Leave is available for certain exigencies arising out of the fact that a covered military member is on active duty or called to active duty status in support of a contingency operation. The exigencies that may qualify for leave are: (1) Short-notice deployment; (2) Military events and related activities; (3) Childcare and school activities; (4)Financial and legal arrangements; (5) Counseling; (6) Rest and recuperation; (7)Post-deployment activities; and(8)Additional activities not encompassed in the other categories,but agreed to by the employer and employee. Qualifying exigency leave is available to a family member of a military member in the Reserves or National Guard; it does not extend to family members of military members in the regular armed forces. (b) Covered Service Member Care Leave—Leave to care for a family member who is a covered service member is limited to a one-time leave of up to 26 weeks within a single 12 month period. An eligible employee must be needed to care for a family member injured in the course of duty while on active duty with the military. The leave is available on a one-time basis for an injury or incident befalling that family Town of North Andover Personnel Policy(last revised 10/15/12) 21 member. For purposes of this leave only,the definition of family member is extended to encompass "next of kin"to the extent not already encompassed by the applicable definition of family member under the FMLA. (c)Definition of Covered Service Member—A "covered service member"is a current member of the Armed Forces, including a member of the National Guard or Reserves,who is undergoing medical treatment,recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating. (4) Except for caring for a newborn or adopted child,when necessary, leave may be consecutive, intermittent or on a reduced hour schedule. In the event of pregnancy, family medical leave will begin on the date of birth of the child unless the employee begins her leave on an earlier date when her physician deems her disabled. (5)An employee must notify the Town ManageT Human Resources Director,in writing, of their request for family medical leave,with a copy to their Division Director, at least 30 days in advance of the intended date upon which leave will commence and terminate,unless prevented by an emergency situation from giving that length of notice. (6) It is the obligation of the employee intending to use FLMA leave to provide the employer with sufficient information to determine that a requested leave qualifies for leave under this policy. The Town may request that employees on leave for a serious health condition to provide medical certification and/or records necessary, including an executed authorization to obtain medical records pertaining to the temporary physical disability, within the time required under the law. The employee may also be requested to provide medical recertification at various intervals. (7) Eligible employees may be required to complete medical certification forms that verify the employee's fitness for duty and ability to actively resume employment. Completed forms much be provided to their supervisors before employees will be permitted to return to work. The Town reserves the right to request additional medical documentation or require a fitness-for-duty examination, as may be necessary and consistent with applicable laws. (8)When requesting family medical leave,the employee should state which type of accrued leave to be utilized, if any. Although not required to do so, an employee on FMLA, shall be allowed to use accrued sick leave for the duration, and may use any accrued personal and vacation leave if sick leave is exhausted, for a total of twelve weeks. An employee requesting accrued leave to care for a family member shall be approved to utilize accrued sick leave for the first 30 days, or six weeks, and shall be pro-rated one day of vacation or personal leave for each additional week of leave requested. The other four days may continue to be deducted from accrued sick leave. Usage of leave under FMLA excludes application to sick leave banks. Town of North Andover Personnel Policy(last revised 10/15/12) 22 (9) The Town of North Andover will continue the employee's health benefits coverage during leave. If the Employee is in a paid status during all or part of the FMLA leave period, employee contributions for continued medical benefits at the regular employee rate will be deducted. For any period of FMLA leave where the employee is in an unpaid status,the employee can continue medical insurance coverage by making timely payments at the employee contribution rate. The employee will continue to accrue holiday,vacation and sick leave credits during paid leave. In the event that the employee exhausts all accrued leave,there will be no further accrual of holiday, sick or vacation leave. Seniority,however,will accrue during the term of the leave. An employee taking such leave is entitled to be restored to the same or an equivalent position as held by the employee when the leave commenced,the same status,pay, and length of service credit, and will be entitled to any other benefits the employee would have accrued had he/she not taken family leave. (10) So that an employee's return to work can be properly scheduled, an employee on FMLA leave is requested to provide the Town with at least two (2) day advance notice of the date he/she intends to return to work. An employee who has notified the Town of his/her intent to return from FMLA leave will be reinstated to the same or an equivalent position upon her return to employment,with the same status,pay,length of service credit and seniority as the position the employee held prior to the leave. If an employee's job was changed temporarily because of her pregnancy prior to leave(e.g.,her hours were reduced or her duties were changed as an accommodation), she will be restored to the same or similar position held prior to such temporary change, as possible. If an employee fails to report to work promptly at the end of the FMLA leave,the Town will assume that the employee has voluntarily resigned. (11) The Town may designate extended leave as Family Medical Leave, when appropriate. Nothing in this policy shall be construed to conflict with either the federal Family and Medical Leave Act or the Massachusetts Maternity Leave Act(MGL, c149, §105D). B. Military Leave Eligible employees who are absent from work while serving in the United States uniformed services are granted a military leave of absence in accordance with the Uniformed Services Employment and Reemployment Rights Act("USERRA") and Chapter 137 of the Acts of 2003, as adopted by the 2004 Annual Town Meeting. C. Personal Leave All employees, after completion of the Introductory Period,may,with the prior approval of the Department Head and/or Division Director, use up to four(4) days in each fiscal year for personal reasons. These days may be used to extend a vacation period, with advance notice and approval by his/her Division/Department Head. Except in cases of emergency,personal days require twenty-four(24) hours advance notice. Unused personal leave cannot be carried over into next fiscal year. D. Terminal Leave Town of North Andover Personnel Policy(last revised 10/15/12) 23 An employee whose service is terminated by retirement shall be allowed a portion of his/her accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring employee: (1)Twenty-five(25)whole years of continuous full-time service shall be considered 100% service. (2)An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years provided that in no case shall said leave be measured by more than 75 days accumulated sick leave or fifteen(15) work weeks,whichever is the lesser. For employees hired after August 1, 2007, said leave shall be measured by no more than 25 days accumulated sick leave or five(5) work weeks,whichever is the lesser. (3) Upon the death of an employee,benefits shall be paid to the estate of the deceased. E. Unpaid Leave of Absence The Town may grant primes leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfill personal obligations or to address emergency situations. (1) The Town Manager or his designee may, in his/her sole discretion, grant an employee's request for a leave of absence without pay for good and sufficient reasons. Such a leave shall, if granted, generally not exceed three(3)months,with an option to extend by an additional three(3)months. (2)An employee seeking a leave of absence shall submit a written request to the Town Manager explaining the reasons why a leave is requested, and how long a leave the employee is requesting. Such written request shall, except in case of emergency,be submitted to the Town Manager at least four(4) weeks prior to the date on which the employee wishes to start the leave. The Town Manager shall have the sole discretion as to whether to approve a request for a leave of absence, and as to the duration of any leave approved. Requests for unpaid leave of leave will be evaluated based on a number of factors, including anticipated workload requirements and staffing considerations during the proposed period of absence. (3)An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than a leave for military service shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefits. Subject to the terms, conditions, and limitations of the applicable plans,the health insurance benefits to eligible employees will be provided until the time the approved personal leave begins. At that time,the employee will become responsible for the full cost of their health insurance benefits if they wish coverage to continue. An employee can continue group health insurance coverage by paying the full premium cost in advance on a monthly basis. Town of North Andover Personnel Policy(last revised 10/15/12) 24 When an employee returns from personal leave,benefits according to the terms, conditions and limitations of the applicable plans will again be provided. (4)All leave accruals, such as vacation, sick, and personal time,will be suspended during the leave and will resume upon return to active employment. When an unpaid leave of absence ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, reinstatement cannot be guaranteed in all cases. An employee returning to work after an approved leave of absence will be placed at that step of the salary schedule at which he was being paid prior to said leave of absence. (5) Employees may be allowed up to 12 weeks unpaid leave per year for the serious illness of the employee or an immediate family member. Terms and conditions of this leave, including eligibility, are contained in the Family and Medical Leave Act of 1993 (See Section VI.A.) (6)If an employee fails to report to work promptly at the expiration of the approved leave period,the Town will assume the employee has resigned. F. Small Necessities Aet Leave Act In accordance with MGL c149, §52D, all employees will be permitted to take up to twenty-four(24)hours of unpaid leave in any twelve month period for the purpose of participating directly or indirectly in school activities of a son or daughter; to accompany a son or daughter to routine medical and dental appointments; or to accompany an elderly relative to routine medical or dental appointments. Although the leave is unpaid, employees may use available vacation or sick time to compensate for the absence. The SNA Leave may be taken all at once, intermittently, or on a reduced work schedule. Employees wishing to take SNA Leave must provide seven days written notice to their supervisors,where possible. If seven (7) days notice is not possible,notice must be provided as soon as practicable. VII. EMPLOYEE CONDUCT AND DISCIPLINARY ACTION This policy does not and is not intended to create a contract of employment between the Town of North Andover and any of its employees, nor is it to be construed to constitute contractual obligations of any kind. Rather, it is provided for the guidance only of employees, managers, and town officials. The provisions of this Policy have been developed at the discretion of the Town of North Andover and, except for its policy of employment-at-will,may be amended,modified,revoked,rescinded or added to at any time, in the sole discretion of the Town as approved by the Board of Selectmen. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. Town of North Andover Personnel Policy(last revised 10/15/12) 25 A. Employee Conduct and Work Rules To ensure orderly operations and provide the best possible work environment, employees are expected to follow rules of conduct that will protect the interests and safety of all employees and the organization. Employees are expected to be respectful of other employees at all times while on the premises or while representing the Town. Harsh language and rudeness are not acceptable. Professional and appropriate attitude and demeanor are expected at all times. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, including counseling,written warnings, suspension without pay,up to and including termination of employment*: ♦ Theft,vandalism or inappropriate removal or possession of property. ♦ Falsification of Town records. ♦ Working under the influence of alcohol or illegal drugs. ♦ Possession, distribution, sale,transfer, or use of alcohol or illegal drugs in the workplace. ♦ Fighting or threatening violence in the workplace. ♦ Boisterous or disruptive activity in the workplace. ♦ Negligence or improper conduct leading to damage of Town-owned property. ♦ Insubordination or other disrespectful conduct. ♦ Violation of safety or health rules. ♦ Smoking. ♦ Sexual or other unlawful harassment or discrimination. ♦ Possession of dangerous or unauthorized materials, such as knives,weapons, explosives or firearms in the workplace. ♦ Excessive absenteeism or any absence without notice. ♦ Unauthorized disclosure of confidential information. ♦ Inappropriate use of language and profanity. ♦ Violation of personnel policies. ♦ Unsatisfactory performance or conduct. ♦ Unexcused absenteeism or tardiness. ♦ Negligence in performance of duties. *This list is for illustration purposes only and is not intended to be an exhaustive list of possible infractions. Employment with the Town of North Andover is at the mutual consent of the Town and the employee, and either party may terminate that relationship at any time, with or without reason and with or without notice. Town of North Andover Personnel Policy(last revised 10/15/12) 26 B. Customer Service The Town of North Andover is committed to operating in an efficient customer service oriented manner throughout its entire operation. Excellent customer service results in a municipal organization meeting the needs of its residents and citizens in a consistent and professional manner. (1) Employee Responsibility—All employees of the Town of North Andover are to be made aware of the importance of customer service within the Town's operation. Employees must, at all times,be professional, courteous,understanding and polite in dealing with residents and citizens whether in person,by telephone, or in writing. Employees should be clearly aware that customer service abilities,in all levels of their work,will greatly impact employment evaluations and promotional opportunities. (2) Management and Supervisory Personnel—Leadership by example is a key component to excellence in customer service. Town management must continually promote in their actions, words and writings the paramount importance of customer service standards. Performance evaluations of management and supervisory personnel will be substantially impacted by the ability of the manager to provide high levels of customer service and the ability to train and supervise employees to do the same. (3) Standards of Performance—The Town recognizes that for a successful interaction with a citizen not only must the end result be satisfactory(i.e.,the citizen's concerns are adequately addressed or sufficient explanation given as to why the concern could not be resolved),the entire experience must be reflective of a quality organization. There are many aspects of our operations that must clearly be based in the ideal of excellent customer service. (4)Processes—There are many processes within town government that require formal procedures to be followed. Departments must strive to make these processes as simple as possible to access and complete. Simplification of forms, easy to read directions and short time lines are key examples of efforts that should be put forth to assure customer services oriented processes are in place. (5)Marketing and Communication—The Town provides information and services to residents on an ongoing basis. Communication with the public(be it oral or written)must be clear, concise, consistent and easy to access. Departments should strive to utilize all communication possibilities as efficiently as possible to assure that the residents remain informed and aware on a regular basis. (6) Printed Material—All printed material issued by the Town of North Andover should be professional in appearance. (7) Telephone and Written Inquiries—All inquiries by either telephone or in writing will be addressed by the proper person in an expedient manner. Town of North Andover Personnel Policy(last revised 10/15/12) 27 Telephone calls placed to a specific person are to be taken whenever possible. Initial telephone messages must be returned within a 24-hour period(work-day). Employees at all levels must adhere to this timeline. If an employee is not available,the caller should be given that information and informed when the person will be available. Alternative help should, of course,be offered in the interim. All written inquiries, whether complaints, compliments, suggestions or requests for information and/or services, should be acknowledged in an appropriate manner. The initial response should be within no more than three business days of receipt of a letter(except for formal requests for public records). Voice mail should only be used as a secondary or back-up method of answering telephones. Whenever possible,telephones should be answered by a Town employee, either by the employee whose telephone is ringing or by an adjacent employee who will then take a message for the intended recipient. The 24-hour response standard also applies to messages left in voice mail. (8) Information and Referral—Many times, residents will inquire at Town offices for issues that are not within our domain. Every effort should be made to refer them to the governmental agency or community service agency that is best able to handle their concern. All referrals should include a telephone number or location for the suggested agency,if possible. Internal referrals should be handled in a similar manner. If a person on the telephone is being referred to a different department, the caller should be given the direct dial number for future reference and then automatically transferred if possible. Customers should not be made to call back at that time. If a referral is made of another Town department, every effort must be made to ensure that the referral is correct. If there is some doubt as to the proper referral,the referring department should ascertain the appropriate contact before connecting or directing the customer. If this information is not obtainable, the customer should be directed to a supervisor in the initiating department. (9) Internal Service Departments—Several Town departments exist to serve other Town departments directly and not the general public. The Town's customer service standards are fully applicable to our internal service departments. The ability of the Town to meet its own needs in a professional, efficient and customer service orientated manner is a key ingredient of offering such service to the public. (10) Measurement—The Town of North Andover is committed to continual improvement of its operations based on the philosophy of excellence in customer service. Proper measurement of customer service initiatives is vital to this goal. (11) Complaints—Each department must have a complaint log. Whether a complaint is formal or informal, written or verbal,it must be entered into the complaint log. The substance of the log is up to individual departments but must include, at minimum, the name of the Town of North Andover Personnel Policy(last revised 10/15/12) 28 complainant (if available),the time and date of the complaint,the nature of the complaint,the employee assigned to handle the situation and the disposition of the situation. C. Workplace Attire Neat, appropriate and professional attire contributes to the morale of all employees and affects the business image the Town presents to its customers and visitors. It is required that all employees report to work in attire appropriate to their work settings. Employees should always ensure that their personal grooming is consistent with a workplace environment. Managers will inform employees of improper attire and will determine the appropriate course of action if an employee appears at work in inappropriate attire. Examples of inappropriate articles of clothing that should not be worn in workplace settings include,but are not limited to: Jeans , except for employees whose work requires them to be exposed to the outdoors or non-office environment,i.e.,inspectors or field agents. ♦ Sweatpants ♦ Jogging suits Short shorts or skirts ♦ T-shirts or sweatshirts with offensive messages or images ♦ Tank Tops ♦ Halter tops ♦ Visible undergarments ♦ Wrinkled, stained, or otherwise disheveled clothing Workplace attire must confirm to notions of good taste, common sense, and safety. D. Drug and Alcohol Use/Drug Testing In accordance with the provisions of the Drug Free Workplace Act of 1988 (United States Code, Title 41, Chapter 10),it is the Town's desire to provide a drug-free,healthful and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. Individuals under the influence of drugs or alcohol in the workplace pose serious safety and health risks,not only to themselves,but also to all those who surround or come into contact with them. While conducting business-related activities, on or off Town prelTes,no employee may use,possess,manufacture, distribute,dispense, sell, or be under the influence of alcohol,illegal drugs, or controlled substances. The legal use of prescribed drugs is permitted on the job only if it is pursuant to the instructions of a licensed medical care practitioner, it does not impair an employee's ability to perform the essential functions of the job safely and effectively, and it does not endanger other individuals in the workplace. This policy extends to instances and places where employees are in a position to be regarded or identified as representing the Town, such as traveling on business or participating in community, organizational or professional meetings and Town of North Andover Personnel Policy(last revised 10/15/12) 29 affairs. Employees using prescription medication that may impair their ability to safely perform their jobs should contact their supervisor to discuss the issue of reasonable accommodation. In accordance with the Drug Free Workplace Act, an employee must, as a condition of continued employment,notify their supervisor or department head of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. It is a requirement of the federal act that,upon receipt of notice of conviction of a drug statute violation committed in the workplace,the Town must notify any federal agency providing funding through a grant. The Town must give such notice within ten(10) days, and within thirty (30) days of receiving such notification either take appropriate personnel action against the employee,up to and including termination of employment or mandated participation in an approved drug abuse assistance or rehabilitation program. Personnel action against the employee convicted of a criminal drug statute violation committed in the workplace will depend on the nature of the violation,the sentence imposed(e.g. confinement, etc.) and employee work history. The employee's failure to notify the Town of such a criminal drug statute conviction committed in the workplace within five (5) days, as required,will be subject to sanctions. The Town of North Andover offers a confidential Employee Assistance Program (EAP), designed to help employees overcome serious problems they may be having with drug and/or alcohol abuse, and/or other personal problems that may negatively affect their job performance. All employees,whether exempt or non-exempt,will be subject to alcohol and drug screening as a result of: (1) Involvement in a serious workplace accident or serious safety-related incident as determined by the Town: (a)A serious workplace accident is any accident resulting in lost-time injury to the employee and/or involvement in an accident resulting in the lost-time injury of another individual and/or property damage. (b) A serious workplace incident is any incident presenting a substantial risk of lost- time injury or property damage. (2) Being identified as unfit for work as determined by the Town. Unfit for work involves the identification of employees by designated Town personnel as not safely or competently performing their jobs and presenting unnecessary risk to themselves or others. Any employee unable to pass alcohol and drug screening will be removed from work, referred to the Employee Assistance Program, and may be subject to disciplinary action,up to and including termination. The employee,upon returning to work,may be required to undergo unannounced drug testing over a twelve(12)month period. Subsequent violations may result in discipline,up to and including termination. Refusal to have alcohol or drug screening or referral Town of North Andover Personnel Policy(last revised 10/15/12) 30 to the EAP, as required by this policy, will subject the employee to immediate discipline up to and including termination of employment. Any violations of this policy may result in disciplinary action,up to and including immediate termination of employment. Such violations may also result in civil or criminal liability. E. Appropriate Office Conduct Eating at the desk, in the public view, is not permitted. Moreover,reading of non-work related newspapers,magazines,books,pamphlets,or other literature in plain view of the public is also prohibited. F. Accuracy of Employment Application The Town relies upon the accuracy of information contained in the employment application, as well as the accuracy of a resume or other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired,termination of employment. G. Attendance and Punctuality Employees are expected to be reliable and punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on the Town. Employees are expected to be ready to work at their stated start time each workday. Employees should also return to work promptly after breaks and meal periods. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify the Town as soon as possible in advance of the anticipated tardiness or absence. If practicable,notification by the employee personally to his/her supervisor at least one (1)hour prior to the start of the regular workday is expected by employees who are unable to report to work or who will be late. An employee who is absent for three(3) or more consecutive days is required to provide documentation from a medical care provider upon return to work, verifying the need for medical leave. An employee absent for three(3) or more consecutive working days who does not properly notify his/her supervisor or the Town is considered to have voluntarily terminated his or her employment. Poor attendance and excessive tardiness are disruptive and will not be tolerated, absent any special accommodations pursuant to state or federal law. Either may lead to disciplinary action,up to and including termination of employment. Town of North Andover Personnel Policy(last revised 10/15/12) 31 H. Computer Use (1)Purpose/Scope—The availability and use of personal computers within the work environment have provided many opportunities for the enhancement of productivity and effectiveness. This policy is to further enhance the work environment by providing a computer system less prone to viruses and system breakdowns. These guidelines apply to all Town of North Andover employees (excluding School Department) and technology equipment. The Town of North Andover specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time. Technology equipment is defined as: ♦ Computers (including servers,workstations, laptops and handheld devices) Computers related hardware(including printers, scanners, and special devices) Software(including networks and the Internet) ♦ Telephones (2) Guidelines— (a)Personal computers are provided to Town employees and are intended to facilitate the performance of regular assigned duties and therefore restricted to that purpose. (b) Town employees are strongly urged to save all documents and files to their designated network directory("X"Drive)to ensure data is backed up daily and able to be restored in the event of software or hardware failure. (c) Installation of or access to software for purely entertainment purposes is prohibited. (d) Privately owned software may be loaded on Town computers,with the prior approval of the IT Director and division director,if it is necessary for business purposes and is properly licensed. The person installing the software must be authorized to do so by the IT Director. The Town reserves the right to remove any such software if it conflicts with Town hardware, software or interferes with the ability of other employees to access or utilize the computer, Town network or occupies excessive storage space needed by the Town. (e) Town employees shall observe the copyright and licensing restrictions of all software applications and shall not copy or install software or other files from internal or external sources unless legally authorized by local, state or federal laws. (f)Any software for which proof of licensing cannot be provided is subject to removal by IT. (g)No material shall be downloaded or installed on a personal computer or network directory,including sound,video files and files attached to e-mail messages without Town of North Andover Personnel Policy(last revised 10/15/12) 32 first being scanned for viruses by the approved virus protection software properly installed by IT staff. (h)All hardware enhancements or additions to Town owned computer equipment must be approved and installed by IT, or authorized agents of the Town. No employee is authorized to make any adjustments to Town owned computer equipment. (i) Town computer equipment shall not be utilized to operate a private business, participate in political activities, or solicit money for personal gain. 0) Employees shall not allow unauthorized persons to use any Town owned computer equipment. (3)Personal Time—Employees who use the Internet/intranet on personal time can enhance their knowledge of electronic information resources and sharpen information technology skills. By allowing use on personal time,the Town of North Andover builds a pool of computer literate employees who can guide and encourage other employees. Personal time includes breaks, lunchtimes, and the time before and after scheduled work hours. Employees performing job-related use will always have priority over those desiring access to resources for personal use. (4)Distribution of Policy—The respective Department Head is responsible for ensuring that any employee who will be given access to computers and Internet services has read this policy,has understood this policy's applicability to their activities, and has signed an agreement to abide by this policy. The IT Department will not give access to an employee unless it receives a copy of the agreement signed by the employee and the department head. A signed copy will be placed in the employee's personnel file. All data existing within the Town of North Andover information technology infrastructure is considered property of the Town of North Andover and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge. I. Internet/Email—Acceptable Use (1) Purpose/Scope—This policy sets the standards for appropriate behavior of a Town of North Andover employee(excluding School Department)when accessing the Internet or Email. These guidelines apply to all Town of North Andover employees (excluding School Department). The Town of North Andover specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time. (2) Guidelines—As a condition of providing Internet and Email access to its employees, the Town of North Andover places certain restrictions on workplace use of the Internet and Email. The Town of North Andover encourages employee use of the Internet and Email: Town of North Andover Personnel Policy(last revised 10/15/12) 33 ♦ To communicate with fellow employees and other contacts regarding matters within an employee's assigned duties; ♦ To acquire information related to, or designed to facilitate the performance of regular assigned duties; and To facilitate performance of any task or project in a manner approved by an employee's supervisor. The employee's use of the Internet and Email access,provided by the Town of North Andover, expressly prohibits the following: Dissemination or printing of copyrighted materials (including articles and software)in violation of copyright laws. ♦ Sending,receiving,printing or otherwise disseminating confidential information of the Town of North Andover(not within the scope of your assigned duties or in a manner approved by an employee's supervisor)and/or offensive or harassing statements or language including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability,religious or political beliefs. ♦ Sending Email under another employee's name without authorization and/or changing any portion of a previously sent Email message. ♦ Sending,receiving,printing or otherwise disseminating or soliciting jokes, images, or sexually oriented messages. ♦ Operating a private business,participation in political activities, soliciting money for personal gain, or charitable activity not sponsored by the Town of North Andover. ♦ Sending chain letters, gambling or engaging in any other activity in violation of local, state or federal laws. ♦ Use of abusive or objectionable language in either public or private messages. Occasional, incidental personal use of Email is permitted,but may be subject to monitoring. Email and/or Internet messages and communication are not confidential or private, and within Massachusetts' law, are considered public documents. As a result, employees should use discretion in all Email communications. Employees should have no expectation of privacy in the use of their Email. The Town reserves the right to access for quality control purposes and/or violations of this policy, electronic and voice transmissions of employees and others conducting business for the Town. All data existing within the Town of North Andover IT infrastructure is considered property of the Town of North Andover and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action,up to and including discharge. J. Anti-Harassment The Town is committed to creating and maintaining a work environment in which employees are treated fairly and with dignity, decency,respect, and in accordance with all applicable law. Through enforcement of this policy and by education of employees, the Town strives to prevent inappropriate conduct that could be considered harassment, including sexual Town of North Andover Personnel Policy(last revised 10/15/12) 34 harassment. In addition,the Town is committed to correcting any inappropriate conduct and to disciplining those who violate this policy. All employees of the Town,regardless of position, are covered by, and are expected to comply with,this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Town policy against harassment also covers other individuals who have a relationship with the Town that enables the Town to exercise some control over the individual's conduct in places and activities that relate to Town work,which may include directors, officers,independent contractors,vendors, clients, and customers. While this policy sets forth the Town's goals of promoting a workplace that is free of harassment,including sexual harassment,the policy is not designed or intended to limit the Town's authority to discipline or take remedial action for workplace conduct which it deems unacceptable, regardless of whether that conduct satisfies the definition of sexual or unlawful harassment. The Town is committed to providing a work environment that is free of any form of unlawful discrimination, including unlawful harassment and sexual harassment. Behavior, whether physical,visual, verbal, or nonverbal in nature,that may constitute discrimination or harassment of any kind based on race, color,religious creed, sex,national origin, ancestry, sexual orientation,pregnancy,veteran's status,military service, age,marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance is not permitted. Harassment is a form of employee misconduct that is demeaning to another person and undermines the integrity of the employment relationship. This policy applies to all work-related settings and activities,both inside and outside the workplace, and includes business trips and business-related social events. This policy also extends to Town property, including but not limited to its telephones, copy machines, facsimile machines, and computers and computer applications, such as email and Internet access, which may not be used to engage in conduct that violates this policy. Even where the unwelcome conduct is not sufficiently severe or pervasive to constitute actionable harassment under the law, the Town forbids unwelcome conduct in the workplace and in any setting related to Town business activities. K. Unlawful Harassment It is against Town policy to engage in physical,visual,verbal and nonverbal conduct that denigrates or shows hostility or aversion toward an employee because of an employee's race, color,religious creed, sex,national origin, ancestry, sexual orientation,pregnancy,veteran's status,military service, age,marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. Examples of unwelcome conduct prohibited by this policy include,but are not limited to: Town of North Andover Personnel Policy(last revised 10/15/12) 35 ♦ Conduct that unreasonably interferes with an individual's work performance,that creates an intimidating or offensive work environment, that otherwise adversely affects an individual's employment opportunities and that implicates an employee's race, color, religious creed, sex,national origin, ancestry, sexual orientation,pregnancy,veteran's status,military service, age,marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. ♦ Hostile physical contact, intimidating acts,threats of such actions or violence, or any other actions that may be considered threatening or hostile in nature and that implicate an employee's race, color,religious creed, sex,national origin, ancestry, sexual orientation, pregnancy,veteran's status,military service, age, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. ♦ Derogatory remarks, epithets, slurs, negative stereotyping,offensive jokes, teasing,the display or circulation of offensive printed,visual or electronic materials or similar misconduct that implicates an employee's race, color,religious creed, sex,national origin, ancestry, sexual orientation,pregnancy,veteran's status,military service, age, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. L. Sexual Harassment It is the goal of the Town of North Andover to promote a workplace that is free of sexual harassment. Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated. To achieve the Town's goal of providing a workplace free of sexual harassment,the conduct that is described in this policy will not be tolerated and a procedure has been outlined by which inappropriate conduct will be dealt with, if encountered by employees. Because the Town of North Andover takes allegations of sexual harassment seriously, the Town will respond promptly to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred,will act promptly to eliminate the conduct and impose such corrective action as necessary, including disciplinary action where appropriate. This policy applies to all individuals,both male and female,working for the Town. It applies to all employment relationships,including supervisor/subordinate and same level employees. All employees are prohibited from engaging in behavior that is sexually harassing in any way. Supervisory level employees are responsible for monitoring the workplace to keep it free of sexual harassment and for reporting to the Town Manager or a Complaint Officer any violations of this policy that they become aware of and any complaints of harassment reported to them. Town of North Andover Personnel Policy(last revised 10/15/12) 36 Note that while this policy sets forth the Town's goal of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit the authority to discipline or take remedial action for workplace conduct which is deemed unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment. (1)Definition of Sexual Harassment—The legal definition of sexual harassment is broad. "Sexual harassment"means sexual advances,requests for sexual favors, and verbal or physical conduct of a sexual nature when: Submission to or rejection of such advances,requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for an employment decision; or such advances,requests or conduct have the purpose or effect of unreasonably interfering with an individuals' work performance by creating an intimidating,hostile,humiliating or sexually offensive work environment. Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. In addition to the above examples, other sexually-oriented conduct, whether it is intended or not,that is unwelcome and has the effect of creating a work place environment that is hostile, offensive or humiliating to male or female workers may also constitute sexual harassment. The following are a few examples of conduct,which if unwelcome,may constitute a hostile environment: ♦ Unwelcome sexual advances—whether they involve touching or not; ♦ Sexual epithets,jokes, written or oral references to sexual conduct, gossip regarding one's sex life; comments on an individual's body, comments on an individual's sexual activity, deficiencies, or prowess; ♦ Displaying sexually suggestive objects,pictures, and cartoons; ♦ Unwelcome leering, whistling,brushing against the body, sexual gestures, suggestive or insulting comments; ♦ Inquiries into one's sexual experiences; ♦ Discussion of one's sexual activities; or ♦ Continuing to invite an individual to engage in social or sexual activities after being informed that the individual is not interested. Sexual harassment is not limited to prohibited behavior by a male employee toward a female or by a supervisory employee toward a non-supervisory employee. For example: ♦ A male, as well as a female,may be the victim of sexual harassment; a female as well as a male, maybe the harasser. Town of North Andover Personnel Policy(last revised 10/15/12) 37 ♦ The harasser does not have to be the victim's supervisor. The harasser may also be an agent of the employer, a supervisory employee who does not supervise the victim or a non-supervisory employee(co-worker). ♦ The victim maybe the same sex as the harasser. ♦ The victim does not have to be the person at whom the unwelcome sexual conduct is directed. The victim may also be someone who is affected by such conduct when it is directed toward another person. For example: • The sexual harassment of one employee may create an intimidating,hostile, or offensive working environment for another co-worker, or may interfere with the co-worker's work performance; and/or • An employee who is forced to work in an environment where preferential treatment is given to those who submit to sexual advances may be adversely affected by such conduct. In addition,the dissemination of sexually explicit voice mail, e-mail, graphics, downloaded material or websites in the workplace is strictly prohibited. All employees should take special note that, as stated above,retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated. (2) Training—The Town recognizes the importance of educating and training its employees on how to recognize and prevent sexual harassment in the workplace. Therefore, all supervisors will be provided with training at regular intervals, at the Town's expense. Training of non-supervisory employees and officials may also be provided, at the Town's expense. Additional training may also be required, at the discretion of the Town Manager and/or the Board of Selectmen. (3) Complaints of Sexual Harassment—If any employee believes that he/she has been subjected to sexual harassment, the employee has the right to file a complaint directly with a Town Complaint Officer. This may be done in writing or orally. The Town of North Andover has designated: n.,y SatAill Cathy Darby Human Resources Director North Andover Town Hall 120 Main Street,North Andover,MA 01845 (978) 688-9526 and r Nefth Andover-Towff Hall 120>\ ai St fee, Nefth A r,leye ran 01 8 4 G (9 78) 688 9523 C'tial°t Bella-,ance Director Cotnmun4y Developnient Town of North Andover Personnel Policy(last revised 10/15/12) 38 S site 2035 1600 Osgood Street,North Andover, MA 01 845 (978) 688-9531 as Complaint Officers. They are vested with the authority and responsibility of processing all harassment complaints in accordance with the procedure outline below. In addition to the two Complaint Officers, employees may report complaints to their respective supervisor who will refer the complaint to one of the Complaint Officers. (4) Sexual Harassment Investigation—When either Complaint Officer receives a complaint,he/she will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation may include a private interview with the person filing the complaint,the alleged harasser, and with witnesses. In addition to witness interviews,the investigation may also include a review of any documents,journals,recordings,photographs,voice mails, e-mails, telephone records, or other items that may be relevant to the allegations of harassment. At the conclusion of the investigation,the Complaint Officer will report the results of the investigation,in writing, to the Town Manager. If appropriate,the complainant and/or alleged harasser will also be informed of the results of the investigation. Depending on these results, disciplinary action may be taken against the alleged harasser. In the discretion of the Town Manager, the complainant may be informed of the imposed discipline. The Complaint Officer may make follow-up inquiries to ensure that the conduct has not resumed and that neither the complainant nor any witnesses interviewed during the investigation has suffered any retaliation. (5) Employee Responsibilities—Each Town of North Andover employee is personally responsible for: ♦ Insuring that the employee's conduct does not sexually harass any other employee, applicant for employment, recipient of public services, or any other individual in the workplace. ♦ Cooperating in any investigation of alleged sexual harassment by providing any information the employee possesses concerning the matter being investigated. Supervisory level employees are responsible for monitoring the workplace to keep it free of sexual harassment and for reporting to the Town Manager any violations of this policy that they become aware of and any complaints of harassment reported to them. (6)Disciplinary Action—If it is determined that there has been a violation of this policy, including but not limited to inappropriate conduct or any failure of an employee to meet its obligations under the policy,the Town will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment, and Town of North Andover Personnel Policy(last revised 10/15/12) 39 may include such other forms of disciplinary action, as the Town deems appropriate under the circumstances. (7) State and Federal Remedies—In addition to the above,if any employee believes they have been subjected to sexual harassment,they may file a formal complaint with either or both of the government agencies set forth below. Using the Town's complaint process does not prohibit an employee from filing a complaint with these agencies. Each of the agencies has a 300-day time period for filing a claim. The United States Equal Employment Opportunity ComITsion(E.E.O.C.) JFK Federal Building,Room 475 Boston, MA 02203 (617) 565-3200 The Massachusetts ComlTsion Against Discrimination (M.C.A.D.) One Ashburton Place, Room 601 Boston, MA 02108 (617) 994-6000 M. Town Equipment and Property Equipment, supplies and materials essential in accomplishing job duties are expensive and may be difficult to replace. When using Town property and tools, employees are expected to exercise reasonable care and follow all operating instructions, safety standards, and guidelines. Such property must be used in accordance with its intended purpose or function. Employees unfamiliar with the proper use of Town equipment must gain a working knowledge before utilizing it. The improper, careless,negligent, destructive, or unsafe use or operation of equipment can result in disciplinary action,up to and including termination of employment. Employees are not allowed to utilize Town property or equipment for any personal projects or for any personal use whatsoever while on the Town premises (see exception for computer equipment in Section VII-H). Similarly, Town-owned equipment,materials and supplies must not be removed from the premises for personal use under any circumstances. The Town is not responsible for any injuries or accidents that may occur off Town premises. Employees must return all of Town property immediately upon request or upon termination of employment. The Town may take all action consistent with state law to recover or protect its property, including initiating a civil proceeding. N. Workplace Monitoring and Inspections Workplace monitoring and security inspections may be conducted to ensure quality control, employee safety, security, and customer satisfaction. Such monitoring and inspections will also serve to discourage theft or unauthorized possession of employee and/or Town property. Computers, desks,toolboxes and other storage devices furnished to employees are the property of the Town. Accordingly, any agent or representative of the Town can inspect, Town of North Andover Personnel Policy(last revised 10/15/12) 40 monitor and access them, as well as any articles found within them, at any time, either with or without prior notice. This policy of monitoring and inspections applies equally to briefcases, toolboxes or other storage devices that are the employee's property and that the employee utilizes on Town property. Employees should have no expectation of privacy in this regard. Additionally, as appropriate and consistent with the law,the Town or its representatives may inspect persons entering and/or leaving the premises and any packages or other belongings. Any inspection or search will be reasonable in scope and for a legitimate purpose, respecting the legitimate privacy rights of employees. Any employee who wishes to avoid inspection or search of any articles or materials should not bring such items onto the preITes. O. Workplace Violence Prevention The Town is committed to preventing workplace violence and to maintaining a safe work environment and has adopted the following guidelines to deal with intimidation,harassment, or other threats of or actual violence that may occur during business hours or on its premises. All employees, including management and temporary employees,must be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms,weapons and other dangerous or hazardous devices or substances are prohibited from Town premises without proper authorization. Conduct that threatens, intimidates, or coerces another employee, or a member of the public at any time, including off-duty periods,will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's race, color, religious creed, sex, national origin, ancestry, sexual orientation,pregnancy,veteran's status,military service, age, marital status,genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. All threats of or actual violence,both direct and indirect, should be reported immediately to the supervisor and/or the Human Resources Director. This includes threats by employees, customers, vendors, solicitors, or other members of the public. Any employee who applies for or obtains a protective or restraining order which lists the employment location as being a protected area must provide the Assistaa4 Tow M^,,.,ger, Human Resources Director with a copy of the petition, the declarations used to seek the order, a copy of any temporary protective or restraining order which is granted, and a copy of any protective or restraining order which is made permanent. All suspicious individuals or activities on Town premises should also be reported as soon as possible to a supervisor and/or the Town Manager's office. Employees should never place themselves in a position of peril. If an employee sees or hears a commotion or disturbance at work,he/she should not try to intercede or see what is happening. Town of North Andover Personnel Policy(last revised 10/15/12) 41 The Town will promptly and thoroughly investigate all reports of threats of or actual violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as possible. In order to maintain workplace safety and the integrity of its investigation, the Town may suspend employees, either with or without pay, pending investigation or take any other steps, which, at its sole discretion,it deems appropriate. Anyone determined to be responsible for threats of or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment and possible civil or criminal action. The Town encourages employees to bring their disputes or differences with other employees to the attention of their supervisor or management before the situation escalates into potential violence. The Town is eager to assist in the resolution of employee disputes. P. Safety To assist in providing a safe and healthful work environment for employees, customers, and visitors, the Town of North Andover has established a workplace health and safety program. This program is a top priority for the Town. Town management has responsibility for implementing, administering,monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all. The Town provides information to employees about workplace safety and health issues through regular internal communication channels. Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with a supervisor or the ^ssistar+T,,...,, " anagerUuman Resources Director. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe conditions to their supervisor or the Iluni an Resources Director. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or,where appropriate, remedy such situations,may be subject to disciplinary action,up to and including termination of employment. In the case of accidents that result in injury,regardless of how insignificant the injury may appear, employees should immediately notify their supervisor and/or the ^ tan4 T,...,, Maw Human Resources Director,to comply with laws and to initiate insurance and workers' compensation benefits procedures. Town of North Andover Personnel Policy(last revised 10/15/12) 42 Q. Telephone Usage The telephone is provided for official Town business. It is important that employees are always polite, courteous and professional in dealing with customers or companies on the phone. f:'rnployecs s1hould strive to limit their personal calls to break or meal/hhch periods. Personal calls shall riot interfere with the employee's ability to perform the essential functions cif their job. Employees must.receive-prior authorization ftc)m the Human Resources Director pricer to placing personal calls outside of the local area, R. Office Closure for Inclement Weather The Town Manager may close all or portions of Town operations due to severe weather conditions or natural or man-made disasters. The Town Manager may authorize regular pay during any emergency periods. In the event that the Town Manager closes all or a portion of Town operations after the commencement of the normal work day, only those employees who reported to work shall be eligible for regular pay. Employees who did not report to work shall be charged appropriate paid or unpaid leave. S. Disciplinary and Corrective Action The Town of North Andover is committed to administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary or corrective measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels. The Town's own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt,uniform and impartial. The major purpose of any disciplinary action is to correct the problem,prevent recurrence and prepare the employee for satisfactory service in the future. Although employment is based on mutual consent and both the employee and the Town has the right to terminate employment at will,with or without reason or notice, the Town may use discipline,including progressive discipline, at its discretion. This policy does not alter the "at-will"nature of employment. When disciplinary action becomes necessary,the Town may utilize a progressive approach which may include counseling, written warning/reprimand, suspension with or without pay, or termination of employment, depending on the severity of the problem and the number of occurrences. All forms of disciplinary action must be documented in the personnel file. Any disciplinary action involving suspension or termination must be approved by the Town Manager. Circumstances may warrant the skipping of one or more steps, or immediate termination. (See Section III-F Termination for termination procedures). While it is impossible to list every type of behavior that may be deemed a prohibited offense,the Employee Conduct and Work Rules provisions (Section VII-A) includes examples Town of North Andover Personnel Policy(last revised 10/15/12) 43 of problems that may result in disciplinary action including termination of employment. Other offenses or unsatisfactory conduct may lead to disciplinary action, including termination, as well. This Policy does not and is not intended to create a contract of employment between the Town and any of its employees,nor is it to be construed to constitute contractual obligations of any kind. Rather,it is for employee guidance only. The provisions of the Policy have been developed at the discretion of Town management and, except for its policy of employment-at- will,may be amended,modified,revoked,rescinded or added to at any time, in the Town's sole discretion with the approval of the Board of Selectmen. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. S. Complaint Resolution (1) Complaint Resolution Steps Step 1—Department Head: No later than five(5)work days after the event giving rise to the complaint, or five(5) work days after the employee should reasonably have learned of the event giving rise to the complaint,whichever is later,the employee must submit a written complaint to his/her immediate supervisor. The written complaint must contain the specific term(s)identifying the specific policy allegedly violated by the Town. The failure to do so will be sufficient grounds to refuse to process the complaint. Within five(5)workdays after receiving the complaint,the immediate supervisor and the employee shall meet to discuss the complaint. The immediate supervisor shall give his/her written answer within five(5)workdays of said meeting. If the Division Director is the immediate supervisor,then Step 2 is the first step of this complaint process. Step 2—Division Director: If the complaint is not settled in Step 1,the employee,no later than five (5)work days after receipt of the immediate supervisor's response to the complaint or when said response is due, (whichever is earlier)may file a written appeal to his/her Division Director. Within five(5)workdays after receipt of this appeal,the Division Director and the employee shall meet to discuss the complaint. The Division Director shall give his/her written answer within five(5) days of said meeting. Step 3 -Town Manager: If the complaint is not resolved at step 2,the complaint may be presented to the Town Manager within five(5)work days after the response from the Division Director, or when said response is due,whichever is earlier. The Town Manager or his/her designee shall meet with the employee within ten (10)workdays of the presentation of the complaint at step 3. The Town Manager or his/her designee, shall give his/her written answer to the complaint within ten (10) work days after such meeting, and said answer shall be final and binding on the employee and the Town. (2) Written Presentation—All complaints presented at any step of the complaint resolution procedure shall include the facts giving rise to the complaint; the provision(s) of this Policy, if any, alleged to have been violated; and the remedy sought. All complaints shall be Town of North Andover Personnel Policy(last revised 10/15/12) 44 signed and dated by the aggrieved employee. All written answers submitted by the Town shall be signed and dated by the appropriate Town official. (3) Time Limitations—No complaint shall be accepted by the Town unless it is submitted or appealed within the time limits set forth in this Policy. If the complaint is not timely submitted at Step 1 or Step 2,it shall be deemed waived. If the complaint is not timely appealed to Step 3,it shall be deemed to have been settled in accordance with the Town's Step 2 answer. If the Town fails to answer within the time frames set forth herein,the complainant should proceed to the next step as if the complaint was denied. VIII. EMPLOYEE BENEFIT PROGRAMS A. Employee Benefits Overview Eligible Town employees are provided a wide range of benefits. A number of programs, such as retirement,workers' compensation and unemployment insurance, cover all employees in the manner prescribed by law. The Town also provides additional benefits to employees. Where the term"spouse"is used,it includes spouses in heterosexual and same-sex marriages. Benefits eligibility is dependent upon a variety of factors, including employee classification and length of service with the Town. A more detailed description of the benefits can be obtained from the actual plan documents, such as a summary plan description, and the terms and conditions of those documents control rather than the summaries contained in this Policy. The existence of these benefits does not give rise to a contractual claim for benefits, and the Town expressly reserves the right to add to or rescind any of the existing programs at any time, consistent with state and federal law. The Town may also require or increase employee premium contributions toward any benefits at its discretion. Pursuant to the authority contained in MGL c41, §108C, certain fringe benefits as set forth in subsequent sections of this Policy are hereby granted to employees occupying positions in the classification plan. The fringe benefits are considered to be a part of the compensation plan and the monetary value hereof shall be extended to eligible employees in addition to rates set forth in the appropriate salary or wage schedule. Part-time employees who work less than 20 hours per week do not receive fringe benefits. B. Longevity Increments (1)An employee of the Town who has been in continuous, full-time or regular,part-time employment shall be paid,in addition to salary compensation received, annual increments determined as follows: Length of Service July 1, 2007 Town of North Andover Personnel Policy(last revised 10/15/12) 45 Over 5 but not over 10 years $ 525 Over 10 but not over 15 years $ 825 Over 15 but not over 20 years $ 925 Over 20 but not over 25 years $1,025 Over 25 years $1,125 *Longevity will be pro-rated for regular,part-time employees. (2) An employee will become eligible for longevity increments on the 5th, 10th, 15th, 20th, and 25th anniversary date of his or her employment; and the amount of increment to which he/she is entitled for the then current fiscal year will be determined by paying,in December,the highest amount relative to the employee's anniversary date. (3)An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new five-year period of continuous, full-time employment has been served. (4) If the service of an employee is interrupted by lay-off,military service, or other reason not resulting from the employee's own action,total service will be considered as continuous service. (5)Upon termination of an employee,the total longevity payment shall be a pro-rated amount related to that half of the then fiscal year in which their employment is terminated. This pro-rated amount shall be computed by multiplying the number of days served in that half of the then fiscal year by the per day longevity dollar amount for a full half year at the appropriate rate. Upon the death of an employee,benefits shall be paid to the estate of the deceased. (6) Upon retirement, eligible employees shall receive the entire benefit. C. Clothing Allowance A yearly allowance equal to the maximum annual allowance as noted in the Police Lieutenants collective bargaining agreement shall be granted to the Police Chief for uniform allowance. Such uniforms shall be purchased in accordance with established department policy. A yearly allowance equal to the maximum annual allowance as noted in the Local 2035 IAFF collective bargaining agreement shall be granted to the Fire Chief and Deputy Fire Chief for uniform allowance and such standard equipment as needed. Such uniforms and equipment shall be purchased in accordance with established department policy. Specialty clothing allowance may be provided to an employee if the clothing is necessary for the performance of the employee's job. Authorization is subject to the approval of the Town Manager and the availability of funds. Town of North Andover Personnel Policy(last revised 10/15/12) 46 D. Vacations The Town of North Andover provides regular employees paid vacations based upon their length of service. (1)A continuous,regular full-time employee or part-time employee shall be granted vacation leave with pay on the following terms: ONE YEAR OF SERVICE TEN DAYS FIVE YEARS OF SERVICE FIFTEEN DAYS TEN YEARS OF SERVICE TWENTY DAYS Regular part-time employees shall be credited with vacation leave on a pro-rated basis AFTER 10 YEARS OF SERVICE employees shall receive one additional day for every year of continuous service for every year thereafter for a maximum of twenty-five(25) days. An employee, after completion of their introductory period(first six months),may request up to five (5) days of his/her vacation in advance. (2) Employees will receive their full vacation entitlement as provided by this section, on the first of the month in which their anniversary falls. Length of service for purposes of vacation eligibility shall be based upon the employee's anniversary date of employment. The amount of vacation time allowed in any anniversary year will be based on the number of months of active service during the preceding twelve (12)months. (3)Absences on account of sickness in excess of that authorized under the rules, or for personal reasons as provided for under other leave may, at the discretion of the Department Head,be charged to vacation leave. (4)Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance, as accrued in the vacation year prior to the employee's death but which has not been granted. In addition,payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died,up to the time of his or her separation from payroll. (5)Absence for personal reasons may be charged to vacation leave upon application by the employee and approved by his/her Department Head. Such absences,however,may not be charged to vacation leave beyond that which the employee has earned at the time of such application. (6) Employees called to military service during a state or national emergency will have vacation time accrued as mandated by federal and state laws. (7)Employees may carry over from one benefit year to the next no more than five (5) days of vacation,regardless of the amount of vacation accrued during a specific year. Town of North Andover Personnel Policy(last revised 10/15/12) 47 (8) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal, resignation or by retirement, or by entrance into the armed forces, or who are on leave as result of an injury sustained while on the job, shall be paid an amount equal to the vacation allowance as earned, and not granted,nor used, in the vacation year prior to such dismissal,resignation,retirement, or entrance into the armed forces. In addition,payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal,resignation,retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll,but no such payment shall be made to those persons on injury leave who have not been separated from the payroll. (9) The Town Manager is authorized to grant vacation benefits at a schedule different than that contained in Paragraph(1)when the Town Manager makes a determination that the recruitment efforts of the Town for qualified employees may be compromised due to the inability of the Town to grant a vacation benefit comparable to a potential employee's existing vacation benefit. When reaching such a decision, the Town Manager will take into consideration the potential employee's previous relevant years of experience but at no time shall the vacation granted exceed the schedule contained in Paragraph (1) for analogous periods of times of prior employment. (10)Advance paid vacation time will not be paid to any employee. (11) Vacation schedules are subject to the approval of the immediate supervisor and the respective Division Director. To take vacation, employees should submit a Time Off Request Form thirty(30) days in advance of their proposed vacation time, or with as much advanced notice as possible, to permit vacation scheduling and the maintenance of proper workflow. While the Town will do its best to accommodate an employee's vacation request,the Town has the right to limit the number of employees who will be on vacation during any period. Requests will be reviewed based on a number of factors, including business needs, staffing requirements and when the request was made. E. Holidays The following days shall be recognized as legal holidays on which days employees shall be excused from all duty not required to maintain essential Town services: New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents'Day Veterans'Day Patriots'Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day When December 24ffi (Christmas Eve) falls on a regular scheduled workday, employees shall receive an additional half-day paid holiday. Town of North Andover Personnel Policy(last revised 10/15/12) 48 All full-time and regular,part-time employees (one who work an average of at least 20 hours a week) shall be entitled to holiday pay for the designated holidays. Holiday pay is based on the number of hours the employee is regularly scheduled to work and the holiday must fall on the employee's regular workday. If a holiday falls on a Saturday or Sunday,the Town will grant paid holiday time off for employees on either the preceding Friday or the following Monday after the holiday. An eligible non-exempt employee must work the day before and after the holiday in order to receive holiday pay,unless the employee's absence is excused in advance or the employee is on an approved vacation. Holidays occurring during an employee's vacation period will be credited as holiday pay instead of the accrued vacation time off that would otherwise have applied. Paid time off for holidays will not be counted as hours worked for the purposes of determining whether overtime pay is owed to non-exempt employees. Employees are only eligible for receiving paid holidays if they are actively working for the Town when the holidays are observed. The Police Chief,and the Fire Chief, afid the DeptAy Fire Chief, solely, shall receive one- fifth of his/her regular weekly pay, as holiday pay, for any of the full-day holidays listed above. F. Sick Leave (1)A regular full-time or part-time employee who has completed his/her Introductory Period shall be allocated six days leave with pay and thereafter shall accrue leave at the rate of one and one-quarter days for each month of service,provided such leave is caused by sickness or injury or by exposure to contagious disease. Regular part-time employees shall be credited with sick leave on a pro-rated basis. (2)An employee shall be credited with the unused portion of leave granted under sub- section(1). (3) If the amount of leave credit provided under sub-section(2)has been or is about to be exhausted, an employee may make application for additional allowance to that provided under sub-section (1). Such application shall be made to the Town Manager who is authorized to grant such additional allowances as he/she may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his or her request for the additional allowance. (4) Sick leave must be authorized by the department head and must be reported to the Town Manager. (5) The employee may be requested to submit to a physician's certificate of illness after three consecutive workdays absence to his/her department head before leave is granted under the provisions of this section. The Department Head shall forward this certificate to the Town Manager. Town of North Andover Personnel Policy(last revised 10/15/12) 49 (6) The Town Manager may require medical examination of any employee who reports his/her inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. (7) Injury,illness, or disability as a result of a self-imposed act shall not be considered a proper claim for leave under this section. (8)Employees may be granted sick leave if actively participating in a Town-approved alcohol or substance abuse program. (9)An employee whose service is terminated by retirement shall be entitled to a portion of his/her accumulated sick leave as stated in Section VI-D, "Terminal Leave". (10)Upon the death of an employee,benefits shall be paid to the estate of the deceased as stated in Section VI-D. "Terminal Leave". (11) Sick leave may not be used if an employee is on vacation,leave of absence, other leave, or if he or she is not otherwise scheduled to work. G. Bereavement Leave A regular full-time or part-time employee shall be entitled up to five (5)working days with pay following day of death in an employee's immediate family(spouse, child,parent of either spouse;brother, sister, grandparent of employee, grandchild of employee), and up to two (2)working days following day of death of brother-in-law, sister-in-law, grandparent of spouse, or person in the immediate household. For all other types of employees,paid leave may be granted at the discretion of the Town Manager. Employees who need to take time off due to the death of an immediate family member should notify their immediate supervisor as soon as possible. Bereavement pay is calculated based on the employee's regular rate of pay and regularly scheduled hours of work. Bereavement leave shall not apply if an employee is on vacation,leave of absence, other leave, or if he/she is not otherwise scheduled to work. H. Jury Duty An employee required to serve on a jury and thus having to be absent from regular duty will be compensated in accordance with the provisions of MGL c234A. Employees are expected to present the jury duty summons to their immediate supervisor within forty-eight(48)hours of receipt or with as much notice as is practicable so that arrangements can be made to accommodate their absence. During an employee's service as a juror, the employee is expected to report to work if he/she is not scheduled for duty or selected fora panel. Employees will not be penalized in anyway for serving on a jury. Town of North Andover Personnel Policy(last revised 10/15/12) 50 I. Workers' Compensation Insurance The Town provides a comprehensive workers'compensation insurance program at no cost to employees. This program covers accidental injuries or occupational illness arising out of and in the course of employment. Subject to applicable legal requirements,workers' compensation insurance provides benefit coverage and medical payments. (1) In the event an employee sustains a work-related injuries or illnesses,he/she must inform their immediate supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported as promptly as possible. This will enable an eligible rlayee to ^ a4iff for-^ ^'dy as 8i:b . All injured employees are required to complete the necessary paperwork and reports,including a first report of injury form,within twenty-four(24)hours of the injury. In addition,the employee's supervisor or foreman who has knowledge of the injury or accident is also required to report such injury or accident to the Division Depaftment Head Director and/er the Human Resources Director -lager's ewe. Failure by an employee to report the injury or accident may result in disciplinary action, up to and including termination. (2) Ei*pleyee r-epeft on! (a) Upon employee elaiming an inju-y------d while at wofk, en+pleyee mus (. ediea notes) and, eamplete eepy to the T(,.,,v, manager's offiee (d)No other-aetion is Reeessaf (3) Employee fepeftifig if��fesulting in less than five (5) days of missed work Town of North Andover Personnel Policy(last revised 10/15/12) 51 (d)No other-ae6en is Reeessafy (4) Employee who has been total!y of PaAiAy disabled"o to J eeupationa4 illness and is ineapable of',.ev.e Ring 4„work for-f ye (5) , more,lay (a) This ffi.eans five(5) eale-ndaf days.No ma#er-whether-employee was sehe"ed to t7 ineluding holidays and weekends. Far-example,if efamployee Af:NAA.day *1 3d,h&she has now been out 5 days. 0 ft��y or-Fatality within the flext seN,en(7)business days. Make fouf(4) eepies of the s Mail 6i-igi"rrur-c6v°vpxk@ir of In&stfia4 Aeeidents DepaFtment�ar 600 Washington Stfeet, 741-flelff Bost„„ M 02111 s Send one eopy to Town's insufan s Keep one eepy fef your-files. (e) Tlop.,f+, ent Head/Division Difee4.,,-must„ .lete top,..,,-f;.,,-. .,f-Fo,-.v. 127 genefate fepor-t showing prior-52 weeks wages. Foffn and feper-t faustbe sent to (d)Fofwmd all eaffespendenees and medieal r-epoAs to Town's worker's eompensation instwanee ed .401, (e) it is imper-a6ve that when employee Fetums to work,the Town's wofkefls 4.,4;,.0 regarding statt s of ela;, (2-5) If an employee,who has been absent from work and collected sick pay, and has this absence declared eligible for Worker's Compensation benefits the following shall take place: (a)When an employee is out more than five(5) days,upon approval of the claim, he/she will receive 60% of their salary. Beginning on Day 6,the employee may choose to be compensated for up to 40%of their salary by using his/her accrued sick leave until they return to work. A request to do so must be submitted in writing to the Division Director. Otherwise,the employee will only receive the worker's compensation payment. (b) If an employee has been out for over 21 days, an employee will receive worker's compensation for the first five (5) days of injury. Those days paid and charged to Town of North Andover Personnel Policy(last revised 10/15/12) 52 sick leave(three of the first five days) during this absence will be credited back to the employee based upon the difference between the gross pay paid under sick pay benefit and the portion determined to be collected under Worker's Compensation. The employee will be required to reimburse to the Town the dollar amount equivalent to the three day's of pay. (6) The Town of North Andover is not required to offer light/limited duty work for returning employee with this restriction. If there is such work available, it can be offered to the employee with medical authorization. This authorization should be very specific explaining weight limits and length of time for the restriction. The ability to work li& limited dtAy may J. Health Insurance The Town health insurance plan provides eligible employees and their spouses/ dependents access to health insurance benefits as of the first day of employment. Employees who decline such coverage are not entitled to any payment or cash equivalent of the value of the benefits offered. Eligible employees may participate in the health insurance plan subject to all terms and conditions of the agreement between the Town and the insurance carrier. The Town's contribution to health insurance coverage may change at any time. Through payroll deductions, employees pay the remaining premium amount. K. Educational Reimbursement A regular full-time or part-time employee,having completed one year of service with the Town, shall be eligible to receive educational reimbursement as follows: (1)Reimbursement will be provided, in accordance with provisions of this section, provided the employee receives an advanced favorable recommendation by the Division Director and approval by the Town Manager, subject to the appropriation of funds. Reimbursement for regular part-time employees will be pro-rated based on the ratio of regular hours worked to the regular workweek of full-time employment in the classification plan. (2) Course must be offered outside normal working hours. Hardship cases may be discussed jointly with the Division Director and Town Manager. (3) Course contents must be job-related and approved. (4) Course cost must be approved in advance. (5)Educational reimbursement of 100%will be made for registration fees,books, and tuition based upon a passing grade of B-or better. (6) Grade and payment certification is required before reimbursement. Town of North Andover Personnel Policy(last revised 10/15/12) 53 (7) The employee will be obliged to remain in the Town employment for six months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. L. Vehicle Use (1) Purpose and Scope—The purpose of this policy is to set forth the guidelines for reimbursement or compensation for employee use of personal vehicles;the guidelines under which Town vehicles will be authorized to Town personnel; and the guidelines under which Town vehicles may be used. (2)Applicability—The provisions of this policy apply to all employees in Town service with the exception of the Town Manager. Employees whose employment is regulated by collective bargaining agreement are subject only to those provisions of this policy not specifically regulated by agreement. (3) Definitions (a)Municipal Vehicle—those automobiles,trucks, vans, or other self-propelled equipment owned,rented, or leased by the Town of North Andover and licensed for travel on a public way. (b) Expense Reimbursement—that payment for approved expenses relating to personal automobile use upon receipt of written documentation. Expense reimbursement is not considered to be a salary item. (c) Personal Automobile—automobile owned or available for private use by the employee. (4) It is the policy of the Town of North Andover that certain positions require employee access to municipal vehicles, either during the work shift or on a 24-hour on-call basis. Town vehicles are not personal vehicles and are not for personal use. Town vehicles should be viewed as belonging to the citizens of North Andover and are assigned solely for purposes consistent with providing services to those citizens. (5) The assignment of municipal vehicles during work time is based upon job description. Division Directors who have municipal vehicles available for this purpose may assign such vehicles in a manner consistent with division/departmental workload and employee function. The Town Manager or Division Director may rescind the assignment of vehicles at any time. (6) Assignment of Municipal Vehicles for 24-Hour Use(Vehicle Use Approved for Commuting Purposes) (a) The assignment of vehicles for 24-hour use will be made in writing by the Town Manager after receipt of a written recommendation from the Division Director and Town of North Andover Personnel Policy(last revised 10/15/12) 54 will only be considered for employees who require a vehicle for the ordinary and necessary discharge of their job functions. Criteria,which will be used in the determination of eligibility for 24-hour vehicle use,include: ♦ Officially designated on-call status; ♦ Requirement for frequent emergency availability; ♦ Issuance of a pager or other communication device; ♦ Emergency or other equipment contained in the vehicle; and/or No Town facility is available for garaging in a safe and convenient location. Such assignment may be rescinded in writing at any time by the Town Manager. (b)Vehicle use is limited to travel to and from the residence and place of work except as noted in the following paragraph. The vehicle should be driven over the most direct route taking into account road and traffic conditions. The vehicle should not be utilized for travel outside a direct commuting route for personal reasons. (c) This section applies to the following Town positions: Police Chief, Fire Chief, Deputy Fire Chief, and any other position approved by the Town Manager. These employees,in recognition of their need not only to respond to emergencies from their home but also when they are not at home or at work,may use Town issued vehicles for personal business subject to the following conditions: (i) When the employee is off duty and either not on-call or available for duty within a reasonable period of time,the employee will not use a town vehicle. (ii)If the employee is transporting non-town personnel in a town vehicle and is called to an emergency,the employee will take all reasonable actions necessary to ensure the safety of the passenger for the duration of the emergency. (iii) The use of such Town vehicle where the expected travel distance is greater than two hours, from the Town of North Andover without the expressed written permission of the Town Manager is prohibited. (d)Whenever a position becomes vacant,the authorization for 24-hour use shall be re-evaluated. (e) Employees assigned vehicles for 24-hour use involving a commute of more than 25 miles one way shall reimburse the Town for the additional fuel cost as determined by the Director of Public Works. Employees who have been assigned a Town vehicle and have established commuting patterns of more than 25 miles prior to January 1, 2006 shall be exempt from this provision. (f) Employees assigned municipal vehicles on a 24-hour basis will be given a copy of this policy and will be required to sign a confirmation of receipt. Town of North Andover Personnel Policy(last revised 10/15/12) 55 (g) Impute Income Taxation (i) Employees who are assigned marked and unmarked police vehicles, and/or marked municipal vehicles carrying tools and meeting certain other eligibility criteria will not be subject to imputed income taxation as a result of the vehicle assignment. (ii) Other employees authorized to commute in a Town vehicle may be subject to imputed income regulations as set forth by the Internal Revenue Service,which considers a certain portion of the vehicle use(namely the commute)to be income for the purposes of income taxation. The Finance Department shall be responsible for determining any tax liability and will be provided with the names of all employees authorized to use Town vehicles for commuting purposes, and the normal, one-way commuting distance, each December 1St (7) General Rules Governing Municipal Vehicle Use (a)Municipal vehicles may only be used for legitimate municipal business. (b) Municipal vehicles will not be used to transport any individual who is not directly or indirectly related to municipal business. Passengers shall be limited to Town employees and individuals who are directly associated with Town work activity (committee members, consultants, contractors, etc.). Family members shall not be transported in Town vehicles (accept as noted within paragraph(6)(c)). (c)Vehicles should contain only those items for which the vehicle is designed. The Town shall not be liable for the loss or damage of any personal property transported in the vehicle. (d) Employees are expected to keep municipal vehicles clean, and to report any malfunction or damage to their supervisors immediately. (e)Employees are expected to park such vehicles in safe, legal locations. (f) Employees must wear seatbelts in vehicles so equipped during operation of the vehicle. (g) Employees must turn the vehicle ignition off,remove keys and lock the vehicle when unattended. (h) Employees may not operate municipal vehicles under the influence of alcohol, illegal drugs, or prescription drugs or medications,which may interfere with effective and safe operation. Town of North Andover Personnel Policy(last revised 10/15/12) 56 (i) Employees who operate municipal vehicles must have a valid motor vehicle license issued by the state of their current residence and may be required to provide proof of valid motor vehicle license every six(6)months. 0) Employees who incur parking or other fines in municipal vehicles will be personally responsible for payment of such fines unless the payment of such fines by the Town is approved by the Town Manager. (k)Employees who are issued citations for any offense while using a municipal vehicle must notify their supervisor immediately when practicable,but in no case later than 24 hours. Failure to provide such notice will be grounds for disciplinary action in accordance with Section VII of this policy. (1)An employee who is assigned a municipal vehicle or using their personal vehicle for municipal business and who is arrested for or charged with a motor vehicle offense for which the punishment includes suspension or revocation of the motor vehicle license,whether in his/her personal vehicle or in a municipal vehicle,must notify his or her supervisor immediately when practicable,but in no case later than 24 hours. Conviction for such an offense may be grounds for loss of municipal vehicle privileges and/or further disciplinary action. (m) The Town reserves the right not to allow an employee to use a town vehicle based on the employee's driving record. If the employee is required to drive as part of their job responsibility, the employee must use their own vehicle and is eligible for reimbursement pursuant to the provisions of this policy. (n) Smoking is prohibited in all town vehicles. (8) The Town of North Andover will reimburse employees for reasonable documented expenses they incur as a result of personal automobile use on behalf of the Town. Receipts and the Personal Automobile Travel Expense Report must be submitted in order for an employee to be reimbursed for such expenses. (a)When an employee is authorized to use a personal automobile for work-related travel,he/she shall be reimbursed at a mileage rate established by the Town Manager. (b) The mileage rate is intended to include the costs of gasoline,repairs,insurance and general wear and tear on the automobile. (c) In addition to the mileage rate,the Town will reimburse employees authorized to travel outside of North Andover, driving personal or municipal vehicles, for tolls and reasonable parking expenses, when receipts are provided. Employees will not be reimbursed for tolls, which would normally be paid by the employee during his/her normal commute to work. Town of North Andover Personnel Policy(last revised 10/15/12) 57 (d) The Town retains the right to require employees who are reimbursed for work- related travel, to show proof of the following minimum levels of insurance coverage on their personal vehicle: ♦ Bodily Injury: $100,000/$300,000 ♦ Property Damage: $25,000 (e)An employee who uses his/her personal automobile to travel from home to a temporary assignment,rather than his/her regularly-assigned work location, shall be allowed personal automobile expenses between home and the temporary assignment or the regular work location, whichever is less. (f) Employees will not be reimbursed for commuting between their homes and offices or other regular work locations. (g) In order to be reimbursed for personal automobile use, employees must complete the Personal Automobile Travel Expense Form and attach all relevant receipts. This form should be submitted to the Town Accountant for payment. (h)In the event that an employee's personal vehicle is damaged during an approved, work-related trip, and the damages are not due to the negligence of the employee,the Town will reimburse the employee,upon receipt of verification of payment of a deductible(comprehensive or collision)to cover part of the cost of repair,up to a maximum of$500 or the amount of the deductible, whichever is less,per occurrence. (9) Special Circumstances—This policy is intended to provide a basic framework governing the use of personal and municipal vehicles in the Town of North Andover, and, as such, cannot contain procedures governing every situation that might arise. Employees seeking clarification of or exemption from the provisions of this policy should contact the Town Manager who will provide such clarification and may authorize exceptions to the policy under mitigating circumstances. (10) Sanctions—Failure to comply with any and all provisions of this policy may result in disciplinary action up to and including removal of Town vehicle privileges, suspension, and/or termination from Town service. M. Benefits Continuation The Consolidated Omnibus Budget Reconciliation Act(COBRA) statute provides eligible employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the Town's health plan when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying events include but are not necessarily limited to termination of employment, death of an employee, a reduction in an employee's hours, an employee's divorce or legal separation, and a dependent child no longer meeting eligibility requirements. Under this law,the employee or beneficiary pays the full cost of coverage at the employer group rates plus an administration fee. Town of North Andover Personnel Policy(last revised 10/15/12) 58 Eligible employees are provided with written notice describing rights granted COBRA when they may become eligible for coverage. The notice contains important information about the employee's rights and obligations. N. Cafeteria 125c Plan The Town offers a Cafeteria 125c Plan that allows employees to pay for certain benefits with pre-tax dollars,resulting in a savings for employees off the cost of benefits. For more information about utilizing the Plan, contact the Payroll Office. O. Stevens Estate Director—Incentive Plan (1) Purpose—The purpose of the Incentive Plan(as referred to in this Section O,the "Plan") is to aid the Stevens Estate in retaining and motivating the Director and to secure for the Estate the benefits arising from the alignment of the Director's compensation with the Estate's business objectives. The Plan shall be administered by the Town Manager's Office with the assistance of the Stevens Estate Board of Trustees. The Town Manager's construction and interpretation of the terms and provisions of the Plan shall be final and conclusive. (2) Eligibility—Beginning July 1,2011,the individual holding the position of"Estate Director" shall be eligible to receive a bonus under this Incentive Plan each fiscal year. The Director must be employed for at least six continuous months during the fiscal year and remain employed by the Estate on the applicable Payment Date to be eligible for and to receive a bonus payment. All bonus payments shall be made in accordance with the Town's payroll procedures including proper withholding of all applicable U.S. federal, state and local taxes. (3) Payment Date—Each of the dates on which an identified bonus under this Incentive Plan is payable shall be referred to as a"Payment Date" (as defined in Paragraph 3). The Revenue Bonus shall be payable as earned, in up to three installments,beginning with the second payroll occurring after the financial statements for the Stevens Estate for the first two quarters of the fiscal year are deemed final by the Town. The second and third installments shall be payable,if earned,with the second payroll occurring after the financial statements for the Estate are deemed final by the Town for the quarters ending March 31 and June 30,respectively. The Revenue Bonus payable at each installment shall equal the total Revenue Bonus earned for the fiscal year based on the Estate's financial performance to-date as reported in the financial statements for the immediately preceding month,minus the prior Revenue Bonus payments made under the Plan for the fiscal year,if any. To the extent a Performance Bonus (as defined in Paragraph 4)becomes payable under the Plan, it shall be made in a single installment with the second payroll occurring after the financial statements for the Estate for the respective fiscal year are deemed final by the Town. (4) Description- The Plan has two components, first, a cash bonus with respect to achievement of certain revenue goals (the "Revenue Bonus") and second, a cash bonus with respect to the achievement of certain income objectives (the "Performance Bonus"). Town of North Andover Personnel Policy(last revised 10/15/12) 59 (a) Revenue Bonus: The Estate must achieve at least 80%of its Revenue Budget(as defined below) for the respective fiscal year in order for the Director to receive a Revenue Bonus (the "Threshold"). Once the Threshold is achieved,the amount of the Revenue Bonus earned shall be calculated using the following tiered method: • If the Estate recognizes Net Revenue for the fiscal year in an amount that is equal to or greater than the Threshold but less than the Revenue Budget,then the Revenue Bonus shall equal I%of aggregate Net Revenue for the fiscal year. • If the Estate recognizes Net Revenue for fiscal year in an amount that is equal to or greater than the Revenue Budget but less than 120%of the Revenue Budget, then the Revenue Bonus shall equal 2%of aggregate Net Revenue for the fiscal year. • If the Estate recognizes Net Revenue for the fiscal year in an amount that is equal to or greater than 120%of the Revenue Budget,then the Revenue Bonus shall equal 2.5%of aggregate Net Revenue for the fiscal year. In no event shall the Revenue Bonus exceed $10,000 in a fiscal year. As used in this Plan,for FY12 the "Revenue Budget"equals $306,575. The "Revenue Budget" will be adjusted and set for each fiscal year by mutual agreement of the Town Manager and the Board of Trustees. As used in this Plan, "Net Revenue"means cash received during the fiscal year that can be appropriately booked as revenue on the Estate's financial statements for activities related to the Estate's hospitality business, in all cases net of refunds,returns,taxes and gratuity. For the avoidance of doubt, deposits for events to be completed in subsequent fiscal year(s)must be accompanied by a signed contract in order to be recognized as revenue in the relevant fiscal year. (b)Performance Bonus: The Stevens Estate must achieve Break Even (as defined herein) for the fiscal year in order for the Director to receive a Performance Bonus. The Performance Bonus shall be binary. No bonus will be awarded if Break Even is not achieved. The Performance Bonus shall be $5,000. As used in this Plan, "Break Even"means that Net Revenue exceeds the Estate's recorded expenses by a minimum of$5,000 for the fiscal year, such results being prepared by the Town in accordance with the Town's accounting policies, applied on a consistent basis. IX. AMENDMENT OF THE PLANS The Town Manager shall, from time to time,propose and the Board of Selectmen may adopt Amendments to this Personnel Policy. ~in accordance with the provisions of Article 11 of the Town of North Andover Special Town Meeting of December 12, 2002- ,upon receipt from the Town Manager of a proposed Persomiel Policy an(] subs eq-uent aniendn tents to the policy; the Board ref Selectmen will conduct a duh, advertised public,hearing to provvide a:n opportunity for interested parties to co mment on the proposed changes. The Town Manager will endeavor to distribute copies (electronically or otherwise) of the proposed amendments to the Personnel Town of North Andover Personnel Policy(last revised 10/15/12) 60 Policy Azo",[ employees vvboac employment is governed by said Persoaoel Policy ol least one vveekhu advance ofthe public hearing. Atdzu conclusion of the public besdug. the Board uf Selectmen,may acocpt, reject or amend the proposal oftbuTovvnManager, ihe Town Manager sliall be responsible f6r administration and enforcen-tent of the Persomiel Policy, Town nf North Andover Personnel Policy(last revised l0/)5/l2) 61 EMPLOYEE ACKNOWLEDGMENT FORM The Personnel Policy describes important information about the Town of North Andover and employees should consult with Town management regarding any questions not answered in the Policy. The Personnel Policy does not and is not intended to create a contract of employment between the Town and any of its employees,nor is it to be construed to constitute contractual obligations of any kind. Rather,the Personnel Policy is provided for employee guidance only. The provisions of the Policy have been developed at the discretion of Town management and, except for its policy of employment-at-will,may be amended,modified, revoked,rescinded or added to at any time,in the Town's sole discretion. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. ♦ This Policy supersedes all prior agreements,understandings, representations,handbooks, and policies concerning my employment with the Town of North Andover. I acknowledge that the Town of North Andover may make revisions to the information, policies, and benefits described in this Policy from time to time. All such changes will be communicated through official notices, and I understand that revised information may supersede,modify, or eliminate existing policies. ♦ I understand that I have entered into my employment relationship with the Town of North Andover voluntarily and acknowledge that there is no specified length of employment. Accordingly, either the Town or I can terminate the relationship at will, with or without reason, at any time, as long as there is no violation of applicable federal or state law. I acknowledge that no oral or written statements or representations regarding my employment can alter the foregoing. ♦ I acknowledge that this Policy is neither a contract of employment nor a legal document. ♦ I specifically acknowledge that I have reviewed the Anti-Harassment policy in the Town's Personnel Policy. I understand that, in the event that I believe I have been subjected to discrimination or harassment,including sexual harassment,that I am expected to immediately notify my supervisor, the Assistant Town Maflage4 Human Resources Director or the Town Manager. ♦ I specifically acknowledge that I have reviewed the provisions relating to Workplace Monitoring and Inspections and understand that any property,personal or Town-owned, such as toolboxes or desks,may be subject to inspection at any time. ♦ I also am aware that the Town may monitor my use of the electronic computer systems, including e-mail and voicemail, and that I may not use a password or pass code for my computer, e-mail or voicemail that is unknown to the Town. I also understand that monitoring may include printing or reading e-mail messages sent,received, or stored in these systems, as well as listening to voicemail messages. Town of North Andover Personnel Policy(last revised 10/15/12) 62 ♦ I understand that my signature below indicates that I have received a copy of the Town of North Andover Personnel Policy, and I understand that it is my responsibility to read and comply with its provisions and any revisions made to it. I have read and understand the above statements. Employee Name(printed) Employee Signature Date Town of North Andover Personnel Policy(last revised 10/15/12) 63 INTEROFFICE MEMORANDUM To: Board of Selectmen From: Andrew W. Maylor,Town Manager Cc: Cathy Darby, Human Resources Director Date: October 11,2012 Re: Position and Pay Classification—October 15,2012 On the agenda for your cosent on October 15,2012 are Position Classification and Pay Classification plans for all non-union employees.As we have previously spoken about the current pay classification plan has grades which allow for a"Min"to"Max" range of 37%and there is a 4%difference between each grade. The result is that there is a tremendous overlap between grades and confusion regarding the worth of a position to the organization since the salary and grade are not closely enough correlated. Additionally, because the plan has not been updated for several years some employees are paid beyond the listed pay grade. I have prepared a new pay classification scale which incorporates a more commonly used "Min"to "Max" range of 20%with 10% between each grade and also includes the increases of 2%and 2.5% approved for employees in FY12 and FY13 respectively. In addition, I have added hourly and stipend positions so that all non-union employees are now in the classification plans. The Position Classification is a new report that allows the reader to see the relative worth of these positions without specific regard to salary. The report would be the basis for making future decisions regarding salary equity. Please note that these proposed changes, if adopted,would not result in any pay increases or decreases for any employee since they are simply policy documents. If you have any questions please feel free to contact me directly. Town of North Andover Pay Classification - Personnel Policy Employees 20% Min to Max, 10% Grade to Grade Based on 7/1/12 Top Grade Max Effective 10115112 Grade Min Mid Max E-19 90,550 99,611 108,671 E-18 82,350 90,585 98,820 E-17 74,856 82,342 89,827 E-16 68,044 74,849 81,653 E-15 61,852 68,037 74,223 E-14 56,224 61,846 67,468 E-13 51,107 56218 61,329 E-12 46,457 51,102 55,748 E-11 42,229 46,452 50,675 E-10 38,386 42,225 46,063 E-9 34,893 38,382 41,872 E-8 31,718 34,890 38,061 E-7 28,831 31,715 34,598 E-6 26,208 28,829 31,449 S-3 5,500 6,050 6,600 H-7 13.25 14.58 15.90 H-6 12.04 13.25 14.45 H-5 10.95 12.04 13.14 H-4 9.95 10.95 11.94 H-3 9.05 9.95 10.86 H-2 8.22 9.05 9.87 H-1 7.47 8.22 8.97 "E" are Exempt Employees "S" are Stipend Employees "H" are Hourly Employees Town of North Andover Position Classification Personnel Policy Employees Effective 10/15/2012 Grade E-19 Fire Chief Police Chief Director-Public Works Assistant Town Manager Grade E-18 Director-Community Development Budget Director/Town Accountant Grade E-17 Information Technology Director(consolidated) Operations Manager- Public Works Facilities Management Director(consolidated) Director of Engineering Superintendent-Water Treatment Plant Deputy Fire Chief Senior Network Manager-IT Grade E-16 Director-Youth & Recreation Services Human Resources Director Assessor Inspector of Buildings Director- Library Grade E-15 Ass't Operations Manager- Public Works Administrative Services Director- Police Town Clerk Public Health Director Ass't Supt-Water Treatment Plant Grade E-14 Town Planner Treasurer Collector Director- Elder Services IT Network Manager Conservation Administrator Grade E-13 Reserved for Future Use Town of North Andover Position Classification Personnel Policy Employees Effective 10/15/2012 Grade E-12 IT Systems Support Analyst Assistant Library Director Administrative Assistant-Town Manager Local Building Inspector Grade E-11 Veteran's Agent Administrative Ass't-Community Dev. Public Health Nurse Senior Water Analyst Director-Stevens Estate Assistant Assessor(2) WTP Lab Director Assistant Town Clerk GIS Analyst Confidential Secretary-Town Manager Assistant Town Accountant Health Inspector Grade E-10 Outreach Worker-Elder Services Plumbing &Gas Inspector Grade E-9 Conservation Field Inspector Support Services Coord. -Youth & Rec Services Community Service Officer Elder Client Assistant/Program Manager Payroll Coordinator Grade E-8 Social Program Coord. -Youth & Rec Services Program Coordinator-Youth & Rec Services Grade E-7; E-1 Reserved for Future Use Grade S-3 Director- Emergency Management Grade H-7 Crossing Guards- Police Department Matron - Police Department Cell Monitor- Police Department Stevens Pond Director Town of North Andover Position Classification Personnel Policy Employees Effective 10/15/2012 Ropes Course Instructors (Grades H4-H7) Grade H-6 Stevens Pond Assistant Director Grade H-5 Youth Center Program Leaders/Coord. Grade H-4 Stevens Pond Lifeguard Youth Center Program Leaders/Coord. Grade H-3 Reserved for Future Use Grade H-2 You Center Program Staff Grade H-1 Youth and Recreation Workers Stevens Pond Gate Attendant URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 978-475-4552 e-mail tju @uf-law.com Telephone 617-338-2200 Telecopier 617-338-0122 October 4, 2012 Board of Selectmen North Andover Town Offices I7n Main Street North Andover, MA 01 845 RE: G.L. c. 61 A--Notice of Intent to Sell Land Carter Field Road and 0 Bradford Street Assessors Map 62, Lot 160 2.8 Acre Parcel Dear Members: This letter is in response to a request from the Town Manager on October 3,2012, that we advise the Board of Selectmen regarding the above-referenced Notice of Intent to Sell Land that is currently used for agricultural purposes and taxed under M.G.L. c. 61A. A copy of the Notice of Intent is enclosed. M.G.L. ch. 61 A, §14 provides that land held for agricultural purposes under that statute "shall not be sold for, or converted to residential, industrial or commercial use unless the city or town in which the land is located has been notified of the intent to sell for, or to convert to,that other use." The statute prescribes the following information that must be included in the Notice of Intent to Sell: • Statement of Intent to Sell • Statement of Proposed Use of the Land s:\wp51\work\n-andove\corresp\selectmen.ltr.notice of intent to sell.docx URBELIS&FIELDSTEEL,LLP October 4, 2012 Page 2 • Location of the Land • Name, address and telephone number of the landowner • Certified copy of the executed Purchase and Sale Agreement • Additional agreements for any contiguous land under the same ownership M.G.L. c. 61A, §14 further provides: "If the notice of intent to sell or convert does not contain all of the material described above,then the town or city, within 30 days after receipt, shall notify the landowner in writing that notice is insufficient and does not comply For a period of 120 days after the clay following the latest date of deposit in the United States mail of any notice which complies with this section the city or town shall have,in the case of intended sale, a first refusal option to meet a bona fide offer to purchase the land. In the case of intended or determined conversion not involving sale,the municipality shall have an option to purchase the land at full and fair market value to be determined by an impartial appraisal performed by a certified appraiser hired at the expense of the municipality or its assignee,the original appraisal to be completed and delivered to the landowner within 30 days after the notice of conversion to the municipality. In the event that the landowner is dissatisfied with the original appraisal, the landowner may, at the landowner's expense, contract for a second appraisal,to be completed within 60 days after the delivery of the notice to convert. If, after completion of the second appraisal,the parties cannot agree on a consideration, the parties will contract with a mutually acceptable appraiser for a third appraisal whose cost will be borne equally by both parties. The third appraisal shall be delivered to both parties within 90 days after the notice of conversion to the municipality and shall be the final determination of consideration. Upon agreement of a consideration,the city or town shall then have 120 days to exercise its option. During the appraisal process,the landowner may revoke the intent to convert at any time and with no recourse to either party. The option may be exercised only after a public hearing followed by written notice signed by the mayor or board of selectmen, mailed to the landowner by certified mail at the address that is specified in the notice of intent.Notice of public hearing shall be given in accordance with section 23B of chapter 39. The notice of exercise shall also be recorded at the registry of deeds and shall contain the name of the record owner of the land and description of the premises adequate for identification of them." (emphasis supplied) URBELIS&FIELDSTEEL,LLP October 4, 2012 Page 3 The enclosed Notice of Intent to Sell was received on May 6, 2012. The Town had until June 5,2012 to notify the landowner if the notice was insufficient. The Town had until September 4, 2012 to hold a public hearing and notify the landowner of its intent to exercise its first refusal option to purchase the land. Please let us know if you have any questions. Very truly yours, Thomas J. elis TJU/kmp Enclosure cc: Andrew Maylor, Town Manager(w/enc) THE O'CONNOR LAW FIRM TOPSFIELD CROSSING 16 SOUTH MAIN STREET TOFsFiELD, MASSACHUSETTS 01983 TEL: (978) 887-5580 FAx: (978) 887-5977 WTUANi E O'CONNOR,LLM � 1" CHRISTINE 0. SMFRCZy".SK1 Managing Counsel ELIZABETH A.JONES,LLM � = Amy CONRoy May 4,2012 VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED North Andover Board of Assessors 120 Main Street North Andover,MA 01845 Re: G.L. c. 61A,Notice of Intent to Sell Land/2.8 acre parcel+/-, located on the corner-of Carter Field Road and 0 Bradford Street,North Andover,MA/Assessor Map 62, Lot 160 Dear Sir or Madam: The undersigned and this office represent George R. Barker, Jr. and Dorothea C. Barker,Trustees of the Old Bann Trust (hereinafter, the"Trust's) in connection with the sale of the above- referenced 2.8 acre parcel of land, which is currently used as agricultural land and taxed under the provisions of G.L.c. 61 A. The Trust intends to sell the 2.8 acre parcel of land to Jarnes Arthur Hackett and Sharon Atwood Hackett(hereinafter, the"Buyers"), It is our understanding that the Buyers intend to use the land for residential purposes. The name, address, and telephone number for the land owner is as follows: George R. Barber, Jr. and Dorothea C. Barker,Trustees of the Old Barn Trust, 126.7 Osgood Street,North Andover, MA 01845,Telephone Number: 978-688-5617, Enclosed Herewith please find the Notice of Intention to Sell 61A Land and a copy of the Purchase and Sale Agreement executed by the Trust(landowner)and the Buyers. This Notice is being forwarded to the Board of Selectmen(in care of the Town Clerk), the Planning Boar Conservation Commission, and the Board of Assessors. Should you have any questi s or rewire anything further, please so advise. Sit e- y, onnor c sure NOTICE OF INTENTION TO SELL 61A LAND We, GEORGE R. BARKER,JR. and DOROTHEA,C. BARKER, TRUSTEES OF THE OLD BARN TRUST, under Declaration of Trust dated October 22, 2003, and recorded with the Essex South District.Registry of Deeds in Book 22875,Page 126(hereinafter the"Trust"),with a mailing address of 1267 Osgood Street, North Andover, Massachusetts, 01845,pursuant to Section 14 of Chapter 61A of Massachusetts General Laws hereby notify the Board of Selectmen,Board of Assessors, Planning Board and Conservation Conxmission of the Town of North Andover of the Trust's intention to sell a certain 2.8+/- acre parcel of land located on the confer of Carter Field Road and 0 Bradford Street, North Andover, Massachusetts, Said 2.8 acre parcel of land is contained within a greater parcel situated at 0 Barker:Road,Boxford,MA and 0 Bradford Street,North Andover,MA,which consists of approximately 31.9+/-acres and which is identified on North Andover-Assessors Map 62,Lot 160, and described in a Deed dated October 22, 2003, and recorded with the Essex South District Registry of Deeds in Book 22875, Page 129. 4 col)y ofsaidDeed is attached hereto for reference. The land in question is Currently taxed as agricultural land udder the provisions of Chapter 61A. The Buyers of the property are JAMES ARTHUR HACKETT and SHARON ATWOOD HACKETT,with an address of 15 Blueberry Circle,Andover,MA 0 18 10. The purchase price depends upon the date of Closing and is as follows: Closing Date From April,2012 - November 1,2013: $225,000.00 Closing Date From November 2,2013 - May- 1,2014: $235,000.00 Closing Date From May 2,2014 - May 1, 2015: $245,000.00 A copy of the Purchase and Sale Agreement is attached for your review. The Town of North Andover has a right of first refusal regarding the sales contract as it applies to this property. We request that the Board hold a hearing concerning its right of first refusal and that it respond thereafter to the Board of Selectmen in writing as soon as possible as to whether or not the Town shall exercise or waive its option. WITNESS our hands and seals this day of May, 2012. f 7 GfORGEAR.BARKER,JR,TRUST i OLD BARN TRUST DOROTHEA C. BARKER,TRUSTEE OLD BARN TRUST COMMONWEALTH OF MASSACHUSETTS Essex,ss. On May 2 Z 2012, before me,the undersigned notary public,personally appeared GEORGE R. BARKER,J nd DOROTHEA C.BARKER,TRUSTEES OF THE OLD BARN TRUST (the"Principals')and acknowledged to me that the Principals signed the preceding or attached document voluntarily for its stated purpose.The Principals proved to me through satisfactory evidence of identification that the Principals are the persons whose narnes are signed on the preceding or attached document. The satisfactory evidence of identification provided to me was. 4,--ZA current document issued by a federal or state goverrunent agency bearing the photographic image of the Principals' faces and signatures;or ❑ On oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the Principals;or ❑ identification of the Principals based on the notary public's personal knowledge of the identity of the Principals; or ❑ The following evidence of identification: —„ AMY GONROY Notary Public Massachusells s��tY commission ExpUas May 5,2017 6-ypuubt�c n' Printed Name: _ My Cormnission Expires: [Seal/ { i { 61A § 14 MUNICIPAL FINANCE LAWS t § 14. Sale for or conversion to residential or a party unaffiliated with the landowner for a fixed commercial use; notice of intent to city consideration payable upon delivery of the deed. or town; option to purchase; assign- Any notice of intent to convert to other use shall ment of option be accompanied by a statement of intent to con- Land taxed under this chapter shall not be sold vert, a statement of proposed use of the land, the for or converted to, residential, industrial or com- location and acreage,of land as shown on a map mercial use while so taxed or within 1 year after drawn at the scale of.the assessors map in the city that time unless the city or town in which the land or town in which the land is situated, the name, is located has been notified of the intent to sell for, address and telephone number of the landowner or to convert to,that other use. and the landowner's attorney,if any. The discontinuance of forest certification shall The notice of intent to sell or convert shall be not, in itself, for the purposes of this section, be sent by the landowner by certified mail or hand considered a conversion. Specific use of land for a delivered to the mayor and city council of a city, or residence for the owner, the owner's spouse or a: board of selectmen of-a.town, and in the case of parent, grandparent, child, grandchild, or brother either a city or own, to its bon£assessors, to or sister of the owner, or surviving husband or wife its Tan�ning_board and conservation commission if of any deceased such relative, or for living quarters' any, and tie slate forester. for any persons actively employed full-time in the A notarized affidavit that the landowner has agricultural or horticultural use of such land, shall mailed or delivered a notice of intent to sell or not be a conversion for the purposes of this section, convert shall be conclusive evidence that the land- g and a certificate of the board of assessors, recorded owner has mailed the notice in the manner and at with the registry of deeds, shall conclusively estab- the time specified. Each affidavit shall have at- fish that particular use. tacked to it a copy of the notice of intent to which Any notice of intent to sell for other use shall be it relates. accompanied by a statement of intent to sell, a The notice of intent to sell or convert shall be statement of proposed use of the land, the location considered to have been duly mailed if addressed and acreage of land as shown on a map drawn at to the mayor and city council or board of select- the scale of the assessors map in the city or town in men in care of the city or town clerk; to the which the land is situated, and the name, address planning board and conservation commission if and telephone number of the landowner. addressed to them directly; to the state forester if Any notice of intent to sell for other use shall be addressed to the commissioner of the department d. accompanied by a certified copy of an executed of conservation and recreation; and to the asses- ;_- ,�r purchase and sale agreement specifying the pur- sors if addressed to them directly. chase price and all terms and conditions of the If the notice of intent to sell or convert does not proposed sale,which is limited to only the property contain all of the material described above, then classified under this chapter, and which shall be a the town or city, within 30 days after receipt, shall bona fide offer as described below. notify the landowner in writing that notice is insuf- Any notice of intent to sell for other use shall also ficient and does not comply. be accompanied by any additional agreements or a For a period of 120 days after the day following statement of any additional consideration for any the latest date of deposit in the United States mail contiguous land under the same ownership, and of any notice which complies with this section, the not classified under this chapter, but sold or to be city or town shall have,in the case of intended sale, sold contemporaneously with the proposed sale. a first refusal option to meet a bona fide offer to M1+ For the purposes of this chapter, a bona fide purchase the land. r offer to purchase shall mean a good faith offer,not In the case of intended or determined conversion dependent upon potential changes to current zon- not involving sale, the municipality shall have an ing or conditions or contingencies relating to the option to purchase the land at full and fair market potential for, or the potential extent of, subdivision value to be determined by an impartial appraisal of the property for residential use or the potential performed by a certified appraiser hired at the X. -or, or the potential extent of development of the expense of the municipality or its assignee, the )roperty for industrial or commercial use, made by original appraisal to be completed and delivered to 530 ?4 61A § 14 MUNICIPAL FINANCE LAWS § 14. Sale for or conversion to residential or a party unaffiliated with the landowner for a fixed commercial use; notice of intent to city consideration payable upon delivery of the deed. or town; option to purchase; assign- Any notice of intent to convert to other use shall assign- ment of option be accompanied by a statement of intent to con- Land taxed under this chapter shall not be sold vert, a statement of proposed use of the land, the for, or converted to, residential, industrial or com- location and.acreage of land as shown on a map ' mercial use while so taxed or within I year after drawn at the scale of the assessors map in the city 4 that time unless the city or town in which the land or town in which the land is situated, the name, is located has been notified of the intent to sell for, address and telephone number of the landowner or to convert to,that other use. and the landowner's attorney,if any. The discontinuance of forest certification shall The notice of intent to sell or'convert shall be g not, in itself, for the purposes of this section, be sent by the landowner by certified mail or hand considered a conversion. Specific use of land for a delivered to the mayor and city council of a city, or residence for the owner, the owner's spouse or a board of selectmen of,a town, and in the case of parent, grandparent, child, grandchild, or brother either a city or a town;:to its board of assessors, to or sister of the owner, or surviving husband or wife its planning board and conservation commission, if j of any deceased such relative, or for living quarters any, and to the state forester. for any persons actively employed full-time in the A notarized affidavit that the landowner has agricultural or horticultural use of such land, shall mailed or delivered a notice of intent to sell or l not be a conversion for the purposes of this section, convert shall be conclusive evidence that the land- +? and a certificate of the board of assessors, recorded owner has mailed the notice in the manner and at with the registry of deeds, shall conclusively estab- the time specified. Each affidavit shall have at- lish that particular use. tached to it a copy of the notice of intent to which Any notice of intent to sell for other use shall be it relates, accompanied by a statement of intent to sell, a The notice of intent to sell or convert shall be statement of proposed use of the land, the location considered to have been duly mailed if addressed and acreage of land as shown on a map drawn at to the mayor and city council or board of select the scale of the assessors map in the city or town in men in care of the city or town clerk; to the which the land is situated, and the name, address planning board and conservation commission if and telephone number of the landowner. addressed to them directly; to the state forester if F Any notice of intent to sell for other use shall be addressed to the commissioner of the department accompanied by a certified copy of an executed of conservation and recreation; and to the asses purchase and sale agreement specifying the pur- sors if addressed to them directly. chase price and all terms and conditions of the If the notice of intent to sell or convert does not ; l f J, proposed sale,which is limited to only the property contain all of the material described above, then classified under this chapter, and which shall be a the town or city, within 30 days after receipt, shall bona fide offer as described below. notify the landowner in writing that notice is insuf Any notice of intent to sell for other use shall also £icient and does not comply. be accompanied by any additional agreements or a For a period of 120 days after the day following statement of any additional consideration for any the latest date of deposit in the United States mail contiguous land under the same ownership, and of any notice which complies with this section, the not classified under this chapter, but sold or to be city or town shall have,in the case of intended sale _ sold contemporaneously with the proposed sale. a first refusal option to meet a bona fide offer to For the purposes of this chapter, a bona fide purchase the land. offer to purchase shall mean a good faith offer, not In the case of intended or determined conversion dependent upon potential changes to current zon- not involving sale, the municipality shall have an ing or conditions or contingencies relating to the option to purchase the land at full and fair market _)otential for, or the potential extent of, subdivision value to be determined by an impartial appraisal A the property for residential use or the potential performed by a certified appraiser hired at the or, or the potential extent of development of the expense of the municipality or its assignee, the property for industrial or commercial use, made by original appraisal to be completed and delivered to } 530 iaa" J!'. 17 Z z7", -T� 4 NWKEVISION DATE Ug,.d Town of North Andover Board of Assessors "Vi7cal Year 2008 Property Mips(as of.lanuary 1.2007) 62 THE O'CONNOR LAW FIRM TOPSFIELD CROSSING 16 SOUTH MAIN STREET TOPSFIELD, MASSACHUSETTS 01983 TEL: (978) 8875580 FAX: (978) 8875977 WILLIAM F. O'CONNOR, LLM CHRISTINE 0. SMERCZYNSKI Managing Counsel ry N.. � a ELIZABETH A.JONES, LLM AMY CONROY `- " May 4, 2012 VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED North Andover Board of Assessors 120 Main Street North Andover, MA 01845 Re: G.L. c. 61A,Notice of Intent to Sell Land/2.8 acre parcel+/-, located on the corner of Carter Field Road and 0 Bradford Street,North Andover, MA/Assessor Map 62, Lot 160 Dear Sir or Madam: The undersigned and this office represent George R. Barker, Jr. and Dorothea C. Barker, Trustees of the Old Barn Trust (hereinafter, the "Trust") in connection with the sale of the above- referenced 2.8 acre parcel of land,which is currently used as agricultural land and taxed under the provisions of G.L. c. 61A. The Trust intends to sell the 2.8 acre parcel of land to James Arthur Hackett and Sharon Atwood Hackett(hereinafter, the`Buyers"). It is our understanding that the Buyers intend to use the land for residential purposes. The name, address, and telephone number for the land owner is as follows: George R. Barker, Jr. and Dorothea C. Barker, Trustees of the Old Barn Trust, 1267 Osgood Street,North Andover, MA 01845, Telephone Number: 978-688-5617. Enclosed herewith please find the Notice of Intention to Sell 61A Land and a copy of the Purchase and Sale Agreement executed by the Trust (landowner) and the Buyers. This Notice is being forwarded to the Board of Selectmen(in care of the Town Clerk), the Planning Boar . Conservation Commission, and the Board of Assessors. Should you have j esti s or re wire anything further, please so advise. y, onnor ure NOTICE OF INTENTION TO SELL 61A LAND We, GEORGE R. BARKER,JR. and DOROTHEA C. BARKER,TRUSTEES OF THE OLD BARN TRUST, under Declaration of Trust dated October 22, 2003, and recorded with the Essex South District Registry of Deeds in Book 22875, Page 126 (hereinafter the"Trust"), with a mailing address of 1267 Osgood Street, North Andover, Massachusetts, 01845, pursuant to Section 14 of Chapter 61A of Massachusetts General Laws hereby notify the Board of Selectmen, Board of Assessors, Planning Board and Conservation Commission of the Town of North Andover of the Trust's intention to sell a certain 2.8 +/- acre parcel of land located on the corner of Carter Field Road and 0 Bradford Street,North Andover,Massachusetts. Said 2.8 acre parcel of land is contained within a greater parcel situated at 0 Barker Road, Boxford, MA and 0 Bradford Street,North Andover, MA,which consists of approximately 31.9+/- acres and which is identified on North Andover Assessors Map 62, Lot 160, and described in a Deed dated October 22, 2003, and recorded with the Essex South District Registry of Deeds in Book 22875, Page 129. A copy of said Deed is attached hereto for reference. The land in question is currently taxed as agricultural land under the provisions of Chapter 61A. The Buyers of the property are JAMES ARTHUR HACKETT and SHARON ATWOOD HACKETT,with an address of 15 Blueberry Circle,Andover, MA 01810. The purchase price depends upon the date of Closing and is as follows: Closing Date From April, 2012 - November 1, 2013: $225,000.00 Closing Date From November 2, 2013 - May 1, 2014: $235,000.00 Closing Date From May 2, 2014 - May 1, 2015: $245,000.00 A copy of the Purchase and Sale Agreement is attached for your review. The Town of North Andover has a right of first refusal regarding the sales contract as it applies to this property. We request that the Board hold a hearing concerning its right of first refusal and that it respond thereafter to the Board of Selectmen in writing as soon as possible as to whether or not the Town shall exercise or waive its option. WITNESS our hands and seals this G" day of May, 2012. GEORG . BARKER, JR, TRUST OLD BARN TRUST DOROTHEA C. BARKER, TRUSTEE OLD BARN TRUST COMMONWEALTH OF MASSACHUSETTS Essex, ss. On May 2012,before me,the undersigned notary public,personally appeared GEORGE R. BARKER, JR d DOROTHEA C.BARKER,TRUSTEES OF THE OLD BARN TRUST (the"Principals")and aclaiowledged to me that the Principals signed the preceding or attached document voluntarily for its stated purpose. The Principals proved to me through satisfactory evidence of identification that the Principals are the persons whose names are signed on the preceding or attached document. The satisfactory evidence of identification provided to me was: Q,�A current document issued by a federal or state government agency bearing the photographic image of the Principals' faces and signatures; or ❑ On oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the Principals; or ❑ Identification of the Principals based on the notary public's personal knowledge of the identity of the Principals; or ❑ The following evidence of identification: gommission AMY CONROY Notary PubIICMassachusetts ExPlres May 5,2017 6Pub Printed Name: My Commission Expires: [Seal] {ill({illlilillif{NIIIN 11111111141((fff(II( DEED 2004052100113 Bk;22815 k129 05/21/2004 08:65:00 DEED Po 1/4 z �4 N P �° We, GEORGE R. BARKER,JR., individually, DOROTHEA C. BARKER, individually, and DIANE KEISLING (now known as DIANNE BARKER COCO), KAREN BARKER, ELIZABETH E.BARKER,and LAURIE M.BARKER,TRUSTEES OF THE GEORGE R. W BARKER,JR.IRREVOCABLE TRUST OF DECEMBER 30,1983,all of 1267 Osgood Street, 0 North Andover,Essex Country,Massachusetts, z v v for consideration of one dollar and 00/100 cents($ 1.00)paid, u o grant to GEORGE R.BARKER,JR. and DOROTHEA C.BARKER, as Trustees of the OLD BARN TRUST u/d/t dated October 22,2003,and recorded herewith,whose mai ling address is 1267 ro Osgood Street,North Andover,Massachusetts, 0 with QUITCLAIM COVENANTS, r-, all of our right, title and interest in a certain parcel of land with buildings thereon, said parcel is CD situated in the towns ofNorth Andover and Boxford,Essex County,Massachusetts,and lies adjacent to the northeasterly intersection of Bradford Street and Barker Street in the said towns. The said parcel being more particularly described as follows: �4 Beginning at a point in the northeasterly intersection of the right of way of said Bradford and Barker wo Streets,thence, x 0 Northeasterly along the southerly right of way of said Barker Street,along the remains of a stonewall 1625 feet,more or less,to a point at the intersection of a stone wall extending southeasterly at land 0 of Bolton,thence, a _ 0) Southeasterly along said wall by land ofBolton 310 feet to a point,thence continuing more southerly ,x, by land ofBolton 557 feet to a stonewall at land of Eunice P.Carter,thence Westerly,Southwesterly M and Westerly again along said stone wall by land of Carter to a point at the intersection of a north- 0 south stone wall,thence, Southerly along said stone wall by land of Carter to a point at the intersection of a parallel east-west ro m stone wall,said point being at the intersection of the northerly wall of the above-described east-west lu parallel walls,thence, > Westerly along said wall to a stream to a point where the wall turns northerly at high ground by land � of Carter, thence northerly by said wall 164 feet, more or less, to a point where the wall turns o westerly by land of Carter,thence, s4 aw RNI'IRZN TO: TRE aCONNOR LAW FM 16 South Maly Street TopeSeld,MA 01983 2004052100113 Bk;22875 Pg;130 05/21/2004 08,55:00 DEED Pw 214 Westerly by said wall and land of Carter,203 feet,more or less,to a point in the easterly right of way of said Bradford Street,thence northerly by the easterly right of way of said Bradford Street, to its intersection with the southerly right of way of Barker Street to the point of beginning. For title reference of GEORGE R.BARKER,JR,see deed to George R.Barker,Jr. from his heirs recorded in Book 561,Page 353,in the Essex North Registry of Deeds,and excepting therefrom the following two parcels of land: Parcel Number 1,a 5 acre parcel of land conveyed from George R.Barker,Jr.to James C.and Rena M.Allen as recorded in Book 5364,Page 77,and as shown on Plan 234,recorded in the Essex South Registry of Deeds. Said parcel is situated in the northeasterly-most corner of the above-described parcel and fronts on said Barker Street. Parcel Number 2,a 4.1 acre parcel of land conveyed in a deed from George R.Barker,Jr. to Charles Verda,recorded in Book 711,Page 519,in the Essex North Registry of Deeds,said parcel is situated at the northeasterly intersection of the said Bradford and Barker Streets. For title reference of DOROTHEA C.BARKER,see deed to Dorothea C.Barker from George R, Barker,Jr.as recorded in the Essex North District Registry of Deeds on May 30, 1985 at Book 1978, Page 177. For title reference of DIANE KEISLING,KAREN BARKER,ELIZABETH E.BARKER,and LAURIE M.BARKER,TRUSTEES OF THE GEORGE R.BARKER,JR.IRREVOCABLE TRUST OF DECEMBER 30,1983,see deed to Diane Keisling,Karen Barker,Elizabeth E.Barker and Laurie M.Barker,Trustees or their Successor in Trust of the George R.Barker,Jr.Irrevocable Trust of December 30, 1983 all c/o Barker, from George R, Barker,Jr.,recorded at Essex North Registry of Deeds at Book 2070,Page 179. Said parcel of land herein described, contains 31.9 acres,more or less. Witness our ha ds and seals this "'day of October 03. DOROTHEA C.BARKER GE- CRV R.BARKER,JI COMMONWEALTH OF MASSACHUSETTS Essex,ss. OctoberX_, 2003. Then personally appeared the above named DOROTHEA C. BARKER and GEORG&R. BARKER,JR.and acknowledged the foregoing instrument to be their free Land deed,before C. of u tic My Commission Expires: Cis 1004051100113 8k,22875 P9;131 05/2112004 08;55:00 DEED pq 314 Witness my hand and seal thisWV,4 day of A`a�ti 2003. D E KEISLING,(now known as DIANNE BARKER COCO)TRUSTEE OF THE GEORGE R. BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30, 1983 COMMONWEALTH OF MASSACHUSETTS Essex, ss. October*2003. Then personally appeared the above-named, DIANE KEISLING (now known as DIANE BARKER COCO),TRUSTEE,and acknowledged the foregoing instrument to be her free act and deed, before me. A41 Notary Public My Commission Expires: Witness my hand and seal this, day of 60,ddq, 2003. XO_L��_P" KAREN BARKER,TRUSTEE OF THE GEORGE R.BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30, 1983 COMMONWEALTH OF MASSACHUSETTS Essex,ss. 2003. Then personally appeared the above-named KAREN BARKER,TRUSTEE, and acknowledged the foregoing instrument to be her free act and deed,before me. Notary Public d� - My Commission Expires: /,–,z % d4f y � 2004082100113 Sk:22815 Pg:l ? 05/21/2004 08;55:00 DEED PS 4/ Witness my hand and seal this a d day of `'c � f b�f 2003. ELIZkBETH E.BARKER,TRUSTEE OF THE GEORGE R.BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30, 1983 COMMONWEALTH OF MASSACHUSETTS Essex,ss. October,? ,2003, Then personally appeared the above-named ELIZABETH E. BARKER STEE, d acknowledged the foregoing instrument to be her free act and deed,before e. otary Public My Commission Expires: D� Witness my hand and seal this c day of��� 2003.c LAURIE M.BARKER,TRUSTEE, OF THE GEORGE R.BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30, 1983 COMMONWEALTH OF MASSACHUSETTS q Essex, ss. � ait 0� (; �} O / .2003. Then personally ap eared the above-named LAURIE M. BARKER, TRUSTEE, and acknowledged the foregoing instrument to be her free act and deed,before me. Notary Pu lic �" My Commission Expires: �" IRM 6o PERO rCE P COTE My C &Pii J8 kry 18,2006 CERTIFIED AS A TRUE AND ACCURATE COPY OF SAID -. a ORIGINAL PURCHASE AND SALE l AGREEMENT u w l PURCHASE AND SALE AGREEMENT This d " day of April;2012 Esquire 1,PARTIES George,R. Barker,Jr.and Dorothea. C.Barker,Trustees of the Qld Barn Trust, under Declaration of Trust AND MAILING dated October 22,2003 and recorded with the Essex South District Registry of Deeds in Book 22875,Page 126, ADDRESSES with an address of 1267 Osgood Street,North Andover.,Massachusetts 01845 hereinafter called the SELLER,agrees to SELL and James Arthur Hackett and Sharon Atwood Hackett, with an address of 15 6(��b e r rN ('"v°c(C; hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: a certain parcel of land consisting of 2.8 acres more or less, located in North Andover,Massachusetts,shown on North.Andover;MA.Assessor Map 62,Lot 160,which is a portion of a larger parcel of land referred to in Deed recorded with the Essex,.South Registry of Deeds in Book 22875, Page 1:29. The sale of said premises is subject to an.easement in favor of the Barker Family to access the ponds on the premises for the purpose of maintaining farm irrigation options. 2.DESCRIPTION Land located on the corner of Carter Field Road and 0 Bradford Street, North Andover, Massachusetts, containing approximately 2.8 acres, and being a portion of the premises described in Deed dated October 22,2003 and recorded with.the Essex South District Registry of Deeds in Book 22875,Page 129. See also Town of North Andover,Massachusetts Assessors Map 62,Lot 160, 3. BUILDINGS, , STRUCTURES, , a4l wall to wail earpeting, IMPROVE- , ,sefeens,seffen doefs,sWan vAndews and does, , NMNTS; shuftoFs5 fimhwes,heatefs,heating equipmenh stove5, ,oil.and.gm bwbers and fix4ures WUFtenaRt thffe , FIXTURES , ,electic and othef lighting fixtufes, THE LAND IS VACANT. 4.TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven(7)days before the deed is to be delivered as herein provided,and said deed shall convey a good clear record and marketable title thereto, free from encumbrances,except (a)Provisions of existing building and zoning laws; (b)Existing rights and obligations in party walls which are not the subject of written agreement; (c)Such taxes for the then current tax year as are not due and payable on the date of the delivery of such deed; (d)Any liens for municipal betterments assessed after the date of this agreement; (e)Easements,restrictions and reservations of record if any,so long as the same do not prohibit or materially interfere with the current use of the property; The sale of said premises is subject to an easement in favor of the Barker Family to access the ponds located on said premises for purposes of maintaining irrigation options. a 4 a7 5.PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6.REGISTERED In addition to the foregoing,if-the title to:said premises is registered,said deed shall be in form TITLE sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments,if any,necessary to enable the BUYER to obtain such Certification of Title. 7.PURCHASE The agreed purchase price for said premises is as follows, and is contingent upon the date of Closing said PRICE transact;= From April,2012 - November 1,2013: $225,000.00 From November 2,2013 May 1,2014: $23$,000.00 From May 2,2014 - May'1,2015:. $245,000.00 of-which $ 9,000.00 have been paid as a deposit this day,and $ 1,000.00 was paid.with,the Off.er to Purchase on 3 2H t Z and The balance ofthe purchase price;due,depending upon.the date of Closing: $U$00-00 (if Closing occurs on or before November 1,2013);or $225,0W00 (if Closing occurs between. 11/1/2013 and 5/1/201-4);or $2351000.00 (if Closing occurs between 5/2%2014 and 5/1/2015). shall be paid at the time of delivery of the deed in cash,or by certified check,cashier's,treasurer's or bank check(s) $225,000.00 TOTAL (if Closing occurs on or before November 1,2013); or 5235:,000.00 TOTAL (if Closing occurs between 11/2/2013 and 5/1/2014),or $245,000:00 TOTAL (if Closing occurs between 5/2/2014 and$1112015). 8. TIME FOR Such deed is to be delivered at 10:00 a.m. on or before the 1"of May,2015 at the Essex North District Registry PERFOR- of Deeds,unless otherwise agreed upon,but subject to the Town ofNorthAndover's waiver of its rights under MG L. c. MANCE 61A, Section 14. Not later than five (5) days following execution of this Agreement, SELLER shall provide written DELIVERY OF notice of the sale contemplated by this Agreement to the Town ofNorth Andover in accordance with the requirements of DEED M.GL. c. 61A,Section 14, and pravide BUYER with a copy hereof. In the event the Town of North Andover exercises its right offirst refusal pursuant to Section 14 Seller shall provide notice thereof to BUYER,whereupon this Agreement shall terminate and be qfnofiidher force or effect In the event the Town ofNorth Andover declines to exercise its right offirst refusal this Agreement shall continue in fuli force and effect and SELLER shall cause the recordation of all documentation required by said Section 14 to evidence the waiver of the Town of North Andover's purchase rights, including without limitation the affidavit of a notary as specified therein. It is agreed that time is of the essence of this agreement. 9. POSSESSION Full possession of said premises,vacant land ,is to OF AND be delivered at the time of the delivery of the deed;said premises to be then(a)in the same condition as they now CONDITION are,reasonable use and wear thereof excepted,and(b)not in violation of said building and zoning laws,and(c)in OF PREMISES compliance with provisions. of any instrument referred to in clause 4 hereof. The BUYER shall be entitled personally to inspect said premises'prior to the delivery of the deed in order to determine whether the condition thereof complies with terms of this clause. 10.EXTENSION If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the premises, all as TO PERFECT herein stipulated; or if at the time of the delivery of the deed the premises do not conform with the provisions TITLE OR hereof,then any pa5ments make under-this ageemmt shall be forthwith refunded and all other-obligations of the MAKE parties hereto shall oease and this agreement shall be void without r-ecauise to the paAies he�ete, w4ess the qq�,°f PREMISES SELLER shall eleets•use reasonable efforts to resolve any defects in title, or to deliver possession as provided CONFORM herein, or to make the said premises conform to the provisions hereof, as the case may be, in A44eh event the SELLER shall give "tten nefiea- *—hewneeeff to the BUYER at of befere the time for- and thereupon the time for performance hereof shall be extended for a time period of thirty days. Reasonable efforts referenced above shall not require Seller to expend more than$1,500.00,including attorneys'fees,to remedy any nonconformities,excepting financial liens of retard. 11.FAILURF-T'0 If at the expiration of'the extended time the SELLER shall have failed so to remove any defects in the title,deliver PERFECT TITLE possession, or:.gale the premises conform, as the case play be, all as herein agreed, or if at any time during the OR MAKE period of this agreement of any extension thereof,the holder of a mortgage on said premises shall refuse to permit PREMISES the insurance proceeds,if any,to be used for such purpose,then any payments made under this agreement shall be CONFORM,etc. forthwith refunded and all other obligations of the parties hereto shall cease, and this agreement shall be deemed void,without,recourse to the parties hereto. 12.BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to accept such title ELECTION TO as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price ACCEPT TITLE without deduction,in which ease the SELLER shall convey such title,except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against;then the SELLER shall,unless.the SELLER has previously restored the premises to their former condition,either (a) pay over or assign to the BUYER, on delivery of the deed; all amounts recovered or recoverable on account of such insurance,less any amounts reasonably expended by the SELLER for any partial restoration,or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,..give to the BUYER a credit against the purchase price, on delivery of the deed,equal to said amounts so recovered or recoverable and retained by the holder of the said-mortgage.less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPT- The acceptance: of the deed by the BUYER.or his nominee as the case may be, shall be deemed to be a full ANCE OF DEED performance and discharge of every agreement and obligation herein contained or expressed,except such as are by the terms hereof,to be performed after the delivery of said deed. 14.USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may, at the time of delivery of the MONEY TO deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, CLEAR TITLE provided that all instruments to procured are recorded simultaneously with the delivery of said deed,or within a reasonable time thereafter in accordance with standard conveyancing practice. 1 S.INSURANCE , ... sh mi es as f614 T-jpvvraxsG° zxnzgwc-viT..,.....'.be (a)Pir-e and EAaaded Goverag6 A s1,.; b 16.AD.UST- , MENTS ,and Taxes for the then current fiscal year,shall be apportioned and fuel value shall be 4uste as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents fef the GurFent rental peFied shall be appefti(med ifaff and when eelleeted by eithef p",, i 1 17.ADJUST- If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the MENT OF basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and UNASSESSED valuation can be ascertained;and,if the taxes which are to be apportioned shall thereafter be reduced by abatement, AND ABATED the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the TAXES parties,provided that neither-party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18.BROKER'S Not applicable. FEE 19.BROKER(S) Not applicable. WARRANTY 20.DEPOSIT All deposits made hereunder shall be held in escrow in a non-interest bearing account by The O'Connor Law Firm, 16 South Main Street, Topsfield, MA 01983, subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In.the event of any disagreement between the parties, the escrow agent shall retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER, or by a Court of competent jurisdiction. The escrow agent shall abide by any Court decision concerning to whom the finds shall be paid:and shall not be made a party to a lawsuit solely as a result of holding the escrowed funds.: Should the escrow agent be made a,party in violation of this paragraph,the escrow agent shall be dismissed and the party asserting a claim against the escrow agent shall pay the agent's reasonable attorney's fees and costs. 2 LBUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made hereunder by the BUYER DEFAULT; shall be retained by the SELLER as liquidated damages " DAMAGES peffOfffiaffN Of WS affe tensieij henef, the SELLER Aafv�ise nelffies the BUYER in*T-itiag. AND THIS SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY AT LAW AND IN EQUITY. 22.RELEASE BY Not applicable HUSBAND OR WIFE 23.BROKER AS Not applicable.. PARTY 24.LIABILITY If the Sl1LLER,or BUYER executes this agreement in a representative or fiduciary capacity,only the principal. OF TRUSTEE, or the estate represented shall be bound„and neither the SELLER or BUYER so executing,nor any shareholder SHARE or beneficiary of any trust,shall be personally liable for any obligations,express or implied hereunder. HOLDER BENEFICIARY, etc.. 25.WARRANT- The BUYER.acknowledges that the BUYER has not been influenced to enter into this transaction nor has he IES AND relied upon any wanranties or representations not set forth or incorporated in this agreement or previously REPRESENT- made in writing,except for the following additional warranties and representations,if any,made by either ATIONS the SELLER er-the Bfeker(s): NONE.The property is sold"AS IS". 26.MORTGAGE Not applicable. CONTINGENCY CLAUSE ����� 27.CONSTRUCT This instrument,executed in multiple counterparts,is to be construed as a Massachusetts contract,is to take TION OF effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the AGREEMENT benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUTTER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 28.LEAD PAINT Not applicable. LA`.J 29.SMOKE Not applicable. DETECTORS AND CARBON MONOXIDE DETECTORS 30.ADDITION- The initialed riders,if any,attached hereto,are incorporated herein by reference. AL PROVISIONS See Rider attached hereto as Exhibit A herein incorporated by reference. FOP, RESH)ENPAL PROPERW COMTRUCTED MOR TO 1978, KPAR W�ST ALSO HA:VE SIGNED LEAD A D D A TW TROPED TV TRANSFER TTSFE NOTTFIG A RON GE TTFIC A TTW NOTICE; This is a legal document that creates binding obligations. If not understood,consult an attorney. SELLER BUYER Georg TA Barker,Jr., Trustee Jt Arthur Hackett Old Bam Trust Dorothea C.Barker, Trustee Sharon Atwood Hackett Old Barn Trust r EXHIBIT A Rider to Purchase and Sale Agreement dated April 30 ,2012,by and between George R.Barker, Jr.and Dorothea C.Barker,Trustees of the Old Barn Trust as Seller,and James Arthur Hackett and Sharon Atwood Hackett,as Buyer,involving that certain parcel of land located on the corner of Carter Field Road and 0 Bradford Street,North Andover,Massachusetts,containing approximately 2.8 acres, and being a portion of the premises described in Deed dated October 22,2003 and recorded with the Essex_South District Registry of Deeds in Book 228%5,rage 129. See also Town of North Andover, Massachusetts Assessors Map 62,Lot 160. 31. All notices required or permitted to be given hereunder shall be in writing and delivered by hand or mailed postage prepaid,by registered or certified mail,or by facsimile with proof of transmission addressed In case of Seller to: and in the case of Buyer to: William F.O'Connor,Esquire James Arthur Hackett The O'Connor Law Firm Sharon Atwood Hackett 16 South Main Street 2-2 cu -err Topsfield,MAO 1983 An c16 ye t: � 4 ev,?16 Fax No. (978)887-5977 or in the case of either parry to such other addresses as shall be,designated by written notice given in such manner to the other party. Mailed notice shall be deemed given upon deposit in the United States Postal Service, or if given by hand,at the time of delivery or receipt. 32. If the Buyer either makes an assignment of Buyer's rights under this Agreement,to a party other than a nominee,or records a copy of this Agreement with the appropriate Registry of Deeds,the Seller at its option may declare Seller's obligations hereunder to be null and void and may deem Buyer to be in default of Buyer's obligations hereunder. 33. Buyer has until November 1,2013 to satisfy itself that it will be able to secure all the necessary permits required by the Town of North Andover,MA,in connection with the construction of a single family dwelling upon the premises(hereinafter referred to as"Buyer's Permitting Approval Contingency'). Buyer shall timely pursue at its sole cost all permits necessary to construct a single family dwelling on the premises. In the event that Buyer is not satisfied with the permitting process required by the Town of North Andover,Buyer may elect to terminate this Agreement by providing written notice to Seller,whereupon all deposits paid pursuant hereto shall be refunded to Buyer,and this Agreement shall terminate and be deemed null and void,without further recourse to either party. The parties agree that Buyer's Permitting Approval Contingency shall expire as of 12:01 a.m.on November 2,2013. After November 1,2013,Buyer shall forfeit all deposit monies to Seller in the event that Buyer does not or cannot obtain the requisite permits and approvals from the Town of North Andover. Seller agrees to cooperate with Buyer in the permitting process;and Seller shall sign any and all documents necessary in connection with Buyer's obtaining said permits and approvals from the Town of North Andover. 34. Buyer shall have rights of access to the Premises prior to the time specified for delivery of the Sellers' deed for the purposes of inspecting the condition of said Premises,but said rights of access shall be exercised only after reasonable notice thereof to Seller and when reasonably convenient for Seller. Said right of access shall be exercised in the presence of an employee or agent of Seller. Buyer shall indemnify Seller for any damage to the Premises arising during any such inspection if caused by Buyer or Buyer's agents or invitees. `. : Buyer warrants and represents to Seller and Seller represents and warrants to Buyer that it has dealt with no broker or other person entitled to a broker's commission in connection with the negotiation or execution of this Agreement or the consummation of the transaction contemplated hereby,and each agrees to hold the other harmless from and indemnify the other against all damages, claims,losses and liabilities,including legal fees,incurred by the other,arising out of or resulting from the failure of its representation and warranty. This provision shall survive the closing hereunder or the earlier termination of this Agreement. 36. The provisions of this Agreement with respect to title shall be governed by the title standards and practices of the Real Estate Bar Association,formerly the Massachusetts Conveyancers Association, 37. The memorandum executed by the parties hereto, entitled "Counter Offer#2" and dated March 31,2012,is hereby superseded and shall have no further force and effect. SELLER: orge R. Barker,Jr.,Trustee BU j James Arthur Hackett Old Barn Trust C� SELLER: Dorothea C.Barker,Trustee BUYER: Sharon Atwood Hackett Old Barn Trust Bk 12973 P o 176 ®r 1 is 1019 „ 0 6-47-2412 & D1 x 4ap <: ABOVE FOR REGISTRY OF DEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMO VE THIS DOCUMENT WAS RECEIVED THROUGH THE MAILING PROCESS I Essex North Registry of Deeds Robert F. Kelley Esq., Register '354 Merrimack St. Entrance C Suite 304 Lawrence,MA 01843 (978) 683-2745 wwwJawrencedeeds.com Bk 12973 Pg177 #16109 vl IlllilllI�llil!!! f[i[!! � DEED 2062IN113 10375 P9.129 f. 0b 12112 1 261W" DIEW Pa Ili u m ,0 We, GEORGE R.BARKER,JR.,individually,DOROTHEA C.BARKER,individually,and DIANE KEISLING (now known as DIANNE BARKER COCO), KAREN BARKER, ELIZABETH E.BARKER,and LAURIE M.BARKER,TRUSTEES OF THE GEORGE R. BARKER,3R.IRREVOCABLE TRUST OFDECEMBER30,1983,all of 1267 Osgood Street, North Andover,Essex Country,Massachusetts, m for consideration of one dollar and 00/100 cents($ 1.00)paid, EQ �4 grant to GEORGE R.BARKER,JR.and DOROT +'A C.BARKER,as'Trustees of the OLD 0 q. BARN TRUST u/d/t dated October22,2003,and recordedherewith,whose mailingaddress is 1267 Osgood Street,North Andover,Massachusetts, m Q I a with QUITCLAIM COVENANTS, 0 all of our right,title and interest in a certain parcel of land with buildings thereon, said parcel is a situated in the towns of North Andover and Boxford,Essex County,Massachusetts,and lies adj acent to the northeasterly intersection of Bradford Street and Barker Street in the said towns. The said parcel being more particularly described as follows. oBeginning at a point in the northeasterly intersection of the right of way of said Bradford and Barker w Streets,thence, X Northeasterly along the southerlyrightofwayofsaid Barker Stree4 along the remains ofastone wall 1625 feet,more or less,to a point at the intersection of a stone wall extending southeasterly at land 0 0 of Bolton,thence, z _ _ a Southeasterly along said wall byland ofBolton 310 feet to apoint,thence continuing more southerly by land of Bolton 557 feet to a stonewall at land of Eunice P.Carter,thence Westerly,Southwesterly and Westerly again along said stone wall by land of Carter to a point at the intersection of a north- south stone wall,thence, m Southerly along said stone wall by land of Carter to a point at the intersection of a parallel east-west stone wall,said point being at the intersection of the northerlywall ofthe above-described east-west parallel walls,thence, 94 > Westerly along said wall to a stream to a point where the wall tarns northerly at high ground by land ai of Carter, thence northerly by said wall 164 feet, more or less, to a point where the wall turns a westerly by land of Carter,thence, a RFi�TTOr TEE VOONNOR LAW'FIRM iseo06-0umbshut x�a�a Bk 12973 Pg178 #16109 ` �8485ZiNii3 Sk075 Pq,130 06!2112004 e@:b8;0@ can PQ 714 Westerly by said wall and land ofCarter,203 feet,more or less,to a point in the easterly right of way of said Bradford Street,thence northerly by the easterly right of way of said Bradford.Street,to its intersection with the southerly right of way of Barker Street to the paint of beginning. For title reference ofGEORGE R.BARKER,JR,see deed to George R Barker,Jr.from his heirs recorded in Book 561,Page 353,in the Essex North Registry of Deeds,and excepting therefrom the following two parcels of land: Parcel Number I,a 5 acre parcel of land conveyed from George R Barker,Jr.to James C.and Rena M.Allen as recorded in Book 5364,Page 77,and as shown on Plan 234,recorded in the Essex South Registry of Deeds. Said parcel is situated in the northeasterly-most comer ofthe above-described parcel and fronts on said Barker Street. Parcel Number 2,a 4.1 acre parcel of land conveyed in a deed from George R.Barker,Jr.to Charles Verda,recorded in Book 711,Page 519,in the Essex North Registry ofDeeds,said parcel is situated at the northeasterly intersection of the said Bradford and Barker Streets. For title reference of DOROTHEA C.BARKER,see deed to Dorothea C.Barker from George R. Barker,Jr.as recorded in the Essex North District Registry of Deeds on May 30,1985 at Book 1978, Page 177. For title reference of DIANE KEISLING,KAREN BARKER,ELIZABETH E.BARKED,and LAURIE bL BARKER,TRUSTEES OF THE GEORGE R BARKER,JR IRREVOCABLE TRUST OF DECEMBER 30$1983,see deed to Diane Keisling,Karen Barker,Elizabeth E.Barker and Laurie M.Barker,Trustees or their Successor in Trust of the George R.Barker,Jr.Irrevocable Tnist of December 30, 1983 all c/o Barker, from George R Barker,Jr.,recorded at Essex North Registry of Deeds at Book 2070,Page 179. Said parcel of land herein described,contains 31.9 acres,more or less. i LWitriemss dourhajids and seals this day of October 03. DOROTHEA C.BARKKER GEORqX R.BARKER,JR. COMMONWEALTH OF MASSACHUSETTS Essex,ss. October j2,2003. Then personally appeared the above named DOROTHEA C. BARKER and EO R BARKER,JR.and acknowledged the foregoing instrument to be their free deed,before e. o lie My Commission Expires: 3 bS __ -- - "'- 97-3 Pg17 9 #16109 WWI Pi:131 06/2112004 06:6800 OM Ps 274 Witness my hand and seal thisak clay of AVs, 2003. D KEISLING,(now[mown as DIANNE BARKER COCO)TRUSTEE OF THE GEORGE R.BARKER,JX IRREVOCABLE TRUST OF DECEMBER 30,1983 COMMONWEALTH OF MASSACHUSETTS Essex,ss. October ,2003. Then personally appeared the above-named DIANE KEISLING (now known as DIANE BARKER COCO),'TRUSTEE,and acknowledged the foregoing instrument to be her free act and deed,before me. Notary Public My Commission Expires: Witness my hand and seal this V. day of_&A& 2003. ., KAREN BART &R,TRUSTEE OF THE GEORGE R.BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30,1983 COMMONWEALTH OF MASSACHUSETTS Essex,ss. .!?�Sl 2003. Then personally appeared the above-named KAREN BARKER,TRUSTEE,and acknowledged the foregoing instrument to be her free act and deed,before me. Notary Public My Commission.Expires: 1Q41 Ar Bie 5!@9q!3 Elgi!08 04!64!99 4�,ZS05113 0:22875 P1.1 os/st/za�4 ee:ea:ea bw Pa 4! Witness my hand and seal this Ma day of d-l s Lc r— 2003. EL17AABETS E.BARKS TRUSTEE OF THE GEORGE R.BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30,1983 COMMONWEALTH OF MASSACHUSB'I'1'S Essex,ss. October; ,2003. Then personally appeared the above-named ELIZABETH E. BARKE STEE, d acknowledged the foregoing instrument to be her free act and deed,before otary Public My Commission Expires: pS' Witness my hand and seal this—day of (/Cr 2.003. I ".. /r( LAURIE X BARKER,TRUSTEE OF THE GEORGE R.BARKER,JR. IRREVOCABLE TRUST OF DECEMBER 30,1983 COMMONWEALTH OF MASSACHUSETTS p Essex,ss. Then personally ap the above-named LAURIE M. BARKER, TRUSTEE, and acknowledged the foregoing instrument to Abe her free act and deed,before me. No lici d,d �Y d My Commission Expires: o�QD G PEEP CQIE N+�:�Rte, of hewoo My t,�rn;:a'arF 0w h�W t 8,M Bk 12973 Pg181 #16109 COMMONWEALTH OF MASSACHUSETTS ESSEX Ss CL 0 CE C�CL LEM, 20 S B00 G ATTES REGISTER COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM TO: Andrew W. Maylor,Town Manager FROM: Curt Bellavance, Director RE: Affordable Unit Resale DATE: October 3, 2012 CHAPA(Citizens' Housing and Planning Association), has notified the Town that the following affordable unit is up for sale. CHAPA manages the resale of affordable units at the Oakridge-Maplewood Reserve development. 4 Harvest Drive, Unit 206 at Oakridge-Maplewood Reserve The Board of Selectmen has to determine if they want to exercise their right of first refusal. Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing unit. If the Town chooses to exercise its right,then it would be the responsibility of the Town to purchase the property or locate an individual to purchase the property. CHAPA, which is the monitoring agent for the Town and several other communities, has better resources to preserve the unit as affordable and has recently hired new staff to manage the marketing of the unit. The timeframe is 120 days to find an applicant that meets the affordable criteria. Because the Town has been handling several affordable unit resale's during the past twelve months,our office has been working more closely with the Housing Partnership Committee and North Andover Housing Trust to ensure that the units stay affordable. The deadline to act is November 3. If the Board does not act the right of first refusal is deemed authorized. It is recommended that the Board of Selectmen not exercise their right of first refusal. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com Maylor, Andrew From: Gordon, William Sent: Tuesday, October 09, 2012 7:35 PM To: Maylor, Andrew Cc: Burzlaff, Laurie Subject: Remote Participation in Meetings Hello Andrew, I have received a request from the School Committee to add "Remote Participation" to our next BoS Meeting agenda. I think the request is for a specific date rather than just an open ended request to allow remote participation. They have a meeting on November 1st that Brian Gross is going to be traveling for and he does not want to miss it. Thank you, Bill Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx,htm. Please consider the environment before printing this email. 1 Town of North Andover Fiscal Year 2014 Budget Policy Statement Board of Selectmen William F. Gordon Rosemary Connelly Smedile Donald B. Stewart Richard M. Vaillancourt Tracy M. Watson Town Manager Andrew W. Maylor October 2012 Overview The North Andover Charter(section 9-2-3)requires that the Board of Selectmen, after consultation with the Town Manager,issue a Budget Policy Statement relating to the upcoming fiscal year's budget(FY14-July 1, 2013 to June 30, 2014). The Charter states that the policy statement shall establish the outer limits of possible budget growth for the town. The financial resources identified in this report are preliminary and will be revised, as necessary during the budget process. Budget Policy Objectives and Strategic Goals Notwithstanding the financial constraints that have existed during the past several fiscal years, the FY14 spending plan will focus on maintaining the Town's commitment to the "Fundamentals" a set of policy objectives that seek to promote a single, pro-North Andover agenda. Contained within those Fundamentals are priorities established by the Board of Selectmen as part of their strategic planning process. The primary focus of the Fundamentals, assuming these priorities,includes: • Financial - steadily improving the Town's financial condition through balancing budgets and advancing responsible reserve policies that strengthen local government's flexibility to act on pressing needs while protecting against the impacts of economic downturns that could threaten municipal services delivery and the viability of the Town government. Promoting sustainability through cooperative and regional initiatives and managing the increasing costs of employee benefits. Specifically, initiating changes to the benefit design of employer sponsored health insurance with the utilization of the Health Insurance Reform Act. Additionally, utilizing initiatives allowed under MGL 25A, such as the proposed ESCO project, that encourage the implementation of renewable energy systems or energy conservation measures; • Economic Development — further supporting the Town through an aggressive agenda that seeks to attract new revenue in a variety of forms, including property tax, auto excise tax and building inspection fees. Specifically, the Town will use professional resources to create a "vision"for the Rte 125 corridor from Sutton Street to the Haverhill city line, and engage state officials and other stakeholders to address needed pedestrian and other improvements along Rte 114. Also, a review of the existing bylaws will be undertaken to determine ways to encourage and improve the viability of businesses in the Main Street district; • Neighborhood Enhancement — continually producing improvements in each and every neighborhood of the Town by updating infrastructure through a functioning Capital Improvement Program, cleaning streets, enhancing open space, and tackling and resolving long-standing problems. Particular focus will be given to the aggressive funding of the Town's pavement management plan to improve the condition of the Town's streets and sidewalks. The Town will pay particular attention to future large scale residential developments with an eye toward limiting detrimental impacts on the delivery of town services; 1 • Community Development — fully encouraging partnerships between Town government and its stakeholders in North Andover's success, including other governmental entities, the business community, non-profit leaders, neighborhood groups and individual residents, in order to support a broad array of programs and initiatives that may or may not be Town-run, but are all supportive of the Town's desire to promote the advancement of its families and individual residents over a broad range of human needs, including, but not limited to, affordable housing, health care, education and job training. In FY14 Town government will seek to implement ways to encourage improved business and corporate outreach to existing business and prospective businesses; • Public Safety — constantly improving upon the protection of the public and its property by initiating policy and providing the necessary resources, be it training, manning or equipment, to effectively carry-out the missions of the Town's law enforcement, fire and emergency management agencies; • Governmental Philosophy — becoming a more open, responsive and responsible municipal government that not only hears the needs of its people, but develops and initiates efforts designed to address those needs in an honest, fair, equitable, accountable and cost-effective manner, while never sacrificing good government for the benefit of those whose goals run counter to that of a pro-North Andover agenda. In FY14 the Town will remain committed to the implementation of the Facilities Master Plan adopted by the Town Meeting of 2012; Financial Reserve Policies Fund balance and reserve policies should be established to protect the Town from unforeseen increases in expenditures,reduction in revenues, or a combination of both,or any other extraordinary events. Fund balance and reserve policies also serve to provide an additional source of funding for capital construction and replacement projects. Reserves should normally average 5% and 10% of the Town's operating budget. The Town, as recommended by the Finance Committee, Board of Selectmen and authorized by the Town Meeting has been steadily building up reserves in anticipation of a time when revenue growth would slow, stop or decline. The realities of the current economic conditions, however, are having a negative impact on the Town's revenue prospects and potentially for several additional fiscal years to come. There are two classes of reserves: 1)restricted reserves which are to be utilized only for the purpose designated, 2)unrestricted reserves which can be utilized at the discretion of the authorized personnel. Reserve policies cover operating reserves,which provide for unanticipated expenditures or unexpected revenue losses during the year. Capital reserves, which provide for normal replacement of existing capital plan and the financing of capital improvements. OPEB reserves provide for funding of other post employment benefit liability. Cash flow reserves,which provide sufficient cash flow for daily financial needs. Contingency reserves provide for unanticipated expenditures. The policies presented here are categorized in the following sections: 2 • Operating Undesignated Fund Balance Free Cash • Stabilization Fund • Capital Stabilization Fund • OPEB Liability Trust Fund Operating The maintenance of adequate operating reserves is essential to the financial strength and flexibility of the Town as a whole. Adequate operating reserves are integral parts of the financial structure of the Town and help make it possible for the Town to issue debt, among many other functions. Undesignated Fund Balance Operating fund balance shall be maintained at sufficient levels to absorb unpredictable revenue shortfalls and to insure desired cash flow levels. With regard to the General fund, cash balances available at year end shall, in combination with the new revenues be sufficient to preclude any requirement for short-term debt to sustain Town operations. Should this fund balance fall below 5%of the "Fund Balance Floor,"defined as revenue less Chapter 70 school aid, a plan for expenditure reductions and/or revenue increases shall be submitted to the Board o Selectmen during the next budget cycle. What is considered the minimum level necessary to maintain the Town's credit worthiness and to adequately address provisions for a) economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy and b) cash flow requirements, c) In addition to the designations noted in(a) and (b) above, fund balance levels shall be sufficient to meet funding requirements for prior year approved projects which are carried forward into the new fiscal year, debt service reserve requirements, reserves for encumbrances, and other reserves as required by contractual obligations or generally accepted accounting principles. Free Cash Reserve This reserve provides for the temporary financing of unforeseen opportunities or needs of an emergency nature including increases in service delivery cost. This is the portion of undesignated fund balance certified by the Department of Revenue,Division of local Services, as"Free Cash". Monies held in this reserve may be appropriated during the current budget year and may also be used as a source of revenue for the ensuing budget year. Of all general fund reserves this is the most flexible. 3 Stabilization Fund This fund is a statutory reserve account dictated by Chapter 40 Section 5B of the Massachusetts General Laws, and may be used for any municipal purpose for which the Town would be authorized to borrow money under Section seven or eight of Chapter 44 of MGL or any other lawful purpose. This fund requires a two-thirds affirmative vote by the Town Meeting to appropriate and at no time can an appropriation into this fund exceed 10%of the previous year's real property tax levy or can the fund exceed 10% of the equalized value of the Town. The purpose of this fund is to provide long term financial stability for the Town while improving the Town's credit worthiness and flexibility. The Town's goal is to achieve a fund balance in this Fund equal to 5%of General Fund operating expenditures. Capital Stabilization Fund The 2012 Annual Town Meeting established the Capital Stabilization Fund which is a statutory reserve account dictated by Chapter 40 Section 5B of the Massachusetts General Laws and may be used for any municipal purpose for which the Town would be authorized to borrow money under Section seven or eight of Chapter 44 of MGL or any other lawful purpose. The FY13 appropriation into this fund was $25,000. This fund is to provide an additional source of funding for capital construction and replacement projects, as well as unforeseen capital expenditures not budgeted. Appropriations from this fund are governed by statute and require a two-thirds affirmative vote of Town Meeting. The goal should be to maintain a balance equal to 5% of the five year spending projection of the CIP. OPEB Liability Trust Fund The purpose of this fund is to provide for funding of other post employment benefit liability. This fund was established in May 2010 at the Annual Town meeting with the acceptance of Massachusetts General Law Chapter 32B, Section 20 which allows the establishment of other post employment benefit liability trust funds in municipalities and certain government units. The Town's OPEB expenditures are financed on a pay-as-you-go-basis from annual appropriations and the Town's current financial statements do not report the financial impact of OPEB until the benefits are paid. The Town contracted with a firm to complete an actuarial to comply with the Governmental Accounting Standard Board(GASB 45). At a discounted rate of 4.5%the present value of future benefits total $196,183,443. The actuarial accrued liability is $117,724,442, current normal cost of$6,817,313, and the present value of future normal cost is $71,641,688. The annual required contribution to cover normal cost and the actuarial accrued liability is $11,619,030. Based on FY13 funding of$3,186,990, the current unfunded portion of the annual required contribution is $8,718,669. 4 Stabilization Fund Balances Town Stabilization Fund This fund is a statutory reserve account which may be used for any municipal purpose. This fund requires a two-thirds affirmative vote by the Town Meeting to appropriate. Fund balance as of June 30, 2012 $2,925,718 FY13 contribution $ 225,000 FY13 Fund Balance as of July 1, 2012 3.1 Town Capital Stabilization Fund This fund is a statutory reserve account which may be used for additional source of funding for capital construction and replacement projects, as well as unforeseen capital expenditures. This fund requires a two-thirds affirmative vote by the Town Meeting to appropriate. Fund balance as of June 30, 2012 $ 0 FY13 contribution $ 25,000 FY13 Fund Balance as of July 1,2012 &-2-5.000 Undesignated Fund Balance The General Fund budget includes expenditures that are financed through transfers from other funds, such as Water, Sewer and Stevens Estate funds. Fund balance as of June 30, 2011 $ 2,687,021 FY12 revenues and other financing sources $ 79,944,713 FYI expenditures and other financing uses $(77,760,594) Fund Balance as of June 30,2012 $4,871,139 Free Cash as of June 30,2102 $2,388,866 5 Development of the Fiscal Year 2014 Budget The budget development process is structured to integrate long range planning with the specific short term decisions that need to be made in the upcoming fiscal year's budget. The Town has adopted the Government Finance Officers Association(GFOA)budget format and other tools to enhance the thoughtfulness and depth of the information gathering process that ultimately leads to an approved comprehensive financial plan. The framework of the budget development process includes: Strategic Budget-Based on Long-Term Policies and Plans-The budget process began in early October with a strategic planning session involving the Town Manager and Board of Selectmen. The Town Manager's Five Year Financial Forecast to be presented in November, the Five Year Capital Improvement Plan,the continued implementation of the Facilities Master Plan, and in the future, the comprehensive Open Space Plan will provide the linkage to the strategic context for the budget and reinforces the budget's role of implementing priorities within these plans. Financial Context for the Budget—This review of available funding sources is a crucial first step in the capital planning and budget processes of the Town. This policy statement will provide the initial focus for budgeting development by setting broad expectations for the upcoming budget cycle and giving general direction to budget planners. The economic scan of FY 14 indicates there was a continued incremental increase in economic growth in the state during the past year. The focus is, and will remain, on creating a sustainable service delivery model into the future. Financial Plan General Fund Overview General Fund Budget Summary A key component of the budget development process is the identification of revenue assumptions and projections to determine the range of choices the Town Manager can make in allocating resources. Because of the critical nature of this information the Town Meeting voted to adopt in May 2004 the Revenue/Fixed Costs Review Committee whose main purpose is to advise the Town Manager and other Town officials on projected revenues, other financial sources, and fixed costs to facilitate the annual budget development process. The committee shall meet within thirty days but no later than December 1St of the issuance of the Board of Selectmen's budget policy statement, and shall report to the Town Manager with their initial revenue projections within 45 days of their first meeting. The committee may continue to meet after the issuance of the report for the purpose of providing continued advice. 6 The Town does not have the statutory ability to change rates and formulas for many of its revenue sources. The rates and/or formulas for property tax and certain fines, for example, are set by the State. The Town may set user fees,permits and licenses. In 1980, the voters approved a statewide property tax initiative,Proposition 2 1/2. Prop. 2 1/2 established, among several restrictions, a"2 %2 percent cap"on property tax increases in all local taxing districts in the State. Town revenue is divided into six basic categories recommended by the National Committee on Governmental Accounting. The categories are taxes, charges for services, licenses and permits, fines and forfeits, intergovernmental revenue, and miscellaneous revenue. The following is a discussion of the Town's projections for those categories in FY14. TAXES Real and Personal Property Tax The primary sources of revenue for municipalities in the Commonwealth are the real property tax and personal property tax. For purposes of taxation,real property includes land and buildings and improvements erected or affixed to land and personal property consists of stock,inventory, furniture, fixtures and machinery. The Town's Board of Assessors determines the value of all taxable land,which is revalued at fair market value every three years and updated every year. FY 13 is the next scheduled revaluation year for the Town. The Towns' Board of Assessors is also responsible for determining the value of personal property through an annual review process. Major Changes: There are three major factors that influence the amount of revenue generated by the real and personal property tax: 1. Automatic 2.5%increase—Each year, a community's levy limit automatically increases by 2.5% over the previous year's levy limit. This does not require any action on the part of local officials. This amount is estimated to be$1,491,350 for FYI 4. 2. New Growth—A community is able to increase its tax levy limit each year to reflect new growth in the tax base. Assessors are required to submit information on growth in the tax base for approval by the Department of Revenue as part of the tax rate setting process. In FYI 4,based on current trends new growth is estimated to be$600,000. 3. Overrides/Exclusions—A community can permanently increase its levy limit by successfully voting an override. Debt and Capital exclusions are temporary increases in a communities levy limit for the life of the project or debt service. Only a debt or capital exclusion can cause the tax levy to exceed the levy ceiling In FYI the debt exclusion is estimated to be$1,759,395. The levy ceiling of a Town is 2.5%of valuation of the 7 The ceiling for the Town ioFYl2 was $lU3jZl5J05. Asthe following shows,the Town is substantially under its levy %oawe Year to Year Comparison pvm p/11 n/o p/zs r,m rv13 pv1* Tax Levy(per RECAP) $56,739,535 $58,588,509 $60,650,525 $61,425,653 $63,504,758 3.4% *Estimated -`---------------`--------------------'----'------------------------ $°" -_----- __________--__-__��__'__ S60 �- -- - -- - � $40 -- $20 1---- ---------------- -- ---- -- - ' -------------- S0 �-----------�-----------r------- '-----------�—�-------� � nm n11 nzz FY 13 nz^ � � ( ,` -- - - - ------� - - - - - --` � ---��-�--, Motor Vehicle Excise Tax Receipts- State law(Proposition 2VUsets the motor vehicle excise rate at$25 per$1000 valuation. The Town collects these monies based oodata provided by the Massachusetts Registry uf Motor Vehicles. The Registry, using u statutory fooniln based ouu manufacture's list price and year of manufacture, determines valuations. The Town or town iu which u vehicle io principally gurugedutdbe1b000f registration collects the motor vehicle excise tax. In January 1992,the Registry of Motor Vehicles implemented uoen' computer tracking system that will force auto owners b`pay their excise taxes. Those who do not pay will not bc allowed to renew registrations uudboenucu. Cities and towns must notify the Registry of delinquent taxpayers. Major Changes: This revenue source had expanded in recent years oa the Town has focused outhis category as a source of revenue expansion. Due to the national economic situation and budgeting practices in previous years excise receipts are expected to stay level in FYI 4 compared toFY13. mcho"ne Year to Year Comparison pvo FY11 pvz FY13 pv14 FYzs pv14 Motor Vehicle Excise g 9'492'903 $ 3'775'200 $ 3,750'578 $ 3'600,000 $ 3'600'000 * 00% *Estimated S4 -- — — — rs $3 _ - - s $3 FY10 FY11 FY12 FY13 FY14 Penalties and Delinquent Interest-This category includes delinquent interest on all taxes and tax title accounts. It also contains demand fees on real and personal property taxes as well as demands and warrants on late motor vehicle excise taxes. Delinquent Interest and Penalty Charges-The Town receives interest and charges on overdue taxes. Interest rates for overdue real and personal property taxes are 14%, and for tax title accounts, 16%. The interest rate for delinquent excise tax accounts is 12%from the due date. State law dictates the interest rate for taxes,while local bylaw sets water/sewer charges. If real and personal property taxes are not paid by May 1, in the year of the tax, a demand for payment notice ($30) is sent to all delinquent taxpayers. Delinquent motor vehicle taxpayers are sent a demand($30), a warrant($5), and two separate notices from a deputy tax collector ($9 and$14). The deputy collector's earnings come solely from delinquent penalty charges in lieu of a salary. Demands are($30) and warrants are not issued for delinquent water/sewer service accounts,which are subject to a lien on the real estate tax bill. Once a delinquent real estate account goes into a process of tax title, there are other fees added to the property tax bills. These charges include the cost of recording the redemption($75/$30) and demand notices. In Lieu of Tax Payments-Many communities,North Andover included, are not able to put all property within its borders to productive,tax generating uses. Federal, state and municipal facilities,hospitals, churches and colleges are examples of uses that are typically exempt from local property tax payments. The Town currently negotiates with one entity for a PILOT payment of$ 32,000 per year. Municipal Lien Certificates-The Town Collector issues a certificate indicating any amount owed on a particular parcel of property to an individual requesting the information within five days of the request. The cost per certificate is $35 per parcel. LICENSES AND PERMITS/SUMMARY Licenses-License revenue arises from the Town's regulations of certain activities (e.g. selling alcoholic beverages). A person or organization pays a licenses fee to engage in the activity for a specific period. The primary licensing agency in the Town is the Board of Selectmen. All fees are set by one of the three methods: State law, Town-By-Law or Licensing Body. 9 Permits—Permits are also required when a person or business wants to perform a municipally regulated activity(e.g.,building, electrical, or plumbing services). The bulk of the permit revenue is brought in through building permits, collected by the Building Department. All construction and development on the Town must be issued a building permit based on the cost of construction. The Board of Selectmen adopted a revise building inspection permit fee schedule in Fiscal 07. The most common licenses and permits are briefly described on the following pages. A complex fee schedule is available from the Board of Selectmen or the Building Department Liquor Licenses—Under Chapter 138 of the General Laws of Massachusetts,the Town is empowered to grant licenses regulating the sale of alcoholic beverages. License fees vary depending upon the type of establishment, closing hours,number of days open, and whether the license is for all alcohol or beer and wine. All licenses issued by the Board of Selectmen,with the exception of special and seasonal liquor licenses,have a maximum fee set by the State statute. The Town may issue liquor licenses within the limits of the State quota system,which is based on population. Special licenses carry a fee and do not fall under the State cap. Total revenue for special licenses depends on the number and length of events that receive licenses. Common Victualer—The common victualer licenses allows food to be made and sold on the premises. Entertainment—Entertainment licenses are issued for live performances,movie theaters, automatic amusement machines,billiard tables,bowling alleys and several other forms of entertainment. Building Permits—Building permits are issued to qualified individuals and companies to do repairs alterations,new construction or demolitions in the Town. The cost of permits is based on the estimated cost of the project or by a set fee. Electrical Permits—Electrical permits are issued to licensed electricians to perform specific electrical work. The cost of the permit is dependent on the number of switches, lights, alarms and other electrical components included in the job. Plumbing Permits—Plumbing permits are issued to license plumbers to install and repair piping for a specific job. The fee is based on the amount and type of work being done. Weights &Measurers—Weights and Measures permits are issued for scales, gas pumps and other measuring devices. 10 Town Clerk Licenses &Permits—The Town Clerk issues licenses and permits primarily relating to marriages,births,deaths,business certificates, raffles,passports and dog registrations. Other Departmental Permits—Other Departments issue various permits including fire permits, fire alarm box permits, firearms, fishing and boating permits. Major Changes: The Board of Selectmen last adjusted Building Inspection fees based upon an analysis of similar fees in surrounding communities in FY 07. %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 FY13-FY14 Licenses and Permits $ 230,836 $ 225,199 $ 227,644 $ 223,375 $ 230,962 * 3.4% *Estimated r $235 - -- _ $230 - a - - - -- - $225 - - -- - "" - _ o $220 - $215 r FY10 FY11 FY12 FY13 FY14 %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 * FY13-FY14 Fees(Bldg,Plumb, Elec.,etc.) $ 856,329 $ 954,715 $ 1,163,413 $ 955,800 $ 1,020,171 6.73% *Estimated 0 $1 ,. { FY10 FY11 FY12 FY13 FY14 1 FINES AND FOREITS Parking Fines—The collection of outstanding parking fines continues to be an important source of revenue to the Town. The timely collection of fines has been aided by automation, and by State law that violators are prohibited from renewing their driver's license and registrations until all outstanding tickets are paid in full. 11 Moving Violations-Non-parking offenses result in moving violation fines. Responding to the community's desires and public safety concerns that mostly focused on speeding violations in local neighborhoods. Among the violations included in this category are speeding,passing in the wrong lane, and failing to stop at the traffic signal. These fines, collected by the District Court, are distributed to the Town on a monthly basis Major Changes: Under the Municipal Relief Package passed by the legislature 2003 increased the amount of fines that may be collected for violations of any regulations, orders, ordinances or bylaws regulating parking of motor vehicles. %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 FY13-FY14 Parking Fines/Moving * o Violations $ 104,037 $ 101,589 $ 108,998 $ 100,000 $ 121,444 21.4/0 *Estimated $150 — -- _ — — i c $50 �.— - - --- — s r FY10 FY11 FY12 FY13 FY14 x r INTERGOVERNMENTAL REVENUE Cherry Sheet- State Cherry Sheet revenue funds are primary intergovernmental revenue. Cherry Sheet revenue consist of direct school aid, local aid and specific reimbursements and distributions such as aid to public libraries,veterans benefits and a number of school related items. For the purpose of this FY14 Budget Policy Statement the Town is projecting level funded Cherry Sheet revenues. The Governor's Budget will be released in late January 2013 and we will know more at that time about state aid. Please note that the increase in Chapter 70 and Unrestricted General Government Aid displayed in the charts below are a result of a positive difference between the estimate in these categories used to develop the FY13 Budget and the actual amount from the adopted state budget for FY13.No additional state aid is being projected for FY14. Every year the Commonwealth sends out to each municipality a"Cherry Sheet",named for the pink colored paper on which it was originally printed. The Cherry sheet comes in two parts, one listing the State assessments to municipalities for MBTA, Retired Teachers Health Insurance, air pollution control districts and the other state programs: Each Cherry Sheet receipt is detailed on the following pages. 12 School Aid—Chapter 70 school aid is based on a complex formula that takes into account: (1) statewide average cost per pupil: (2) local district pupil counts, with weighing factors to reflect varying costs among programs such as special education or vocational education, and(3)municipal fiscal "ability to pay"for education, as measured by equalized valuation per capita as a percent of statewide average. Major Changes: There has been discussion at the state level regarding an overhaul the foundation budget and a new method for measuring municipal ability-to-pay and for determining required local contribution and school aid amounts. %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 FY13-FY14 Chapter 70 $ 5,440,937 $ 6,092,035 $ 6,124,740 $ 6,702,729 $ 6,808,233 * 1.6% *Estimated p � k ` R FY10 FY11 FY12 FY13 FY14 d � Local Aid—The major non-school state aid items are the Unrestricted Government Aid. These funds are unrestricted and can therefore be used by the municipality for any municipal purpose. Major Changes: Starting in FY2010 the Governor, combined Lottery Aid with Additional Assistance into one category called Unrestricted General Government Aid. %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 FY13-FY14 Unrestricted General Gvt Aid $ 1,805,628 $ 1,733,403 $ 1,608,071 $ 1,721,529 $ 1,733,403 * 0.7% S2 i 52 .. u . 1 FY10 FY11 FY12 FY13 FY14 Veterans Benefits—Under Chapter 115, Section 6,municipalities receive a seventy-five percent State reimbursement on the total expenditures made on veterans' benefits. Charter Tuition Reimbursement—To reimburse sending districts for a student tuition and the capital facilities tuition component they pay to Commonwealth charter schools. The capital facilities tuition component includes interest and principal payments, for the construction,renovation,purchase, acquisition, or improvement of school building and land. Exemptions: Veterans,Blind Person, Surviving Spouse- To reimburse the municipality for property tax exemptions granted to qualifying veterans,blind person, surviving spouse and elder person. State Owned Land—To reimburse the municipality for forgone tax revenue due to certain types of tax exempt state-owned land. MISCELLANEOUS REVENUE Interest on Investments—Under Chapter 44 Section 55B of the Massachusetts General Laws, all monies held in the name of the Town which are not required to be kept liquid for purpose of distribution shall be invested in such a manner as to require the payment of interest on the money at the highest possible rate reasonably available. The investment decision must take into account safety, liquidity and yield. Major Changes: Interest rates on investment have declined through FY13 and are expected to continue stay level moving into FY14. %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 FY13-FY14 Investment Income $ 396,306 $ 313,836 $ 118,449 $ 100,000 $ 118,400 * 18.4% *Estimated u, $6003 rc_ $400 -- - -------- i � FY10 FY11 FY12 FY13 FY14 f 3 14 INTERGOVERNMENTAL/INTERFUND TRANSFERS Water, Sewer and Stevens Estate Transfers- The Water, Sewer and Stevens Estate funds, financed by water and sewer usage charges and event fees provide reimbursement for direct and indirect cost associated with a variety of the Town services, including those offered by Technology, Accounting, Town Manager,Treasurer/Collector,Personnel, Town Council and Town Clerk. Additional, enterprise funds provide reimbursement for employee benefits and maintenance of the Water, Sewer and Stevens Estate accounting and billing systems along with property/casualty insurance and workers compensation policies. %Change Year to Year Comparison FY10 FY11 FY12 FY13 FY14 FY13-FY14 Interfund Tranfers $ 1,113,149 $ 1,358,179 $ 1,463,962 $ 1,522,864 $ 1,640,268 * 7.7% *Estimated $2,000 f t � 7 ' $1,000 A- 0 -- N FY10 FY11 FY12 FY13 FY14 Aggregate Impact Preliminary total revenue estimates for FY14 are expected to increase by$1,982,297 or 2.43%from FY13. Expenditure Guidelines Based upon these preliminary estimates the Town will have approximately$83.5 million of available General Fund resources to fund the fiscal year 2014 operating budget. As was the case in the previous years the Town has little or no short term control over fixed and semi-fixed expenditure categories. However, efforts that are underway to address the cost of health insurance offered to employees and the plan initiated last year to reduce debt service costs to 4.5%of expenditures over time should help mitigate the adverse effect these areas have had in the past on available revenue. It is critical to note that at this very preliminary stage of the budget process, too many variables (revenue and expenditure) exist to guarantee our goal of maintaining service levels at the current standard. 15 FY14 BUDGET CALENDAR Capital Improvement Plan instructions distributed September 28,2012 Budget Policy Statement adopted October 15,2012 Charter 9-2-3 Capital Improvement Plan requests submitted October 24, 2012 Operating Budget instructions distributed November 1,2012 Revenue/Fixed Costs Review Committee initial meeting no later than November 14, 2012 Bylaws Chapter 17 Town Manager presents Five-Year Financial Forecast November 19,2012 Recommended Capital Improvement Plan issued to Selectmen December 17,2012 Charter 9-5-2 Recommended CIP forwarded to Finance Committee December 18,2012 Revenue/Fixed Costs Review Committee issues final report no later than December 28,2012 Bylaws Chapter 17 Superintendent submits budget to School Committee January 11,2013 Departmental Operating Budget requests submitted January 13,2013 Charter 9-2-4 Board of Selectmen vote to adopt Capital Improvement Plan no later than February 4,2013 Charter 9-5-2 School Committee holds public hearing February 7,2013 School Committee votes on School Department budget February 14,2013 Recommended Operating Budget issued to Selectmen February 19,2013 Charter 9-2-5 Recommended Operating Budget forwarded to Finance Committee February 20,2013 FYI 4 BUDGET CALENDAR (CONTINUED) Deadline to submit citizen petition articles no later than March 18,2013 at 4:30 pm Board of Selectmen vote to close Warrant for Annual Town Meeting no later than March 18,2013 Charter 2-2-2 Board of Selectmen vote to adopt Operating Budget no later than March 18,2013 Charter 9-3-1 Finance Committee public hearing April 9,2013 Charter 9-6-1 Finance Committee Recommendations and Report due no later than April 18, 2013 Distribution of Annual Town Meeting Warrant no later than April 30, 2013 Charter 9-6-1 Annual Town Meeting May 21, 2013 § 59-6 Annual Town Meeting [Amended: Annual Town Meeting May 2, 1994, Article 171 [Amended: Annual Town Meeting May 12, 1997,Article 37,Attorney General Approval August 13, 19971 [Amended: Annual Town Meeting May 15,2000,Article 351 Annual Town Meeting shall be held on the first Monday in May at 7:00 p.m. In accordance with MGL Chapter 39, Section 9, which permits the Board of Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon. TOWN OF NORTH ANDOVER,MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel.978-683-3168 October 11,2012 Mr. William Gordon,Chairman North Andover Board of Selectmen 120 Main Street North Andover,MA 01845 RE: Stop sign, Saltonstall Road Mr.Gordon, In an effort to further enhance the safety of the area behind the Thomson School the Police Department is recommending a stop sign be placed on Saltonstall Road at the intersection of Herrick Road,This regulatory sign does not conflict with any standards or principles that govern the use of traffic control devices since Herrick Road clearly has the right of way at the intersection. Due to the unusual character of the intersection we are teaming with the Department of Public Works to determine if any engineering changes could further improve the control of traffic through the area particularly during school arrival and dismissal times.Although there have not been any recent accidents in that area we do feel this additional sign is warranted.A painted stop line will likely be added in the future. Thank you for your consideration on this request. Respectfully Submitted, Li John JCyy amey Cc:Paul f.Gallagher,Chief of Police Mark Wilson, Safety Officer Bruce Thibodeau,Director of Public Works a 1 ! s ' t 4w, Y � o A OtM, u r 1 i a I Y 1 k} p, 1 y G� d ; m B O y p S sr r k r; z�•a f��{� i - '� � � �2�. ,ap ��. a j �� � 3���•s.,�: ,�. Est 'r Y } a � t �� Fc�ioz �icdoo�, c'i1�O 0995 A # October 15,2012 0d I"IPP To: Honorable Board of Selectmen Via: Assistant Town Manager,Ray Santilli �!9rd Subject: Request to Conduct Ceremony&Parade Ladies and Gentlemen: In recognition of Veterans Day the Patriotic Observance Committee respectfully requests permission to conduct appropriate parade and ceremonies on Sunday, Lega (icer. November 11,2012. To accommodate the staging of the parade we request permission to close off :r 2Ef�rofr the end section of First Street at Messina's Plaza. To ensure the Parade dose not interfere with the local Churches Services we gt,gz contacted St. Gregory's, St. Michael and St. Paul's and have readjusted the itt` f parade Timing as follows: Parade forms at 09:45A.M. on the corner of First& Main Street and step-off at 10:00 A.M,proceed up Main Street and march onto �-'ra ws 0ffil er Patriots Memorial Park for appropriate services. Upon completion of services, (Pfii(Pe Ire i ie'r the Parade will reform and proceed up Main Street to the V.F.W.Post 2104 on Park Street to raise the flag and salute all Departed Veterans. 1-)(R are.`04fgon The Patriotic Observance Committee unanimously voted to dedicate this year's Veterans Day Parade and Ceremony to the memory of LT. Col Harold A. % rraeat.c:cz �qioa Dushame and respectfully request the Board of Selectmen proclaim it so. ( e4`. rrar'da In the event of inclement weather our services will be held in the Middle School 0 Veterans Auditorium at 10:30A.M. For questions or comments please contact North Andover Veterans Service %?`ant&W% -r1—tare Officer Edward V. Mitchell at(978) 688-9525. .a;+c,rarerric °��;r,��ttszs;�t Thank you, d �-z Ted Tripp, Chairmen �,,qxt �- rAdwry .9afvdofic, (:9hwwa&w C` mIniffew, G xh g a� J October 10, 2012 To: Honorable Board of Selectmen Vic Via: Assistant Town Manager, Ray Santilli Subject: Request to Conduct Ceremony&Parade Ladies and Gentlemen: In recognition of Veterans Day the Patriotic Observance Committee respectfully requests permission to conduct appropriate parade and ceremonies on Sunday, November 11,2012. 'Alan,Lf nc—,,. To accommodate the staging of the parade we request permission to close off a rt r a the end section of First Street at Messina's Plaza. The parade will form at 10.00 A.M. on the corner of First&Main Street and step-off at 10:15 A.M,proceed up Main Street and march onto Patriots Memorial Park for appropriate services. Upon completion of services,the Parade will reform and proceed up Main Street to the V.F.W. Post 2104 on Park Gra,ues rfr Street to raise the flag and salute all Departed Veterans. '`°Seib 4-,e1;ieiter The Patriotic Observance Committee unanimously voted to dedicate this year's Veterans Day Parade and Ceremony to the memory of LT. Col Harold A. Dushame and respectfully request the Board of Selectmen proclaim it so. tl ra A �ear-C i3ayn In the event of inclement weather our services will be held in the Middle School C �F U�0 lu dadlr? Veterans Auditorium at 10:30A.M. Ml - For questions or comments please contact Edward V. Mitchell at(978) 688- itcfi t'f 9525. �10- r, Thank you - - , t`JL`*PJEen q�.r 2�Pd�B_' John r C?Z X84,,' � Ted Tripp, Chairmen Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OF NORTH q ?h4t'I°eo"•a ti0 Joyce A,Bradshaw,CMMC ~ p Telephone(978)688-9501 Toy-m Clerk, *c ry FAX(978)688-9557 'ty SSACHOSE MEMORANDUM TO: Rosemary Connelly Smedile, Chairman, Licensing Comm. Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk DATE: October 10, 2012 SUBJECT: 5 One Day Requests from Merrimack College Attached please find 5 One Day Requests from Merrimack College. They are as follows: Wine and Malt requests: 11/2/2012 Homecoming Reception Campus Center Patio under awning 9 pm— 12am 11/3/2012 Homecoming Reception Campus Center Patio under awning 9 pm— 12 am 11/3/2012 Homecoming—Warrior Field—under a tent 11 am—3 pm 1 1/3/2012 VIP Reception Rogers Center Lobby 5 pm—7 pm All alcohol Request: 11/3/2012 Advisory Board Breakfast Meeting—Cascia Hall 8 am— 12 pm Included are favorable recommendations from the North Andover Police Department,Fire Department and Building Inspector. If you have any questions or concerns,please do not hesitate to contact me or Joyce Bradshaw. Thank you. nit - �, �.✓,�k'-s.^*M. TOWN OF NORTHANDOVER, MASSACHUSETTS r- Police Departments 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 To: Karen Fitzgibbons From: Lt.John Carney RE: One Day Liquor Licenses Date: October 10,2012 The Police Department recommends favorable action on the request from Merrimack College for five one day liquor licenses for events on their property on November 2 and November 3,2012 as outlined in their applications. Fitzgibbons, Karen From: Brown, Gerald Sent: Tuesday, October 09, 2012 9:02 AM To: Fitzgibbons, Karen Subject: Re: Merrimack College The Building Dept. has no issues TOWN OF NORTH ANDOVER Fire Department Central Fire:Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,{ORTH Andrew Melnikas oFR, ,6�N Fire Chief 3� z`''' ° oL Telephone(978) 688-9593 FAX (978) 688-9594 Lt.F. McCarthy q�TEO^Pps<5 amelnil:as(ci),townofnorthandover.com Fire Prevention Officer "SSAOHUS�� fincearthy2townofnorthandover.corn Town Clerk's Office 120 Main St. North Andover,Ma October 9,2012 Karen, The Fire Department recommends favorable action for granting one day liquor licenses to Merrimack College for the following dates,November 2 and 3,2012. As you are aware the State Fire Marshall's Office has included one day liquor licenses in the inspection of premises under the current law for annual licenses. The Fire Department reserves the right to withhold this license if after inspecting the premises find fire or building code violations that are not remedied prior to the start of the event. Please notify all applicants of one day liquor licenses that the Fire Department will be inspecting the premises prior to the event and any violations need to be remedied prior to the event.Unfortunately the inspection will have to be performed just prior to the event to view the setups. This may not give the applicant ample time to correct any violations. I suggest the applicant contact Fire Prevention a week or 2 before the event to discuss safety issues. Regards, Lt Frederick McCarthy Fire Prevention 978-688-9590 Ir Merrimack _ C O L L E G E .� Ficr FORTH ANDOVER, MASSACHUSETTS 01845 2012 OCT —9 AM 8: 18 978-837-5000 > mummem.mack.edu 1 OF ti NORTH _ MAS3A,CE-iUS i TS' October 3,2012 VIA FIRST CLASS MAIL Board of Selectmen Town of North Andover 120 Main Street North Andover,MA 01845 ATTN: Karen Fitzgibbons Re: Merrimack College-Request for one-day license Dear Karen: Please find enclosed completed One Day Liquor License Applications and checks in support of same for the following: 11/2/12 Homecoming Reception 9 pm - 12 am 11/3/12 Homecoming Reception 9 pm- 12 am 11/3/12 Homecoming 11 am- 3 pm 11/3/12 VIP Reception 5 - 7 pm Should you need anything further, please let met know. As always,thank you so much for your help. Very truly yours, J nnifer Konopisos 11\1Aanager,Administrative Affairs TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION Organization holding event: Name&Address of Responsible Party: R t I to yi­( Contact Number&e-mail f-r��rrl T�(G1'C.�lzq?6 122 —SZO Location of Event: (/> r" Pafi�—>uoQ ,_ r� Type of Event: Is the event being catered? Yes No Name of Caterer 6X2 Date &Time of Event: 1 t 2 ! I �— � 1 12 Q f� Non Profit Organization Other Than Non Profit r ine&Malt All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BYTHE LICENSEE FROM A WHOLESALER Has permission been received from the property o,/w,nerto hold this event? Who is serving the alcohol? Cam!1 Does the server have liquor liability insurance? Have servers had training in alcohol service? < I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcoho cense and certifythat I am not prohibited from holding such license. I agree that the Town of Nort A ov ' in.no way responsible for the actions of the applicant. iU 3 kplio'nt's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION Organization holding event: Name&Address of Responsible Party; OF �2�'�P.� �r� �av !?71 f37 511q Contact Number&e-mail Location of Event; Type of Event: Is the event being catered? es No Name of Caterer JA Date&Time of Event: Am rofit Organization Other Than Non Profit 'Wine&M All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event?�i- Who Is serving the alcohol? 7 fA�- �Pr7�D� +�71i'Il� Does the server have liquor liability insurance?_V/T I Have servers had training in alcohol service? y s i 1 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol icense and certify that I am not prohibited from holding such license. I agree that the Town of Nort . r Is in no way responsible for the actions of the applicant. dov W_0/�-icani's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION Organization holding event: L ll 07A Ide Name&Address of Responsible Party: �. R l9�4621 yer Contact Number&e-mail 72GGJ`LG[1 Location of Event: kfa, r,6A� I%U ��/�f'" Type of Event: l" Aol Ing Is the event being catered? ED� No ,/ Name of Caterer b e 5a) / Date&Time of Event: 'I _/ r� �I Qf_ R �?'1 Non Profit Organization Other Than Non Profit Wine&Malt All Alcohol Wine& Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property ownerto hold this event? Who Is serving the alcohol? 17/5 ljg4llf Does the server have liquor liability insurance? VA Have servers had training in alcohol service? I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North A. ver' in no way responsible for the actions of the applicant. /D Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION Organization holding event: meier1-maek Name&Address of Responsible Party: 3T 7_orl/al Zr car A p �7 Contact Number&e-mail 40.JA?-,6 � a-e 1 Location of Event: � �rS L��n�I, L. b bk Type of Event: �L�✓✓�_ Is the event being catered? No Name of Caterer{' �kD Date&Time of Event: // 12 L A/ L lom Non Profit Organization Other Than Non Profit Wine&Malt i All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this eveentt?� Who is serving the alcohol? � Does the server have liquor liability insurance?y[�� Have servers had training in alcohol service? 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alco I Lice e and certify that I am not prohibited from holding such license. I agree that the Town of No h nd Is in no way responsible for the actions of the applicant. Applicant's Signature Date RECEIVED T0YJ1` rLtFP 0FFIGf" � r e 2012 OCT 10 AM 11: 27 TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION NORTH AN'D 1';`i�} MASSAC "Ur, i M Organization holding event: 1 ► lPi � L D L r—r,n r- p✓�D X15 c Name&Address of Responsible Party: \Y-[p Contact Number&e-mail Location of Event: Type of Event: BvLat t—(1 I j�f�. it I Is the event being catered? es No Name of Caterer -)c-0 Date&Time of Event: 6 I a� Non Profit Organization Other Than Non Profit Wine&Malt All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol?j ��/-'j]�i e �YId_l'-1 .� i Does the server have liquor liability insurance? Have servers had training in alcohol service? _� I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day MApplica ense and certify that 1 am not prohibited from holding such license. I agree that the Town of I! over is in no way responsible for the actions of the applicant. 0. Signature Date New Business Old Business Public Comment Town Manager's Report Job Posting/Vacancy Log October 12,2012 rDate Posted Position Department Hiring Status Mana er 10/12/12 Reserve Police Police Chief Paul Civil Service Requisition Form submitted for list of Request date Officers (3) Gallagher applicants 10/1/12 P.T.Library Stevens MaryRose Position posted until 10/15/12 Assistant Memorial Quinn, Library Kathleen Keenan 8/27/12 Reserve Fire Fire Chief Andrew Civil Service Requisition Form submitted for List of Request date Fighter(4) Melnikas applicants 8/14/12 P.T. Intern Planning Judy Tymon Posted on NA website, Interns.com, Salem State Geographic University. Applicants being reviewed Information Systems Technician 8/9/12 Special Motor DPW Bruce Hired Derrick Cristoforo, started 9/24/12, Equipment Thibodeau, Operator Timothy Willett 8/9/12 Department Health Susan Sawyer Hired Lisa Blackburn, start date 10/15/12 Assistant Department Posting date extended,no internal applicants,Ms. Sawyer and Mr. Bellavance to interview applicants weeks of 9/3 and 10/1. 6/26/12 IT Network IT/School Matt Killen, Promotion of James Halchak from IT Systems Manager Corey Masson Analyst effective 10/15/12. Posted internally, advertised in Eagle Tribune,posted on Monster. Interviews scheduled for 9/19/12. 5/1/12 Elder Client Senior Ctr. Irene O'Brien Promotion for Donna Delaney as Outreach Asst Prog Mg Worker/Assistant Director. Promotion for Cahla Ahlstrom from Reception. Candidate recommended withdrew from process on 8/9,to pursue other opportunities. A second recommendation was made on 8/10 to reconsider a candidate from a prior round of interviews. 4/20/12 Heavy Motor DPW Bruce Hired Dennis Gagnon and Samuel Pappalardo, Equipment Thibodeau, started 9/24/12. Operator Timothy correction to 2 Willett from 3 openings 10/12/2012 9:58 AM