HomeMy WebLinkAbout2012-10-15 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
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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.
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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
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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
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�° 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 , ...
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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
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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,
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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