Loading...
HomeMy WebLinkAbout2011-10-24 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Q NORTH Tracy M. Watson, Chairman 3a ar': "�0 William F. Gordon A TEL. (978)688-9510 Rosemary Connelly Smedile * °° FAX(978)688-9556 Donald B. Stewart =: .,>° www.townofnorthandover.com p�NnTo TY,1y 9SSACHU5E� BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA OCTOBER 24,2011—7:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. EXECUTIVE SESSION A. Contract negotiations with non-union personnel IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Presentation of Plaque—Daniel Lanen,former Selectman B. Certificates of Appreciation, Sustainability Committee—Tina Klein,Karen Kline,Keith Alter C. Library Book Sale,Friday,November 4,5 and 6 V. APPROVAL OF MINUTES A. Open Session Minutes of October 3,2011 as written B. Open Session Minutes of October 11,2011 as written C. Open Session Minutes of October 17,2011 as written D. Executive Session Minutes of October 3,2011 as written E. Executive Session Minutes of October 17,2011 as written VI. CONSENT ITEMS A. Appointments: 1. Council on Aging-John Gilboard, 11 Mill Road 2. Economic Development Council-Mark Haczynski, 116 Peachtree Lane 3. Zoning Board of Appeals,Associate Member-D. Paul Koch,Jr.,239 Granville Lane B. The Patriotic Observance Committee requests permission to conduct parade and ceremonies on Friday,November 11,2011. C. Acceptance of Donations from Youth Sports Groups to Town's Athletic Fields D. Request to Replace Tree/Street Foreman Position VII. OLD BUSINESS A. Changes to Conservation Restriction Boston Hill Property B. Discussion of Redistricting C. Special Town Meeting Warrant Articles VIII. NEW BUSINESS A. GIS Presentation IX. PUBLIC COMMENT X. ADJOURNMENT Certificate of Appreciation Presented to Tina Klein For 12 years of dedicated service to the Town of North Andover as a founding member and Chairman of the North Andover Sustainability Committee, Solid Waste Advisory Committee and Recycling Committee. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen October 24, 2011 Tracy M. Watson, Chairman Certificate of Appreciation Presented to Karen Kline For 12 years of dedicated service to the Town of North Andover as a founding member of the North Andover Sustainability Committee, Solid Waste Advisory Committee and Recycling Committee. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen October 24, 2011 Tracy M. Watson, Chairman '(-� I--- 42� Certificate of Appreciation Presented to Keith Alter For 5 years of dedicated service to the Town of North Andover as a member of the North Andover Sustainability Committee and Solid Waste Advisory Committee. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen October 24, 2011 Tracy M. Watson, Chairman Johnson, Adele From: Crowell Freeman [crowtuck @aol.com] Sent: Tuesday, October 04, 2011 7:37 PM To: Johnson, Adele; SelectmanTracyWatson @verizon.net; RosemarySmedile @aol.com Cc: adlarson @worldnet.att.net; LarsonML @aol.com; Keenan, Kathleen Subject: BOS Announcement Oct 24 Dear Adele, Could you ask the Selectment to include the announcement below during the October 24th meeting. Thankyou for your help. Regards, Kathy Stevens, Publicity Friends of Stevens Memorial Library The Library Book Sale The Library Book Sale is Friday,Nov 4 th from 4 p.m. to 7 p.m.; Saturday,Nov 5 from 9 a.m. to 4 p.m.; and Sunday, Nov 6. Bargains include more than 10,000 books &media for children and adults. Donations may be left at the library at any time. For information or to volunteer, contact: Marty Larson, President of the Friends, at Larsonmlgaol.com or 978-686-1557 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 I nformation please refer to:http://www.sec.state.ma.us/pre/l)reidx.htm. Please consider the environment before printing this email. 1 BOARD OF SELECTMEN MINUTES OCTOBER 3, 2011 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman; William F. Gordon, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Daniel Lanen, James Purcell, Interim Town Manager. EXECUTIVE SESSION: William Gordon made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss: Contract Negotiations with Non-Union Employee. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Daniel Lanen yes, and Tracy Watson yes. Vote approved 5-0. Chairman Tracy Watson declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Rosemary Smedile, to approve theOpen Session Minutes of October 3, 2011, as written. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS,AND PUBLIC COMMENT: Selectman Smedile announced that there'are,many North Andover Restaurants participating in a special designated Restaurant Week October 16-,20. -Check the Town's website for a list of participating restaurants. Selectman Smedile announced "The Adopt a Wreath" program.is looking for donations of$60 per wreath and checks made out to the'"Holiday Decorating Committee" c/o Rosemary Smedile. There are also donations needed for American Flags.at$35 per flag. School Committee chairman Chris Allen`announced that,the North Andover is hosting the New England E Scholastic Band Competition ion'October1,5,2011 at North Andover High School. Selectman Watson announced the 19$6 North Andover Wrestling Team will be inducted into the Massachusetts Hall of Fame on Octobef22, 2011. f.: LICENSING COMMISSIONER$:; Donald Stewart made a MOTION, S;$Ponded by Daniel Lanen, to move into Licensing. Vote approved 5-0. Correction of spelling,of,"Shama Grill"�to"Chama Grill" Donald Stewart made a MOTION ;seconded by Daniel Lanen, to approve the change the spelling to "Charma Grill". Vote approved 5`01`''' Donald Stewart made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Establish dates to open and close the warrant for Special Town Meeting Town Clerk Joyce Bradshaw announced the warrant for the Special Town Meeting was opened when the Board voted for the Special Town Meeting at their meeting on September 26, 2011. The suggested date to close the warrant would be October 17, 2011 at close of business at 4:30 p.m. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to close the warrant on October 17, 2011 at 4:30 p.m. Vote approved 5-0. Board of Selectmen Minutes October 3, 2011 2 Town Manager Search Committee Update Town Manager Search Committee Chairman James Xenakis announced four names of finalists for the position of Town Manager. The Search Committee received 64 resumes and after weeks of work narrowed the field down to eight and interviewed them over the last week. "The committee asked all the appropriate questions and we're satisfied that the four candidates we put forward were the best qualified that we saw,"Xenakis said. They are recommending the following: Richard Brown, Federal Emergency Management Agency disaster assistance employee, former city manager in East Providence, R.I.; Andrew Maylor, Swampscott town administrator, Essex retirement system chair; Paul Shew, former city manager of Rye, N.Y.; and Thomas Younger, Belmont town administrator, former North Reading town administrator. "You can't miss with any of these candidates," "I think they were clearly a cut above the applicants we received." "I think North Andover is the type of community that any manager would like to work for," said Xenakis, who told the board to move"professionally and expeditiously." The Search Committee commended School Superintendent Christopher Hottel who also sat on the committee. He was very helpful in the process and his insight and input was impressive. Selectmen thanked and applauded the search committee's work. "It's an impressive group of candidates," said board member Rosemary Smedile, agreeing with board chair Tracy Watson. "It's exciting." Selectmen will discuss possible interview dates and will consider Fridays and Saturdays as potential dates within the next couple of weeks. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 8:15 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES OCTOBER 11, 2011 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman; William F. Gordon, Clerk; Donald Stewart. PLEDGE OF ALLEGIANCE CONSENT ITEMS: Annual Cambridge Sports Union Rollerski Race William Gordon made a MOTION, seconded by Donald Stewart, to approve a permit to James Doucett to hold the annual Cambridge Sports Union Rollerski Race on Sunday; November 6, 2011. Vote approved 3-0 LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by William Gordon, to move into Licensing. Vote approved 3-0. Thyme Restaurant, 97 Turnpike Street requests all alcohol license . E; William Gordon made a MOTION, seconded;by Donald Stewart, to'approve the all alcohol license for the Thyme Restaurant at 97 Turnpike Street in the Eaglewood,Shops Plaza. Vote approved 3-0. ' I Merrimack College requests two one-day beer&wine licenses ! Donald Stewart made a MOTION;iseconded byWilliam Gordon,�,to approve the two one-day beer and wine licenses for Merrimack Coliege.z first eveni`will b held on bbtober 2'1, 2011 Cullen Avenue from 5:00—7:30 p.m. and the second event is the Homecoming Party on'October 22, 2011 from 11:00 a.m. to 3:00 p.m. on the grounds, f the footballifield. Vote approved 3-0. { Donald Stewart made a MOTION,,seconded,by William Gordon, to move out of Licensing. Vote approved 3-0. NEW BUSINESS: Special Town Meeting Discussion The Board had a brief discussion whether to ho'ld a Special Town Election to replace Selectman Daniel Lanen to finish up hi"s,term. Town Clerk Joyce Bradshaw inforrped the Board of the cost of$14,000 -$15,000 to hold a special election. Because of the Town Charter and MGL the election would not be able to be held until mid December and the annual town election again in March. The Board decided to TABLE this until their next meeting. ADJOURNMENT: William Gordon made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 7:30 p.m. Vote approved 3-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board BOARD OF SELECTMEN MINUTES OCTOBER 17, 2011 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:05 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman; William F. Gordon, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, James Purcell, Interim Town Manager. PLEDGE OF ALLEGIANCE COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: Selectmen Rosemary Smedile announced North Andover's Restaurant Week October 16th through October 20th. Participating restaurants are having specials during the week as long as you mention restaurant week. OLD BUSINESS: Special Election Discussion Town Clerk Joyce Bradshaw said that if the Board decided to call a special election to fill a selectmen's seat there were several steps to take. You have to follow MA general laws and set the date 100 days before the election, candidates need 60-75 days to pull nomination papers and the.earliest date would be December 15, 2011. It would cost the town approximately$14,000 to $15,000 for a 3 month term and the candidate would have to run again for the general town election,in March 2012. t r After a discussion the Board determined thatit;Would not be in the best interest of the town to hold an election to replace a selectman for just 3'rnoErith's Donald Stewart made a MOTION, seconded by,;William`Gordon, not t6 hold a special election for a Selectman. Vote approved 44 Special Town Meeting Warrant Articles Town Clerk Joyce Bradshaw.,informed the Board that there were about 8-9 articles for the special town meeting in November. Two citizen petitions were submitted by Mark Rogers for the Meals Tax and Amy McCarthy for an age exemption for a police officer. Other,articles are the School Department Green Projects, unpaid bills,,stabilization and'free cashissues, and technical language in the Town Charter for a recall vote. ' Town Clerk will have the language of the''articles and signage of the warrant at the Board's next meeting on October 24,2011. The Board can vote'and,place articles on the warrant at that meeting. Town Manager Search Update The Board thanked'the Search Committee and consultant Thomas Groux that made the process go smoothly. Selectmen said that this was'a very difficult decision for the Board and praised both finalists for great attributes and would be a good match for North Andover. Selectman Stewart said he was leaning slightly toward Younger going into the meeting but that he would be willing to vote for Maylor to secure a unanimous vote. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to offer Andrew Maylor the position of Town Manager subject to successful contract negotiations and further background checks. Roll Call vote: Rosemary Smedile yes, Donald Stewart yes, Tracy Watson yes, and William Gordon yes. Vote approved 4-0. Thomas Groux suggested that the Board recess and contact Mr. Maylor to see if he would accept the offer of employment and if so to nominate a sub-committee to negotiate a contract with Andrew Maylor at once. Board of Selectmen Minutes October 17, 2011 2 Note: The Board took a 10 minute recess Chairman Tracy Watson returned and said that Mr. Maylor accepted the offer of employment and was excited to start negotiations tomorrow. William Gordon made a MOTION, seconded by Donald Stewart, to nominate Rosemary Smedile and Tracy Watson as a sub-committee to negotiate a contract with Andrew Maylor. Vote approved 4-0. TOWN MANAGER'S REPORT: James Purcell announced that the Town would be holding an auction on surplus items on Saturday November 5, 2011, from 8:00 a.m. to 12:00 noon at the DPW yard at 384 Osgood Street, North Andover. At the Board's next meeting on October 24, town staff will do a GIS program and present their findings. The Facilities Master Planning Committee will be presenting their findings to the Board some time after the November Town Meeting. PUBLIC COMMENT: School Committee member Stan Limpert thanked the Board for including the School Committee and the School Superintendent in the Town Manager Search. This was a positive step in continuing a strong relationship going forward with the Town and School Department. EXECUTIVE SESSION: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to j discuss: Negotiations of a Town Manager contract and not to return to open session. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, and Tracy Watson yes. Vote approved 4-0. Chairman Tracy Watson declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:30 p.m. Vote approved 4-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board , , L�.:,1" ,d �.�/' ''h ti m� �m�� 60� gGG„n�ew 3'zF2 /,41 BOARD OF SELECTMEN EXECUTIVE MINUTES OCTOBER 3, 2011 EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m. ATTENDANCE: The following were present: Chairman Tracy Watson; Clerk William F. Gordon; Rosemary Smedile, Licensing Chairman; Donald Stewart; Daniel Lanen; and Interim Town Manager James Purcell William Gordon made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss Contract Negotiations with Non Union Employee. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Donald Stewart yes, Tracy Watson yes, Daniel Lanen yes. Vote approved 5-0. Chairman Tracy Watson declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. Auditors request for Executive Session Minutes James Purcell informed the Board that the outside auditors had requested to review all executive session minutes for fiscal year 2011 and this has become standard practice. The Selectmen were not comfortable releasing the executive session minutes to auditors especially personnel matters and collective bargaining contract negotiations. They said "just say no Note: Daniel Lanen and Rosemary Smedile recused Note: Human Resources Director Cathy Darby was present Negotiations with Police Chief James Purcell said that he and Cathy Darby have had two meetings with Police Chief Paul Gallagher on September 15th and 29th, 2011. Basically they agreed on the format and the content which includes duties, goals, performance evaluation guidelines, general benefits and general provisions and indemnification. There are a few sticking points that still need to be worked out. James Purcell and Cathy Darby will be engaging Labor Counsel's professional opinion this week regarding a process for discipline or dismissal. The objective is to produce language that sets a precedent. The next meeting with Chief Gallagher will be on October 6, 2011 and the Board will be brought up-to-date at a future meeting. Once the employment contract has been agreed by the Town management and Chief Gallagher it will be brought before the Selectmen for final approval. ADJOURMENT: William Gordon made a MOTION, seconded by Donald Stewart, to move out of Executive Session. Vote approved 3-0. Respectfully submitted, Adele J. Johnson, Administrative Secretary Executive Session: Massachusetts General Law Chapter 30A§21(a) (1):To discuss an individual,public officer,employee or staff member's reputation,character,physical condition or mental health (requires 48 hour advanced written notice to the individual) (2):Strategy session for negotiations,collective bargaining sessions,or contract negotiations with nonunion personnel(Use reason 2 for strategy or negotiations with non-union personnel and for actual bargaining sessions with unions) (3):Strategy session with respect to collective bargaining or litigation if an open meeting will hurt Committee's bargaining or litigating position&the chair so declares.(Use reason 3 far strategy related to union contracts and for litigation.) (4):Security personnel or device deployment or strategy (5):Investigate charges of criminal misconduct or consider filing criminal complaints (6):Consider purchase,exchange,lease or value of real estate if open discussion would hurt Committee's negotiating position (7):Comply with any general law,special law,or federal grant-in-aid requirements (8):Consider or interview applicants by a preliminary screening committee (9):Meet or confer with mediator (10):Discuss trade secrets •°J' C.� O. A; � ��mti.d��4"�I� �in�a�Gu.� oY,� �. BOARD OF SELECTMEN EXECUTIVE MINUTES OCTOBER 17, 2011 EXECUTIVE SESSION: The Executive Session convened at 8:00 p.m. ATTENDANCE: The following were present: Chairman Tracy Watson; Clerk William F. Gordon; Rosemary Smedile, Licensing Chairman; Donald Stewart; and Interim Town Manager James Purcell. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss contract negotiations with Town Manager. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Donald Stewart yes, Tracy Watson yes. Vote approved 4-0. Chairman Tracy Watson declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. Town Manager negotiations Consultant Thomas Groux commended the Board for a good job in their selection for a Town Manager. Mr. Groux gave the Board a sense of what Mr. Maylor is current making with a base salary and perks as Town Manager of Swampscott. Current base is $133,000 with a 2% adjustment in July 2012; $3,000 fuel allowance, $1,000 towards disability insurance, four week's vacation and four personal days, Also to take into consideration as chairman of the Essex Regional Retirement Board he also received $3,000 a year but he will have to step down as chairman because North Andover is its largest contributor. He also said to be generous in a separation clause if and when the time came for him to leave. James Purcell said in the first year offer a conservative salary and builds a ladder with a second and third year in higher numbers after the successful first evaluation. Town staff will draft a contract and send it to Selectmen Watson and Smedile for review, edits and comments. ADJOURMENT: William Gordon made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:30 p.m. Vote approved 4-0. Respectfully submitted, Adele J, Johnson, Administrative Secretary Executive Session: Massachusetts General Law Chapter 30A§21(a) (1):To discuss an individual,public officer,employee or staff member's reputation,character,physical condition or mental health (requires 48 hour advanced written notice to the individual) (2):Strategy session for negotiations,collective bargaining sessions,or contract negotiations with nonunion personnel(Use reason 2 for strategy or negotiations with non-union personnel and for actual bargaining sessions with unions) (3):Strategy session with respect to collective bargaining or litigation if an open meeting will hurt Committee's bargaining or litigating position&the chair so declares.(Use reason 3 forstrategy related to union contracts and far litigation.) (4):Security personnel or device deployment or strategy (5):Investigate charges of criminal misconduct or consider filing criminal complaints (6):Consider purchase,exchange,lease or value of real estate if open discussion would hurt Committee's negotiating position (7):Comply with any general law,special law,or federal grant-in-aid requirements (8):Consider or interview applicants by a preliminary screening committee (9):Meet or confer with mediator (10):Discuss trade secrets Appointments — October 24, 2011 Committee Applicant Term Appointment Expires Appointed By Council on Aging John Gilboard, 11 Mill Road 1 year June 30,2012 Board of Selectmen Economic Development Council Mark Haczynski, 116 Peachtree Lane N/A Board of Selectmen Zoning Board of Appeals—Associate Member D. Paul Koch,Jr., 239 Granville Lane 3 years June 30,2014 Board of Selectmen IUj U3 NV tn V Lz� John Gilboard 11 Mill Pond n ,�j North Andover,MA 01845 vein Py j 14 6-s-1 C)w T FFICE OF TOWN LMANAGE P. IV'i'11C jZi) V g P .4 13C-6.�)1VL 4 14CI)k-610-iZ 7'Hk-- 01�'/ 0 A� -///1/ 7 Al ✓ Z11) Z_ lilo i�-'14 '112 6 lAi 114ev r AA/ /Wel Z:�)nip. q-cl-la-s;a r S 17, fr IV,,C-5 1/111LAL,lJ -5 IA77't�filqlX-�, PAJO 1�,C 6/0 12ew1,1X r/,�"44s, September 21, 2011 Town of North Andover ® C Attn: Rosemary Connelly Smedile Board of Selectmen, Licensing Chairman 1. 120 Main Street _ Z3 North Andover, MA 01845 ` g OFFICE OF TOWN MANAGER � Dear Rosemary Smedile: As a resident of North Andover for the past five years, I am interested in being considered for the vacant position on the Economic Development Council. To give you a little background information about myself, I grew up in Woonsocket, Rhode Island and graduated from Providence College with a degree in Finance. Upon graduating I had the pleasure of working for Perini Construction as an Accountant, where I was part of several large construction projects for the United States government in several cities. While working around the US I was exposed to a wide verity of economic situations and gained an insight as to the steps each community took to resolve their problems. In 2006 I married my wife Mary Ellen Schruender Haczynski who is a life long resident of North Andover. I feel with my background experience, and my desire to help the town continue to prosper I would be a great addition to this board. I hope you will support my desire to volunteer on this committee. Kind Regards, Mark Haczynski 116 Peachtree Lane, North Andover, Ma I 0. PAUL K®CH, JR. 239 GRANVILLE LANE NORTH ANDOVER, MA 01845-4903 PHONE 617-388-5624 FAx 617-344-5644 EMAIL PAUL.KOCH.TOWN @KOCHLINK.COM August 30, 2011 pp pn 11 V James Purcell, Interim Town Manager ® ii TOWN OF NORTH ANDOVER t. 120 Main Street ; North Andover, MA 01845 �IkNAG91ER Re: Volunteer Committee Vacancies Dear Mr. Purcell: I have been a resident of the Town of North Andover since my wife (Catherine) and I purchased a house on Massachusetts Avenue in August 2006 in order to begin a family which has grown to three children (Grace (almost 5), Emma (almost 3), and Eli (11 months). We recently sold that house and purchased a new home on Granville Lane in August 2011. I have been a member of Town Meeting and have been awaiting a level of stabilization in the household before undertaking to get more actively involved in the matters of the community. Consequently, please accept this letter and attached resume for the purpose of applying for volunteer service on a committee/commission. Although I have perused the Committee Vacancies on the Town's website, I am relatively new to the workings of North Andover and have not shopped the opportunities. Therefore, I would appreciate some guidance as to suitability, specifically, the time demands required by the various positions because I do not want to end up in a position in which I am unable to deliver the time and attention deserved by the committee/commission. To that end, I would welcome a telephone conversation with you (or the appropriate designee) to address this shared concern. Enclosed is a resume that reflects the highlights of my professional experience and education. In a nutshell, I am currently a commercial real estate attorney with a significant background and experience in public policy and legislative drafting. Thank you for your kind assistance with this matter. Ver t by yours, D. au a och, Jr Enclosure D. PAUL KOCH, JR. 239 Granville Lane, North Andover, MA,01845-4903 T: 617-388-5624 F: 617-344-5644 E: paul.koch @kochlink.com EXPERIENCE: FINARD PROPERTIES LLC Burlington, MA General Counsel May 09-Present Primary legal resource for an expanding four-state real estate portfolio focused on retail (9 properties, 2,000,000 sf), office (5 properties, 375,000 sf), hospitality (2 properties, 550 keys), and development (3 commercial properties, >9 acres) populated by approximately 300 tenants. Guided the acquisition and re- development of a 139-key hospitality asset. Negotiate office and retail leases, construction contracts, management agreements, commercial loan documents, and partnership documents. Manage external counsel and intern classes. Complete reporting tasks with lenders and governmental authorities. Navigate licensing issues. Assist the founding and incubation of a fund for CMBS. Facilitate family-business issues including business incubation through short-term loans and equity commitments ($50,000-$3,000,000). Assume role as point person for human resources issues. Volunteer activities: BUSL 1L mentor and Town Meeting Member. SYNERGY INVESTMENT& DEVELOPMENT Boston, MA Vice President/General Counsel Sep 07-May 09 Primary legal resource for a growing sponsor, owner, and manager of Class B office buildings in Boston and Cambridge (8 properties, over 850,000 sf) with approximately 140 tenants; other assets included ownership and operation of two restaurants/bars and a multi-family residential development (>150 permitted units). Negotiate office and retail leases, management agreements, commercial loan documents, and partnership documents. Guided three Class B acquisitions totaling over 200,000 sf and $50M including a multi-million dollar termination agreement with dark, long-term tenant and one residential disposition (50 permitted units). Manage external counsel and intern classes. Complete reporting tasks with lenders and governmental authorities. Navigate licensing issues. Assume role as point person for human resources issues. BOSTON CITY COUNCIL Boston, MA Staff Attorney/Legislative Director Jan 02-Sep 07 Research and draft ordinances, orders, home rule petitions, resolutions, and text amendments(ZBA). Monitor, review, and brief Councillors on Mayoral and Boston Redevelopment Authority initiatives and collaborate as necessary. Review, analyze, and manage litigation involving Boston City Council. Interface with City Departments and Offices, lobbyists, watchdog agencies, and the public. Serve as liaison to Government Operations committee. Manage interns. Volunteer Activities: Christmas in April (Administrative Committee), ATLA Student Trial Advocacy Competition (Judge), Project Citizen (Judge). SHECHTMAN HALPERIN SAVAGE Boston, MA and Providence, RI Associate Feb 96-Jan 02 Civil and commercial practice before the federal and state courts in Massachusetts. Negotiate settlements and draft settlement documents. Draft loan documents. Research and write memoranda on topics including bankruptcy, civil procedure, corporations, foreclosure, real estate, and secured transactions. Conduct foreclosure sales. Represent buyers, sellers, and lenders in residential real estate transactions ($41M in 2000, $52M 2001). Author marketing/informational letters to current/prospective clients. Volunteer Activities: Boston Bar Association (VITA Preparer-Coordinator), Christmas in April (Public Relations Committee), PC Development Office (Fundraiser), and Committee for Shannon O'Brien for Treasurer(Volunteer). LAW OFFICE OF D. PAUL KOCH,JR. Boston, MA Attorney May 95-Feb 96 Founded and operated a solo practice concentrating on civil litigation and real estate conveyancing. Other areas of practice included workers' compensation, debt collection, and simple estate planning and probate administration. Edited and cite-checked articles and manuscripts. Tutored law students as a contract instructor. Volunteer Activities: Department of Environmental Protection (TURA Intern), MASSPIRG (Legislative Drafter),and Boston Bar Association (VITA Preparer-Coordinator). EDUCATION: BOSTON UNIVERSITY GRADUATE SCHOOL OF MANAGEMENT, Boston, MA Master of Business Administration,with honors, May 2008 Concentration: Finance* Honors: Beta Gamma Sigma honor society(2008) BOSTON UNIVERSITY SCHOOL OF LAW, Boston, MA luris Doctor, May 1994 Clinical Program:Legislative Services PROVIDENCE COLLEGE, Providence, RI Bachelor of Arts, Political Science,magna cum laude, May 1990 Concentration: Public Administration Honors: Dean's List(1987-1990), Pi Sigma Alpha honor society(1990), Phi Sigma Tau honor society(1990), Rhode Island State Academic Scholarship (1986-1990) ADMISSIONS: Commonwealth of Massachusetts, USDC-Massachusetts, USCOA-First Circuit ETCETERAS: Married and father of three, basketball,skiing, hiking, notary public, licensed Real Estate Broker W oM'A ( Yalz a&.,- (9ke rar�c� C�wl/n�t ee, UI��C%IOrt/�C/Y/llt0!/`'E/G�r t%/CFO/�]`� �• �. � �m'�a��h i r /9/(J) 6cf2-6.Y/C) e uu ` J�hYgfiYlYymfi6�;nJU79 ° �:�� �wrira ,C°� October 7, 2011 To: Honorable Board Of Selectmen 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 Friday,November 11, 2011. To accommodate the staging of the parade we request permission to close off 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 Street to raise the flag and salute all Departed Veterans. In the event of inclement weather our services will be held in the Middle School Veterans Auditorium at 10:30A.M. For questions or comments please contact Edward V. Mitchell at(978) 688-9525. Thank you, Chief Edward V. Mitchell, US Navy (Ret) Director of Veterans Services North Andover/Boxford District JL' �� Johnson, Adele From: McCarthy, Fred Sent: Thursday, October 13, 2011 5:11 PM To: Johnson, Adele Subject: RE: Need recommendations Adele, The Fire Department recommends favorable action for the Veterans Day Parade and associated events. I will forward this memo to the Lieutenants for appropriate measures during this event. No need for further notification. Thanks, Fred M From: Johnson, Adele Sent: Thursday, October 13, 20112:30 PM To: Gallagher, Paul; Melnikas, Andrew; Thibodeau, Bruce Cc: Carney, John; McCarthy, Fred; Barry, Nancy Subject: FW: Need recommendations Please send me your recommendations for Veterans Day ceremony. Thanks, Adele J Johnson Administrative Secretary Town of North Andover 120 Main Street North Andover, MA 01845 978-688-9510 tmsecretary @townofnorthandover.com From: noreplly @townofnorthandover.com [mai Ito:noreply @townofnorthandover.coml Sent: Thursday, October 13, 20112:28 PM To: Johnson, Adele Subject: 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 Johnson, Adele From: Carney, John Sent: Friday, October 14, 2011 3:31 PM To: Johnson, Adele Subject: RE: Need recommendations The Police Department Recommends favorable action on the request and we will provide the usual assistance with traffic. Lt. John Carney Operations Division Commander North Andover Police Department 1475 Osgood Street North Andover, MA 01845 978-683-3168 jcarneygnapd.us From: Johnson, Adele Sent: Thursday, October 13, 20112:30 PM To: Gallagher, Paul; Melnikas, Andrew; Thibodeau, Bruce Cc: Carney, John; McCarthy, Fred; Barry, Nancy Subject: FW: Need recommendations Please send me your recommendations for Veterans Day ceremony. Thanks, Adele J Johnson Administrative Secretary Town of North Andover 120 Main Street North Andover, MA 01845 978-688-9510 tmsecretary @townofnorthandover.com From: noreply(a)townofnorthandover.com [mai Ito:noreplyC�townofnorthandover.coml Sent: Thursday, October 13, 20112:28 PM To: Johnson, Adele Subject: 1 INTEROFFICE MEMORANDUM DATE: 10/14/11 TO: Adele Johnson, Administrative Secretary FROM: Bruce Thibodeau, Director of Public Works CC: RE: Veterans Day Parade The Division of Public Works has no objection to the request from Ed Mitchell to hold the annual Veterans day parade on Friday,November 11, 2011. If he needs any assistance from the DPW, please have him contact my office. VC f r10RTF{q O mA M pRATep �SSA CMOs Et I INTEROFFICE MEMORANDUM TO: James Purcell DATE: October 18, 2011 Interim Town Manager FROM: Ray Santilli .`� Assistant Town Mnager SUBJ: Acceptance of Donations The youth sports groups that are part of the Town's Field Committee are prepared to make their second year of donations to be used for the future construction of new athletic fields. Similar to last year,the funds will be deposited in a `donation' account which can be spent without specific Town Meeting authorization. This year,the youth sports groups are donating the following amounts: North Andover Soccer Association $ 23,380 North Andover Boosters Club $ 14,190 North Andover Youth Baseball $ 9,600 North Andover Lacrosse Association $ 3,800 TOTAL $ 50,970 I i It is requested the Board of Selectmen formally accept the above listed donations at their next 1h scheduled meeting on October 24 To: Ray Santilli, Assistant Town Manager From: Rick Gorman, Youth &Recreation Services +' Date: 10/13/11 Re: New fields donation The Fields Committee is prepared to make its 2nd year donation for new fields this month. The donations, as you know, come from the youth leagues of North Andover. The following are the leagues and amounts donated. North Andover Soccer Association 23,380.00 North Andover Boosters Club 14,190.00 North Andover Youth Baseball 9,600.00 North Andover Lacrosse Association 3,800.00 Total 50,970.00 Please let me know when you would like it presented to the Board of Selectmen for acceptance. Thank you G • INTEROFFICE MEMORANDUM TO: Bruce Thibodeau FROM: Tim Willett,DPW Operations Manager RE: Reorganization Request— Working Foreman for Streets/Trees/Signs DATE: October 19,2011 As we are in the process of having to fill both Senior Foreman and Tree Climber positions in the near future, I believe some reorganization is necessary in the Streets/Trees/Signs Department. At the beginning of each day,I work with the Senior Foreman to plan out our daily operations. The Parks, Water/Sewer, and Fleet Maintenance Departments usually have enough employees to cover the workload. However, in Streets/Trees/Signs, employees are grouped according to who is available and what is needed on a particular day—it's a juggling act. For some reason,we have a Tree Foreman, but no Foreman for Streets or Sign work. Therefore, we can have up to six employees working without Foreman supervision on a regular basis for Streets and Signs. I believe this problem can be solved by re-organization. As our Tree Foreman has just moved up to Senior Foreman,instead of just replacing the Tree Foreman's position,I propose creating a new Working Foreman's position to oversee all seven employees in Streets/Trees/Signs. In contrast, right now our Tree Foreman oversees only one employee,the.Tree Climber. Another benefit to this proposed re-organization is that it will allow one of our existing employees to move up. Many of our employees have 15 years of experience or more and have been waiting for this kind of opportunity. However, if we simply fill the Tree Foreman's job, none of our existing employees have the qualifications and we will have to hire from outside. I believe this would cause morale problems in the workforce. If you would like to discuss further, I am available. INTEROFFICE MEMORANDUM TO: Jim Purcell,Interim Town Manager DATE: October 19,2011 FR: Bruce Thibodeau,Director of Public Works CC: Cathy Darby,HR Director Tim Willett, Operations Manager RE: Request to Replace Tree/Street Foreman Position As you know,we have recommended John Lavin as the new Senior Working Foreman at the DPW and he has accepted. As a result, I need to request permission to fill a Working Foreman's position due to John moving up from Working Tree Foreman. However, I agree with Tim Willett's recommendation attached not to replace the position as the Tree Foreman but as the Street Foreman. Therefore, I am requesting your approval to post the new position which we intend to fill from within. This would still be a W-7 position with no increase to the labor budget. I am available at your convenience to meet to discuss this recommendation. Johnson, Adele From: Carol McGravey[chm @uf-law.com] Sent: Tuesday, October 18, 2011 12:45 PM To: Johnson, Adele; Thomas J. Urbelis Cc: Cynthia Redin; Hughes, Jennifer; Tracy Watson; Purcell, James Subject: RE: Boston Hill Property, North Andover, MA Adele, We have reviewed and approved the requested change. w Carol . From: Johnson, Adele jmai Ito:ajohnson(abtownofnorthandover.coml Sent: Tuesday, October 18, 2011 12:17 PM To: Carol McGravey; Thomas I Urbelis Cc: 'Cynthia Redin'; Hughes, Jennifer; 'Tracy Watson'; Purcell, James Subject: RE: Boston Hill Property, North Andover, MA Carol, Once you have approved this change I will confirm that this will be placed on the Selectmen's agenda for 10/24/11. Adele J Johnson Administrative Secretary Town of North Andover 120 Main Street North Andover, MA 01845 978-688-9510 tmsecretarV@townofnorthandover.com From: Cynthia Redin fmailto:credin(&graliagroup.coml Sent: Tuesday, October 18, 2011 11:54 AM To: Hughes, Jennifer; Johnson, Adele Cc: 'Carol McGravey'; 'Thomas I Urbelis' Subject: RE: Boston Hill Property, North Andover, MA Jennifer and Adele, Please put Elm Development Services, L.L.C. on the Board of Selectmen agenda for Monday, October 24th, and on the Conservation Commission agenda for Wednesday, October 26th, for the purpose of requesting the Board of Selectmen and the Conservation Commission to vote to approve and sign the revised Amendment to Conservation Restriction regarding the Boston Hill Property. Boston Hill Development, LLC(the landowner) has signed the Amendment and delivered it to the Town. By way of background, an Amendment to Conservation Restriction was signed by the Board of Selectmen and the Conservation Commission with respect to the reconfiguration of the Conservation Restriction area of the Boston Hill property (i,e., increase in Conservation Restriction Area from 18.74 acres to 25.14 acres) in connection with the proposed development of the property as a continuing care retirement center. The Massachusetts legislature approved the Amendment to Conservation Restriction through its passage of Chapter 230 entitled "An Act Authorizing The Town of North Andover to Amend a Certain Conservation Restriction" (the "Act"). Section 2 of the Act provides that "Boston Hill Development, LLC" (the owner of the property) shall grant a conservation restriction on 25.14 acres of the 33.35 1 acre parcel to reflect the modification of the proposed development plans. The originally signed Amendment substitutes Elm Development Services, L.L.C.for Boston Hill Development, LLC as the grantor under the Conservation Restriction. Section 2 of the Act expressly states, however,that "Boston Hill Development, L.L.C" (not "Elm Development Services, L.L.C.") shall grant a conservation restriction. Consequently, in order to conform the Amendment to the Act, we have revised the Amendment to denote Boston Hill Development, LLC as the grantor. Please note that Town Counsel as well as the Executive Office of Energy and Environmental Affairs has reviewed and approved this revised Amendment to Conservation Restriction. If possible, we would like the Board of Selectmen and the Conservation Commission to sign the revised Amendment at their October 24th (Board of Selectmen) and October 26th(Conservation Commission) meetings and to deliver the signed Amendment to me after the Conservation Commission's meeting on October 26th (so that 1 may then deliver it to EOEEA's office for the Secretary of EOEEA's signature). If you have any questions regarding this matter, please contact me. Also, please confirm that Elm has been placed on the respective agendas. Thanks. Cindy Cynthia A.Redin,Esq, The Gralia Group 200 North Main Street,Suite 204 East Longmeadow,MA 01028 (413)525-4585,Ext.#15 (413)525-0313 FAX# email: credin @graliagroup.com This e-mail message and any files transmitted with it are confidential and are intended solely for the individual or entity to whom they are addressed.This communication may contain material that is privileged,confidential,and exempt from disclosure under applicable law. If you are not the intended recipient or the person responsible for delivering the e-mail for the intended recipient, you are hereby advised that any use, dissemination,distribution, printing or copying of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify The Gralia Group by telephone at 413-525-4585, Ext.#15, and destroy this e-mail and any files transmitted with it and all copies of same. 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/i)reidx.htm. Please consider the environment before printing this email, 2 AMENDMENT TO CONSERVATION RESTRICTION FROM Boston Hill Development, LLC To Town of North Andover THIS Amendment ("Amendment") to the Conservation Restriction described below is made this day of October, 2011 by and between BOSTON HILL DEVELOPMENT, LLC, a Massachusetts limited liability company, having a mailing address at 100 Andover By-Pass, Suite 203, North Andover, Massachusetts 01845 (`Boston Hill"), hereinafter with its successors and assigns sometimes referred to as the "Grantor", and the TOWN OF NORTH ANDOVER, a Massachusetts municipal corporation in the Commonwealth of Massachusetts, acting by and through its Conservation Commission by authority of Section 8C of Chapter 40 of the General Laws of Massachusetts, having a mailing address at 1600 Osgood Street, North Andover, Massachusetts 01845, hereinafter with its successors and permitted assigns referred to as "Town" or the "Grantee". Preliminary Statement A. Boston Hill Development, LLC ("Boston Hill") is the owner of the parcel of land adjacent to Route 114 (also known as Turnpike Street) and located across from Johnson Street, North Andover, Massachusetts, as more particularly described in an instrument recorded in the Essex North Registry of Deeds at Book 4932, Page 127 (the "Boston Hill Premises"). B. On June 13, 2006 Boston Hill granted to the Town acting by and through its Conservation Commission a Conservation Restriction (the "Conservation Restriction") on approximately 18.74 acres of the Boston Hill Premises (the "Restricted Premises"), which Conservation Restriction is recorded in the Essex North Registry of Deeds at Book 10282, Page 272. The location of the Restricted Premises is shown as "Open Space Parcel A" on Exhibit A of the Conservation Restriction. C. On April 6, 2010 the Town granted a Special Permit for the development and construction of a continuing care retirement center on the Boston Hill Premises (the "Project"). D. In connection with the proposed development of the Project on the Boston Hill Premises and in accordance with the provisions of Section M of the Conservation Restriction the Grantor and the Grantee desire to amend the Conservation Restriction to release a portion of the Restricted Premises from the Conservation Restriction, and subject an additional portion of the Boston Hill Premises which is currently unrestricted by the Conservation Restriction to the Conservation Restriction, and to amend the Conservation Restriction in certain other respects, upon the terms and conditions hereinafter set forth. E. On July 28, 2010 the Massachusetts Legislature enacted Chapter 230 of the Acts of 2010 which authorized the removal and release to the Grantor of certain areas from and the addition of certain areas to the Conservation Restriction, and the Grantor and the Grantee desire to implement such Legislation upon the terms and conditions hereinafter set forth. NOW THEREFORE, in furtherance of the foregoing and in consideration of One Dollar ($1.00) and the mutual promises contained herein, the parties hereto agree as follows: 1. All capitalized terms not otherwise defined in this Amendment shall have the same meanings as set forth in the Conservation Restriction. 2. The Grantor and the Grantee agree effective as of the Effective Date, as defined in Paragraph 3 below, as follows: (a) The first paragraph of the Conservation Restriction is deleted in its entirety and the following is substituted in place thereof: "BOSTON HILL DEVELOPMENT, LLC, with an address at 100 Andover By-Pass, Suite 203, North Andover, Massachusetts 01845 (hereinafter, together with successors in title to any or all of the Entire Premises as hereinafter defined, called the "Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the General Laws of Massachusetts, grants, with QUITCLAIM COVENANTS, to the TOWN OF NORTH ANDOVER, a Massachusetts municipal corporation in the Commonwealth of Massachusetts, acting by and through its Conservation Commission by authority of Section 8C of Chapter 40 of the General Laws of Massachusetts, having a mailing address at 1600 Osgood Street, North Andover, Massachusetts 01845 (hereinafter together with its successors and permitted assigns called the "Grantee"), in perpetuity and exclusively for conservation purposes, the following described Conservation Restriction, (hereinafter called the "Restriction") on a parcel of land adjacent to Route 114 (also known as Turnpike Street) and located across from Johnson Street, North Andover, Massachusetts, constituting approximately 25.14 acres of a 33.35 acre parcel of land, and shown as 'Open Space Parcel A' on the plan prepared by Marchionda & Associates, L.P., dated February 13, 2009, entitled "CONSERVATION RESTRICTION THE BOSTON HILL PREMISES NORTH ANDOVER, MA Prepared for: ELM DEVELOPMENT SERVICES, L.L.C. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028", a copy of which is attached hereto and marked as Exhibit A and made a part hereof(the "Open Space Plan"). The 25.14 acre Open Space Parcel A shall hereinafter be referred to as the Premises". The approximately 33.35 acre parcel of which the Premises are a part shall hereinafter be referred to as the "Entire Premises". That portion of the Entire Premises that does not constitute part of the approximately 25.14 acre Open Space Parcel A shall not be subject to the Restriction in 2 any respect whatsoever, with the exception of the Parking Spaces as defined in Section A(9). For Grantor's title, see deed of Boston Hill Ski Area Inc. to Boston Hill Development, LLC, dated January 2, 1998, and recorded with the Essex North District Registry of Deeds at Book 4932,Page 127." (b) Section A(9) of the Conservation Restriction is deleted in its entirety and the following is substituted in place thereof. "(9) Use and enjoyment by the general public of the Premises outside of use of the trails (and the six parking spaces denoted on the Open Space Plan (the "Parking Spaces")) as shown on the Open Space Plan unless invited by residents of any development constructed on any portion of the Entire Premises which is not subject to this Restriction (the"Development")." (c) The word "Plans" in the fifth line of Section B is deleted and the words "plans approved by all governmental authorities exercising jurisdiction over the Grantor's Premises and/or the Development (the "Plans")" are substituted in its place. (d) Section B(1) of the Conservation Restriction is deleted in its entirety and the following is substituted in place thereof: "(1) All uses and structures shown on the Plans or as allowed by the terms of the governmental permits or approvals for the Development, such as, for example, drainage purposes, grading, storm water management systems, and a footbridge;" (e) Section B(2) of the Conservation Restriction is deleted in its entirety and the following is substituted in place thereof: "(2) Construction and maintenance and repair or replacement of all improvements as shown on the Plans or as allowed by the terms of the governmental permits or approvals for the Development;" (f) Section B(10) of the Conservation Restriction is deleted in its entirety and the following is substituted in place thereof: 11(10) The construction and maintenance of the trail system shown on the Open Space Plan subject to review by the Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife to determine any impact on protected species; (g) The words "Boston Hill Condominium" in Section B(11) of the Conservation Restriction are deleted, and the word "Development" is substituted in place thereof. (h) Section B of the Conservation Restriction is amended by adding the following after the numbered paragraph (11) on Page 5 of the Conservation Restriction: "(12) Habitat management activities designed to benefit state-listed species and/or species of conservation interest with prior written approval from the Natural Heritage and Endangered Species Program of the Division of Fisheries and Wildlife, its successors and assigns, and the Grantee. Such activities may include, but are not limited to, forestry, mowing, cutting, pruning, soil and vegetation alteration, use of herbicide for invasive species control/removal, and burning." 3 (i) The words "six parking spaces accessory to the biking trail, and shown on Pages 6, 8, 16, and L 1 of the Plans," in the second paragraph of Section E of the Conservation Restriction are deleted and the words "Parking Spaces" are substituted in place thereof. (j) The words "six parking spaces designed on Exhibit A" in the third line of Section E(7) of the Conservation Restriction are deleted and the words "Parking Spaces " are substituted in place thereof. (k) The first sentence of the last paragraph of Section E of the Conservation Restriction is deleted in its entirety and the following is substituted in place thereof. "However, and notwithstanding the foregoing, Grantee shall have the right at any time, and from time to time, to further regulate and limit such purposes for which the public may use the hiking trail on the Premises and the Parking Spaces, and to otherwise regulate public use of the hiking trail located on the Premises. (1) The words `Boston Hill Condominium" in the third line of the second paragraph of Section F of the Conservation Restriction are deleted and the words "Grantor or its successors in title to any or all of the Entire Premises" are substituted in place thereof. (m) The plan prepared by Marchionda & Associates, L.P., dated February 13, 2009, entitled "CONSERVATION RESTRICTION THE BOSTON HILL PREMISES NORTH ANDOVER, MA Prepared for: ELM DEVELOPMENT SERVICES, L.L.C. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028", a copy of which is attached hereto and marked as Exhibit A and made a part hereof, supersedes and replaces Exhibit A to the Conservation Restriction. (n) The first paragraph of Exhibit B to the Conservation Restriction is deleted in its entirety and the following is substituted in its place: "The Premises, as defined in and subject to, the aforesaid Restriction is located on a parcel of land adjacent to Route 114 (also known as Turnpike Street) and located across from Johnson Street, North Andover, Massachusetts, constituting approximately 25.14 acres of a 33.35 acre parcel of land, and shown as 'Open Space Parcel A' on the plan prepared by Marchionda & Associates, L.P., dated February 13, 2009, entitled "CONSERVATION RESTRICTION THE BOSTON HILL PREMISES NORTH ANDOVER, MA Prepared for: ELM DEVELOPMENT SERVICES, L.L.C. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028", a copy of which is attached hereto as Exhibit A." 3. The agreements set forth herein shall take effect upon the occurrence of all of the following: (i) the execution of this Amendment by the Grantor, accepted by the Grantee, approved by the Selectman of the Town of North Andover and the Secretary of Environmental Affairs of the Commonwealth of Massachusetts, and (ii) the recording of this Amendment in the North Essex Registry of Deeds (the "Effective Date"). 4 4. Except as specifically modified by this Amendment, the Grantor and the Grantee acknowledge that all terms and conditions of the Conservation Restriction and the obligations of the parties thereunder remain unchanged and in full force and effect and may be enforced against the respective parties in accordance with the terms thereof. The Grantor and the Grantee further acknowledge that this Amendment is consistent with the purposes of the Conservation Restriction and shall not affect its perpetual duration or the conservation value of the Premises. IN WITNESS WHEREOF, the parties hereto have signed this Amendment to Conservation Restriction as a sealed instrument as of the date first written above. BOSTON HILL DEVELOPMENT,LLC Y° Anthony siti Manager COMMONWEALTH OF MASSACHUSETTS Hampden, ss. On this day of 2 011, before me, the undersigned notary a public, personally appeared. Anthony Mesiti, in his capacity as Manager of Poston Hill Development, LLC, proved to me through satisfactory evidence of identification,which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it volunt ri y for its stated purpose. A, y?x" Notary Public My commission expires: , � <�'� �5' HELEN E.STENHOUSE Notary Public Commonwealth of Massachusetts My Commission Expires Feb a 2013 Y , 5 ACCEPTANCE OF GRANT APPROVAL OF RELEASE We, the undersigned, being all of the Conservation Commission of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on February 25, 2009 the Conservation Commission unanimously voted to accept the foregoing Amendment to Conservation Restriction to the Town of North Andover pursuant to G.L. Chapter 184, Section 32 and G.L. Chapter 40, Section 8C. CONSERVATION COMMISSION j John Mabon, Chairman Louis Napoli,Vice Chairperson Douglas Saal Deborah Feltovic Joseph W. Lynch Sean F.McDonough Albert P. Manzi, Jr. 6 COMMONWEALTH OF MASSACHUSETTS ss. On this day of 2011, before me, the undersigned notary public, personally appeared the above-named persons, Conservation Commission of the Town of North Andover, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My commission expires: 7 APPROVAL OF SELECTMEN -O 2-1 c� We, the undersigned, being all of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held o'Mar the Selectmen unanimously voted to approved the foregoing Amendment to Conservation Restriction to the Town of North Andover pursuant to G.L. Chapter 184, Section 32 and G.L. Chapter 40, Section 8C. BO SELE EN ,;AF Vatson, Chairman Daniel P.Lanen , J z` 2 C onnelly edile,Licensing 4osema g Chairman Donald B. Stewart (J� T William F. Gordon, Clerk 8 COMMONWEALTH OF MASSACHUSETTS S , ss. On this day of '� 2011, before me, the undersigned notary public, personally appeared the above-named persons, Selectmen of the Town of North Andover, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My commission expires: 9 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFIARS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Amendment to Conservation Restriction to the Town of North Andover has been approved in the public interest pursuant to G.L. Chapter 184, Section 32. Date: ,2011 Richard K. Sullivan,Jr. Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS ss. On this day of 2011, before me, the undersigned notary public, personally appeared Richard K. Sullivan, Jr., Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: 10 .0 St Z�NAry h�0 OJG f EXTEND TO PROPERTY PROPOSED(RAIL - TO EXISTING FOR CONNECTION NSIO]'p01"E �ry� OFFSITE TRAIL N 569'18''6-6 N/F S]e•3+'Y2'E THE TRUSTEES OF RESERVATIONS B.]4 S80•I9'S1'E EXTEND TO PROPERTY 68.]0' E FOR CONNECTOR _ TO EXIST..OFF.TE TRAIL EXISTING TRAIL 64P34'4B"E 150.46' S42'S3'Y5'E 25a.5a' _SJJ'93'Ot'E ,y NIN-WIBSE \; enapexn uNR ..y� Og yy ,p 49' 'E SJS•JO'Og'E PY'jM1 S37'3902'E' CONNECTION TO EXISTING ONSITE TRAIL PROPOSED TRAIL - - CONNECTOR TO EXISTING I}q OV THAI y BOSTON HILL PASTURE PflOPOSEO(RAIL H THE TRUSTEES OF RESERVATIONS N/F JOHN S.FAflNGM �,J�-EXISTNG TRAIL II Sa9'2o'S]'E (RADIAL-NON TANGENT) � m �� OPEN SPACE R-38000 ll. PARCEL'A' 1.THE EXISTING AND PROPOSED TRAILS AS SHOWN ON THIS PLAN ARE INTENDED TO REPRESENT THE GENERAL LAYOUT (N L-143 PO 7.25 X14 ACRESFT - AND INTENT FOR CREATING A TRAIL NETWORK THROUGHOUT PY THE SITE IN COORDINATION WITH EXISTING 014SITE AND ra4'C m OFFSITE TRAILS. 2.EXISTING TRAIL LOCATIONS ARE APPROXIMATE AND ARE E BASED ON INFORMATION PROVIDED TO MARCHIONDA& - ASSOCIATES BY THE TRUSTEES OF RESERVATIONS. 3.THE EXACT LOCATION OF THE PROPOSED TRAILS SHALL BE DETERMINED IN THE FIELD AT THE TIME OF CONSTRUCTION TO ONSII E MAIL MINIMIZE EXISTING MINIMIZE TREE CUTTING AND PROVIDE CONNECTIONS TO THE EXISTING TRAILS AS SHOWN. PROPOSED(RAIL 8 BOBTOV HILL BEVEIWMENT,LLC (33.35 ACRES) S' PROPOSED'1RAIL rvl "' NF •W Ai a l C/REALLY yJJ D d W< w o w.• V) a z rc a Lu sJeW'IB•[ 2 NDO.O'D'OMW _ \(& o z Q a G g X1 A1I` J 000W f 3 ? N G Q o gl 1 A is oo 52•E u' W m Z a H O n Z W wan a AR G 3 Marchionda Y'i 8 iJ/ PaBP°B P _ NRNPIKEFSTREET &Associates,L,P, 3 O REALLY `4 ^^ ME rMaring and aH}`` 1 sza6111 W Planning ansuhanls N4O.21'2a"W 274.00' N4]13']8'W ?0 - 55B'4I'34'W C2 Mun1vTMAVenue TEL:(781)438-6121 I2].p0' Na b0'4a"W 06 00'.�f 3.D4' SIA,RIInm,AIA02180 FAX;11011438 9fi5J NY6'22'JY'E Go' EmBll englnwTnp®mBNIbnEB.com ROUTE 114(SALEM TURNPIKE) 80' 40 0 Bo' so 240' weemlB:W.mWrcnb BB.Gm rtBauARr 13,a6m OyNy. 1•=6D' - tmalLNOB Aa O y„..,o.......m.,.,. T�EXHIBIT A INTEROFFICE MEMORANDUM DATE: October 20, 2011 TO: Adele Johnson,Administrative Secretary FROM: Gene Willis, Director of Engineering; K. D. Rex, Engineering Assistant CC: Tom Purcell, Town Manager; Bruce Thibodeau, DPW Director RE: GIS at the Selectmen's mtg. 10_24_11 At the selectmen's meeting on Monday Oct. 24, 2011,we will make a demonstration of Geographic Information Systems (GIS), its capabilities and potentials. Our presentation will do three things: 1. First, demonstrate the power and future of GIS in the town wide management of information and across departments. 2. Secondly, show the DPW's effort to date to create a uniform base of information for other departments to build on. We will give a few brief examples of potential applications for GIS and opportunities for data sharing and reduction of redundancies. 3. Finally discuss expansion of this management information system's capabilities for use across different departments. naummmud +mrwnn.. N,���� i(ml !NNar)%df',(15�w / j / , �%i;r✓/� f% /,;�,r" ��I��rff,/11 y; n�"+u17�1�, ��������/%/%✓iuiu;�rA/ ///o:l(� ii,,,�,��, , f �1 The proposed district map for northeastern Massachusetts. Jl The current district map for northeastern Massachusetts. NORTH q p At�eo ;6�ti� O t p M i � p"'Arlo �SSACHUS�� TOWN OF NORTH ANDOVER SPECIAL TOWN MEETING-NOVEMBER 15, 2011 COMMONWEALTH OF MASSACHUSETTS ESSEX, i SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School Auditorium 430 Osgood Street on Tuesday November 15, 2011 at 7:OOPM then and there to act upon the following articles: � Article . Amend Capital Improvement Plan Appropriations from Fiscal Year 2012. To see if the Town will vote to amend the Capital Improvement Plan Appropriations from Fiscal Year 2012 voted by the Town under Article 27 at the 2011 Annual Town Meeting to increase the appropriations for item 4, "Middle School Roof Replacement" and item 11, "Sargent School Roof Replacement"; to determine whether these additional appropriations shall be raised by transfer of unexpended bond proceeds, by borrowing or otherwise; or to take any other action relative there to. Board of Selectmen Article Amend Capital Improvement Plan Appropriations from Fiscal Year 2011- Article 28 - 2010 Annual Town Meeting. To see if the Town will vote to amend the Capital Improvement Plan Appropriations from Fiscal Year 2011 voted by the Town under Article 28 at the 2010 Annual Town Meeting, to decrease the original appropriation and bonds authorized of $450,000 by $210,000, such that the revised total appropriation and bonds authorized for item 12 are $240,000, and that the total appropriation and bonds authorized under Article 28 are reduced accordingly; or take any other action relative thereto. Board of Selectmen Article Transfer of Funds into the Other Post Employment Benefits Liability Trust Fund. To see if the Town will vote to transfer funds from the June 30, 2011 certified Free Cash into the Other Post Employment Benefits Liability Trust fund in the amount of$90,000; or to take any other action relative thereto. 1 Board of Selectmen Article Establishment of Special Stabilization Fund-Reserve for Future Payroll. To see if the Town will vote to establish a special stabilization fund for the purpose of reserving funds to pay expenses related to fiscal years when additional payroll money must budgeted due to calendar changes and to transfer funds from the June 30, 2011 certified Free Cash in the amount of $50,000 into the Reserve for Future Payroll be placed in that fund; or to take any other action relative thereto. Board of Selectmen Article Transfer of Funds into the Stabilization Fund. To see if the Town will vote to transfer $ 331,140 from the June 30, 2011 certified Free Cash into the Stabilization Fund; or to take any other action relative thereto. Board of Selectmen Article .Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town listed below: Prior Year Invoices Dept Vendor Amount Department DPW Andover Electric 205.25 Invoice was misplaced Stevens Andover Electric 356.25 Invoice was misplaced Estate Water Quality Fire 125.00 Invoice was misplaced Protection Police Pamet Software 900.00 Amount not covered by prior year grant Police Cameron Office 274.88 submitted inv for pymt but Supplies check never got issued Fire Verizon 2,545.89 Fire dept thought the Police dept was responsible for charges School Staff Development 319.00 Rec'd inv Sept 8,2011 for Educators School NE Medical Billing 10.72 Rec'd invoice Aug 10,2011 School James Mealey 1,475.26 Backup not available until after year end School Susanne Austin 100.00 Backup not available until after year end School JBG Educational 253.75 Recd invoice July 22,2011 Group School Chris Hottel 299.00 Rec'd request for reimb July 25,011 2 School Verizon 1,657.23 reed invoices October 2011 8,522.23 Or to take any other action relative thereto. Board of Selectmen Article . Acceptance of Chapter 281 of the Acts of 1990. To see if the Town will vote to accept the provisions of Chapter 281 of the Acts of 1990; or to take any other action relative thereto. Article . Petition the Legislature—Amend North Andover Town Charter—Chapter 8- Section 5-5 — Recall of Elective Officers. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 8-5-5 now reads: If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. Chapter 8-5-5 Amended to read: If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them at least sixty-four (64) but not more than ninety (90) days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election; or to take any other action relative thereto. Board of Selectmen Article .Petition the General Court- Amend Town of North Andover Chapter Chapter 3-1-2 — Vacancies in the Office of Selectmen. To see if the Town will vote petition the General Court to change the Town Charter by adding the underlined language and removing the text shown as stricken: Amend Chapter 3-1-2 as follows: 3-1-2 Vaeaneies in the effiee of seleetmen shall be filled by speeial eleetion in aeeefdanee with the 3-1-2 When a vacancy occurs in the office of selectman the remaining selectmen may at any time prior to the next town election appoint a qualified selectman to serve for the unexpired portion, if any, of the original term. Or to take any other action relative thereto, 3 Board of Selectmen Article Adoption of Massachusetts General Laws Chapter 64L Section 2(a) — Local Meals Excise Tax. To see if the Town will vote to accept Massachusetts General Laws Chapter 64L Section 2 (a) to impose a local meals excise; or to take any other action relative thereto. Petition of Mark Rodgers and others Article . Petition the General Court — Age Exemption — Amy McCarthy — Police Officer. To see if the Town will vote to Petition the General Court to enact Legislation so that Amy McCarthy shall be eligible to have her name certified for original appointment to the position of police officer for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Amy McCarthy shall be eligible for appointment to the position of police officer in the Town of North Andover if she otherwise qualifies and is selected for employment under Chapter 31 of the General Laws, any regulations of the civil service commission, and any lawful hiring practices for the Town of North Andover;or to take any other action relative thereto. Petition of Eric Sewade and others 4 Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this day of in the Year Two-Thousand Eleven. Tracy M. Watson Chairman William F. Gordon Rosemary Connelly Smedile Donald B. Stewart I SELECTMEN OF NORTH ANDOVER And you are directed to serve this Warrant by posting true and attested copies thereof in the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than (14) fourteen days before the time of said meeting. Constable Date A True Copy Attest—Joyce A.Bradshaw,Town Clerk OFFICER'S RETURN Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the Town office building and one public place in each voting precinct in the Town at least (14) fourteen days before the date of said meeting. Constable Date 5