AGENDA Tuesday, October 1, 2019 6:30 PM Wenham Town Hall – 138 Main Street Notice of Public Meeting As Required by M.G.L

Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, October 1, 2019 6:30 PM Wenham Town Hall – 138 Main Street Notice of public meeting as required by M.G.L. Chpt.30A §18-28

Please be advised that this open meeting is being broadcast live and recorded by HWCAM for playback on Comcast channel 8 and Verizon channel 36. It will also be available for on-line, video on-demand viewing at hwcam.org. The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which may be discussed at the meeting. Not all items listed may in fact be discussed. Items may be taken out of order and at times that differ from those listed below. Other items not listed may also be brought up for discussion to the extent permitted by law. All audience members wishing to address the Board of Selectmen must go to the podium microphone and give their name and address.

6:30 P.M. PUBLIC INPUT: ITEMS NOT ON THE AGENDA 6:35P.M. ANNOUNCEMENTS: For more information, visit wenhamma.gov. JW 1. HWRSD Leadership Team Meet & Greet, Buker Elementary Multi-Purpose Room, Wednesday, October 2, 6:30pm – 7:00pm 2. Board of Health Announces Dates for Annual Flu Clinic – October 2, 16, 24 & November 5 3. Household Hazardous Waste Collection Day at Hamilton DPW, 577 Bay Rd., Saturday, October 5, 9:00am-12:00pm 4. Fire Prevention Week with Fire Department Open House, Wednesday, October 9, 5:30pm 5. Hamilton-Wenham Cultural Council Accepting Grant Applications Through October 14 6. Pumpkinfest at Hamilton Public Safety Building, 265 Bay Rd., Saturday, October 26, 1:00pm 7. Veterans Day Remembrance Ceremony at Veterans Memorial, Monday, November 11, 11:00am 8. Veterans Committee Requests Wreaths Across America Sponsors for December 14 Event

6:45 P.M. REPORTS TOWN ADMINISTRATOR – CHAIRMAN SELECTMEN 6:50 P.M. CONSENT AGENDA CH A. Minutes – Open Session: June 20, 2019; June 27, 2019 Executive Session: May 13, 2019; June 18, 2019 #1; June 18, 2019 #2; June 27, 2019

6:55 P.M. NEW BUSINESS B. Appointment Requests – JC Iron Rail Commission: Louis A. Randazzo Wenham Affordable Housing Trust: Albert W. Dodge, Jr. WISSH Committee: Cara A. Fauci C. Discussion of Fire Department 2006 Ford E450 Ambulance Repair Plan JC D. Discussion and Potential Approval of Updates to Finance Assistant Job Description CH E. Review and Potential Approval of Letter of Support for Miles River Collaborative Restoration Project JC F. Letter of Support to Allocate FY20 & FY21 North Shore Home Consortium Funds to JW Harborlight Community Partners, Inc. for Maple Woods Senior Affordable Housing Project G. Review of Potential Approval of Community Preservation Grant Agreement with Harborlight JW Community Partners, Inc. RE: Maple Woods Senior Affordable Housing Project H. Review of Board of Selectmen Meeting Schedule Through December 31, 2019 CH I. Other matters, as may not have been reasonably anticipated by the Chair (Discussion Only) JW

7:45 P.M. OLD BUSINESS J. Discussion and Potential Approval of Hamilton-Wenham Youth Soccer Association Iron Rail JC Field Use Agreements 8:00 P.M. ANTICIPATED ADJOURNMENT Board of Selectmen Meeting Announcements – October 1, 2019 Jack Wilhelm

1. HWRSD Leadership Team Meet & Greet The Hamilton-Wenham Regional School District has 6 new administrators, including Interim Superintendent Dr. Julie Kukenburger. Everyone is invited to meet our school district leaders on Wednesday, October 2nd at the Buker Elementary Multi-Purpose Room from 6:30 pm – 7:00pm prior to the School Committee meeting.

2. Fall Flu Clinics The Wenham and Hamilton Boards of Health announced their flu clinic dates for 2019: • October 2nd, 3:00 pm – 6:00 pm, Hamilton Senior Center • October 16th, 4:00 pm – 7:00 pm, Buker Elementary School • October 24th, 3:00 pm – 6:00 pm, Miles River Middle School Cafeteria • November 5th, 3:00 pm to 7:00 pm, Hamilton-Wenham Regional Library The Wenham Board of Health will answer any questions at 978-468-5520 ext. 4.

3. Household Hazardous Waste Day Household Hazardous Waste Collection Day for all Wenham and Hamilton residents is this Saturday, October 5th from 9:00am – 12:00pm at the Hamilton DPW Yard, 577 Bay Road. Please see the town website for a complete list of accepted items and fees.

4. WFD Fire Prevention Week and Open House Fire Prevention week runs from October 6th – October 12th, and the Wenham Fire Department will be hosting their annual open house on Wednesday October 9th from 5:30 pm – 7:30 pm with free pizza, ice cream and Sparky the Fire Dog. Don’t miss it!

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5. HW Cultural Council Grant Applications The Hamilton-Wenham Cultural Council is accepting grant applications through October 14th for a total of $10,500 in support of organizations, schools, and individuals funding cultural activities in the community such as: exhibits, festivals, field trips, short-term artist residencies, or performances in schools, workshops, and lectures. Visit the Town website for a link to the online application form and guidelines.

6. Pumpkinfest Pumpkinfest returns to the Hamilton Public Safety Building on Saturday, October 26th starting at 1:00pm with pumpkin carving, face painting, arts & crafts, games, a bouncy house, a children’s costume parade & dance party. The afternoon fun wraps up with Pumpkins in the Park when all carved pumpkins are illuminated and line the border of Patton Park’s Weaver Pond.

7. Veterans Day Join us Monday, November 11th for a brief remembrance at Cheeseman Memorial in Pingree Park at 10:15am, followed by an 11:00am ceremony at Veterans Memorial on Main Street to honor our veterans and celebrate the 101st anniversary of the signing of the peace treaty to end World War 1. Light refreshments will be served at the Fire Department immediately after the ceremony.

8. Wreaths Across America On Saturday, December 14th at 12:00pm, the Town of Wenham will lay wreaths on our Veterans' graves simultaneously with participants at Arlington National Cemetery and communities across the nation. Please help by sponsoring a wreath for $15 each, volunteering, or inviting friends to help.

To learn more about Wreaths Across America including a link to online donations for wreaths in Wenham, visit the home page of the Town website.

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Flu Vaccine Clinic’s Scheduled

Sponsored by the Hamilton & Wenham Board of Health

October 2 from 3:00 p.m. to 6:00 p.m. Hamilton Senior Center – 299 Bay Road, Hamilton

October 16 from 4:00 p.m. to 7:00 p.m. Buker Elementary School – 1 School Street, Wenham

October 24 from 3:00 p.m. to 6:00 p.m. Miles River Middle School Cafeteria – 787 Bay Road, Hamilton

November 5 - 3:00 p.m. to 7:00 p.m. Hamilton-Wenham Public Library – 14 Union Street, Hamilton

 Clinics are opened to 4 years of age and older  Vaccine is free to everyone  Please bring insurance cards  Wear short sleeves or loose fitting sleeves

Questions call:

Hamilton Board of Health 978-468-5579 or Wenham Board of Health 978-468-5520 x4 Household Hazardous Waste Collection Day Do Evil Spirits Lurk in Your Home? Clean the skeletons out of your closets, basement, and garage. Open to Hamilton and Wenham residents only. Checks Only Payable to: Town of Hamilton Date: Saturday, October 5, 2019 Time: 9:00 AM - 12:00 NOON Place: Hamilton DPW Yard, 577 Bay Road Info: Hamilton Town Hall 978-468-5580

WHAT DO I BRING?? From the Workbench: From the Garage: From the House:  Oil Based Paints  Fuels/Gasoline/ Kerosene  Rubber Cement, Airplane Glue  Stains & Varnishes  Engine Degreaser  Fiberglass Resins  Wood Preservatives  Brake Fluid/Carburetor Cleaner  Aerosol Cans  Paint Strippers/Thinners  Transmission Fluid  Photo Chemicals  Solvent Adhesives  Car Wax, Polishes  Furniture Polish  Lighter Fluid  Driveway Sealer  Floor & Metal Polish  Antifreeze  Oven Cleaner From the Yard:  Roofing Tar  Drain & Toilet Cleaner  Weed Killer  Swimming Pool Chemicals  Spot Remover  Chemical Fertilizers  Motor Oil  Rug & Upholstery Cleaner  Flea Control Products  Hobby Supplies, Artist Supplies  Moth Balls  Chemistry Sets  Poisons, Insecticides, Fungicides

Fees:(As of 2018)

$60.00 for up to 25 gallons or 25 pounds for HW $36.00 for up to 10 gallons or 10 pounds for HW $30.00 for up to 3 gallons or 3 pounds for HW

WHAT NOT TO BRING!! How Can I Safely Transport Ø Empty Containers/Trash These Hazardous Materials??? Ø PRESCRIPTION DRUGS OR MEDICATIONS  Leave materials in original containers. Ø Commercial or Industrial Waste  Tighten Caps and lids. Ø Radioactive Waste, Smoke Detectors  Sort and pack separately: oil paint, pesticides, Ø Infectious & Biological Wastes and household cleaners. Ø Ammunition, Fireworks, Explosives  Pack containers in sturdy upright boxes and Ø Fire Extinguishers pad with newspaper. Ø Syringes  NEVER MIX CHEMICALS. Ø Organic Peroxides  NEVER SMOKE while handling hazardous material Ø Latex Paint  .Remove Lid, dry paint & throw out in regular trash Ø Propane Tanks  Contact retail distributor for disposal. This Collection is Operated By: Clean Harbors Environmental Services (800) 263-1304

The Hamilton Police Department holds an annual Latex Paint is NOT Hazardous - Please solidify by National Take back prescription day. Find details at removing lid to allow paint to dry out and dispose of the www.hamiltonma.gov hardened paint with your regular trash. As of 09/02/2018 – Prices subject to change Join Us at the Wenham Fire Station for an

Open House Wednesday, October 9th 5:30 - 7:30 p.m.

Pizza from Freeda’s and ice cream from Cherry Farm Creamery will be served free of charge.

Learn Fire Safety Tips...Meet firefighters & Sparky the fire dog...See the fire trucks

Fire Prevention Week October 6 through October 12, 2019

*Change your smoke detector batteries when you change your clock! *

FOR IMMEDIATE RELEASE

Date: 5 September 2019 Contact: Charlotte Lidrbauch Phone: 978-810-5453 E-mail: [email protected]

HAMILTON-WENHAM CULTURAL COUNCIL ACCEPTING FUNDING PROPOSALS FOR 2020

Proposals for community-oriented arts, humanities, and science programs to take place from July 1, 2019 through December 1, 2020 are due Monday, October 14, 2020.

The Hamilton-Wenham Cultural Council (HWCC) has set an October 14, 2019 deadline for organizations, schools, and individuals to apply for grants that support cultural activities in the community. The application process takes place online, at www.massculturalcouncil.org.

These grants can support a variety of artistic projects and activities in Hamilton and Wenham -- including exhibits, festivals, field trips, short-term artist residencies, or performances in schools, workshops, and lectures.

The HW Cultural Council is part of a network of 329 Local Cultural Councils serving all 351 cities and towns in the Commonwealth. The LCC Program is the largest grassroots cultural funding network in the nation, supporting thousands of community-based projects in the arts, sciences and humanities every year. The state legislature provides an annual appropriation to the Massachusetts Cultural Council, a state agency, which then allocates funds to each community.

The HW Cultural Council will distribute about $10,500 in grants for programs taking place in 2020. Previously funded projects include: programs for all ages at the HW Library, music and drama support in the public schools, and the League of Women Voter’s Civics Bee.

For local guidelines and complete information on the Hamilton-Wenham Cultural Council, visit www.mass-culture.org/Hamilton-Wenham for the online application form and guidelines.

SPECIAL EVENTS 978-468-2178 www.hwrecreation.com

PUMPKIN FEST Oct. 26, 2019 Sponsored by The Hamilton-Wenham Recreation Department The Hamilton Fire Department The Hamilton Police Department Hamilton Department of Public Works Hamilton Wenham Mothers Club Early Childhood Partners/CFCE of Hamilton and Wenham The Community House 1:00 pm At the Public Safety Building Organized by the Pumpkin Fest Committee

More Information To Come at: www.hwrecreation.com

www.hwrecreation.com 978-468-2178 16 VETERANS DAY Monday, November 11th Honoring our Veterans and Celebrating the 101st Anniversary of the Peace Treaty to end World War 1, Signed on November 11, 1918 at 11:00am 10:15am Remembrance at Alan B. Cheeseman Memorial Pingree Park 11:00am Ceremony at Veterans Memorial Corner of Main St. & Arbor St. Immediately following ceremony Light refreshements at the Wenham Fire Dept.

Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 A Catherine

Consent Agenda Requested by: Town Administrator, 09/23/2019 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to approve all items in the consent agenda including the:  Approval of Open Session Minutes from June 27, 2019  Approval and Release of: Executive Session Minutes from May 13, 2019 Executive Session Minutes set #1 and #2 from June 18, 2019 Executive Session Minutes from June 27, 2019

Additional Information See attached draft meeting minutes for review

Board Action

Motion Second In favor Opposed Disposition DRAFT

TOWN OF WENHAM Board of Selectmen Meeting of June 27, 2019 Town Hall, 138 Main Street

Pursuant to the Open Meeting Law, M.G.L. Chapter 30 A, §§ 18-25, written notice posted by the Town Clerk delivered to all Board members, a meeting of the Board of Selectmen (BOS) was held on Thursday June 27, 2019 at 5:45 pm in the Selectmen Chambers, first floor.

The Town of Wenham has a three-member Board of Selectmen elected for three-year terms with one seat up for election each year. Catherine Harrison (2020); John Clemenzi (2021); Jack Wilhelm (2022) The Board of Selectmen serve as the chief executive body of the Town. The board's duties include in part appointing the Town Administrator and other board/committee members, developing goals and policies, preparing the town report, the annual budget, and presenting the warrant for Town Meeting. The Board typically meets the first and third Tuesday of each month at 6:30 pm in Town Hall. The BOS meetings are posted on the Town calendar. All meetings are open to the public and may be viewed on local cable channels HWCAM.org or You Tube HWCAM.

Call to Order - With a quorum present, Mr. Wilhelm called the meeting to order at 5:02 pm. Selectmen present: Jack Wilhelm, Chair; John Clemenzi, Vice Chair; Catherine Harrison, Clerk Also present: Catherine Tinsley, Recording Secretary

Executive Session Town Administrator Contract Conditions Vote: Mr. Wilhelm moved the BOS enter into executive session under M.G.L. Ch. 30A, § 21 (3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigation position of the public body and the chair so declares, regarding the Town Administrator contract with finalist Anthony Ansaldi and with no action to be taken by the BOS, not to return to open session but to adjourn directly from executive session.

Adjournment - The Selectmen adjourned from executive session by roll call at 6:11 pm.

Respectfully Submitted By Catherine Tinsley 6.28.19 Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 B John

New Business - Appointments Iron Rail Commission

Requested by: Louis Randazzo, 9/11/2019 Action Sought: Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Louis A. Randazzo to the Iron Rail Commission for a term beginning October 1, 2019 and ending June 30, 20___.

Additional Information See attached letter of interest and resume. The appointment term should expire on either June 30, 2020 (to fill the remaining term of Jim Romano) or June 30, 2022. If appointed, there will still be one (1) additional vacancy on the commission.

Iron Rail Commission - Three Year Terms up to 5 residents 1 Edward B. Batchelder Ted July 1, 2017 June 30, 2020 2 Natalie A. Kavanagh July 1, 2019 June 30, 2022 3 Jennifer B. Joyce July 1, 2019 June 30, 2022 4 OPEN July 1, 2017 June 30, 2020 5 OPEN June 30, 2022

Board Action

Motion Second In favor Opposed Disposition Lou Randazzo 52 Cedar Street Wenham MA 01984 (978)473-9600

September 11, 2019

The Board of Selectmen c/o: Anthony Ansaldi Town Administrator Town of Wenham 138 Main Street Wenham, MA 01984

Re: Letter of interest to serve on the Iron Rail Commission

Dear Mr. Ansaldi,

I am writing to express my interest in volunteering for Wenham's Iron Rail Commission. I believe that my experience will enable me to provide valuable assistance to this important Commission. Specifically, I have past experience with municipalities, legal issues, accounting matters and government contracting. This experience will assist me in making a valuable contribution to the Iron Rail Commission.

Currently, I am a Senior Attorney in the Enforcement Division of the U.S. Securities and Exchange Commission ("SEC"), where I am a member of the Enforcement Division's Public Finance Abuse Unit. Before joining the SEC,I was an attorney for the United States Office of Personnel Management("OPM") in Washington, D.C. My duties at OPM included representing and advising federal agencies on matters relating to federal personnel law and government contracts. I am a graduate of Saint Bonaventure University (accounting degree), the University of Toledo Law School (law degree) and Georgetown University Law Center, where I received a Masters of Law degree.

I have attached my resume for your review. I am happy to answer any questions, and I may be reached at(978) 473-9600 or [email protected]. I greatly appreciate your consideration for this very important appointment.

Very truly yours,

Lou Randazzo LOUIS A.RANDAZZO

52 Cedar Street, Wenham, MA 01984 •(978) 473-9600 • [email protected] LEGAL EXPERIENCE

U.S. Securities and Exchange Commission, Division of Enforcement, Boston, MA Public Finance Abuse Unit Senior Enforcement Counsel (Apri12010-Present) Conduct investigations into possible violations of the federal securities laws, and prosecute the SEC's civil suits in federal court and before administrative law judges. Member of the SEC's Public Finance Abuse Specialized Unit, which focuses on issues and investigations relating to public pension funds, municipal bonds and public corruption.

U.S. Securities and Exchange Commission, Div. of Enforcement, Washington, DC and Boston, MA Senior Enforcement Counsel (February 1998 to March 2010) Planned and conducted all aspects of SEC investigations and litigation including cases related to financial fraud, market manipulation, insider trading and pay-to-play conduct.

U.S. Department of Justice, United States Attorney's Office, Western District of Missouri Special Assistant U.S. Attorney (Concurrent with SEC position: February 2007-February 2010) Appointed to prosecute United States ofAmerica v. Jack A. Calvin (2008)(resulted in a 16 year prison sentence for a prime bank scheme).

U.S. Securities and Exchange Commission, Division of Trading and Markets, Washington, DC Special Counsel, Office of Financial Responsibility (September 1994-February 1998) Attorney, Office of Derivative and Exchange Oversight(September 1992-September 1994) Developed, amended and interpreted federal securities laws, rules and regulations.

U.S. Office of Personnel Management, Office of the General Counsel, Washington, DC Attorney (July 1991-September 1992) Represented federal agencies in cases involving federal personnel law and government contracts. Provided legal advice to government agencies regarding government contracts and federal personnel matters. EDUCATION

Georgetown University Law Center, Master of Laws(LL.M.), 1995 University of Toledo College of Law, Juris Doctor Degree (J.D.), 1990 Saint Bonaventure University, Bachelor of Business Administration (B.B.A.), Accounting, 1987

OUTSIDE LEGAL ACTIVITIES

Participate on outside panels including the Massachusetts Bar Association, Association of Certified Fraud Examiners, Information Management Network, and Regulatory Compliance Association. Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 B John

New Business - Appointments Wenham Affordable Housing Trust Requested by: Win Dodge, 8/29/2019 Action Sought: Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Albert W. Dodge to the Wenham Affordable Housing Trust for a term beginning October 15, 2019 and ending June 30, 2020.

Additional Information

See attached letter of interest. Current chair, Josh Anderson, submitted his resignation letter on Friday, September 20, 2019 with an effective resignation date of October 15, 2019.

Affordable Housing Trust - Two Year Terms up to 7 residents includes 1 member of the BOS Can serve no more than 5 consecutive terms

1 OPEN Two Year July 1, 2018 June 30, 2020 2 Michelle L. Bailey Two Year July 1, 2018 June 30, 2020 3 Judith A. Bubriski Two Year July 1, 2018 June 30, 2020 5 Joseph B. Hosler Two Year July 1, 2018 June 30, 2020 4 Catherine A. Harrison Two Year July 1, 2019 June 30, 2021 6 Leo J. Maestranzi Two Year July 1, 2019 June 30, 2021 7 Huntley L. Skinner Two Year July 1, 2019 June 30, 2021

Board Action

Motion Second In favor Opposed Disposition

Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 B John

New Business - Appointments WISSH Committee (Wenham Issues of Social Services Help) Requested by: Cara A. Fauci Action Sought: Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Cara A. Fauci to the WISSH Committee for a term beginning October 1, 2019 and ending June 30, 2022.

Additional Information

See attached letter of interest. The WISSH Committee numbers have fluctuated over the past few years. Their bylaws reflect a minimum 5 member committee with no maximum referenced.

WISSH - Three Year Terms minimum of 5 members 1 Marisa D. Bartlett July 1, 2019 June 30, 2022 2 Tracey B. Hutchinson Chair July 1, 2019 June 30, 2022 3 Donald J. Killam Don July 1, 2018 June 30, 2021 4 Calvin M. Perkins July 1, 2018 June 30, 2021 5 Thomas Tanous Tom July 1, 2017 June 30, 2020 6 OPEN 7

Board Action

Motion Second In favor Opposed Disposition

Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 C John

New Business – Ambulance Discussion Discussion of Fire Department 2006 Ford E450 Ambulance Repair Plan

Requested by: Steve Kavanagh & Jeff Baxter, 9/18/2019 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen approve rejection of the $6,625 claim offer from Town insurer MIIA for the damaged 2006 Ford E450 Ambulance and authorize the Fire Department to explore other potential repair options in the FY21 budget process.

Additional Information See attached memo.

Board Action

Motion Second In favor Opposed Disposition Town of Wenham Wenham Fire Department Memorandum

TO: Anthony Ansaldi, Town Administrator Board of Selectmen

FROM: Deputy Chief Jeffrey Baxter Chief Stephen Kavanagh

DATE: September 18, 2019 RE: Out of Service Ambulance

After the unfortunate incident with the old ambulance we have reviewed our numbers through the days that the truck was out of service over the past year. It has caused lengthy delays in response times in patient care during those times from outside providers. Over this period of time we have given up 39 transports, through a variety of ways, that being multiple patients at a scene, not being able to transport from not having the truck due to service or our truck being tied with another patient and we did have a mutual aid ambulance call we could not cover. When adding all this up there was a revenue loss to the Town of approximately $39,000, not to mention the priceless speedy response provided by our own Department. We would like to review the proposals we have put together for your review of possibly fixing this truck for a backup unit. • One vendor has proposed to just repair the injectors at a cost of $10,000 • We tried to see if the Essex Tech would work on the vehicle unfortunately it was a too big of project for them. • A Ford dealer offer was a complete engine for a cost of $23,246 with a 3-year warranty on the engine. • Another possibility would be a Rehab / Repower with a new cab and chassis which would go through the current box and put it on a new truck for $80,000 and the end product we would end up with a truck valued at $350,000 giving the Town many years of service. We would hopefully achieve this through the FY 2021 budget process. • Or there this is an insurance offer of $6,625 to buy the truck for scrap. Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 D Catherine

New Business – Finance Assistant Position Discussion and Potential Approval of Updates to Finance Assistant Job Description Requested by: Patty Moore, 9/12/2019 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen approve the proposed updates to the Finance Assistant Job Description expanding the position to a full time Assistant Treasurer Collector / Payroll & Benefits Coordinator.

Additional Information

See attached job description and memo from Finance Director Patty Moore outlining the proposed updates to the Finance Assistant position, accurately reflecting the level of responsibilities, increasing weekly hours from 30 to 36.5 in line with the Town Hall schedule, and raising the hourly wage in order to attract candidates with the necessary skill set.

Board Action

Motion Second In favor Opposed Disposition

TOWN OF WENHAM Finance Department

To: Anthony Ansaldi, Town Administrator From: Patty Moore, Finance Director CC: Chris Holak, Town Accountant RE: Job Description for Assistant Treasurer/Tax Collector/Payroll & Benefits Coordinator Date: September 17, 2019

We are beginning the process of filling the recently-vacated Finance Assistant position within the Finance Department, which includes both upgrading the position as well as bringing the weekly hours in line with Town Hall hours.

As you are aware, we have a small staff in the Finance Office which requires everyone to wear many hats and pitch in. This requirement can be challenging as state statute dictates that Chris and I can have little to no overlap in our responsibilities in order to keep the cash handling separate from the maintenance of the general ledger. The only individual who can support both functions is the Finance Assistant. Additionally, unlike many municipalities, even small ones, we not only process payroll, but serve as Benefits Administration and manage the complete Human Resource function.

The Finance Department serves many constituents on a daily basis including residents, employees, attorneys, title companies, banks, mortgage brokers, escrow companies and realtors. In order for us to provide the excellent service all these groups deserve, we need a professional, customer-service oriented staff with the ability and flexibility to deal with all these groups. Upgrading this position will, hopefully, attract individuals with these skills.

Finally, I would like to post the position with the following title and pay range:

Assistant Treasurer/Collector/Payroll Administrator Hourly Range: $28-$32

I appreciate that this mid-year change to the position may be concerning as it is being done outside the annual planning process, but it is critical that we are properly staffed so we can try to prevent the constant turnover that has plagued the department over the past few years.

Let me know if you have any questions. FINANCE ASSISTANT TREASURER/COLLECTOR PAYROLL & BENEFITS COORDINATOR

DEFINITION Provides skilled financial services in assisting the Finance Department with payroll processing and management, benefits administration, general collections, accounts payable support and all other related work as assigned.

ESSENTIAL FUNCTIONS The essential functions or duties listed below are intended only as illustrations of the various type of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position.

• Compiles and posts employee timesheets and payroll data into the automated payroll system under the supervision of the Treasurer/Collector.

• Manages the administration of benefits both within the payroll system and with outside vendors to ensure that deductions are consistent and invoices are accurate.

• Responsible for ensuring payroll software is accurate and up to date at all times.

• Enters invoices into the accounts payable module and reviews payables batches submitted by departments for accuracy and appropriateness. Process accounts payable warrant in the absence of the Town Accountant.

• Collects payments for all taxes including use of check scanner; assists in balancing accounts as needed.

• Receives departmental turnovers and posts in treasury receipt packet.

• Prepares daily or weekly deposits as needed and brings deposits to bank.

• Answers questions via counter or phone from taxpayers, banks and attorneys, vendors and town departments with promptness and professionalism: explains tax collection procedures and regulations under the supervision of Finance Director. Researches questions and provides resolution. Assists taxpayers in understanding tax bills and related documents.

• Maintains and orders Finance Office supplies.

• Distributes incoming mail to appropriate departments.

• Performs other duties as assigned by the Finance Director.

1 SUPERVISION RECEIVED

Under general direction of the Finance Director, the employee is familiar with the work routine and uses initiative in carrying out recurring assignments independently with specific instruction. The supervisor provides additional, specific instruction for new, difficult or unusual assignments, including suggested work methods. The employee refers unusual situations to the supervisor for advice and further instructions.

ACCOUNTABILITY

The nature of the work means that errors in administrative work are not easily detected. Consequences of errors, including inaccurate information, could impact other departments and result in monetary loss, interruption of service and poor internal or external customer service.

JUDGEMENT

The work involves numerous standardized practices, procedures, or general instructions that govern the work and, in some cases, may require additional interpretation. Judgment is needed to locate, select and apply the most pertinent practice, procedure, regulation or guideline.

COMPLEXITY

The work consists of a variety of duties which generally follow standardized practices, procedures, regulations or guidelines. The sequence of work and/or the procedures followed vary according to the nature of the transaction and/or the information involved, or sought, in a particular situation.

NATURE AND PURPOSE OF CONTACTS

Relationships are primarily with co-workers and the public involving frequent explanation, discussion or interpretation of practices, procedures, regulations or guidelines in order to render service, plan or coordinate work efforts, or resolve operating problems. Other regular contacts are with service recipients and employees of outside organizations. More than ordinary courtesy, tact and diplomacy may be required to resolve complaints or deal with hostile, uncooperative or uninformed persons.

CONFIDENTIALITY

Employee has access to some confidential information in the performance of their duties.

2 EDUCATION AND EXPERIENCE High school diploma and five years of experience in accounting, finance, business administration or a related field or any equivalent combination of education and experience. Payroll experience is advantageous.

KNOWLEDGE, ABILITY, AND SKILLS

Must have an aptitude for working with numbers and strong attention to details. Good communication, both verbal and written and organizational skills; ability to exercise judgment, discretion & tact is essential when dealing with the public, co-workers, other employees, town officials, attorneys, and other outside agencies and public officials. Ability to manage multiple tasks in a detailed and accurate manner.

Excellent verbal and written communication skills.

Abilities: Ability to analyze complex issues and to develop relevant and realistic plans, programs and recommendations. Ability to prioritize tasks and operate with frequent interruptions. Ability to manage multiple tasks in a detailed and accurate manner. Ability to establish and maintain effective and harmonious working relationships. Ability to establish and maintain complex record keeping systems. Ability to operate a computer and office software. Ability to analyze information, and develop and present appropriate recommendations to supervisors. Ability to understand, interpret, and explain Town policies. Ability to communicate clearly and concisely, both verbally and in writing, with a variety of internal and external constituencies, especially during Town emergencies. Ability to use the Town’s Financial Management System and other job-specific equipment with training.

Skills: Skill in operating computers and applicable word processing and statistical applications. Excellent customer service skills. Must possess excellent organizational skills and interpersonal skills. Proficient in Microsoft Office Suite. Strong time management skills to effectively coordinate and manage multiple project assignments between multiple departments.

WORK ENVIRONMENT

The work environment involves everyday discomforts typical of offices, with occasional exposure to outside elements. Noise or physical surroundings may be distracting.

PHYSICAL, MOTOR, AND VISUAL SKILLS

Physical Skills Minimal physical demands are required to perform most of the work. May be required to lift objects such as files, boxes of papers, office supplies, and office equipment weighing up to 30 pounds. Will spend extended periods of time at computer terminal, on telephone or operating other office equipment requiring eye-hand coordination and finger dexterity.

Motor Skills Duties are largely mental rather than physical, but the job may occasionally require minimal motor skills for activities such as moving objects, using office equipment, including but not limited to telephones, personal computers, and other office equipment.

Visual Skills Visual demands require routinely reading documents for general understanding and analytical purposes.

The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this position. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required. This job description does not constitute an employment agreement between the employer and employee, and is subject to change by the employer as the needs of the employer and/or requirements of the job change.

Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 E John

New Business – Miles River Restoration Review and Potential Approval of Letter of Support for Miles River Collaborative Restoration Project Requested by: Bill Tyack, Jackie Bresnahan, & Missy Berry, 9/23/19 Action Sought: Authorization

Proposed Motion(s)

MOVE that the Board of Selectmen authorize the Town Administrator to execute the proposed letter of support for the Miles River Collaborative Restoration Project on behalf of the Town of Wenham.

Additional Information

See attached draft letter of support to the Army Corp of Engineers regarding the Miles River Collaborative Project. Jackie Bresnahan will be here for discussion.

Board Action

Motion Second In favor Opposed Disposition Recipient Information – Army Corp of Engineers (getting address from Brad)

The four watershed communities of Hamilton, Beverly, Ipswich, and Wenham have formed the Miles River Collaborative to work together to restore the Miles River. This restoration is a priority for Wenham as the Miles River is a major tributary of the Ipswich River, providing excellent riparian and wetland habitat, but facing issues with low flow velocity, nutrient inputs, and barriers to flow. We are currently seeking money, in cooperation with the communities of Hamilton, Beverly, and Ipswich as well as our MA Legislative Delegation, from the U.S. Army Corps of Engineers for a habitat restoration project.

The Town’s 2019 and 2012 Hazard Mitigation Plans identify the pressing importance of this project. The Longham Reservoir, created by damming the Miles River, is a major water source for the cities of Salem and Beverly. Water supply wells within the Miles River watershed are also a secondary source for Danvers and Wenham. The Miles River has 13 road crossing and 1 dam. Localized flooding has occurred throughout the watershed, particularly around undersized culverts. Wenham has been able to replace and enlarge three culverts that had been damaged in the Mother’s Day flood of 2006, but we recognize there is large scale work to be done in collaboration with our surrounding communities and the Army Corps of Engineers.

The Town of Wenham is committed to providing support and assistance to this project. Recently, the Town was awarded $20k under the new Municipal Vulnerability Preparedness (MVP) program and we completed the planning process to update our Hazard Mitigation Plan (HMP). A part of implementing our HMP requires addressing the Miles River and its use in the event of natural hazards. The Town is also ready to take initiative with providing in-kind municipal staff support, public information and awareness, and other fundraising support. To insure the well-being and safety of our town citizens and the conservation of our natural resources, the Town of Wenham would like to do all it can to put this restoration into motion.

Please do not hesitate to contact us for more information or to let us know how else we can provide support to this project that is critical for Wenham and its surrounding communities.

Thank you,

CC: Senator Bruce Tarr Representative Brad Hill Wenham DPW Director – Bill Tyack Town of Hamilton Board of Selectmen Hamilton DPW Director – Tim Olson Town of Ipswich Board of Selectmen Ipswich DPW Director – Rick Clarke Beverly City Council Beverly Mayor’s Office Beverly DPW Director – Mike Collins Wenham Board of Selectmen AGENDA ACTION REQUEST F October 1, 2019 Jack

New Business – HOME Funds Letter of support to Allocate FY & FY21 North Shore HOME Consortium funds to Harborlight Community Partners, Inc. for the Maple Woods Senior Affordable Housing Project Requested by: Jackie Bresnahan, 9/23/19 Action Sought: Authorization

Proposed Motion(s)

MOVE that the Board of Selectmen authorize the Town Administrator to execute a letter of support on behalf of the Town of Wenham for FY20 & FY21 North Shore HOME Consortium Funds to be allocated to Harborlight Community Partners, Inc. for the Maple Woods Senior Affordable Housing Project.

Additional Information

See attached letter from Andrew DeFranza requesting support of the Town in Harborlight’s application to the North Shore HOME Consortium for the allocation of affordable housing funds, issued annually to the Town, to the Maple Woods Affordable Housing Project.

Board Action

Motion Second In favor Opposed Disposition

Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 G Jack

New Business – CPA Grant Agreement Maple Woods Review and Potential Approval of Community Preservation Grant Agreement with Harborlight Community Partners, Inc. for Maple Woods Senior Affordable Housing Project Requested by: Anthony Ansaldi, 9/24/2019 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen approve the Community Preservation Grant Agreement with Harborlight Community Partners, Inc. for the Maple Woods Senior Affordable Housing Project.

Additional Information

See attached proposed grant agreement

Board Action

Motion Second In favor Opposed Disposition

WENHAM, MASSACHUSETTS

COMMUNITY PRESERVATION ACT GRANT AGREEMENT WITH

Haborlight Community Partners, Inc.

This Grant Agreement (this “Agreement”) is entered into on this _____ day of ______, 2019, by and between the Town of Wenham (the “Town”), a Massachusetts municipal corporation, acting by and through the Board of Selectmen, having its usual place of business at Wenham Town Hall, 138 Main Street, Wenham, MA 01984, and Harborlight Community Partners, Inc. (“Grantee”), a Massachusetts non-profit corporation, having an address of P.O. Box 507, Beverly, MA 01915.

WITNESSETH:

WHEREAS, Grantee is has an option to purchase the property located at 62 Maple Street, Wenham, and described in a deed recorded with the Essex South Registry of Deeds (the “Registry”) in Book 7620, Page 248 (the “Property”); and

WHEREAS, the Wenham Community Preservation Committee (the “CPC”) invited submission of proposals for grants of funds for purposes consistent with the Community Preservation Act, G.L. c. 44B (the “Act”);

WHEREAS, Grantee submitted to the CPC an application for funds under Act, a copy of which is attached hereto as Exhibit A and incorporated herein (the “Proposal”), in the amount of $750,000 for the acquisition and/or creation of forty-five (45) units of housing on the Property for seniors (over the age of 62) earning no more than 80% of the area median income including the Town of Wenham (the “Senior Affordable Units”), for the project known as “Maple Woods Senior Affordable Housing”, as described more particularly in the application filed with the CPC on January 23, 2019 (the “Project”);

WHEREAS, the CPC reviewed and approved the Proposal and recommended that Town Meeting appropriate CPA funds in the amount of $750,000.00 for the purposes of undertaking the Project; and

WHEREAS, Town Meeting thereafter appropriated $750,000.00 at the April 6, 2019 Annual Town Meeting to fund the purchase and/or the construction and development of the Project (the “Work”), a copy of which vote is attached hereto as Exhibit B.

NOW THEREFORE, the Town and Grantee wish to set forth in this Grant Agreement the terms and conditions of the Grant, and hereby agree as follows:

Agreement

1. Recitals. The recitals above are true and accurate and are incorporated herein by reference.

2. Funding. As recommended by the CPC under Article 12-8 of the April 6, 2019 Annual Town Meeting, and as appropriated by said Town Meeting, the Town agrees to grant Grantee up to the sum of $750,000.00 (the “Funds” or the “Grant Amount”) on the condition that Grantee shall use the Funds for the purchase of the Property and/or the construction and development of forty-five (45) Senior Affordable Units thereon, as set forth more particularly in the Proposal and documents attached thereto, and in accordance with the terms of this Agreement.

3. Conditions. The award and release of the Grant Funds to Grantee is conditioned upon the following conditions:

a) A final ruling, settlement, and/or dismissal by the court is reached with respect to the matter of Lou Terranova, et al. v. Crystal Kornegay, Director of the Commonwealth of MA Dept of Housing and Community Development, et al, Essex County Superior Court, C.A. No. 1677CV00015, the pending litigation regarding the appeal of the Maple Woods comprehensive permit issued by the Wenham Zoning Board of Appeals (the “Lawsuit”), provided the Project contains at least forty-five (45) Senior Affordable Units;

b) The Zoning Board of Appeals issues a (modified) comprehensive permit for the Project, which permit is not appealed, within _____ (___) months/years from the date of this Formatted: Highlight Agreement (which deadline may be extended at the discretion of the Board of Selectmen upon Grantee’s prior written request, if the Board determines that Grantee has used good faith, diligent, and commercially reasonable efforts to obtain the permit), failing which the Funds shall be returned to the Community Preservation Act and this Agreement shall terminate, without recourse to the parties;

c) The Project receives all other necessary permits and Town Department approvals;

d) The Project is consistent with the terms and conditions of the fully executed Settlement Agreement and General Mutual Release entered into by and between the privates parties to the Lawsuit, rather than the development already permitted by Maple Woods LLC several years ago;

e) The acquisition value set forth in the final cost certification of the Project shall not exceed the sum of the As-Is Market Value, as determined by an independent appraisal, and Reasonable Carrying Costs, consistent with the rules and requirements of the Department of Housing and Community Development;

f) Grantee applies for and receives a building permit from the Wenham Inspector of Buildings within 360 and 364 days of being issued a comprehensive permit by the Wenham Zoning Board of Appeals;

g) The grant award of $750,000 shall expire if a certificate of occupancy has not been issued for the Project by the Wenham Inspector of Buildings within three (3) years after a comprehensive permit has been issued by the Wenham Zoning Board of Appeals (which completion deadline may be extended at the discretion of the Board of Selectmen upon Grantee’s prior written request, if the Board determines that Grantee has used good faith, diligent, and commercially reasonable efforts to develop the Project, the “Completion Date”);

h) If the Project is not completed by the Completion Date or any Funds remain after the Completion Date, any excess or remaining Funds shall be returned to the Community Preservation Act Fund.

i) Grantee agrees that, before the Town will disburse any Funds, Grantee shall grant and deliver to the Town, acting by and through the Wenham Affordable Housing Trust Fund (the “Trust”), a recordable affordable housing restriction on the Property on terms acceptable to the Town, meeting the requirements of G.L. c. 184, Sections 31-33, surviving the foreclosure of any lien or other encumbrance on the Property, and ensuring that all the Senior Affordable Units are rented to and used in perpetuity for housing for persons over the age of 62, having an income of no more than 80% of the median income Comment [jb1]: Change by HCP- To match of the Metropolitan Statistical Area that includes the Town of Wenham, adjusted for language on page 1. household size (the “Eligible Tenants”) (the “Restriction”). The Restriction shall be Deleted: 40% - 60 conveyed to the Trust free of liens, easements and restrictions (other than those acceptable to the Trust in writing), and all mortgages on the Property, if any, shall have been subordinated to the Restriction, as evidenced by the mortgagee(s) execution of the Restriction and/or separate subordination agreement, at the Town’s option. Grantee shall promptly record the Restriction with the Registry at its sole cost and expense and provide the Town with evidence thereof before the Town will disburse any Funds, or, if the Funds are used to purchase the Property, record the Restriction immediately after the deed conveying the Property to Borrower is recorded.

j) The Board of Selectmen or its designee has verified that all of the aforementioned conditions are met.

4. Budget/Other Sources of Funding. Prior to the acquisition of the Property or the commencement of any work, depending on whether the Funds are used to purchase the Property or to construct the Senior Affordable Units, Grantee must submit a complete budget for the Project, including all final bids that account for: (a) the expenditure of all Funds awarded under this Agreement, and (b) all other sources of funding, if necessary, to complete the Project as described herein. Funds shall not be disbursed unless sufficient sources of funding have been secured to complete the Project and the Project budget has been approved by the Town. If the Town determines that the Funds have been spent on goods and/or services not included in the Project budget or otherwise not authorized under the Act, reimbursement may not be authorized or, if Funds have already been granted, Grantee shall repay such Funds to the Town.

5. Contract Documents. The Contract Documents consist of this Agreement, the Proposal and all documents attached hereto or referenced therein, including, without limitation, the Restriction. The Contract Documents constitute the entire agreement between the parties concerning the Project.

6. The Work. The Work shall be performed in a good and workmanlike manner, by contractors who are licensed in their respective disciplines and shall conform to all applicable laws, bylaws, rules and regulations. Grantee shall be responsible for obtaining from federal, state and local agencies all relevant permits, licenses, and approvals prior to commencing the Work. No local permit or license or fee is waived by the award of this grant. The Town shall have the right to review plans and specifications showing the Work to be done for compliance with the Contract Documents.

7. Contact. Grantee shall identify in writing a contact person responsible for administration of the Work. The contact person is ______[name], who can be reached at ______[phone] and ______[email].

8. Payment; Inspections. The Town shall make regular disbursements to Grantee for the cost of performing the Work, which shall be apportioned based on the Work done and made no more than once a month and paid only upon the presentment of detailed invoices from Grantee or Grantee’s contractor listing in detail the Work performed and the cost thereof and a completed Project Status Report in the form attached as Exhibit C. The Town shall have the right to ask for supplementary information. Prior to any payment, the Town shall have the right, upon reasonable prior notice to Grantee, to enter the Property, including any building thereon, for the purpose of inspecting the Work and/or ensuring that Grantee is in compliance with the Restriction. No payment shall be made until the Town reasonably determines that the Work has been done in a good and workmanlike manner and substantially in compliance with the Contract Documents and with legal requirements applicable to the Work. Grantee shall use all such sums only for the purpose of performing the Work described in the Contract Documents. The entire cost of performing the Work in excess of the Grant Amount shall be paid by Grantee. Notwithstanding anything herein to the contrary, if the actual total cost of performing the Work is less than the Grant Amount (the difference between the two amounts referred to hereinafter as the “Excess”), the Town shall have no obligation to pay the Excess, and said Excess shall be returned to the Community Preservation Act Fund.

9. Progress Reports. Grantee shall provide the Town with progress reports at six (6)-month intervals beginning one hundred and eighty (180) days from the date of the signing of this Agreement for as long as the Funds remain unexpended, and with final notification within thirty (30) days after the Project has been completed. The Town reserves the right to require supplementary information from Grantee regarding the quarterly reports or final notification. Grantee shall submit a final report to the CPC and the Town, including digital photographs and other documents, if applicable, within thirty (30) days from the Project completion date.

10. Record-Keeping. Grantee agrees to keep, for a period of six (6) years after the Project is completed, such records with respect to the utilization of the Funds as are kept in the normal course of business and such additional records as may be required by the Town. During normal business hours and as often as the Town may deem necessary, the Town shall have full and free access to such records and may examine and copy such records.

11. Default; Termination. In the event Grantee fails to fulfill any of its obligations under this Agreement (including, without limitation, the provisions requiring Grantee to comply with the Restriction and to comply with the requirements of Section 3 within the time periods set forth therein), as determined by the Town, and such failure is not cured within thirty (30) days after the Town has given written notice to Grantee specifying such failure, the Town shall have the right, in its sole discretion, to terminate this Agreement upon written notice to Grantee without recourse. Upon receipt of said termination notice, Grantee shall cease to incur additional expenses in connection with this Agreement. Upon termination, the Town shall be free to pursue any rights or remedies provided within this Agreement, including without limitation, recapture of Funds as set forth in Section 16 below. Upon the expiration or earlier termination of this Agreement, all rights and obligations of the parties hereunder shall expire and be of no further force and effect, except that the provisions of Sections 10, 11, 12, 13, 14, and 22 shall survive said expiration or earlier termination. In the event the Town takes legal action under this Agreement, for enforcement or otherwise, Grantee shall be liable for all of the Town’s costs and expenses related thereto, including but not limited to reasonable attorney’s fees and court costs, including those incurred by the Town on and from the date of default.

12. Return of Funds. In the event Grantee fails to fulfill any of its obligations under this Agreement and the Agreement is terminated pursuant to Section 11, any funds paid to Grantee under this Agreement and not yet expended shall be returned forthwith to the Town without further expenditure thereof. If Grantee fails to fulfill its obligations under the terms of this Agreement as a result of negligent or intentional acts or omissions of Grantee, Grantee shall be liable to repay to the Town the entire amount of the Grant Amount provided under this Agreement, and the Town may take such steps as are necessary, including legal action, to recover such funds. Any funds so returned or recovered shall be placed in the Town Community Preservation Fund.

13. Liability of the Town. The Town’s sole obligation hereunder shall be to make the payment specified in Section 2 of this Agreement, provided that Grantee complies with the terms hereof, including the conditions set forth in Section 3, and the Town shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render the Town liable for any other obligation under this Agreement or to render any elected or appointed official or employee of the Town, or their successors in office, personally liable for any obligation under this Agreement.

14. Indemnification. Grantee shall indemnify, defend, and hold the Town and its departments, officers, employees, representatives and agents harmless from and against any and all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorney’s fees, of any nature whatsoever arising as a result of or relating to Grantee’s performance of the Project, the condition of the Property, the Work, or the negligence or misconduct of Grantee or Grantee agents, employees, representatives, contractors and/or invitees.

15. CPA Signage. Prior to commencement of construction on the Property or reimbursement of these funds, Grantee shall prepare and install, at its own cost and expense unless provided by the Town, a temporary sign placed at the Property, which identifies the Project and acknowledges the CPA grant. The sign shall contain the following phrase: “This project has been generously supported by the Town of Wenham Community Preservation Act Funds”. The sign and language must be approved by the Town. The Grantee shall acknowledge Community Preservation Act financial support in all materials publicizing or resulting from Grant activities. All print, publicity, and other production materials shall include an explicit and conspicuous acknowledgement of CPA Grant support.

16. Independent Status. Grantee acknowledges and agrees that it is acting in a capacity independent of the Town, and shall not be considered an employee or agent of the Town for any purpose.

17. Successors and Assigns. This Agreement is binding upon the parties hereto, their successors, permitted assigns and legal representatives. Grantee shall not assign, subcontract or otherwise transfer this Agreement and/or its rights hereunder, in whole or in part, without the prior written consent of the Town, which may be withheld in the Town’s sole discretion.

18. Compliance with Laws. Grantee shall comply with all federal, state and local laws, rules, regulations and orders applicable to the Work performed pursuant to this Agreement. Grantee and Grantee’s contractors shall indemnify and hold the Town harmless for and against any and all fines, penalties or monetary liabilities incurred by the Town as a result of the failure of Grantee to comply with the previous sentence.

19. Representations and Warranties. Grantee hereby represents and warrants that no taxes are due by Grantee to the Town, and shall execute the Certificate as to Payment of Taxes attached hereto as Exhibit D, and, further, that this Agreement constitutes a valid and binding agreement of Grantee. Grantee has executed the Certificate of Vote, attached hereto as Exhibit E.

20. Notice. Any and all notices, or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other reputable delivery service, to the parties at the addresses set forth on page 1 or furnished from time to time in writing hereafter by one party to the other party. Any such notice or correspondence shall be deemed given when so delivered by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent by private overnight or other delivery service, when deposited with such delivery service.

21. Severability. If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

22. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and Grantee submits to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement.

Exhibits: Exhibit A: Proposal Exhibit B: Town Meeting Vote Exhibit C: Project Status Report Form Exhibit D: Certificate as to Payment of Taxes Exhibit E: Corporate Vote, if applicable

[signature page follows]

IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written.

GRANTEE: Haborlight Community TOWN OF WENHAM, Partners, Inc. By its Board of Selectmen

By: Name: Robert Gillis Title: President

By: Name: Peter Simonsen Title: Treasurer

699676.2/WENH/0001

EXHIBIT A

PROPOSAL

EXHIBIT B

TOWN MEETING VOTE EXHIBIT C

PROJECT STATUS REPORT FORM

Agreement #:

Project Name:

Report Date: for the date ending: or accompanying the invoice dated:

Is this is a final project close out report?

CPA Award Amount:

CPA Award expended to date:

% of CPA Budget expended to date:

List up to five accomplishments or progress towards meeting the goals, objectives, and requirements of this CPA grant.

Use separate pages as necessary

Have there been any delays in meeting the goals, objectives, and requirements of this CPA grant? If so, please explain them.

Use separate pages as necessary

** Attach documentation that shows the purposes and conditions of this grant award are being met (for example, photos of CPA signage, photos of construction work and completed work, copies of signed contracts, copies of reports from professional consultants, deed restrictions, funding award/commitment letters from other participating grantors, etc.)

EXHIBIT D

CERTIFICATE AS TO PAYMENT OF STATE TAXES

Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that Grantee has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

______Harborlight Community Partners, Inc. Social Security Number Corporate/Entity Name or Federal Identification Number

By: Name: Title:

EXHIBIT E

CERTIFICATE OF VOTE

(Entities Only)

At a duly authorized meeting of the Board of Directors of the Harborlight Community Partners, Inc. Name of Corporation held on , 2019, it was voted, that Date

Name Officer

of this company, be and hereby is authorized to enter into and execute any and all agreements, contracts, notes, mortgages, bonds and any other documents in the name and on behalf of said company and affix its corporate seal hereto, and that the execution of any such documents in this company’s name on its behalf by such officer under seal of the company shall be valid and binding upon this company.

I hereby certify that I am the clerk of the above named corporation and that

is the duly elected officer as above of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this certificate.

Date Clerk

Corporate Seal

WENHAM, MASSACHUSETTS

COMMUNITY PRESERVATION ACT GRANT AGREEMENT WITH

Haborlight Community Partners, Inc.

WITNESSETH:

WHEREAS, the CPC reviewed and approved the Proposal and recommended that Town Meeting appropriate CPA funds in the amount of $750,000.00 for the purposes of undertaking the Project; and

NOW THEREFORE, the Town and Grantee wish to set forth in this Grant Agreement the terms and conditions of the Grant, and hereby agree as follows:

Agreement

1. Recitals. The recitals above are true and accurate and are incorporated herein by reference.

3. Conditions. The award and release of the Grant Funds to Grantee is conditioned upon the following conditions:

b) The Zoning Board of Appeals issues a (modified) comprehensive permit for the Project, which permit is not appealed, within _____ (___) months/years from the date of this Agreement (which deadline may be extended at the discretion of the Board of Selectmen upon Grantee’s prior written request, if the Board determines that Grantee has used good faith, diligent, and commercially reasonable efforts to obtain the permit), failing which the Funds shall be returned to the Community Preservation Act and this Agreement shall terminate, without recourse to the parties;

c) The Project receives all other necessary permits and Town Department approvals;

f) Grantee applies for and receives a building permit from the Wenham Inspector of Buildings within 360 and 364 days of being issued a comprehensive permit by the Wenham Zoning Board of Appeals;

h) If the Project is not completed by the Completion Date or any Funds remain after the Completion Date, any excess or remaining Funds shall be returned to the Community Preservation Act Fund.

i) Grantee agrees that, before the Town will disburse any Funds, Grantee shall grant and deliver to the Town, acting by and through the Wenham Affordable Housing Trust Fund (the “Trust”), a recordable affordable housing restriction on the Property on terms acceptable to the Town, meeting the requirements of G.L. c. 184, Sections 31-33, surviving the foreclosure of any lien or other encumbrance on the Property, and ensuring that all the Senior Affordable Units are rented to and used in perpetuity for housing for persons over the age of 62, having an income of no more than 40% - 60% of the median income of the Metropolitan Statistical Area that includes the Town of Wenham, adjusted for household size (the “Eligible Tenants”) (the “Restriction”). The Restriction shall be conveyed to the Trust free of liens, easements and restrictions (other than those acceptable to the Trust in writing), and all mortgages on the Property, if any, shall have been subordinated to the Restriction, as evidenced by the mortgagee(s) execution of the Restriction and/or separate subordination agreement, at the Town’s option. Grantee shall promptly record the Restriction with the Registry at its sole cost and expense and provide the Town with evidence thereof before the Town will disburse any Funds, or, if the Funds are used to purchase the Property, record the Restriction immediately after the deed conveying the Property to Borrower is recorded.

j) The Board of Selectmen or its designee has verified that all of the aforementioned conditions are met.

7. Contact. Grantee shall identify in writing a contact person responsible for administration of the Work. The contact person is ______[name], who can be reached at ______[phone] and ______[email].

16. Independent Status. Grantee acknowledges and agrees that it is acting in a capacity independent of the Town, and shall not be considered an employee or agent of the Town for any purpose.

Exhibits: Exhibit A: Proposal Exhibit B: Town Meeting Vote Exhibit C: Project Status Report Form Exhibit D: Certificate as to Payment of Taxes Exhibit E: Corporate Vote, if applicable

[signature page follows]

IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written.

GRANTEE: Haborlight Community TOWN OF WENHAM, Partners, Inc. By its Board of Selectmen

By: Name: Robert Gillis Title: President

By: Name: Peter Simonsen Title: Treasurer

699676.2/WENH/0001

EXHIBIT A

PROPOSAL

EXHIBIT B

TOWN MEETING VOTE

EXHIBIT C

PROJECT STATUS REPORT FORM

Agreement #:

Project Name:

Report Date: for the date ending: or accompanying the invoice dated:

Is this is a final project close out report?

CPA Award Amount:

CPA Award expended to date:

% of CPA Budget expended to date:

List up to five accomplishments or progress towards meeting the goals, objectives, and requirements of this CPA grant.

Use separate pages as necessary

Have there been any delays in meeting the goals, objectives, and requirements of this CPA grant? If so, please explain them.

Use separate pages as necessary

EXHIBIT D

CERTIFICATE AS TO PAYMENT OF STATE TAXES

______Harborlight Community Partners, Inc. Social Security Number Corporate/Entity Name or Federal Identification Number

By: Name: Title:

EXHIBIT E

CERTIFICATE OF VOTE

(Entities Only)

At a duly authorized meeting of the Board of Directors of the Harborlight Community Partners, Inc. Name of Corporation

held on , 2019, it was voted, that Date

Name Officer

I hereby certify that I am the clerk of the above named corporation and that

is the duly elected officer as above of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this certificate.

Date Clerk

Corporate Seal Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 H Catherine

New Business – BOS Schedule Review of Board of Selectmen Meeting Schedule Through December 31, 2019

Requested by: Anthony Ansaldi, 9/23/19 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen approve their proposed meeting schedule through December 31, 2019.

Additional Information

October 1, 2019 6:30pm October 8, 2019 w/ FinCom 6:30pm October 15, 2019 6:30pm November 5, 2019 6:30pm November 19, 2019 6:30pm December 3, 2019 6:30pm December 17, 2019 6:30pm

Board Action

Motion Second In favor Opposed Disposition

Wenham Board of Selectmen AGENDA ACTION REQUEST October 1, 2019 I Jack

New Business – Other Matters Other matters, as may not have been reasonably anticipated by the Chair (Discussion Only)

Wenham Board of Selectmen AGENDA ACTION REQUEST J October 1, 2019 Jack

New Business – HWYSA Iron Rail Field Use Review and Potential Approval of Hamilton-Wenham Youth Soccer Association Iron Rail Field Use Agreements

Requested by: Anthony Ansaldi, 9/24/2019 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen approve the proposed Iron Rail Field sublease agreement between the Hamilton-Wenham Youth Soccer Association and Academy of Penguin Hall from September 1, 2019 through August 31, 2020.

MOVE that the Board of Selectmen approve the proposed Iron Rail Field sublease agreement between the Hamilton-Wenham Youth Soccer Association and Landmark School from September 1, 2019 through August 31, 2020.

Additional Information See attached agreements.

Board Action

Motion Second In favor Opposed Disposition

Hamilton Wenham Youth Soccer Association, Inc. & Landmark School, Inc. Formatted: Centered

Sublease Agreement Deleted: SubLease ______

This document constitutes a Sublease Agreement (Agreement) for the use of real property, the "Iron Rail Fields," between the Hamilton Wenham Youth Soccer Association, Inc. (HWYSA) and the Landmark School, Inc. (Landmark). HWYSA enters into this Agreement with the authority and approval granted by Wenham Board of Selectmen.

1. Real Property. The property subject to this Agreement shall consist of the Iron Rail Fields on Grapevine Road in Wenham, MA.

2. Term. This Agreement is for a period of one (1) year, commencing on September 1, 2019 and st terminating on August 31, 2020. Beginning in 2020, on or before March 1 each year, the Wenham Board Deleted: O of Selectmen (BOS) will notify HWYSA in writing if it intends to not approve a further sublease with Deleted: April Landmark for the following annual term absent revision of the payment terms or other material terms of this Agreement, which revision(s) such BOS notice shall specify. If the BOS does not so notify HWYSA, and Deleted: APH unless terminated by either party as described in Paragraph 8, this agreement shall continue for the Comment [BT1]: There is no role for the subsequent annual term without further notice of intent to extend the Agreement required. BOS under the Town-HWYSA Lease to negotiate subleases. The BOS role is to approve or disapprove. This language change 3. Use. HWYSA agrees to allow Landmark to use two of the Fields for soccer and lacrosse related activities, makes the BOS role consistent with the Lease, as designated by HWYSA. Access to the Fields shall occur during the Fall and Spring playing seasons during i.e., the BOS notifying HWYSA of any change in the weekdays (Monday through Friday) and commence at 3:00pm and end at 5:15pm. its approval/disapproval criteria for the upcoming year a. Landmark agrees to provide a tentative schedule of intended use to HWYSA prior to each season. Deleted: parties to this agreement of their intent reopen negotiations to 4. Consideration. In consideration for the use of the Fields, Landmark agrees as follows: Deleted: this agreement and state the reasons for doing so a. Landmark agrees to pay $4,500 annually to HWYSA. For the first year of this agreement there will be Deleted: opts not to reopen negotiations, two equal payments due on or before January 1st and April 1st. For each subsequent year, 50% of the annual payment shall be due on the latter of April 1st if no renegotiation occurs as described in Paragraph 2, Deleted: from year to year st or within 30 days of executing a new agreement. The remaining 50% shall be due on or before August 1 ; Deleted:

b. Landmark agrees to mow the grass on all Fields weekly during playing seasons and as needed during non-playing seasons; and

c. Landmark agrees to line all playing fields for soccer with white paint for full sided fields.

5. Insurance. Landmark agrees to carry a liability insurance policy/binder in the minimum amount of $2,000,000.00 naming HWYSA and the Town of Wenham as an additional named insureds.

6. Non-Assignment. Landmark agrees not to assign any rights to this Agreement to other third parties.

7. Indemnification. Landmark agrees to indemnify and hold harmless HWYSA and the Town of Wenham from any claim, liability, or expense arising out of Landmark's use of the Fields.

8. Termination of Agreement. Either party may terminate this Agreement under the following conditions:

a. Upon breach of any condition or term of this Agreement; Page 1 of 2

b. Upon one hundred twenty (120) days written notice.

9. Default. In the event of any default in the conditions of this Agreement by Landmark, HWYSA shall provide written notice to Landmark of the default. Landmark shall have twenty (20) days to correct the default. If Landmark fails to cure the default within twenty (20) days, HWYSA shall have the right to terminate the Agreement. All assignment and subletting will be in accordance with Article VII of the lease Comment [BT2]: This is unreasonable and agreement between the Town of Wenham (Landlord) and Hamilton-Wenham Youth Soccer Agreement unworkable as revised. Either “default” needs (Tenant). to be narrowed and defined, or it should be changed to “material default” to give HWYSA discretion, or it needs to go back to “right to In the event of any default in the conditions of this Agreement by HWYSA, Landmark shall provide written terminate.” Normally, there would be a notice to HWYSA of the default. HWYSA shall have twenty (20) days to correct the default. If HWYSA fails section that lists exactly what is a default. As to cure the default within twenty (20) days, Landmark shall have the right to terminate the Agreement. written now, it would bind HWYSA to terminate (“shall terminate”) the subtenant for “any default” – in other words, HWYSA would be violating this language if it didn’t 10. Notice. Any notice required under this license shall be sent to the address of the party indicated below terminate Landmark due to Landmark missing via certified mail, return receipt requested. a weekly mowing or not striping the soccer field correctly (para, 4 (b)-(c)). a. Landmark: Landmark School, Head of School, 429 Hale Street, Prides Crossing MA 01965.

b. HWYSA: President and address indicated within the most current HWYSA Annual Report.

11. This agreement, and any subsequent agreements, not including extensions of this agreement as described in Paragraph 2 (Term) above, shall be approved by the Wenham Board of Selectmen prior to execution between the Hamilton-Wenham Youth Soccer Association and Landmark.

______Wenham Board of Selectmen Date

______Don Lake Date President, Hamilton-Wenham Youth Soccer Association

______Robert Broudo Date Head of School Landmark School, Inc.

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Hamilton Wenham Youth Soccer Association, Inc. & Landmark School, Inc.

Sublease Agreement ______

1. Real Property. The property subject to this Agreement shall consist of the Iron Rail Fields on Grapevine Road in Wenham, MA.

2. Term. This Agreement is for a period of one (1) year, commencing on September 1, 2019 and terminating on August 31, 2020. Beginning in 2020, on or before March 1st each year, the Wenham Board of Selectmen (BOS) will notify HWYSA in writing if it intends to not approve a further sublease with Landmark for the following annual term absent revision of the payment terms or other material terms of this Agreement, which revision(s) such BOS notice shall specify. If the BOS does not so notify HWYSA, and unless terminated by either party as described in Paragraph 8, this agreement shall continue for the subsequent annual term without further notice of intent to extend the Agreement required.

3. Use. HWYSA agrees to allow Landmark to use two of the Fields for soccer and lacrosse related activities, as designated by HWYSA. Access to the Fields shall occur during the Fall and Spring playing seasons during the weekdays (Monday through Friday) and commence at 3:00pm and end at 5:15pm.

a. Landmark agrees to provide a tentative schedule of intended use to HWYSA prior to each season.

4. Consideration. In consideration for the use of the Fields, Landmark agrees as follows:

a. Landmark agrees to pay $4,500 annually to HWYSA. For the first year of this agreement there will be two equal payments due on or before January 1st and April 1st. For each subsequent year, 50% of the annual payment shall be due on the latter of April 1st if no renegotiation occurs as described in Paragraph 2, or within 30 days of executing a new agreement. The remaining 50% shall be due on or before August 1st ;

b. Landmark agrees to mow the grass on all Fields weekly during playing seasons and as needed during non-playing seasons; and

c. Landmark agrees to line all playing fields for soccer with white paint for full sided fields.

5. Insurance. Landmark agrees to carry a liability insurance policy/binder in the minimum amount of $2,000,000.00 naming HWYSA and the Town of Wenham as an additional named insureds.

6. Non-Assignment. Landmark agrees not to assign any rights to this Agreement to other third parties.

7. Indemnification. Landmark agrees to indemnify and hold harmless HWYSA and the Town of Wenham from any claim, liability, or expense arising out of Landmark's use of the Fields.

8. Termination of Agreement. Either party may terminate this Agreement under the following conditions:

a. Upon breach of any condition or term of this Agreement; Page 1 of 2

b. Upon one hundred twenty (120) days written notice.

In the event of any default in the conditions of this Agreement by HWYSA, Landmark shall provide written notice to HWYSA of the default. HWYSA shall have twenty (20) days to correct the default. If HWYSA fails to cure the default within twenty (20) days, Landmark shall have the right to terminate the Agreement.

10. Notice. Any notice required under this license shall be sent to the address of the party indicated below via certified mail, return receipt requested.

a. Landmark: Landmark School, Head of School, 429 Hale Street, Prides Crossing MA 01965.

b. HWYSA: President and address indicated within the most current HWYSA Annual Report.

______Wenham Board of Selectmen Date

______Don Lake Date President, Hamilton-Wenham Youth Soccer Association

______Robert Broudo Date Head of School Landmark School, Inc.

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Hamilton Wenham Youth Soccer Association, Inc. & the Academy at Penguin Hall

Sublease Agreement ______

This document constitutes a Sublease Agreement (Agreement) for the use of real property, the "Iron Rail Fields," between the Hamilton Wenham Youth Soccer Association, Inc. (HWYSA) and the Academy at Penguin Hall (APH). HWYSA enters into this Agreement with the authority and approval granted by Wenham Board of Selectmen.

1. Real Property. The property subject to this Agreement shall consist of the Iron Rail Fields on Grapevine Road in Wenham, MA.

2. Term. This Agreement is for a period of one (1) year, commencing on September 1, 2019 and terminating on August 31, 2020. Beginning in 2020, on or before March 1st each year, the Wenham Board of Selectmen (BOS) will notify HWYSA in writing if it intends to not approve a further sublease with APH for the following annual term absent revision of the payment terms or other material terms of this Agreement, which revision(s) such BOS notice shall specify. If the BOS does not so notify HWYSA, and unless terminated by either party as described in Paragraph 8, this agreement shall continue for the subsequent annual term without further notice of intent to extend the Agreement required.

3. Use. HWYSA agrees to allow APH to use one of the Fields for sports related activities, as designated by HWYSA. Access to the Fields shall occur during the Fall and Spring playing seasons during the weekdays (Monday through Friday) and commence at 3:00pm and end at 5:15pm.

a. APH agrees to provide a tentative schedule of intended use to HWYSA prior to each season.

4. Consideration. In consideration for the use of the Fields, APH agrees as follows: APH agrees to pay $3,500 annually to HWYSA. For the first year of this agreement there will be two equal payments due on or before January 1st and April 1st. For each subsequent year, 50% of the annual payment shall be due on the latter of April 1st if no renegotiation occurs as described in Paragraph 2, or within 30 days of executing a new agreement. The remaining 50% shall be due on or before August 1st ;

5. Insurance. APH agrees to carry a liability insurance policy/binder in the minimum amount of $2,000,000.00 naming HWYSA and the Town of Wenham as an additional named insureds.

6. Non-Assignment. APH agrees not to assign any rights to this Agreement to other third parties.

7. Indemnification. APH agrees to indemnify and hold harmless HWYSA and the Town of Wenham from any claim, liability, or expense arising out of APH's use of the Fields.

8. Termination of Agreement. Either party may terminate this Agreement under the following conditions:

a. Upon breach of any condition or term of this Agreement;

b. Upon one hundred twenty (120) days written notice.

9. Default. In the event of any default in the conditions of this Agreement by APH, HWYSA shall provide written notice to APH of the default. APH shall have twenty (20) days to correct the default. If APH fails to

Page 1 of 2

cure the default within twenty (20) days, HWYSA shall have the right to terminate the Agreement. All assignment and subletting will be in accordance with Article VII of the lease agreement between the Town of Wenham (Landlord) and Hamilton-Wenham Youth Soccer Agreement (Tenant).

In the event of any default in the conditions of this Agreement by HWYSA, APH shall provide written notice to HWYSA of the default. HWYSA shall have twenty (20) days to correct the default. If HWYSA fails to cure the default within twenty (20) days, APH shall have the right to terminate the Agreement.

10. Notice. Any notice required under this license shall be sent to the address of the party indicated below via certified mail, return receipt requested.

a. APH: President, The Academy at Penguin Hall, 36 Essex St, Wenham, MA 01984 b. HWYSA: President and address indicated within the most current HWYSA Annual Report.

______Wenham Board of Selectmen Date

______Don Lake Date President, Hamilton-Wenham Youth Soccer Association

______Molly Martins Date President The Academy at Penguin Hall

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