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HomeMy WebLinkAbout2004-01-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JANUARY 12, 2004 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the Steven's Memorial Library. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager and Thomas Urbelis, Town Counsel. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss anticipated litigation in open discussion with Great American Insurance Company and Collective Bargaining. Vote approved 5-0. The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session. Donald Stewart yes; James Xenakis yes; Wendy Wakeman yes; Rosemary Smedile yes; and Mark Caggiano yes. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the minutes of December 22, 2003, Open Session as written and January 5, 2004 Open Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Certificate of Appreciation. The Board of Selectmen presented a certificate of appreciation to the Brooks School and Headmaster Lawrence Becker for the generous donation of a police cruiser and recognition of a mutually beneficial collaboration with the Town of North Andover and Brooks School. Chairman Wakeman commended Selectman Smedile for her efforts in working with the Brooks School to achieve this gesture of good will as well as an ongoing relationship with the Town. Community Preservation Committee. Chairman Wakeman announced that the Community Preservation Committee would host an information forum on Wednesday January 14, 2004 at 7:00 PM at the Middle School Auditorium. Susan Moses of the Essex County Community Foundation is the guest speaker. Zoning Task Force. The Town Manager announced that pursuant to the appointments subcommittee's recommendation that a Board member serve on this committee, Selectmen Mark Caggiano has volunteered to serve in that role. Rosemary Smedile made a MOTION, seconded by James Xenakis, to appoint Mark Caggiano to serve on the Zoning Task Force. Vote approved 4-0-1. Mark Caggiano abstained. Auxiliary Police Officers. The Town Manager said that the appointments subcommittee has interviewed and recommended Jason Wedge and Brian Fay to the position of Auxiliary/Special Police Officers. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Brian Fay to the Auxiliary/Special Police, contingent upon his receiving certain training equivalent to that of the police department's reserve officers. Vote approved 5-0. Donald Stewart made a MOTION, seconded by James Xenakis, to appoint Jason Wedge, to the Auxiliary/Special Police. Vote approved 4-0-1. Rosemary Smedile abstained. Board of Selectmen Minutes January 12, 2004 2 Town Planner. Upon the recommendation of the Planning Board and the Director of Community Development and Services, subject to approval by the Board of Selectmen, the Town Manager would appoint Julie Parrino to the position of Town Planner at a starting salary of$54,500. James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the Town Manager's appointment of Julie Parrino to the position of Town Planner. Vote approved 5-0. Health Director. Upon the recommendation of the Chairman of the Board of Health and the Director of Community Development and Services, subject to approval by the Board of Selectmen, the Town Manager would appoint Susan Y. Sawyer to the position of Health Director at a starting salary of$54,963. Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Town Manager's appointment of Susan Y. Sawyer to the position of Health Director. Vote approved 5-0. LICENSING COMMISSIONERS: Mark Caggiano made a MOTION, seconded by Rosemary Smedile to move into Licensing. Vote 5-0. Licensing Commissioners— Public Hearings. Change of Manager at Camelot—505 Sutton Street to Harold Johnson. James Xenakis made a MOTION, seconded by Wendy Wakeman, to approved the change of manager at Camelot Building Association (Knights of Columbus) 505 Sutton Street from Phil Kandrut to Harold Johnson. Vote approved 5-0. Selectman Xenakis excused himself from the following discussion. Dunkin Donuts— 129 Main Street— New Owner/Manager, Gregory Cafua - Fernando Donuts. LLC. Attorney David Harris representing Gregory Cafua requested that the Board approve the change of owner/manager at Dunkin Donuts, 129 Main Street. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the change of owner/manager from North Andover Donut Inc. to Gregory Cafua Fernando Donuts. LLC. Vote approved 3-0-1. Mark Caggiano abstained. Attorney David Harris indicated that at the following Duncan Donuts only the management would change. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the change of management at the following Donut shops. Vote approved 3-0-1. Mark Caggiano abstained. Dunkin Donuts—Change of Manager from Michael Quinn to Gregory Cafua at the following locations. 733 Turnpike Street- MICA Donuts Inc.; 982 Osgood Street -Jane Donuts Inc.; 701 Salem Street- Mary Ann Donuts Inc.; 533 Chickering Road - Charlotte Donuts Inc. Selectman Xenakis returned to the meeting. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses at the Stevens Estate. Vote approved 5-0. Laurie Fennelly, Stevens Estate, 723 Osgood Street requests the following one-day licenses. 1. Lucent Alumni Cocktail Party, Jan. 23, 2004, 7:00 PM — 11:00 PM Full Bar License. Board of Selectmen Minutes January 12, 2004 3 2. David Goldstein, Comedy Theater, Jan. 24, 2004, 6:30 PM-11:00 PM, Full Bar License. 3. Deb Dellege, Red Hat, Inc. Jan. 31, 2004, 6:30 PM-11:00 PM, Full Bar License Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. OLD BUSINESS: PUBLIC HEARINGS: Tax Classification Hearing (Continued). Selectman Xenakis said that the tax rate was set at an unfair rate to businesses compared to residents. Businesses are charged at a higher rate than homeowners, and that the practice could discourage merchants from locating in town. Selectmen Smedile and Caggiano countered that it's fair to tax homes and businesses differently because the values of the two kinds of properties are assessed differently. Going back to a single rate would cause an unreasonable jump in homeowners'taxes. Residents voiced their opinions for and against the rate change. James Xenakis made a MOTION, seconded by Donald Stewart to close the Public Hearing on Tax Classification. Vote approved 5-0. James Xenakis made a MOTION, seconded by Donald Stewart, to set a 1.01 tax factor. Vote failed 2-3. Rosemary Smedile, Mark Caggiano and Donald Stewart opposed. James Xenakis made a MOTION, seconded by Wendy Wakeman, to set a 1.17 tax factor. Vote failed 2-3. Rosemary Smedile, Mark Caggiano and Donald Stewart opposed. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to set a 1.18 tax factor. Vote approved 4-1. James Xenakis opposed. The selected residential factor is 09.3077 and this is an 18% shift to take some of the tax burden off residents. Selectmen set the tax rate per$1,000 of assessed value at $11.77 for residents and $14.27 for businesses. NEW BUSINESS: Capital Budget. The Town Manager requested that the board vote to accept, reject or modify the recommended capital budget (CIP)to be in compliance with the Town Charter. The CIP would then be submitted to the Finance Committee for their review and recommendations. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to endorse the Town Manager's recommended capital budget (CIP) as presented but to reserve the right to revisit it when additional information becomes available. Vote approved 4-1. Donald Stewart opposed. The Town Manager presented the board with four options for the Police Station Debt Exclusion Vote provided by the Town Clerk. The Board said that they needed more time to review the options before voting on the debt exclusion. No action was taken. FY03 Audit& Management Report. The Town's outside auditors Christopher Rogers and Paul Gargano from Sullivan, Rogers and Company, LLC presented an overview of the Town's financial statement and management letter for the year ending June 30, 2003. Board of Selectmen Minutes January 12, 2004 4 Financial highlights are as follows: 1) The assets of the Town exceeded its liabilities at the close of the most recent fiscal year by$85,789,587(net assets). Of this amount$26,475,433 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. 2) The Town's total net assets increased by$2,455,892. 3)As of the close of the fiscal year, the Town's governmental funds reported combined ending fund balances totaling($12,816,29 1), a decrease of($26,599,607) in comparison with the prior year. Approximately$8,175,000 is available for spending at the Town's discretion (undesignated fund balance). 4)At the end of the fiscal year, undesignated fund balance for the general fund totaled$4,753,115, or 7.7 percent of total general fund expenditures. 5) The Town's total bonded debt increase by$672,180 during the fiscal year; $9,690,805 of new debt was issued. As part of the audit, Paul Gargano did an evaluation of the Town's system of internal accounting system in The Management Report. Their recommendations are as follows: 1) Integrate the Treasurer/Collector's detailed accounts receivable module with the Town's general ledge and that all receivable types be properly segregated and maintained separately. 2) The accounting system to be designed in a manner that accounts for each state and federal grant in a separate fund and accounts for all of the grant's activity(revenues and expenditures) in the corresponding fund. 3) The Chapter 90 deficit to be permanently funded. 4) That the Treasurer/Collector perform bank reconciliation, which include complete and accurate outstanding check lists, for the vendor and payroll bank accounts each month as part of the reconciliation of cash. Recommend that the Town work with the bank to correct the past errors in the outstanding checklists, as they are an integral part of the reconciliation for the bank accounts. 5) That all of the Town's grant administrators be familiar with OMB Circular A-87, Cost of Principals for State, Local and Indian Tribal Governments, and all other federal compliance circulars and specific grant requirements. 6) For the Town to implement procedures to reconcile the outstanding balance of performance bond deposits between the Town Accountant, Treasurer/Collector and originating Departments. Any discrepancies between these Departments should be adjusted on the Town's general ledger in a timely manner. The Town Manager responded that all of these recommendations have been either implemented already or are in the process of being done. In closing, Mr. Rogers and Mr. Gargano said that the Town is in good shape financially. The Town Manager commended Town Accountant Lyne Savage and Finance Director Joyce Hanlon for their work and assistance. Report of Police Department Grants. Police Chief Richard Stanley presented a report on Police Department Grants and business with Crest Associates. He provided documentation, which shows that all work that fell under M.G.L. 30B, section 2 was adhered to. Services were properly contracted and product received for the money that was expended. All procedures that were in effect in FY-1999 were followed with the Crest Associates hiring. At no time did the police department work unilaterally and without prior approval. Police staff always worked under the direction of the Town Manager's office and the Town Accountant's office in all matters concerning RFP's and contracts. In recent news stories that indicated that North Andover, Arlington and Westwood received grants are all related to a School Threat Assessment and Response (STARS) program. It was a NEMLEC grant. North Andover was selected due to the Chief's position as Control Chief for the NEMLEC Regional Response Team of which STARS is part of. Each town was a pass through for a regional group. All grants were competitive applications. All awards were discretionary funds distributed by the Secretary of Public Safety. Board of Selectmen Minutes January 12, 2004 5 The Issue was that these grants couldn't be issued for multiple years. The resolution is that all communities have been asked to resubmit for the second year. The outcome is NEMLEC, through North Andover, has already reapplied and there is a meeting on January 20, 2004 at the Executive Office of Public Safety. Crest Associates, specifically Richard St. Louis, has worked for NEMLEC on various issues including the STARS grant as he does for the Metropolitan Law Enforcement Council (METLEC) and the Greater Boston Police Council as well as many other agencies and regional groups. The Chief said he sincerely hoped that it is evident that he and his staff have always made every attempt to follow Town operating procedures and State bid laws. The Chief also emphasized that without the assistance from a vendor such as Crest Associates the department could never accomplish what they have managed to accomplish administratively for the past eighteen years. Proposed Amendments to Adult Entertainment Regulations. Town Counsel Thomas Urbelis and Special Counsel Scott Bergthold drafted suggested changes to the Board's Adult Entertainment Rules and Regulations. It is suggested that the board conduct a public hearing at the next meeting before formal adoption of these amendments. James Xenakis made a MOTION, seconded by Mark Caggiano, to conduct a Public Hearing on Adult Entertainment Rules and Regulations on January 26, 2004. Vote approved 5-0. TOWN MANAGER'S REPORT: The Saint Patrick's Day Parade is scheduled for Sunday, March 14, 2004 at 1:00 PM. All Town Officials are invited to participate in this tradition. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:05 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board