Loading...
HomeMy WebLinkAbout2005-08-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 22, 2005 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:10 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Mark Caggiano was absent. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss Bargaining with Union Employees. Vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes; James Xenakis yes; Thomas Licciardello, yes, and Rosemary Smedile yes. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: The Board presented John M. Pallone a Certificate of Appreciation for 141/2 years of service to the Zoning Board of Appeals. Mary Ellen McIntyre and William Sullivan presented Mr. Pallone with a plaque. Chairman Smedile congratulated Selectmen Xenakis on his marriage to Michelle. Chairman Smedile congratulated Selectmen Licciardello on becoming a grandparent. Selectmen and residents raised questions after reading an article in the newspaper about the school department removing playground equipment from the closed Bradstreet school playground and disposing of some of the equipment in the dumpster at the DPW. Selectmen said that spending $1,000 to remove equipment and toss it in a dumpster was clearly a case of bad judgment. Fifteen years ago parent, through private fundraising, put the equipment in place. This equipment could have been reused in tight economic times. Recreation Director Bill McEvoy said that this was very upsetting to him because he is asking businesses to donate money for playground equipment at the William McEvoy Park. How can I ask for money when they are reading about playground equipment being torn down and thrown away in our town? APPROVAL OF MINUTES: Thomas Licciardello made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of August 8, 2005; and Executive Session Minutes of July 25, 2005. Vote approved 3-0-1. James Xenakis abstained. CONSENT ITEMS: Donald Stewart made a MOTION, seconded by James Xenakis, to approve the request by North Andover Community Access & Media, Inc. to use the Town Common to host an outdoor video screening on September 1, 2005 at 6:30 PM. Vote approved 4-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Donald Stewart, to move into Licensing. Vote approved 4-0. Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the request from Bertucci's Restaurant Corp, 435 Andover Street for change of officers and directors, transfer of indirect beneficial interest, and change of d/b/a to Bertucci's Brick Oven Ristorante. Vote approved 4-0. Board of Selectmen Minutes August 22, 2005 2 Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approve the request from Otto- Langen Motors, 707 Turnpike Street—for a Class II License. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the request from the Friends of North Andover Senior Center for a one-day license for a "Matter of Taste"wine tasting on September 27, 2005 from 6:00 pm to 9:00 pm. Vote approved 4-0. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 4-0. OLD BUSINESS: Police Department Lateral Transfer Previously the Board authorized the Police Department to advertise for"lateral transfers"for more experienced cops who might want to transfer from other police departments. The recruitment resulted in two candidates expressing their interest in transferring to North Andover. The Board was asked to conduct interviews and background checks on these two individuals. James Xenakis made a MOTION, seconded by Donald Stewart, to interview and do background checks on these two police officers. Vote approved 4-0. Change of Date for Special Town Meeting Ozzy Properties owners of 1600 Osgood Street has asked the town for more time to work out the details for the redevelopment of the former Lucent plant. It is a large project being planned under the state's new 40R initiative that was created to encourage more affordable housing and a better mix of residential and business uses. It is not possible for Ozzy and the Town to meet deadlines associated with a Special Town Meeting on October 24, 2005. The Town Clerk Joyce Bradshaw recommended the date of Monday, December 5, 2005 for the Special Town Meeting and the closing of the warrant be set for Friday, October 28, 2005. James Xenakis made a MOTION, seconded by Thomas Licciardello, to rescind the vote of the Special Town Meeting for October 24, 2005. Vote approved 3-1. Donald Stewart opposed. James Xenakis made a MOTION, seconded by Thomas Licciardello, to rescind the date to close the warrant on Monday, September 18, 2005. Vote approved 3-1. Donald Stewart opposed. James Xenakis made a MOTION, seconded by Thomas Licciardello, to hold a Special Town Meeting on Monday, December 5, 2005 at 7:00 PM and set the date of the closing of the warrant to be Friday, October 28, 2005 at the close of business. Vote approved 4-0. The Town has hired Attorney Mark Bobrowski as a special municipal employee to work with the Town officials as they wade through new state regulations and stacks of reports on traffic, water and fiscal consequences to the town. Selectman Chairman Rosemary Smedile introduced Attorney Mark Bobrowski as the best land use lawyer in the business and the man who "wrote the book on zoning", "Handbook of Massachusetts Land Use and Planning Law". She has full confidence that Bobrowski is the right person that would help the Town in this endeavor. Attorney Bobrowski said that the town faces a host of potential problems from any development this large, and should carefully review the developer's plans. This is the time for the community to think about mitigating those effects before the zoning change. Budget Changes The Town Manager Mark Rees gave the selectmen a detailed spreadsheet showing a surplus and deficit in various line items in the FY06 budget. The departure of the Community Development Director and the Retirement of the Building Inspector has freed up some of the money needed to restore the crossing guard program. Although Town Meeting approval is necessary to make these transfers, the Board was asked to make a decision to support or not support the funding of the school crossing guards so that they can be in place before school starts. The crossing guards were among budget cuts made by Town Meeting last May. Among the other cuts were overtime for police officers and money for training new firefighters. Board of Selectmen Minutes August 22, 2005 3 Most of the Selectmen agreed that the school department should shoulder the burden of paying for the crossing guards rather than the police department funding the entire budget. But they also agreed that the safety of the children was at risk. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to authorize Chief Stanley to temporarily fund the crossing guards for the next three months until Town Meeting has a chance to formally approve the spending on December 5, 2005. Vote approved 3-0-1. James Xenakis abstained. Public Safety Personnel Appointment Process. The Town Manager Mark Rees asked the Board to have an in-depth discussion regarding the civil service system process of hiring the chief of police and fire department chief. Currently, both positions are under the civil service system. Within the next two to five years both men are contemplating retirement. It is time for the Board to review the process and consider possible changes. The Town Manager recommended removing both the police and fire chief positions from civil service. This would allow the Town to fill these important positions in the future with the most qualified persons. Removing these positions from under the auspices of civil service would not affect the two incumbents. Such a process would be accomplished through a variety of methods including a home rule petition for special legislation approved by the legislature and/or town wide ballot meeting. The Town Manager also recommended that he the Town Manager be the appointing authority for both departments. This also could be accomplished through a home rule petition to be voted at annual town meeting. This decision would ease the process and promote efficiency and consistency in decision-making. The Town Manager recommended that the Board authorize him to establish a committee consisting of two Selectmen, Assistant Town Manager Ray Santilli, the current incumbents, union representatives and other communities that have implemented similar changes. This committee would report back by September 30, 2005 with a report detailing the advantages and disadvantages of implementing these changes, a specific proposal to be voted by the Board of Selectmen and a time line for implementation. James Xenakis made a MOTION, seconded by Donald Stewart, to sit on the committee with incumbents, union representatives, and Assistant Town Manager to review and report back to the Board on September 30, 2005. Vote approved 4-0. NEW BUSINESS: Town Manager Evaluation Process The Town Charter requires an annual evaluation of the Town Manager. The Town Manager requested that the Board consider using evaluation tools used by other communities for the evaluation process. The Board would decide by their next meeting which form they would use for the evaluation process. TOWN MANAGER'S REPORT: The Town Manager and Selectman Smedile attended a Ceremony for the promotion of Scott Nussbaum to Lieutenant of the Fire Department. The Town Manager met with the Reverend Larry Peacock of the Rolling Ridge Conference Center. ADJOURNMENT: James Xenakis made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 9:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board