HomeMy WebLinkAbout2006-10-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 24, 2006
CALL TO ORDER: Thomas Licciardello called the meeting to order at 7:00 PM at Town Hall Meeting
Room.
ATTENDANCE: The following were present: Thomas Licciardello, Chairman; Rosemary Connelly
Smedile, James Xenakis; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager.
EXECUTIVE SESSION:
James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to
discuss Collective Bargaining and Real Estate Matters. Vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel
P. Lanen, yes; James Xenakis yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas
Licciardello yes. Vote approved 5-0.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Open Session
Minutes of October 10, 2006. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Executive Session
Minutes of October 10, 2006. Vote approved 4-0-1. Daniel Lanen abstained.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificate of Appreciation to Brooks School
The Board of Selectmen presented a Certificate of Appreciation to Headmaster Larry Becker fro the
generous donation of two police cruisers to the North Andover Police Department.
Public Comment
School Committee Chairman Alfred Perry was the first to request money be given to the high school for
more teachers to help lift the accreditation warning status recently placed on the school by the New
England Association of Schools and College. He said the added teachers would lower class sizes and
show the town's commitment to education.
Cindy Jalbert, 175 Webster Wood Lane, Joyce Smith, 5 Francis Street, Judy Goodwin, 10 Campbell
Road, Ronn Faigen, 110 Fuller Road and Mark DeSalvo, 1011 Great Pond Road, voiced their opinions,
some commending the Board of being fiscally responsible and others questioning the Board of knowing
about the Free Cash amount and why they did not share the information with the town at the Special
Town Meeting on July 10, which could have avoided some of the cuts that were made in the town budget.
Since the town announced last week that the state certified $2.1 million in free cash —money the town
earned in 2006 that was over what they had budgeted. Chairman Thomas Licciardello said, "It's time to
have some fiscal responsibility. It's time to pay off our credit cards."
Town Manager Mark Rees said July 10 is too early to know the amount of free cash. The fiscal year ends
on June 30, but money is still coming in and Selectmen did not know the amount of free cash available for
the Special Town Meeting. Rees said the Department of Revenue strongly recommends that towns not
use projections of free cash.
Selectmen are recommending that money be used for a $1.1 million deficit they expect in the 2008
budget, a $320,000 school lunch debt, a $190,000 debt to fix local roads, and $250,000 for new teachers
and the remaining money, about $240,000 for the town's reserve.
Board of Selectmen Minutes October 24, 2006 2
Appointments by the Board of Selectmen
James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint James Lyons, Jr. to the
Greater Lawrence Community Action Council. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Joseph Silveira to the
Recreation Council. Vote approved 5-0.
Appointments by the Town Manager
Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Town Manager's
recommendation of appointing Richard Rowen of the Planning Board from associate member to full
member. Vote approved 5-0.
Announcement
Mark Caggiano made an announcement about an Informational Meeting on November 1, 2006, starting at
7:00 PM in the Selectmen's Meeting Room regarding North Andover's Form of Government. This is
informational only on how to change the type of government and the process.
Town Accountant: FY06 End of the Year Report, FY07 1St Quarter Report
FY06 End of Year Report
Town Accountant Lyne Savage gave a summarized report of the FY06 Annual Financial Report,
collection of Revenues, State Aid, Local Receipts, Special Revenue Funds and Capital Project Funds.
Included were recommendations from Standard & Poor and Moody's Financial Services reaffirming our
ratings of A+ and Al, but cautioned the town to maintain adequate reserves for future years.
FY07 1 St Quarter Report
Town Accountant Lyne Savage reported on budget status of the first quarter of FY07. Tax revenue
collections are staying steady with prior year trends. Motor vehicle collections are at 7% at this point in
the year. Most revenue is expected in March and April. Payment in Lieu of taxes is received from the
Housing Authority in March. Medicare reimbursement is received in October and April. Overall, the total
revenue collected of 22.95% is in line with where we should be at this point in the fiscal year. Expenses,
there is a concern which relates to the workers compensation line item. This will need to be addressed
either by means of a budget transfer from another fixed cost line item or at a future Town Meeting.
Enterprise Funds both Sewer and Water are running slightly higher then the expenditure percentage and
are both with in the target percentage of 25%.
Town Clerk: November 7, 2006 Election Update
Joyce Bradshaw Town Clerk gave an update on the November 7, 2007 Election. Polls will be open from
6:00 a.m. to 8:00 p.m. at one location at the High School.
CONSENT ITEMS:
Warrant for November 7, 2006 Election
The Board of Selectmen signed the Warrant for the November 7, 2006 Election.
Cambridge Sports Union Rollerski Race on Sunday, November 5, 2006
Mark Caggiano made a MOTION, seconded by James Xenakis, to approve the request by James
Doucett for the Annual Rollerski Race on November 5, 2006. Vote approved 5-0.
Veterans Day Parade, November 11, 2006
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the request by Edward
Mitchell, Director of Veterans Services to hold a parade on Veterans Day November 11, 2006. Vote
approved 5-0.
Request to Hire Firefighter
Fire Chief William Dolan requested to hire a firefighter to replace a firefighter that has been granted a
disability retirement.
Board of Selectmen Minutes October 24, 2006 3
James Xenakis made a MOTION, seconded by Mark Caggiano, to grant the request to hire a firefighter.
Vote approved 5-0.
LICENSING COMMISSIONERS:
James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote
approved 5-0.
Informational Hearing: China Blossom Restaurant
The Board of Selectmen asked Mr. Richard Yee, owner of the China Blossom to attend the meeting to
discuss the circumstances of two incidents that happened at his business on April 29, 2006 and on
September 9, 2006.
Police Chief Richard Stanley spoke on behalf of Mr. Richard Yee's character and reputation as a well-
standing business owner who has owned his business for many years in town and has always
cooperated with law enforcement and the regulations of the town.
Mr. Yee explained that on those two evenings patrons were involved in fights and patrons were injured.
He assured the Board that he is taking action to prevent this from happening again. He has fired his head
of security and will cooperate with the North Andover Police Department to keep his business a safe
environment for his patrons. He apologized to the Board and asked for forgiveness.
TIPS Certification Procedures
Licensing Chairman Mark Caggiano informed the board that he is working with Town Counsel Thomas
Urbelis to implement a Procedure and Policy for North Andover Licensing for all liquor establishments and
is in the process of updating all documents on TIPS training.
Cynthia Rostiac, Stevens Estate, 723 Osgood Street, requests the following one-day licenses
1. April Constantineau, Avid Technology, Wed. 10/25/06, from 5:00— 10:00 PM, full liquor
bar
2. Ellen Roberge, Roberge Birthday Party, Fri. 10/27/06, from 7:00— 11:00 PM, full liquor
bar
3. MaryAnn Williams, Quota International Fundraiser, Sat. 11/4/06, from 7:00— 11:00 PM,
full liquor bar
4. Stephen Dawe, Steinert and Andover Music Chamber Reception, Thurs. 11/9/06, from
7:30—9:30 PM, beer&wine bar
5. Stephen Dawe, M. Steinert and Sons Cocktail Reception, Fri. 11/10/06, from 7:30—9:30
PM, beer&wine bar
6. Paul Scribner, Woburn High School Reunion, Sat. 11/24/06, from 7:00— 11:00 PM, full
liquor bar
7. Debra Carberry, Carberry Wedding, Sat. 11/25/06, from 6:00— 11:00 PM, full liquor bar
8. Laura Gifford, Mother Connection Fundraiser, Thurs. 11/30/06, from 6:30—9:30 PM,
beer&wine bar
9. Jamie Hale, Wyeth Holiday Lunch, Fri. 12/8/06, from 12:00—5:00 PM, beer&wine bar
10. Karen Townsend, Aegis Holiday Party, Sat. 12/9/06, from 7:00— 11:00 PM, full liquor bar
11. Jeff Foulds, Foulds Family Party, Sun. 12/10/06, from 3:00—8:00 PM, full liquor bar
12. Sue Moldren, Exit 41 Holiday Party, Thurs. 12/14/06, from 7:00— 11:00 PM, full liquor bar
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the one-day licenses.
Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to move out of licensing. Vote
approved 5-0.
Board of Selectmen Minutes October 24, 2006 4
PUBLIC HEARINGS:
Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Public Hearing. Vote
approved 5-0.
Underground Storage Tanks 1503 Osgood Street
Attorney John Smolak representing 1503 Osgood Street LLC requested approval for a license application
of underground storage petroleum products at the property know as 1503 Osgood Street. The project
includes the construction of a proposed retail gasoline service station and diesel products.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to close the Public Hearing. Vote
approved 5-0.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the installation of
underground storage tanks for storing petroleum products at 1503 Osgood Street for construction of a
proposed retail gasoline service station. Vote approved 5-0.
OLD BUSINESS:
Waste Water Management Plan Scope of Services (Draft)
William Hmurciak Director of Public Works presented a draft scope of services for Waste Water
Management and asked the board to review and approve.
James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the draft Waste Water
Management Plan Scope of Services. Vote approved 5-0.
NEW BUSINESS:
Sewer Relief Fund Request
The Commonwealth has a program that allows cities and towns to receive partial reimbursement for debt
service associated with sewer line construction costs. In order to receive the approximately$57,000 the
town would be eligible to receive under this program, the Board is requested to sign the application for
2007 distribution.
Mark Caggiano made a MOTION, seconded by James Xenakis, to sign the application for 2007
distribution for sewer relief and place the funds into the Sewer Enterprise Fund. Vote approved 5-0.
FY08 Budget Policy Statement Draft
Mark Rees Town Manager presented a draft of the FY2008 Budget Policy Statement for the Board's
review. This will be discussed at a future meeting.
Board of Selectmen License Fees Review
The Town Clerk's office presented a comparison to surrounding communities and recommended possible
changes to North Andover's current liquor license fees.
Selectman Xenakis suggested that the Town liquor license fees were high enough and did not need an
increase. But Selectman Caggiano defended the increases by the number of hours it takes to provide all
the services by town employees.
License Current Fee Proposed Fee
Restaurant A/A $2800 $3000
Inn holder $2800 $3000
Club A/A $1500 $2000
Retail W&M $1400 $1500
One Day A/A $ 80 $ 100
One Day W/M $ 50 $ 75
Other $ 50 $ 75
Common Victualler $ 50 $ 75
Board of Selectmen Minutes October 24, 2006 5
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to increase the liquor license fees as
recommended by the Town Clerk's office. Vote approved 4-1. James Xenakis opposed.
Utilization of HOME Funds
The Town's Housing Partnership Committee requested the Board to authorize the use of HOME funding
(Federal Housing Funds) to be used to fund their First Time Homebuyers Assistance Program. They are
also requesting consideration of additional HOME funding to supplement an American Training previously
approved by the Board.
Curt Bellavance Director of Community Development and George Koehler Chair of Housing Partnership
presented a plan using funds from the North Shore Consortium (HOME). The money available to North
Andover is roughly $70,000. If the funding is not used HOME absorbs the money back into their program.
At this point the Town would like to provide funding to American Training $73,600 for rehabilitation of 20
Lincoln Street. The Board's has the authority to disperse these funds.
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the (HOME)funding and to
disperse the $73,600 to American Training for rehabilitation of 20 Lincoln Street. Vote approved 4-0-1.
Rosemary Smedile abstained.
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve and establish a First Time
Buyers Assistance Program and use (HOME) funds. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Town Manager reminded the Board that the holidays are quickly descending upon us and they
should consider a date and start planning for the Selectmen's Holiday Breakfast.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by James Xenakis, to adjourn the meeting at 10:48 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board