HomeMy WebLinkAbout2006-11-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 20, 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; Ray Santilli,
Assistant Town Manager.
EXECUTIVE SESSION:
James Xenakis made a MOTION, seconded by Mark Caggiano, to move into Executive Session to
discuss Collective Bargaining and Pending Litigation. 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 Minutes from the
following dates: October 24, 2006, Executive Session Minutes as written; November 6, 2006, Executive
Session Minutes as written; November 6, 2006, Open Session Minutes as written. Vote approved 4-0-1.
Daniel Lanen abstained from Executive Sessions.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificate of Appreciation: Police Chief Richard Stanley
The Board presented a Certificate of Appreciation to Police Chief Richard Stanley recognizing his
courageous actions of leadership, and dedication as Control Chief of the North Eastern Massachusetts
Law Enforcement Council (NEMLEC) Special Weapons and Tactics (SWAT) Team. Stanley was
awarded the George L. Hanna Memorial Award for Bravery from the Commonwealth of Massachusetts
and The Law Enforcement Medal of Valor from the Massachusetts Association of Italian American Police
Officers, Inc.
Massachusetts Municipal Association Kenneth E. Pickard Municipal Innovation Award
The Town was recently notified by the MMA that based on a regional application submitted by the
municipalities of Methuen, Lawrence, Andover and North Andover, were jointly awarded this honor for
developing a web based program that allows potential businesses who want to locate in the Merrimack
Valley to enter their needs and criteria into the web page and then receive potential sites for their
consideration, along with a host of other material.
Joint Meeting with Housing Authority
Housing Authority Board Members present were Anna O'Connor, Ted Snell and Paul Gilligan.
Under state law, when a vacancy occurs in a locally elected board (with the exception of the Board of
Selectmen), the remaining members of the board and the Board of Selectmen sit in joint session to
choose a replacement until the next general election. The vacancy on the Housing Authority was created
by the death of William McEvoy. Three residents have come forward seeking appointment to this
position. The three candidates are Tracy Watson, 9 William Street, John Driscoll, 42 Parker Street, and
Timothy Seibert, 65 Elm Street
Afterjointly interviewing the three candidates, the two Boards vote on who should fill the opening, the
candidate with the most votes from all members of both boards being the successful candidate. This
appointment is temporary until the next election on March 27, 2006.
The votes were taken by a written ballot with the candidate of choice and signed by the voter.
The first vote was tie 4 votes for Tracy Watson by Paul Gilligan, Mark Caggiano, James Xenakis & Daniel
Lanen and 4 votes for John Driscoll by Anna O'Connor, Ted Snell, Thomas Licciardello and Rosemary
Smedile.
Board of Selectmen Minutes November 20, 2006 2
The second vote was 5 votes for Tracy Watson by Paul Gilligan, Mark Caggiano, James Xenakis, Daniel
Lanen and Thomas Licciardello and 3 votes for John Driscoll by Rosemary Smedile, Anna O'Connor and
Ted Snell.
James Xenakis made a MOTION, seconded by Daniel Lanen, to appoint Tracy Watson to the North
Andover Housing Authority. Vote approved 5-0.
Flu Shot Clinic
The Board of Health will be conducting a Flu Shot Clinic on Monday, December 4, 2006 from 6:00—7:00
p.m. at Town Hall, first floor conference room. The clinic is open to anyone over the age of 18 for a
charge of$15. Senior citizens over 65 will not be charged if they bring their Medicare or Insurance Card.
Support the Troops
Veterans Director Ed Mitchell is asking citizens to remember the men and women of our Armed Services
and send them a card or a small token of your appreciation over the holidays. A list of North Andover
soldiers was distributed to the selectmen.
Congratulations to Selectman Lanen
The board congratulated Selectman Lanen on the birth on his baby boy Daniel.
Holiday Parade
Selectman Smedile announced the Holiday Parade on Saturday, November 25, 2006, starting at 1:00
p.m. and she is still accepting donations of$60 for Downtown Holiday Wreaths.
Happy Thanksgiving
The Board of Selectmen wished everyone a Happy Thanksgiving.
Commission on Disabilities
Donald Stewart, member of the Commission on Disabilities said that people are abusing Handicap
Parking Spots. He asked the board to consider raising the fines by offenders. The fine has been $50 for
thirty years. Neighboring cities and towns fine as much as $200.
Town Manager said that he would seek information from the Police Department about how many violation
tickets are written to those who park in Handicap Parking spaces in shopping centers as well as street
parking in front of public buildings. He would also look into the process of how to raise the fee and bring
this information back to the Board at their next meeting.
CONSENT ITEMS:
The Director of Public Works, William Hmurciak is requesting permission from the Board to fill a vacancy
that currently exists within his department. Year to date projections do not indicate any budget problems
in this department.
Daniel Lanen made a MOTION, seconded by Mark Caggiano, to fill the vacancy in the Department of
Public Works. Vote approved 5-0.
LICENSING COMMISSIONERS:
Rosemary Smedile made a MOTION, seconded by James Xenakis, to move into Licensing. Vote 5-0.
Licensing Chairman Mark Caggiano explained the licensing fees being charged for various applications
businesses.
Application for Entertainment $100.00, License Fee for Entertainment $100.00, Application Fee $75.00
and License Common Victualler$75.00, Auto Amusement License Application $100.00 for each machine.
An annual renewal fee is $2,500 charged in January.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to establish the Licensing Fees as
stated by the Licensing Chairman. Vote approved 5-0.
Board of Selectmen Minutes November 20, 2006 3
Hughes Entertainment Inc.d.b.a. LaserCraze, 1600 Osgood Street
Attorney John Smolak representing Hughes Entertainment LaserCraze addressed the Board for the
Application for Common Victualler, 25 Automatic Amusement Devices and Entertainment Licenses.
Lazer Tag would be located in building 30 with a potential opening date of April 2007. Hours of operation
are as follows: Monday Closed; Tuesday-Thursday 10:30 am to 9:OOpm; Friday 10:30am to 12 midnight;
Saturday 10am to 12 midnight; Sunday 10am to 7pm.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve licenses contingent of
approval from all departments' occupancy permits. Vote approved 5-0
Merrimack College One-day License
Kathleen Makiver, Events Coordinator of Merrimack College, Turnpike Street requests a one-day beer&
wine license for Alumni Christmas Party at Cascia Hall on Thursday, November 30, 2006 from 6:00—9:00
p.m.
Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approve a one-day beer&
wine license for Merrimack College Alumni Christmas Party. Vote approved 5-0.
License Renewal Procedures
Licensing Chairman Mark Caggiano suggested sending notices to all Liquor License Holders advising
them to hold off signing up employees for TIP recertification until after the license policy is changed to
avoid incurring unnecessary costs. However all new employees must be initially certified and any former
employees with gaps in service should be recertified.
Selectman Xenakis questioned whether the Board of Selectmen has the authority to require a license
holder to have employees TIP certified.
Mark Caggiano is working with Town Counsel on setting a Licensing policy that is legally sound and put
forth a plan for the Board to consider.
Mark Caggiano said that this is license renewal time and not all license holders have paid their taxes or
water bills. The present bylaw allows the Board to deny delinquent taxpayers renewal of their liquor
license holders. The renewals would be presented at the December 18, 2006 meeting.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote
approved 5-0.
PUBLIC HEARINGS:
Pole Petitions by Nationalgrid
Waverly Road Plan #120211 — Relocation of(2)joint poles on Waverly Road
Waverly Road Plan #120211-1 Installation of(2) 4" conduits (45'), UG Conductors & (1) Heavy Duty
Handhole
Osgood Street Plan #1283128— Relocating Pole#351 a distance of 30' due south out of proposed
driveway.
Mark Caggiano made a MOTION, seconded by James Xenakis, to approve Nationalgrid Plans# 120211,
#120211-1, and #1283128. Vote approved 5-0.
OLD BUSINESS:
Conservation Restriction for Cullen Property
When the town acquired this property using CPA funds; one of the requirements is that the land has a
conservation restriction placed on it to prevent future development. Attorney Carol McGravey from Town
Counsel's office was present to answer questions.
The Board was asked to approve and sign both the deed and the conservation restriction so the Town
can close on the property sale with the Trust for Public Land.
James Xenakis made a MOTION, seconded by Mark Caggiano, to approve and sign the deed and the
conservation restriction. Vote approved 5-0.
Board of Selectmen Minutes November 20, 2006 4
NEW BUSINESS:
Insurance Coverage Review
Selectman Lanen requested that the Board review a schedule of insurance coverage for the town.
Assistant Town Manager Ray Santilli provided summary/benchmarking information outlining insurance
coverage provided by MIIA to the Town of North Andover. The Town of North Andover has a $2,000,000
Umbrella limit.
Selectman Lanen asked to get quotes for$3, 4, &5 million umbrella limits and provide information to the
Board.
Day after Thanksgiving
The Town Manger asked the Board to consider giving the day after Thanksgiving as a paid holiday to all
non-union by-law employees. A survey of neighboring towns showed that five out of 7 towns gave the
day after Thanksgiving as a paid holiday. Clerical and DPW Unions have that holiday written in their
contracts. Police, Fire and Dispatchers do not get the holiday. If holiday was granted to Police, Fire &
Dispatcher, the Fire Department receives time and half days paid and Police receive another day off in
lieu of the day.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve a paid holiday to by-law
employees the day after Thanksgiving. Vote approved 4-1. Daniel Lanen opposed.
TOWN MANAGER'S REPORT:
Due to the tight year end time frame for holding the town's tax classification hearing, submitting the Tax
Recap sheet to DOR and mailing the January 1, 2006 Property Tax Bills, it is requested that the Board of
Selectmen hold a meeting on December 11, 2006 in addition to the already scheduled December 4 and
18th meetings. This would allow the Board to open the tax classification hearing on December 4, receive
public input and then vote the tax classification factor on the 11th, thus allowing us to do all the other
things necessary to get the tax bills out on time.
Also related to the January 1St tax bills, articles for the Town's newsletter to be sent with those bills are
due by December 11, 2006 to my office.
The date for the annual Holiday Breakfast sponsored by the Board of Selectmen and Division Directors
has been set for Friday, December 15, 2006.
Ron McNutt, completing his one-year probation period,was sworn in as a permanent Fire Fighter on
Tuesday, November 14 h 2006
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:15 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board