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HomeMy WebLinkAbout2007-04-10 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 10, 2007 CALL TO ORDER: Thomas Licciardello called the meeting to order at 7:08 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Thomas Licciardello, Chairman; Rosemary Connelly Smedile, James Xenakis; Daniel P. Lanen; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Land Acquisition, Collective Bargaining and Pending Litigation. Vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; James Xenakis yes; Rosemary Smedile, yes, and Thomas Licciardello yes. Vote approved 4-0. Note: Mark Caggiano arrived at 7:25 p.m. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve Amended Open Session Minutes of March 19, 2007, Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve Open Session and Executive Session Minutes of April 3, 2007. Vote approved 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Recognition of Greater Lawrence Technical High School State Wrestling Team Championships The Board of Selectmen recognized the Coach and members of the Greater Lawrence Technical High School State Wrestling Team, presenting them with a Certificate of Accomplishment. Recognition of North Andover Wrestling Champion The Board of Selectmen recognized Conor Tierney for winning an individual championship at the State Championships and presented him with a Certificate of Accomplishment. Recognition of North Andover Swimming Champion The Board of Selectmen recognized Kirsten Kasper for winning two individual championships at the State Swimming Championship and presented her with a Certificate of Accomplishment. Boy Scout James Marino James Marino of Boy Scout Troop#87 needs to fulfill his community project required to become an Eagle Scout and requested the Board's permission to approve his plans for building Bleachers at Reynolds Field. He presented the plans for construction, which was approved by a Professional Engineer. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the plans submitted by James Marino for construction of Bleachers at Reynolds Field. Vote approved 5-0. Acceptance of Donation: NA Booster Club The Booster Club donated $500 to the North Andover Fire Department towards the purchase of an infrared imaging device to be used by the Fire Department. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept the donation of$500 to the Fire Department. Vote approved 5-0. Board of Selectmen Meeting April 10, 2007 2 FY06 Audit Presentation The Town's outside auditors Christian Rogers of Sullivan, Rogers and Company, LLC presented an overview of the Town's financial statement and management letter for the year ending June 30, 2006. Financial highlights are as follows: 1. The assets of the Town exceeded its liabilities at the close of the most recent fiscal year by $134,583,037(net assets). Of this amount, $19,907,746(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$5,513,289. 3. As of the close of fiscal year, the Town's governmental funds reported a combined ending fund totaling$4,826,830; an increase of$28,824,980 in comparison with the prior year. Approximately $11,010,000 represents unreserved fund balance of the general fund, special revenue, nonmajor capital projects and permanent funds. The school construction capital projects fund(major fund) deficit totaling$7,625,745 will be funded by intergovernmental revenues and bond proceeds in future fiscal years. The school construction capital projects fund is currently funded via short- term debt. 4. At the end of the fiscal year, undesignated fund balance for the general fund totaled$4,074,811, or 5.8 percent of total general fund expenditures. In the prior year, undesignated fund balance for the general fund totaled$990,869. 5. The Town's total gross bonded debt decreased by$8,251,773 during the fiscal year; $900,000 of new debt was issued. The Management letter comments and recommended the following: 1. Management should familiarize itself with the requirements of GASB Statement No. 45 and prepare for its implementation. 2. Rogers recommended that the Town prepare a schedule of the amounts to be raised on the fiscal years 2007, 2008 and 2009 tax recapitulations for the purpose of amortizing the self-insured health insurance fund deficit identified above. 3. Rogers recommended that management implement a plan to fund the current School Lunch deficit and that management develop a pricing structure to support the fund's operations. 4. Rogers recommended that the Chapter 90 Highway Grant deficit be permanently funded via Town Meeting vote. 5. Rogers recommended that the School Committee adopt a policy that clearly prohibits the practice of supplanting the school department's general operating budget with revenues of fee-based revolving funds. 6. Rogers recommended that the School Department prepare purchase orders for their year-end encumbrances. Implementation of this recommendation would strengthen internal controls over vendor disbursements. All purchase orders only be initiated when funds are authorized and available to pay for goods and services. By doing so, the date of purchase orders will always correlate to the fiscal year in which the goods and services are ordered. 7. Rogers recommended that the School Department Special Education Program implement procedures to maintain Forml-9 Employment Eligibility Verification Forms for all employees. Procedures must also be implemented to ensure that the Form 1-9's maintained in the personnel files are completed fully and supported by adequate identification documentation, as listed on the back of the 1-9 forms. Rogers recommended that the School Department implement procedures Board of Selectmen Meeting April 10, 2007 3 to ensure that all CORI request forms are signed by a CORI authorized individual prior to submission to the CHSB. 8. Rogers recommended that the Accounting System 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 activities (revenues and expenditures) in the corresponding fund. The Treasurer/Collector's detailed accounts receivable module should be integrated with the Town's general ledger 9. Rogers recommended that the Town implement procedures to reconcile the outstanding balance of performance bond deposits between the Town Accountant, Treasurer/Collector and originating departments. Any discrepancies between the records of these departments should be appropriately adjusted in a timely manner. The passbook savings accounts should be updated quarterly. 10. Rogers recommended that management develop and implement a risk assessment program to periodically anticipate, identify, analyze and manage the risk of asset misappropriation. The risk assessment program should be formally documented and become part of the Town's financial policies and procedures manual. Management should develop and implement a monitoring program to periodically evaluate the operational effectiveness of internal controls. The monitoring process should be documented in order to facilitate the evaluation of controls and to identify improvements that need to be made Note: Selectman Daniel Lanen Recused Lateral Transfer Police Officer Daniel Crevier requested permission to apply for a lateral transfer to the Boston Police Department. Mark Caggiano made a MOTION, seconded by James Xenakis, to authorize permission for a lateral transfer to Officer Daniel Crevier. Vote approved 4-0-1. Note: Selectman Daniel Lanen Returned. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. "99 Restaurant" Change of Manager James Xenakis made a MOTION, seconded by Daniel Lanen, to approve the request by the "99 Restaurant" for Change of Manager to Robert Ryan. Vote approved 5-0. James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Status Report on Old Center Traffic Improvement Project Assistant Town Manager Ray Santilli provided an analysis of actual and potential Extra Work Orders and their impact on the project contingency allocation. Should all of the potential EWO's come to fruition; the town may exceed the contingency by $170,000. However, that can be reduced by$100,000 from a state grant, earmarked by State Representative David Torrisi, leaving a potential balance of$70,000, which can be funded through Chapter 90 funds or reducing the scope of the project. Greenery Project The Town Manager informed the Board that the Community Preservation Committee recently voted to recommend to Town Meeting that$1 million dollars of CPA funds be used to assist in turning the Greenery Project into affordable housing. Director of Community Development Curt Bellavance and George Koehler were present and gave an update on this project. Mr. Koehler emphasized that this project in not consider"low cost housing" but "Affordable Housing" and many people with moderate Board of Selectmen Meeting April 10, 2007 4 incomes would be eligible for such housing. Mr. Bellavance said that Philip Giffee Executive Director of NAOH would be present at the Board's next scheduled meeting on April 23, 2007. Consideration to Reopen the Warrant Mark Caggiano made a MOTION, seconded by James Xenakis, to reopen the Warrant to add two articles. The first was a zoning change on Rte. 114 that was tabled at the last meeting and second is a petition to the general court to make the Town Manager the appointing authority for police officers below the rank of Chief. The Board voted unanimously to open the Warrant 5-0. Daniel Lanen made a MOTION, seconded by Mark Caggiano, to place the Article Petition for Rezoning the corner of Rte 114 and Berry Street from a Residential 2 District to Corridor Development District 2. Vote approved 5-0. James Xenakis made a MOTION, seconded by Mark Caggiano, to add Article Petition to the general court to make the Town Manager the appointing authority for police officers below the rank of Chief. Vote approved 4-0-1. Daniel Lanen abstained. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to close the Warrant. Vote approved 5-0. Ordering the Warrant James Xenakis made a MOTION, seconded by Daniel Lanen, to order the Warrant by numbers (1-50) including the two additional articles and deleting articles 51-57. Vote approved 5-0. Position on Town Meeting Warrant Articles The Board was requested to vote their recommendations on the articles to be included in the warrant book. James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Articles 1,2,3. Vote approved 5-0. Article 1. Reports of Special Committees Article 2. Consent Articles: a) Reports of receipts& expenditures, b)Authorization to sign contracts in excess of 3 years, c)Authorization to accept grants of easements, d)Authorization to grant easements Article 3. Compensation of Elected Officials James Xenakis made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Articles 4,5,6. Vote approved 5-0. Article 4. Amend General Fund Appropriation for FY2007 Article 5. Amend Water Enterprise Fund Appropriation for FY2007 Article 6. Amend Capital Improvement Plan Appropriation for FY2007 James Xenakis made a MOTION, seconded by Daniel Lanen, recommendation To Be Made At Town Meeting on Article 7. Vote approved 5-0. Article 7. Transfer of Unexpended Funds from Special Revenue and Capital Funds James Xenakis made a MOTION, seconded by Daniel Lanen, recommendation To Be Made At Town Meeting on Article 8. Vote approved 5-0. Article 8. Prior Year Unpaid Bills James Xenakis made a MOTION, seconded by Mark Caggiano, recommendation To Be Made At Town Meeting on Article 9. Vote approved 5-0. Article 9. Approve Collective Bargaining Agreement— Town of North Andover& IAFF Local 2035 Board of Selectmen Meeting April 10, 2007 5 Firefighters James Xenakis made a MOTION, seconded by Mark Caggiano, recommendation To Be Made At Town Meeting on Article 10. Vote approved 4-0-1. Daniel Lanen abstained. Article 10. Approve Collective Bargaining Agreement- Town of North Andover and the New England Police Benevolent Association (NEPBA), Local 2. Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action on Article 11. Vote approved 5-0. Article 11. General Fund Appropriation for FY08 James Xenakis made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 12. Vote approved 5-0. Article 12. Appropriation of Funds to Reinstate Program Manager Position-North Andover Senior Center James Xenakis made a MOTION, seconded by Daniel Lanen, to recommend Unfavorable Action on Articles 13,14. Vote approved 5-0. Article 13. Raise and Appropriate Additional Funds for FY08-$3,000,000 for School$500,000 Other Departments. Article 14. Stabilization Fund James Xenakis made a MOTION, seconded by Daniel Lanen, to recommend Favorable Action on Articles 15,16 17. Vote approved 5-0. Article 15. Water Enterprise Fund Appropriation-FY2008 Article 16. Sewer Enterprise Fund Appropriation-FY2008 Article 17. Stevens Estate Enterprise Fund Appropriation-FY2008 James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Article 18. Vote approved 5-0. Article 18. Establishment of Revolving Funds James Xenakis made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 19. Vote approved 5-0. Article 19. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund James Xenakis made a MOTION, seconded by Daniel Lanen, to recommend Favorable Action on Article 20. Vote approved 5-0. Article 20. Continuation of MGL Chap. 59 Sec. 5C-Senior Work Program-Increase Funding to $13,000 James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Articles 21,22,23. Vote approved 5-0. Article 21. Capital Improvement Plan Appropriation FY 2008 Article 22. Appropriation of Funds- Town Owned Buildings into New Police Station Article 23. Accept Resolution Regarding State Funding James Xenakis made a MOTION, seconded by Daniel Lanen, to recommend Unfavorable Action on Article 24. Vote approved 5-0. Board of Selectmen Meeting April 10, 2007 6 Article 24. Amend Town Charter—Insert Chap.12— Web Access to Public Records James Xenakis made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Articles 25,26. Vote approved 5-0. Article 25. Amend General Bylaws-Chap. 59-Town Meeting-Add New Section-Section 8-Procedures for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting. Article 26. Amend Town Charter-Chap. 2, Section 8—Add New Section 2-8-4 Requirements for Disclosures, Initial Funding and Appropriation of Labor Contracts involving Expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting. James Xenakis made a MOTION, seconded by Mark Caggiano, recommendation To Be Made At Town Meeting on Articles 27,28,29. Vote approved 5-0. Article 27. Amend Zoning Bylaw-Add New Section— Section 17— Osgood Smart Growth Overlay District Article 28. Amend North Andover Zoning Map—Establish Osgood Smart Growth Overlay District—Map 34 Parcel 17— 1600 Osgood Street—Former Lucent Technologies site. Article 29. Accept Provisions of Massachusetts General Laws Chapter 43D—As Amended by Section 11 of Chapter 205 of the Acts of 2006 Mark Caggiano made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 30. Vote approved 5-0. Article 30. Amend Zoning Map—200 and 220 Sutton Street, Assessors Map 39, Lot 24 and Assessors Map 28, Lot 1, from Industrial S (IS)to Business 2 (B-2) James Xenakis made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 31. Vote approved 5-0. Article 31. Amend Zoning Bylaw—Section 4.133 Industrial 2 District—Add New Subsection— Subsection 24—Allowed Uses in 1-2 District Mark Caggiano made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 32. Vote approved 5-0. Article 32. Amend Zoning Map—Assessors Map 108-C Parcel 9-Route 114— Turnpike Street and Berry Street—Rezone from Residential 2 (R2) to Corridor Development District 2(CDD2) Mar Caggiano made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 33. Vote approved 5-0. Article 33. Amend Zoning Map—Assessors Map 108-C Parcel 9—Route 114— Turnpike Street and Berry Street—Rezone from Residential 2 (R2) to Industrial 1 (11) James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Article 34. Vote approved 5-0. Article 34. Petition the General Court—Enact General Bylaw—Machine Shop Village Neighborhood Conservation District Bylaw— Chapter 134—Neighborhood Conservation District-Machine Shop Village James Xenakis made a MOTION, seconded by Rosemary Smedile, recommendation To Be Made At Town Meeting on Article 35, 36. Vote approved 5-0. Board of Selectmen Meeting April 10, 2007 7 Article 35. Amend North Andover Zoning Bylaw-Sections 8.9 (3)(c)(v), 8.9(5)(d)(vii)(3), and 8.9(8)- Wireless Service Facilities- Setback and Monitoring Requirements Article 36. Amend Zoning Bylaw-Add New Section-Section 7.4 (5)-Dimensional Requirements- Building Heights James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Article 37. Vote approved 5-0. Article 37. Amend North Andover Zoning Bylaw-Section 8.5.6(F) Usable Open Space James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Unfavorable Action on Article 38. Vote approved 3-1-1. Rosemary Smedile opposed and Daniel Lanen Abstained. Article 38. Amend General Bylaws-Insert New Chapter- Chapter 82 Demolition Delay James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 39. Vote approved 5-0. Article 39. Amend Chapter 28 of the General Bylaws-Affordable Housing Trust Fund James Xenakis made a MOTION, seconded by Mark Caggiano, recommendation To Be Made At Town Meeting on Article 40. Vote approved 5-0. Article 40. Acquisition of 75 Park Street-Assessors Map 85, Parcel 13-Former Greenery Property James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 41. Vote approved 4-1. Daniel Lanen opposed Article 41. Petition the General Court-Exempt Positions of Police Chief and Fire Chief from Civil Service James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 42. Vote approved 4-1. Daniel Lanen Opposed. Article 42. Petition the General Court-An Act Conferring on the Town Manager the Powers of Appointments and Removal Over Police Officers in the Town of North Andover James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Articles 43,44,45,46,47,48,49. Vote approved 5-0. Article 43. Petition the General Court-Age Exemption-Kevin Farragher-Firefighter Article 44. Petition the General Court to Amend Chapter 3, Section 6.1-Expand Number of Constables Article 45. Adopt Resolution Supporting Establishment of Regional Operations Center for Essex County Article 46. Accept the Provisions of Chapter 39 Section 23D-Voting Provisions for Town Boards Article 47. Amend General Bylaws- Chapter 88 Section 8-Dogs-Nuisances Article 48. Amend Chapter 69 of the General Bylaws-Fire Alarms Article 49. Repeal General Bylaw, Chapter 101 Section 2-Fees, Residuals Management Facility-Fee in Lieu of Taxes James Xenakis made a MOTION, seconded by Mark Caggiano, recommendation To Be Made At Town Meeting on Article 50. Vote 5-0. Article 50. Omnibus Street Acceptance Article Signing the Warrant The Town Manager requested that the Board members sign the Warrant once everything was finalized by the end of the week. Board of Selectmen Meeting April 10, 2007 8 NEW BUSINESS: Regional Bike/Pedestrian Network Planning Grant Town Planner Lincoln Daley requested the Board to endorse a grant application for the study of a regional bike and pedestrian trail network connecting North Andover to neighboring communities and the Transportation, Community, and System Preservation Program Grant. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to endorse the grant application for the study of a regional bike/pedestrian network. TOWN MANAGER'S REPORT: • The Department of Revenue notified the Town of receiving $55,532 in FY07 from the Commonwealth Sewer Rate Relief Fund. • Selectmen Licciardello, Smedile and the Town Manager attended a meeting of the Suburban Coalition on April 2, 2007, where the main subject of discussion was trying to increase state aid. • Curt Bellavance and the Town Manager visited a North Andover Company Aurora Imaging last week. This medical device company makes the only MRI imaging device that can accurately screen for breast cancer and is poised for a major expansion in the near future. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:15 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board