Loading...
HomeMy WebLinkAbout2007-02-26 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES February 26, 2007 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 Daniel Lanen, to move into Executive Session to discuss Real Estate Matters and Collective Bargaining. Vote approved 5-0-0. 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 Daniel Lanen, to approve the following Minutes: Executive Session January 29, 2007, Executive Session and Open Session February 5, 2007. Vote approved 5-0-0. James Xenakis made a MOTION, seconded by Daniel Lanen, to approve the Executive Session Minutes of January 22, 2007. Vote approved 4-0-1. Mark Caggiano abstained COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Appointments The Town Manager recommended appointing Timothy R. Seibert as an associate member of the Planning Board. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Town Manager's recommendation of appointing Timothy R. Seibert as an associate member of the Planning Board. Vote approved 5-0. The Selectmen's Appointment Subcommittee is recommending that Denise L. McManus be appointed to the Cultural Council. Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Board's subcommittee recommendation of Denise L. McManus be appointed to the Cultural Council. Vote approved 5-0. Selectman Smedile mentioned that North Andover was a feature article in the North Shore Magazine. Selectman Smedile said despite the financial problems at the schools she gave kudos to the North Andover High Seniors that were accepted into prestigious colleges around the country. Historical Commission: Proposed Demolition Delay Bylaw Kathy Szyska, Chair of the North Andover Historical Commission appeared before the Board to discuss their proposed Demolition Delay Bylaw. The bylaw is enacted for the purpose of preserving and protecting significant buildings within the Town, which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the town and to limit the detrimental effect of demolition on the character of the town. The Board suggested that a building be seventy-five years or older rather than fifty years old as stated in template. The Historical Commission would be putting this Article on the Warrant for the Annual Town Meeting. Board of Selectmen Minutes February 26, 2007 2 North Andover School Committee: FY08 Operating Budget Chair of the School Committee Alfred Perry presented an overview of the FY08 School Budget. Highlighted was the Historical budget, budget summary, K-12 Enrollment comparison of teachers to students at the High School and Middle School, Total Base Budget, Budget Goals and Objectives, Performance Indicators, Curriculum Priorities, Essential Needs, Elementary Base Budget, Elementary Restoration Budget, NAMS Base Budget, NAMS Restoration Budget, NAHS Base Budget, NAHs Restoration Budget, Special Education Base Budget, Special Education Restoration Budget, FY05 per Pupil Expenditures. The Finance Committee will be holding a Public Hearing on the FY08 Budget on March 7, 2007 at 6:30 PM. Voter Registration Information Town Clerk Joyce Bradshaw said the last day to register to vote in the Town election on March 27, 2007 is March 7, 2007. Last day to register to vote at Town Meeting on May 14, 2007 is April 24, 2007. Communication/Cooperation Proposal with Town of Andover Mark Rees Town Manager said that the Town of Andover has invited the North Andover Selectmen to a get together to discuss cooperative proposal. The Board asked the Town Manager to research when was the last time the towns met for preamble. CONSENT ITEMS: American Lung Association request to use Town roads James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the request by Paul Curley of the American Lung Association to use town roads for a fundraiser bike race in June subject to the recommendations of the Police and Fire Departments. Vote approved 5-0. Request to fill two vacancies In accordance with the Board of Selectmen's policy, approval was requested to advertise and recruit to fill two positions; an electrician position in the Water and Sewer Enterprise Fund and an IT Systems Support Analyst in the MIS Department. Both positions exist, budgeted positions and are critical to continued operations to these two departments. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the request to advertise and recruit to fill two positions. Vote approved 5-0. Paul Boulanger request permission to tap town owned maple trees James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the request by Paul Boulanger of Turtle Lane Maple Farm to tap and harvest maple sap from maple trees located on town property. Vote approved 5-0. Acceptance of Donation Fire Chief Dolan requested that the Board vote to accept a donation of$5,000 from Wheelabrator-North Andover, Inc. to be used towards the purchase of a replacement thermal imaging camera. James Xenakis made a MOTION, seconded by Rosemary Smedile, to accept the donation of$5,000 from Wheelabrator to be used toward the purchase of a replacement thermal imaging camera. Vote approved 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Public Hearing on License Application Request: Stevens Estate/Town of North Andover The Board is asked to approve a liquor and entertainment license for the Town of North Andover at the Stevens Estate. The Commonwealth of MA enacted legislation authorizing the Town of North Andover to hold a license for the sale of all alcoholic beverages to be drunk on the premises of the Stevens Estate, 723 Osgood Street, North Andover, MA Board of Selectmen Minutes February 26, 2007 3 Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the act of legislation. Vote approved 5-0. Decision to conduct violation hearing: Beijing Restaurant Licensing Chairman Mark Caggiano requested the Board consider expanding the charges the Board is investigating that occurred on December 15, 2006, to include an incident on January 18, where a patron was put into protective custody. Selectmen said that the Licensing Commission has to be consistent with all liquor license holders and in the past have been too lenient with other establishments, which have had similar incidents. The Board's responsibility is to enforce the law of license holders. With additional information brought forward and after a lengthy discussion among the board members with Police Chief Stanley, it was decided to call for a formal violation public hearing for the Beijing Restaurant including incident of January 18, 2007 Thomas Licciardello made a MOTION, seconded by Rosemary Smedile to include 3rd incident of January 18, 2007, in a formal violation Public Hearing of Beijing Restaurant on March 19, 2007. Vote approved 3-1-1. Daniel Lanen abstained. Selectman Smedile suggested having a plan or policy on future violation hearings and put together a protocol of how these incidents get reported. Decision to conduct violation hearing: Camelot Building Association, Inc Licensing Chairman Mark Caggiano asked the Board to discuss whether to have a public hearing against the Camelot Building Association, Inc. because of an alleged discrimination complaint on the basis of race/ethnicity regarding the use of the licensed facility. Mrs. Martha Rivera has reported a discrimination complaint against the Camelot when she tried to rent the facility for a Spanish sweet 16-birthday party and denied as to the availability of the facility because of the nature of the party. Attorney Robert Kelly representing the Camelot denied any allegations of discrimination and explained that the club has at least six Hispanic parties scheduled over the next few months. It seems to be a miscommunication on both parties about the date of the function. Attorney Kelly would provide documents with Mrs. Rivera and hope that this can be settled without a hearing. If there is a degree of discrimination then this will be brought back before the Board. James Xenakis made a MOTION, seconded by Rosemary Smedile, to TABLE a formal hearing for the Camelot Building Association. Vote approved 5-0-0. Thomas Licciardello made a MOTION, seconded by James Xenakis, to move out of Licensing. Vote approved 5-0. PUBLIC HEARINGS: Dog Viciousness Hearing Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to open a Public Hearing on Dog Viciousness. Vote approved 5-0. Arlene Tarantino requested a hearing before the Board of Selectmen to determine if it was appropriate for the Board to issue an order concerning the restraint or disposal of a dog. A neighbor's dog bit Mrs.Tarantino at 5:15 p.m. on January 11, 2007, in front of her home on Lacy Street. She has filed a complaint to the Town and a police report was filed. Neighbors Diane McGarvey and Heidi Moran came forward to testify about the viciousness of the dog and asked the Town to intervene and help rid this dog in the neighborhood because many neighbors have small children and are afraid the dog would attack and hurt a child. Board of Selectmen Minutes February 26, 2007 4 Carol St. James and Greg Praetz said that the dog is always leashed and the facts have been embellished and tried to resolve this by apologizing to Mrs. Tarantino. Officer Thomas Driscoll and Animal Control Officer Susan Northam gave accounts of what events happened and procedures that followed. James Xenakis made a MOTION, seconded by Mark Caggiano, to close the public hearing. Vote approved 5-0. The Board asked to see all records and gather professional information on this dog owned by Carol St. James from the Andover Animal Hospital as to whether this animal is dangerous. Mark Caggiano made a MOTION, seconded by James Xenakis, that the dog remains outside of North Andover by owners until further notice. In the spring, owner should install a fence and dog must be constantly leashed and muzzled when taken outside. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to place an Amendment to the Bylaw on the Warrant for Annual Town Meeting. Vote approved 5-0. OLD BUSINESS: March 27, 2007 Election Warrant Joyce Bradshaw Town Clerk requested the Board to sign the Warrant for the March 27, 2007, Town Election. NEW BUSINESS: Preparation for Annual Town Meeting Vote to place articles on the warrant for the May 14, 2007, Annual Town Meeting The Town Manager requested the Board to vote to place on the draft warrant the various articles. The Board is not voting to support, or not support, these articles at this time, only to place them on the warrant. The Town Manager said that article E and N should be taken out and to add 00, PP, and QQ. James Xenakis made a MOTION, seconded by Rosemary Smedile, to adopt the Articles presented to be placed on draft warrant with the following exceptions. Delete "E", Delete "N", add "00", add "PP", add "QQ". Vote approved 5-0. Daniel Lanen opposed placing article "II" on the warrant. Vote approved 4-1. Vote on FY08 General Fund Budget The Town Manager requested the Board to vote on the FY08 Operating Budget and submit it to the Finance Committee. James Xenakis made a MOTION, seconded by Rosemary Smedile, to adopt the FY08 Operating Budget and forward to the Finance Committee with the right to make revisions as additional information comes forward. Vote approved 5-0. Traffic Signalization Warrant The developer of the new gas station/convenience store on Rt. 125 across from 1600 Osgood Street requested the Town enter into an agreement with Mass Highway to alter the current traffic lights at that location to facilitate access to the new business. It is recommended that the Board authorize the Town Manager to sign these agreements on behalf of the Board subject to work not commencing until the performance bonds and insurance certificates are in place. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to authorize the Town Manager to sign agreements with Mass Highway to alter the current traffic lights on Rt. 125. Vote approved 5-0. FY08 Town Manager Recommended Enterprise Fund Budgets This item was TABLED until the next scheduled meeting. Board of Selectmen Minutes February 26, 2007 5 Daniel Lanen recused from the meeting. Procedure to fill two police officer vacancies Ray Santilli Assistant Town Manager asked the Board how they would like to proceed with the process and how many candidates they would like to interview after receiving an updated background summary from the Police Department to fill the two police officer vacancies. The Board decided to interview the first five candidates based on their placement and results of the original civil service test. James Xenakis made a MOTION, seconded by Mark Caggiano, to interview the first five candidates based on their placement and results of the original civil service test. Vote approved 4-0-1. Daniel Lanen returned to the meeting. Review of Municipal Partnership Act Governor Deval Patrick's "Municipal Partnership Act" proposed a series of changes to state laws that would have an impact on municipal operations. The Massachusetts Municipal Association sent a summary of those changes. One of the changes would allow municipalities to join the state's Group Insurance Commission (GIC)for employee health insurance. After review of the material, the Board may want to express its opinion on the proposed changes to our state legislators. TOWN MANAGER'S REPORT: The Finance Committee has scheduled its public hearing on the FY08 budget for Wednesday, February 7th beginning at 6:30 PM at the Board of Selectmen Meeting Room. The Library Trustees informed the Town Manager that the Library original Anne Bradstreet manuscripts currently kept in protected storage at Harvard University, will be placed on display at the Robert Lehman Art Center at the Brooks School from May 7, 2007 to May 18, 2007, as part of the library's 100 year celebration. On Wednesday, February 21, 2007, the Town Manager met with representatives of the Edgewood Retirement Center to review expansion plans at their facility. The plan contemplates adding 21 single and detached 2 bedroom cottages and expanding the medical facilities portion of the complex. The proposal is currently before the Technical Review Committee and will be presented to the various land use boards in the near future. On Friday, February 16, 2007, Community Development Director Curt Bellavance, Town Planner Lincoln Daley and the Town Manager met with the newly appointed Executive Director of the Merrimack Valley Planning Commission Dennis DiZoglio to review current and future projects. ADJOURNMENT: Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 11: 30 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board