HomeMy WebLinkAbout2007-06-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 25, 2007
CALL TO ORDER: Thomas Licciardello called the meeting to order at 7:03 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.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Minutes of May 29, 2007,
Open Session as written and June 11, 2007, Open Minutes and Executive Minutes as written. Vote approved
4-1. Daniel Lanen opposed Minutes from Open Session June 11, 2007 and Daniel Lanen abstained from
voting on Executive Session Minutes June 11, 2007. Vote approved 4-0-1.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Greater Lawrence Community Action Council (GLCAC)Annual Contribution for Summer Concerts
Philip F. Laverriere, Sr., Executive Director of the GLCAC presented an annual contribution of$1,000 to be
used to support the Town's summer concert/children shows program in memory of Bill McEvoy who was a
long-time member of the GLCAC Board of Directors.
Mark Caggiano made a MOTION, seconded by James Xenakis, to accept the $1,000 donation from the
GLCAC and send a letter of thanks. Vote approved 5-0.
Appointment—Town Accountant
The Town Manager said Town statute and charter states the position of Town Accountant be appointed by the
Board of Selectmen. Lyne Savage's current appointment expires on June 30, 2007, and it is recommended
that she be reappointed for a five-year term.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to re-appoint Lyne Savage as Town
Accountant for a term of up to five (5) years. Vote approved 5-0.
MVPC Metropolitan Planning Organization
The Town Manager recommended that Director of Community Development Curt Bellavance serve as the
Town's representative on this board.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to appoint Curt Bellavance to serve as the
Town's representative on the MVPC Board. Vote approved 5-0.
Town Manager's Appointments
The Town Manager requested that the Board approve his Appointments to the following Boards.
Board of Assessors Minnicucci, David 1 year June 30,2008
Board of Assessors Jones, Ernest 1 year June 30,2008
Board of Assessors Barker, George 1 year June 30,2008
Industrial Dev. Finance Auth. Schruender,George 5 years June 30,2012
Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Town Manager's
appointments. Vote approved 5-0.
Board of Selectmen Minutes June 25, 2007 2
Board of Selectmen Appointments
The Board's Subcommittee on Appointments (Selectmen Licciardello and Smedile) interviewed and
recommended the following for various town boards.
Cable TV Committee Ippolito, Thomas D. 3 years June 30,2010
Cable TV Committee Fundeklian, Arthur 3 years June 30,2010
Commission on Disability Issues Pierro Savary, Brenda 3 years June 30,2010
Community Preservation Committee Wakeman, Brad 3 years June 30,2010
Council on Aging Poirier, Elizabeth A. 3 years June 30,2010
Council on Aging Cole, Priscilla 3 years June 30,2010
Council on Aging Callahan, William P. 3 years June 30,2010
Council on Aging Shaheen, Margaret V. 3 years June 30,2010
Cultural Council Wolstromer, Bonnie 3 years June 30,2010
Emergency Management Agency Coco, John J. 1 year June 30,2008
Emergency Management Agency Stanley, Richard M. 1 year June 30,2008
Emergency Management Agency Savastano, John 1 year June 30,2008
Emergency Management Agency Dolan, William V. 1 year June 30,2008
Emergency Management Agency Hastings, William 1 year June 30,2008
Emergency Management Agency Shaughnessy, Richard T. 1 year June 30,2008
Emergency Management Agency Scanlon, Robert 1 year June 30,2008
Emergency Management Agency Boettcher, Richard C. 1 year June 30,2008
Emergency Mgmt.-Communicator McDonald, Timothy 1 year June 30,2008
Emergency Mgmt.-Communicator Hastings, William 1 year June 30,2008
Emergency Mgmt.-Communicator Tessler, Steven 1 year June 30,2008
Emergency Mgmt.-Auxiliary/Sp. Police Boettcher, Richard 1 year June 30,2008
Emergency Mgmt.-Auxiliary/Sp. Police Laurendeau, Gary A. 1 year June 30,2008
Emergency Mgmt.-Auxiliary/Sp. Police Morava, Brett 1 year June 30,2008
Emergency Management Agency Renner, Melynda 1 year June 30,2008
Emergency Management Agency Lincoln, Connor 1 year June 30,2008
Emergency Management Agency Langlois, Carl 1 year June 30,2008
Emergency Management Agency Albrecht, Robert 1 year June 30,2008
Emergency Management Agency Hamel, Neil 1 year June 30,2008
Board of Selectmen Minutes June 25, 2007 3
Emergency Management Agency Martineau, William P. 1 year June 30,2008
Festival Committee Heafey, Joan 1 year June 30,2008
Festival Committee Pelletier, Philip 1 year June 30,2008
Festival Committee Coco, Sharon 1 year June 30,2008
Festival Committee Nadeau, Elisabeth 1 year June 30,2008
Festival Committee Connolly, James 1 year June 30,2008
Festival Committee Hamel, Neil 1 year June 30,2008
Festival Committee Murphy, William 1 year June 30,2008
Festival Committee Salisbury, Martha 1 year June 30,2008
Festival Committee Soucy, Fred 1 year June 30,2008
Festival Committee Pazzanesse, Pristene 1 year June 30,2008
Festival Committee Nolin, Dorothy 1 year June 30,2008
Festival Committee Fazio, James 1 year June 30,2008
Festival Committee Koenig, Gen 1 year June 30,2008
Festival Committee Coco, Jeff 1 year June 30,2008
Festival Committee Poirier, Pamela 1 year June 30,2008
Festival Committee Dawson, Cathy 1 year June 30,2008
Festival Committee Pybus, Timothy 1 year June 30,2008
Festival Committee Pristash, Leanna 1 year June 30,2008
Festival Committee Lacola, Pam 1 year June 30,2008
Festival Committee McCoul, Kelley 1 year June 30,2008
Historical Commission Ericson, Anne 3 years June 30,2010
Municipal Hearing Officer Dolan, William-
Old Center Historic District Comm. Hopkins, Leslie 3 years June 30,2010
Old Center Historic District Comm. Szyska, Kathleen 3 years June 30,2010
Recreation Council Heafey, Joan 3 years June 30,2010
Recreation Council Pybus, Barbara 3 years June 30,2010
Recreation Council Ippolito, Thomas D. 3 years June 30,2010
Registrars of Voters, Board of Crouch, Carrie 3 years June 30,2010
Solid Waste Advisory Committee Daly,Steven 3 years June 30,2010
Board of Selectmen Minutes June 25, 2007 4
Stevens Estate-Board of Trustees Willoe, Kevin 3 years June 30,2010
Stevens Estate-Board of Trustees McGarry, John 3 years June 30,2010
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to appoint the recommended people to
serve of the Town's various boards. Vote approved 5-0.
Passport Update
Town Clerk Joyce Bradshaw gave an updated report regarding applying for passports due to the new traveling
rules set by the government. There is a 12-14 week backlog on passports from time of applications.
Bradshaw announced to allow yourself plenty of time if you plan on traveling outside the United States.
May 2007 Financial Reports
Town Accountant Lyne Savage gave a Budget Status Financial Report for period ending May 31, 2007.
Revenues collections are running at 94.34% although some of the revenues are running below the target
percentage, (Motor Vehicle Excise, Building, Plumbing and Electrical Inspections) the revenue surplus in other
line items are more than enough to cover any potential revenue deficits.
Several accounts had shortfalls but have been addressed at the May 2007 Annual Town Meeting. The Fire
Department had an emergency repair to one of their fire trucks and the Town Clerk's office needed funds to
cover expenses for the special election. These expenditures would be absorbed within the existing budget
surplus. Presently as an aggregate the expenditures are running at 86.5%, which is below the target
percentage of 92%.
Sewer revenue collections are at 98.2%, with expenditures only at 75.6%, Water revenue collections are at
83.5% with expenditure at 70.6%.
Stevens Estate revenue collections are running at 95.9% with expenditures at 82%.
CONSENT ITEMS:
Bond Anticipation Note
The Board was requested to approve $1,830,000 in BAN financing for the Town's Capital Improvement Plan.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the BAN financing in the
amount of$1,830,000. Vote approved 5-0.
Acceptance of Donations for Summer Concerts/Children Shows
The Board of Selectmen was asked to accept donations for summer concerts and children shows from the
following businesses. Ashland Farms at North Andover$25.00, National Grid $100.00, North Andover Booster
Club $500.00, River Bank$250.00, St. Michael's Parish $400.00.
James Xenakis made a MOTION, seconded by Mark Caggiano, to accept the donations.
Vote approved 5-0.
Permission to fill Vacancies
In accordance with the policy of the Board of Selectmen, subsequent to last week's successful override vote
passage, permission was requested to fill the following budgeted vacancies: Program Manager, Elder
Services, Social Program Coordinator, Youth Services, Assistant Director, Stevens Memorial Library, Staff
Engineer, Public Works, Police Officer, Police Department.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, approval to fill the vacancies. Vote
approved 4-0-1. Daniel Lanen abstained.
Board of Selectmen Minutes June 25, 2007 5
Use of Fields Policy: Melinda Coppa
Melinda Coppa of Lacy Street requested the Board establish a policy to close all Town/School owned fields
and end after-school activities at 5:30-6:00 p.m. on the night of Annual Town Meeting. Coppa said it makes it
very difficult for parents to attend Annual Town Meeting when children have Soccer tryouts, Lacrosse games,
Little League Baseball and other such events scheduled until 7:30 p.m.
Youth Center Director Rick Gorman who is chair of the Fields Committee said that his group is against having
a mandate from the Town to close the fields. All of these sports have a limited window of playtime because of
weather. The Committee would like to continue to work with members of the Board of Selectmen and Finance
Committee and know well in advance to possibly adjust the schedules.
Mark Caggiano made a MOTION, seconded by James Xenakis, that a policy be established that on the first
regular night of Annual Town Meeting that the Town field usage, under the control of the Selectmen, has to
end at 6:00 p.m.
James Xenakis Amended the MOTION, seconded by Mark Caggiano, the board adopts a policy that all fields
should close on the first night of Annual Town Meeting at 6:00 p.m. with the invitation to anyone who wishes to
make a case for an exemption or change in that policy to bring their issue before the Board.
Vote approved 5-0.
Town Clerk Joyce Bradshaw requested that there would not be any scheduled events at the Polling locations
that would conflict with the voting on election days.
LICENSING COMMISSIONERS:
James Xenakis made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved
5-0.
Common Victualler License
Stephen and Margaret Reppucci owners of Mad Maggie's Ice Cream, 1025 Osgood Street applied for a
Common Victualler License to sell ice cream, soups, panini sandwiches, coffee and soda.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the Common Victualler
License to Stephen and Margaret Reppucci of Mad Maggie's Ice Cream. Vote approved 5-0.
Note: Daniel Lanen recused from the public hearing.
LICENSING VIOLATION PUBLIC HEARING CAMELOT BUILDING ASSOC, INC:
Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to open the Licensing Violation Public
Hearing. Vote approved 4-0.
Chairman Caggiano announced the public hearing was opened and read the violation notice sent to the
License holder Camelot Building Assoc. Inc. "Service to an intoxicated person" in possible violation of M.G.L.
Chapter 138 69—"No alcoholic beverages shall be sold or delivered on any premises licensed under this
chapter to an intoxicated person." The Chair recognized the investigating police officers Daniel G. Cronin and
Officer Donovan. Town Clerk Joyce Bradshaw gave the oath.
Officer Cronin gave testimony of the happenings on the evening of February 27, 2007, in the parking lot of the
Camelot (KOC) parking lot along with Officer Thomas Donovan and Officer Charles Gray saw an intoxicated
man stumble into his vehicle and proceed to drive. The officers knew this man had a prior OUI with a
suspended license and approached him. He showed clues of intoxication and the officers gave him a
Breathalyzer exam about thirty minutes after their encounter.
Officer Thomas Donovan also gave testimony, agreeing with Officer Cronin as to the events on the evening of
February 27, 2007. He stated the intoxicated man couldn't follow instructions and seemed confused during
the sobriety test. He stated that Officer Gray, who was present on the day in question, is specially trained in
drug and alcohol matters and is particularly observant.
Board of Selectmen Minutes June 25, 2007 6
The Licensing Board asked the officers questions as did Attorney Robert Kelly who represented the License
Holder.
The License Holder Camelot Manager, Harold Johnson said he received notice of the Licensing Violation
Hearing. He was on the premises on the night of February 27, 2007, but did not observed the incident. There
were two bartenders on duty at different times that evening within the hours of 5:45—8:18 p.m. The customer
was served 6 or 7 "long neck" beers. This was observed on a video surveillance camera taped by the
management. The management said that the license holder has always been very cooperative with the town.
Mr. Johnson also said that TIPS Certification has provided the establishment with a chart, which is posted on
the wall pertaining to how many drinks a person can consume per hour determined by a person's weight. This
chart suggested that the patron was served enough alcohol to exceed the legal limit.
Attorney Robert Kelly said that a year ago this establishment was before the Board on a charge for serving a
minor. There was an imposition of a penalty of a three-day suspension based upon a finding that a female
under the age of 21 was served alcohol in the premises. In the course of this investigation and after the
hearing, the Police Department determined that the license holder did not do anything wrong or improper in
this prior incident because the female had presented a valid MA identification obtained by the under aged
woman, which license was scanned through and accepted by the establishment's ID system.
The License Holder requested that the Board consider treating this new incident as a first offense, since the
suspension previously imposed not correctly decided under the new information presented.
Former Licensing Chairman Donald Stewart, 52 Prospect Street, was present at the hearing and said that at
the time of the previous imposition the License Holder lost his license for three days of business.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to close the Public Hearing. Vote
approved 4-0.
Selectman Xenakis requested that the Board receive a letter from Lt. Gallagher, the investigating officer of the
previous incident on December 31, 2005, stating that after his investigation, the suspension should not have
been imposed. Xenakis also requested that the Board contact ABCC about a legal definition of intoxication
and what the limitation is and have a continuation of this hearing at the boards' next meeting.
Chairman Caggiano suggested continuing the hearing and requesting the presence of Lt. Gallagher.
Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, that in light of the testimony of the
current hearing, the prior violation on December 31, 2005, was an improper determination and that it should
not reflect as a violation of the license holder. Vote approved 3-0-2. James Xenakis abstained. Thomas
Licciardello made a MOTION, seconded by Rosemary Smedile, that in regard to the notice that was sent to
the license holder alcohol was in fact served to an intoxicated person. Vote approved 4-0.
Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, that punishment for last year be
applied to this violation. No vote. Chairman Caggiano said the violation was a serious offense and suggested
there should be a penalty of a suspension of license for a consecutive seven days.
James Xenakis Amended the MOTION, seconded by Rosemary Smedile, saying that if the license holder is
without violation for the next six months from this date,the existing three-day suspension would be credited
and an additional three-day suspension would be held in abeyance until such time as the six-month period is
over. Any violation in that time would trigger the suspension for a consecutive Monday through Wednesday
period to be determined by the board. Also, the board directed that food must be served at all times while
alcohol is being served. Vote approved 4-0.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved.
4-0.
Note: Daniel Lanen returned to the meeting.
Board of Selectmen Minutes June 25, 2007 7
PUBLIC HEARING
National Grid Pole Petition Public Hearing
David Bouchet representative of National Grid requested installation of 1 solely owned pole#31 at 315 South
Bradford Street, plan #2352364.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the requested National Grid
pole petition plan #2352364. Vote approved 5-0.
OLD BUSINESS:
News Rack Bylaw Implementation
No Action on this item.
Inter-municipal Agreement—Town of Middleton and Nomid Trust
After several years of votes and negotiations, the inter-municipal agreement between the Town's of North
Andover and Middleton have been finalized and are ready for the Board's approval and signature. However, a
concern was raised regarding the possible transfer of water to abutters to the Nomid property. This matter is
being worked out with the Towns attorneys.
Mark Caggiano made a MOTION, seconded by James Xenakis, the board would sign the inter-municipal
agreement upon adding the following: "The water supplied by North Andover pursuant to this Agreement is for
the sole purpose of being used and consumed on the Property which is the subject of this Agreement.
Notwithstanding anything to the contrary contained herein, NOMID and its successors and assigns are
explicitly prohibited from transferring, conveying or selling said water to any other location, property or entity."
Vote approved 5-0.
Prevailing Wage Law, Legislator's Response
The Board sent a letter to our legislative delegation requesting some form of relief from the Commonwealth's
prevailing wage statute. Senator Steven Baddour and Representative David Torrisi responded suggesting that
the Board request Town Meeting to submit a home rule petition to address this matter in North Andover.
James Xenakis made a MOTION, seconded by Mark Caggiano, to draft a Warrant Article to discuss a home
rule petition to address the Prevailing Wage statute at Town Meeting. Vote 5-0.
Board of Selectmen Meeting Schedule, 2nd half of 2007
The Town Manager asked the Board to review the forthcoming schedule and make any changes if necessary.
James Xenakis made a MOTION, seconded by Mark Caggiano, to make one change to omit the meeting on
July 9, 2007. Vote approved 5-0.
NEW BUSINESS:
Proposed Revision to Capital Improvement Plan
The School Committee expressed their need for additional classroom space. In an effort to address that
situation, the Town Manger reviewed the town's Capital Improvement Plan (CIP) and is proposing an
amendment to the CIP that would provide $4 million dollars in funding for the construction of additional
classroom space. Under this proposal, the construction would be financed by $1,330,000 in unspent capital
funds originally allocated from the Foster Farm School Project, $600,000 from the 40R incentive payment from
the Commonwealth and the balance of$2,070,000 with a 20-year general obligation bond. The Town
Manager asked the Board of endorse this revised plan so that he could begin the review process with the
Finance Committee and the School Committee.
James Xenakis made a MOTION, seconded by Mark Caggiano, to endorse the revised Amended CIP Plan
and begin the review process with the Finance Committee and the School Committee. Vote approved 5-0.
Board of Selectmen Minutes June 25, 2007 8
Non-Union Salary Range Adjustment
Assistant Town Manager Ray Santilli said the last time adjustments were made to non-union salary ranges
were made in early 2005. The Board was asked to update the adjusted salary ranges based on the last two
year's consumer price indexes CPI.
Mark Caggiano made a MOTION, seconded by James Xenakis, to recalculate the salary range to include
keeping the lowest amount to include a 2.5% increase and raising the maximum range to include the +3.97%
and +3.64% increase. Vote approved 5-1, Daniel Lanen opposed.
Reorganization of the Board
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to appoint James Xenakis as Chairman of
the Board. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to appoint Thomas Licciardello as Clerk of
the Board. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to appoint Mark Caggiano as Licensing
Chairman. Vote 5-0.
Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to appoint Daniel Lanen as liaison to
Wireless Referral Committee. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Under the auspices of the Merrimack Valley Planning Commission, a coalition is being formed of regional
mayors to foster cooperation between Merrimack Valley Communities. An invitation has been extended to the
Town Managers of Salisbury, Andover and North Andover to participate in this organization, which the Town
Manger intends to do. They are requesting each community to allocate $5,000 to assist in the coalition's
efforts. I have requested additional information as to how this money would be used.
Meetings were held this past week regarding recent flooding in North Andover. The first coordinated by
Congressman Tierney's office and involved a generalized discussion with impacted residents, an official from
the Army Corp of Engineers and Town public safety personnel. The seconded meeting was with FEMA where
possible grant programs to mitigate future flooding was discussed. Another meeting with residents will be
scheduled in the near future.
Mayor James Fiorentini of Haverhill hosted a meeting on June 20, 2007, to discuss the pending departure of
the Lucent manufacturing facility at 1600 Osgood Commerce Park and subsequent loss of jobs. Since the
decision has not been finalized to close the facility, it was determined that the immediate emphasis should be
on trying to keep the operation going at 1600 Osgood Street rather then workforce training and relocation
issues.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 10:10 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board