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Home My WebLink About2007-11-19 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 19, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: James Xenakis, Chairman; Thomas Licciardello; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining and Potential Litigation. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas Licciardello yes; James Xenakis yes. Vote approved 5-0. APPROVAL OF MINUTES: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the minutes of October 22, 2007, Executive Session. Vote approved 4-0-1. Daniel Lanen abstained. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the minutes of November 8, 2007, 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition The Board of Selectmen presented a Certificate of Recognition to Kodai Flow Research, LLC for locating their business in North Andover. CONSENT ITEMS: Approval of Designer: Stevens Pond Pavilion The Designer Selection Committee interviewed three firms that issued proposals to replace the current building at Stevens Pond. The Committee unanimously recommended hiring the firm of Kang Associates Inc. of Sudbury, MA. The Board was requested to approve the selection. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the recommended firm of Kang Associates, Inc of Sudbury, MA for the building project at Stevens Pond. Vote approved 5-0. LICENSING COMMISSIONERS: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Determination to Conduct Alcoholic Beverages Public Hearing Beijing Restaurant Millennium Eatery. Licensing Chairman Caggiano said that due to the unavailability of Attorney Al Manzi III, this hearing has been postponed until the Board's next meeting on December 3, 2007. Approval of revised Alcoholic Beverages Rules and Regulations Licensing Chairman Caggiano said the following recommended changes were taken into consideration and should be discussed and then the Board should accept or reject these recommendations. On Page 3, Section 17, Re: Employee Training and TIPS Certification Selectman Xenakis objected to the retraining of employees every three years because of the outdated program being presented by TIPS. Board of Selectmen Meeting November 19, 2007 2 Rosemary Smedile and Thomas Licciardello said that all employees should be retrained in some sort of a program every three years for recertification and tried to seek a better program if it is available. Large chains such as the "99 Restaurants" have instituted their own TIPS program. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approved adding the following clause, "All employees are required to be recertified every three years through an approved program. Vote approved 4-1. James Xenakis opposed On Page, 7-8, Section 31, Re: Scheduling of Public Hearings: Rosemary Smedile made a MOTION, seconded by James Xenakis, to add the phrase: "if at any hearing a licensee is charged with serving or selling alcoholic beverages to a person under twenty-one years of age, written notice of said allegation shall be sent to the parents or guardians of such person pursuant to MGL, Chapter 138, Section 64". Vote approved 5-0. On Page 8, Section 32, Re: Violations: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to add the phrase: " or such dates to be determined by the board". Vote approved 5-0. On Page 8, Section 32, Re: Violations: Daniel Lanen made a MOTION, seconded by Thomas Licciardello, to add the sub-section "h"the percentage of total revenue the licensee received from the sale of alcoholic beverages". Vote approved 5-0. On Page 10, Section 9, Re: Serving Containers: To delete this section in its entirety...No alcoholic beverages shall be served in a container or glass in excess of sixteen fluid ounces. James Xenakis made a MOTION, seconded by Daniel Lanen, to delete this section in its entirety. "No alcoholic beverages shall be served in a container or glass in excess of sixteen fluid ounces. Vote approved 4-1. Mark Caggiano opposed. On Page 10, Section 11, Re: Service of Alcoholic Beverages Limited: "To delete the first sentence and the second sentence or both in this section", "No more than one alcoholic beverage drink shall be served to a patron at one time. No patron shall be served a fourth alcoholic beverage drink without the prior approval of the manager." James Xenakis made a MOTION, seconded by Daniel Lanen, to delete the first sentence of"no more than one alcoholic beverage drink shall be served to a patron at one time"; and revise the second sentence to say, "No patron shall be served a fourth alcoholic beverage drink without the prior approval of the manager or an alternate". Vote approved 5-0. On Page 11, Section C, 2. Applies to Retail Package Store Licenses Consumption on Premises Prohibited: Delete the word "Free"from the following sentence: No alcoholic beverages shall be sold to be drunk on the premises. However, this section shall not prohibit a licensee from offering (free)tastings as permitted by law or by regulation of the ABCC. James Xenakis made a MOTION, seconded by Thomas Licciardello, to delete the word "free"from the sentence. Vote approved 5-0. Board of Selectmen Meeting November 19, 2007 3 Licensing Chairman Caggiano asked the Board of Adopt the "Alcoholic Beverages Rules and Regulations Policy" as amended. James Xenakis made a MOTION, seconded by Thomas Licciardello, to adopt the "Alcoholic Beverages Rules and Regulations Policy" as amended. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Proposed Algonquin Gas Compression Station The deadline for submitting written comments to the Federal Energy Regulatory Commission (FERC) is November 21, 2007. Special Counsel Jonathan Klaven prepared a draft submission. The Board made comments and wanted additional text inserted in the letter to FERC. Selectman Caggiano said that the 1600 Osgood Street site is not a really good idea either and wanted that site deleted from the letter, because the town of North Andover is already overburdened by regional facilities. State Representative David Torrisi said he attended the Public Hearing. The owners of 1600 Osgood Street wanted to be considered as an alternative site. This would be a benefit to the industrial part of their facility. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, approving the amended letter language and giving James Xenakis, Chair of the Board authorization to send a letter to FERC with the Town's concerns regarding the Boxford site for the Algonquin Gas Compression Station. Vote approved 5-0. NEW BUSINESS: Winter Parking Ban The winter parking ban has been revised to make it clear that parking on the sidewalks is not allowed. The Police and Fire Departments are very concerned about the practice of parking on sidewalks and the danger for pedestrians when forced to walk on the street. Selectmen Smedile and Lanen said that people have parked partially on the sidewalks for years because many downtown streets are two narrow to allow emergency vehicles to pass through. Chairman Xenakis said that the Board should approve the existing policy as stated and not enforce it if the Police Department sees that there is a street or road that is over burdened by this problem. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the parking ban policy as amended and keeping in mind that there will be future exceptions made by discretion as identified by the Police Chief. Vote approved 5-0. Handicap Parking Space Request, 13 Maple Avenue Residents James and Stacie Selfridge requested a Handicap Parking sign in front of their home for their daughter's bus for pickup and drop off from school. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approve a Handicap Parking sign in front of 13 Maple Street. Vote approved 5-0. School/Municipal Consolidation Proposal School Superintendent James Marini and the Town Manager Mark Rees are proposing the consolidation of certain similar services to maximize efficiencies and possible cost savings for the town. The Budget Communications Group has endorsed this plan and it is now being brought before the Board of Selectmen and the School Committee at their next meeting for adoption. Approvals by the Boards would direct staff to move forward with this major undertaking with implementation to take place in FY09. Board of Selectmen Meeting November 19, 2007 4 Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the proposal of the consolidation of town services so that the Town Manager could move forward with a plan. Vote approved 5-0. TOWN MANAGER'S REPORT: Representative Torrisi's office informed the town that the legislation the town requested removing the Fire Chief and the Police Chief positions from civil service passed the legislature and was signed by the Governor. The town has begun the process of preparing a request for proposals to hire a consultant to assist the town in conducting an assessment center for the permanent Fire Chief position. The Department of Public Works has informed the Town Manager that the flood and drainage control work along Mosquito Brook has been substantially completed. While this work will not eliminate the possibility of continued flooding along this brook, it should go a long way toward mitigating the flooding. The Department of Housing and Community Development has approved the town's smart growth application and that the town is eligible for the $600,000 initial grant. The grant award requires that the town designate a "Smart Growth Reporting Officer" and a "Municipal Official" responsible for filing an Annual update. The Town Manager recommended appointing Community Development Director Curt Bellavance to fill both of those roles. On November 15, 2007, Police Officers Jarred J. Lawler and Brendan J. Gallagher graduated from the Lowell Police Academy. The Town Manager requested that the Board change their December meeting date of December 17th to December 10th for a Tax Classification Public Hearing. Mark Caggiano made a MOTION, seconded by Thomas Licciardello to change the meeting date to December 10, 2007. Vote approved 5-0. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 9:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board