HomeMy WebLinkAbout2007-09-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 4, 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:
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to move into Executive Session to
discuss Negotiations with Non-union employees. 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.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
9-11 Memorial Ceremony
Fire Chief William Martineau requested permission to conduct Memorial Activities in Observance of all
who gave their lives on 9-11-2001. Chief Martineau presented an outline of the activities.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the request to assemble
honoring those who perished on 9-11-2001. Vote approved 5-0.
Field's Committee Proposal for new fields
Due to the loss of fields at 1600 Osgood Street, Youth Services Director Rick Gorman, Chairman and
several other members of the committee presented plans to build additional playing fields on Dale Street
near the existing fields. The Town Baseball, Lacrosse, Soccer, and Football leagues would use these
fields for practices and games.
The Committee asked the Board for direction and endorsement on this project to move forward.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to endorse and support the plan for
the new fields. Vote approved 5-0.
Academy Road Improvements
Ms. Karen Kline presented plans to improve the sidewalk for safety issues on Academy Road. Through
the installation of a brick sidewalk on the road with expenses defrayed by private fundraising, Kline would
like to dedicate this path in memory of the words and works of Anne Dudley Bradstreet (1612-1672), one
of the founding mothers of the town.
The Board asked that Assistant Town Manager Ray Santilli find the cost, length, and style of bricks, route
and contact the Historical Society about this project. When all the information was gathered, a full report
would be brought back at a future Selectmen's meeting.
North Andover United Association —Fall Government Forum Proposal
Sandra Gleed, Chairman of the North Andover United Association requested the Board of Selectmen
endorse holding a Fall Government Forum. Gleed requested the Board of Selectmen, the School
Committee and the Finance Committee along with the town's legislative delegation to participate in this
forum, date to be determined sometime in October. Gleed presented an Event Format Agenda with
suggested topics for consideration. Gleed explained that this would give the residents of North Andover
some factual information about the details that impact our budget decisions and setting realistic
expectations about our annual budget.
Board of Selectmen Minutes September 4, 2007 2
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to endorse the Fall Government
Forum. Vote approved 5-0.
Town Manager's Appointment to the Board of Health
The Town Manager Mark Rees asked the Board of approved the appointment of Dr. Frank MacMillan, Jr.
to fill the fifth and final position on the Board of Health. The Selectmen's subcommittee and the BOH
Chairman Dr. Thomas Trowbridge interviewed Dr. MacMillan and recommended his appointment.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, and approved the Town Manager's
appointment of Dr. Frank MacMillan to the Board of Health. Vote approved 5-0.
Board of Selectmen Appointment to the Cultural Council
The Board of Selectmen's appointments subcommittee recommended appointing Karen Kline to the
Cultural Council.
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, and to approved the appointment of
Karen Kline to the Cultural Council. Vote approved 5-0.
Note: Daniel Lanen recused
Town Manager's Appointments to the Police Station Building Committee
The Town Manger Mark Rees asked the Board to approve the following people as members of an ad hoc
committee for the Police Station Building.
Tom Coppa from the Community Preservation Committee
Rosemary Smedile from the Board of Selectmen
Thomas Licciardello from the Board of Selectmen
Robert Hillner, North Andover Police Officer
Richard Stanley, North Andover Police Chief
Sam Ameen, Resident
Muriel Katschker, Resident
There would be two more individuals to serve on the board that will be appointed at the next meeting.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the Town Manager's
appointments to the Police Station Building Committee. Vote 4-0.
Note: Daniel Lanen returned
CONSENT ITEMS:
Acceptance of Donations for Thermal Imaging Camera
Fire Chief Martineau requested the Board's approval of three additional contributions for the Thermal
Imaging Camera from the following businesses:
North Andover Crossroads L.P. $875.00
The Boland Group/Fuddruckers $100.00
Tuscan Market Inc/The Vineyard $ 25.00
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve donations for the Thermal
Imaging Camera. Vote approved 5-0.
Acceptance of revised Festival of Trees Grant
The Library was previously awarded a matching grant from the Festival of Trees organization to be used
for glass doors in the historical room. Due to changing circumstances this work will still be done, but from
a different source of funds. This item requests that the Board re-authorize the use of the grant funds for
the restoration of the Library's front doors and entryway.
Board of Selectmen Minutes September 4, 2007 3
Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to accept and re-authorize the
use of the Festival of Trees grant funds be used for the restoration of the Library's front doors and
entryway. Vote approved 5-0.
Grant Application for Machine Shop Village
Community Development Director Curt Bellavance is seeking the Selectmen's endorsement of a grant
application to fund street improvements in the Machine Shop Village Historical District.
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to endorse the grant application for
Machine Shop Village. Vote approved 5-0.
Thistle Road Utility Easement
The Division of Public Works is requesting acceptance from the Board of a utility easement on Thistle
Road to allow for the construction of a sewer line.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to accept and sign the utility
easement on Thistle Road for the construction of a sewer line. Vote approved 5-0.
Note: Daniel Lanen recused.
OLD BUSINESS:
Police Department Rules and Regulations
At the Board's August 20, 2007, meeting the board was presented with a revised police department rules
and regulations. Under state laws, the Board has 30 days to accept, amend or reject them. The Town
Manager recommended that the Board vote to accept the new rules and regulations.
Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to accept the new Police
Department Rules and Regulations. Vote approved 4-0.
Note: Daniel Lanen returned.
Greenery Project
The Board is aware that Neighborhood of Affordable Housing (NOAH) a non-profit housing organization
recently purchased the Greenery property at 75 Park Street. In the near future there will be considerable
development activity at the Greenery Project and the existing Police Station site as the Police Station is
programmed to relocate to the former Bradstreet School property.
The Town Manger recommends that the Board create a nine-member ad hoc task force of stakeholders
to develop an overall development plan that will insure that the development is done appropriately and
correctly. The Town Manager further recommended that the Task Force consist of nine members as
follows:
• Three neighborhood residents to be appointed by the Chair of the Board of Selectmen
• Two members of the Housing Partnership Committee
• One member of the Planning Board
• One member of the Zoning Board of Appeals
• One member of the Board of Selectmen
• One representative from NOAH
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to setup a nine member ad hoc task
force to review and study potential development scenarios for the Greenery/Police Station parcels and to
report back to the Board within 90 days with recommendations and also send notices to neighbors. Vote
approved 5-0.
Osgood Landing 40B submission
The Zoning Board of Appeals voted to continue the 40B public hearing at their August 14 meeting. They
are asking for clarification from the Board of Selectmen regarding the Development Agreement language.
Board of Selectmen Minutes September 4, 2007 4
Community Development Director Curt Bellavance said that as part of the Development Agreement, the
"Final 40R Approval" referenced, refers to the time in which all State agencies approve the zoning
language, any appeal periods pass, and the Town can officially enact the zoning overlay. At that time the
Town must notify the property owner of the final approval and the owner must, as conditioned in the
agreement, provide the Board of Appeals a written request to withdraw the 40B application without
prejudice.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to give direction to the Zoning Board
of Appeals to continue public hearings until the Attorney General and Department of Housing &
Community Development provide the Town with official notice that"Final 40R Approval" OSGOD 40R
zoning is legal and that any appeal periods have passed. Vote approved 4-0-1. Daniel Lanen abstained.
NEW BUSINESS:
Town Meeting/Budget/Election Calendar(2207-2008
Town Clerk Joyce Bradshaw presented a draft fiscal year 2009 Budget and Annual Town Meeting
Calendar, and Election calendar to the Board for review and adoption. Election of Town Officials is set for
March 25, 2008. The Board of Selectmen were asked to set the date for signing the warrant on March
24, 2008 or March 31, 2008 reflecting the existing or the new Board of Selectmen.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to amend the signing of the Warrant
on March 31, 2008 with the newly elected Board of Selectmen. Vote approved 5-0.
Joyce Bradshaw also gave an overview of the 2010 Local Update of Census Addresses (LUCA) Program.
National Incident Management System (NIMS)
Fire Chief William Martineau presented a schedule of continuing classes for NIMS training for DPW,
Dispatch and Planning Departments. Martineau also asked the Board to adopt NIMS all hazard approach
to emergency management.
Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move to accept and adopt the
NIMS all hazard approach to emergency management. Vote approved 5-0.
Fiber Optic Town/School Network
Information Technology Director Matthew Killen provided an update on the Town/School data (fiber Optic)
network project approved at the annual town meeting. The recommendation from the IT Director and the
Cable Technology Committee is to contract with Comm-Trac for installation of the network for$650,000.
This network, when completed, will greatly enhance the town's ability to communicate via voice, data and
the Internet. The Town Manager's intent is to sign the contract with Comm-Trac to start the process.
Lake Cochichewick Usage Rules and Regulations
Chairman James Xenakis requested that the Board revisit the rules and regulations policy adopted in
2002. Xenakis suggested that the restrictions were too rigid and the Board should make it easier for
residents to enjoy the lake. The primary concern is the physical access to the lake because of too many
guardrails, trees and other obstacles. This will be discussed at a future meeting.
Note: Daniel Lanen recused
Future Police Appointments
Assistant Town Manager Ray Santilli brought forward information that will affect future potential hiring of
police and fire department employees. The U.S. District Court in Bradley vs. the City of Lynn found that
the Massachusetts Civil Service entry-level firefighter examination had a disparate and adverse impact on
Black and Hispanic candidates. As a result of this decision, the Human Resources Division (HRD)
entered into a settlement agreement that addressed the Court's remedial order on this case as well as
pending litigation of entry-level police offer examinations with the same claims. The next time North
Andover requests a certified list to fill a police officer vacancy, HRD will issue a list of minority candidates
from the 2003-2005 examinations. This list will be utilized until one minority candidate is appointed or all
Board of Selectmen Minutes September 4, 2007 5
eligible candidates are disqualified. This is because HRD produced a flawed test; North Andover was not
at fault at any time.
Note: Daniel Lanen returned
TOWN MANAGER'S REPORT:
The Police Chief received a community policing grant funding from the State. In FY07, the department is
slated to receive $117,088, considerably higher than the statewide average of$61,111 per community.
FEMA has reimbursed the Town for the 2007 spring floods in the amount of$44,795.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:50 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Thomas Licciardello, Clerk of the Board