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HomeMy WebLinkAbout2007-02-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES FEBRUARY 5, 2007 CALL TO ORDER: Thomas Licciardello called the meeting to order at 5:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Thomas Licciardello, Chairman; Rosemary Connelly Smedile, James Xenakis; Mark J.T. Caggiano; Ray Santilli, Assistant Town Manager. Note: Daniel Lanen recused and Mark Rees was absent for this session. INTERVIEW OF ACTING POLICE SERGEANT APPLICANTS: The Board interviewed the following police officers: 1. Officer Charles Gray 2. Officer Michael Davis 3. Officer Scott Whittaker 4. Officer Daniel Crevier After the interviews and discussion James Xenakis made a MOTION, seconded by Mark Caggiano, to appoint Officer Charles Gray as Acting Sergeant. Vote approved 4-0-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Officer Michael Davis as Acting Sergeant. Vote 4-0-0. James Xenakis made a MOTION, seconded by Mark Caggiano, to recess at 6:45 PM until 7:00 PM. Vote approved 4-0-0. Note: Daniel Lanen and Mark Rees were present at 7:00 PM. Thomas Licciardello called the meeting to continue at 7:00 PM. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining. Vote approved 5-0. 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 Open Session Minutes and Executive Session Minutes of January 22, 2007. Thomas Licciardello asked to TABLE the Executive Session Minutes of January 22, 2007, until the next meeting to make corrections. James Xenakis AMENDED the MOTION, seconded by Daniel Lanen, to approve the Open Session Minutes of January 22, 2007. Vote approved 4-0-1. Mark Caggiano abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Board of Health Appointment The Legislature has approved the town's special act to expand the membership on the Board of Health from 3 to 5. The Town Manager's recommended appointment is Anne L. Brennan to fill one of the two open slots. The Selectmen's appointment subcommittee is recommending approval also. Board of Selectmen Minutes February 5, 2007 2 Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the appointment of Anne L. Brennan to the Board of Health. Vote approved 5-0. Methuen Festival of Trees Grant Attendees of the Festival were asked to vote for their town or city to receive a matching grant up to $10,000 for a historic restoration project in their community. North Andover received the most votes out of 67 communities for the Festival of Trees Matching Grant Program. The Town Manager requested the Board's permission to solicit proposals from town agencies and submit a plan to the Festival of Trees as to how the town would propose to use the funds. Housing Partnership Committee George Koehler, Chairman of the Housing Partnership Committee recruited some additional members to the group and requested that the Board of Selectmen vote to expand the membership of the Housing Partnership from seven members to eleven with one ex-officio member. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the expansion of membership from seven to eleven members with one ex-officio member to the Housing Partnership Committee. Vote approved 5-0. Note: Daniel Lanen recused from the meeting. CONSENT ITEMS: Request to hire Patrol Officer Police Chief Richard Stanley requested to hire a patrol officer because of the retirement of Lieutenant John Davis. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the request to hire a patrol officer. Vote approved 4-0-0. Note: Daniel Lanen returned to the meeting/ Motorcycle Safety Awareness Resolution The Massachusetts Motorcycle Association requested the Board adopt a resolution and allow the temporary placement of a sign promoting motorcycle safety at a mutually agreeable location. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to proclaim to participate in the State's Motorcycle Safety and Awareness Period, March 27, through April 24, 2007, and to grant authorization for the association to place a 2'x8'framed yellow/black plastic `Check Twice' sign at a location to be determined and to appoint a public safety official to work with us in coordinating this effort. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 5-0. Decision to Conduct violation hearing Beijing Restaurant Licensing Chairman Mark Caggiano informed the Board of a possible violation of state and local liquor license laws and asked the Board to discuss this whether to have a formal hearing for the management of the Beijing Restaurant. Detective Daniel Cronin represented the Police Department saying officers were called to the Beijing Restaurant on December 15, 2006, at 12:00 midnight when a fight broke out in which five people were arrested on assault and battery charges, one individual was so intoxicated that police took him into protective custody. The bouncer broke up the fight between two customers, took one outside, and was assaulted when he returned for the other one. He was kicked in the face so hard while on the ground that it broke his cheekbone. These men were previously barred from the restaurant because of their behavior problems in the past, but management allowed them to return back into the establishment after a phone call. Board of Selectmen Minutes February 5, 2007 3 Selectmen Caggiano said he was concerned that one of the men involved in the assault might have been over served at the restaurant. This is a basis for having a violation hearing on this fight. The restaurant is under new management and has had its liquor license for less than six months. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to call for a formal hearing and inform the Beijing Restaurant by certified letter. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Decision of FY08-12 Capital Budget Plan The Town Manager previously presented the Board with his recommendations concerning the FY08-12 Capital Budge plan, followed by a workshop meeting with the School Committee and the Finance Committee. Additional information was brought forward at the workshop including a request from the School Committee to calculate the debt service impact of changing the elementary school upgrade project anticipated in FY10&11 from a $35 million debt excluded project to a $10 million non-excluded project. In order to be in compliance with the town charter, the Board should vote on the proposed CIP and forward it to the Finance Committee for their review. Rosemary Smedile made a MOTION, seconded by James Xenakis, to forward the FY08-12 CIP to the Finance Committee for review and reserve the right to make changes based on additional information that may come forward between now and the town meeting. Vote approved 5-0. Status Report on the Old Center Project At the request of Selectman Lanen Assistant Town Manager Ray Santilli, DPW Director Bill Hmurciak and the town's consulting engineer SEA wrote a detailed report on the following: Roadway/Drainage Project; Underground Utility Project; Town Common Project; and Financial Status of Project as of January 13, 2007. Residents can check the town's website for weekly updates on construction and road closings. Operations have ceased for the winter months. Michael Linehan of 58 Osgood Street asked questions about staging areas that should be moved and sidewalks that were not passable. This is a safety message because children travel on these sidewalks everyday to school. Dave Rand of 280 Dale Street asked about a reasonable expectation of costs surcharged on resident's electric bills. Does the town receive financial statements from the utility companies? Ray Santilli said that he is working with MA highway and Arbella in anticipation that the sidewalks will be cleaned up and kept open. Santilli also said that the utility companies send a annual statement every year in March. He would present those financials at a meeting in March 2007. NEW BUSINESS: Town Manager's Recommended FY08 General Fund Operating Budget The Town Manager presented his recommended FY08 General Fund Operating Budget. After summarizing the Town's revenues and expenses, the Town Manager said that it appears that beginning in FY08 the trend has begun to improve with over$2.2 million or a 4.25% increase in funds that can be used to support school and town services. While this amount is not sufficient to restore operational budgets to where they were in the past, for the first time in three years it will not be necessary to eliminate positions or reduce services. The amount of funds available to maintain level services for the School Department is a total of $33,492,234; this budget recommends an increase of$1,670,962 or 5.3%. In order to provide for a complete restoration of the school department budget as requested by the School Committee, an additional $3.6 million would be necessary or a total increase of 15% or$4.8 million dollars. Board of Selectmen Minutes February 5, 2007 4 The amount of funds available for municipal department operations are increasing 2.8% or by$477,629 for a total of$16,369,005. If services were to be restored to levels prior to budget reductions, which began 3 years ago, a total of$1.1 million in additional funding or a 7% increase would be necessary. This recommended FY08 general fund budget is the beginning of discussion and deliberation by Town Officials and residents. Mark Rees gave special thanks to the members of the Revenue and Fixed Cost Committee, Ray Santilli and especially Town Account/Budget Director Lyne Savage in bringing it all together. School Committee member Barbara Whidden pointed out that the $250,000 given to the schools in October to hire seven teachers to lower class sizes was only a one-time deal. Long-term substitutes were hired for the position, mostly in the elementary schools. The 1.6 million does not include that money and without that money those teachers will be let go. Rees said that this is not the final budget and he expects revisions to be made in the coming months before May's Town Meeting. Review of Articles for Annual Town Meeting Town Clerk Joyce Bradshaw compiled a set of draft articles for the annual town meeting for the Board's review and comment. The Board will be requested to vote to place these articles on the warrant at their next meeting on February 26, 2007, in order to meet the warrant-closing deadline of March 2, 2007. Yard Waste Recycling Request for Proposals Because of budget reductions in the Department of Public Works operating and maintaining the Cyr Yard Waste Recycling Center on Sharpner's Pond Road has become more and more difficult. It is hoped that by seeking proposals from companies to operate the facility these issues will be resolved. The Board is requested to approve the Request for Proposals. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Request for Proposals to go out to bid. Vote approved 5-0. TOWN MANAGER'S REPORT: Ozzy Properties has submitted its formal application for a 300 unit 40 B housing projects on land it owns at the former Lucent Facility. On January 25, 2007, the Exchange Club of Lawrence recognized Officer Thomas E. Donovan as its Police of Officer of the Year from North Andover. In addition, the North Andover Fire Department was recognized for its excellent work during the May floods of 2006. The last outstanding lawsuit with the GLSD was resolved with the Greater Lawrence Sanitary Sewer District agreeing to pay the town a payment in lieu of taxes in the amount of$125,000 per year. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board