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HomeMy WebLinkAbout2008-03-10 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 10, 2008 CALL TO ORDER: James Xenakis called the meeting to order at 5:30 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. INTERVIEWS FOR FIRE CHIEF CANDIDATES: The Board received recommendations and tests results from the Fire Chief Assessment Center for the following three candidates: William Martineau, Michael Beirne and Andrew Melnikas. The Board interviewed each of the three candidates for the Fire Chief position. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, 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; 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 Mark Caggiano, to approve the Executive Session Minutes of February 25, 2008. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Certificate of Accomplishment The Board commended Vincent Terranova for achieving the high rank of Eagle Scout and for his community service work in planning and coordinating the installation of a 19t century style garden bed at the North Andover Historical Society. Design of Lake Cochichewick Hatch Plaque Approval Mr. Tim Willis requested the Boards' approval of the design of the plaque to be placed as a memorial at the "hatch" on Lake Cochichewick in honor of his father, John J. Willis, Sr., John J. Gaffny Jr. and Vincent B. Landers Sr. who donated these lakes water rights to the town in 1971. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile to approve the design of the plaque to be placed on the Hatch of Lake Cochichewick. Vote approved 5-0. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to have the town provide funds to include the cost of the plaque. Vote approved 5-0. North Andover Public Schools FY09 Budget Presentation Interim Superintendent James Marini and School Committee Chairman Barbara Whidden presented the Schools FY09 Budget for the Board. Supt. Marini gave a presentation explaining the budget process through a detailed look at how they arrived at their current budget request. Budget Assumptions, Cost Savings, Supt. Recommended Budget, Budget Hearings, School Committee Directive, Reduced Budget Request and the Budget Gap. The result is a total increase over FY08 of$1,700,728 or 4.82%. The Town Manager's recommended FY09 budget for the schools is $36,111,574 or 2.36%. The gap between the school committee approved budget and the Town Manager's recommended budget is $867,650. Supt. Marini explained that 80% of the budget is personnel wage increases and increases in health insurance. The School Committee is working with the Teachers Union on a new contract towards including the health insurance contribution Board of Selectmen Meeting March 10, 2008 2 change to a 25/75 split. Supt. Marini also said that the School Administration is in the process of changing the school's schedule and broadening the electives as to a more rounded out curriculum. The Board commented that there was a positive feeling among the Boards and the School Administration and commended Supt. Marini and Chair Whidden for the work they have done achieving a transparent comprehensible budget. Ozzy Properties 40R &40B Selectman Caggiano brought to the Boards' attention his concern about the ZBA's approval of a 40B proposal that was previously requested by Ozzy Properties. The developer requested to withdraw the 40B now that the 40R has been approved by the state. Caggiano asked that the Board appoint him to speak with the members of the ZBA to caution them about pitfalls and a careful decision and a risk to the town of loosing $1 million dollars. Selection of Fire Chief The Board announced that after the recommendations from the Fire Chief Assessment Center and interviewing three very qualified in-house candidates for the position of Fire Chief, they voted to appoint William Martineau as North Andover's Fire Chief and would come to terms of employment. CONSENT ITEMS: The Cystic Fibrosis Foundation "Great Strides A Walk to Cure Cystic Fibrosis" Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve consent to hold a fund raising walk on Saturday, May 17, 2008. Vote approved 5-0. Permission to Fill Vacancy Conservation Administrator Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the advertising and hiring of a Conservation Administrator. Vote approved 5-0. Charter for Patriotic Observance & Marching Committee Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the revised charter as recommended by the Board at their last meeting. Vote approved 5-0. Note: Daniel Lanen recused Authorization to Dispose of Police Van The police department is seeking permission to donate a 1994 Ford Econoline Van to the North Eastern Massachusetts Law Enforcement Council. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to grant approval of the donation contingent that the van cannot be used first by any other department in North Andover. Vote approved 4-0. Note: Daniel Lanen returned LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved 5-0. Merrimack College—request for one-day license James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve a one-day beer and wine license on April 3, 2008 from 6:00—7:30 p.m. at the Volpe Athletic Center, 315 Turnpike St. Vote approved 5-0. Board of Selectmen Meeting March 10, 2008 3 PUBLIC HEARINGS: Continued Hearing for Liquor Violation Millennium Eatery, Inc. Beijing Restaurant Chairman Caggiano and Attorney Manzi had a brief discussion regarding the prior finding of a violation with a preliminary penalty of three-day suspension providing that there would be a discussion with his client of the possibility of an hourly reduction in serving alcohol and closing the bar at 11:00 p.m. Attorney Manzi did not have any further comments from his client and had no authority from his client to agree to a reduction of hours. Attorney Manzi wanted to make sure that this penalty was for M.G.L. c. 265, §§13A & 15B and c. 272, §53— respectively, Assault and Battery with a dangerous weapon, and disorderly conduct that occurred on September 30, 2007 at 12:16 p.m. The Board discussed setting the dates for the suspension. If the License Holder files an appeal with the ABCC, and the suspension is not stayed, then the License Holder would most likely go to court to seek an injunction to prevent the application of the penalty pending the ABCC decision. This would be costly to both parties. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to suspend the Liquor License of the Millennium Eatery, Inc. Beijing Restaurant on three consecutive days, Thursday, March 27, Friday, March 28, and Saturday, March 29, 2008. Vote approved 3-2. James Xenakis and Daniel Lanen opposed. Selectman Xenakis said he would encourage board members to vote no on this penalty and a possible reduction in the penalty so as not to impose a financial impact on the business. Chairman Caggiano said it was not so long ago that this establishment was reprimanded for incidents in the past. This is not the maximum penalty and does not stop the service of food in-house or take-out. Selectmen Licciardello said based on the testimony heard at our last meeting and how this situation was managed even after a previous incident for this business, the commission nonetheless made an offer of hour reductions that would have had very little financial impact. This would not have had a devastating effect on their food business,just closing their bar in the late hours, and that offer was not accepted. Thomas Licciardello made a MOTION, seconded by James Xenakis, to stay the penalty in the event of an appeal. Vote approved 5-0. The violation would be sent to Attorney Manzi as well as the License Holder. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: FY09 General Fund Operating Budget The Town Charter requires the Board of Selectmen to take action on the Town Manager's recommended budget within 30 days of receipt, which occurred on February 11, 2008 and to forward the budget onto the Finance Committee. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Town Manager's recommended FY09 General Fund Operating Budget as submitted but reserve the right to make amendments as additional information comes forward. Vote approved 5-0. Town Meeting Date The Town Moderator requested the Board to consider changing the start date of the Annual Town Meeting due to a conflict in his schedule. Options included starting on Tuesday, May 13, 2008 followed by a second night if necessary on Wednesday, May 14, 2008. Board of Selectmen Meeting March 10, 2008 4 Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to change the start date of the Annual Town Meeting to Tuesday, May 13, 2008. Vote approved 5-0. NEW BUSINESS: Information Technology Consolidation Task Force The Board of Selectmen and the School Committee previously agreed to consolidate Information Technology. To move that effort forward the Board of Selectmen and the School Committee are requested to approve the formation of an Information Technology Consolidation Task Force Resolution. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approved the Information Technology Consolidation Task Force Resolution and pass this onto the School Committee for approval. Vote approved 5-0. If there are any residents interested in serving on this committee, contact the Town Manager's office. FY09 Water and Sewer Enterprise Fund Budgets The Town Manager presented his recommended FY09 water and sewer enterprise fund budgets for the Boards review and consideration. There are two options provided for each fund, one that would product a projected retained earnings balance of 5% or operating expenses and one that would produce a 10% balance. Open Meeting Law— Letter from Town Counsel Town Counsel Attorney Thomas Urbelis sent a letter recommending that our legislators be contacted to express the town's opposition to a possible law that imposes a $500 fine against individual board members who violate the open meetings laws. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to write a letter to our legislators and take a position in opposition to any bill, which has fines against individuals and to urge you to vote against any such bill, which may come before you. Vote approved 4-0-1. Daniel Lanen abstained. TOWN MANAGER'S REPORT: On March 4", the Town Manager attended a meeting at the Rolling Ridge Retreat and Conference Center where renovation and expansion plans for that facility were discussed. On March 6th, the Town Manager was a guest speaker at the North Andover Senior Center Men's Club and also attended a ribbon cutting ceremony at LaserCrase at 1600 Osgood Street, and also participated in a networking dinner for graduating seniors at Merrimack College. On March 7th, along with numerous state and local officials, the Town Manager participated in the Maple Syrup Kick-Off event at the Turtle Maple Syrup Farm in North Andover. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:45 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board