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HomeMy WebLinkAbout2008-07-14 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 14, 2008 CALL TO ORDER: Chairman Mark J. T. Caggiano called the meeting to order at 6:45 PM at Town Hall Meeting Room. SWEARING IN CEREMONY Police Officers Stephen M. Diminico and Eric J. Sewade were sworn in prior to the start of the meeting. PLEDGE OF ALLIGIANCE ATTENDANCE: The following were present: Mark J.T. Caggiano, Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman; Daniel P. Lanen; Tracy M.Watson; Mark Rees, Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Executive Session for the purposes of collective bargaining strategy, potential and anticipated litigation and to confer with legal counsel for confidential legal advice and assistance and to return to open session. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of June 16, 2008, and Executive Session Minutes of May 13, 2008. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the Executive Session Minutes of May 19, 2008 and Executive Session Minutes of June 16, 2008. Vote approved 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: The Town Manager asked the Board of Selectmen to approve a resolution creating a Capital Building Planning Committee to assist in addressing the town's building and facility needs. The School Committee would be asked to approve the resolution at their next regularly scheduled meeting. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the resolution and an ad hoc committee called the Capital Building Planning Committee consisting of seven members. Vote approved 5-0. Introduction of the Poet Laureate The Town Manager introduced the Town's newly appointed Poet Laureate Ms. Gayle Heney. Appointment to Housing Authority Per state law when a vacancy occurs on the Housing Authority both the Housing Authority and the Board of Selectmen sit in joint session to select a person to fill the vacancy, with each member of both boards having a vote. There are two individuals interested in the position; Mary Beth Soucy and Donald Stewart. Before the Board's vote Donald Stewart of 56 Prospect Street withdrew his name from consideration. Rosemary Smedile made a MOTION, seconded by Ted Snell, to nominate Mary Beth Soucy to the Housing Authority to fill the vacancy. Vote approved 9-0. Appointment of Town Planner The Board of Selectmen was asked to approve the appointment by the Town Manager of Judy Tymon to the position of Town Planner. Ms. Tymon's starting date would be August 4, 2008. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Judy Tymon to the position of Town Planner. Vote approved 5-0. Appointment to Community Preservation Act Committee Board of Selectmen Minutes July 14, 2008 2 The appointments subcommittee and the Town Manager recommended that Alberto Angles, currently a member of the Planning Board, be appointed to fill the Board of Selectmen's appointment vacancy on the Community Preservation Act Committee. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Alberto Angles to the Community Preservation Act Committee. Vote approved 5-0. Appointment to Planning Board The Board of Selectmen was asked to approve the appointment by the Town Manager of Michael P. Walsh to the Planning Board. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the appointment of Michael P. Walsh to the Planning Board. Vote approved 5-0. Appointments to the Zoning Board of Appeals The appointments subcommittee and the Town Manager recommended the appointment of Richard Vaillancourt from Associate Member to Regular Member to the Zoning Board of Appeals. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the appointment of Richard Vaillancourt from Associate Member to Regular Member to the Zoning Board of Appeals. Vote approved 5-0. The appointments subcommittee and the Town Manager recommended the appointment of Daniel Braese as Associate Member to the Zoning Board of Appeals. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the appointment of Daniel Braese as Associate Member to the Zoning Board of Appeals. Vote approved 5-0. Recognition of Town Counsel Thomas Urbelis The Massachusetts City Solicitor and Town Counsel Association recently recognized Town Counsel Thomas Urbelis with the Robert W. Richie Special Achievement Award for his work in filing "Friend of the Court" briefs relating to municipal law, particularly a recent case, which defined attorney-client privilege for municipalities. LICENSING: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 5-0. PUBLIC HEARINGS: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to open the Public Hearing for Common Victuallers License for QuicPic, LLC, 533 Chickering Road. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Common Victuallers License for QuicPic, LLC, 533 Chickering Road. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to open the Public Hearing for Common Victuallers License for Pizza Factory, 535 Chickering Road. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the Common Victuallers License for Pizza Factory, 535 Chickering Road. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to open the Public Hearing for Common Victuallers License for Amici's Pizzeria, 127 Waverly Road. Vote approved 5-0. Board of Selectmen Minutes July 14, 2008 3 Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Common Victuallers License for Amici's Pizzeria, 127 Waverly Road. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. CONSENT ITEMS: North Andover Foundation of Education Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the request from the North Andover Foundation of Education to hold their annual Fund Raising Walk on September 14, 2008 from 1:00 to 3:00 p.m. Vote approved 5-0. Summer Concerts and Children Shows Rosemary Smedile made a MOTION, seconded by Tracy Watson, to accept the donations from North Andover Firefighters Union of$400; the North Andover Council on Aging of$375; and the Knights of Columbus, Council 3819 of$100 for the 2008 Summer Band Concerts and Children Shows. Vote approved 5-0. Senior Center Renovation Project The Friends of the North Andover Senior Center raised $50,000 to be used for the renovation project currently planned for the Senior Center. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to accept the donation of$50,000 from the Friends of the North Andover Senior Center to be used for the renovation project currently planned for the Senior Center. Vote approved 5-0. Note: Daniel Lanen Recused Project Life Saver/Commission on Disabilities The Edgewood Retirement Community, Inc. made a donation of$150 towards the Project Life Saver. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to accept the donation of$150 from the Edgewood Retirement Community, Inc. to the Project Life Saver. Vote approved 4-0. Note: Daniel Lanen Returned OLD BUSINESS: Update on Post Office The Town Manager and Selectman Smedile recently met with Post Office officials at their regional facility in North Reading. Two positive items that came from that meeting was an agreement to extend post office hours to 1:00 p.m. on Saturdays beginning on July 19, 2008, and a commitment on their part to seriously consider placing a self service kiosk in the lobby once they implement a process change which will free up space at their current location. Update on Stevens Estate Selectman Richard Nardella gave an update on the Stevens Estate. The committee (consisting of Selectmen Rick Nardella Rosemary Smedile and Stevens Estate Trustees Bill Hansen and Eric Fraclih) met recently to review options regarding the management/operations of the Stevens Estate. The Town wants to see the Estate prosper but this year there was a $170,000 deficit and as a municipality we cannot allow this to continue. The Committee needs to find ways to make the Estate pay for itself. The town needs to be prudent and pursue methods to improve management, advertising, marketing and bringing the Estate to compete with the private sector. In May 2008, the Town put out an RFI for the management operations for the Stevens Estate at Osgood Hill. Currently two companies have responded; one brought in a proposal to manage the Estate as a full service catering facility. The other company wants the town to sell nine acres to build a 10 million dollar function hall Board of Selectmen Minutes July 14, 2008 4 to handle large parties on top of the hill that would be complimentary to the existing estate. The company did not give details on how that hall would be related to the current buildings on the Stevens Estate. The committee has to look at the many options and alternatives then to present this to a Town Meeting vote. Town Manager Mark Rees said that the Estate is run through an enterprise fund, meaning whatever the estate makes goes back into running it. The enterprise fund can carry a deficit for one year. If the deficit lasts beyond the next year, cost may have to be covered by the general budget. Chairman of the Stevens Estate Trustees Kevin Willoe said that there have been many challenges in the last year. A new manager was hired and is doing a great job at marketing and advertising and bookings are up and coming in. The Trustees are making many upgrades and improvements beautifying the building and the grounds. The Estate will have an Open House sometime in the fall of 2008 and invite the community to tour the estate. The Board would consider privatization if that would be the best thing for the estate. Selectman Nardella said the next step is to interview both companies and draft an RFP. The Committee must explore all of the options and report back to the Board of Selectmen. Support of HOME application for NOAH/Stevens Corner Project The Board was asked to approve the Chairman Mark Caggiano to sign a letter of support for NOAH (the developers) of the Steven Corner Project for HOME funding. This is a funding source to provide for the renovation of the existing Greenery Property at 75 Park Street into affordable housing. Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the Board's Chairman Mark Caggiano to sign the letter in support for HOME funding requested by NOAH. Vote approved 5-0. FY09 Water&Sewer Rates Town Manager Mark Rees and DPW Director Bruce Thibodeau made recommendations for setting the FY09 Water and Sewer Rates to the Board. Several spreadsheets showed a range of percentages for retained earnings accompanied by a comparison sheet of past year rates with various retained earnings ranging from 0 to 10%. The recommendation was set with a 10% retained earnings for Water and a 5% retained earnings for Sewer. The reason for the increase needed is because of decreased sewer revenues; increase debt costs for sewer, and an increase in the cost of chemicals used to treat the water and oil prices, which affects electricity. The average homeowner can expect an increase per quarter of$10.80. Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the Town Managers recommended rates with a 10% retained earnings for Water and a 5% retained earnings for Sewer and all miscellaneous rates and fees. Vote approved 4-1. Rosemary Smedile opposed. Extension of Purchase & Sale Agreement for 1475 Osgood Street The Board is requested to approve an extension of the Purchase and Sales Agreement for 1475 Osgood Street until August 15, 2008. There will be an environmental review of this property for additional soil testing that will take approximately four weeks. The Merrimack Valley Federal Credit Union has agreed to the extension. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the extension of the Purchase and Sales Agreement for 1475 Osgood Street until August 15, 2008. Vote approved 5-0. NEW BUSINESS: Downtown Improvement Proposals DPW Director Bruce Thibodeau addressed the Board with a plan to spruce up the downtown area that will include landscaping, new crosswalks, new street signs with larger lettering and repaved streets. Some changes have already begun while others are expected to happen over the next two years. The improvements will not stretch the budget because this would be funding by State Chapter 90 money designated for fixing roads, and ways to do some of the work with town employees. Community Development Director Curt Bellavance is working on creating design guidelines for Main Street and finding possible grant money for the projects. Selectmen recommended ways to include downtown businesses and to create a sign "Welcome to Downtown North Andover". Once the Town starts making improvements then businesses would be contacted with specific schedules of when and what will happen. Board of Selectmen Minutes July 14, 2008 5 Establishment of Audit Committee Selectman Richard Nardella is recommending establishing an Internal Audit Committee with members of the Board of Selectmen, School Committee and the Public. Selectmen requested that the Town Manager make a charge for the Committee and bring back to the Board for their review. Board Reorganization The Board traditionally reorganizes itself at the first meeting of a new fiscal year. Positions to be determined include Chairman, Clerk and Chair of Licensing. Daniel Lanen made a MOTION, seconded by Richard Nardella, to nominate Rosemary Smedile as Chairman until June 30, 2009. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to nominate Richard Nardella as Licensing Commissioners Chairman. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Tracy Watson, to nominate Mark Caggiano as Clerk of the Board. Vote approved 4-1. Mark Caggiano opposed. TOWN MANAGER'S REPORT: On June 19, 2008, Town Manager Mark Rees met with Jonathan Markey of Meridian Associates for preliminary discussion on the feasibility of installing a wind energy turbine in North Andover. Mr. Markey agreed to conduct a no obligation desktop analysis of already existing wind data to see if one of these turbines may work in North Andover. If we find that one is a possibility, the next step would be a comprehensive feasibility study estimated to cost $50,000. The Town has received a discount in the amount of$5,540 from our insurance carrier, MIIA for our participation in risk reduction programs including safety training and site reviews. On July 10, 2008, the Town Manager provided testimony to the legislative committee reviewing the town's petition to change the conservation restrictions on a portion of the Town Farm property to allow for the construction of an athletic field. A class of Merrimack College Students did a project on the Revitalization of Downtown North Andover. The report consisted of an executive summary, a mission statement, businesses products and services, population and a survey to residents then recommendations and conclusions were made and sent to the town for review. Governor Patrick will be in Amesbury at a Town Hall Meeting and the Town Manager Mark Rees will attend on July 16, 2008. RETURN TO EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to return to Executive Session for the purposes of potential and anticipated litigation and to confer with legal counsel for confidential legal advice and assistance. Vote approved 5-0. ADJOURNMENT: Richard Nardella made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 10:25 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board