HomeMy WebLinkAbout2008-09-08 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 8, 2008
CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at
Town Hall Meeting Room.
PLEDGE OF ALLIGIANCE
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Mark J.T.
Caggiano Clerk; Richard A. Nardella, Licensing Chairman; Daniel P. Lanen; Tracy M. Watson; Mark
Rees, Town Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION:
Richard Nardella made a MOTION, seconded by Mark Caggiano, to move into Executive Session to
discuss Collective Bargaining and Pending Litigation.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 5-0.
APPROVAL OF MINUTES:
Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the minutes of July 14,
2008, Executive Session Minutes as written. Vote approved 4-0-1. Daniel Lanen abstained
Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the minutes of August 11,
2008, Executive Session as written, August 11, 2008, Open Minutes as written, and August 29, 2008,
Open Minutes as written. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificates of Recognition: North Andover Boys Under 14, Red Fury, State Soccer Champions
The Board congratulated the North Andover Red Fury Soccer Team for an undefeated season and
becoming the Boys under 14 Division 1 Champions in the Massachusetts Tournament of Champions for
the 2008 spring season. Certificates of Accomplishment were presented to the coaches and team
members.
Open House at Steven's Estate—September 14, 2008, 2:00 p.m. —6:00 p.m.
The Stevens Estate invites Town residents and neighbors to an Open House on Sunday, September 14,
2008 from 2:00 p.m. to 6:00 p.m.
September 11, 2001 Observance and Patriots Day Breakfast, 8:00 a.m. at Senior Center
The Board, the Public and Town Employees are invited to participate in the September 11, 2001
Observation and Patriots Breakfast at the Senior Center starting at 8:00 a.m.
Friends of the North Andover Senior Center"A Matter of Taste"
The Friends of the North Andover Senior Center will be conducting their 4th annual "A Matter of Taste"
event at the Stevens Estate from 6:30 p.m. to 9:30 p.m. on September 10, 2008. Special Guest is Pat
Whitley, Host of WRKO Radio "Restaurant Show"
Appointments
Government Review Committee
The appointments subcommittee recommended that Harold Dushame of 14 Saltonstall Street be
appointed to fill the final slot on the Government Review Committee, Ronald Bertheim of Methuen
appointed a North Andover Constable, and Jian Helen Yang appointed to the Youth Service Board of
Directors.
Board of Selectmen Minutes September 8, 2008 2
Mark Caggiano made a MOTION, seconded by Tracy Watson, to appoint Harold Dushame to the
government Review Committee, Ronald Bertheim as a Constable, and Jian Helen Yang to Youth
Services Board of Directors. Vote approved 5-0.
Poetry Initiatives Update: Karen Kline
Karen Kline gave the Board an update of poetry initiatives in North Andover and the Merrimack Valley.
Events will be held throughout the months of September and October. Beginning September 26, 27. and
28, 2008, North Andover will be part of the trails and sails walks and open to the public. Visitors are
invited to the Stevens-Coolidge Place, Museum of Printing, the Rolling Ridge Conference Center and
Smolak Farms. You can view all the events of the weekend at www.trailsandsails.org. The next event
"Mass Poetry Festival" is scheduled for Saturday, October 11 at the Lowell National Park Visitor Center
from 9:00 a.m. —4:30 p.m. You can view all the events of the day at www.masspoetry.orq. The last event
"The Robert Frost Festival will be held on October 25, 2008 at the Lawrence Public Library. You can view
information at www.frostfoundation.org
Voter Reminder
Town Clerk Joyce Bradshaw reminds residents that the State Primary Election will be held on Tuesday,
September 16, 2008 at the North Andover High School; polls are open from 7:00 a.m. to 8:00 p.m.
CONSENT ITEMS:
Cystic Fibrosis Foundation Fundraiser
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the Fund Raising Walk to be
held at the Drummond Park on Saturday, May 16, 2009. Vote approved 5-0.
Fitness For You Fundraiser
Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the Fundraiser"Spin-A-Thon"
on October 4 and 5, 2008 at 530 Turnpike Street. Vote approved 5-0.
Approval to Fill Vacancies
The Board is requested to approve the filling of current vacancies within the Town: The shared clerical
position between the Town Clerks and Assessors Office, a Firefighter EMT position, an Information
Technology Analyst and a Communications Dispatcher.
Richard Nardella made a MOTION, seconded by Tracy Watson, to approve the filling of the current
vacancies within the Town. Vote approved 5-0.
Acceptance of Donations: Summer Band Concerts and Children's Shows
Mark Caggiano made a MOTION, seconded by Tracy Watson, to accept the following donations:
Friends of the Senior Center$375.00; and Rotary Club of North Andover$500.00; Vote approved 5-0.
Application for Sewer Relief Fund Disbursement
The Board is requested to sign off on an application for funding from the Commonwealth's Sewer Rate
Relief Fund. In prior years the Town has received approximately $40,000 from this funding source and
which is placed into the Sewer Enterprise Fund.
Mark Caggiano made a MOTION, seconded by Tracy Watson, to sign the Sewer Relief Fund Application
for TY2009 Distribution. Vote approved 5-0.
LICENSING:
Richard Nardella made a MOTION, seconded by Tracy Watson, to move into Licensing. Vote approved
5-0.
Board of Selectmen Minutes September 8, 2008 3
Merrimack College requests One-Day Wine & Malt Beverage License for two events on September 27,
2008 and September 28, 2008.
Selectman Caggiano said that he was very disappointed to learn that Merrimack College sent a letter to
the Superintendent saying they decided to discontinue giving the $50,000 yearly donation to the Town.
Selectman Caggiano said the Town was promised this money and budgeted for teachers' salaries and he
would vote against giving the college anything until the issue was resolved.
Selectmen Lanen said that the college does not pay taxes and they receive a lot of services from the
Town. He agreed with Selectman Caggiano and said he would vote against granting any one-day
licenses to the college also.
Selectmen Watson, Smedile and Nardella said that Merrimack College owes the Town an explanation
and the Town Manager should setup a meeting with the new college president to discuss the issue.
Chairman Smedile did not want to punish alumni and students over a disagreement with administrators
even though she was frustrated to see the donation vanish. Chairman Smedile suggested approving the
requests for license and then setup a meeting to talk with college officials.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the one-day wine &malt
license for Homecoming Family Weekend on Saturday, September 27, 2008 from 11:00 a.m. to 3:00 p.m.
Vote approved 3-2. Mark Caggiano and Daniel Lanen opposed.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the one-day wine &malt
license for Homecoming Golden Graduate Society Dinner on Sunday, September 28, 2008 between
11:30 a.m. and 3:30 p.m. Vote approved 3-2. Mark Caggiano and Daniel Lanen opposed.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote
approved 5-0.
PUBLIC HEARINGS:
Daniel Lanen made a MOTION, seconded by Tracy Watson, to open the Public Hearing. Vote approved
5-0.
National Grid Pole Petition — Plan No. 3823723— Holt Road
Steve Soucy representative of National Grid requested that the Board approve changes to the existing
plan. Instead of underground conduit wire to overhead wires extending to an additional pole.
Mark Caggiano made a MOTION, seconded by Richard Nardella, to TABLE this item until all departments
and abutters were notified of the changes and to continue the Public Hearing at their next meeting. Vote
approved 5-0.
Chapter 43 Expedited Permitting Regulations (Continued from August 11, 2008 Meeting)
On August 11, 2008, the Board voted to continue the hearing of Chapter 43 Expedited Permitting
Regulations. Community Development Director Curt Bellavance presented a revised Rules and
Regulations based on comments made at the August 11, meeting. The Land Use Boards are also
reviewing changes they may need to adopt for their particular board or commission.
The Board made suggested edits to the revised document and the Land Use Boards would also review
and make recommendations. The revised Rules & Regulations will be presented to the next scheduled
Selectmen's meeting.
OLD BUSINESS:
Old Center Project Update
Assistant Town Manager Raymond Santilli and Public Works Director Bruce Thibodeau provide
information on the various components of the Old Center Project. The road way improvements and
Board of Selectmen Minutes September 8, 2008 4
common drainage improvements will be completed by late September, early October and two of the three
utilities, Comcast and Nation Grid are working on putting their wires underground working through next
spring. The third utility, Verizon has not been as forthcoming with their plans, which may necessitate
some communications at a higher level.
Selectman Smedile suggested sending a letter to Verizon from the Board of Selectmen and to also speak
with State Transportation Secretary Senator Steven Baddour and ask for his help in moving this along.
Comprehensive Waste Water Plan Update
Last spring several meetings were held with the Board of Selectmen and the Public on the development
of the Comprehensive Waste Water Plan. Director of Public Works Bruce Thibodeau presented an
outline of what decisions need to be addressed to complete the planning process. The following are
decision points that the Selectmen can anticipate as the process goes forward:
➢ Is the priority ranking appropriate?
➢ How will the sewer extensions be funded going forward?
➢ Should there be a higher percentage on betterment paid by the property owner rather than on the
sewer rates? Should we consider different betterment percentages per priority?
➢ What is a reasonable timetable for scheduling each priority for sewer extensions?
Audit Committee
The Town Manager and Selectman Richard Nardella reconciled two versions of the charge for this
committee and are recommending adoption of the unified version. The Audit Committee shall consist of
three members, one member of the Board of Selectmen who shall serve as chair, one member of the
School Committee and a resident of North Andover appointed by majority vote of the Board of Selectmen.
A list of description of duties, responsibilities and operating procedures were agreed upon.
Richard Nardella made a MOTION, seconded by Mark Caggiano, to adopt the Audit Committee
Guidelines as presented consisting of three members, one member of the Board of Selectmen who shall
serve as chair, one member of the School Committee and a resident of North Andover appointed by
majority vote of the Board of Selectmen. Vote approved 5-0.
NEW BUSINESS:
Preparation of May 2009 Annual Town Meeting: Non-monetary Articles
The Town Meeting calendar has been adjusted to require earlier submission of non-monetary articles.
Since the deadline is September 29th for submission of"notice of interest"for possible non-financial
articles, the Board is requested to bring forward their ideas for these types of articles so that staff can
begin the process of preparing them.
Lease Award for 170 Sutton Street/briefing on expansion proposal
Pursuant to state law, the Town issued a request for proposal for Town owned building located at 170-
172 Sutton Street. The current tenant, the North Andover Thrift Shop, was the only responder and it is
recommended that the Board approve a new lease with this organization.
The Thrift Shop is currently exploring the possibility of placing a pre-fabricated building/addition on the
site and has met with the Technical Review Committee to discuss the feasibility of such a structure.
Should this project move forward, the Board might be requested to release funds received as part of the
insurance settlement when their former location in the Old Center burned down.
Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the new lease with the
North Andover Thrift Shop. Vote approved 5-0.
Disclosure of Financial Interest, Town Manager
The Town Manager disclosed that the Greater Lawrence Educational Collaborative (GLEC) employs his
wife Elizabeth B. Rees as an occupational therapist part-time serving special needs students. GLEC
provides special education services under contract to nine Merrimack Valley communities including North
Andover. Mrs. Rees spends part of her work time serving North Andover students.
Board of Selectmen Minutes September 8, 2008 5
Under the Town Charter, the Town Manager is responsible for recommending the budget of the North
Andover Public Schools as part of his recommended budget for the entire town and which is eventually
approved by Town Meeting. Part of the school budget includes an allocation to pay GLEC for their
services. A portion of his wife's salary could come from that budget allocation. Under state law Town
Meeting can only allocate a lump sum amount to the school department. How that money is allocated to
different expense categories within the school budget is under the purview of the School Committee.
The Town Manager asked the Board to make a determination if a financial interest is significant enough
to effect my recommendations.
Mark Caggiano made a MOTION, seconded by Richard Nardella, and determined that the interest is not
so substantial as to be deemed likely to affect the integrity of the services, which the municipality may
expect from the employee Mark H. Rees. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Transfer of ownership of 1475 Osgood Street from Merrimack Valley Federal Credit Union to the
Town of North Andover was completed on September 2, 2008. The Town is in the process of finalizing
the contract amendment with the architect to begin the process of renovating it into a police station,
The Town Manager reminded the Board of the planning retreat to be held on Saturday, September 27,
from 9:00 a.m. to 12:00 noon at the Stevens Estate.
The Town received a letter from Emergency Management a recommendation to FEMA that the approve
$160,000 grant to address flooding problems along the Shawsheen River by raising certain houses above
flood stage and homeowners would pay 25% of the cost.
The Town Manager signed a contract this week for$20,000 for the purpose of replacing water mains on
various streets around town.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by Richard Nardella, to adjourn the meeting at 10:15 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Mark Caggiano, Clerk of the Board