HomeMy WebLinkAbout2008-04-14 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 14, 2008
CALL TO ORDER: Chairman Mark J. T. Caggiano called the meeting to order at 7:00 PM at Town Hall
Meeting Room.
PLEDGE OF ALLIGIANCE
ATTENDANCE: The following were present: Mark J.T. Caggiano, Chairman; Rosemary Connelly
Smedile, Clerk; Daniel P. Lanen; Tracy M. Watson; and Ray Santilli, Assistant Town Manager.
Town Manager Mark Rees and Selectman Richard Nardella were absent.
EXECUTIVE SESSION:
Daniel Lanen made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss
Collective Bargaining.
APPROVAL OF MINUTES:
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the Open Session minutes
of March 31, 2008. Vote approved 4-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
FY07 Audit Report and Management Letter
Christian J. Rogers from Sullivan, Rogers & Company, LLC and Lyne Savage, Town Accountant/Budget
Director were present and gave a summary of the auditors report for FY07.
The auditors presented an overview and analysis of the Town's financial activities for the FY07 the
Financial Highlights are as follows:
➢ The assets of the Town exceeded its liabilities at the close of the most recent fiscal year by
$142,269,021 (net assets). Of this amount, $11,880,291 (unrestricted net assets)may be used to
meet the government's ongoing obligations to citizens and creditors.
➢ The Town's total net assets increased by$7,685,984.
➢ As of the close of the fiscal year, the Town's governmental funds reported a combined ending
fund totaling$14,564,9 78,- an increase of$9,738,148 in comparison with the prior year.
Approximately$12,310,000 represents unreserved fund balance.
➢ At the end of the fiscal year, undesignated fund balance for the general fund totaled$1,308,742
or 1.8 percent of total general fund expenditures. In the prior year, undesignated fund balance for
the general fund totaled$4,074,811.
➢ The Town's total gross bonded debt decreased by$6,011,257 during the fiscal year, $4,064,899
of new debt was issued.
The auditors became aware of several matters that are opportunities for strengthening internal controls
and operating efficiency. They gave comments and recommendations concerning the following:
a) Reconciliation of Cash,
b) Accounts Receivable Software,
c) School Rental and Preschool Revolving Funds,
d) Departmental Cash Receipts, Board of Health,
e) Student Activities, Physical Inventory of Capital Assets, Performance Bonds,
f) Special Education Program—Form 1-9 Employment Verification,
g) Risk Assessment and Monitoring,
h) Financial Policies and Procedures Manual,
i) Financial Systems Disaster Recovery Plan,
j) New Accounting and Financial Reporting Requirements for Other Post-Employment
Benefits (OPEB)
Board of Selectmen Minutes April 14, 2008 2
Meeting with Legislative Delegation, April 15, 2008
There will be a meeting with the Town's Legislative Delegation Senators Baddour and Tarr and
Representatives Torissi and L'Italian on Tuesday, April 15, 2008, at the Middle School at 6:30 p.m.
CONSENT ITEMS:
Hiring of Stevens Estate Director-Temporary
The Town Manager recommended the appointment of Laura Gifford as the Temporary Director of the
Stevens Estate. The Board of Selectmen's sub-committee interviewed Ms. Gifford and is recommended
approval.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, approved the appointment of Laura
Gifford as the Temporary Director of the Stevens Estate. Vote approved 4-0.
Acceptance of Playground Equipment for Stevens Pond
The Joseph Herman Youth Foundation and Playtime Equipment manufacturers have combined to make a
$15,311 donation to provide playground equipment at the Stevens Pond facility. The Board is requested
to accept this generous donation.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to accept the combined donation of
$15,311 at the Stevens Pond facility. Vote approved 4-0.
Request to Waive Fees—Youth Services Carnival
Rick Gorman, Director of North Andover Youth Services requested that all permit fees be waived for the
upcoming Youth Services Carnival Fundraiser.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve all fees be waived for the
upcoming Youth Services Carnival Fundraiser. Vote approved 4-0.
LICENSING:
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote
approved 4-0.
Transfer of Liquor License and Entertainment License: Min Fu d/b/a Haru Chinese &Japanese
Restaurant to Empire Lu Enterprises, Inc. d/b/a Haru Chinese &Japanese Restaurant, 733 Turnpike
Street.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen to approve the transfer of liquor and
entertainment license to Empire Lu Enterprises, Inc. d/b/a/ Haru Chinese &Japanese Restaurant, 733
Turnpike Street. Vote approved 4-0.
Wind Rush Farm, 30 Brookview Road, North Andover is requesting a One-Day Wine & Malt License on
Saturday, June 14, 2008, from 6:00 p.m.-10:00 p.m. for the Salem, NH Animal Rescue League, Whiskers
&Tails on the Red Carpet Fundraiser.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the one-day wine & malt license
on Saturday, June 14, 2008, from 6:00 p.m.-10:00 p.m. for the Salem, NH Animal Rescue League,
Whiskers &Tails on the Red Carpet Fundraiser. Vote approved 4-0.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of licensing. Vote
approved 4-0.
Board of Selectmen Minutes April 14, 2008 3
PUBLIC HEARINGS:
Amendment to Town's Personal Policy
Note: Daniel Lanen recused
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to open the Public Hearing. Vote
approved 3-0.
The Town Manager requested the Board adopt the following amendments to this personnel policy in
accordance with the provisions of Article 11 of the Town of North Andover Special Town Meeting of
December 12, 2002. It is proposed that Article VIII-Employee Benefit Program, Section E— Holidays, be
amended by adding a new paragraph at the end:
The Police Chief, the Fire Chief and the Deputy Fire Chief, solely, shall receive one-fifth (1/5) of his/her
regular weekly pay, as holiday pay, for any of the full-day holidays listed above. There are twelve (12)
full-day holidays listed in the Personnel Policy. This provision is standard for the majority of police chiefs
and fire chiefs throughout the Commonwealth.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to close the Public Hearing. Vote
approved 3-0.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to adopt the amendment to the
personnel policy. The Police Chief, the Fire Chief and the Deputy Fire Chief, solely, shall receive one-fifth
(1/5) of his/her regular weekly pay, as holiday pay, for any of the full-day holidays listed above. There are
twelve (12)full-day holidays listed in the Personnel Policy. Vote approved 3-0.
Note: Daniel Lanen returned
OLD BUSINESS:
Preparation for Annual Town Meeting (updates on Fincom Action, Recommendation on Articles
TABLED until next meeting
Information Technology Consolidation Task Force
The School Committee when reviewing and approving the charge of this task force made two
modifications to the document approved by the Board previously. The modifications are the following:
2. Add at the end of sentence "review and update the five year technology replacement plan"
6. Delete the word "full"
Change the timeframe from 120 days to 180 days
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the recommended changes to
the Information Technology Consolidation Task Force. Vote approved 4-0.
NEW BUSINESS:
Form of Government Review
As a result of the non-binding question regarding the Town's form of government, the Board asked what
steps, if any, should be taken regarding reviewing our form of government. Town Clerk Joyce Bradshaw
spoke about the various options available to towns and provided handouts written by Marilyn Contreas,
Senior Program and Policy Analyst at the Department of Housing and Community Development.
Selectmen discussed having the Town Manager set up an ad hoc committee: "town government study
committee" and put together a plan for how many members will be on the committee, who would be on it
and what the main purpose is. The committee can recommend changes to the charter, but the town
needs a Charter Commission to suggest changes to the form of government.
In order to set up a Charter Commission, 2,400 people have to sign a petition to ask residents in a
general election if they want a Charter Commission. The commission has up to 18 months to study the
Board of Selectmen Minutes April 14, 2008 4
charter and recommended changes. Those changes, which could include a new form of government,
would have to be voted on by residents.
Resident George Vozeolas, who put the nonbinding question on the ballot, said the town should set up a
Charter Commission. He has led a petition drive for more than a year to set one up, and said now that
residents have voted; the Selectmen should also do more to help collect signatures. He suggested
making the petition available at the library and the Senior Center, and passing it around at Town Meeting.
Chairman Caggiano said that the Town Clerk would have to consult Town Counsel about the legality of
passing the petition around at Town Meeting or other venues.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to direct the Town Manager to set up
an ad hoc committee, to suggest membership and to set up a draft charge for the committee. Vote
approved 4-0.
Fee Review
Stevens Pond User Fees
The Department of Youth Services has prepared for the Board's consideration two option for users fees
at Stevens Pond; one would keep rates at their current levels, while the other would adjust them to allow
for this recreational facility to be self-supporting.
There was a discussion to raise the rates to allow the Stevens Pond to be self-sufficient, but Selectman
Smedile said that a raise in the fees would be too much of a burden to town families.
Chairman Caggiano said he would like to see the Stevens Pond to be self-supporting and only raise the
Season Car Pass fee to $95 instead of the proposed $115. This would be a modest increase under
$100.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to make no changes to the current
rates. Vote approved 3-1. Mark Caggiano opposed.
Municipal Lien Certificates
Treasurer/Collector Jennifer Yarid recommended an increase in the fee associated with receiving a
Municipal Lien Certificate. The fee increase is justified to cover the costs of producing the documents.
The current fee is $25 and the proposed fee would be $35.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to increase the Municipal Lien
Certificate fee to $35. Vote approved 4-0.
Housing Trust Fund
Community Development Director Curt Bellavance and Chair George Koehler of the Housing Partnership
Committee came before the Board regarding the implementation of the Housing Trust Fund.
At the 2006 town meeting, permission was granted to create a Housing Trust Fund. With the expectation
that the Town will receive $800,000 as part of the requirements for the Edgewood expansion plans, this
would be an appropriate time to move forward with the actual implementation of the Housing Trust Fund.
It is the recommendation that the Board formally establishes the Trust and appoints its members in order
to manage the Edgewood housing funds.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to authorize the Town Manager to setup a
committee of not less than five nor more than seven Trustees who shall be appointed by the Board of
Selectmen. Also to put together a roster of conditions in accordance with Massachusetts General
Bylaws, Chapter 28. Vote approved 4-0.
Board of Selectmen Minutes April 14, 2008 5
Selectmen's Planning Retreat
Chairman Caggiano suggested that the Board plan a retreat for the purpose of establishing goals the
Board would like to achieve in the upcoming fiscal year. This would be held at the Stevens Estate on a
Saturday sometime after Town Meeting a date to be determined.
TOWN MANAGER'S REPORT:
The Town has received word from the Massachusetts Department of Revenue that we will be receiving
$48,482 from the state from the Sewer Rate Relief Fund. This money will be placed into the enterprise
fund to mitigate rate increases.
The Cable Television Committee has been negotiating with Verizon regarding the terms and conditions of
the Franchise Agreement which will allow them to provide Cable TV services in North Andover. As part of
those negotiations, and to be comparable to the agreement in place with Comcast, the committee is
seeking funds for capital improvements at the Access Television Studio, the Municipal I-Net, Audio—
visual equipment in the Selectmen's meeting room and expansion of broadcast capabilities from the
Police Station and the Library.
The Merrimack Mayors and Managers Coalition has been meeting to discuss ways the legislature can be
of assistance to communities outside additional financial aid. To that end, the attached draft list of
proposal to change state laws to allow us more management flexibility has been created.
The Town Manager completed his third quarter review of Division/Department objectives for FY07. The
final review will be conducted in June/July and will be incorporated into their performance evaluation and
subsequent merit pay.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 9:15 PM.
Vote approved 4-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board