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Home My WebLink About2008-10-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 20, 2008 CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 6:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Mark J.T. Caggiano Clerk; Richard A. Nardella, Licensing Chairman; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Richard Nardella, to move into Executive Session to discuss pending legal matters, bargaining with union and non-union employees and land acquisition. Vote approved 4-0. Daniel P. Lanen arrived after the vote. PLEDGE OF ALLIGIANCE APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes as written of October 6, 2008. Vote approved 4-0-1. Richard Nardella abstained. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the Executive Session Minutes as written of October 6, 2008. Vote approved 3-0-2. Richard Nardella and Daniel Lanen abstained COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition Stachey's Pizza was recognized and presented with a Certificate of Appreciation for locating their business in North Andover. Capital Planning Building Committee The Board was requested to approve the appointments of Jim Xenakis and Dave Mermelstein to this committee. Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the appointments of Jim Xenakis and Dave Mermelstein to the Capital Planning Building Committee. Vote approved 5-0. Downtown Improvements Outreach Program Community Development Director Curt Bellavance and Public Works Director Bruce Thibodeau will be holding a downtown workshop on Monday, November 10, 2008 at 7:00 p.m. The presentation will consist of two topics; roadway improvements and potential design and zoning changes. Project Life Saver Inauguration Ceremony The Commission on Disabilities announced an event scheduled for November 7, 2008, at Town Hall, from 1:30—2:30 p.m. for the Project Life Saver Inauguration Ceremony. The Commission thanks the generosity of the many businesses and organizations for their donations. Peoples Pantry Collection Selectman Caggiano requested permission to put donation boxes in Town Hall and other public buildings so that the public can donate can goods and dry goods for the Peoples Pantry. Selectmen agreed that this was a good idea to help people in need. Public Comment Firefighter Barry Sullivan asked if the Selectmen were concerned with the ballot question #1 about doing away with state taxes and what stand the town has taken. Board of Selectmen Minutes October 20, 2008 2 Mark Caggiano and Richard Nardella said that they do not support question #1 on the election ballot because it would be devastating to local aid to cities and towns. Michael Reed of 42 Stonington Street asked the Board if question #1 passes, what impact does it have on the town's budget. Town Manager Mark Rees said that it is too early to forecast what cuts would take place and what the impact would be. The town would have to deal with it when and if it happens and if the legislature would actually enact it. Marathon Runners The Town Manager Mark Rees commended three North Andover men for running in the Bay State Marathon; Daniel Lanen, Al Manzi III, and Scott Masse. CONSENT ITEMS: Cambridge Sports Union 20th Annual Rollerski Race Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the request by Cambridge Sports Union for permission to hold the 20th Annual Rollerski Race on November 2, 2008, at 9:30 a.m. Vote approved 5-0. Elections Evacuation and Handicap Parking Plan Town Clerk Joyce Bradshaw said that the State Elections Division suggested that the Board of Selectmen adopt an evacuation plan and designate potential alternate voting sites in case of an emergency. The primary alternative polling site would be Merrimack College; Town Hall and the Senior Center would be secondary sites. The Board was also requested to designate an additional 24 handicap parking spaces for Election Day only at the side of the North Andover High School Field House. Tracy Watson made a MOTION, seconded by Daniel Lanen, to adopt the suggested evacuation plan at the polling location in case of an emergency and designate Merrimack College as the alternative site. Vote approved 5-0. Tracy Watson made a MOTION, seconded by, Mark Caggiano to designate alternative polling sites and also designate an additional 24 handicap parking spaces at the North Andover School Field House. Vote approved 5-0. Holiday Parade Event Permit...November 29, 2008. Sgt. Foulds and the Festival Committee requested that the Board approve the request to use Main Street and Sutton Street on November 29, 2008 from 12:00—2:00 p.m. for the annual Christmas Holiday parade. Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the request to hold the Annual Christmas Holiday parade on November 29, 2008. Vote approved 5-0. LICENSING: Daniel Lanen made a MOTION, seconded by Richard Nardella, to move into Licensing. Vote approved 5-0. One-Day Wine & Malt Licenses from Merrimack College Merrimack College requested several one-day wine &malt licenses for various dates. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the following one-day wine & malt licenses: Merrimack College Federal Credit Union Pre-Holiday Reception—Thursday 11/20/08, at Cascia Hall 5:00—8:00 p.m. Board of Selectmen Minutes October 20, 2008 3 Merrimack College Blue Line Club Hockey Games—Volpe Athletic Center, 6:00—10:00 p.m. (not continuous 6:00 to 7:00, between periods and for one hour following the game on the following eight dates: 10/31/08, 11/14/08, 11/25/08, 12/7/08, 01/16/09, 01/30/09, 02/13/09, 02/27,09. Licensing Chairman Richard Nardella and Mark Caggiano were concerned with giving the college too many one-day licenses at one time and the layout of the club area from the hockey arena. They asked for details of how the club is laid out and how it was run. Representatives from Merrimack College explained that the Blue Line Club is a private club established in 2001 for college donors and alumni and invited guests. Members pay a yearly membership and have a membership card. No one is admitted into the club unless they show their membership card and it staffed by Marriott employees who are TIP certified. It is a very controlled area and food and alcohol is not permitted beyond the club area. Selectman Tracy Watson asked if Merrimack College should apply for a Club License since they are requesting so many one-day license dates in the future. Licensing Chairman Richard Nardella suggested that the selectmen would grant Merrimack College a one-day malt&wine license for the October 31, hockey game and before the board's next meeting on November 3, 2008, provide a schematic sketch of the Blue Line Club, provide a security plan and setup a visitation for the Selectmen to see the lay out of the building Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve a one-day wine & malt license for the Blue Line Hockey Club for October 31, 2008. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. OLD BUSINESS: FY09 Budget The Town Manager briefed the Board on the current status of the Town's FY09 budget. The Governor announced cuts to state government last week and these cuts do not affect Lottery aid and chapter 70 aid to local cities and towns. But other cuts would be impacted by the recent budget reductions implemented by the Governor. The Town Manager provided a spreadsheet with revenue sources impacted by economic factors from FY08 and FY09. NEW BUSINESS: Forgetta Farms Attorney John T. Smolak and his client Forgetta Development, LLC requested the current Board of Selectmen to reconfirm the decision of a prior Board of 1999, not to exercise the right of first refusal to purchase land under Chapter 61 A. The Town and Fogetta Development LLC were unable to find a letter that was supposed to be written in 1999 to confirm a vote of the Board of Selectmen. A certified copy of the minutes of November 1, 1999, provided proof that the Board of Selectmen voted not to exercise the Town's option under Chapter 61 A. Tracy Watson made a MOTION, seconded by Richard,to write a letter confirming that the Town voted to not exercise its right of first refusal to purchase the subject property. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Charter requires that by November 1St that the Board of Selectmen issue of Budget Policy Statement that"shall the outer limits of possible budget growth for the town". Given the extreme economic uncertainty currently impacting our Nation and the Commonwealth, The Town Manager would suggest that determining, at this time, what our budget growth in FY10 with any sense of accuracy would be difficult if not impossible. As such, the Town Manager recommend that the Board delay issuing this policy statement until such time as the Revenue and Fixed cost committee can complete its work on preparing projections for FY10. Board of Selectmen Minutes October 20, 2008 4 For the second year, the Merrimack Valley Planning Commission is offering a four-session course for citizen volunteers who sit on land use boards. The sessions begin on January 5. The American Red Cross will hold their Annual Salute to Military Veterans and their families on Monday, November 3, 2008 at the Wyndham Andover at 7:00 a.m. Selectmen are invited to attend. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Richard Nardella, to adjourn the meeting at 9:30 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Mark Caggiano, Clerk of the Board