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Home My WebLink About2008-11-17 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 17, 2008 CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Richard A. Nardella, Licensing Chairman; Daniel P. Lanen; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Absent, Mark J.T. Caggiano Clerk EXECUTIVE SESSION: Richard Nardella made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Collective Bargaining. Vote 4-1 PLEDGE OF ALLIGIANCE APPROVAL OF MINUTES: Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the Open Session minutes of November 3, 2008. Vote approved 4-0. Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the Executive Session minutes of October 20, 2008. Vote approved 3-0-1. Daniel Lanen abstained. Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the Executive Session minutes of November 3, 2008. Vote approved 3-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Two items were TABLED and until the next meeting; Trails Kiosks and Pole Petition #5421772. One item was Added to Agenda; Ratification of Collective Bargaining Contracts Celebration of the Arts: North Andover Schools Enrichment Council Kristen Hollenbeck of the North Andover Schools Enrichment Council requested the Board's endorsement of a proposal to create a "town-wide celebration of art"titled "Knight Lights" on January 25, 2009 between the hours of 4:00—7:00 p.m. Tracy Watson, made a MOTION, seconded by Richard Nardella, to endorse the "Knight Lights"town-wide celebration of art of January 25, 2009. Vote approved 4-0. Appointment: Youth Services Board — Robert F. Denney, Jr. The appointment sub-committee recommended that Robert F. Denney, Jr. be appointed to the Youth Services Board. Tracy Watson made a MOTION, seconded by Richard Nardella, to appoint Robert F. Denney, Jr. to the Youth Services Board. Vote approved 4-0. Note: Selectman Caggiano arrived at 8:10 p.m. Government Review Committee The Co-Chairs of the Government Review Committee Robert Ercolini and Susan Haltmaier provided the Board with an update on the committee's activities to date and explained the reasons behind their request for an extension to complete their work. The committee would be ready to make recommendations with an interim report to the Town Charter at the Annual Town Meeting in May 2009 and requested an extension of time for a full report to be given at the Annual Town Meeting in May of 2010. Board of Selectmen Meeting Minutes November 17, 2008 2 Richard Nardella made a MOTION, seconded by Tracy Watson, to give the Government Review Committee an extension of time for a full report to be given at the Annual Town Meeting in May of 2010, with an interim report due on May 2009. Vote approved 5-0. Selectman Rosemary Smedile requested donations for"Adopt a Wreath"for decorating the downtown for the holidays. Robert Ercolini asked questions concerning the School Committee's ability to sign union contracts and if Town Meeting had to approve such contracts. Note: Daniel Lanen recused CONSENT ITEMS: Appointment of Acting Police Sergeant Chief Richard Stanley requested the Board to appoint Inspector Gene Salois as Acting Police Sergeant. This appointment is necessary to reduce overtime and to provide adequate supervision during an anticipated extended leave of a current police officer. Richard Nardella made a MOTION, seconded by Tracy Watson, to appoint Inspector Gene Salois as Acting Police Sergeant. Vote approved 4-0. Note: Daniel Lanen returned Ratification of Collective Bargaining Contracts Assistant Town Manager Ray Santilli announced that the Town settled contracts with two unions, the AFSCME Public Works and the Professional Librarians for two-years covering the period of July 1, 2007 through June 30, 2009, with a wage increase of 2.5% for July 1, 2007 and a wage increase of 0% for July 1, 2008. The Board was asked to ratify formally and sign the contracts. Mark Caggiano made a MOTION, seconded by Richard Nardella, to ratify and sign a contract with the AFSCME Public Works for two-years July 1, 2007 through June 30, 2009. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Richard Nardella, to ratify and sign a contract with the Professional Librarians for two-years July 1, 2007 through June 30, 2009. Vote approved 5-0. LICENSING: Mark Caggiano made a MOTION, seconded by Richard Nardella, to move into Licensing. Vote approved 5-0. Application for Common Victualler License: Luci's Cafe Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Common Victualler License for Luci's Cafe contingent on final approval by all town departments. Vote approved 5-0. Beer and Wine License: Merrimack College, November 25, 2008 Merrimack College Director of Marketing Dean O'Keefe requested a one-day beer and wine license for the Blue Line Club Hockey Games at the Volpe Athletic Center. The Town Manager said that at the Board's last meeting Merrimack College was asked to provide advice from the college's legal counsel on how this facility would be able to work out the issues of applying for a club license vs. continuous one-day licenses. As of yet the college has not come forth with this information. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve a one-day license for November 25, 2008 and December 7, 2008 for the Blue Line Club Hockey Games and ask that the college contact legal counsel and how this facility would be able to work out these licenses. Board of Selectmen Meeting Minutes November 17, 2008 3 Daniel Lanen made a friendly AMENDMENT, seconded by Tracy Watson, to approve a one-day license for only November 25, 2008 and to come back to the next meeting with legal counsel with a resolution or decision. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Special Municipal Employee Designation: Wireless Bylaw Review Committee Town Counsel Thomas Urbelis provided information from the Ethics Commission concerning Special Municipal Employees. Municipal employees are considered "Special employees" if: a. their municipal position is uncompensated, or they work for the municipality for less than 800 hours a year, or they hold a contract or position, which allows for private employment during "normal working hours"; b. they hold a position which the board of selectmen have designated to be a "special municipal employee" position; and c. they are not the Mayor, nor a member of the city council, board of selectmen or board of aldermen. Also note that the terms "participation" and "official responsibility" are broadly defined in the statute. "Participation" includes: giving advice or making recommendations: drafting or revising; approving or disapproving' declining to act; delegating; investigating; and otherwise personally affecting a matter. "Official responsibility" is defined as the ability or opportunity to approve, disapprove or otherwise direct an action, and includes: instances where the employee is an intermediate decision maker; instances where the employee is the final authority; and instances where the authority is not exercised personally, but rather through subordinates. A matter may be considered under an employee's "official responsibility" even if he or she abstains from participating in it. Richard Nardella made a MOTION, seconded by Tracy Watson, to designate members of the "Wireless Bylaw Committee" as special municipal employees. Vote approved 4-0. Mark Caggiano abstained. Richard Nardella made a recommendation for the Town Manager to review and update other boards and committees and designate "special municipal employee"where needed. This could be presented at the Board's next meeting. Preparation for Annual Town Meeting: Review of Non-Monetary Articles The Town Manager requested that the Board review the non-monetary Articles for May 2009 Annual Town Meeting. The Board made comments on the Articles and voted on the first two articles as follows: Mark Caggiano made a MOTION, seconded by Tracy Watson, to resubmit by December 1, 2008, Article 1, Amend vote, Article 42, 1997 Annual Town Meeting, Removal of Development Restrictions (approved at May 2008 Town Meeting, but was not approved by legislature and to Petition the Legislature—Special Act to Exempt Town from portions of Prevailing Wage Law (approved at May 2008 Town Meeting, but was not approved by legislature. Vote approved 5-0. NEW BUSINESS: Property Tax Classification Workshop The Board of Selectmen conducted a workshop at their November 17, 2008 meeting where the Board of Assessors provided some preliminary information on the various options and impacts regarding property tax classification. The Board is requested to vote on this matter at their next meeting on December 1, 2008. Suburban Coalition Position Paper The Suburban Coalition, of which North Andover is a member, has prepared a position paper highlighting legislative action that would benefit communities such as North Andover and other similar towns. The Board of Selectmen Meeting Minutes November 17, 2008 4 Town Manager asked the Board to review the list of fiscal relief measures and draft a letter to the legislators asking their support in moving these proposals forward. The Board authorized the Town Manager to draft a letter to the Suburban Coalition in support of possible measures of concern for the Town of North Andover. Selectman Rosemary Smedile said she is working with other communities as a coalition to initiate a pilot program, whereby the coalition is proposing to the State Secretary of Finance to have a state consultant work with the communities to look at saving money on energy and purchasing in bulk. Selectmen Smedile will keep the Board informed of any progress. TOWN MANAGER'S REPORT: The Town Manager announced that James Gordon has been appointed to the Finance Committee. Selectman Caggiano, Nardella and Watson will be at the School Committee Meeting on Thursday, November 20, 2008, for the voting of the School Teachers contract. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Daniel Lanen, to adjourn the meeting at 9:45 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Mark Caggiano, Clerk of the Board