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HomeMy WebLinkAbout2009-03-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 23, 2009 Prior to the Meeting there was a swearing in ceremony for two firefighters, Kevin Farragher and Leonardo Severino, both men have completed their one-year probationary period. Family and friends were invited to the ceremony. 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; Daniel P. Lanen; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Note: Richard A. Nardella was absent EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Collective Bargaining. Vote approved 4-0. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the open session minutes of February 9, February 23, March 5, and March 9, 2009. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the executive session minutes of February 9, February 23, and March 9, 2009. Vote approved 3-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Note: Daniel Lanen recused Ratification of NEPBA Local 2 Contract Tracy Watson made a MOTION, seconded by Mark Caggiano, to formally ratify a two-year contract with the New England Police Benevolent Association (NEPBA Local 2) for the period of July 1, 2007 through June 30, 2009. Vote approved 3-0-1. Note: Daniel Lanen returned Appointments As part of a reorganization of the Youth and Recreation Departments, two boards were consolidated into one board. The Board was asked to approve the following individuals being recommended to be appointed to the Youth and Recreation Council: Peter Breen, Tom Cieslewski, Carrie Crouch, Robert Denney, Joan Heafey, Terrence Holland, John Lennhoff, William McCarthy and Helen Yang. Daniel Lanen made a MOTION, seconded by Mark Caggiano, to approve the appointments of Peter Breen, Tom Cieslewski, Carrie Crouch, Robert Denney, Joan Heafey, Terrence Holland, John Lennhoff, William McCarthy and Helen Yang to the Youth and Recreation Council. Vote approved 4-0. New Business Recognition The Board presented a Certificate of Appreciation to Verizon Wireless/Wireless Zone for locating their business in town. Board of Selectmen Minutes March 23, 2009 2 Passport Day in the USA Travel requirements are changing and all US citizens must have a passport if traveling out of the country by June 1, 2009. The Town Clerk's Office will be holding a special day for applying for passports on March 28, 2009 from 10:00 a.m. to 3:00 p.m. E-Government Award North Andover was one of 46 communities in the state to receive this honor. North Andover met specific standards regarding information provided on our website with the goal of trying to put as much information on-line as possible to assist residents and taxpayers in becoming knowledgeable about their governments. FY08 Outside Auditors Report Christian J. Rogers from Sullivan, Rogers & Company, LLC gave a summary of the auditors report for FY08. He premised his comments with there were no major management issues to report. The auditors said that the prior year management letter identified that it did not appear that expenditures were being properly allocated to the Pre-School program and, as a result, expenditures may have been erroneously recorded to other funds. The auditors recommended that procedures be implemented to ensure that all expenditures (direct and indirect) of the preschool revolving fund are properly recorded and allocated to those funds. We recommend that the Pre-school program's fee structure be designed to recover all program costs (direct and indirect). 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) Student Activity Funds b) Treasurer's Office— Vendor Bank Account Reconciliation c) Treasurer's Office— Old Outstanding Checks d) Payroll Testing e) Board of Health f) Performance Bonds g) Special Education Program—Form 1-9 Employment Verification h) Risk Assessment and Monitoring i) Financial Policies and Procedures Manual j) Financial Systems Disaster Recovery Plan k) New Accounting and Financial Reporting Requirements for Other Post-Employment Benefits (OPEB) Public Comment Rosemary Smedile announced that North Andover was featured in Boston Magazine as one of the Best Places to Live. Rosemary Smedile announced that North Andover High School will do performances of the play"Grease" this weekend March 26, 27, 28, tickets are $10. Mark Caggiano announced that the Town Election would be next Tuesday, March 31, 2009. All residents should vote for their candidate for Selectmen, School Committee, Housing Authority and Town Moderator. Rosemary Smedile announced that the League of Women Voters would hold "Candidates Night" at the Stevens Memorial Library on Wednesday, March 25, 2009 at 6:30 p.m. Board of Selectmen Minutes March 23, 2009 3 Mark Rees announced that the Department of Public Works would be holding a Public Meeting on providing sewers in specific areas of town. The meeting will be held at the Senior Center on Wednesday, March 25, 2009 at 6:30 p.m. Tracy Watson announced that the Town is sending out invitations to downtown merchants to attend a Public Meeting of the Downtown Improvement Plan being held at Town Hall on April 15, 2009 at 7:00 p.m. Mark Rees announced that the Finance Committee and School Committee would be holding a joint meeting on Tuesday, March 24, 2009 at Town Hall at 6:30 p.m. CONSENT ITEMS: Note: Daniel Lanen recused Project Life Saver The Board was asked to accept two donations in support of Project Life Saver from Mr. & Mrs. Victor Miele in the amount of$300 and from Beth Hall Vellante in the amount of$150. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve and accept the donations to Project Life Saver from Mr. & Mrs. Victor Miele in the amount of$300 and from Beth Hall Vellante in the amount of$150. Vote approved 3-0-1. Note: Daniel Lanen returned Request to Combine Positions The Library Trustees would like to combine two part-time positions into one full-time position. This would help them in their day-to-day operations and would not require additional funds for benefits. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the request from the Library Trustees of combining of two part-time positions into one full-time position. Vote approved 4-0. LICENSING: Daniel Lanen made a MOTION, seconded by Tracy Watson, to move into Licensing. Vote approved 4-0. Request to Extend the Term of Liquor License Suspension Attorney John Smolak representing Messina's Market Inc. d/b/a Messina's Liquors of 117 Main Street requested the Board to vote to extend the term of the suspension of the Messina's Liquor License through to the Board's last meeting in October 2009. Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the request to extend the term of the suspension of the Messina's Liquor License through to the Board's last meeting in October 2009. Vote approved 4-0. Imposition of three-day liquor license suspension The ABCC denied the appeal from Millennium Eatery, Inc. d/b/a Beijing Restaurant and upheld the decision by the Town of North Andover to suspend the license for a period of three days. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to suspend the liquor license for a period of three consecutive days on May 8, 9, and 10, 2009. Vote approved 4-0. Communications to License Holders The Board would like all license holders to clean and spruce up their establishments now that winter is over. The Board would send out a letter to that effect. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move out of licensing. Vote approved 4-0. Board of Selectmen Minutes March 23, 2009 4 OLD BUSINESS: Regional Emergency Dispatching Center The Essex County Sheriff's Office held a meeting to inform communities about the implementation and the creation of the Regional Emergency Communications Center on March 20, 2009. Chief Stanley, Chief Martineau and the Town Manager attended the meeting. Grant funds for this project must be spent by June 30, 2010 and have a number of conditions associated with it. The participating communities were asked to bring forward a warrant article at Town Meeting authorizing their municipality to participate in the RECC. In discussion with both Chiefs, the Town had not yet started an in depth analysis of whether or not the RECC as presently proposed was in North Andover's best interest, having just received detailed information this past week. He would objectively look at the positive and negative aspects of joining the RECC and would report to the Board of Selectmen in the near future. Preparation for May 12, 2009 Annual Town Meeting The Town Manager said he was in the process of finalizing wording on various articles and would review them with the Board. In addition, the Board may want to consider adding additional articles, but would have to open the warrant to add them and then close the warrant. The Town Manager discussed with Labor Counsel about adding the following article: The Town would adopt a new local option, G.L. c. 32B § 18A that allows local governmental units to enroll retirees eligible for the federal Medicare Part B program without penalty. Mark Caggiano proposed to add an article to the warrant to adopt a similar formula as the ABCC to charge fines to license holders who violate rules and regulations instead of a suspension of a license. This would bring in funds to the Town and the establishment would still be able to operate without a suspension of its license. Mark Caggiano made a MOTION, seconded by Tracy Watson, to open the warrant. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Tracy Watson, to petition the Legislature to adopt a formula similar to the ABCC to charge fines to liquor license establishments who violate rules and regulations instead of a suspension of a liquor license. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Tracy Watson, to create a new local option, G.L. c. 32B § 18A that allows local governmental units to enroll retirees eligible for the federal Medicare Part B program without penalty. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Tracy Watson, to close the warrant. Vote approved 4-0. Water and Sewer Enterprise Funds At the Board's last meeting the Town Manager presented his recommendations for the Water and Sewer Enterprise Fund expense budgets. Tonight the Board was asked to vote on the expense portion of the budget so that it can be forwarded onto the Finance Committee. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the expense portion of the Water and Sewer Enterprise Fund budgets and to forward to the Finance Committee. Vote approved 4-0. NEW BUSINESS: Extension of Solid Waste Disposal Contract The Department of Public Works has been successful in negotiating a decrease in the per ton tipping fee the Town pays Wheelabrator for disposing of our trash resulting in an estimated savings of$80,000 in the Board of Selectmen Minutes March 23, 2009 5 next fiscal year as well as very reasonable tipping rates for FY11 to FY13. The Town Manager wanted to review it with the Board prior to execution and asked the Board to approve and authorize his signing this contract with Wheelabrator. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve and authorize the Town Manager to sign the contract with Wheelabrator. Vote approved 4-0. Note: Daniel Lanen recused Landlord Notification Policy Selectmen Smedile and Watson working with the Police Department drafted a policy that would require the Police Department to provide notice within 48 hours to property owners when their tenants are arrested while on their property. All the information provided is public information and the Town's insurance carrier has signed off on the policy so long as it is consistently applied. Mark Caggiano made a MOTION, seconded by Tracy Watson, to adopt the Land Lord Notification Policy as written. Vote approved 3-0-1. Note: Daniel Lanen returned TOWN MANAGER'S REPORT: The Massachusetts Department of Housing & Community Development notified the Town of North Andover that the Town was certified as being in compliance with our Affordable Housing Plan. As such, the Town for the next year has the flexibility to deny 40B projects if we find them not in the best interest of the Town. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Daniel Lanen, to adjourn the meeting at 9:15 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Mark Caggiano, Clerk of the Board