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HomeMy WebLinkAbout2009-08-03 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 3, 2009 CALL TO ORDER: Chairman Tracy M.Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLEGIANCE ATTENDANCE: The following were present: Tracy M.Watson, Chairman; Daniel P. Lanen, Vice Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman;William F. Gordon; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Executive Session to discuss collective bargaining and negotiations with non-union employees. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the minutes as follows: June 29, 2009, Open Session as amended. Vote approved 5-0. June 29, 2009, Executive Session as written. Vote approved 4-0-1. Daniel Lanen abstained. July 6, 2009, Executive Session as written. Vote approved 4-0-1. Daniel Lanen abstained. July 13, 2009, Open Session as written. Vote approved 4-0-1. Richard Nardella abstained. July 13, 2009, Executive Session as written. Vote approved 4-0-1. Richard Nardella abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition: Baystate Biofuels A certificate of recognition was presented to Baystate Biofuels for located their business in North Andover. Certificate of Appreciation: Wiggles and Jiggles Pet Care A certificate of appreciation was given to the proprietor of Wiggles and Jiggles Pet Care for donated four sets of pet oxygen masks and$100 to the Police Department K-9 unit. National Night Out The Police Department, along with Neighborhood Crime Watch members, local businesses and Woodridge Homes, will be hosting the National Night Out event on August 4, 2009, from 6:00—8:30 p.m. at Hayes Stadium on the grounds of the North Andover Middle School. Board of Health: Dr. Thomas Trowbridge Dr. Thomas Trowbridge gave an update on what steps have been taken by the Board of Health and the State of MA to address the matter of the H1 N1 flu. The Town Board of Health is working closely with Federal and State departments to insure the safety of all its residents. Announcement- Police Chief The Town Manager announced that the Board of Selectmen during Executive Session voted to endorse Police Chief Richard Stanley to take a temporary part-time position as administrative/consultant interim police chief for the Town of Wareham. There are conditions to being allowed to serve in Wareham such as using vacation time, providing his own transportation, and providing a written schedule of when he will be away from North Andover and working in Wareham. He will also discontinue his role with NEMLEC. This working arrangement would be review within 60 days. Andover/North Andover Competition The Town Manager announced that there is another competition for the two towns. The Eagle Tribune initiated a competition for the Towns at the Manchester Fisher Cats vs. Portland Sea dogs Baseball game. Whatever Town sells the most tickets to the game that Town Manager would throw out the first pitch of the game. A portion of the tickets around $3.00 of the proceeds sold in North Andover would go to the North Andover Youth Services Department. Board of Selectmen Minutes August 3, 2009 2 CONSENT ITEMS: Declaration of Use Covenants pursuant to Article 44, 2008, Annual Town Meeting When the Town approved the zoning change for a parcel of land on turnpike Street(Rte. 114)at the intersection of Sharpners Pond Road, the owner also agreed not to allow certain uses to go with that land. The Board of Selectmen was requested to formally accept those restrictions by signing the enclosed covenant documents. Rosemary Smedile made MOTION, seconded by William Gordon, to accept and sign the restrictions of the Declaration of Use Covenants pursuant to Article 44, 2008, Annual Town Meeting. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move into Licensing. Vote approved 5-0. LICENSING: Rosemary Smedile made a MOTION, seconded by William Gordon, to open a Public Hearing. Vote approved 5-0. Public Hearing: Bertucci's Restaurant Corporation Attorney Joseph Devlin of Demakis Law Offices, P.C. representing Bertucci's Restaurant Group is seeking permission from the Town of North Andover Licensing Commission to transfer stock from its grandparent company of licensee to several investment entities. The Alcoholic Beverages Control Commission has exercised its oversight of this matter and has stated that the contemplated transaction is consistent with state law. Rosemary Smedile made a MOTION, seconded by William Gordon, to close the Public Hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the transfer of stock for Bertucci's Restaurant Group. Vote approved 5-0. Camelot Building Association: Change of Manager Camelot Building Association requested permission to change its manager from Harold Johnson to William J. Scione, Jr. All departments have reviewed this petition and have no objections. Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the change of manager for the Camelot Building Association from Harold Johnson to William J. Scione, Jr. Vote approved 5-0. Culpeppers Grille: —Alter Premises Mr. James Tringale, proprietor of Culpeppers Grille came before the Board to discuss alterations to his existing restaurant. Mr. Tringale has done preliminary work such as painting and is in the process of expanding an outside deck for seating. He will provide plans and specs for the Board in the future. The Board of Health recommended that he contact the Licensing Commissioners and request permission about an existing refrigeration unit stored outside the restaurant for storing kegs of beer. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to approve the use of the outside refrigeration unit to solely store kegs of beer. Vote approved 5-0. Andover Flower Farm and Country Store—Unused Liquor License No one from the establishment came to the meeting. The Board suggested that the Town Clerk's office send out another letter informing the owners of Andover Flower Farm and Country store to come before the Licensing Board at their next meeting on September 8, 2009. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Request to Use Town Common: Pro-Active Networking Club on Sept. 27 or Oct. 4, 2009 Jane Williams is requesting permission to hold a fundraiser"Fall Festival" on behalf of her daughter Justine Williams at the Town Common on Sunday, Sept. 27 or Sunday, Oct. 4, 2009. Board of Selectmen Minutes August 3, 2009 3 Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the event as a fundraiser and naming rights. Vote failed 2-2-1. Rosemary Smedile and William Gordon opposed and Tracy Watson abstained. The Board discussed various options and alternative sites for this type of fundraiser and suggested that the name of the event be changed eliminating the word"Festival" as not to be associated or confused with the Town's Festival Committee. William Gordon made a MOTION, seconded by Rosemary Smedile, to authorize the Town Manager to setup a meeting with Rick Gorman and Jane William and associates to look at alternative sites for this event. Vote approved 4-0-1. Tracy Watson abstained. Bradstreet School Parking DPW Director Bruce Thibodeau sent notices to all the abutters on Saunders Street and Cleveland Street providing them with information on the parking proposal and asking for comments. There was only one response with a minor question. There is sufficient room for two way traffic of about 28 feet which would allow two way traffic and the posted parking on the west side of Saunders Street only. If the Board would want to re-consider an alternative to widen the entrance way off of Main Street providing vehicular as well as pedestrian access to the site from Main Street. This would require disturbing 11 feet of the play area, paving the area, and widening the fence opening. This would cost an additional $5,000 over the original cost. The Board discussed this and decided to go with the original proposal with access on Saunders Street. At this time the Board wants the best use of this area for the least amount of money. No Action taken. NEW BUSINESS: Local Option Meals Tax The State Legislature recently passed legislation that allows municipalities the option of increasing the tax on meals by 0.75% and for those funds to go back to the taxing community. If the Town of North Andover adopted this legislation the pro-rated revenue from this optional tax for FY09 would be$244,021. Adoption must be done by the municipalities' legislative body, which in North Andover's case is Town Meeting. The Town Manager addressed a question from a previous meeting that there is no negative action against a town or city that does not increase the Local Option Meals Tax. Dog Park Proposal Ms. Mary Schwalm presented a written proposal with ideas for establishing a dog park in North Andover. A proposed location, costs for fencing approximately$7,000, fundraising by residents and local businesses and the benefits The Board was receptive to the idea and suggested that she work with the Town's Planning Board to find an ideal location for the dog park. Report of Sale of Water DPW Director Bruce Thibodeau, at the Board's request, gave the Board a report on potential revenue from the sale of water to reduce expenses or increase revenues. Neighboring communities such as Methuen, Haverhill and Lowell charge from$30 to$50 a truck load. Methuen has loaded 580 trucks(6000 to 8000 gal per truck) earning$33,000 to date, which is$0.0075 to$0.0056 per gallon of water sold. North Andover could sell water at$0.0051 and$0.0074 per gallon. There are issues associated with access to the Water Treatment plant site and a major concern is the number of trucks associated with this type of operation is around 750 trucks(the size between 60-70 feet long) entering the site and queued to fill up. The site is not conducive to maneuvering and queuing large trucks particularly since in all likelihood there will be more than one truck at a time. Also the neighborhood is not accustomed to this type of truck traffic and the truck weight would exceed the posted limit on Great Pond Road. Selectmen decided that this would not be in the Town's best interest due to the site constraints and the geographical location of the Town's Water Treatment plant facility. Goal Setting Workshop Meeting The Town Manager and the Board set a date for the Board's FY10 Goal Setting Workshop. The Board will meet at the Stevens Estate on Saturday, September 19, 2009 from 8:00 a.m.-12:00 p.m. Board of Selectmen Minutes August 3, 2009 4 TOWN MANAGER'S REPORT: • Police Station Update: The Police Station Building Committee, in conjunction with the Project Manager and Project Architect, has completed the process of designing the renovations for the building and prioritizing alternatives. The project is currently out to bid and advertised in the Central Register. Per the enclosed time line, filed sub bids are due by August 19th and General Contractor bids are due September 2nd, with the award of the contract to take place on September 10th. It is estimated that construction will then take place over the next 12 months. • Stevens Estate Management RFP Update: The first time the Town issued this RFP it only received one proposal that was disqualified for not being responsive. Subsequent to that issuance, Purchasing Director Joe Lydick made contact with a company that provides the type of services we are requesting and who is interested in submitting a proposal. As a result, the RFP has been reissued with a bid deadline of August 18th, 2009. • Stevens Estate Cell Tower Lease: The lease document has been issued by the Town and is currently being reviewed by MetroPCS legal department. Once that is complete, this matter should be before the Board of Selectmen at your next meeting for approval. • FY09 Objectives Report: The Town Manager gave a report on progress made by Town Departments in achieving the goals set by the Board of Selectmen for FY09. • FY08 Management Report Update: The Town Manager provided an update on progress made by responsible departments in addressing recommendations made in the FY08 Auditor's Management Report. • Please note that the next Selectmen's Meeting is scheduled for Tuesday, September 8, 2009. Richard Nardella made a MOTION, seconded by William Gordon, to move back into Executive Session to discuss collective bargaining and negotiations with non-union employees and the Board would not be returning to Open Session. Vote approved 5-0. ADJOURNMENT: William Gordon made a MOTION, seconded by Daniel Lanen, to adjourn Executive Session at 11:15 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board