HomeMy WebLinkAbout2009-11-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 9, 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.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 5-0.
EXECUTIVE SESSION:
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Executive Session to
discuss Union Collective Bargaining, Non-Union Bargaining, and Real Estate Matters. Vote
approved 5-0.
APPROVAL OF MINUTES:
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Open Session
minutes as written for October 19, 2009. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Executive Session
minutes as written for October 19, 2009. Vote approved 4-0-1. Daniel Lanen abstained.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Reserve Police Officers Swearing in Ceremony
The following Reserve Police Officers were sworn into office by the Town Clerk Joyce Bradshaw: Michael
Wilson, Steven Corr, Robert Holland, Julie Nigro, Gregory Brown, Christopher MacDonald, Michael
Readon, and Christopher Smedile.
Certificate of Appreciation —Fire Union for work on Grogan Field House
A Certificate of Appreciation was given to the Fire Union Local 2035 for all their work done on the Grogan
Field House, Inc.
New Business Recognition
A Certificate of Appreciation was given to Distinctive Window Coverings by Blinds Unlimited, Inc. for
locating their business at 123 Main Street, Suite C2 in North Andover.
First Quarter Financial Report—Town Accountant
Town Accountant Lyne Savage gave an update on the first quarter financial report. Tax Revenue
collections are at 24.5% which is in line with this same time last year. Motor vehicle is at 6.9% collected
compared to the same time last year which was at 8.8%. Although some revenues are running below the
target percentage of 25% in aggregate they are at 23.3% which is in line with the same time last year.
Departments such as Building, Plumbing and Electrical are bringing revenue fees higher than compared
to last year. The Water revenues collections are at 20.20% with expenditures running at 28.7%with
Sewer revenues collected at 23.9% and expenditures at 26.1%. The Stevens Estate has been operating
at a loss for the last couple of years.
Board of Selectmen Minutes November 9, 2009 2
Note: Daniel Lanen recused
Police Chief Report
The Town Manager said that he has had no problems with the performance of Police Chief Richard
Stanley since he has taken on added responsibility of Interim Police Chief in the town of Wareham. He
always makes himself available 24/7. Chief Stanley has not shirked his responsibilities to the Town of
North Andover and has been able to keep up with all of his assignments and responsibilities without over
burdening my Division Commanders.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to review this situation based on
another report in 60 days. Vote approved 4-0.
Note: Daniel Lanen returned
CONSENT ITEMS:
Appointment - Poet Laureate Committee; Gerry Sanford
William Gordon made a MOTION, seconded by Rosemary Smedile, to appoint Gerald A. Sanford to the
Poet Laureate Committee. Vote approved 5-0.
Winter Parking Ban
The Police, Fire and DPW departments recommended approval of the Winter Parking Ban which is the
same as last year.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Winter Parking Ban
order for the months of December, 2009 and January, February and March 2010 as written. Vote
approved 5-0.
Parade/Event Permit: Veterans Day Observances, November 11, 2009
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the issuance of a parade
and event permit to the Patriotic Observance Committee for a parade and ceremony to be conducted on
November 11, 2009 from 10:00 a.m. to 12:00 noon. Vote approved 5-0.
Parade/Event Permit: Holiday Parade, November 28, 2009
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the issuance of a parade
and event permit to the North Andover Festival Committee and North Andover Police Association for a
parade to be held on November 28, 2009, from 11:00 a.m. to 2:00 p.m. conditioned upon candy being
distributed only by hand, not thrown, and that all participants under the age of 15 who are riding on a
float, trailer or vehicle be properly seated and secured without appendages extended over the sides of the
equipment. Vote approved 5-0.
Use of Town Common —Sheep Shearing Festival, May 23, 2009
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve an event permit on May
23, 2010 and a street closing permit on Massachusetts Avenue from Osgood Street to Academy Road on
May 23, 2010 from 7:00 a.m. to 4:00 p.m. to the North Andover Festival Committee for the purpose of
conducting the annual Sheep Shearing Festival, provided that the Festival Committee review their plans
with the Town Manager or his designee, for emergency access, on street and off street parking, and
vehicle access to the Common. Vote approved 5-0.
Acceptance of Donation: Partner's Community Health Care
William Gordon made a MOTION, seconded by Rosemary Smedile, to gratefully accept the generous
donation of$5,000 from Pentucket Medical Associates to be used to improve and maintain Town athletic
fields and to direct the Town Manager to send a letter to them expressing the Board's sincere
appreciation for their generous donation. Vote approved 5-0.
Board of Selectmen Minutes November 9, 2009 3
Affordable Housing Unit—Resale: 3 Harvest Drive
William Gordon made a MOTION, seconded by Rosemary Smedile, not to exercise its right of first refusal
to acquire the affordable housing unit at 3 Harvest Drive, Unit 105, Oakridge Village and to authorize the
Citizen's Housing and Planning Association (CHAPA)to locate a new buyer who will maintain the
affordability designation of the unit. Vote approved 5-0.
Acceptance of In-Kind Donation: Landscaping at Police Station
William Gordon made a MOTION, seconded by Rosemary Smedile, to gratefully accept the generous in-
kind donation from Genco & Sons Hardscapes to maintain the police department grounds at no cost to
the Town, to allow the installation of a small sign at the site recognizing this company for their donation
and to direct the Town Manger to send a letter to them expressing the Board's sincere appreciation for
their generous donation. Vote approved 5-0.
LICENSING:
Change of Manager: Bertucci's Restaurant
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Licensing. Vote
approved 5-0.
Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to approve the change of manager to
Steven Gerrish at their location at 435 Andover Street, Bertucci's Restaurant Group. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote
approved 5-0.
OLD BUSINESS:
FY2011 Budget Policy Statement
The Board reviewed this policy statement at previous meetings and was asked to submit changes and
revisions that have been incorporated into this document. The Board was requested to vote on this final
document at this time. Richard Nardella asked the Board to wait until his proposed additional edits and
changes were added, but these were submitted after the deadline. The Board suggested moving
approval of the document today and to consider Selectman Nardella's changes.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the FY11 Budget Policy
Statement. Vote approved 4-1. Richard Nardella opposed
Note: Daniel Lanen recused.
Police Policies and Procedures
Chief Richard Stanley and the Police Department requested the Board's approval of six additional policies
in the continuing process of Certification.
Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the six additional policies
and procedures for Certification namely, Uniforms and Equipment, Internal Affairs, Behavioral Standards,
K-9 Units, Training and Line of Duty Death or Serious Injury. Vote approved 4-0.
Note: Daniel Lanen returned.
Wireless Facilities Bylaw Revision Draft
Town Counsel Thomas Urbelis and Town Planner Judy Tymon were present to review a preliminary draft
of a revised wireless facilities bylaw proposal and answer any questions. This revised proposal takes an
affirmative approach rather than a restricted approach. Town maps were created with a legend showing
where current wireless carriers were located and potential districts for additional wireless facilities that
would be the least intrusion from residential areas. With the advancement in technology Carriers would
be approaching the town for 4G networks.
Board of Selectmen Minutes November 9, 2009 4
After a discussion the Board suggested a similar presentation be done with the Planning Board and to get
their input and bring back any comments to the Board of Selectmen. The Board thanked Judy Tymon
and Thomas Urbelis for all the work that had gone into this preliminary draft proposed bylaw.
FY10 Budget and Memorandum of Agreement
The Town Manager received word that an additional $86,000 in state aid would be cut, but still a relatively
small portion of our overall budget (0.7%). In discussion with the Department of Revenue, they said they
would approve our tax recap submission and not require us to hold a town meeting if the Board of
Selectmen and the School Committee agreed to sign a Memorandum of Agreement setting up a reserve.
The Finance Committee endorsed this and the Superintendent and the School Committee will be taking
this up at the meeting on Thursday, November 12, 2009.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to endorse this Memorandum of
Agreement. Vote approved 5-0.
Bradstreet School Parking Regulations
The DPW has completed necessary improvements to the Bradstreet School lot to allow for off-street
parking with access from Saunders Street. It is proposed that parking in the lot not be allowed overnight.
In order for that restriction to be enforceable the Board needs to vote its approval of a no overnight
parking restriction.
Daniel Lanen made a MOTION, seconded by William Gordon, to prohibit overnight parking in the
Bradstreet School lot. Vote approved 5-0.
Town Manager's Contract
The Town Manager's contract subcommittee consisting of William Gordon and Rosemary Smedile
recommended a three-year contract for the Town Manager. Key elements are that the Town Manager
waived his 3% salary increase for last year and no salary increase for this year in the new contract
however there will be a salary reopener for years 2 and 3, and increase in vacation from 4 weeks in the
year one to 5 weeks in year two and three.
The Board said that the Town Manager has lead by example giving up his salary increase and one of the
few Towns that did not have to layoff employees because of his fiscal prudence.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Town Manager's
three year contract. Vote approved 5-0.
NEW BUSINESS:
Term Limits for Appointed Town Board Memberships
At a prior meeting, town Counsel was requested to provide guidance to the Board as to how term limits
could be imposed on appointed land use boards.
Town Counsel Thomas Urbelis provided information how the Board of Selectmen could impose term
limits by a vote of the Board of Selectmen, by a duly enacted Charter change, or a vote to add a new
general bylaw change. This was for discussion purposes only.
The Town Manager suggested working with the Chairman Tracy Watson and Selectman Gordon to focus
on decision points and bring this back to the Board at a later meeting for further discussion.
TOWN MANAGER'S REPORT:
Selectmen/Division Directors Holiday Breakfast
Rosemary Smedile made a MOTION, seconded by William Gordon, to hold the Selectmen/Division
Director Holiday Breakfast on Thursday, December 17, 2009, from 7:30 a.m. to 9:30 a.m. Vote approved
4-1. Daniel Lanen opposed.
Board of Selectmen Minutes November 9, 2009 5
Dental Insurance Proposals
The Town is currently exploring the possibility of allowing our employees to participate in a group dental
plan. The cost would be borne 100% by the employee, but they would see advantages of group
purchasing and discounts
Essex Regional Retirement Board
The Town was informed that the ERRB has voted to begin the process of moving their investments over
to the state run PRIT investment pool. They are also working with Senator Tarr's office for restructuring
the board and having the executive director step down from his position because of a conflict of interest.
Moving up availability of Agenda Packet
Members of the Board requested moving up the availability of the agenda packet from Friday afternoon to
Thursday afternoon. The Town Manager suggested moving his staff meeting from Tuesday to Monday
meet with the Chair on Tuesday and put the agenda packet together on Wednesday available for
Thursday.
The Chair suggested moving up executive session to 6:30 p.m. instead at 7:00 p.m. Daniel Lanen
suggested moving it until the end of the evening after Open Session. No decision was made.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 10:05 p.m.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board