HomeMy WebLinkAbout2009-11-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 23, 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 William Gordon, to discuss Collective Bargaining and Real
Estate Matters. Vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Report of Purchasing Director
The Town Manager gave a full report regarding the events surrounding the Purchasing Director Joseph Lydick
illegal activities. At this time, Mr. Lydick is currently on unpaid leave and a police investigation is ongoing. The
Town is exploring various ways to recover the loss and updates would be given to the public as new
information is brought forward.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to charge the duly appointed Audit
Committee to conduct a special investigation into the financial and control issues pertaining to the sale of
surplus town equipment. Vote approved 5-0.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to appoint Robert Ercolini to the Audit
Committee. Vote approved 5-0.
Open Meeting Law Update
Town Counsel Thomas Urbelis gave the Board a Summary of Key Open Meeting Law Amendments that would
go into effect on July 1, 2010. There will be changes on Deliberations, oral or written communications;
Meetings, attendance, participation, quorums, postings; Minutes, records of all documents used at the
meetings, chair or designee review executive session minutes for disclosure; Executive Sessions
amendments; Administration has changed to the Attorney General who has the authority to promulgate rules
and regulations and to carry out the enforcement of the open meeting law.
Town Government Review Committee
Robert Ercolini gave the Board an update on the committee's work. After several meetings reviewing the
Town Charter the committee is recommending staying with the Open Town Meeting form of government.
They will continue to evaluate any proposed changes and submit a report in February or March of 2010.
2010 U.S. Census Update
Town Clerk Joyce Bradshaw briefed the Board of the 2010 census and its impact on North Andover.
Holiday Parade & Holiday Fair
The Town Manager announced that the Holiday Parade would be held on November 28, 2009 starting at
12:00 noon. The Senior Center will also be holding the Holiday Fair on November 28, 2009 from 10:00 a.m. to
3:00 p.m.
The Board wished everyone a Happy Thanksgiving!
CONSENT ITEMS:
Board of Selectmen Minutes November 23, 2009 2
Acceptance of Clean Energy Choice Grant
Richard Nardella made a MOTION, seconded by William Gordon, to authorize the submission of a grant
request for a solar/photo voltaic panel through the Clean Energy Choice program and to accept the grant if
awarded to the Town of North Andover. Vote approved 5-0.
Acceptance of Urban Forestry and National Grid Partnership Tree Replacement Grant
Richard Nardella made a MOTION, seconded by William Gordon, to authorize the acceptance of a $10,000
grant from the Urban Forestry and National Grid Partnership Tree Replacement Program. Vote approved 5-0.
Note: Rosemary Smedile and Daniel Lanen recused
Acceptance of Traffic and Equipment Enforcement Grant
Richard Nardella made a MOTION, seconded by William Gordon, authorize the acceptance of a $17,000 grant
from the Executive Office of Public Safety for enhanced drunk driving and seat belt enforcement in the Town of
North Andover. Vote approved 3-0
Note: Rosemary Smedile and Daniel Lanen returned
Appointment of Joseph Bertolino to Housing Partnership Committee
Richard Nardella made a MOTION, seconded by William Gordon, to appoint Mr. Joseph Bertolino to the
Housing Partnership Committee. Vote approved 5-0.
Request exemption from the State conflict of interest law
Richard Nardella made a MOTION, seconded by William Gordon, to approve an exemption under MGL c268A,
§20 to allow Anna Choi to submit a project for funding to the North Andover Cultural Council. Vote approved
5-0.
LICENSING:
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved
5-0.
Request to Transfer of the All Alcoholic Beverages and License and Entertainment License to from Empire Lu
Enterprises, Inc. dba Haru Chinese &Japanese Restaurant to Yong Chen, LLC dba Shuniu Chinese and
Japanese Cuisine, 733 Turnpike Street
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the transfer of from Empire Lu
Enterprises, Inc. dba Haru Chinese &Japanese Restaurant to Yong Chen, LLC dba Shunju Chinese and
Japanese Cuisine, 733 Turnpike Street. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the change of manager to Yong
Chen. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move out of Licensing. Vote approved
5-0.
OLD BUSINESS:
FY11 Budget Policy Statement
At a previous meeting the Board said they would consider adding amendments submitted by Selectmen
Nardella and vote on a final copy to the FY11 Budget Policy Statement.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, approved the red-line changes submitted by
Selectmen Nardella and voted to approve the final copy of the FY11 Budget Policy Statement. Vote approved
5-0.
NEW BUSINESS:
Request to Use Town Common to Display Menorah
Orit Goldstein, on behalf of the Chabad Lubavitch of Merrimack Valley, is requesting permission to erect a
Menorah on the Town Common from December 11th through December 18th and to conduct an event on
Sunday, December 13th from 5:00 p.m. to 6:00 p.m.
Board of Selectmen Minutes November 23, 2009 3
There was a lengthy discussion whether to allow the Menorah to stand for eight days or just one day as stated
in the newly adopted "Regulations for the Use of the Town Common" document. There were many people in
the audience who commented for and against the request.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to allow the display and event to be held
for one day only for Monday, December 14, 2009 and allow one 'h day for setup and one 'h day for breakdown
and if the day needed to be changed to contact the Town Manager's office. Vote
approved 4-0-1. William Gordon abstained.
William Gordon made a MOTION, to approve the Menorah to be displayed for eight days. MOTION failed for
lack of a second.
Pavement Management Plan
DPW Director Bruce Thibodeau together with Tony Garro, Project Manager for BETA gave a presentation for
using Chapter 90 funds to develop a multi year program for roadway improvements in the Town of North
Andover. With the program the DPW staff can calculate costs of improvements based on actual bid pricing to
develop Chapter 90 and Capital Improvement requests efficiently.
Preparation for Tax Classification Hearing
On Tuesday, December 8, 2009 at 7:30 p.m. the Board will conduct the annual tax classification hearing to
decide the distribution of the tax burden between residential and commercial/industrial property owners. In
preparation of that hearing, the Assessors have provided spreadsheets to show the different options available
to the Board.
Amendments to the Town's Personnel Policy
Assistant Town Manager is proposing changes to a portion of the Town's Personnel Policy to bring us into
compliance with recent changes to the Family Medical Leave Act regarding military family leave. In
accordance with the Special Town Meeting vote, the Board of Selectmen is required to hold a public hearing
before formally voting on the proposed amendment.
The Public Hearing will be held at the Board's next meeting on Tuesday, December 8, 2009 at 7:30 p.m.
Parking at 108 Main Street
Two businesses on Main Street, MacDonald & Pangione Insurance and TD Bank requested that two 10
minute parking spaces be designated on Main Street. These spaces would be the ones to the immediate left
and right of the TD Bank exit.
The Board took No Action on this at this time.
TOWN MANAGER'S REPORT:
Recent Grant Opportunities
This was TABLED until the next meeting.
The Board of Health will be distributing H1 N1 Flu Shots to high risk people. The Town will be using the
Reverse 911 system to alert the public when the vaccine will be available and contact information.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 10:50 p.m. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board