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HomeMy WebLinkAbout2010-03-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 22, 2010 CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:05 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. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Daniel Lanen yes, Richard Nardella yes, Tracy Watson yes. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Executive Session Minutes of March 8, 2010 as written. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Open Session Minutes of March 8, 2010 as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition The Board presented a Certificate of Appreciation to the owners of the Melillo Brothers Laundromat located at 62 Main Street for renovating and improving their business. Announcements & Public Comments Richard Nardella applauded the School Department for their work in assisting and providing a last wish of dying man to see his son receive his high school diploma. Town Clerk Joyce Bradshaw announced that the Town Election is on Tuesday, March 30, 2010, polls will be opened from 7:00 a.m. to 8:00 p.m. at North Andover High School. National Passport Day is on Saturday, March 27, 2010 and the Town Clerk's office will be opened from 10:00 a.m. to 3:00 p.m. William Gordon mentioned the death of North Andover wrestling coach ....... Richard Nardella commented on the Essex Regional Retirement Board annual assessment to the Town of North Andover. The Town Manager Mark Rees said he sits on a committee formed by all the cities and towns that belong to the ERRB and has been keeping the Board up-to-date of the situation. Ted Tripp 262 Boston Road asked questions regarding the use of the Reverse 911 notification system. Steve Tryder of 386 Chestnut Street suggested advertising the Annual Town Meeting by posting signs throughout the Town. Mr. Tryder also requested that extra copies of documents be provided to the public during their meetings. Town Accountant's Financial Report Town Accountant/Budget Director Lyne Savage presented budget status reports for revenue and expenses ending February 29, 2010. Revenues: Property Tax Revenue collections are at 74.3% which is still running slightly above this time last year. Motor vehicle excise is running at 47.4% collected compared to the same time last year which was 27.2%. The collections are more in line and trending towards collections equal to fiscal year 2009. Interest income is running at 55.7% compared to the same time last year which was 68.9%. With interest rates not moving any time soon there will be an anticipated short fall in this line item by approximately 80,000. In aggregate total revenues are at 69.7% which is above this same time last year by 2.4%. Board of Selectmen Minutes March 22, 2010 2 Expenses: All departmental budgets are running either below or slightly above the 66% target percentage at this point in the fiscal year with the exception of the Snow and Ice budget. As of March 18, the snow budget is running a deficit of($210,092) with some additional cost estimates not posted of approximately another $80,000. Water/Sewer Enterprise Fund: Currently the water revenues are at 62.7% but there should be discussion of further reductions in expenditures if the revenue collections do not increase. If this account ends with a fund balance deficit the Division of Local Service will not set our tax rate in December. Sewer revenue collections are at 66% with expenditures running at 58.5% which is in line with the same time last year. The projected fund balance should have an increase of approximately $99,000. Stevens Estate Enterprise Fund: With the projection of the revenue for the balance of the year they will not be generating enough revenue to end the year with a positive fund balance. We are projecting a shortfall by $49,132. This will need to be addressed prior to year end in order to insure that we are able to set our tax rate in December. CONSENT ITEMS: 40 B Affordable Housing Units Re-Sale 3 &4 Harvest Drive Community Development Director Curt Bellavance recommended that Board not exercise its right of first refusal for these two properties and instead use CHAPA to find new buyers who qualify under the affordability guidelines. Rosemary Smedile made a MOTION, seconded by Richard Nardella, that the Board not exercise its right of first refusal to acquire the affordable housing units at 4 Harvest Drive, Unit 108 at Oakridge Village and 3 Harvest Drive, Unit 203 at Oakridge Village and to authorize the Citizen's Housing and Planning Association (CHAPA)to locate a new buyer who will maintain the affordable designation for the unit. Vote approved 5-0. Event Permit, Youth and Recreation Services Carnival—April 28—May 2, 2010 Rosemary Smedile made a MOTION, seconded by William Gordon, to grant an event permit and to waive permitting fees to the Youth and Recreation Services Department to conduct a fund raising carnival from April 28 thru May 2, 2010 at Osgood Landing providing that permission is granted by the land owner and the Department is in compliance with all applicable laws, bylaws, rules and regulations. Vote approved 5-0. LICENSING: Richard Nardella made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Licensing Chairman Richard Nardella announced that ABCC sent a group of people pretending to be minors to all liquor establishments in North Andover as a test to see if anyone violated the serving to minor ruling. All of North Andover establishments passed the test and everyone was carded and denied alcohol. The ABCC notified North Andover Licensing Commission that the Beijing Restaurant has appealed the suspension and has a hearing on March 30, 2010. All Alcoholic Beverages License Restaurant, Entertainment and Common Victualler Licenses for Chipotle Grill The Chipotle Mexican Grill located at 93 Turnpike Road applied for an all alcoholic beverages license, entertainment and common victualler license. The Board of Health, Building Inspector, Police and Fire Departments recommend favorable action on this request. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the application and grant licenses to the Chipotle Mexican Grill. Chairman Nardella requested that the management install a rope or chain enclosure to the outside patio area if alcoholic drinks would be served there. Board of Selectmen Minutes March 22, 2010 3 William Gordon Amended the MOTION, seconded by Tracy Watson, to approve the application and grant licenses to the Chipotle Mexican Grill with the installation of a rope or chain enclosure to the outside patio area. Vote approved 5-0. One Day Wine and Malt Beverages for Merrimack College on April 14 and May 21. Merrimack College Federal Credit Union is requesting a one-day beer&wine license for their Annual Meeting in Cascia Hall on April 14, 2010 from 4:30 pm to 7:30 pm. Merrimack College Alumni is requesting a one-day beer&wine license for their Reunion Weekend at the Rogers Center for the Arts on May 21, 2010 from 6:30 pm—9:00 pm. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the requests by Merrimack College for a beer&wine license for both events on April 14, 2010 and May 21, 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Main Street Improvement Project Summary Director of Public Works Bruce Thibodeau gave an update of the continuing work to complete the downtown improvement project. The project was started last year and would be completed this spring and the oversight was done through the Engineering Dept using contractors with existing agreements with the DPW. The design was to improve traffic flow, public safety, infrastructure, general streetscape and public convenience. Anticipated schedule for 2010 is as follows: Week of April 20 mill existing pavement; Week of May 3 pave; Week of May 17 new imprint crosswalks; Week of May 25 line painting and Week of June 1 signage. National Pollution Elimination System (NPDES) Phase II Storm water discharge permit Director of Public Works Bruce Thibodeau explained the Town's status with the Environmental Protection Agency National Pollution Discharge Elimination System Phase II storm water discharge permit conditions and requirements. The original five year permit expired in 2007 and, as the DPA has been slow to issue new regulations. However, it is apparent that the regulations now under consideration would result in considerably more work and expenditures. Since this had not been promulgated by EPA until late January 2010, this was not budgeted for FY2011. The DPW would need to use outside experts to assist in this permit will have to budgeted in FY2012. FY11 General Fund Budget The Town Manager gave the board a spreadsheet with revisions to the General Fund Budget this was due to proposed revisions in allocated chapter 70 funds from the Governor's state aid. This showed a slight increase in funds after municipal expenses and distribution of 67.7% to the school the municipal side would see a small balance of$13,527. The Town Manager requested the board take a procedural vote giving preliminary approval of the budget and send to the Finance Committee to be in compliance with the Town Charter. Rosemary Smedile made a MOTION, seconded by William Gordon, to give preliminary approval of the Town Manager's recommended FY11 General Fund Budget and forward to the Finance Committee but to reserve the right to make amendments as additional information comes forward. Vote approved 4-1. Daniel Lanen opposed. FY11 Water and Sewer Budgets The Town Manager overall water consumption is expected to drop 3.1%from FY09 levels to projected FY10 levels. However, a disproportionate amount of the decrease is in by-pass meters, primarily used to record irrigation use. This can be attributed to the wet spring and summer experienced in 2009. This secondary use is expected to decrease 22.8% compared to a 1.3% projected decrease in the primary or principal meter use. Expenditures have been frozen or delayed, but even with these reductions, it is project that FY10 will end in a deficit situation. Additional reductions may have to be implemented during the coming months to eliminate this deficit. Board of Selectmen Minutes March 22, 2010 4 The Sewer Enterprise Fund in FY10 is projected to end the year with a positive fund balance of$215,000. This is the result of consumption through the principal meter which is used to calculate sewer usage remaining relatively constant from FY09 to FY10. The Town Manager recommended the Water Enterprise budget (salaries, operating expenses, debt services and indirect costs) to decrease by 1.76% from the FY10 budget, but a 6.48% increase when compared to FY10 projected expenditures. The Sewer Enterprise budget would increase by 10.5% for the FY10 projected budget due to two factors, one being the transfer of some personnel cost from the water department to the sewer department and increase in the GLSD assessment. The Town Manager suggested building a fund balance of sufficient size to absorb these fluctuations to stabilize rates in the Water Enterprise Fund, because it is impacted by the weather which creates the uncertainty each year. There was a discussion about the Greater Lawrence Sanitary District assessment and the Board suggested that the Town Manager meet with Lenny Degnan to put together the district flows of all the communities as why the city of Lawrence is going down and all the other communities are going up. Stevens Estate Budget To be discussed at the next meeting. Recommendations on Warrant Articles The Town Manager asked that a member of the Board would volunteer to order and number the warrant articles. Rosemary Smedile volunteered to do this. The Board agreed to meet on April 5, 2010 to complete their recommendations of the Warrant Articles before the Warrant book goes to the printer on April 6, 2010. Wireless Facilities By-law Town Counsel Thomas Urbelis made some changes on the Wireless Facilities By-law and the Board questioned some of those minor changes. The Board requested the Thomas Urbelis send them the red-line version and attend their next meeting to discuss changes. NEW BUSINESS: Complaint Resolution Procedures TABLED until next meeting ADJOURNMENT: Richard Nardella made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:25 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board