HomeMy WebLinkAbout2010-08-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 9, 2010
CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 6:30 PM at Town Hall Meeting
Room.
ATTENDANCE: The following were present: Daniel Lanen, Chairman; Richard Nardella, Vice Chairman;
William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Mark Rees, Town
Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION
William Gordon made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss
Collective Bargaining. Vote approved 5-0.
Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining
position of the Selectmen.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Executive Session Minutes
of July 12, 2010. Vote approved 4-0-1. Tracy Watson abstained.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of
July 12, 2010. Vote approved 4-0-1. Tracy Watson abstained.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Appointments
The Appointments Subcommittee recommended the appointment of Jennifer Recklet Tassi to the Cultural
Council.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Jennifer
Recklet Tassi to the Cultural Council. Vote approved 5-0.
The Appointments Subcommittee recommended the appointment of Janice Williams to the Sustainability
Committee.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Janice
Williams to the Sustainability Committee. Vote approved 5-0.
The Appointments Subcommittee recommended the appointment of Daniel Braese who is currently an
associate member be made a full member of the Zoning Board of Appeals
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Daniel
Braese who is currently an associate member be made a full member of the Zoning Board of Appeals. Vote
approved 5-0.
The Appointments Subcommittee recommended the appointment of resident Roger Lawson and
Selectman Tracy Watson as the Selectmen's representatives to the Facilities Management Consolidation Task
Force.
Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the appointments of resident
Roger Lawson and Selectman Tracy Watson as the Selectmen's representatives to the Facilities Management
Consolidation Task Force. Vote approved 5-0.
Board of Selectmen Minutes August 9, 2010 2
The Capital Building Planning Committee has become active again and Selectmen Richard Nardella has
agreed to chair this committee. James Mealey, Business Administrator, will represent the School Department.
Prior members are being contacted to ascertain their interest in serving again.
It is recommended that Thomas Coppa from the CPA committee and Jennifer Hughes, Conservation Director
be appointed to the Windrush Farms Steering Committee.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the appointments of Thomas
Coppa and Jennifer Hughes to the Windrush Farms Steering Committee. Vote approved 5-0.
The School Committee appointed Karin Rhotin to replace Chris Allen on the Audit Committee. The Board of
Selectmen was requested to approve this appointment.
Richard Nardella made a MOTION, seconded by William Gordon, to approve the appointment of the School
Committee's representative Karin Rhotin on the Audit Committee. Vote approved 5-0.
Liberty Tree Day Proclamation: The Town Manager read the Liberty Tree Day Proclamation and Board was
requested to approve the Liberty Tree Day Proclamation of August 14, 2010 and authorize the chair to sign it
on behalf of the Board.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the Liberty Tree Day
Proclamation of August 14, 2010 and authorize the chair to sign it on behalf of the Board. Vote approved 5-0.
Lake Cochichewick Recreational Uses: The Town Manager said there have been a number of complaints
regarding individuals and dogs swimming in the Town's drinking water supply, Lake Cochichewick. This is in
violation of the rules and regulations and state law. The Police Department and the DPW, in conjunction with
the Trustees of Reservations, have started a program of notifying offenders by new signs or direct contact that
these practices are not allowed.
Collective Bargaining Agreement, AFSCME Local 2978 Clerical Group: This Union settled two contracts
consisting of a one-year contract from July 1, 2009 through June 30, 2010 and a three-year contract to be in
effect July 1, 2010 through June 30, 2013.
The wage schedule is as follows: July 1, 2009, 0%, July 1, 2010, 1.5%, July 1, 2011, 2.0, July 1, 2012, 2.5%.
Health Insurance contribution rates are as follows: July 1, 2010, Family 15.0%to 18.3%; Individual 14.0%to
17.6%; July 1, 2011, Family 18.3% to 21.6%, Individual 17.7% to 21.3%; June 30, 2012, Family 21.6% to
25.0%, and Individual 21.3%to 25.0%.
Report from Town Manager's intern; Joseph Bonanno: Joseph Bonanno, a North Andover resident and
student at Merrimack College has been working as an unpaid intern in the Town Manager's office compiling
data comparing North Andover municipal department expenditures to similar communities. Mr. Bonanno gave
a power point presentation "Intercity Benchmark Survey". The purpose was to compare North Andover's
municipal departmental spending against similar towns and cities in Massachusetts. The conclusion was that
nearly all departments in North Andover are near or below the mean spending per capita benchmark. This is
an indication that North Andover is providing municipal services at a reasonable cost to the community.
The Board thanked Joseph Bonanno for an informative presentation.
CONSENT ITEMS:
Acceptance of Donation: The Board was requested to accept a donation to the Fire Department from Mr.
Edmund Leland.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to accept the donation of Mr. Edmund
Leland in the amount of$61.89 to the North Andover Fire Department and to direct the Town Manager to send
him a letter thanking him for his generosity and support to the Fire Department. Vote approved 5-0.
Board of Selectmen Minutes August 9, 2010 3
Request permission from St. Michael Parish for street closing on September 12, 2010: St. Michael parish and
St. Gregory Armenian Church are holding their annual block party picnic on September 12, 2010 and
requesting to close Main Street from Water Street to Merrimack Street from 1:00 p.m. to 4:00 p.m.
Tracy Watson made a MOTION, seconded by William Gordon, to authorize the closing of Main Street from
Water Street to Merrimack Street on September 12, 2010, from 1:00 p.m. to 4:00 p.m. for the St. Michael
Parish and St. Gregory Armenian Church picnic subject to compliance with all applicable laws, bylaws, rules
and regulations. Vote approved 5-0.
Election Warrant: Tuesday, September 14, 2010
Town Clerk Joyce Bradshaw requested the Board to approved and sign the Warrant for the September 14,
2010, State Primary Election.
Tracy Watson made a MOTION, seconded by William Gordon, to approve the September 14, 2010, state
primary election warrant as presented by the Town Clerk. Vote approved 5-0.
Affordable Housing Unit Resale: Community Development Director Curt Bellavance recommended that the
Board not exercise its right of first refusal on this property at 200 Chickering Road, Unit 204B at Kittredge
Crossing and to authorize the Citizens' Housing and Planning Association (CHAPA)to assist the Town in
finding another owner who can maintain the affordable housing designation for this property.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Town not exercise its right of first
refusal for the property Unit 2048, 200 Chickering Road and to authorize CHAPA to fi8nd a new owner who
will maintain the unit's affordability designation. Vote approved 5-0.
Permission to fill Vacancies: Assistant Town Manager Ray Santilli requested the Board's approval to fill the
following vacancies: Payroll Coordinator, Town Accountant's Office; Staff Engineer, Public Works;
Department Assistant, Town Clerk's Office; Department Assistant (part-time), Assessor's Office. All of these
positions are fully budgeted in the FY11 budget and are essential to the effective operations of their respective
departments.
William Gordon made a MOTION, seconded by Rosemary Smedile, to authorize the recruitment and hiring of
the following positions: Payroll Coordinator, Town Accountant's Office; Staff Engineer, Public Works;
Department Assistant, Town Clerk's Office; Department Assistant (part-time), Assessor's Office. Vote
approved 5-0.
LICENSING COMMISSIONERS:
Rosemary Smedile made a MOTION, seconded by William Gordon, to move into Licensing.
Vote approved 5-0.
Request of Approval of Pledge of Liquor License: Yente, LLC, 1503 Osgood Street
Brian Vaughan represented Yente, LLC and the applicant, Yente, LLC requests the Board to vote to approve
the pledge of the liquor license to East Boston Savings Bank. All documentation was signed and submitted.
Favorable recommendations from municipal departments were also submitted.
Richard Nardella made a MOTION, seconded by William Gordon, to approve the request from Yente, LLC for
the pledge of the liquor license to East Boston Savings Bank. Vote approved 5-0.
Request of Approval for the Faria Restaurant Group, LLC d/b/a Jamie's
Brian Vaughan represented the Faria Restaurant Group, LLC d/b/a Jamie's for a transfer of all alcoholic
beverages license from Bet it All, LLC Change of Manager, Alteration of Premise and Entertainment License.
Favorable recommendations from municipal departments were also submitted.
Richard Nardella made a MOTION, seconded by Daniel Lanen, to approve the transfer of all alcoholic
beverages license for the Faria Restaurant Group, LLC d/b/a Jamie's. Vote approved 5-0.
Board of Selectmen Minutes August 9, 2010 4
Richard Nardella made a MOTION, seconded by Daniel Lanen, to approve request from Faria Restaurant
Group, LLC, d/b/a Jamie's for the change of manager, alteration of premise and entertainment license. Vote
approved 5-0.
Millennium Eatery, Inc, Beijing Restaurant, 1250 Osgood Street
The Alcoholic Beverages Control Commission (ABCC) upheld the North Andover Licensing Commissioners
findings for a violation as alleged by the Millennium Eatery, Inc, Beijing Restaurant, 1250 Osgood Street. The
Commission also approves the ten (10) day license suspension resulting there from.
The Town Manager will speak with Town Counsel before the Board takes action.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of Licensing.
Vote approved 5-0.
OLD BUSINESS:
Water and Sewer Consumption Update/Drought Management Plan
The Town Manager reported that there was a significant increase in water consumption due to the extended
dry period in July. As a result of this, the Town's water supply is between 5-10% below normal conditions for
this time of year. This puts the Town into "Phase 1 — Drought Watch Management Plan. According to this
phase the Town requests the public for voluntary reductions by limiting such actions as watering lawns
between 8 AM and 4 PM, and limiting other outdoor water use such as car washing and washing paved
surfaces. This could change if weather conditions bring a good soaking rain storm.
The Town Manager will keep the Board updated on this matter.
Fire Department Mutual Aid Update
Fire Chief Melnikas reported on 8/4/10 that North Andover responded to four incidents in Lawrence, costing
North Andover$1,798.76 in overtime expenses. Since that date there have been 2-3 more incidents in
Lawrence which will escalate that figure.
The Town is also liable if a North Andover firefighter is injured while fighting a fire aiding Lawrence and is liable
for the wear and tear of its equipment.
The Town Manager will attend a meeting with local officials from surrounding communities on Wednesday,
August 11, 2010, to discuss the crisis situation in Lawrence regarding Firefighters.
Brook Street Status
The Town Manager reported that Brook Street is a public way and the DPW is recommending repairing the
culverts in place and in kind while the water main improvements are being done. The beaver dams will be
monitored and will be resolved with property owners.
In addition, the pavement improvements for Raleigh Tavern Lane are scheduled for inclusion in the FY12-
HY13 CIP plan which will need Town Meeting approval. This work will be done in the summer of 2011-2012.
The Town Manager's office received many phone calls regarding repairs and reopening of Brooks Street
because of an anonymous letter was placed in resident's mailboxes. Many residents were in favor of the
reopening and there was one resident that opposed.
Resident Henry Fink of 1250 Turnpike Street voiced his opinion regarding the water on his property because
of the condition of Brook Street and the beavers' dams.
The Town Manager said that he should be in contact with Bruce Thibodeau and Eugene Willis at the DPW to
discuss his concerns.
Consolidated Information Technology Memorandum of Understanding
The final step to completing the consolidation of IT functions between the School and the Town is the
execution of a Memorandum of Understanding (MOU) detailing how the new department would operate. The
Board of Selectmen Minutes August 9, 2010 5
School Committee will take this matter up at their August meeting and the Board is asked to review this at this
time.
Investigative Audit of the Purchasing Department Status Report
Selectman Richard Nardella chair of the Audit Committee gave a report on the committees' investigative
control audit. The report focused on the following: Goals, Background, History, Sale of Obsolete/Surplus
Equipment, Events Leading to Discovery, Conclusions, and Recommendations.
The Town Manager thanked the Audit Committee for their diligent work in conducting the investigation and
looking forward to implementing its recommendations and working with the committee in the future to
strengthening the Town's internal control procedures.
NEW BUSINESS:
Logistics for upcoming elections
Town Clerk Joyce Bradshaw presented the logistics for the upcoming State Primary Election on Tuesday,
September 14, 2010; Polls will be open from 7:00 a.m.to 8:00 p.m. and the State Election on Tuesday,
November 2, 2010. Polls will be open from 6:00 a.m. to 8:00 p.m. North Andover High School is the
designated location for all 8 precincts. Activities will be restricted on election days and school will be closed on
November 2, 2010.
Note: Daniel Lanen recused
Zero Tolerance for Seatbelt Violations Police Procedure
At the urging of the Executive Office of Public Safety and Security, police departments have been requested to
adopt a policy that would require police officers to issue a written citation or warning, rather than an oral
warning when they observe seat belt violations. Chief Stanley is recommending adopting this new procedure
and a letter for the state explaining why it is necessary. The Board is requested to approve this new policy
and procedure.
William Gordon made a MOTION, seconded by Tracy Watson, to approve and adopt the new policy and
procedure entitled "Zero Tolerance for Seat Belt Violations". Vote approved 4-0.
Note: Daniel Lanen returned
Sewerage in Shawsheen River
The Town Manager reported that on May 3, 2010, the US EPA wrote the city of Lawrence a letter requesting
information concerning "an illicit discharge of sanitary waste water" into the Shawsheen River. This is adjacent
to residential properties in North Andover. Health Director Susan Sawyer contacted the EPA regarding this
matter. Numerous phone calls were made to Lawrence by the Town Manager and there has been no
response as of this date. The Town Manager will contact Lenny Degnan to get some answers.
TOWN MANAGER'S REPORT:
Director of Community Development Curt Bellavance applied for a federal grant to assist the town in updating
our Master Plan with a specific emphasis on downtown revitalization.
A contract in the amount of$362,000 has been issued for a major upgrade of the Fire Department Radio
system to improve reliability and connectivity. This CIP project was approved at the May 2010 Annual Town
Meeting.
The next scheduled meeting of the Board of Selectmen is Tuesday, September 7, 2010.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:35 p.m. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board