HomeMy WebLinkAbout2011-05-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 23, 2011
CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:30 PM at Town Hall Meeting
Room.
ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy
Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Donald Stewart made a MOTION, seconded by William Gordon, to approve the Open Session Minutes of May
2, 2011, as written. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by William Gordon, to approve the Open Session Minutes of May
9, 2011, as written. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by William Gordon, to approve the Executive Session Minutes of
May 9, 2011. Vote approved 3-0. Daniel Lanen and Rosemary Smedile abstained.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Windrush Farms Steering Committee
Chair of the Conservation Commission Jack Mabon requested that the Board appoint members to this
committee.
William Gordon made a MOTION, seconded by Donald Stewart, to appoint Conservation Administrator
Jennifer Hughes to the Windrush Farms Steering Committee. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by William Gordon, to appoint Selectman Rosemary Smedile, to
the Windrush Farms Steering Committee. Vote approved 5-0.
Re-Precincting Update
Town Clerk Joyce Bradshaw explained the process of setting boundaries for re-precincting due to the 2010
Federal Census. All precincts must be 4,000 or less in population; all deviations between precincts must be
5% or less; all precincts must be compact and contiguous on the map; all precincts must be bounded by
centerlines of street or other visible boundaries.
The Board must vote approval by June 7, 2011 before the deadline of June 15, 2011.
Adhoc Committee Report
The Town Manager distributed copies of the Adhoc Committee Audit Report at the meeting. The Board will
review this and comment at a future meeting.
North Andover Patriotic Observance Committee
Chief Edward Mitchell requested the Board vote to present a proclamation in memoriam to James M. Cassidy,
WW II veteran for his outstanding and dedicated service to his Country and community.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, voted to dedicate this year's Memorial Day
2011, in memoriam to James M. Cassidy, WW II veteran for his outstanding and dedicated service to his
Country and community. Vote approved 5-0
Chief Edward Mitchell requested the Board vote to present a Certificate of Appreciation to Command Master
Chief John E. Ratka, US Navy for his dedicated service as the Veterans Northeast Outreach Center Executive
Director.
Rosemary Smedile made a MOTION, seconded by William Gordon, voted to present a Certificate of
Appreciation to Command Master Chief John E. Ratka, US Navy for his dedicated service as the Veterans
Northeast Outreach Center Executive Director. Vote approved 5-0.
Board of Selectmen Minutes May 23, 2011 2
Selectman Rosemary Smedile commented on sad news of the death of Sam Ameen who served and
dedicated his time on many town committees and most recently the Police Building Committee. He will be
missed.
CONSENT ITEMS:
Thomson School Annual Fun Run
Donald Stewart made a MOTION, seconded by Tracy Watson, to approve an event permit including temporary
road closures to the Thomson School Elementary PTO on Thursday, June 9, 2011 from 5:00—6:30 p.m. Vote
approved 5-0.
Acceptance of Donation —J.R.M Hauling & Recycling
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to accept a donation in the amount of
$5,000 from J.R.M. Hauling and Recycling to be used for landscaping the grounds of the new police
headquarters and to direct the Town Manager to send them a letter thanking them for their generosity to the
North Andover Police Department. Vote approved 5-0.
Reclassification and Permission to Hire Water Treatment Plant Superintendent
Donald Stewart made a MOTION, seconded by Tracy Watson, to authorize the reclassification of the Water
Treatment Plant Superintendent from grade 13 to grade 14 and the hiring of an individual to fill that position.
Vote approved 5-0.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION, seconded by Tracy Watson, to move into Licensing. Vote approved 5-0.
Essex Art Center— 1600 Osgood Street—One Day all alcohol license, June 4, 2011
Donald Stewart made a MOTION, seconded by William Gordon, to grant a one-day all alcohol license to the
Essex Art Center for June 4, 2011, from 6:00— 11:00 p.m. at Osgood Landing, 1600 Osgood Street, North
Andover subject to all applicable laws, bylaws, rules and regulations. Vote approved 5-0.
Clifford Jewelers—Second Hand (Junk) License
Donald Steward made a MOTION, seconded by Rosemary Smedile, to grant a Second Hand Goods (Junk)
Dealers License for the purpose of purchasing, sale or barter of old metals subject to all applicable laws,
bylaws, rules and regulations. Vote approved 5-0.
St. Gregory Armenian Church — 158 Main Street—One Day all alcohol License—June 16, 2011
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to grant a one-day all alcohol license to
St. Gregory Armenian Church, 158 Main Street for June 16, 2011, from 6:00— 11:30 p.m. and to waive the
license fee subject to applicable laws, bylaws, rules and regulations. Vote approved 5-0.
Selectman Smedile requested that the Town Clerk's office contact all owners and managers when applying for
a liquor license to be present before the Board at the time for a hearing for a new liquor license.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved
5-0.
PUBLIC HEARINGS
Street Name Change: Woodbury Lane to Woodberry Lane
Residents requested that the Town update their records and change the spelling of their street from Woodbury
Lane to the correct spelling Woodberry Lane. The Assessor's office records show the property listed at
Woodberry Lane. Residents are also requested that the Town notify the Post Office of the change in spelling.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to change the spelling of the street name to
Woodberry Lane contingent on verifying it with the state 911 system. Vote approved 5-0.
Amending Personnel Policy—Stevens Estate Director Salary Incentive Plan
Board of Selectmen Minutes May 23, 2011 3
The Board was requested to vote on changing the compensation arrangement for the Steven's Estate Director
to provide for an incentive plan similar to what is used I the private sector for conference event managers. The
Stevens Estate Trustees have agreed to this as well.
Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the change in Amending the
Personnel Policy for the Stevens Estate Director Salary Incentive Plan. Vote approved 5-0.
OLD BUSINESS:
Preparation for Annual Town Meeting
The Town Manager provided a list of Warrant Articles that still needed to be voted on by the Board of
Selectmen either before or at Town Meeting.
Article #15: Tax Increment Financing Plan—4 W High Street, Mansur Investments, Converse, Inc. and/or
Schneider Electric
The Board of Selectmen decided to make their recommendation To Be Made at Town Meeting for Article #
19: Establishment of Special Stabilization Fund—Reserve for Future Payrolls. No Vote.
William Gordon made a MOTION, seconded by Tracy Watson, to recommend Favorable Action on Article #
19: Establishment of Special Stabilization Fund—Reserve for Future Payrolls. Vote approved 5-0.
William Gordon made a MOTION, seconded by Tracy Watson, to make their recommendation To Be Made at
Town Meeting for Article #20 Transfer of funds into the other post employment benefits liability trust fund.
Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to take No Action on Article #23
Authorization to transfer funds from the health department food consultants'revolving fund to the health
department. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Tracy Watson, vote No Recommendation on Article #28
Amend Zoning Bylaw Amend 4.122.14—Resident 4 District—Permitted Uses. Vote approved 4-1. Rosemary
Smedile opposed.
The Town Manager discussed the previous FY12 General Fund Budget and the updated FY12 General Fund
Budget due to changes in projected revenue and additional funding of the Meals Tax and asked the Board to
vote and approve the revised budget contingent on additional funding being approved at Town Meeting. The
Town also just received notice that the town of North Andover would receive over$227,000 as a result of a
Massachusetts DEP settlement with Wheelabrator, Inc. for environmental violations. The Town Manager is
waiting to hear from the Department of Revenue whether these funds will be distributed in FY2011 or in
FY2012 and when they can be used.
Selectmen had a lengthy discussion regarding the additional funds and whether to use the money to restore
services or to store it away for reserves.
William Gordon made a MOTION, seconded by Donald Stewart, support taking $115,000 from the health
insurance trust fund to be reimbursed as needed when the $227,000 settlement is made available the money
would be restored. Vote approved 4-1. Daniel Lanen opposed.
William Gordon made a MOTION, seconded by Donald Stewart, vote if the Meals Tax passes at Town
Meeting the municipal allocation of$75,000 be used for the restoration of services and accounts as
recommended by the Town Manager. Vote approved 3-2. Rosemary Smedile and Tracy Watson opposed.
NEW BUSINESS:
Disposal of Surplus Property
Assistant Town Manager Ray Santilli requested the Board to declare certain pieces of town equipment surplus
and to authorize its disposal. Chief Melnikas is requesting that some of his surplus fire equipment be donated
to the 9/11 Fund, Inc.
Board of Selectmen Minutes May 23, 2011 4
The Board TABLED the certain pieces of the town surplus equipment and requested more information before
approving disposal.
The Fire Chief requested donating the 1985 Federal Pumper Truck and other equipment to the 911 Fund.
The Town Manager said that any donation with an estimated net value of less than $5,000 must be
recommended by the Town Manager and approved in advance by a majority vote of the Board. Any such
donation with an estimated net value of$5,000 or more will require a majority vote at a duly called Town
Meeting,
The Board said they would like to get an appraisal of the 1985 Federal Pumper Truck before making a
decision whether to donate or sell the vehicle.
Tracy Watson made a MOTION, seconded by William Gordon, to approve the request of Chief Melnikas to
donate 15 turnout coats and 5 bunker pants to the 911 Fund, Inc. Vote approved 5-0.
Council of Aging Request to Expand Council Membership
The Council of Aging requests an increase in the Board from 9 to 11 members.
Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the requests by the Council of
Aging to increase their Board member from 9 to 11 members. Vote approved 5-0.
Audit Committee Expansion
Robert Ercolini a member of the Audit Committee requested the Board's consideration of expanding their
committee from three members to five members. It is difficult for two members to have a discussion or work
on a project and communicate via e-mail or phone without constituting a quorum and it is against the Open
Meeting Law.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to expand the Audit Committee from three
to five members and appointing two members from the Finance Committee. No vote.
The Town Charter prohibits members of the Finance Committee to serve on other committees.
William Gordon made a MOTION, seconded by Tracy Watson, to expand the Audit Committee to five
members, one from the Board of Selectmen, one from the School Committee, and three residents that are
chosen by the Board of Selectmen appointment subcommittee and recommended to the full Board. Vote
approved 5-0.
Meeting Schedule, Second Half of 2011
The Board was asked to review the recommended options for future meeting schedules and vote at their next
scheduled meeting.
TOWN MANAGER'S REPORT:
Wheelabrator Technologies as part of a settlement with the Commonwealth over alleged environmental law
violations is obligated to provide approximately $100,000 to $150,000 to communities that host waste to
energy facilities to support programs that protect the environment. We are in the process of developing
possible projects that meet this criterion. In addition, per the attached press release, we have been informed
that North Andover will receive an additional $227,954 from another pool of money established by the
settlement.
The Merrimack Valley Mayors and Manager Coalition were recently awarded a $50,000 federal grant to
integrate clean energy initiatives into a regional master plan.
The Town was awarded a grant from FEMA for pre-disaster mitigation for Rea's Pond Pumping Station in the
amount of$99,992.62 to be used to identify the sources of surcharging, investigate and analysis alternatives,
recommend a solution, and prepare the mitigation plan to move forward to seek construction funding.
Board of Selectmen Minutes May 23, 2011 5
PUBLIC COMMENT:
Robert Ercolini 195 Bridle Path Road said he is unable to obtain information from the School Committee and
Superintendent of Schools with respect to salary compensations of employees before Town Meeting. In
particular the salaries of employees with annual raises expected to be implemented with the new contracts
with new step raises. He asked the Board to help and support him in getting this information before Town
Meeting. Town Meeting needs to actually see the impact of these contracts on the Town in future years.
Karin Rhoton 13 Perry Street commented on the Disposal of Surplus Property. There are many questions of
concern with this report and would not accept this report as written. There is not enough information to identify
equipment for Community Development or Youth Services and vehicle identifications are missing or
incomplete.
ADJOURNMENT:
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:50 p.m. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
William Gordon, Clerk of the Board