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Home My WebLink About2011-06-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 20, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 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; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Negotiations with Non Union Personnel and Litigation. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes. Vote approved 5-0. Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining position of the Selectmen. RECONVENE AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Donald Stewart made a MOTION, seconded by William Gordon, to TABLE the Minutes of June 2, 6, 7, 13, 2011. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint the following to the North Andover Patriotic Observance & Marching Committee as of June 1, 2011 terms ends May, 2012. Chairman — Phil Spitalere, Veteran Graves Officer; Vice Chairman —Joe Ed Smith, CDR, American Legion Post 219; Secretary— Ed Mitchell, Veterans Service Officer; Sergeant-at-Arms— Ralph Lewis, NA Resident and PG Veteran; Legal Officer—Dan Lanen, Board of Selectmen; Chaplain — Mike Wilson, CDR VFW Post 2104; Safety Officer—Matt Twiss, NAFD; High School Student Liaison Officer and Assistant Student Liaison Officer both vacant. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint Robert Warren to the Community Preservation Committee, Ronald Pallone reappointed as Constable and Martha Salisbury appointed to the Registrars of Voters. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint Kenneth J. Tokarz to the Machine Shop Village Neighborhood Conservation District Commission. Vote approved 5-0. Joint Meeting with North Andover Housing Authority to fill Vacancy Executive Director Joanne Comerford and members of the Housing Authority met in joint session with the Board of Selectmen to fill the unexpired vacancy left by Anna O'Connor. The Housing Authority Board of Directors recommended Stephen Long of 181 Cortland Drive to fill the term until the next Town Election in March 2012. Donald Stewart made a MOTION, seconded by Tracy Watson, to appoint Stephen Long of 181 Cortland Drive to fill the unexpired term on the North Andover Housing Authority until the next Town Election in March 2012. Roll Call Vote: William Gordon yes, Tracy Watson yes, Rosemary Smedile yes, Donald Stewart yes, Daniel Lanen yes, Mary Beth Soucy yes, John Driscoll yes, Madeline Sulcliffe yes, and Ted Snell yes. Vote approved 9-0. Announcement Selectman Smedile announced that there will be a Farewell Open House at Town Hall on Thursday, June 30, 2011, for Town Manager Mark Rees. All are welcome. Board of Selectmen Minutes June 20, 2011 2 Selectman William Gordon announced that the School Committee has applied to the Merrimack Valley Conference. CONSENT ITEMS: Festival Committee event permit for 4th of July celebration The Festival Committee is seeking permission to use the town common and close streets to accommodate the weekend celebration for July 1, 2 and 3, 2011. William Gordon made a MOTION, seconded by Tracy Watson, to approve an event permit to the Festival Committee for use of the town common on July 1, 2 and 3, 2011 and temporarily close the thru traffic from Osgood St. to Academy Road on July 1St 2 n and 3rd, at designated hours and to request one "handicap parking only" sign on Osgood Street during the 4th of July town celebration. Vote approved 5-0. Acceptance of Donations: Wheelabrator and Brooks School The Board was requested to accept donations from Wheelabrator and Brooks School. Donald Stewart made a MOTION, seconded by Tracy Watson, to accept the donations from Wheelabrator, Inc. in the amount of$7,500 and Brooks School in the amount of$15,000 for the 4th of July festivities and $10,000 for computer equipment for the North Andover Public Schools and to send a letter of thanks for their generosity. Vote approved 5-0. Easement for National Grid Utility Pole at Kittredge School The School Committee and the School Business Manager have approved the proposed Easement for the relocation of poles at the Kittredge School that has been approved by National Grid. The Board of Selectmen is requested to approve also. Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the proposed Easement for the relocation of poles at the Kittredge School that has been approved by National Grid. Vote approved 5-0. Carter Field Road Acceptance Documents Town Counsel Thomas Urbelis requested the Board accept and sign the Carter Field Road street conveyance documents. A Quitclaim Deed, Carter Field Road — Dedication of Roadway, Confirmatory Drainage Easement, Carter Field Road —Dedication of Open Space, Drainage and Utility Easement. William Gordon made a MOTION, seconded by Donald Stewart, to accept and sign the Carter Field Road street conveyance documents. Vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. VFW Wine and Malt One Day Licenses—July 1, 2, &3. Philip Spitalere of the North Andover VFW Post 2104 applied for three one-day licenses. Donald Stewart made a MOTION, seconded by Daniel Lanen, to approve the one-day wine and malt beverage license to Philip Spitalere on behalf of the North Andover VFW Post 2104 for three consecutive days July 1, 2, &3 for the 4th of July celebration. Vote approved 5-0. Common Victuallers—Change of Name: Luci's Cafe to Two Chefs Are Better than One Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the change of name from "Luci's Cafe"to "Two Chefs Are Better Than One". Vote approved 5-0. Common Victuallers—formerly"Toscana to Go" to "Solo Cafe" William Gordon made a MOTION, seconded by Donald Stewart, to approve the Common Victualler license for Solo Cafe. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Daniel Lanen, to move out of Licensing. Vote approved 5-0. Board of Selectmen Minutes June 20, 2011 3 OLD BUSINESS: Police Building Committee Report The Town Manager suggested postponing this report because the subject matter is referred to future action. Tracy Watson made a MOTION, seconded by William Gordon, to TABLE Police Building Committee Report. Vote approved 5-0. Facilities Master Planning Committee The Town Manager suggested postponing this report because Mr. Nardella could not be present. Tracy Watson made a MOTION, seconded by William Gordon, to TABLE Facilities Master Planning Committee report. Vote approved 5-0. Town Manager Search Update Mark Rees said that the Interim Town Manager appointed by the Board James Purcell has come to an employment agreement. He will start on June 27, 2011, working with Mark Rees to be updated on current projects, performing the duties set forth in the Town Charter of the Town Manager his average work week will be approximately 24 hours per week including attending Selectmen and Finance Committee meetings. He will be paid $65 per hour and be reimbursed for normal expenses consistent with the Town's mileage reimbursement policy but will not include his travel to and from North Andover. The Town agrees to indemnify and hold harmless James Purcell consistent with the wording in the current Town Manager's contract and it is clear the Mr. Purcell will be treated as a part-time temporary employee and not eligible for any benefits such as health insurance, retirement, vacation or sick leave. Any party can terminate the agreement based on 48 hours notice in writing or e-mail by either party. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the employment agreement for James Purcell as stated. Vote approved 5-0. Town Manager Search At the Board's meeting scheduled for Wednesday, June 22, 2011, Human Resources Director Cathy Darby will be giving the Board the responses by consultants for the RFP. The Town Manager announced Mr. Dick Kobayashi, Senior Consultant from the Collins Center for Public Management at UMASS Boston. Mr. Kobayashi gave a presentation of his role to meet the needs of cities and towns and help them to hire good people in management positions. Selectmen asked questions regarding the search for a town manager pertaining to timeline, resources, fees, and a proposal for the town. Town Manager's Contract Donald Stewart made a MOTION, seconded by William Gordon, to waive the 90-day notice of separation in the Town Manager's contract and allow the Town Manager to leave on June 30, 2011. Vote approved 5-0. Note: Daniel Lanen and Rosemary Smedile recused Police Chief Search Update The Town Manager said that the Assessment Center is scheduled for early July and results around July 18, 2011. The deadline for internal candidates to submit interest is this Wednesday. Note: Daniel Lanen and Rosemary Smedile returned Wheelabrator Settlement Town Counsel Thomas Urbelis explained that the Attorney General's office sent notice to the Town of a recent settlement of environmental claims re: Distribution of Municipal Fund in Commonwealth v. Wheelabrator Saugus, Inc. et al., Civil Action No. 2011-348A (Essex Superior Court). In order to receive Board of Selectmen Minutes June 20, 2011 4 the municipality's payment the Consent Judgment requires each municipality sign a release and North Andover will received $227,954.25. Selectmen had questions regarding the wording of this settlement and asked Attorney Thomas Urbelis to contact the Attorney General's office and see if the release can be rewritten for clarification before the Selectmen sign the release. Use of Wheelabrator Funds and Priority of Environmental Projects The Town Manager asked the Board to prioritize the six departmental proposed projects that were submitted. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to use these funds subject to Town Manager's further investigation to 1) Board of Health, Trash Truck Monitoring System; and 2) Stevens Pond Parking Lot Improvements; 3)tree replacement throughout town. Vote approved 5-0. NEW BUSINESS: Special Legislation to confirm June 7, 2011, Town Meeting actions Town Counsel Thomas Urbelis explained that Selectmen should send a letter to the town's representatives and senators requesting the special legislation and reasons for it. They then jointly request the Governor to file it. The Governor then submits the legislation to the legislature to ratify, validate and confirm an action taken by the town at Town Meeting because there was an error made by the town regarding a specific requirement in the posting, notice, warrant article, or something of that nature. Tracy Watson made a MOTION, seconded by Donald Stewart, to send a letter to the town's representatives and senators requesting the special legislation and reasons for it. Vote approved 5-0. TOWN MANAGER'S REPORT: As part of the Verizon franchise agreement, they are obligated to pay the town this year$74,000 in support of the town's communications network. These funds will be deposited into a designated account set up to support network facilities or other functionally equivalent purposes. ABCC Hearing on Beijing Restaurant is scheduled for June 29, 2011. Haute-Dish is having a grand opening on June 24, 2011. PUBLIC COMMENT School Committee member Stan Limpert offered the Board any assistance in the Town Manager search. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board