HomeMy WebLinkAbout2014-06-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 9, 2014
CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 PM at Town Hall
Meeting Room.
ATTENDANCE: The following were present: Rosemary Smedile Chairman; Richard Vaillancourt, Clerk;
Tracy Watson, Licensing Chairman; Donald Stewart, William Gordon, and Andrew Maylor, Town Manager
and Ray Santilli, Assistant Town Manager.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, seconded by William Gordon, to approve the Open Session
Minutes of May 20, 2014 as written. Vote approved 5-0.
COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificate of Achievement for Excellence in Financial Reporting for FY13
The Certificate of Achievement for Excellence in Financial Reporting for FY13 has been awarded to the
Town of North Andover by the Government Finance Officers Association (GFOA)for its comprehensive
annual financial report. The Certificate of Achievement is the highest form of recognition in the area of
governmental accounting and financial reporting.
CONSENT ITEMS:
Request by Festival Committee to use Town Common for Annual 4th of July Celebration from July 3 at
1:00 p.m. to July 4, 2014 at 11:00 p.m.,
The Festival Committee is requesting to use the Town Common for the Annual 4th of July Celebration
from Thursday, July 3rd at 1:00 p.m. to Friday July 4th at 11:00 p.m. They are also requesting that the
Massachusetts Avenue from Osgood Street to Academy Road be closed to traffic on July 3r from 5:00
p.m. to 9:00 p.m. and on July 4th from 6:00 a.m. to 5:00 p.m. All relevant Town Departments recommend
approval.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve
the request of the Festival Committee to use the Town Common for the Annual 4th of July Celebration
from Thursday, July 3rd at 1:00 p.m. to Friday July 4th at 11:00 p.m. They are also requesting that the
Massachusetts Avenue from Osgood Street to Academy Road be closed to traffic on July 3r from 5:00
p.m. to 9:00 p.m. and on July 4th from 6:00 a.m. to 5:00 p.m. also to include the curb cuts for Handicap
Parking around the common. Vote approved 5-0.
Jake McDonald of the Program (on behalf of Merrimack College) requests to use Stevens Pond on
Friday, June 20, 2014 from 8:00 a.m. to 11:30 a.m. for Student Orientation Leaders Training.
Jake McDonald of The Program is requesting to use Stevens Pond on Friday, June 20th for Student
Orientation Leaders Training for Merrimack College. Approval is recommended
Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves the
request of Jake McDonald to use Stevens Pond on Friday, June 20, 2014 from 8:00 a.m. to 11:30 a.m. for
Student Orientation Leaders Training for Merrimack College. Vote approved 5-0.
Request by North Andover Country Club for proposed expansion of parking areas
On behalf of the North Andover Country Club, The Morin-Cameron Group, Inc. is requesting to pay for the
cost of widening approximately 100' of Great Pond Road to provide four(4)dedicated public parking
spaces that will not impede traffic on the road.
Richard Vaillancourt stated that he was a member of the North Andover Country Club, but that he had no
financial interest in the matter before the board and would therefore vote on the request.
Donald Steward made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the
request of the North Andover Country Club to pay for the cost of widening approximately 100' of Great
Board of Selectmen Minutes June 9, 2014 2
Pond Road to provide four dedicated public parking spaces and to coordinate such efforts with the Public
Works Department and other appropriate Town department(s). Vote approved 5-0.
Ray Sirois of North Andover Lion's Club requests a waiver of the Building Permit Fees to erect circus tent
The Lions' Club will be holding its annual circus fundraiser in the rear of the North Andover Middle School
on July 5-6, 2014. They are requesting the Board waive the Building Permit fee to erect the circus tent.
Rosemary Smedile stated that she was a member of the Lions Club, but that she had no financial interest
in the matter before the board and would therefore vote on the request.
Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen waives the
Building Permit fee for the Lions' Club to erect the circus tent for their annual fundraiser. Vote approved
5-0.
Christopher Marshall of the Borderline Running Club requests permission to hold Annual 4th of July Road
Races on July 4, 2014 starting at 7:00 a.m.
The Borderline Running Club is requesting permission to hold a 4th of July Road Race in the Old Center
area and for use of the Town Common. The race will include a Kids Fun Run, a 5K, and a 10K. All
relevant Town Departments recommend approval. More information is available at ww uly4thrace.com
Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the
request of the Borderline Running Club to hold a 4th of July Road Race and use of the Town Common on
July 4, 2014 starting at 7:00 a.m. Vote approved 5-0.
Sylvie Foulds of North Andover Merchants Association request to use Town Common for their 3rd Annual
Fall Festival on September 27, 2014 from 10:00 a.m. to 4:00 p.m.
Sylvie Foulds of the North Andover Merchants Association is requesting to use the Town Common for
their 3rd Annual Fall Festival on September 27, 2014 from 10:00 a.m. to 4:00 p.m. and to close
Massachusetts Avenue from Osgood Street to Academy Road during the event. All relevant Town
Departments recommend approval.
William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen
approves the request of North Andover Merchants Association to use the Town Common for their 3rd
Annual Fall Festival on September 27, 2014 from 10:00 a.m. to 4:00 p.m. and to close Massachusetts
Avenue from Osgood Street to Academy Road during the event. Vote approved 5-0.
Request to Dispose of Surplus Equipment— Police Department
Per the Town Policy regarding surplus equipment, please see the memorandum in your packets from
Police Chief Paul Gallagher.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves
the request of Police Chief Paul Gallagher to dispose of surplus gym equipment per his memo to the
Town Manager dated June 2, 2014. Vote approved 5-0.
Waiver of Building Fees for various projects at Scholfield Mill, 170-172 Sutton Street
The Board is asked to approve waiving any and all building fees for various projects at Scholfield Mill.
These include several CPA funded projects (roof replacement, window replacement, etc.)and the
construction of a small addition approved as part of the FY15 CIP at the recent Annual Town Meeting.
Waiver of all fees associated with the building of a new Fire Station at Chickering Road and Prescott
Street
The Board is asked to approve waiving all fees associated with the building of a new Fire Station at
Chickering Road and Prescott Street. This would include filing fees with the Planning Board and Zoning
Board of Appeals as well as building fees.
Waiver of all fees associated with the Redevelopment of McEvoy Field project
The Board is asked to approve waiving all fees associated with the Redevelopment of McEvoy Field
project.
Board of Selectmen Minutes June 9, 2014 3
Waiver of Building Fees for new wall openings project at Atkinson School
The Board is asked to approve waiving building fees for installation of new wall openings for interior
borrowed light units at Atkinson School.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen waives
any and all building fees for various projects at Scholfield Mill, 170-172 Sutton Street, the building of a
new Fire Station at Chickering Road and Prescott Road, with the Redevelopment of McEvoy Field
project, and for the wall openings project at Atkinson School. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen waives
any and all other fees related to the above projects. Vote approved 5-0.
Municipal Purpose Loan
The Board of Selectmen was asked to vote and then sign the Municipal Purpose Loan of 2014 Bonds.
I, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts (the
"Town"), certify that at a meeting of the board held June 9, 2014, of which meeting all members of the
board were duly notified and at which a quorum was present, the following votes were unanimously
passed, all of which appear upon the official record of the board in my custody:
Voted: that the sale of the $8,448,688 General Obligation Municipal Purpose Loan of
2014 Bonds of the Town dated June 18, 2014 (the "Bonds"), to First Southwest Company at the
price of$8,647,976.88 and accrued interest, if any, is hereby approved and confirmed. The
Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at
the respective rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2015 $563,688 2.00% 2024 $435,000 2.50%
2016 560,000 2.00 2025 330,000 3.00
2017 560,000 2.00 2026 335,000 3.00
2018 565,000 2.00 2027 335,000 3.00
2019 565,000 3.00 2028 340,000 3.00
2020 420,000 3.00 2029 345,000 3.00
2021 425,000 2.50 2030 350,000 3.00
2022 430,000 2.50 2034 1,465,000 3.25
2023 425,000 2.50
Further Voted: that the Bonds maturing on June 15, 2034 (a "Term Bond")shall be
subject to mandatory redemption or mature as follows:
Year Amount
2031 $355,000
2032 365,000
2033 370,000
2034* 375,000
*Final Maturity
Further Voted: to approve the sale of a $660,000 0.45 percent General Obligation Bond
Anticipation Note of the Town dated June 18, 2014, and payable June 18, 2015 (the "Note"), to
Century Bank at par.
Further Voted: that in connection with the marketing and sale of the Bonds, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated May 22,
2014, and a final Official Statement dated June 4, 2014 (the "Official Statement"), each in such
Board of Selectmen Minutes June 9, 2014 4
form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed,
approved and adopted.
Further Voted: that the Bonds shall be subject to redemption at the option of the Town
upon such terms and conditions as are set forth in the Official Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are,
authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC
Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking
shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from
time to time.
Further Voted: that we authorize and direct the Treasurer to establish post issuance
federal tax compliance procedures in such form as the Treasurer and bond counsel deem
sufficient, or if such procedures are currently in place, to review and update said procedures, in
order to monitor and maintain the tax-exempt status of the Bonds.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and the
Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and
deliver such certificates, receipts or other documents as may be determined by them, or any of
them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was taken
by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda
included the adoption of the above votes)was filed with the Town Clerk and a copy thereof posted in a
manner conspicuously visible to the public at all hours in or on the municipal building that the office of the
Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or
approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including
Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the
time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken
in executive session, all in accordance with G.L. c.30A, §§18-25 as amended.
Dated: June 9, 2014 XAI-h M. T-X—" J
Clerk of the Board of Selectmen
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve and sign the Municipal
Purpose Loan of 2014 Bonds. Vote approved 5-0.
Town Manager's Appointment to the Planning Board – Lynne Rudnicki from Associate Member to Full
Member
Per the Town Charter, Chapter 4, Section 4, the Board is asked to approve my appointment of Lynne
Rudnicki from Associate Member to Full Member of the Planning Board.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves
the Town Manager's appointment of Lynne Rudnicki from Associate Member to Full Member of the
Planning Board for a term ending June 30, 2017. Vote approved 5-0.
LICENSING COMMISSIONERS:
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Armen Jeknavorian of St. Gregory Armenian Church requests a One Day All Alcohol License for Men's
Annual Cigar Night Fundraiser on June 12, 2014 from 6:00 p.m. to 11:30 p.m.
Board of Selectmen Minutes June 9, 2014 5
Rosemary Smedile made a MOTION, seconded by William Gordon that the Board of Selectmen, acting
as Licensing Commissioners, approves a One-Day All Alcohol License for St. Gregory Armenian Church
on June 12, 2014 from 6:00 p.m. to 11:30 p.m." Vote approved 5-0.
Michael Smolak of Smolak Farms requests a One Day Wine & Malt License for Surprise Party on June
28, 2014 from 6:00 p.m. to 10:00 p.m. (in barn)
Michael Smolak of Smolak Farms requests a One Day All Alcohol License for Desmond/Leblanc wedding
on June 28, 2014 from 5:00 p.m. to 10:00 p.m. (in tent)
Michael Smolak of Smolak Farms requests a One Day All Alcohol License for Roberts/Vezeau wedding
on July 5, 2014 from 5:00 p.m. to 10:00 p.m.
Michael Smolak and Ashley Piazza appeared before the Board to request one-day alcohol licenses for a
surprise party and two weddings. Mr. Smolak informed the Board of the changes he has made moving
the dance floor to a new location, the amplifiers were moved away from the neighborhood and the
absorption curtains have been ordered and expected in about three weeks.
Licensing Chairman Tracy Watson pointed out to Mr. Smolak that the Board received notice yesterday
that the sound barriers were not in place and ordered just a few days ago and that was not acceptable.
They stated that the Board granted the entertainment license and it was contingent upon all of the
stipulations put forth back in January 2014 were completed before the events took place.
Mr. Gordon communicated that he was upset that Mr. Smolak had all winter to get the barriers ordered
and installed and although events were being booked the barriers were not even ordered until June 3,
2014. He communicated that Smolak had put the Board in a bad place and that the Board may have to
amend the entertainment license to allow events to proceed because Smolak is not in compliance. The
Board told Smolak that he would have to inform all potential customers that there will be no music after
July 5th unless these issues are resolved.
The Board said that Smolak would have to appear at their next meetinq� on June 23rd with a resolution.
The Board said they would approve the events on June 28th and July 5 h because they did not want to
spoil any brides and grooms weddings.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen,
acting as Licensing Commissioners, approve a One-Day Wine & Malt License for Smolak Farms on June
28, 2014 from 6:00 p.m. to 10:00 p.m. and a One-Day All Alcohol License for Smolak Farms on June 28,
2014 from 5:00 p.m. to 10:00 p.m. and a One-Day All Alcohol License for Smolak Farms on July 5, 2014
from 5:00 p.m. to 10:00 p.m. Vote approved 5-0.
Philip Hunter of Merrimack College requests a One Day Wine & Malt License at McQuade Library on
June 24, 2014 from 4:00 p.m. to 8:00 p.m.
Philip Hunter of Merrimack College requests a One Day Wine & Malt License at McQuade Library on
June 26, 2014 from 4:00 p.m. to 8:00 p.m.
Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen, acting
as Licensing Commissioners, approves a One-Day Wine & Malt License for Merrimack College at
McQuade Library on June 24, 2014 from 4:00 p.m. to 8:00 p.m. and on June 26, 2014 from 4:00 p.m. to
8:00 p.m." Vote approved 5-0.
David Yee of China Blossom Restaurant, 946 Osgood Street, requests an Alteration of Premises License
to add outdoor seating
Donald Stewart made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting
as Licensing Commissioners, approves an Alteration of Premises License to China Blossom Restaurant,
946 Osgood Street, to add outdoor seating. Vote approved 5-0.
Board of Selectmen Minutes June 9, 2014 6
Kamal Zefta requests Common Victualler and Entertainment Licenses for Falafel Cafe &Grill at 1060
Osgood Street
Donald Stewart made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting
as Licensing Commissioners, approves Common Victualler and Entertainment Licenses for Falafel Cafe
&Grill at 1060 Osgood Street. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
PUBLIC HEARING:
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to enter a Public Hearing regarding
Pole Petitions for Lisa Lane and Abbott Street.
Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Richard Vaillancourt,
and Tracy Watson yes. Vote approved 5-0.
National Grid Pole Petitions—Lisa Lane, and Abbott Street
Dave Boucher spoke of behalf of National Grid for the pole petitions on Lisa Lane and Abbott Street.
Tracy Watson made a MOTION, seconded by Donald Stewart to close a Public Hearing on National Grid
Pole Petitions— Lisa Lane and Abbott Street.
Donald Stewart made a MOTION, seconded by Tracy Watson, to approve National Grid pole petition
#16565903 Lisa Lane— Install (2) 3" concrete encase conduits +/- 15 'from hand hole#997 to the private
property line of driveway to 100 Lisa Lane and to approve National Grid pole petition# 15934037 Abbott
St. — Install (2) 3" conduits +/-10, in the public way to the property line of lot 2 and lot 3 and then into
private property to a hand hole, to provide electric service to the 2 lots. Vote approved 5-0.
Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Richard Vaillancourt,
and Tracy Watson yes. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Town Manager Andrew Maylor informed the Board that interviews were conducted for the search for a
new Town Planner and a decision will be made in the next few weeks.
Capital Projects Status Report
Assistant Town Manager Ray Santilli gave a status summary of on-going capital projects such as the
School Department Administration Building, Redevelopment of McEvoy Field, Stevens Estate, Schofield
Mill Renovations, and Central Fire Station.
Police Department— May 2014 Crime Statistics
A summary of May 2014 crime statistics was provided by Police Chief Paul Gallagher
Fire Department— May 2014 Activity Reports
A summary of May 2014 Activity Report was provided by Fire Chief Andrew Melnikas.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by William Gordon, to adjourn the meeting at 8:45 p.m. Vote
approved 5-0.
Adele J. Johnson
Executive Assistant
Richard Vaillancourt, Clerk of the Board