Loading...
HomeMy WebLinkAbout2011-10-03 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 t10RTW Tracy M. Watson, Chairman 32 6`y° - '�` °� TEL. (978)688-9510 William F.Gordon FAX(978)688-9556 Daniel P. Lanen Rosemary Connelly Smedile Donald B. Stewart SAC"use BOARD OF SELECTMEN &LICENSING COMMISSIONERS AGENDA OCTOBER 3,2011-7:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. EXECUTIVE SESSION A. Contract Negotiations with Non Union Employee III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. Open Session Minutes of September 26, 2011, as written V. COMMUNICATIONS AND ANNOUNCEMENTS VI. LICENSING COMMISSIONERS A. Correction of spelling of"Shama Grill"to"Chama Grill" VII. OLD BUSINESS A. Town Manager Search Committee Update B. Establish dates to open and close the warrant for Special Town Meeting VIII. PUBLIC COMMENT IX. ADJOURNMENT DRAFT BOARD OF SELECTMEN MINUTES SEPTEMBER 26, 2011 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at TOOPM at Town Hall Meeting Room. ATTENDANCE: The following were present: Tracy Watson, Chairman;William F. Gordon, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Daniel Lanen, James Purcell, Interim Town Manager; Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Daniel Lanen, to approve the Open Session Minutes of September 12, 2011, as written. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to approve the Executive Session Minutes of September 12, 2011. Vote approved 5-0. COMMUNICATIONS ANNOUNCEMENTS,AND PUBLIC COMMENT: New Business Recognition The Board of Selectmen presented three Certificate's of Appreciation to local businesses for locating in North Andover. Shadi's Restaurant and Lounge, 586 Chickering Road; LaBottega Wine and Beer, Stonewall Place, 1820 Turnpike Street; and Big Picture Framing, 550 Turnpike Street. Chairman Watson announced that the Board will schedule a meeting on Monday, October 3, 2011, at 7:00 p.m. The chairman of the Town Manager-,Search Committee will be bringing forth final participants. CONSENT ITEMS: St. Paul's Episcopal Church St. Paul's Episcopal Church requests to use the grounds of Veterans Memorial Park on October 2, 2011, from 8:30-11:30 a.m. for"Blessing of the Animals Rosemary Smedile made a MOTION; seconded by William Gordon, to approve the St. Paul's Episcopal Church requests to use the grounds of Veterans Memorial Park on October 2, 2011, from 8:30-11:30 a.m. for"Blessing of the Animals". Vote approved 5 70. North Andover Athletic Association Mike Coakley, President North Andover,Athletic Association requests the use of Town roads for a road race fundraiser on October 22, 2Q11. Rosemary Smedile,made a MOTION, seconded by Donald Stewart, to approve Mike Coakley, President North Andover Athletic Association requests the use of Town roads for a road race fundraiser on October 22, 2011. Vote approved 5-0. Menorah Lighting December 19-28, 2011 Svetlana Seifer of Chabad Lupavitch Jewish Center requests permission to use Town Common for Menorah lighting on December 19-28, 2011. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve Svetlana Seifer of Chabad Lubavitch Jewish Center requests permission to use Town Common for Menorah lighting on December 19-28, 2011. Vote approved 5-0. Cystic Fibrosis Foundation Carol Bradstreet requests to hold fundraiser for Cystic Fibrosis Foundation "Walk to a Sure" and assemble at Drummond Park on Saturday, May 19, 2012, from 9:00 a.m. to 3:00 p.m. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve Carol Bradstreet requests to hold fundraiser for Cystic Fibrosis Foundation Walk to a Sure" and assemble at Drummond Park on Saturday, May 19, 2012, from 9:00 a.m. to 3:00 p.m. Vote approved 5-0. Board of Selectmen Minutes September 26, 2011 Lu 2 PUBLIC HEARING: William Gordon made a MOTION, seconded by Rosemary Smedile, to open the Public Hearing. Vote approved 5-0. National Grid Pole Petition Jeremey Gagne of National Grid submitted pole petition#10509381 Salem Street (166) and Lydia Lane. All abutters were notified and all town departments had no issues with the project. Rosemary Smedile made a MOTION, seconded by William Gordon, to close the Public Hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to approve pole petition#10509381 Salem Street(166) and Lydia Lane. Vote approved 5-0. OLD BUSINESS: FY2013 budget and 2012 Annual Town Meeting Calendar Draft Proposal Town Clerk Joyce Bradshaw drafted a proposed calendar for the Board's approval for the Annual Town Meeting on June 12, 2012, Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the FY2013 Budget and proposed draft calendar for an Annual Town Meeting date of June 12, 2012 subject to additional information and subject to change. Vote approved 5-0. Update of MVRTA Shuttle Service Community Development Director Curt Bellavance gave an update of the Afternoon Shuttle Service provided by the MVRTA. The shuttle service operates in the afternoon and will serve the high school, middle school, library, youth center and YMCA at no cost to the town. Student and Senior fares are $0.60for one way and $1.25 for a full fare. NEW BUSINESS: Elm Street roadway Improvement Project—Acceptance of Easements Community Development Director Curt Bellavance said that the Elm Street roadway project was underway and property owners signed an easement allowing the Town to place a sidewalk across a portion of their property and go around a large Elm tree instead to cutting it down. The neighbors agreed to endorse the easement at no cost to the Town and the Board is asked to accept and sign the easements so that this can be recorded at the Registry of Deeds. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to accept the easements and signed the documents to be recorded at the Registry of Deeds. Vote approved 5-0. Disposal of Surplus Equipment and Vehicles Assistant Town Manager Ray Santilli asked the Board to vote on three separate items for disposal of surplus equipment. 1. Trade-in the existing Catch Basin Cleaning Truck as part of the approved purchase of a new truck value of$5,500. 2. Surplus vehicles and surplus items to be sold at auction. 3. Surplus items to be thrown out as they no longer function and have no resale/salvage value. Selectman Gordon suggested auctioning the Catch Basin Cleaning Truck for not less than $5,600 instead of trading it in for$5,500. If it did not sell, then use it for a trade-in. William Gordon made a MOTION, seconded by Rosemary Smedile, to add the Catch Basin Cleaning Truck to the surplus vehicle auction items with a starting price of not less than $5,600 and if it does not sell to then trade-in towards a new truck. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the Surplus Vehicle and Equipment list to be sold at auction. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the Surplus Items to be thrown out as they no longer function and have no resale/salvage value. Vote approved 5-0. School Department"Green Project Appropriation Request and request for Special Town Meeting Board of Selectmen Minutes September 26, 2011 DRAFT 3 School Superintendent Christopher Hottel and School Business Administrator James Mealey came before the Selectmen to request approval to the state's"Green Repair Program" for three school construction projects; the Atkinson Elementary Windows, the Sargent Elementary Roof, and the Middle School Roof. These projects were part of the CIP for fiscal years 2012, 2013 and 2014. Superintendent Hottel said that these projects are a necessity and a high priority for school repair. The 2011 Town Meeting approved $3.8 million for the projects in June, but the cost increased to a maximum of$4.5 million because of new architectural designs, inflation costs, and extra expenses for following state rules. These projects are eligible for the Massachusetts School Building Authority's (MSBA) Green Repair Program and needs approval from the Board of Selectmen and the Finance Committee for a Special Town Meeting approval of an additional $700,000. The School Department submitted the three projects and will meet with the MSBA on September 28, 2011, to receive final project approval, which would include the state funding 47% of the projects. Selectmen Watson, Smedile and Lanen were skeptical of the value of the increased environmental costs and argued that town residents are still losing in the deal because of promised state funding of 47%, the state mandates municipalities agree to prevailing wage laws and "green" building conditions to reduce a building's energy consumption. Mr. Lanen said the state's construction codes are part of a"broken system". Selectman Smedile said that these projects would cost less in the state of New Hampshire. Even though Selectmen did not like the state's mandates they supported the call for a Special Town Meeting and the support for the three projects. William Gordon made a MOTION, seconded by Donald Stewart, to call for a Special Town Meeting contingent on approval from MSBA for the three North Andover school projects. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to schedule a Special Town Meeting for November 15, 2011 to start at 7:00 p.m. Vote approved 5-0. Halloween Trick or Treat Date &Time The Board had a discussion about changing the day for"Trick or Treat"from the traditional October 31 to the Saturday before Halloween. Rosemary Smedile made a MOTION, seconded by William Gordon, to celebrate"Trick or Treat" on Monday, October 31, 2011, for 2 hours from 5:00—7:00 p.m. William Gordon AMENDED the MOTION, seconded by Rosemary Smedile, to change the Halloween "Trick or Treat" for 2 hours from 5:30—7:30 p.m. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town's outside Auditing Firm started today to do the FY11 audit of the Town's finances. There was a Comcast Cable TV public hearing last week. Now that the Board has approved the FY2013 Budget and 2012 Annual Town Meeting Calendar the Town Manager will request non-monetary articles for Town Meeting and completed Capital Improvement Plan requests. Police Chief Paul Gallagher announced that the Police Department is involved with "Cops for Kids with Cancer" and the recipient of$5,000 is Devan Donegan of North Andover. This is to help the family with medical expenses. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:45 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board i f NO oYH� yASSACHUsE�,g TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail ibradshaw(i4townofnorthandover.com MEMORANDUM TO: Rosemary Connelly Smedile, Chairman Members of the North Andover Licensing Commission James P. Purcell,Interim Town Manager FROM: Joyce A. Bradshaw,Town Clerk SUBJECT: Correction to "Shama Grill" to " ha-ma Grill" DATE: September 20,2011 Attached is a request from Attorney Brian G. Vaughan for a request to modify and correct the application of The Boston Dough, Inc. As his request outlines, a vote by the Licensing Commission to approve the application of The Boston Dough, Inc., d/b/a/ Chama Grill"and to reissue and resubmit a new Form 43 with this correct spelling. This process has been approved by Ralph Sacramone, Executive Director for the ABCC. We have corrected the spelling on our d/b/a certificate. Please contact me or Karen Fitzgibbons if you have any questions. I i I I SMOLAK & VALIGHAN Brian G. -52171 Vaughan 978-327-5219 T:27R•327-5217� F; A T T O R N E Y 5 A T L A W hvaughanC;sniolukvaughan.cnm September 20, 2011 Licensing Commission c/o Joyce A. Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: The Boston Dough, Inc.;�dlb/a Ch'ania Grill 115 Main Street, North Andover, MA Application for All Alcoholic Beverage License,for Restaurant Dear Joyce: Please accept this letter as request to modify and correct the application of The Boston Dough, Inc,for an All Alcohol Beverage License for a Restaurant to be located at 115 Main Street, in order that the license approval may be re-issued and the license issued in the name of"Chama Grill' rather than "Shama Grill' to correct a typographical/spelling error In the Initial application. As discussed and by way of further reference, I have attached the prior approval as was recently issued and-approved by both the Town of North Andover Licensing Commission and the ABCC. However, after the.license was approved, our client identified a spelling/typographical.error in the original application materials. The intended spelling for the business name was "Chama Grill' rather than "Shama Grill,"We discussed this error with Ralph Sacramone, Executive Director for the ABCC. Mr. Saeramone advised that we could submit the change of name for approval by the local'licensing commission and.resubmit a new Form 4$with the proper spelling to. be re-executed, explaining the typographical error and without need to resubmit the entire application or republish notice. As such, please accept this.letter as request to approve the application in,the name of "The,Boston Dough, Inc,.:, d/b/a Chama Grill" and to resubrnitthe Form 43 with the corrected spelling. Should you have any further questions regarding this matter, I can be reached at (978) 327-5217. Very truly yours, Brian G. Vaughan Cc: Shahram Naghibi {00035205;v1} EAST MILL,21 HIGH STREET,SUITE 301,NORTH ANDOVER,MA 01845 WWW.SMOLAICVAUGIiAN.COM 1 • I 'rla�Cammonwoaltti ot'1Vlasyac6usctts Alcoholic Bevorages Control Commission ❑FQrRvConslderatlon 239 Causeway Street Gaston,MA 4114 ORM 43 MUST HE SIGNET}BY LOCAL.UXCENSl1VG AUTHORITY a" North Andover ABCC Livinse Numbar July 2S,2011 17i1y/Tvwn Local Approval Dnlo New License []New Officer/Director Q Pledge of License Q Change Corporate Name d TimsferofLlcense M ChengeofLocadon [].Pledge of5togk Q SeasonalloAnnual [)Change of Manager Q Altkratlon of licensed premises Q Ttans/erofStock (�Change ofLicertseType Q Cordials/liqueurs Permit []IssUanc6 of Stock Q New stockholder ocher [� &Day to 7.Oay Llcense ©Managemant/OperwIng Agreement Wine&Mail:ro All Alcohol Name of Licensee IThe Boston Dough,inc EIN of Llcentee 04.5096848 0/81A j5hama Grill Manager----- g Shahrem Naghlbl AIDDAESSr 115 Main Street,Unit kl CITYITDWNi North Andover STATE IMA I Zip CODE D784S Annual Alf Ah;ohal L-.`.`l �f�i Restaurant Annual or Seasonal id,flJF Category[turu,dha.Wmea Mill Vp, MiIIL[o1Wp111 TYPnr(Aelnbnn4CNb,Y+CYIp� Complote Description of Llcensed Prergises; sp,v,OtAWI0AWo nite,,[It.) EThe ensed premises consists of a 4,927+/.SP reptaurant and bar located at 11S'Mafn Street Unit#1,with indoor s ces/exits and to be modeled as shown In atrached plans, g for 148 guests,with layout, APPIICatlon filed: July 8,.2011 Advenlsnd; July 14,2011 Abutters.Notinedl yes No Dote&11me Date&Attech Pu0catfon Contact Person forTramalon Arty,9rlan Vaughan Phone: 9yB BY?�5220 AQDRESS; z1 High street Suite#a0t CfTYROtNNi North Andover STATE 21P CODE 01845 Remarks; APPROVED - The Lotht LICOnsin9 Aulhorillel ey, AI W hoIIC 9[ve(p9e[Cpnllbl CDIltmtirlolt ' Aalph 5arlamp EKKUtIvu Dltaet%%i ." rr AlICC Remarku +} t Z0/40 3998 9NISN30II DOHH 9SZT4Z44TS Lh!TT TTOZ/Z0/60 APPROVAL COVER SHEE'L 482600062 TS •110ENSENUMBER ,.,,,..,_, , CITYITOWN ' THE BOSTON DOUGH,INC, NORTH ANOOVRR NAME OF LICENS66 TRAN5ACTION TYPE: NEW�ICENSE // QUOTA VERTISEMENT JNV. RTOr ORG PLAN ABUTTERS AlIVROV0 soWert tr,the condhton that Llw Rbow anwa Ilh:nset dellvor to this ComnlAflon ri copy of the Phu Selkty CNrklfitatH faflulrod by M ti,L,c.10,6.14,an mooted by(hepter 304 of thr• Acts uf-')014.bofore the Local Llcensing Authority Issues tha Iiceme pursuant to IA.G.L.C.:138.415A, Pledge of Limso I CIRCLE ONE:REYVRN NO ACTION ._ INFORMATIONAL HEARING REMARK5; This application was reviewed b Executivu Dlractor orDustgnee Date: 4 The Commisslgn bythelr atyrQS sl Ifles thatthpyar' proving/ sapproving this appllcadon, COMMISSION ACTION; CHAIRMAN: CC?MM15510NERr _Date!— J CpMMISSION9Rt Date: 20(10 3Jt/d !DNI8N30X`t 008d 89ZTLZL419 L61T1 T106/ZO/60 Town Manager Search Committee Open Session Meeting Minutes August 24, 2011 CALL TO ORDER: Chairman Jim Xenakis called the meeting to order at 6:12 pm at the Town Hall, 1st floor conference room. ATTENDANCE: Tom Groux of Groux and Associates; Committee Members: Carrie Crouch, Peter Kooken, Linda McHugh, Ted Tripp, Jim Xenakis; School Superintendent Chris Hottel, as a non-voting representative of the School Department. Also present was Cathy Darby, Human Resources Director. OLD BUSINESS Item 1: Linda McHugh made a MOTION to accept the Open Session and Executive Session Minut es of the August 10, 2011 Meeting, seconded by Peter Kooken, voted 5-0. Item 2: There was no public comment. Item 3: Search update by Tom Groux: Sixty two resumes have been submitted with one withdrawal. There was some discussion when people could be contacted who might know candidates or could be used as references for candidates. Tom Groux said this would only be appropriate when the finalists are chosen,their names are made public and they have been notified that their references will be checked. In this case he suggested such contacts be forwarded to him for follow up. There was also some discussion about how to handle discussion of resumes by committee members who might know the applicant. At this point it was decided there was no conflict of interest with current applicants and the Committee could proceed. The next meeting will take place on Wednesday, August 31, 2011, 6 pm, at the Town Hall. Carrie Crouch made a MOTION to move into Executive Session for the purpose of reviewing and discussing candidate resumes. There will be no return to Open Session. The MOTION was seconded by Linda McHugh and was voted 5-0. Chairman Jim Xenakis polled each member individually and each answered yes. The Committee moved into Executive Session at 6:23 pm. Respectfully Submitted, Ted Tripp Clerk 1 Town Manager Search Committee Open Session Meeting Minutes August 31, 2011 CALL TO ORDER: Chairman Jim Xenakis called the meeting to order at 6:02 pm at the Town Hall, 1st floor conference room. ATTENDANCE: Tom Groux of Groux and Associates; Committee Members: Carrie Crouch, Peter Kooken, Linda McHugh, Ted Tripp, Jim Xenakis. Also present was Cathy Darby, Human Resources Director. OLD BUSINESS Item 1: Carrie Crouch made a MOTION to accept the Open Session and Executive Session Minutes of the August 24, 2011 Meeting, seconded by Linda McHugh, voted 5-0. Item 2: There was no public comment. Item 3: Search update by Tom Groux: Tom Groux said he had received one more resume since the last meeting. He has now received 63 resumes with two withdrawals and doesn't expect to receive anymore. Mr. Groux has met with the fire chief,the police chief, the town clerk, and other department heads to get a sense of what they are looking for in a new town manager. The date and time for the next meeting will be determined in the future as candidate interviews are set up. Carrie Crouch made a MOTION to move into Executive Session for the purpose of reviewing and discussing candidate resumes. There will be no return to Open Session. The MOTION was seconded by Linda McHugh and was voted 5-0. Chairman Jim Xenakis polled each member individually and each answered yes. The Committee moved into Executive Session at 6:15 pm. Respectfully Submitted, Ted Tripp Clerk 1 Town Manager Search Committee Open Session Meeting Minutes September 27, 2011 CALL TO ORDER: Chairman Jim Xenakis called the meeting to order at 2:00 pm in the conference room of the North Andover School Administration District Office, 1600 Osgood Landing, Suite 3-59.. ATTENDANCE: Tom Groux of Groux and Associates; Committee Members: Carrie Crouch, Peter Kooken, Linda McHugh, Ted Tripp, Jim Xenakis; School Superintendent Chris Hottel, as a non-voting representative of the School Department. OLD BUSINESS Item 1: Linda McHugh made a MOTION to accept the Open Session and Executive Session Minutes of the September 22, 2011 Meeting, seconded by Carrie Crouch, voted 5-0. Item 2: There was no public comment. Ted Tripp made a MOTION to move into Executive Session for the purpose of interviewing candidates. There will be no return to Open Session. The MOTION was seconded by Carrie Crouch and was voted 5-0. Chairman Jim Xenakis polled each member individually and each answered yes. The Committee moved into Executive Session at 2:02 pm. Respectfully Submitted, Ted Tripp Clerk 1 Town Manager Search Committee Open Session Meeting Minutes September 29, 2011 CALL TO ORDER: Chairman Jim Xenakis called the meeting to order at 2:37 pm in the conference room of the North Andover School Administration District Office, 1600 Osgood Landing, Suite 3-59. ATTENDANCE: Tom Groux of Groux and Associates; Committee Members: Carrie Crouch, Peter Kooken, Linda McHugh, Ted Tripp, Jim Xenakis; School Superintendent Chris Hottel, as a non-voting representative of the School Department. OLD BUSINESS Item 1: Carrie Crouch made a MOTION to accept the Open Session and Executive Session Minutes of the September 27, 2011 Meeting, seconded by Peter Kooken,voted 5-0. Item 2: There was no public comment. Carrie Crouch made a MOTION to move into Executive Session for the purpose of interviewing candidates. There will be no return to Open Session. The MOTION was seconded by Linda McHugh and was voted 5-0. Chairman Jim Xenakis polled each member individually and each answered yes. The Committee moved into Executive Session at 2:28 pm. Respectfully Submitted, Ted Tripp Clerk 1