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HomeMy WebLinkAbout2016-06-06 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 6, 2016 CALL TO ORDER: ChairmanTracy Watson called the meeting to order at 7:05 PM at the School Administration Building Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. 16 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of May 23, 2016. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Introduction of New Staff Members Town Manager, Andrew Maylor, introduced new staff members Donald Belanger (Inspector of Buildings), Gilbert Winner (Laboratory Director at the Water Treatment Plant) Tiffany Blake (Senior Water Analyst) and John Borgesi (Town Engineer). Bond rating upgrade-David Eisenthal, Vice President, UniBank Fiscal Advisory Services, Inc. David Eisenthal, Vice President of UniBank Fiscal Advisory Services, Inc., briefed the Board on the recent upgrade of the bond rating from AA+ to AAA. Annual update from Planning Board Planning Board Chairman, John Simons, gave the annual update from the Planning Board. A presentation was included in the packets. Town Manager, Andrew Maylor, indicated that Eric Kfoury and Ray Santilli will be working on the RFP for a company to coordinate the Master Plan. Typically it will take 12-18 months to complete the Master Plan. Annual update from Zoning Board of Appeals Al Manzi, Chairman of the Zoning Board of Appeals, gave the annual update from the Zoning Board. Selectmen meeting schedule July-December 2016 Included in the packets was the proposed meeting schedule for July-December. The Board agreed to ththstst change the August 8 meeting to August 15 and October 31 to November 1. CONSENT ITEMS: Vote to sell general obligation bonds of the Town and approve refunding of general obligation bonds Phil Decologero made a MOTION, seconded by Rosemary Smedile that the Board vote the following: That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to June 1, 2009 maturing in the years 2020 through 2023 (inclusive), 2026 and 2029 in the aggregate refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium, if any, and interest on the Refunded Bonds and costs of issuance of the refunding bonds. Further that the sale of the $8,325,047 General Obligation Municipal Purpose Loan of 2016 Bonds of $8,522,313.21 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be Board of Selectmen Minutes June 6, 2016 2 payable on January 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 2017 $545,047 2.00% 2027 $380,000 2.00% 2018 530,000 2.00 2028 365,000 2.00 2019 530,000 2.00 2029 345,000 2.00 2020 705,000 2.00 2030 235,000 2.00 2021 705,000 2.00 2031 235,000 2.25 2022 530,000 2.00 2032 235,000 2.25 2023 530,000 2.00 2033 235,000 2.25 2024 520,000 2.00 2034 235,000 2.75 2025 515,000 2.00 2035 235,000 2.75 2026 480,000 2.00 2036 235,000 3.00 Further 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 23, 2016, and a final approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further 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 to authorize the execution and delivery of a Refunding Escrow Agreement to be dated June 15, 2016, between the Town and U.S. Bank National Association, as Refunding Escrow Agent. Further 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 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 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. Vote approved 5-0. Ratification of Collective Bargaining Agreement between the Town of North Andover and AFSCME Council 93, Local 2978 Professional Librarians for period July 1, 2016 through June 30, 2019 Included in the packets was the Memorandum of Agreement between the Town and the Professional Librarians union to be ratified by the Board. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen ratify the collective bargaining agreement between the Town of North Andover and AFSCME Council 93, Local 2978- Professional Librarians for the period July 1, 2016 through June 30, 2019. Vote approved 5-0. Ratification of Collective Bargaining Agreement between the Town of North Andover and NEPBA, Local 102 Communications Officers for period July 1, 2016 through June 30, 2019 Included in the packets was the Memorandum of Agreement between the Town and the Communications Officers union to be ratified by the Board. Board of Selectmen Minutes June 6, 2016 3 that Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, the Board of Selectmen ratify the collective bargaining agreement between the Town of North Andover and NEPBA Local 102 Communications Officers for the period July 1, 2016 through June 30, 2019. Vote approved 5- 0. Accept donation from Joseph N. Hermann Youth Center Inc. to Youth & Recreation Services for summer The Joseph N. Hermann Youth Center Inc. generously donated $11,549.80 to the Youth Center to be used towards summer programming and four Summer Fun scholarships. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen accept the donations from Joseph N. Hermann Youth Center Inc. to Youth & Recreation Services totaling $11,549.80 to be used towards summer programming and four scholarships to the Summer Fun Program. Vote approved 5-0. Fuel Efficient Vehicle Use Policy Included in the packets was a draft of a Fuel Efficient Vehicle Use Policy. In order to apply for designation as a Green Community, the Board of Selectmen and the School Committee must adopt a Fuel Efficient Vehicle Use Policy. The policy will only apply when a new vehicle is purchased. The Town is not required to replace any of its current vehicles. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen adopt the Fuel Efficient Vehicle Use Policy as presented. Vote approved 5-0. National Grid request to excavate from 595 Boxford Street to Wellington Way for the purpose of installing new gas mains Steve Dalback, Gas Supervisor for National Grid, was present to request from the Board permission to excavate from 595 Boxford Street to a new development at Wellington Way. Mr. Dalback confirmed the trench would be outside the pavement on the shoulder of the road. Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the request of National Grid to excavate from 595 Boxford Street to Wellington Way for the purpose of installing new gas mains, subject to the conditions outlined by the Police Department and the DPW on May 23, 2016. Vote approved 5-0. Dissolution of Audit Committee Included in the packet was a memorandum from Chairman Watson regarding the Audit Committee. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen dissolve the Audit Committee established by the Board on September 8, 2008, as amended on May 23, 2011, and delegate back to the Board of Selectmen the responsibilities of reviewing the RFPs for the audit firms, selecting the desired firm to conduct the audit and approve the draft audit prepared by the selected audit firm. Vote approved 5-0. Vote to adopt the Regional Multi-Hazard Mitigation Plan Update 2016 Included in the packets was a memorandum from Eric Kfoury, Director of Community and Economic Development, asking the Board to adopt the Regional Multi-Hazard Mitigation Plan Update 2016. By adopting the Plan, the Town would be eligible to receive FEMA funds for certain programs. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen adopt the Merrimack Valley Region Multi Hazard Mitigation Plan Update 2016, as presented. Vote approved 5-0. LICENSING COMMISSIONERS: Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Requests of Smolak Farms, LLC for All Alcoholic General On Premises Licenses Smolak Farms is requesting three general on premises licenses for the tent area and pine grove, the barn area and the farm stand area. Attorney Kate Connell was present with owner, Michael Smolak. Board of Selectmen Minutes June 6, 2016 4 The Board raised concerns about the number of events that could happen simultaneously and events during the week. Attorney Timothy Schiavone representing the Wiggert Family at 790 Dale Street, stated he believed this license is not allowed under the zoning bylaws. Donald Stewart made a MOTION, seconded by Rosemary Smedile to approve the three license requests of Smolak Farms. After discussion, Mr. Stewart withdrew his motion. Mr. Smolak withdrew his request for the farm stand area. Francis Birmingham of 776 Dale Street indicated the noise is still a problem. Mr. Smolak requested a continuance of the matter. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to table the matter until the next meeting on June 20, 2016. Vote approved 5-0. Request for Change of Manager- Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen, acting ick Oven Ristorante from Nicholas J. Joseph to Argishti Gukasyan. Vote approved 5-0. Request of North Andover VFW Post 2104 for one day wine and malt licenses for 4 th of July celebration on the Common on Sunday, July 3, 2016 from 12pm-10:00pm and Monday July 4, 2016 from 9:00am- 10:00pm and waiver of the fee Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of North Andover VFW Post 2104 for one th day wine and malt licenses for 4 of July celebration on the Common on July 3, 2016 from 12pm- 10pm and July 4, 2016 from 9:00am to 10:00pm and waive all fees. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: None Update on Merrimack College pedestrian walkway project The Town Manager gave an update on the progress of the pedestrian walkway project at Merrimack College. Update on Facilities Master Plan Assistant Town Manager, Ray Santilli, updated the Board of the current project and displayed a rendering of the new Public Works building. Ask the Manager None May 2016 Monthly Report-Fire Department Included in the packets was the monthly report from the Fire Department. May 2016 Monthly Report-Police Department Included in the packets was the monthly report from the Police Department. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at 9:30p.m. Vote approved 5-0. Board of Selectmen Minutes June 6, 2016 5 Laurie A. Burzlaff Executive Assistant _______________________________ Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of May 23, 2016 Planning Board Report Memorandum-Sale of bonds Memorandum-Professional Librarians Memorandum-Communications Officers Donation from JNHYC, Inc. Fuel Efficient Vehicle Use Policy National Grid Request Memorandum-Audit Committee Memorandum-Multi Hazard Mitigation Plan Requests of Smolak Farms Request of Bertuccis Request of VFW Proposed sidewalk plan Fire Department report Police Department report Handout from Attorney Schiavone TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Tracy M. Watson, Chairman TEL. (978) 688-9510 Phil DeCologero, Clerk FAX (978) 688-9556 Rosemary Connelly Smedile Donald B. Stewart Richard M. Vaillancourt BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, JUNE 6, 2016 7:00 PM OPEN SESSION SCHOOL ADMINISTRATION BUILDING 566 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. May 23, 2016 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Introduction of new staff members 1. Tiffany Blake-Senior Water Analyst, Water Treatment Plant 2. Gilbert Winner-Laboratory Director, Water Treatment Plant 3. John Borgesi-Town Engineer 4. Donald Belanger- Inspector of Buildings B. Bond rating upgrade-David Eisenthal, Vice President, UniBank Fiscal Advisory Services, Inc. C. Annual update from Planning Board D. Annual update from Zoning Board of Appeals E. Selectmen meeting schedule July-December 2016 V. CONSENT ITEMS A. Vote to sell general obligation bonds of the Town and approve refunding of general obligation bonds B. Ratification of Collective Bargaining Agreement between the Town of North Andover and AFSCME Council 93, Local 2978 Professional Librarians for period July 1, 2016 through June 30, 2019 C. Ratification of Collective Bargaining Agreement between the Town of North Andover and NEPBA, Local 102 Communications Officers for period July 1, 2016 through June 30, 2019 D. Accept donation from Joseph N. Hermann Youth Center Inc. to Youth & Recreation Services for E. Fuel Efficient Vehicle Use Policy F. National Grid request to excavate from 595 Boxford Street to Wellington Way for the purpose of installing new gas mains G. Dissolution of Audit Committee H. Vote to adopt the Regional Multi-Hazard Mitigation Plan Update 2016 VI. LICENSING COMMISSIONERS A. Requests of Smolak Farms, LLC for All Alcoholic General On Premises Licenses 1. Tent Area and Pine Grove 2. Barn Area 3. Farm Stand Area B. Request for Change of Manager- C. Request of North Andover VFW Post 2104 for one day wine and malt licenses for 4 th of July celebration on the Common on Sunday, July 3, 2016 from 12pm-10:00pm and Monday July 4, 2016 from 9:00am-10:00pm and waiver of the fee VII. OLD BUSINESS VIII. NEW BUSINESS IX. PUBLIC COMMENT X. A. Update on Merrimack College pedestrian walkway project B. Update on Facilities Master Plan C. D. May 2016 Monthly Report-Fire Department E. May 2016 Monthly Report-Police Department XI. NEXT MEETING DATE Monday, June 20, 2016 XII. ADJOURNMENT VOTE OF THE BOARD OF SELECTMEN I, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts (the 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 in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A $8,072,134 General Obligation Bonds dated June 1, 2009 maturing in the years 2020 through 2023 (inclusive), 2026 and 2029 in the aggregate principal amount of $1,615,000 pursuant to this vote shall be used to pay the principal, redemption premium, if any, and interest on the Refunded Bonds and costs of issuance of the refunding bonds. Further Voted: that the sale of the $8,325,047 General Obligation Municipal W. Baird & Co., Inc. at the price of $8,522,313.21 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on January 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 2017 $545,047 2.00% 2027 $380,000 2.00% 2018 530,000 2.00 2028 365,000 2.00 2019 530,000 2.00 2029 345,000 2.00 2020 705,000 2.00 2030 235,000 2.00 2021 705,000 2.00 2031 235,000 2.25 2022 530,000 2.00 2032 235,000 2.25 2023 530,000 2.00 2033 235,000 2.25 2024 520,000 2.00 2034 235,000 2.75 2025 515,000 2.00 2035 235,000 2.75 2026 480,000 2.00 2036 235,000 3.00 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 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: to authorize the execution and delivery of a Refunding Escrow Agreement to be dated June 15, 2016, between the Town and U.S. Bank National Association, as Refunding Escrow Agent. 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 6, 2016 _____________________________________ Clerk of the Board of Selectmen AM 58004940.1 2 T,able 1: Summary Of U'se Regulations Zonine Distrias M.- awwavie, wilt a Speciai Pennit only. Now. 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