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HomeMy WebLinkAbout2006-09-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 25, 2006 CALL TO ORDER: Thomas Licciardello called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Thomas Licciardello, Chairman; Rosemary Connelly Smedile, James Xenakis; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by James Xenakis, to move into Executive Session to discuss Collective Bargaining, Police Union. Vote approved 4-0-1. Daniel Lanen abstained. Selectman Lanen recused himself from the Executive Session. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; James Xenakis yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas Licciardello yes. Vote approved 5-0. Selectman Lanen returned to the Open Session Meeting. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the minutes of the following sessions: August 14, 2006, Executive Session Minutes as written and September 18, 2006, Open Session Minutes as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Cindy Jalbert, 175 Webster Woods Lane, had some input and some suggestions regarding the Town's Quarterly Newsletter sent to all the residents in town. PUBLIC HEARINGS: National Grid Pole Petitions Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to open the Public Hearing. Vote approved 5-0. National Grid requested a desire to install a new push brace on Pole 1223 on Chestnut Street. Abutter Albert Comasch, 154 Milk Street objected to this push brace and was concerned about possible damage to a tree on that site. National Grid said that they would work with the abutter and work out any problems and would asked to continue this petition at the Board's next scheduled meeting on October 10, 2006. National Grid requested a desire to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways named Johnson Circle. James Xenakis made a MOTION, seconded by Mark Caggiano, to approve construction of underground electric conduits on Johnson Circle. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by James Xenakis, to close the Public Hearing. Vote approved 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Cynthia Rostaic, Stevens Estate, 723 Osgood Street, requested the following one-day licenses: 1. Ernn Rehearsal Dinner, Friday, October 6, 2006, from 5:00— 10:00 PM, Beer&Wine License. 2. Ernn Wedding, Saturday, October 7, 2006, from 4:00— 10:00 PM, Full Liquor Bar 3. Meegan Wedding, Sunday, October 8, 2006, from 4:00—9:00 PM, Full Liquor Bar Board of Selectmen Minutes September 25, 2006 2 James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the one-day licenses. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. NEW BUSINESS: Borrowing Authorization The Board was asked to approve $2.3 million in general obligation bonds and $11.2 million in bond anticipation notes to fund the town's capital improvement budget, continued financing of the High School and financing of Community Preservation Act projects. Financial Advisor David Eisenthall of Unibank was present to answer any questions. The Town's two rating agencies, Moody and Standard and Poor continue to express concerns relative to the town's declining fund balance and lack of adequate reserves. James Xenakis made a MOTION, seconded by Mark Caggiano, to approve $2.3 million in general obligation bonds and $11.2 million in bond anticipation notes. Vote approved 5-0. Selectman Daniel Lanen recused himself from the meeting. Police Detail Policy— Liquor Serving Establishments Selectman Xenakis requested a discussion on allowing police officers to provide security details to restaurants and bars that serve alcoholic beverages. Police Chief Stanley and Labor Counsel Daniel Brown provided their recommendations and opinions. Labor Counsel Daniel Brown's recommendation was that the Board of Selectmen couldn't compel the Police Chief to allow the details. The Police Chief has broad authority and discretion is assigning his officers to their duties, including details. Police Chief Richard Stanley and his command staff are against allowing Police Officers to work these sites for a number of reasons regarding insurance coverage, increased risk that a Police Officer may be injured, subject of civil suits against officers and the town, Chief Stanley's recommendation was to have Police Officers walk in and out of these establishments to make their presence known. The Patrol Division would not be over burdened to the point that they could not make the time to check these few locations with the proper direction. The Selectmen said they would abide by the Chief's recommendation for walk-through and the establishments should have their own security guards take care of unruly patrons and if they could not handle the situation the police should be called. Selectman Daniel Lanen returned to the meeting. Memorandum of Understanding — Hiring of Additional Teachers Selectmen Licciardello and Smedile presented a Memorandum of Agreement as members of the Budget Communications Group to give $250,000 to the School Department to alleviate overcrowding classrooms at the town's public schools. This money comes from "Free Cash"that is often found after balancing the books and put into reserve funds for an emergency. In this case, the money came from improved interest earnings, and aggressive program by the town to go after overdue taxes and work by Building Inspector Gerald Brown to collect all building fees as more development comes to North Andover. Free Cash is usually not spent until after it is certified by the state in December, but the selectmen were willing to accept the risk of spending that money now with the assumption that the amount of free cash that is certified will be enough to cover the $250,000 and have money left over to put into the town's reserve account. School Committee member William Kelly said administrators will make recommendations to develop a creative plan to alleviate the overcrowding issue and reduce classrooms size and this plan would be brought to the School Committee for approval. Concerned residents discussed the many issues and needs of the school department and how the money should be spent and why the free cash was not projected before Town Meeting. Board of Selectmen Minutes September 25, 2006 3 Selectmen said that it was the School Committee's decision on how they would use the money to help the current crisis. The State Department Of Revenue, and town's auditors said it is not a good practice to project free cash. Chairman of the Finance Committee Michael Batsimm said the Finance Committee supports the Board of Selectmen and has no objections to giving the School Department$250,000, but will not get involved in any final decisions. James Xenakis made a MOTION, seconded by Rosemary Smedile, to adopt the MOA between the Board of Selectmen and the School Committee to hire additional teaching staff at a cost not to exceed $250,000 in anticipation of the Town's FY06 Free Cash be certified at an amount in excess of the $250,000 and that a future session of Town Meeting vote to transfer the funds from certified free cash. Should neither of these two occurrences not happen, and then the parties agree to meet and amicable resolve the resulting budget deficit. Vote approved 5-0. Special Town Meeting Discussion At the request of the Town Manager the Town Clerk and Town Departments provided information that would constitute whether a Special Town Meeting should be held in either the fall of 2006 or early in 2007. There were only three articles brought forward at this time. Director of Community Development Curt Bellavance submitted three articles on rezoning portions of land at 1600 Osgood Street as an Osgood Smart Growth Overlay District. A proposed timeline for these articles would be inline with a Special Town Meeting in late January or early February. The Town Manager said there was not need to have a Special Town Meeting until January of February of 2007. FY08 Budget Calendar The Town Manager drafted a FY08 Budget Calendar for the Board's consideration and approval. James Xenakis made a MOTION, seconded by Mark Caggiano, to adopt the FY08 Budget Calendar presented by the Town Manger subject to approval by the Finance Committee. Vote approved 5-0. TOWN MANAGER'S REPORT: On Monday, September 18, 2006 a meeting was held with North Andover Youth Baseball representatives, the Director of Public Works and the Town Engineer to discuss a CPA project to move the location of one of the ball fields at Sharpners Pond Recreation facility. On Friday, September 22, 2006, a meeting was held with all involved parties of the Old Center Improvement Project. So far things are progressing as planned, however, a few potential problems were identified that will need to be resolved. On Friday, a meeting was held with a state official to discuss the new expedited permitting law, Chapter 43D. ADJOURNMENT: James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:30 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board