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HomeMy WebLinkAbout2006-10-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 24, 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: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining and Real Estate Matters. Vote approved 5-0. 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. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of October 10, 2006. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Executive Session Minutes of October 10, 2006. Vote approved 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Certificate of Appreciation to Brooks School The Board of Selectmen presented a Certificate of Appreciation to Headmaster Larry Becker fro the generous donation of two police cruisers to the North Andover Police Department. Public Comment School Committee Chairman Alfred Perry was the first to request money be given to the high school for more teachers to help lift the accreditation warning status recently placed on the school by the New England Association of Schools and College. He said the added teachers would lower class sizes and show the town's commitment to education. Cindy Jalbert, 175 Webster Wood Lane, Joyce Smith, 5 Francis Street, Judy Goodwin, 10 Campbell Road, Ronn Faigen, 110 Fuller Road and Mark DeSalvo, 1011 Great Pond Road, voiced their opinions, some commending the Board of being fiscally responsible and others questioning the Board of knowing about the Free Cash amount and why they did not share the information with the town at the Special Town Meeting on July 10, which could have avoided some of the cuts that were made in the town budget. Since the town announced last week that the state certified $2.1 million in free cash —money the town earned in 2006 that was over what they had budgeted. Chairman Thomas Licciardello said, "It's time to have some fiscal responsibility. It's time to pay off our credit cards." Town Manager Mark Rees said July 10 is too early to know the amount of free cash. The fiscal year ends on June 30, but money is still coming in and Selectmen did not know the amount of free cash available for the Special Town Meeting. Rees said the Department of Revenue strongly recommends that towns not use projections of free cash. Selectmen are recommending that money be used for a $1.1 million deficit they expect in the 2008 budget, a $320,000 school lunch debt, a $190,000 debt to fix local roads, and $250,000 for new teachers and the remaining money, about $240,000 for the town's reserve. Board of Selectmen Minutes October 24, 2006 2 Appointments by the Board of Selectmen James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint James Lyons, Jr. to the Greater Lawrence Community Action Council. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Joseph Silveira to the Recreation Council. Vote approved 5-0. Appointments by the Town Manager Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Town Manager's recommendation of appointing Richard Rowen of the Planning Board from associate member to full member. Vote approved 5-0. Announcement Mark Caggiano made an announcement about an Informational Meeting on November 1, 2006, starting at 7:00 PM in the Selectmen's Meeting Room regarding North Andover's Form of Government. This is informational only on how to change the type of government and the process. Town Accountant: FY06 End of the Year Report, FY07 1St Quarter Report FY06 End of Year Report Town Accountant Lyne Savage gave a summarized report of the FY06 Annual Financial Report, collection of Revenues, State Aid, Local Receipts, Special Revenue Funds and Capital Project Funds. Included were recommendations from Standard & Poor and Moody's Financial Services reaffirming our ratings of A+ and Al, but cautioned the town to maintain adequate reserves for future years. FY07 1 St Quarter Report Town Accountant Lyne Savage reported on budget status of the first quarter of FY07. Tax revenue collections are staying steady with prior year trends. Motor vehicle collections are at 7% at this point in the year. Most revenue is expected in March and April. Payment in Lieu of taxes is received from the Housing Authority in March. Medicare reimbursement is received in October and April. Overall, the total revenue collected of 22.95% is in line with where we should be at this point in the fiscal year. Expenses, there is a concern which relates to the workers compensation line item. This will need to be addressed either by means of a budget transfer from another fixed cost line item or at a future Town Meeting. Enterprise Funds both Sewer and Water are running slightly higher then the expenditure percentage and are both with in the target percentage of 25%. Town Clerk: November 7, 2006 Election Update Joyce Bradshaw Town Clerk gave an update on the November 7, 2007 Election. Polls will be open from 6:00 a.m. to 8:00 p.m. at one location at the High School. CONSENT ITEMS: Warrant for November 7, 2006 Election The Board of Selectmen signed the Warrant for the November 7, 2006 Election. Cambridge Sports Union Rollerski Race on Sunday, November 5, 2006 Mark Caggiano made a MOTION, seconded by James Xenakis, to approve the request by James Doucett for the Annual Rollerski Race on November 5, 2006. Vote approved 5-0. Veterans Day Parade, November 11, 2006 Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the request by Edward Mitchell, Director of Veterans Services to hold a parade on Veterans Day November 11, 2006. Vote approved 5-0. Request to Hire Firefighter Fire Chief William Dolan requested to hire a firefighter to replace a firefighter that has been granted a disability retirement. Board of Selectmen Minutes October 24, 2006 3 James Xenakis made a MOTION, seconded by Mark Caggiano, to grant the request to hire a firefighter. Vote approved 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Informational Hearing: China Blossom Restaurant The Board of Selectmen asked Mr. Richard Yee, owner of the China Blossom to attend the meeting to discuss the circumstances of two incidents that happened at his business on April 29, 2006 and on September 9, 2006. Police Chief Richard Stanley spoke on behalf of Mr. Richard Yee's character and reputation as a well- standing business owner who has owned his business for many years in town and has always cooperated with law enforcement and the regulations of the town. Mr. Yee explained that on those two evenings patrons were involved in fights and patrons were injured. He assured the Board that he is taking action to prevent this from happening again. He has fired his head of security and will cooperate with the North Andover Police Department to keep his business a safe environment for his patrons. He apologized to the Board and asked for forgiveness. TIPS Certification Procedures Licensing Chairman Mark Caggiano informed the board that he is working with Town Counsel Thomas Urbelis to implement a Procedure and Policy for North Andover Licensing for all liquor establishments and is in the process of updating all documents on TIPS training. Cynthia Rostiac, Stevens Estate, 723 Osgood Street, requests the following one-day licenses 1. April Constantineau, Avid Technology, Wed. 10/25/06, from 5:00— 10:00 PM, full liquor bar 2. Ellen Roberge, Roberge Birthday Party, Fri. 10/27/06, from 7:00— 11:00 PM, full liquor bar 3. MaryAnn Williams, Quota International Fundraiser, Sat. 11/4/06, from 7:00— 11:00 PM, full liquor bar 4. Stephen Dawe, Steinert and Andover Music Chamber Reception, Thurs. 11/9/06, from 7:30—9:30 PM, beer&wine bar 5. Stephen Dawe, M. Steinert and Sons Cocktail Reception, Fri. 11/10/06, from 7:30—9:30 PM, beer&wine bar 6. Paul Scribner, Woburn High School Reunion, Sat. 11/24/06, from 7:00— 11:00 PM, full liquor bar 7. Debra Carberry, Carberry Wedding, Sat. 11/25/06, from 6:00— 11:00 PM, full liquor bar 8. Laura Gifford, Mother Connection Fundraiser, Thurs. 11/30/06, from 6:30—9:30 PM, beer&wine bar 9. Jamie Hale, Wyeth Holiday Lunch, Fri. 12/8/06, from 12:00—5:00 PM, beer&wine bar 10. Karen Townsend, Aegis Holiday Party, Sat. 12/9/06, from 7:00— 11:00 PM, full liquor bar 11. Jeff Foulds, Foulds Family Party, Sun. 12/10/06, from 3:00—8:00 PM, full liquor bar 12. Sue Moldren, Exit 41 Holiday Party, Thurs. 12/14/06, from 7:00— 11:00 PM, full liquor bar James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the one-day licenses. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by James Xenakis, to move out of licensing. Vote approved 5-0. Board of Selectmen Minutes October 24, 2006 4 PUBLIC HEARINGS: Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Public Hearing. Vote approved 5-0. Underground Storage Tanks 1503 Osgood Street Attorney John Smolak representing 1503 Osgood Street LLC requested approval for a license application of underground storage petroleum products at the property know as 1503 Osgood Street. The project includes the construction of a proposed retail gasoline service station and diesel products. Rosemary Smedile made a MOTION, seconded by James Xenakis, to close the Public Hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the installation of underground storage tanks for storing petroleum products at 1503 Osgood Street for construction of a proposed retail gasoline service station. Vote approved 5-0. OLD BUSINESS: Waste Water Management Plan Scope of Services (Draft) William Hmurciak Director of Public Works presented a draft scope of services for Waste Water Management and asked the board to review and approve. James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the draft Waste Water Management Plan Scope of Services. Vote approved 5-0. NEW BUSINESS: Sewer Relief Fund Request The Commonwealth has a program that allows cities and towns to receive partial reimbursement for debt service associated with sewer line construction costs. In order to receive the approximately$57,000 the town would be eligible to receive under this program, the Board is requested to sign the application for 2007 distribution. Mark Caggiano made a MOTION, seconded by James Xenakis, to sign the application for 2007 distribution for sewer relief and place the funds into the Sewer Enterprise Fund. Vote approved 5-0. FY08 Budget Policy Statement Draft Mark Rees Town Manager presented a draft of the FY2008 Budget Policy Statement for the Board's review. This will be discussed at a future meeting. Board of Selectmen License Fees Review The Town Clerk's office presented a comparison to surrounding communities and recommended possible changes to North Andover's current liquor license fees. Selectman Xenakis suggested that the Town liquor license fees were high enough and did not need an increase. But Selectman Caggiano defended the increases by the number of hours it takes to provide all the services by town employees. License Current Fee Proposed Fee Restaurant A/A $2800 $3000 Inn holder $2800 $3000 Club A/A $1500 $2000 Retail W&M $1400 $1500 One Day A/A $ 80 $ 100 One Day W/M $ 50 $ 75 Other $ 50 $ 75 Common Victualler $ 50 $ 75 Board of Selectmen Minutes October 24, 2006 5 Mark Caggiano made a MOTION, seconded by Daniel Lanen, to increase the liquor license fees as recommended by the Town Clerk's office. Vote approved 4-1. James Xenakis opposed. Utilization of HOME Funds The Town's Housing Partnership Committee requested the Board to authorize the use of HOME funding (Federal Housing Funds) to be used to fund their First Time Homebuyers Assistance Program. They are also requesting consideration of additional HOME funding to supplement an American Training previously approved by the Board. Curt Bellavance Director of Community Development and George Koehler Chair of Housing Partnership presented a plan using funds from the North Shore Consortium (HOME). The money available to North Andover is roughly $70,000. If the funding is not used HOME absorbs the money back into their program. At this point the Town would like to provide funding to American Training $73,600 for rehabilitation of 20 Lincoln Street. The Board's has the authority to disperse these funds. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the (HOME)funding and to disperse the $73,600 to American Training for rehabilitation of 20 Lincoln Street. Vote approved 4-0-1. Rosemary Smedile abstained. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve and establish a First Time Buyers Assistance Program and use (HOME) funds. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Manager reminded the Board that the holidays are quickly descending upon us and they should consider a date and start planning for the Selectmen's Holiday Breakfast. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by James Xenakis, to adjourn the meeting at 10:48 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board