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HomeMy WebLinkAbout2006-12-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 4, 2006 CALL TO ORDER: Thomas Licciardello called the meeting to order at 7:05 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; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss Pending Litigation. 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: Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Minutes of November 20, 2006 Executive Session as written and Open Session as Amended on page 4. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Swearing-In Ceremony Police Officer Patrick Noonan graduated from the Lowell Police Academy on November 16, 2006 and was sworn in as a permanent Police Officer on December 4, 2006. Report from Jeff Coco, Emergency Management Director Jeff Coco Emergency Management Director gave an update from the May floods. Three families are still displaced from their homes because of extensive damage. Mr. Coco commended all of the town employees and volunteers for the help during this natural disaster. Cindy Jalbert, 175 Webster Woods Lane, and Barbara Whidden, 135 Candlestick Road, spoke about the many volunteers that have been putting in time to work on the School budget. Ms. Jalbert was upset about what was printed in the newspapers and said the newspaper reporters should report accurate statements and not just half-truths. Ms. Whidden said when the school budget is completed and reconciled; they will present it to the Board of Selectmen and Finance Committee with a full presentation in January 2007. CONSENT ITEMS: Interim Note for Water Storage Tanks James Xenakis made a MOTION, seconded by Rosemary Smedile, to issue an interim note from the Massachusetts Water Pollution Abatement Trust in the amount not to exceed $5,532,288 for the Water Storage Tank project. Vote approved 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approve the following one-day licenses for the Stevens Estate. Vote approved 5-0. Cynthia Rostiac, Stevens Estate, 739 Osgood Street, requests the following one-day licenses: Theresa Melanson, Avid Holiday Party, Tues. 12/5/06 from 6:00-11:00 PM, Full Liquor Bar Patty Coco, Raytheon Holiday Party, Mon. 12/11/06 from 6:00— 10:00 PM, Full Liquor Bar Board of Selectmen Minutes December 4, 2006 2 Carey Mamel, Millman Holiday Party, Fri. 12/15/06 from 7:00— 12:00 Midnight, Full Liquor Bar Kathy Stevens, Stevens Family Party, Sat. 12/16/06 from 6:00— 11:00 PM, Beer&Wine Bar Licensing Public Hearing: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, at the request of the applicant to continue the public hearing on December 18, 2006, for an Application for Alcoholic Beverage License for Retail Sale, Common Victualler License and Entertainment License for Osgood Convenience LLC, David E. Murray, 1503 Osgood Street, Vote approved 4-0-1. James Xenakis abstained. James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Prescott Street Parking Based on a plan and layout from the DPW the Selectmen agreed to move forward with adjustments to Prescott Street. Mr. Adikondis did not agree with the plan and ask the Selectmen to post "a no drop off sign and tow zone signs in front of his property and walk through the property before making a decision. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to move forward on the plan for Prescott Street subject to a walk through to make sure that there is no mitigating circumstance that wasn't reflected by the engineering. Vote approved 5-0. 40R Bylaw Review Curt Bellavance Community Development Director said the Smart Growth Zoning bylaw was forwarded to the Department of Housing and Community Development for review as well as the Town's land use boards and commissions. The next step is to hold a public hearing and call a special town meeting. Mark Caggiano made a MOTION, seconded by James Xenakis, to go forward with a newspaper advertisement for December 18, 2006 scheduling a public hearing date for the proposed 40R Smart Growth Bylaw. Vote approved 5-0. Calendar for February 7, 2007 Special Town Meeting The Town Manager said that now that the Board voted to move forward with the Osgood Landing 40R proposal, the Board should vote to schedule a date for a Special Town Meeting. Town Clerk Joyce Bradshaw presented guidelines for a Special Town Meeting and a proposed calendar. James Xenakis made a MOTION, seconded by Rosemary Smedile, to schedule a Special Town Meeting on February 7, 2007 and close the warrant on January 8, 2007 at 9:30 p.m. Vote approved 4-1. Mark Caggiano opposed. NEW BUSINESS: Town Election and Campaign Finance Calendar Town Clerk Joyce Bradshaw announced the date of the Town Election to be on Tuesday, March 27, 2007. Note: Selectmen Daniel Lanen recused from the meeting. K-9 Dog Officer Indemnification One of the town's K-9 officers was notified that his homeowners insurance would not cover the possible liability exposure resulting in keeping his dog at home, which is a job requirement for this position. The police officer would be covered by the town's insurance but to provide coverage for the spouse, the board would have to take specific action by either making the spouse a "special municipal employee" or by adding the spouse as an additional insured to the town's policy. Board of Selectmen Minutes December 4, 2006 3 Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to insure the spouse as an "additional insured"for$100,000 on the town's policy. Vote approved 4-0. Selectmen Daniel Lanen returned to the meeting. Selectmen's Meeting Schedule, 1St half of 2007 Mark Caggiano made a MOTION, seconded by James Xenakis, to approve the recommended 2007 meeting schedule for the Board of Selectmen of Jan. 8 &22, Feb. 5 &26, Mar. 19 &26, Apr. 9 &23, May 7 & 14, 21, June 11 &25. Vote approved 5-0. Tax Classification Discussion Chief Assessor Garrett Boles and the Board of Assessors prepared a preliminary summary and impact spreadsheet depending upon which tax factor is chosen. This information is preliminary in nature because the Department of Revenue has not yet certified the Town's real property values (this is the town's tri-annual revaluation year) although it is anticipated that they will do so soon. The current tax classification is based on a 1.18 shift and Selectmen will hold a public hearing on the Tax Classification and make a decision next week on December 11, 2006. The Board asked Assessors to do a tax factor comparison of neighboring cities and towns as to what the CIP shift is with residential and businesses for their next meeting. YTD Financial Report, Thru October 30, 2006 Town Accountant Lyne Savage presented the monthly financial report for Selectmen. Over all, the total revenue collected of 36.83% is in line with our target percentages at this point in the fiscal year. Concerns with the workers compensation line item (projected deficit of$62,000) will cause a deficit in the Debt Service of approximately$48,000. Unemployment and health insurance have potential shortfalls or surplus due to the many variables that affect these accounts, such as insurance claims, and how long an employee will stay on unemployment. These accounts are being monitored on a regular basis and will keep the board updated. All departmental budgets are running either below or slightly above the 33% target at this point in the fiscal year. Enterprise Funds are running higher then the percentage of expenditures. Report on various traffic issues Safety Officer Sgt. Soucy presented a consolidated summary report regarding specific traffic concerns from residents on different roads in town. Sgt. Soucy gave the following recommendations: • HIGH STREET: Preliminary traffic survey and speed survey conducted. Additional speed limit signs should be posted mid block in each direction in the area of Furber Avenue. • MILTON STREET: Reports and findings have been completed and submitted. Caution Children signs can be posted on Milton Street, Richardson Avenue and Pilgrim Road area. • JOHNSON STREET: Preliminary traffic survey and speed survey conducted with reports and findings submitted. Reduce speed ahead signs can be posted before the sections where the speed limit is posted 25MPH and Post additional speed limit signs on the roadway. • BRADFORD STREET: Increased selective enforcement along with posting of Caution Children Signs in the area can assist with the issue of increased traffic. A stop sign ahead sign can also be posted on the downside of the hill to assist with notification to motorists of the intersection at RT 125; this may assist with speed reduction. • BOSTON/SULLIVAN/GRAY: Cut throughs, new homes, deliveries, construction, avoiding other congested streets and roadways all contribute to increased traffic including trucks. Truck exclusion surveys can be conducted when proper procedures and protocols are received. Boston Street is properly posted with speed limits and warning signs for bus stops, bus stop ahead and caution children. Gray Street has a stop sign at Boston Street with no additional signs needed. Sullivan Street has a stop sign at RT 114, caution children and caution pedestrians can be posted. Board of Selectmen Minutes December 4, 2006 4 Mark Caggiano made a MOTION, seconded by James Xenakis, to make the recommended changes proposed by Sgt. Soucy. Vote approved 5-0. Legislative Initiatives for 2007 State Senator Steven Baddour requested suggestion from the Town regarding possible legislation to endorse in the upcoming legislative session. The Board is asked to put the request in a letter and send to the Senator. Selectmen gave the following comments: • Consideration for municipalities to join the GIC state health insurance program, this would give them more bargaining power for better insurance rates. • The state should fund their mandates and PILOT programs. • Make revisions to how the towns negotiate union contracts and not be able to rule own destiny • Allow the public to be heard when the citizens process petitions come before the legislature and vote on petitions. • The state of Massachusetts should take 100% of the cost of Special Education of every child in the state and need to honor their mandates; this would take the burden off the budgets of cities and towns. • Relief from Public Construction laws Town Counsel Fee Town Counsel Thomas Urbelis is requesting consideration to increase his hourly rate from $135 to $150. Attorney Urbelis submitted comparison rates of hourly rates from other cities and towns. The Board asked the Town Manager to do some research of attorney's fees in neighboring cities and towns and bring it back to the board for review and discussion before making a decision. TOWN MANAGER'S REPORT: The MIS Department, in particular Lisa Belfiore with the assistance of numerous town employees, has recently completed work on a major upgrade of the Town's Website www.townofnorthandover.com. Within the next few weeks this upgrade will be `rolled out' and users will find a much more informative and easier to navigate site. Fire Lt. Frederick J. McCarthy was recently awarded a Bachelor of Science in Fire Science. This is Lt. McCarthy's second degree; he also has a bachelor's degree in accounting. Chief Dolan has informed me that Fire Fighter James Loisou will be competing in the World Police and Fire Games to be held in Australia in March of next year. FF Loisou who is participating at his own expense will be competing in a variety of events as described in the enclosed memorandum. The Andover Town Twinning Association, of which the town hosted an event a few months ago, sent a thank you letter and invitation to participate in their program. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:45 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board