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HomeMy WebLinkAbout2007-08-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 20, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: James Xenakis, Chairman; Thomas Licciardello; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss Collective Bargaining. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas Licciardello yes; James Xenakis yes. Vote approved 5-0. Note: Daniel Lanen Recused from Executive Session Note: Daniel Lanen Returned to Open Session APPROVAL OF MINUTES: Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the minutes of June 25, 2007. Vote approved 5-0. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the minutes as amended for July 23, 2007, Executive Session and Open Session. Vote approved 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Fields Committee Proposal for New Playing Fields TABLED Wireless Communications: Steve Tryder Steve Tryder of 386 Chestnut Street asked the Board to discuss "calling a special town meeting to place a moratorium on all wireless antenna applications and granting of permits until the (Wireless Communications) committee (created at the May 2007 annual town meeting) presents its findings at the 2008 annual town meeting". The Board said Town Counsel has advised them legally that this is a Federal issue and not a Town issue and is explained in the town bylaw. The Town cannot discriminate or prohibit Towers where there is a gap in wireless coverage. The Wireless Committee can discuss the health issues, but a moratorium cannot affect and stop an existing application. The Board would inform Mr. Tryder if a Fall Town Meeting would be scheduled and he could place a Warrant Article for that meeting. The Board directed Mr. Tryder to go before the Planning Board. APPOINTMENTS: Appointment to the Historical Commission Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to appoint Barbara Somers to the Historical Commission. Vote approved 5-0. Appointment to the Town Clerk as Federal Census Liaison Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to appoint Joyce Bradshaw Town Clerk as Federal Census Liaison. Vote approved 5-0. Board of Selectmen Minutes August 20, 2007 2 Appointment to the Cultural Council Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to appoint Anne Marie Erler to the Cultural Council. Vote approved 5-0. Note: Daniel Lanen Recused from Executive Session Appointment of Police Officer Stephen M. Diminico Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to appoint Stephen M. Diminico as a Police Officer contingent of the successful completion of the required physical abilities test. Vote approved 4-0. Note: Daniel Lanen Returned to Open Session Resolution in Support of"Mass Recycles Paper" Campaign Mark Caggiano made a MOTION, seconded by Rosemary Smedile, supporting a Resolution of"Mass Recycles Paper Campaign"Vote approved 5-0. Picnic at the Concert For the conclusion of its summer concert series, the North Andover Recreation Council presents "Picnic at the Concert"with the John Penny Band on Tuesday evening, August 28, 2007, starting at 6:00 p.m. CONSENT ITEMS: Acceptance of Donation-Summer Concert Series Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept the donation of$100 from 1600 Osgood Street for the Summer Band Concerts and Children Shows. Vote approved 5-0. Acceptance of Donation —Friends of North Andover Senior Group Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to accept the donations of a refrigerator, laptop computer, paper cutter, safe, copy machine, & power point projector to the Senior Center from the Friends of North Andover. Vote approved 5-0. Woodberry Lane Sewer Easement The Board of Selectmen were asked to accept and sign the utility easements at 45 Woodberry Lane that are necessary to install new water and sewer lines from Thistle Road to Woodberry Lane. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to accept and sign the utility easements at 45 Woodberry Lane. Vote approved 5-0. Affordable Housing Unit—Right of First Refusal The Housing Partnership Committee recommended that the Board should not exercise their right of first refusal for the affordable housing resale Unit 107B at 200 Chickering Road. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, not to exercise their right of first refusal for the affordable housing resale Unit 107B at 200 Chickering Road and allow CHAPA to sell the unit to another qualified buyer who will maintain its affordability. Vote approved 5-0. St Michael Church Picnic—Sunday, September 9, 2007 St Michael Church requests to close a portion of Main Street for a Block Party Picnic. The Police, Fire and DPW recommended favorable action and would be present at this event. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve closing a portion of Main Street on September 9, 2007. Vote approved 5-0. LICENSING COMMISSIONERS: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved 5-0. Board of Selectmen Minutes August 20, 2007 3 Note: James Xenakis recused. Note: Mark Caggiano recused. Request for One-day license North Parish Church Sue Sinacure of North Parish Church requests a one-day full bar license with a waiver for the license fee for a Fundraising event for People's Pantry, August 25th from 6:30 p.m. to 11:30 p.m. at 3 Great Pond Rd. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello to grant the one-day full bar license with a waiver for the license fee for North Parish Church. Vote approved 3-0. Note: James Xenakis returned. Note: Mark Caggiano returned. Review of Police Reports Licensing Chairman Caggiano informed the Licensing Commissioners that he has received Police Department incident reports that took place recently at three licensed liquor establishments in town. The Board was asked to decide what action, if any, to take in regards to these incidents. An incident report about a disturbance at the China Blossom Restaurant on July 28, 2007 Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to have a Formal Hearing regarding this incident 30 days from today. Vote approved 5-0. Note: James Xenakis recused. An incident report relating to a liquor violation at Richdale Store at 75 Chickering Road on July 18, 2007. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to have a Formal Hearing regarding this incident 30 days from today. Vote approved 4-0. An incident report relating to a liquor violation at Main Street Liquors at 60 Main Street on August 3, 2007. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to have a Police Officer to review the tape and schedule a Formal Hearing regarding this incident 30 days from today. Vote approved 4-0. Note: Daniel Lanen recused. LICENSING PUBLIC HEARING: Liquor License Violation Hearing: Beijing Restaurant/Millennium Eatery, Inc. Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Public Hearing. Vote approved 4-0. The Licensing Chairman called the hearing to order and read the notice of the hearing for the December 15, 2006 incident. The Chairman announced that, with the consent of the license holder, this is also a hearing for the January 18, 2007 incident. The Chair read the incident reports for December 15, 2006 and January 18, 2007. Wen Jing Huang, Manager of the Millennium Eatery, Inc. Beijing Restaurant, 1250 Osgood Street, said that she was very sorry about the incident and would do more security in the future. The Board asked questions regarding the incidents and that this was a serious occurrence and what the management would do to prevent future incidents from happening. Board of Selectmen Minutes August 20, 2007 4 Attorney Albert Manzi, III represented the establishment and said that the owner would engage a new security system and hire outside security help. James Xenakis made a MOTION, seconded by Thomas Licciardello to close the Public Hearing. Vote approved 4-0. Decision James Xenakis made a MOTION, seconded by Thomas Licciardello, that the Commission not make a finding of a violation but that the Commission should issue a letter of reprimand to the license holder to be more vigilant in security measures and that the license holder hire an outside security firm within 45 days and that the license holder implement the plan within 45 days thereafter, and that the license holder report to the Commission upon the implementation of the security plan as to what measures were taken, and that this matter not be reported to the Alcoholic Beverage Control Commission as a violation. Vote approved 3-1-0. Rosemary Smedile opposed. Licensing Chairman Caggiano said that he has been working with Town Counsel Thomas Urbelis and the Town Clerk's office to update the policy and guidelines for Licensing Violation Procedures. This policy would be presented to the Board at a future meeting. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 4-0. Note: Daniel Lanen returned. OLD BUSINESS: Personnel Policy At a previous meeting the Selectmen were given a draft personnel policy to review. Per town bylaw, prior to the Board voting to accept, modify or reject the policy, a Public Hearing was required. PUBLIC HEARING— PERSONNEL POLICY Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to open the Public Hearing. Vote approved 5-0. The Chairman asked if the Board or anyone in the audience had any questions or concerns regarding the Personnel Policy. No one had any questions. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 5-0. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve and adopt the Personnel Policy dated July 2, 2007. Vote approved 5-0. NEW BUSINESS: Note: Daniel Lanen recused Police Rules and Regulations As part of the Police Department's efforts to become an accredited department by the Commission on Accreditation for Law Enforcement Agencies, the department is updating its rules and regulations. Sergeant Diane M. Heffernan has been working on this project and at this time the first section of the revised Policies and Procedures, which comply with current CALEA standards, are being presented. Per state law, once presented with the rules and regulations the Board of Selectmen have 30 days to act upon them or they become approved by default. This will be voted on at a future meeting. Board of Selectmen Minutes August 20, 2007 5 Note: Daniel Lanen returned Municipal Coalition for Affordable Housing The Board received an invitation to join the Municipal Coalition for Affordable Housing, which was created to advocate for changes in Chapter 40B that enhance municipal control over affordable housing proposals. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to join the Municipal Coalition for Affordable Housing to advocate for changes to the State on Chapter 40B proposals. Vote approved 5-0. TOWN MANAGER'S REPORT: • The Town recently received notice from Mass Highway that they intend to make improvements to the intersection of Rte. 125/Turnpike Street and Hillside Road including a traffic light and adding travel lanes. • A meeting was held on August 13, 2007, between representatives of NOMID Trust and the town regarding the town's requirement that North Andover's water not be transferred off the NOMID Trust as a condition of the town approving the inter-municipal agreement with the Town of Middleton. Even though the town offered additional concession in terms of a 30-day "cure" period, no resolution of this matter was agreed to by the parties. • The Board decided that the town should walk away from this inter-municipal agreement. • Recent News Articles about the State's lack of funding for future 40R contracts would impact the Town's proposal with Osgood Landing. The Town Manager contacted our Legislature Delegation and Representative David Torrisi sent a letter to the Chairman of the Appropriated Committee requesting that funding be allocated and brought before the supplemental budget and recognizes our concern over this and is confident that the funding would be resolved in the near future. • The town has issued an RFP for a Project Manager for Police Station Project and moving forward to establishing a building project committee. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:30 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board