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HomeMy WebLinkAbout2007-07-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 23, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 6:30 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; Ray Santilli, Assistant Town Manager. FIRE DEPARTMENT PROMOTION/APPOINTMENT CEREMONY Fire Chief William Martineau made the following appointments followed by a swearing in and badge pinning ceremony. Lieutenant Michael J. Beirne was appointed to Deputy Fire Chief(Provisional) Fire Fighter Sean J. Fountain was appointed to Fire Lieutenant (Temporary) EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, 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. APPROVAL OF MINUTES: TABLED until next meeting COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Appointments by Board of Selectmen The Selectmen's appointment subcommittee Smedile and Licciardello recommended the following re- appointments: 1. Joseph Lynch, Conservation Commission, 3 years— reappointment 2. Scott Masse, Conservation Commission, 3 years— reappointment 3. John Mabon, Conservation Commission, 3 years— reappointment 4. Joseph LaGrasse, Zoning Board of Appeals, 3 years—reappointment 5. Ellen P. McIntyre, Zoning Board of Appeals, 3 years— reappointment 6. Thomas Ippolito, Zoning Board of Appeals, 3 years— reappointment 7. Leo Chabot, Historical Commission, 3 years, Festival Committee, 1 year. (The Historical Commission has been operating with five members but is authorized by state law and town charter to have seven members). Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the recommended re- appointments. Vote approved 5-0. Appointments by the Town Manager Mark Rees recommended the following appointments: 1. Jennifer Borax-Kusek, Planning Board, 3 years— reappointment 2. Joseph McCarthy, Board of Health, 3 years—appointment (The Board of Health has been operating with three members but is authorized by state law and town charter to have five members). Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the recommended appointments. Vote approved 5-0. Board of Selectmen Minutes July 23, 2007 2 Certificate of Appreciation —Jason Bonenfant On June 26, 2007, Reserve Police Officer Jason Bonenfant while working security for the Boston Marriott Long Wharf Hotel saved an individual's life by jumping into the Boston Harbor and pulling him to safety on the shore. The Board presented Jason with a Certificate of Appreciation in recognition of his heroic act. CONSENT ITEMS: Acceptance of Donations for Summer Concerts and Children Shows Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept the following donations. Vote approved 5-0. 1. Joe's Variety, Naaman Naamani 50.00 2. I.U.O.E. Local 4 100.00 3. Knights of Columbus Council 3819 100.00 4. Nancy Chippendales Dance Studios 500.00 5. North Andover Firefighters Local 2035 400.00 6. Representative David Torrisi 100.00 7. Rolf's Restaurant 100.00 8. Wheelabrator Technologies, Inc. 2000.00 Acceptance of Deeds; North Andover Business Park Roads The Board was requested to sign these deeds as the last step required to making Willow Street (South Extension, Bayfield Drive and Flagship Drive public streets. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved 5-0. Note: James Xenakis recused from the meeting Pledge of License—Wine & Beer at the Andovers, LLC to River Bank Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the pledge of license by Wine & Beer at the Andovers LLC, to Wine & Beer's Lender, River Bank, to be located at 350 Winthrop Avenue. Vote approved 4-0. Common Victualler License— Dunkin Donuts, 1503 Osgood Street, Mark P. Cafua, Manager Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the Common Victualler License for Dunkin Donuts on clarification of the address 1501 or 1503. Vote approved 4-0. Note: James Xenakis returned to the meeting Change of Manager at Bertucci's Brick Oven Ristorante from Miranda McNally to Jonathan McCallion Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to approve the change in management from Miranda McNally to Jonathan McCallion. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. NEW BUSINESS: Letter to Governor—state/local relationship At Selectman Smedile's initiative, a letter was drafted to Governor Deval Patrick for the Board's consideration. This letter deals with Special Education funding and the prevailing wage law. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the contents of the letter to Governor Deval Patrick. Vote approved 5-0. Board of Selectmen Minutes July 23, 2007 3 Minimum Manning Bill for Firefighters Heads to House Floor The Massachusetts Municipal Association has alerted municipalities about the Minimum Manning Bill for Firefighters. This bill would make minimum manning for the fire department a subject of collective bargaining at the local level. In addition, the bill would allow the JLMC to determine staffing levels for the fire department. The Town Manager recommended that the Board of Selectmen express their opinion to the bill to their State Senators and Representatives. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to write a letter to our State Legislators to express the Board's opposition to this bill. Vote approved 4-0-1. Daniel Lanen abstained. LICENSING PUBLIC HEARINGS: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Licensing for the Public Hearing. Vote approved 5-0. Transfer of All Alcoholic Beverages Restaurant License SHBC, Inc. d/b/a Mango Grill and Limbo Bar to transfer all alcoholic beverages restaurant license to JKPT, Inc. d/b/a the Keys Grill, Anthony Padvaiskas, Jr., Manager at 585 Chickering Road, North Andover, MA. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the transfer of the all- alcoholic beverage restaurant license. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. PUBLIC HEARINGS: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to open the Public Hearing. Vote approved 5-0. National Grid and Verizon New England, Inc Pole Petition #1859587 National Grid and Verizon New England, Inc. requests permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Andover Street—Salem &Johnson. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the Pole Petition #185987. Vote approved 5-0. OLD BUSINESS: Nomid Trust/Middleton Inter-Municipal Agreement Attorney Domenic Terranova came before the Board to inform them that his client does not agree to amend the Intermunicipal Agreement, which was submitted two weeks ago. They will not agree that the Town of North Andover can terminate the Intermunicipal Agreement if the owner or tenants use the property for residential use, or if they sell the Town's water to someone else. Furthermore, they will not agree that the Town will receive reasonable attorneys fees if the Town is forced to sue to enforce the Declaration of Covenants or the provisions of the Intermunicipal Agreement. After a lengthy discussion, the Board decided it would be best to setup a meeting before the next Board of Selectmen Meeting with all parties including attorneys, selectmen, bank representatives and Joseph DiGrazia at a future date and work out an agreeable settlement. Board of Selectmen Minutes July 23, 2007 4 NEW BUSINESS: Economic Target Area: Davis and Furber Mill Complex Curt Bellavance, Director of Community Development said that he met with David Steinbergh, Manager of RCG North Andover Mills LLC, to discuss the extension of the Lawrence Economic Target Area and expansion of the Davis & Furber Mill complex. The Board was requested to work with RCG to commence the process of extending the Lawrence ETA to the property located at 21 High Street so that RCG and its current and prospective tenants can utilize the incentives offered through the Economic Development Incentive Program offered through the Commonwealth's MOBD. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to support the Town to work with Lawrence and expand the ETA. Vote approved 5-0. Personnel Policy Assistant Town Manager Ray Santilli presented to the Board a final draft of a revised Personnel Policy for management and non-union personnel. The Board was asked to conduct a Public Hearing prior to accepting, rejecting or modifying the policy. Daniel Lanen made a MOTION, seconded by Mark Caggiano, to schedule a Public Hearing on August 20, 2007. Vote approved 5-0. FY08 Water and Sewer Rates The Town Manager recommended the FY08 water and sewer rates. Based on actual numbers rather than projections, in order to maintain a 5% retained earnings balance, a 19% average increase would be necessary. However, given rate reductions in the past two years, the average rate has increased 7% in three years. The Town Manager supplied various spreadsheets outlining the water consumption, service charges, and rate options. The Board was required to set rates to balance expenses vs. income. Residents would see an extra $35 in the average water and sewer bills come August. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to accept the recommended Option 2 revision of water and sewer rates to maintain the 5% retained earnings. Vote approved - Letter of Intent to School Building Authority Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to adopt the MOTION as written below: Vote 5-0. Resolved: Having convened in an open meeting on July 23, 2007, the Board of Selectmen of North Andover, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest dated July 18, 2007, for the Franklin School, located at 2 Cypress Terrance, which describes and explains the following deficiencies and the priority category for which North Andover may be invited to apply to the Massachusetts School Building Authority in the future: Priority#2 Existing conditions causing sever overcrowding at the Franklin School: the inclusion of six preschool classes housed at the school; and hereby specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town to filing an application for funding with the Massachusetts School Building Authority. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to adopt the MOTION as written below: Vote 5-0. Board of Selectmen Minutes July 23, 2007 5 Resolved: Having convened in an open meeting on July 23, 2007, the Board of Selectmen of North Andover, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest dated July 18, 2007, for the Annie L. Sargent School, located at 300 Abbott Street, which describes and explains the following deficiencies and the priority category for which North Andover may be invited to apply to the Massachusetts School Building Authority in the future: Priority#2 Existing conditions causing sever overcrowding at the Annie L. Sargent School: the inclusion of four preschool classes housed at the school; and hereby specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town to filing an application for funding with the Massachusetts School Building Authority. Note: Daniel Lanen recused from the meeting Police Department Vacancy Assistant Town Manager Ray Santilli said that a police officer that was recently laid off from another Massachusetts municipality indicated his desire to be hired as a North Andover police officer. Per state civil service regulations, this police officer automatically goes to the top of the civil service hire list. A decision to bypass the laid off officer would have to be based on "sound and sufficient" reasons. There are also six current reserve officers willing to accept appointment. Note: Daniel Lanen returned to the meeting TOWN MANAGER'S REPORT: ➢ Assistant Town Manager Ray Santilli, per the enclosed memorandum reports that through the Town's participation in the MIIA Rewards Program the town received a credit of$11,515 or a savings of 4.3% of our total premiums. The MI IA Rewards Program provides monetary incentives to communities that participate in risk management and safety programs. ➢ The North Andover Fire Department has been awarded a $7,780.25 grant from the Executive Office of Public Safety. ➢ MIS Director Matt Killen recently revamped the Town's long distance and Broad Band Internet services. The former change is expected to result in annual savings of$4,800, while the latter will enhance our bandwidth Internet capacity by 400% at no additional cost. ➢ On Monday July 16th I took new School Superintendent James Marini on a tour of the town and introduced him to Police Chief Richard Stanley, Youth Services Director Rick Gorman, DPW Director Bill Hmurciak and Library Director Sue Ellen Holmes. We then met with Assistant Town Manager Ray Santilli and Town Accountant Lyne Savage. ADJOURNMENT: Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 8:50 PM Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board