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HomeMy WebLinkAbout2007-09-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 4, 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; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to move into Executive Session to discuss Negotiations with Non-union employees. 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. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: 9-11 Memorial Ceremony Fire Chief William Martineau requested permission to conduct Memorial Activities in Observance of all who gave their lives on 9-11-2001. Chief Martineau presented an outline of the activities. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the request to assemble honoring those who perished on 9-11-2001. Vote approved 5-0. Field's Committee Proposal for new fields Due to the loss of fields at 1600 Osgood Street, Youth Services Director Rick Gorman, Chairman and several other members of the committee presented plans to build additional playing fields on Dale Street near the existing fields. The Town Baseball, Lacrosse, Soccer, and Football leagues would use these fields for practices and games. The Committee asked the Board for direction and endorsement on this project to move forward. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to endorse and support the plan for the new fields. Vote approved 5-0. Academy Road Improvements Ms. Karen Kline presented plans to improve the sidewalk for safety issues on Academy Road. Through the installation of a brick sidewalk on the road with expenses defrayed by private fundraising, Kline would like to dedicate this path in memory of the words and works of Anne Dudley Bradstreet (1612-1672), one of the founding mothers of the town. The Board asked that Assistant Town Manager Ray Santilli find the cost, length, and style of bricks, route and contact the Historical Society about this project. When all the information was gathered, a full report would be brought back at a future Selectmen's meeting. North Andover United Association —Fall Government Forum Proposal Sandra Gleed, Chairman of the North Andover United Association requested the Board of Selectmen endorse holding a Fall Government Forum. Gleed requested the Board of Selectmen, the School Committee and the Finance Committee along with the town's legislative delegation to participate in this forum, date to be determined sometime in October. Gleed presented an Event Format Agenda with suggested topics for consideration. Gleed explained that this would give the residents of North Andover some factual information about the details that impact our budget decisions and setting realistic expectations about our annual budget. Board of Selectmen Minutes September 4, 2007 2 Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to endorse the Fall Government Forum. Vote approved 5-0. Town Manager's Appointment to the Board of Health The Town Manager Mark Rees asked the Board of approved the appointment of Dr. Frank MacMillan, Jr. to fill the fifth and final position on the Board of Health. The Selectmen's subcommittee and the BOH Chairman Dr. Thomas Trowbridge interviewed Dr. MacMillan and recommended his appointment. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, and approved the Town Manager's appointment of Dr. Frank MacMillan to the Board of Health. Vote approved 5-0. Board of Selectmen Appointment to the Cultural Council The Board of Selectmen's appointments subcommittee recommended appointing Karen Kline to the Cultural Council. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, and to approved the appointment of Karen Kline to the Cultural Council. Vote approved 5-0. Note: Daniel Lanen recused Town Manager's Appointments to the Police Station Building Committee The Town Manger Mark Rees asked the Board to approve the following people as members of an ad hoc committee for the Police Station Building. Tom Coppa from the Community Preservation Committee Rosemary Smedile from the Board of Selectmen Thomas Licciardello from the Board of Selectmen Robert Hillner, North Andover Police Officer Richard Stanley, North Andover Police Chief Sam Ameen, Resident Muriel Katschker, Resident There would be two more individuals to serve on the board that will be appointed at the next meeting. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the Town Manager's appointments to the Police Station Building Committee. Vote 4-0. Note: Daniel Lanen returned CONSENT ITEMS: Acceptance of Donations for Thermal Imaging Camera Fire Chief Martineau requested the Board's approval of three additional contributions for the Thermal Imaging Camera from the following businesses: North Andover Crossroads L.P. $875.00 The Boland Group/Fuddruckers $100.00 Tuscan Market Inc/The Vineyard $ 25.00 Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve donations for the Thermal Imaging Camera. Vote approved 5-0. Acceptance of revised Festival of Trees Grant The Library was previously awarded a matching grant from the Festival of Trees organization to be used for glass doors in the historical room. Due to changing circumstances this work will still be done, but from a different source of funds. This item requests that the Board re-authorize the use of the grant funds for the restoration of the Library's front doors and entryway. Board of Selectmen Minutes September 4, 2007 3 Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to accept and re-authorize the use of the Festival of Trees grant funds be used for the restoration of the Library's front doors and entryway. Vote approved 5-0. Grant Application for Machine Shop Village Community Development Director Curt Bellavance is seeking the Selectmen's endorsement of a grant application to fund street improvements in the Machine Shop Village Historical District. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to endorse the grant application for Machine Shop Village. Vote approved 5-0. Thistle Road Utility Easement The Division of Public Works is requesting acceptance from the Board of a utility easement on Thistle Road to allow for the construction of a sewer line. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to accept and sign the utility easement on Thistle Road for the construction of a sewer line. Vote approved 5-0. Note: Daniel Lanen recused. OLD BUSINESS: Police Department Rules and Regulations At the Board's August 20, 2007, meeting the board was presented with a revised police department rules and regulations. Under state laws, the Board has 30 days to accept, amend or reject them. The Town Manager recommended that the Board vote to accept the new rules and regulations. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to accept the new Police Department Rules and Regulations. Vote approved 4-0. Note: Daniel Lanen returned. Greenery Project The Board is aware that Neighborhood of Affordable Housing (NOAH) a non-profit housing organization recently purchased the Greenery property at 75 Park Street. In the near future there will be considerable development activity at the Greenery Project and the existing Police Station site as the Police Station is programmed to relocate to the former Bradstreet School property. The Town Manger recommends that the Board create a nine-member ad hoc task force of stakeholders to develop an overall development plan that will insure that the development is done appropriately and correctly. The Town Manager further recommended that the Task Force consist of nine members as follows: • Three neighborhood residents to be appointed by the Chair of the Board of Selectmen • Two members of the Housing Partnership Committee • One member of the Planning Board • One member of the Zoning Board of Appeals • One member of the Board of Selectmen • One representative from NOAH Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to setup a nine member ad hoc task force to review and study potential development scenarios for the Greenery/Police Station parcels and to report back to the Board within 90 days with recommendations and also send notices to neighbors. Vote approved 5-0. Osgood Landing 40B submission The Zoning Board of Appeals voted to continue the 40B public hearing at their August 14 meeting. They are asking for clarification from the Board of Selectmen regarding the Development Agreement language. Board of Selectmen Minutes September 4, 2007 4 Community Development Director Curt Bellavance said that as part of the Development Agreement, the "Final 40R Approval" referenced, refers to the time in which all State agencies approve the zoning language, any appeal periods pass, and the Town can officially enact the zoning overlay. At that time the Town must notify the property owner of the final approval and the owner must, as conditioned in the agreement, provide the Board of Appeals a written request to withdraw the 40B application without prejudice. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to give direction to the Zoning Board of Appeals to continue public hearings until the Attorney General and Department of Housing & Community Development provide the Town with official notice that"Final 40R Approval" OSGOD 40R zoning is legal and that any appeal periods have passed. Vote approved 4-0-1. Daniel Lanen abstained. NEW BUSINESS: Town Meeting/Budget/Election Calendar(2207-2008 Town Clerk Joyce Bradshaw presented a draft fiscal year 2009 Budget and Annual Town Meeting Calendar, and Election calendar to the Board for review and adoption. Election of Town Officials is set for March 25, 2008. The Board of Selectmen were asked to set the date for signing the warrant on March 24, 2008 or March 31, 2008 reflecting the existing or the new Board of Selectmen. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to amend the signing of the Warrant on March 31, 2008 with the newly elected Board of Selectmen. Vote approved 5-0. Joyce Bradshaw also gave an overview of the 2010 Local Update of Census Addresses (LUCA) Program. National Incident Management System (NIMS) Fire Chief William Martineau presented a schedule of continuing classes for NIMS training for DPW, Dispatch and Planning Departments. Martineau also asked the Board to adopt NIMS all hazard approach to emergency management. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move to accept and adopt the NIMS all hazard approach to emergency management. Vote approved 5-0. Fiber Optic Town/School Network Information Technology Director Matthew Killen provided an update on the Town/School data (fiber Optic) network project approved at the annual town meeting. The recommendation from the IT Director and the Cable Technology Committee is to contract with Comm-Trac for installation of the network for$650,000. This network, when completed, will greatly enhance the town's ability to communicate via voice, data and the Internet. The Town Manager's intent is to sign the contract with Comm-Trac to start the process. Lake Cochichewick Usage Rules and Regulations Chairman James Xenakis requested that the Board revisit the rules and regulations policy adopted in 2002. Xenakis suggested that the restrictions were too rigid and the Board should make it easier for residents to enjoy the lake. The primary concern is the physical access to the lake because of too many guardrails, trees and other obstacles. This will be discussed at a future meeting. Note: Daniel Lanen recused Future Police Appointments Assistant Town Manager Ray Santilli brought forward information that will affect future potential hiring of police and fire department employees. The U.S. District Court in Bradley vs. the City of Lynn found that the Massachusetts Civil Service entry-level firefighter examination had a disparate and adverse impact on Black and Hispanic candidates. As a result of this decision, the Human Resources Division (HRD) entered into a settlement agreement that addressed the Court's remedial order on this case as well as pending litigation of entry-level police offer examinations with the same claims. The next time North Andover requests a certified list to fill a police officer vacancy, HRD will issue a list of minority candidates from the 2003-2005 examinations. This list will be utilized until one minority candidate is appointed or all Board of Selectmen Minutes September 4, 2007 5 eligible candidates are disqualified. This is because HRD produced a flawed test; North Andover was not at fault at any time. Note: Daniel Lanen returned TOWN MANAGER'S REPORT: The Police Chief received a community policing grant funding from the State. In FY07, the department is slated to receive $117,088, considerably higher than the statewide average of$61,111 per community. FEMA has reimbursed the Town for the 2007 spring floods in the amount of$44,795. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:50 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board