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HomeMy WebLinkAbout2007-09-17 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 17, 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. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the minutes of September 4, 2007, Open Session and Executive Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: One Book, Once Community Initiative: Stevens Memorial Library The Stevens Memorial Library, in a community outreach effort is urging residents to read the book"My Latest Grievance" by Elinor Lipman. Mis. Lipman will be discussing this book and her other works on September 29, 2007, at Merrimack College beginning at 7:00 p.m. The event is free, but interested residents need to pick up tickets at the Library. "A Matter of Taste" Friends of the Senior Center Fund Raising Event The Friends will be conducting their 3r annual "A Matter of Taste"wine tasting fund raiser at the Stevens Estate on Thursday, September 20, 2007, from 6:30-9:00 p.m. Special Guest Pat Whitley, host of WRKO Radio "Restaurant Show"will be present and featuring wine tasting by McAloons Liquors and many of North Andover's'fine restaurants. Proceeds from the event will go to support the Senior Center. Note: Daniel Lanen recused EXECUTIVE SESSION: Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss negotiations with union employees and negotiations with non-union employees; town manager's contract. 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 returned COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition Selectmen recognized four new businesses in town. Each business was introduced, owners gave a brief outline of their business and the Board presented the following with a Certificate of Appreciation: Haru Chinese and Japanese Restaurant; Cambridge SoundWorks; Micro Ice Training Center; and Bradford School of Music. North Shore Magazine "Best of North Shore"Award for Summer Programs The North Shore Magazine has recognized North Andover with its prestigious "Best of North Shore" award for its category "Arts & Leisure, Outdoor Concert Series. Congratulations to the Recreation Commission and Assistant Town Manager Ray Santilli for the receipt of this award. Lake Cochichewick Outlet Structure Dedication Request The Willis family is requesting that a plaque recognizing their father John Willis Jr. and two other individuals, John Gaffney and Vincent Landers for their generous contribution of Lake Cochichewick Board of Selectmen Minutes September 17, 2007 2 water rights to the Town of North Andover be placed at the "Hatch" outlet structure, which is currently undergoing renovation. The families of these gentlemen will cover the cost of the plaque. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to dedicate the "Hatch" at Lake Cochichewick to John Willis, Sr, John Gaffney and Vincent Landers. Vote approved 5-0. Note: Daniel Lanen recused Appointment of Raymond MacLean, Auxiliary/Special Police Officer Emergency Management Director Jeffrey Coco and Chief Richard Stanley recommended that Mr. MacLean be reappointed to this position. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to reappoint Raymond MacLean as Auxiliary/Special Police Officer. Vote approved 4-0. Note: Daniel Lanen returned CONSENT ITEMS: Acceptance of Donation from Edmund Leland for Thermal Imaging Camera Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept a donation of$500 from Edmund Leland to the Fire Dept. towards a new thermal imager. Vote approved 5-0. Acceptance of Donation for Summer Programs Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept a donation of$500 from the Rotary Club of North Andover to the 2007 Summer Band Concerts and Children Shows. Vote approved 5-0. Approval to Fill Vacancies: Youth Services Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the request to advertise and recruit to fill two vacancies in Youth Services; a Social Program Coordinator and a Recreation/Adventure Coordinator. Vote approved 5-0. Acceptance of Grant from Joseph N. Hermann Youth Center, Inc. to Youth Services Dept. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept a grant from the Joseph N. Hermann Youth Center Board of Directors in the amount of$12,750 to fund a part-time Administrative Assistant. Vote approved 5-0. Request to Conduct a Support the Troops Donation Drive Ed Mitchell Director of Veterans Services requested to conduct a Support the Troops Donation Drive on Sunday, September 30, 2007, from 9:00 am to 4:30 pm with a rain date of October 14, 2007. This event theme is "Fly for Freedom & Salute to Gold Star Mothers" held at Lawrence Airport. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the request to Support the Troops Donation Drive on Sunday, September 30, 2007. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved 5-0. Note: James Xenakis recused Common Victualler License: J & M Subs, 69 Main Street Christopher Vasilopoulos of C&S Peabody Corp. requested a Common Victualler License for J&M Subs, 69 Main Street. Board of Selectmen Minutes September 17, 2007 3 Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to approve the Common Victualler License for J& M Subs contingent on final approval by the Fire Dept. 4-0. Note: James Xenakis returned LICENSING COMMISSIONERS PUBLIC HEARING: China Blossom Public Hearing Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to open the Public Hearing for alleged liquor license violation at the China Blossom Restaurant. Vote approved 5-0. Licensing Chairman Mark Caggiano read the notice sent to the license holder. Chairman Caggiano recognizes the investigating police officer Joseph Kamal and the Town Clerk gave the oath. On July 28, 2007, at approximately 12:26 a.m. Officer Joseph Kamal and Office Brian Faye received a call from the China Blossom management regarding a disturbance within the restaurant. A large hostile crowd of about 150-175 patrons began to exit the restaurant. The situation immediately was out of control and several subjects failed to obey requests to disperse and leave the premises. One male subject reentered the establishment and became engaged in a physical altercation with a second male subject both exchanging blows to each other with fists. Officer backup was called in to help control the crowd. A second physical confrontation developed between a patron and the bar manager who was assaulted. Three subjects were arrested and read their rights. The Board of Selectmen asked Officer Kamal various questions about the incident. Chairman Caggiano recognizes the License Holder and Attorney to take the oath by the Town Clerk. San Joe Chu, Manager of the China Blossom apologized for the incident on July 28, 2007, and said that the owner and management would work with the Town and the Police Department to implement better security. Attorney John J. Burke said that on this particular night an event sponsored by KISS 108 brought in a younger crowd. Two patrons had a verbal dispute over a comment to a female. Management tried to quell the dispute at that time and called the police. This happened just around exiting time, when the large crowd was leaving the establishment, some patrons panicked and the situation got out of control. Since this incident, the establishment decided to stop holding any further KISS 108 events and to go back to holding a Comedy Club. They realized that this was a more aggressive younger element that the establishment had in the past and this was not the type of clientele they were prepared to handle. This is a family restaurant with a long-standing reputation in the Town of North Andover and would work with the police department to improve their security. The Board of Selectmen asked various questions about the incident. Rosemary Smedile made a MOTION, seconded by James Xenakis, to close the Public Hearing for the China Blossom Restaurant. Vote approved 5-0. 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 5-0. Board of Selectmen Minutes September 17, 2007 4 Note: James Xenakis recused Richdale Stores, 75 Chickering Road Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to open the Public Hearing for the Richdale Store, Vote approved 4-0. Licensing Chairman Mark Caggiano read the notice sent to the license holder. Chairman Caggiano recognizes the investigating police officer William Lynch and the Town Clerk gave the oath. On July 18, 2007, at approximately 6:10 p.m. Officer Lynch passed the Richdale Store at 75 Chickering Road and observed a male that he knew under twenty-one years of age, exiting the store with several packages of beer. The investigation revealed the person purchased alcohol from Richdale using a false New Hampshire driver's license. The clerks were very cooperative and the license was scanned through a machine for authenticity. The twenty year old was charged with false identification and minor in possession of alcohol. The under-aged driver of the automobile that the beer went into was charged with transportation of alcohol while being a minor. The Board of Selectmen asked Officer Lynch various questions about the incident. Chairman Caggiano recognizes the License Holder and Witnesses to take the oath by the Town Clerk. Kevin Sharp manager of K.C.R. Corporation dba Richdale Dairy Stores said that his employees looked at the New Hampshire License. The license at a later date was scanned through a machine to check for authenticity and it passed as being legitimate. Mr. Sharp said that whoever is producing these false licenses they are even breaking the codes on the back to make them pass through the machines. George Schruender and Donald Stewart spoke for Kevin Sharp's reputation of being proactive in using a machine to scan licenses. This was an unfortunate incident where this license looked and passed as authentic and the employees did their best to verify it. They requested that the matter should be dismissed. Licensing Chairman Caggiano said that in North Andover there are only four types of acceptable forms of identification: a Massachusetts' driver's license, Massachusetts' liquor identification card, passport issued by the United States or a country recognized by the United States or a valid military identification card. An out of state driver's license is not acceptable and cannot be used as a defense under state law, ABCC regulations or the Town's policies. Thomas Licciardello made a MOTION, seconded by, Rosemary Smedile, to close the Public Hearing for the Richdale Store, Vote approved 4-0. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to cite this as a violation but without any sanction, and attached a letter of explanation and to issue a warning that if this happens again with an out-of-state license, the Board would issue a suspension of the License Holder. Vote approved 4-0. Main Street Liquors, 60 Main Street Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to open the Public Hearing for the Main Street Liquors, 60 Main Street, Vote approved 4-0. Licensing Chairman Mark Caggiano read the notice sent to the license holder. Chairman Caggiano recognizes the investigating police officer Charles Gray and the Town Clerk gave the oath. Board of Selectmen Minutes September 17, 2007 5 On August 3, 2007 at 8:15 p.m. Detective Daniel Cronin and Officer Gray were conducting directed patrol on mountain bikes in the Main Street downtown area. While patrolling they rode into the rear of 60 Main Street, which is the parking lot of Main Street Liquors. They observed two males sitting in a vehicle with a video camera. They seemed to be taping activity in a lighted bedroom apartment. As the officers approached the vehicle to speak to the males, the officer observed a 2/3 full bottle of Jagermeister in the back seat. When questioned by the officers, both males admitted to not being over the age of 21. There was also a Massachusetts driver's license of another male who was in Main Street Liquors. Officers Brush and Daley arrived on scene as Detective Cronin went into Main Street Liquors through the rear customer entrance. Once inside he observed an under aged male in the process of purchasing alcoholic beverages. The clerk was making corrections to his credit card slip at that time for an overcharge and asked the male to step aside while waiting on other customers in line. Detective Cronin asked him if the clerk asked for proof of identification to purchase the alcoholic beverages at that time. The male said that he had previously bought liquor three times at this store and was asked for the identification on the first occasion but not the other two times. The investigation revealed the purchase was made without identification being shown at this time. After questioning the clerk, she said that the male had purchased alcohol on prior occasions showing a New Hampshire drivers license. Detective Cronin told the clerk to credit the credit card for the alcohol purchase and the receipt and was confiscated. All three of the males were placed under arrest for procuring and possessing alcohol. The Board asked Officer Gray several questions regarding the incident. Attorney Robert F. Kelly represented license holder Joanne A. Melillo and Clerk Pamela Moll and asked Officer Gray several questions regarding the night of August 3, 2007. Attorney Kelly implied that the sale of alcohol had never been completed, because of a malfunction to the Credit Card verification machine, therefore no violation had occurred when police arrived. Chairman Caggiano said that proper protocol would be to ask for two forms of identification before, not after, a credit card was accepted for the purchase of alcohol. This transaction was in progress and the clerk did not follow the proper process. Chairman Caggiano recognizes the License Holder and clerk Pamela Moll to take the oath by the Town Clerk. Pamela Moll said that the usual process is to take a form of identification before processing a sale, but on this night, she had recognized the customer from previous occasions and started to process the sale with a credit card. There were four other customers in line and the clerk asked him to step aside while she waited on them. That is when the police officer came in and asked questions regarding the sale and for the receipt Attorney Kelly produced a written affidavit by clerk Pamela Moll who was working the night of the incident. Attorney Kelly said that the License Holder Joanne A. Melillo has been in business for over 16 years without ever coming before this Board for a violation. All the employees are TIP certified and License Holder has contemplated in buying a scanner but she has refrained because of the expense and until the technology has been upgraded. Thomas Licciardello made a MOTION, seconded by, Rosemary Smedile, to close the Public Hearing for the Main Street Liquors, 60 Main Street, Vote approved 4-0. Selectmen said that the difference between this incident at Main Street Liquors and the incident before at Richdale is that Richdale had a technicality issue and Main Street had a bad procedure. Subjects should be showing Identification at every purchase regardless of whether a clerk is familiar with a person. A New Hampshire license is not acceptable identification. Thomas Licciardello made a MOTION, seconded by Daniel Lanen, to cite a violation with a warning that there are a couple of serious concerns in terms of the way this transaction was processed to review their Board of Selectmen Minutes September 17, 2007 6 present protocol and if there were another violation, a more stringent decision would be given. Vote failed because of a tie vote, 2 yes and 2 nay, Rosemary Smedile and Mark Caggiano opposed. Licensing Chairman Caggiano requested that Selectman James Xenakis return to the meeting under the rule of emergency because of the tie vote. Note: James Xenakis returned Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to cite a violation. Vote approved 4-0-1. James Xenakis abstained. Thomas Licciardello made a MOTION, seconded by Daniel Lanen, that this is a violation subject to allowing the License Holder to come up with a written security plan with improvements for a proper procedure for the purchasing of alcoholic beverages then brought back to the Board within 45 days. The Board would then review the plan and take it under advisement as to any further penalty. Vote approved 4-0-1. James Xenakis abstained. Revisions to Alcoholic Beverages Licensing Regulations The Board was asked to review a draft of revisions to the Alcoholic Beverages Licensing Regulations. Over the past several months Town Counsel, the Licensing Chairman, Town Manager and the Town Clerk's office have been working together to organize this document in compliance with state laws. If acceptable to the Board, the next step is to conduct a public hearing on the regulations prior to a vote to adopt them. The Board made comments and a few changes. This revised draft would be sent out to License Holder and welcome their comments. A Public Hearing would be scheduled for October 29, 2007. James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. NEW BUSINESS: Request to Expand Housing Partnership Committee George Koehler, Chairman of the Housing Partnership Committee requested that the Board expand the Housing Partnership from 11 members to 12 members and to fill one of the newly created seats to Ms. Tracy Watson who has been active in housing issues in the town. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to expand the Housing Partnership Committee to 12 members. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to appoint Tracy Watson to the Housing Partnership Committee. Vote approved 5-0. Revenue Projections Update The Town Manager presented a spreadsheet with revenue information for FY06 and FY07 actuals and FY08 budget. Areas of concern, Motor Vehicle Excise and Building Permits fees, are highlighted in red and positive trends, Investment Earnings and Medicare Reimbursements are highlighted in blue. Free Cash is highlighted because a lack of a large surplus in FY07 revenues will have a dampening effect on our Free Cash certification. The Town Manager would come forward with recommendation in the future. East Mill Economic Opportunity Area Director of Community Development Curt Bellavance recommended that the Board endorse an application to the Economic Assistance Coordinating Council to establish an Economic Opportunity Area (EOA) at the eastern portion of the Davis and Furber Mill Site. The EOA designation will allow the property owner to take advantage of the 10% Abandoned Building Tax Deduction and to discuss possible Tax Increment Financing (TIF) although that is not currently under consideration and would ultimately require town meeting approval. Board of Selectmen Minutes September 17, 2007 7 Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to endorse the application for Economic Opportunity Area (EOA). Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Manager attended a seminar for MA Department of Education that explained Chapter 70 appropriations from the State. The new water storage tanks on Sutton Hill and Bear Hill have been completed, inspected and are now operational. Work continues on removing the old storage pits and installing landscaping. The Police Station Building Committee will be conducting their initial meeting on Tuesday, September 25, 2007, with the first order of business being selecting a project manager. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to go back into Executive Session to discuss Negotiations with non-union employees; Town Manager's contract and not to return to Open Session. 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. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 10:20 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board