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HomeMy WebLinkAbout2008-02-11 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES FEBRUARY 11, 2008 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; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Note: Thomas Licciardello was absent. There was a swearing in ceremony for Firefighter Ryan Titcomb at the beginning of the meeting. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss Collective Bargaining. Vote approved 4-0. 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 James Xenakis yes. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition: Ophir Optics A certificate of appreciation was presented to Dennis Cope of Ophir Optics for locating their business at 1600 Osgood Street in North Andover. New Business Recognition: KDSA Consulting A certificate of appreciation was presented to John LoConte of KDSA Consulting for locating their business at 1600 Osgood Street in North Andover. 2nd Quarter Financial Report Town Accountant Lyne Savage reported on budget status ending December 31, 2007. Motor vehicle revenues are expected during the months of March and April. Over all, the total revenue collected of 46.7% is slightly below the 50% target percentage. At this point in the fiscal year, there are no areas of concern. Expenses are running above the 50% target range, but are okay due to normal operations. As to the Snow and Ice budget as of January 31, 2008 is running at a deficit of($37,307) which only takes us through the storm dated 1/22/08, this will be continually monitored as more information becomes available. As allowed by state law the Finance Committee and the Town Manager authorized deficit spending in the snow and ice account. Enterprise Funds both Sewer and Water revenue is running higher than the percentage of expenditures (Water revenue 54.3%, expenses 31.9%; Sewer revenue 47.7%, expenses 45.1%). Steven Estate Enterprise Fund is showing a YTD operating deficit of ($57,894.39). The Town Manager and the Trustees of the Steven's Estate are working on ways to implement changes, which will help to reduce the deficit. Town of Dracut The Town of Dracut is seeking support in their effort to provide for a more stringent enforcement of the state law that requires utility companies to complete the transfer of wires and removal of the old pole within 90 days of the installation of the new replacement pole. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to support the Town of Dracut in this effort and will contact legislators and urge them to support action that addresses this public safety concern. Vote approved 4-0. Correspondence from Representative Bradley H. Jones, et.al, Re: Local Aid Representative Jones and his colleagues are requesting continued assistance in lobbying the House leadership to increase local aid to cities and towns by sending an additional letter regarding Local Aid. Board of Selectmen Minutes February 11, 2008 2 Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to endorse the letter and send to House Leadership to increase local aid to cities and towns. Vote approved 4-0 Note: Thomas Licciardello arrived at 7:14 p.m. Correspondence from State Senator Bruce Tarr Senator Tarr is seeking information from the communities he represents regarding Capital Projects and Municipal Priorities FY2009 State Budget. The Town Manager asked the Board to make suggestions of their requests. Consent Items Acceptance of Settlement: Compact Disc Antitrust Litigation The Board is asked to accept a litigated settlement between the government and the recording industry. The Stevens Memorial Library would receive a cash residual of funds of$300.00. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to accept the litigated settlement in the amount of$300.00 for the Stevens Memorial Library. Vote approved 5-0. North Andover Patriotic Observance Committee The North Andover Patriotic Observance Committee has drafted a more formal constitution and by-laws for their purpose and mission. Mark Caggiano said that under Article IX, the committee shall have the power to amend these by-laws at any regular meeting by vote of two-thirds of the members of said committee. This statement would take amending the by-laws out of the control and the Board of Selectmen. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, as Amended to approve the draft and amend this section IX"by vote of 2/3 or the members and Board of Selectmen. Vote approved 5-0. Authorization to fill Vacancy: Heavy Motor Equipment Operator The Division of Public Works is requesting permission to fill this vacant position due to a resignation from an employee. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the request to fill a position in the Department of Public Works. Vote approved 5-0. American Lung Association requested permission to pass through town streets for the 2nd annual Charity Bicycle Ride X State Challenge, Hills to Harbor on June 21, 22, 2008. The DPW is recommending adjustments to the route due to construction in the Old Center. Rosemary Smedile made the MOTION, seconded by Mark Caggiano, to approve the request with making adjustments to the route due to construction on Andover Street and Johnson Street. Vote approved 5-0. Timothy P. Roberts Advisory Committee requested permission to hold the "Reeling in a Dream" Fund Fishing Derby on Saturday, June 7, 2008 from 8 a.m. to 6 p.m. on Lake Cochichewick and the Tourney for Tim/Rockin for Roberts on Saturday, August 9, 2008 at the North Andover Middle School fields. Mark Caggiano made a MOTION, seconded by rosemary Smedile, to approve the requests to hold the "Reeling in a Dream" Fund Fishing Derby on Saturday, June 7, 2008 from 8 a.m. to 6 p.m. on Lake Cochichewick and the Tourney for Tim/Rockin for Roberts on Saturday, August 9, 2008 at the North Andover Middle School fields. Vote approved 5-0. Note: Daniel Lanen recused Board of Selectmen Minutes February 11, 2008 3 Acceptance of Donation for Project Life Saver The Board was asked to accept two donations for Project Life Saver; the first donation from the Greater Lawrence Community Action Council, Inc. in the amount of$500.00; and the second donation from the Wheelabrator North Andover, Inc. in the amount of$1,000.00. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to accept these donations for Project Life Saver. The first donation from the Greater Lawrence Community Action Council, Inc. in the amount of $500.00; and the second donation from the Wheelabrator North Andover, Inc. in the amount of$1,000.00. Vote approved 4-0. Note: Daniel Lanen returned Request to Place Non-binding referendum question on the town election ballot Mr. George Vozeolas, chair of the Town Charter Petition Committee came before the Board to request placing a non-binding question on the March 25, 2008 Town Election Ballot regarding North Andover's form of government. The question would be: "Should the Town of North Andover consider replacing Open Town Meeting with another form of Local government?" George Vozeolas said that by doing this, the Town would be able to go forward with a Charter Review Commission to study our form of government and a two-year process of changing the Town Charter. The Town Charter needs to be updated as to how the town distributes warrants, consider quorums needed to call a special town meeting and why town elections are held before town meeting. Rosemary Smedile said that she thought the question was to open ended and not enough information for voters. Yet Thomas Licciardello and Mark Caggiano said that this question would just feel the temperature of the voters on the Open Town Meeting form of government. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to put a non-binding question "Should the Town of North Andover consider replacing Open Town Meeting with another form of Local government?" on the ballot for the March 25, 2008 Town Election. Vote approved 4-1. Rosemary Smedile opposed. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved 5-0. High Street Grill, 25 High Street, All Alcoholic Beverage License Licensing Chairman asked that the Board to continue this hearing until their next meeting because this was not properly listed in the newspaper. James Xenakis made a MOTION, seconded by Thomas Licciardello, to continue this hearing on February 25, 2008. Vote approved 5-0. Messina's Market, Inc. d.b.a. Messina's Liquors, 117 Main Street—temporarily suspending operations Due to the construction and renovations being done in the downtown markets, Messina's Liquor Store will be closing temporarily and suspending operations at this location for approximately 9 months. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to accept the temporary suspension of liquor license to Messina's Liquors, 117 Main Street. Vote approved 5-0. North Andover Getty, 785 Turnpike Street, - requests an increase in number of vehicles allowed Because all the recommendations were not received on this request and because this area is zoning issue, this hearing will be continued on February 25, 2008. Board of Selectmen Minutes February 11, 2008 4 James Xenakis made a MOTION, seconded by Rosemary Smedile, to continue this hearing until February 25, 2008. Vote approved 5-0. Merrimack College, 315 Turnpike Street—request one-day beer&wine license, March 1, 2008 Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the one-day beer and wine license for Merrimack College Alumni Relations Reunion on March 1, 2008. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Approval of Issuing Authority Report re: Verizon Cable Television Franchise The Cable Television Advisory Committee is requesting that the Board approve the Issuing Authority Report, which is an outline of the town cable related needs and specifications, as the next step in the process of issuing a franchise to Verizon Cable to provide service in North Andover. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the Issuing Authority Report to continue the Verizon Cable licensing process. Vote approved 5-0. Request to allocate HOME funds for Steven's Corner Housing (the Greenery) Philip Giffee, Executive Director of NOAH is requesting that the Board approve the use of$75,000 in federal and state HOME funding reserved for North Andover to be used as part of the financing plan to convert the Greenery into affordable housing. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the use of$75,000 in federal and state HOME funding to be used as part of the financing plan to convert the Greenery into affordable housing. Vote approved 5-0. Stevens Pond Pavilion Update Assistant Town Manager Ray Santilli briefed the board on preliminary design plans for the construction of a new pavilion (bath house) at Stevens Pond. The funding for this project is coming from Community Preservation Funds. Review of Warrant Articles for Spring Annual Town Meeting The Town Manager gave the Board a draft warrant and a master list for the May 12, 2008 Annual Town Meeting. The Board is scheduled to vote to place these articles on the warrant at their next meeting on February 25, 2008 in order to meet the warrant closing date of March 7, 2008. The Board was asked to review the list of articles and ask questions or any additional information needed be brought to the Town Manager's attention before their next meeting on February 25, 2008. NEW BUSINESS: Approval of Multi-Hazard Mitigation Plan The Board was requested to approve the Regional Emergency Management plan, developed by the Merrimac Valley Planning Commission. North Andover's portion of the plan was developed with the assistance of Emergency Management Director Jeff Coco and Town Engineer Gene Willis. Approval of this plan is a prerequisite of receiving state and federal disaster grant funds. Daniel Lanen made a MOTION, seconded by Thomas Licciardello, to approve the Multi-Hazard Mitigation Plan and send a letter stating their vote and approval. Vote approved 5-0. Board of Selectmen Minutes February 11, 2008 5 Town Manager's Recommended FY09 Operating Budget The Town Manager presented his recommended FY09 General Operating Budget. After summarizing the Town's revenues and expenses, the amount of money available to fund the operating budgets of the school and municipal departments is $53.3 million. The amount of funds available for the School Department is a total of$36.1 million; and $17.2 million to the municipal departments. This results in approximately a $833,000 increase in the school budget and approximately a $396,000 increase in the municipal budget over the FY08 levels or a 2.3% increase for both. This recommendation is the beginning of discussion and deliberation by Town Officials and residents. Mark Rees gave special thanks to the members of the Revenue and Fixed Cost Committee, Ray Santilli and especially Town Account/Budget Director Lyne Savage in bringing it all together. In the near future, the Board of Selectmen and the Finance Committee will conduct a joint workshop meeting to discuss the Operating Budget. 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