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HomeMy WebLinkAbout2008-11-03 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 3, 2008 CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Mark J.T. Caggiano Clerk; Richard A. Nardella, Licensing Chairman; Daniel P. Lanen; Tracy M.Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss Collective Bargaining and Land Acquisition. Vote approved 5-0. RECONVENE AND PLEDGE OF ALLIGIANCE COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Election Information Town Clerk Joyce Bradshaw announced that the Polls would open at 6:00 a.m. and close at 8:00 p.m. Voting will be held at the North Andover High School and there would be a shuttle bus running from the Middle School. FY09 First Quarter Financial Results Town Accountant/Budget Director Lyne Savage presented budget status reports for revenue and expenses ending September 30, 2008. Revenues: Tax Revenue collections are at 24.2%, which is in line with what is expected for this point in the fiscal year. There is some concern with Motor Vehicle revenue due to the current economy and looking at the collections from last year compared to what was actually budgeted for this year. There might be a potential short fall in this area. Expenses: All departmental budgets are running either below or slightly above the 25% target percentages. Water/Sewer Enterprise Fund: Water revenues collections are at 23.1% with expenditures running at 28.8% with Sewer revenues collected at 21.7% and expenditures at 25.5%. This will be monitored on a monthly basis and advised of any changes. Stevens Estate Enterprise Fund: The Stevens Estate has been operating at a loss for some time ending fiscal year 2008 with a deficit of($176,399.75). There has been a small profit for the first quarter of$13,042.32 with revenues at 14.5% and expenditures at 13%. The Town Manager and the Board of Trustees are working on rectifying this problem. You will be posted as new information becomes available. Appointments The Appointments Subcommittee recommended the appointment of Gerald Brecher of 488 Pleasant Street to fill one of the two vacancies on the Government Review Committee. Mark Caggiano made a MOTION, seconded by Tracy Watson, to appoint Gerald Brecher to the Government Review Committee. Vote approved 5-0. Downtown Business District Improvements Outreach Community Development Director Curt Bellavance informed the Board that a Downtown Workshop would be held on Monday, November 10, 2008 at 7:00 p.m. at Town Hall. Letters and flyers have been sent to over 100 downtown merchants and property owners. It has also been advertised on the Town's website as well as the local cable channel. Board of Selectmen Minutes November 3, 2008 2 Sunday Night Skating at Brooks School The recreation program sponsored by the North Andover Youth Services in conjunction with Brooks School will begin the family skating program on Sunday, November 2, 2008, and run through February 22, 2008. The time slot is 6:40 p.m. to 8:40 p.m. and costs $3.00 per person. Collection of Can Goods Selectman Caggiano announced that the Town is accepting donations of can goods and dry goods for distribution to shelters that provide food for the needy. Collection boxes are setup at various locations in town public buildings and at the polling location. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the Open Session Minutes as Amended of October 20, 2008. Vote approved 5-0. CONSENT ITEMS: Request to Display Menorah at the Town Commons Rabbi Asher Bronstein of the Jewish Center of Merrimack Valley is seeking permission from the Board to display a Menorah on the Town Common from December 21-28 to coincide with the Chanakah Holiday or during the entire time the Town displays it holiday lights. Mark Caggiano made a MOTION, seconded by Richard Nardella to approve the request to display a Menorah on the Town Common from December 21 to January 1, 2009. Vote approved 5-0. Disclosure of Financial Interest: Wireless Bylaw Committee Member Gin Vilante Ms. Gin Vilante, per the advice of the Ethics Commission, requested a determination by the Board of Selectmen that her financial interest as an employee of a company that is involved with the wireless communications industry "is not so substantial as to be deemed likely to affect the integrity of the services which the town may expect from her." Ms. Vilante is a project manager for a consulting firm, Wellman Associates, Inc., that provides services to the wireless industry, which include project management, site acquisition, leasing, zoning and permitting of wireless facilities for clients including various providers of wireless communications services. Ms. Vilante is currently representing MetroPCS in the City of Boston. Current members of the Wireless Bylaw Committee Thea Fournier of 247 Main Street and Karen Carroll of 11 Woodbridge Road voiced their opinions in opposition of the appointment of Gin Vilante. These members saw Ms. Vilante's appointment as a conflict of interest because Wellman Associates who has a direct monetary interest in how committees such as this do their work, and what sorts of restrictions/regulations are placed upon wireless facilities employed her. It was suggested that Ms. Vilante could be called upon as an expert if the committee votes to do so, or asked to attend a meeting at which her expertise might provide the committee with needed insight. She should not, however, have a vote on issues that may add or subtract from the bottom line of her employer. Selectmen Nardella and Caggiano said that the Wireless Bylaw Committee is made up of concerned residents serving on a non-binding committee looking at a Bylaw in the best interest of the Town. Ms. Vilante is knowledgeable in this industry and could bring a wealth of information that would be beneficial to the Town and disagreed with the current members. Ms. Vilante stated that she is a resident of the town of North Andover and if her employer had any dealings or interest of wireless cell towers in the Town of North Andover, she would not participate on the Wireless Bylaw Committee at that time. Richard Nardella made a MOTION, seconded by Mark Caggiano, to approve Wireless Bylaw Review Committee Member Gin Vilante's exemption from Massachusetts Laws Chapter 268A, Section 20 and also that the Board determine that Gin Vilante's financial interest, to the extent there may be one under General Laws Chapter 268A, Section 19, is not so substantial as to be deemed likely to affect the integrity of the services which the Town may expect from her. Vote approved 5-0. Board of Selectmen Minutes November 3, 2008 3 Winter Parking Ban The Board is requested to approve the Winter Parking Ban resolution. Considerable work went into this regulation to balance the competing needs of limited parking in certain areas of Town and the requirement that sidewalks remain unobstructed, and those compromises are reflected in the regulation. The DPW, Fire and Police Departments recommended approval. Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the Winter Parking Ban as written and will go into effect on December 1, 2008 through March 31, 2009. Vote approved 5-0. LICENSING: Mark Caggiano made a MOTION, seconded by Richard Nardella, to move into Licensing. Vote approved 5-0. Mediterranean Villa—Continued Public Hearing The Mediterranean Villa Restaurant has withdrawn its request for beer and wine license. Mark Caggiano made a MOTION, seconded by Tracy Watson, to accept the withdrawal for a wine and malt beverage license. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Daniel Lanen, to close the Public Hearing. Vote approved 5-0. Messina's Liquors: - Request to extend temporary suspension of liquor licenses Attorney John T. Smolak representing Messina's Market, Inc., d/b/a Messina's Liquors, the holder of a retail package store liquor license requested an additional 12-month extension until November 2009, as a result of additional unanticipated construction delays. Upon completion of the proposed renovations, Messina's shall re-occupy the premises and resume full operations. After discussion, the Board suggested to extend the request for an additional 6 to 7 months until May 1, 2009 and to revisit the progress at that time. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to grant an extension temporary suspension of liquor licenses until May 1, 2009 and to revisit at that time. Vote approved 5-0. Merrimack College Liquor License Request At the Board's previous meeting, Merrimack College requested a series of eight one-day Section 14 liquor licenses. At the time, the Board issued one license for October 31 and requested that the applicant look into the applicability of a "club"wine and malt poring license under Section 12. Information was provided from the Alcoholic Beverages Control Commission and the General Laws of Massachusetts of both Section 12 and Section 14 licenses. First, Merrimack College has been issued a Section 14 license for its campus center and Warriors Den and second, state law prohibits the issuance of a Section 14 license while a Section 12 license is pending before the licensing authority. Merrimack College Director of Marketing Dean O'Keefe presented a schematic of the Blue Line Club Room. The Board requested additional information brought forward at their next meeting on November 17, 2008, and asked for legal counsel before making a decision on how to proceed, but agreed to grant a one-day wine and malt beverages license for November 14, 2008. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve a one-day wine and malt beverages license to Merrimack College for the Blue Line Club Room on November 14, 2008, from 6:00 p.m. to 10:00 p.m. (not continuous) before and during the hockey game between periods and for one hour following the game. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Comprehensive Waste Water Management Plan DPW Director Bruce Thibodeau and representatives of SEA Consultants, Inc. made a presentation of the Town's Wastewater Management Plan. In order to move forward with this plan, the Board needs to decide Board of Selectmen Minutes November 3, 2008 4 what is the priority for putting sewers in different areas of Town and what changes, if any, the Board would want to make in the betterment policy. The Board decided to have the Town Manager setup and schedule a workshop meeting to review this plan in more detail prior to making any final decisions. Note: Daniel Lanen recused Designer Selection Approval— Police Building Project The Designer Selection Committee unanimously recommended hiring the firm of Allen M. Lieb Architects. Discussions were held with the selected firm to negotiate a fee and a final scope of services. For the basic services the final negotiated fee is $342,000. The Board of Selectmen was requested to approve the selection of the designer chosen in accordance with this procedure. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the designer selection firm of Allen M. Lieb, Architects and the negotiated fee for basic services of$342,000. Vote approved 4-0. Note: Daniel Lanen returned NEW BUSINESS: FY09 Fiscal Contingency Planning The Town Manager announced that in review of the FY09 1 st quarter financial results and the Governor's budget reductions impacting local government that have been issued to date indicate that, baring any unexpected emergencies or other unknowns, that the Town may get through FY09 without a deficit. However, of real concern is the possibility of further state aid reductions if the state's financial position continues to deteriorate. As a contingency against possible further state aid cuts, the Town Manager is in the process of establishing a $500,000 internal reserve fund consisting of funds placed in the budget salary increases $232,000 for municipal employees and a 1.5% reduction in department operating budgets. If in the spring, it is determined that the Town does not need to use this reserve fund to offset a potential deficit, the funds would be released back to the operating departments to be used as originally intended. Filling of Vacancies Two positions, Administrative Secretary in the DPW and a Payroll Coordinator in the Accountant/Budget Office are currently vacant and the Town is seeking permission to fill these vacancies. These two positions are critically needed at this time to keep the operation of these departments. The Board was requested to approve the filling of these two positions. Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the filling of two positions Administrative Secretary in the DPW and a Payroll Coordinator in the Accountant/Budget Office. Vote approved 5-0. TOWN MANAGER'S REPORT: At a meeting of the Government Review Committee held on October 29, 2008, the committee voted to request an extension of time line of their charge from May of 2009 to May of 2010. Given the large scope and breadth of their charge, they believe that they need the additional time to complete their task. They intend to issue an interim report in time for consideration at the May 2009 Annual Town Meeting. Selectmen were not willing to give the Government Review Committee an extension at this time. The Town Manager said he would request the co-chairs of the committee to come before the Board at a future meeting to discuss why they needed the extension. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Richard Nardella, to adjourn the meeting at 9:45 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Mark Caggiano, Clerk of the Board