HomeMy WebLinkAbout2009-06-29 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 29, 2009
CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at
Town Hall Meeting Room.
PLEDGE OF ALLEGIANCE
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Tracy M. Watson,
Clerk; Richard A. Nardella, Licensing Chairman; William F. Gordon; Daniel P. Lanen; Mark Rees, Town
Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION:
William Gordon made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss
Collective Bargaining. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Approval of Minutes
Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the Open Session Minutes as
written for June 1, 2009, June 15, 2009. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the Executive Session
Minutes as written for June 1, 2009, June 15, 2009 and as Amended for April 27, 2009. Vote approved 4-
0-1. Daniel Lanen abstained.
Note: Daniel Lanen recused
Appointment of Acting Police Sergeant
The Town Manager requested that the Board of Selectmen approve his appointment of Officer Jay S.
Staude as temporary Acting Police Sergeant effective Sunday, July 5, 2009.
William Gordon made a MOTION, seconded by Richard Nardella, to approve the Town Manager's
appointment of Officer Jay S. Staude as temporary Acting Police Sergeant effective Sunday, July 5, 2009.
Vote approved 3-0-1. Rosemary Smedile abstained.
Note: Daniel Lanen returned
Appointment of Consolidated IT Director
The Town Manager Mark Rees and School Superintendent James Marini recommended appointing
Matthew Killen for the consolidated position of Information Technology Director. The Board of Selectmen
was asked to approve the appointment.
Tracy Watson made a MOTION, seconded by William Gordon, to approve Matthew Killen for the
consolidated position of Information Technology Director. Vote approved 5-0.
Town Manager's Appointments
The Town Manager Mark Rees recommended the following appointments and requested the Board of
Selectmen's approval.
Committee Name Address Term Expires
Assessors Board David J. Minicucci 340 Johnson St. 1 year June 30,2010
Assessors Board Ernest Jones 371 Pleasant St. 1 year June 30,2010
Assessors Board George Barker 1267 Osgood St. 1 year June 30,2010
Health, Board Thomas Trowbridge 109 Blueberry Hill Ln 3 years June 30,2012
Planning Board Courtney LaVolpicelo 20 Ferncroft Circle 1 year June 30,2010
Planning Board Timothy Siebert 65 Elm St. 3 years June 30,2012
Planning Board John Simons 25 Ironwood Rd. 3 years June 30,2012
Planning Board Assoc. Michael Colantoni Christian Way 4 years June 30,2012
Board of Selectmen Minutes June 29, 2009 2
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the appointments by the Town
Manager as listed above. Vote approved 5-0.
Board of Selectmen Appointments
The Appointment subcommittee consisting of Selectmen Smedile, Watson and Town Manager Mark Rees
completed interviews for town boards and are recommending the following appointments to be approved
by the Board of Selectmen.
Committee Name Address Term Expires
Cable TV Committee Hafetz, Leonard I. 45 Hitching Post Road 3 years June 30,2012
Cable TV Committee Faigen,Ronn R. 110 Fuller Road 3 years June 30,2012
CPA Coppa, Thomas P. 102 Lacy Street 3 years June 30,2012
Conservation Commission Feltovic, Deborah 180 Chickering Rd., Unit 312 3 years June 30,2012
Conservation Commission McDonough, Sean F. 20 Anvil Circle 3 years June 30,2012
Constable Cain,Jr., Richard D. 60 Herrick Road 3 years June 30,2012
Council on Aging Movsesian, Albert 369 Great Pond Road 3 years June 30,2012
Council on Aging Rosati, Maria 148 Sandra Lane 3 years June 30,2012
Cultural Council Kline, Karen M. 55 Cricket Lane 3 years June 30,2012
Cultural Council Choi, Anna 70 Maple Ave. 3 years June 30,2012
Disability Issues, Stewart, Donald 52 Prospect Street 3 years June 30,2012
Disability Issues, Murphy, Nancy D. 19A Bingham Way 3 years June 30,2012
Disability Issues, New Appt Smith,Joe E. 18 Edgelawn Ave. 3 years June 30,2012
Emergency Management Coco,Jeffrey 695 Johnson Street 1 year June 30,2010
Emergency Management Scanlon, Robert 510 Osgood Street 1 year June 30,2010
Emergency Management Dushame, Frank 18 Lexington Street 1 year June 30,2010
Emergency Management Shaughnessy, Richard T. 15 Wiley Court 1 year June 30,2010
Emergency Management Savastano, John 287 Mass.Ave. 1 year June 30,2010
Emergency Management Hamel, Neil 3 Fernwood Way,Atkinson 1 year June 30,2010
Emergency Management Albrecht, Robert 20 Hodges Street 1 year June 30,2010
Emergency Management Langlois, Carl 66 Saunders Street 1 year June 30,2010
Emergency Management Lincoln, Connor 73 Georgetown Rd. Boxford, 1 year June 30,2010
Emergency Management Renner, Melynda 18 Norman Road 1 year June 30,2010
Emergency Management Martineau, William 124 Main Street 1 year June 30,2010
Emergency Management Dolan, William V. 12 Bacon Ave. 1 year June 30,2010
Board of Selectmen Minutes June 29, 2009 3
Committee Name Address Term Expires
Emergency Management Stanley, Richard M. 566 Main Street 1 year June 30,2010
Emergency Mgmt.-Com Tessler, Steven 308 Campbell Road 1 year June 30,2010
Emergency Mgmt.-Com Hastings, William 275 Dale Street 1 year June 30,2010
Emergency Mgmt.-Com McDonald, Timothy 180 Hickory Hill Road 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police Boettcher, Richard 80 Bradford St. 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police MacLean,Raymond 342 Waverley Road 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police Morava,Brett 15 Mercury Terrace, Haverhill, 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police Laurendeau,Gary A. 13 Belmont Street 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police Binaghi,Renzo 11 Bluff Street, Salem 1 year June 30,2010
Emergency Mgmt. New Appt. Boudreau, David 165 Greene Street 1 year June 30,2010
Festival Committee Nadeau, Elisabeth 95 Winter Street 1 year June 30,2010
Festival Committee Chabot, Leo 64 Kingston Street 1 year June 30,2010
Festival Committee Nolin, Dorothy 187 Turnpike Street 1 year June 30,2010
Festival Committee Hamel, Neil 3 Fernwood Way, Atkinson, 1 year June 30,2010
Festival Committee Heafey, Joan 7 Peters St. 1 year June 30,2010
Festival Committee Connolly, James 210 Bear Hill Road 1 year June 30,2010
Festival Committee Coco, Sharon 695A Johnson Street 1 year June 30,2010
Festival Committee Poirier, Pamela 24 Saltonstall Road 1 year June 30,2010
Festival Committee Pelletier, Philip 18 East Water St. 1 year June 30,2010
Festival Committee Pristash, Leanna 60 Highwood Way 1 year June 30,2010
Festival Committee Terranova, Frank 61 Brentwood Circle 1 year June 30,2010
Festival Committee Pazzanesse, Pristene 30 Red Maple Road, Haverhill 1 year June 30,2010
Festival Committee Lacolla, Pam 497 Foster Street 1 year June 30,2010
Festival Committee King, Will Main St. Hdwre 136 Main St, 1 year June 30,2010
Festival Committee Koenig, Gen 1476 Salem St. 1 year June 30,2010
Festival Committee Coco, Jeff 695A Johnson St. 1 year June 30,2010
Festival Committee Dawson, Cathy 134 So. Bradford St. 1 year June 30,2010
Festival Committee Salisbury, Martha 301 Johnson Street 1 year June 30,2010
Festival Committee Fazio, James 34 Fernwood Street 1 year June 30,2010
Board of Selectmen Minutes June 29, 2009 4
Committee Name Address Term Expires
Festival Committee Soucy, Fred 6 Greenhill Ave. 1 year June 30,2010
Festival Committee Murphy, William 57 Winthrop Ave., Lawrence 1 year June 30,2010
Festival Committee. Dolan, William 12 Bacon Ave. 1 year June 30,2010
G.L.S.D. Board of Com Degnan, Leonard J. 54 Sylvan Terrace 3 years June 30,2012
Historical Commission Szyska, Kathleen 201 Osgood Street 3 years June 30,2012
Historical Commission Long, Patricia 29 Rosedale Ave. 3 years June 30,2012
Housing Trust Fund/Trust Simons, John 25 Ironwood Road 2 years June 30,2011
Housing Trust Fund/Trust Rees, Mark Town Hall, 120 Main St. 2 years June 30,2011
Neighborhood Cons. Dist. Williams, Janice 88 Elm Street 3 years June 30,2012
Neighborhood Cons. Dist.. Aznoian, Harry 168 Osgood Street 3 years June 30,2012
Old Center Historic Dist Larson, Martha 440 Osgood Street 3 years June 30,2012
Old Center Historic Dist Schruende, George 73 Chickering Rd. 3 years June 30,2012
Registrars of Voters/Bd. Leeman, Elizabeth M. 21 Sawyer Road 3 years June 30,2012
Stevens Estate/Board DeGalla, Deborah 43 Meadow Lane 3 years June 30,2012
Veterans'Services/Director Mitchell, Edward V. Town Hall, 120 Main Street 3 years June 30,2012
Zoning Board of Appeals Manzi, III, Albert P. 10 Foster Street 3 years June 30,2012
Zoning Board of Appeals Byers, Richard J. 97 Forest Street 3 years June 30,2012
Zoning Board of Appeals Liporto, Michael P. 74 Heath Road 3 years June 30,2012
Audit Committee/New Appt. Sullivan, Kevin 5 W.Woodbridge Road
Eco. Developmt/New Appt. Marroni, Mark J. 80 Holly Ridge Road
Eco. DevelopmtNew Appt. Holt,William Millpond
Eco. Developmt/New Appt. Faigen, Ronn R. 110 Fuller Road
Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the reappointments and new
appointments above with the exception of Kevin Sullivan on the Audit Committee. Vote approved 5-0.
AAA Award to Police Department for promoting community safety
The North Andover Police Department was one of three Merrimack Valley Departments presented an
Award by the AAA recognizing the department for outstanding efforts in promoting community safety.
Public Comment
Robert Ford spoke about the Rotary Youth Exchange Program that offers teenage student around the
world the opportunity for supervised international travel and study. North Andover participates in the
program and currently schedule for 14 students to go to various countries. The Rotary Club is also
seeking North Andover families to host foreign students as well. For more information contact Bob Ford
at rpf fordlaw.net or 978-681-0066.
Board of Selectmen Minutes June 29, 2009 5
CONSENT ITEMS:
Permission to Fill Vacancy: Fir Fighter/EMT
The Fire Department requested permission to fill a full-time firefighter vacancy that has been vacant since
October 2008 due to a retirement.
Richard Nardella made a MOTION, seconded by Tracy Watson, to approve hiring a full-time firefighter to
fill the vacancy. Vote approved 5-0.
Acceptance of Donations: Summer Programs
The Board was asked to accept three donations for the Summer Band Concerts and Children's Shows.
Knights of Columbus, $100.00; Wheelabrator North Andover$2,000.00; and North Andover Booster Club
$500.00.
Richard Nardella made a MOTION, seconded by Tracy Watson, to accept the donations. Vote approved
5-0.
Acceptance of Grants— Dispatcher Emergency Medical Training
The Police Department has received a grant of$10,203.00 to train Dispatchers on how to provide medical
advice to 911 callers while waiting for emergency responders to arrive on the scene. The Board is asked
to accept this grant money.
Tracy Watson made a MOTION, seconded by Richard Nardella, to accept the grant of$10,203.00 for
Dispatchers. Vote approved 5-0.
Acceptance of Grant— Fire Department Equipment
The Fire Department has received a grant of$2,500 from F.M. Global to acquire a lap top computer for
Engine 2. The Board is asked to accept this grant money.
Richard Nardella made a MOTION, seconded by Tracy Watson, to accept the grant of$2,500.00 for the
Fire Department. Vote approved 5-0.
Two Year Election/Town Meeting Schedule
The Town Clerk Joyce Bradshaw requested the that the Board consider setting town meetings and
elections for two years to provide for longer term planning and coordination. Town Clerk Bradshaw
recommended setting Tuesday, May 11, 2010 and Tuesday May 10, 2011 for the Annual Town Meetings.
The Annual Town Election dates are set by charter as the last Tuesday in March and will be Tuesday,
March 30, 2010 and Tuesday March 29, 2011. Polls open from 7:00 a.m. - 8:00 p.m. at North Andover
High School.
The State Primary is scheduled for Tuesday, September 14, 2010 polls open from 7:00 a.m. —8:00 p.m.
at North Andover High School.
The State Election is Tuesday, November 2, 2010 and polls open from 6:00 a.m. —8:00 p.m. at North
Andover High School.
Richard Nardella made a MOTION, seconded by Tracy Watson, to set the dates as recommended by the
Town Clerk. Vote approved 5-0.
Municipal Hearing Officer pursuant to MGL., 148A
This law was adopted after the Station Fire in Rhode Island which killed 100 people and requires that
places of assembly depending on their capacity be equipped with sprinkler systems. The law also
provides for an appeal process to a municipal hearing officer. Recognizing the infrequency of appeals,
the Essex County Fire Chief's Association has stepped forward to offer their services as a regional
hearing officer.
The Board is asked to approve the Essex County Fire Chief's Association to provide a Hearing Officer as
outlined in MGL 148A.
Board of Selectmen Minutes June 29, 2009 6
Tracy Watson made a MOTION, seconded by Daniel Lanen, to approve the Essex County Fire Chief's
Association to provide a Hearing Officer as outlined in MGL 148A. Vote approved 5-0.
Permission for Shuttle Bus Parking 20-22 Johnson Street
The Festival Committee requested permission to designate the parking spaces in front of 20-22 Johnson
Street as a non-parking area on the 4th of July. This area will be used as the drop-off and pickup for the
free Shuttle Bus service for anyone attending the events on the Common.
Tracy Watson made a MOTION, seconded by William Gordon, to approve the designated area in front of
20-22 Johnson Street for the Shuttle Bus. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Nardella, to move into Licensing. Vote approved
5-0.
LICENSING:
Request to revise conditions for One Day Wine and Malt License, VFW, 4th of July Event
The VFW is requesting two modifications to the license that was granted last week. One is to lower the
insurance requirement from $5 million to $3 million and to expand the size of the temporary enclosure
where alcohol can be served. In addition the 4th of July organizing committee is requesting some no-
parking zones around the common.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the insurance requirement
from $5 million to $3 million and to expand the size of the temporary enclosure where alcohol can be
served and to establish no-parking zones around the common. Vote approved 5-0.
Request to Transfer Liquor License: Messina's Market to Tutto Bene
Messina's Market, Inc. dba Messina's Liquors is requesting a transfer of owners. This transfer is a
reorganization of the business with the number of owners being reduced from six individuals to two. The
new owners are Tina Messina and Salvatore Messina. The Board is asked to approve.
Daniel Lanen made a MOTION, seconded by William Gordon, to approve the transfer of owners of
Messina's Market, Inc. dba Messina's Liquors. Vote approved 5-0.
Request for One Day Liquor License for Knights of Columbus Fundraising Event on August 1, 2009
The Knights of Columbus is requesting a one-day liquor license for a fundraising event for the
Handicapped Children's Fund to be held on the field ground of the Knights of Columbus at 505 Sutton
Street on Saturday, August 1, 2009, from 12:00 noon until 7:00 p.m.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the one-day liquor license
fundraiser event for the Handicapped Children's Fund to be held on the field ground of the Knights of
Columbus at 505 Sutton Street on Saturday, August 1, 2009, from 12:00 noon until 7:00 p.m. Vote
approved 5-0.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote
approved 5-0.
OLD BUSINESS:
FY10 Budget, State Aid Update
The Town Manager gave the Board a spreadsheet showing the changes in state aid for North Andover
based o the FY10 state budget approved by the legislature and which is pending before the Governor. A
summary sheet highlighted the major components of the budget impacting local governments.
Water and Sewer Rates for FY10
The DPW Director Bruce Thibodeau gave an updated summary of the Water and Sewer Rates since the
Board's last meeting on June 15, 2009. The estimated consumption will continue to go down from
existing consumption by between 2 and 3%. As a result of these changes the average combined water
Board of Selectmen Minutes June 29, 2009 7
and sewer bill will increase by 15.1% compared to 16.2% as was previously presented. The impact on
the average water bill would be about $36 per quarter.
The Board requested setting up a workshop meeting to go over the rates before the Board votes at their
next meeting on July 13, 2009.
Utility Easement Agreement for Pre-School Facility
The Town of North Andover is currently in negotiations with National Grid regarding an easement
agreement for overhead and underground systems connecting Chickering Road, Phillip Brook Road and
Massachusetts Avenue for the Pre-School facility being built.
The Board is requested to approve and sign this utility easement agreement.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve and sign the utility easement
agreement as presented. Vote approved 5-0.
Town Common Use/Display Policy
Now that the Town Common has been renovated the Town Manager presented a draft of a policy for
"Rules and Orders Regulating the Use of the Town Common" by non-town related groups and individuals.
This would serve as guidelines for groups and individuals and its intention is to preserve the Common
grounds.
There were many individuals who voiced their opinions with additional ideas with more specific
information.
The Board suggested that the Town Manager gather more information and this would be brought up at
the next meeting.
Richard Nardella made a MOTION, seconded by Tracy Watson, to TABLE this to their next meeting on
July 13, 2009.
NEW BUSINESS:
Note: William Gordon and Rosemary Smedile recused and the gavel was passed to Tracy Watson as
Acting Chair.
Request to Hire Special Counsel: Zoning Board of Appeals
The Zoning Board of Appeals requested permission to hire special counsel to assist them in hearing the
appeal of the building inspector's decision to issue a building permit for a wireless facility in the Trinitarian
Church.
Neighbors of the Trinitarian Congregational Church have filed an appeal of a building permit for a wireless
facility in the Elm Street Church's steeple. They're asking the ZBA to throw out the building permit
arguing that Metro PCS should not have a building permit for the antennas since it violates the town's
zoning law. Neighbors say that according to the wireless bylaw, the wireless facilities cannot be placed
within 600 feet of schools and houses. The Building Inspector, on the other hand, says the bylaw only
calls for a 50 foot setback when antennas are placed in a pre-existing structure. He says the church is a
pre-existing structure. Neighbors contend that pre-existing structures only refers to pre-existing wireless
facilities.
Zoning Board Chairman Albert Manzi said it's a sensitive issue, and after opening the hearing this month,
members felt they needed an attorney to advise them. They did not feel comfortable using the Town
Counsel Thomas Urbelis since he advised the Building Inspector and the Planning Board on this issue in
the past. The ZBA will either have to decide whether to uphold the building permit, or to side with the
neighbors' claim that zoning does not permit it; it all comes down to whether members think thee should
be a 600-foot setback. This decision could be going to state or federal court. We want to make sure
everything is in order, whichever way the Board decides. Attorney Manzi said he wanted to have a
neutral party whether there's an actual conflict of interest or a perceived conflict, they need counsel.
Board of Selectmen Minutes June 29, 2009 8
The Town Manager presented a memorandum with interpretations as to either denying or approving the
request with or without conditions. The ZBA acts in a quasi-judicial capacity as compared to a permit
granting authority where they are charged with interpreting and applying a town bylaw or regulation. In
regards to the latter, access to counsel would seem appropriate since guidance in reading the bylaw
would be helpful in making the final determination. However, in regards to the former, the ZBA plays the
role of a judge who upon hearing presentations from both sides of the issue makes a decision, usually
without the assistance of an attorney to advise them on what decision should be made.
Selectmen Nardella said he could not support money for special counsel, saying the ZBA members
should be able to make the decision themselves with the information in front of them. Why should the
Town spend $5,000 of the Town's money to see if our Building Inspector made the right decision?
Selectmen Lanen said either one way or another there's going to be litigation involved. He rather gets an
attorney at the beginning to lead the ZBA down the right path.
Selectmen had a lengthy debate whether to give the ZBA the money or not before coming to a vote.
Acting Chair Tracy Watson passed the gavel to Richard Nardella.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to support the ZBA by appointing Special
Counsel Mark Bobrowski and to cap his services to $5,000.00. He would attend meetings of the ZBA as
requested; provide legal and technical review as needed; and prepare, at the instruction of the ZBA, a
decision for filing with the Town Clerk. Vote approved 2-1. Richard Nardella opposed.
Note: William Gordon and Rosemary Smedile returned.
Trash Disposal Contract Extension: Wheelabrator/North Andover
The Town Charter provides that the Town Manager has authority to sign contracts. The Town Manager
said he would like to review this sizable contract with the Board his reasons for why this contract was in
the best interest of the Town prior to his signing it. This was for information purposes only and would not
require a vote from the Board.
Note: William Gordon recused.
Request to Acquire Use of Town Land, Chestnut Green
The Town Manager received a request from an attorney representing the Chestnut Green Condominium
Association. The client requested if there was any interest in either selling or leasing a portion of Hillside
Road that abuts Chestnut Green that has been discontinued and grassed over. The land would be used
only for parking.
The Board was in favor to discussing this issue and the direction of the Board is to move forward with an
RFP for parking on a portion of Hillside Road with conditions.
Note: William Gordon returned.
"Bottle Bill" proposed revisions
The Massachusetts Recycling Coalition requested that the Board consider adopting a resolution in
support of expanding the states Bottle Bill to include non carbonated beverage containers.
Tracy Watson made a MOTION, seconded by Richard Nardella, to adopt a resolution in support of
expanding the states Bottle Bill to include non carbonated beverage containers. Vote approved 5-0.
Board Reorganization
Traditionally on the last meeting of the fiscal year, the Board reorganizes. Positions usually include Chair,
Clerk of the Board, and Chair of the Licensing Commissioners. After the reorganization, the Board was
asked to provide sample signatures for a new signature stamp.
Board of Selectmen Minutes June 29, 2009 9
William Gordon made a MOTION, seconded by Daniel Lanen, to nominate Tracy Watson as Chairman.
Vote approved 5-0.
Richard Nardella made a MOTION, seconded by William Gordon, to nominate Daniel Lanen as Vice
Chairman. Vote approved 5-0.
William Gordon made a MOTION, seconded by Daniel Lanen, to nominate Rosemary Smedile as Clerk of
the Board. Vote approved 5-0.
William Gordon made a MOTION, seconded by Daniel Lanen, to nominate Richard Nardella as Chair of
the Licensing Commissioners. Vote approved 5-0.
Daniel Lanen made a MOTION, seconded by Richard Nardella, to nominate Rosemary Smedile and
William Gordon to the appointments sub-committee. Vote approved 5-0.
The Board provided sample signatures for the new signature stamp.
RETURN TO EXECUTIVE SESSION
The Chair announced that the Board would resume to Executive Session and would not return to Open
Session.
ADJOURNMENT:
Tracy Watson made a MOTION, seconded by William Gordon, to adjourn the meeting at 11:00 p.m. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Smedile, Clerk of the Board