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Home My WebLink About2010-01-11 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JANUARY 11, 2010 CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLEGIANCE ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman;William F. Gordon; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss Litigation Strategy. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Minutes of Open Session on December 21, 2009, Executive Session Minutes of November 23, 2009, December 4, 2009 and December 21, 2009. Vote approved 5-0. William Gordon made a MOTION, seconded by Richard Nardella, to approve the Executive Session Minutes of December 8, 2009. Vote approved 3-0-2. Daniel Lanen and Rosemary Smedile abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Report on recent court decisions: re wireless facility permitting Town Counsel Thomas Urbelis reported on the two recent court decisions upholding actions by the Planning Board, the Zoning Board of Appeals and the Building Inspector to allow for the installation of a wireless facility at the Trinitarian Church. Report on January 19, 2010 Special Election &January 13, 2010, Running for Office Seminar Town Clerk Joyce Bradshaw announced that the last day to apply for an absentee ballot is Friday, January 15, 2010. All Town Offices are closed on Monday, January 18, 2010, in observance of Martin Luther King Day. All absentee ballots must arrive at the Town Clerk's office by Tuesday, January 19, 2010. The Special Election is Tuesday, January 19, 2010 all precincts vote at the North Andover High School Field House, 430 Osgood Street, the polls are open from 7:00 a.m. to 8:00 p.m. The Running for Office Seminar is being held in North Andover this year on Wednesday, January 13, 2010 in the Selectmen's Meeting Room at Town Hall. The Town Clerks of Andover and North Andover along with Elected Officials will speak to those who are contemplating running for office. This is a time for questions and answers. Announcement of Pending Retirement Fire Chief William Martineau announced his intention to retire from the Fire Department within the next six months after 33 years of dedicated service to the Town as a firefighter, Lieutenant, Deputy Chief and Chief since 2008. CONSENT ITEMS: Appointment of Municipal Liaison to the State Ethics Commission A recent revision to the State Ethics Law requires that each municipality designate a "senior level employee of the municipality"serve as its liaison to the ethics commission. The Town Manager recommended Assistant Town Manager/Human Resources Director Ray Santilli to serve in the capacity. Board of Selectmen Minutes January 11, 2010 2 Rosemary Smedile made a MOTION, seconded by William Gordon, to appoint Assistant Town Manager/Human Resources Director Ray Santilli as North Andover's liaison to the State Ethics Commission pursuant to MGL, Chapter 268; Section 29. Vote approved 5-0. Acceptance of Donations; Elizabeth Armstrong and Schneider Electric Rosemary Smedile made a MOTION, seconded by William Gordon, to accept donations from Elizabeth Armstrong of$500 to the Fire Department in memory of her husband William D. Armstrong, from Schneider Electric of$1,000 to the Fire Department and of$500 to the Police Department to be spent at the discretion of the Fire and Police Chief in support of their departments and to instruct the Town Manager to send a letter expressing the Board's appreciation for these generous donations. Vote approved 5-0. LICENSING: Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Licensing. Vote approved 5-0. Note: Rosemary Smedile recused Buono Bistro, LLC 220 Sutton St. —All Alcoholic Beverages License and Entertainment License Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the request from Buono Bistro, LLC located at 220 Sutton Street for an all Alcoholic Beverages License and Entertainment License. Vote approved 4-0. Note: Rosemary Smedile returned Edgewood Retirement Community, 575 Osgood St , Alter the Premises adding First Floor Dining Room Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the request from Edgewood Retirement Community to add a first floor dining room and to extend their liquor license to this dining area. Vote approved 5-0. 99 Restaurant of Boston, LLC— New Director/New Officer Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the change in new officer/director of the 99 Restaurant of Boston, LLC. Vote approved 5-0. David C. Sharp Joseph N Hermann Youth Center- One Day Wine & Malt Beverages License The Board of Directors of the Joseph N Hermann Youth Center is sponsoring a fundraiser called "The Taste of North Andover" on Saturday, February 27, 2010, from 7:00 p.m. to 11:30 p.m. requesting a one- day wine & malt beverage license and also requesting a waiver for the $75 fee since this is a town event. Tickets may be purchased through the Youth Center's website for$100 a couple or$50 a person. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the request from the board of directors of the Joseph N Hermann Youth Center for a one-day wine & malt beverage license and to waive the $75 fee since this is a town event. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of Licensing. Vote approved 5-0. NEW BUSINESS: Process for Hiring a Fire Chief Given the pending retirement of Fire Chief Martineau, the Board discussed the process to finding his replacement. 2007 Annual Town Meeting voted to exempt the position of Fire Chief from Civil Service and to approve the creation of Chapter 45 of the Town Bylaws, which includes the use of an Assessment Center, outlining a timeline for the process for filling the position. There was a lengthy discussion as to how much it would cost to hire an Assessment Center and whether it was needed. Also Selectmen said they thought the timeline was too long and the process could be Board of Selectmen Minutes January 11, 2010 3 shortened if interested candidates sent in their letters of interest sooner rather than waiting until the middle of March 2010. Richard Nardella made a MOTION, seconded by Daniel Lanen, to hire a Fire Chief within the North Andover Fire Department. Vote approved 4-1. William Gordon opposed. Daniel Lanen made a MOTION, seconded by Richard Nardella, to have interested candidates send their resumes and letters of interest to the Town Manager within the next two weeks. Vote approved 5-0. Firefighters Bill McCarthy and Barry Sullivan said the department needed Deputy Chiefs and requested the Town Manager and the Board of Selectmen to take this into consideration for their next meeting. OLD BUSINESS: Stevens Estate Update The Chair of the Stevens Estate Board of Trustees Kevin Willoe presented a report on the progress that the Stevens Estate has made in recent months in achieving its financial goals. Mr. Willoe presented documents providing prior year's financial history, a bookings report, a seasonally adjusted budget for the next six months of activity and a forecast for the end of fiscal year 2010. The fiscal year forecast indicated that they anticipate a deficit of$49,989 at year end, which is only $10,000 above the deficit provided for in their budget. This continues as a positive trend of reducing operational deficits at the Stevens Estate. Mr. Willoe commented on other improvements such as updated website, brochure, marketing, outsourcing the catering and accommodating many small functions during the winter months. Note: Daniel Lanen and Rosemary Smedile recused Police Department Policies and Procedures The Board was requested to approve the Policies and Procedures for Accreditation, 1) additional new policies for approval; 2) previously approved policies that have been substantially revised to be in compliance with accreditation standards; 3) previously approved policies that have minor wording changes. Richard Nardella made a MOTION, seconded by William Gordon, to approve all the policies and procedures for accreditation. Vote approved 3-0. Note: Daniel Lanen and Rosemary Smedile returned Movie & Film Production Policy Action on this policy was tabled to make revisions. Revision to FY11 Budget Policy Statement Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to TABLE this to the next meeting. Vote approved 5-0. FY11-15 General Fund Capital Improvement Plan The Town Manager requested that the Selectman vote on the Capital Improvement Plan so that this recommended CIP can be forwarded to the Finance Committee to be in compliance with the Town Charter. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to grant preliminary approval the Town Manger's General Fund Recommended Capital Improvement Plan (CIP) for FY11-15 reserving the ability to make changes in the CIP as additional information becomes available which may impact the CIP. Vote approved 5-0. School Committee Chairman Stan Limpert announced that a recently new law passed citing specific additions to the Kittredge School must include a whole school sprinkler system. The School Committee Board of Selectmen Minutes January 11, 2010 4 has requested a waiver on this project and is waiting for ruling. This would affect the CIP project requests. NEW BUSINESS: FY11-15 Water and Sewer Capital Improvement Plan The Town Manager presented is recommended CIP for the Water and Sewer Enterprise Funds. Once the Board has reviewed these plans, a preliminary vote would be required at a future meeting. 2010 Ambulance Rates The Fire Chief recommended revisions to the current ambulance rates for calendar year 2010. Chief Martineau expressed that this rate change has to be set by the next Selectmen's meeting on 1/25/10. The Board had several questions regarding the rate increase, the uninsured patient loss of revenue and the Blue Cross Blue Shield discount. All of these issues will be reviewed over the next couple of weeks and the Town Manager will work with the Fire Chief and report back to the Board. William Gordon made a MOTION, seconded by Richard Nardella, to eliminate the discount to Blue Cross Blue Shield. Vote approved 5-0. TOWN MANAGER'S REPORT: • The Town used newly acquired technology last week to send two phone messages to residents concerning the H1 N1 flu clinic that was held on January 6, 2010. These messages can be sent town wide in approximately 30 minutes. The first message announced the clinic and the second message informed residents that the supply of vaccine had been exhausted, thus preventing a trip from some residents to the clinic site only to be turned away. The Health Department has informed me that future clinics will be held as additional vaccine becomes available. • In response to the Town's request for proposal, Metro PCS has submitted a proposal to erect a second cell tower at Osgood Hill. The proposal is currently being reviewed by Town Counsel and a meeting with Metro PCS will be scheduled in the near future. • The audit committee will be meeting on January 12th with our outside auditors Powers and Sullivan to finalize the FY09 audit and management letter. It is anticipated that the audit will be presented to the Board at your next meeting on January 25, 2009. • The Town Manager will be attending two hearings at the State House on January 12th regarding the Prevailing Wage and the Conservation Restriction on Farm land. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to adjourn the meeting at 10:10 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board