HomeMy WebLinkAbout2010-08-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 30, 2010
CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 6:30 PM at Town Hall Meeting
Room.
ATTENDANCE: The following were present: Daniel Lanen, Chairman; Richard Nardella, Vice Chairman;
William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Mark Rees,
Town Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION:
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move into Executive Session to
discuss Collective Bargaining and to take NO ACTION on personnel matter. Roll Call vote: William
Gordon yes, Richard Nardella yes, Rosemary Smedile yes, Tracy Watson yes, and Daniel Lanen yes.
Vote approved 5-0.
Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining
position of the Selectmen.
PLEDGE OF ALLEGIANCE
The Town Manager requested to make changes to the Agenda; TABLE item VID "Appointment of Acting
Police Sergeant" and to ADD item VB, "Ratification of Communications Officers Contract".
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Richard Nardella, to approve the Open Session Minutes
of August 9, 2010, as written. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Nardella, to approve the Amended Executive
Session Minutes of August 9, 2010. Vote approved 5-0.
COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT:
400 Birthday Observation for Anne Bradstreet
Karen Kline presented a preliminary plan for a celebration for Anne Dudley Bradstreet in 2012.
Ratification of Communication Officers Contract
The Town Manager announced that the Board of Selectmen and the Communications Officers (AFSCME
Council 93, Local 2978) has ratified a Union Contract consisting of a one-year contract from July 1, 2009
through June 30, 2010 and a three-year contract to be in effect July 1, 2010 through June 30, 2013. All
Communication Officers will be trained and certified as Emergency Medical Dispatchers.
Comments from the Board
William Gordon said that Town Counsel recommended that all board and commission members have
Town e-mail accounts. This would be discussed at a future meeting.
CONSENT ITEMS:
4 Annual Ceremonial Salute to Gold Star Mothers and Donation Drive
Director of Veterans Services Edward Mitchell requested an event permit to be held on Sunday,
September 26, from 9:00 a.m. to 4:30 p.m. (rain date October 10, 2010). Senator Scott Brown will be the
keynote speaker.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve an event permit for the 4th
Annual Ceremonial Salute to Gold Star Mothers and Donation Drive to be held at the Lawrence Municipal
Airport on Sunday, September 26, 2010 from 9:00 a.m. to 4:30 p.m. with a rain date of October 10, 2010.
Vote approved 5-0.
Board of Selectmen Minutes August 30, 2010 2
Sewer Easement, Mary Lou Salois, 10 Boston Street
Town Engineer Gene Willis recommended that the Board accept a sewer easement to allow Ms. Mary
Lou Salois of 10 Boston Street to connect to the Town owned sanitary sewer system. There is no cost to
the Town for this easement since the connection will be paid for by the property owner.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to accept and executive the sanitary
sewer easement from Ms. Mary Lou Salois of 10 Boston Street as presented by Town Engineer Gene
Willis. Vote approved 5-0.
FY11 Budget and Town Meeting Calendar
Town Clerk Joyce Bradshaw prepared and recommended a calendar for the FY11 Budget process and
the May 10, 2011 Annual Town Meeting.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the recommended calendar
for the FY11 Budget process and May 10, 2011 Annual Town Meeting as prepared by the Town Clerk.
Vote approved 5-0.
Fitness for You 24-hour Spin-A-Thon Fundraiser on September 11 & 12, 2010
Fitness for You requested an event permit to conduct a 24-hour fund raising event from Saturday,
September 11th starting at 9:00 a.m. and finishing on Sunday, September 12th at 9:00 a.m. at their place
of business at 530 Turnpike Road.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve an event permit for
Fitness for You to conduct a 24-hour fund raising event from Saturday, September 11th starting at 9:00
a.m. and finishing on Sunday, September 12th at 9:00 a.m. at their place of business at 530 Turnpike
Road. Vote approved 5-0.
LICENSING COMMISSIONERS:
Tracy Watson made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 5-0.
St. Gregory Armenian Church, One Day Wine and Malt License, September 12, 2010
St. Gregory's requested a one day wine and malt license for September 12, 2010 from 1:00 p.m. to 5:00
p.m. for their annual picnic.
Rosemary Smedile made a MOTION, seconded by William Gordon, to grant the St. Gregory Armenian
Apostolic Church a one day wine and malt license for September 12, 2010 from 1:00 p.m. to 5:00 p.m. for
their annual picnic subject to applicable state and local laws, bylaws and rules and regulations. Vote
approved 5-0.
Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote
approved 5-0.
OLD BUSINESS:
Information Technology Memorandum of Agreement/Presentation
Information Technology Director Matthew Killen gave a presentation that addressed the following:
1. Formation of municipal IT
2. Identified needs
3. Progress toward addressing those needs
4. Consolidation of town and schools IT
5. Next steps
The Board was requested to sign the Memorandum of Understanding of the consolidation of the
Information Technology function of the municipal and school department as authorized the MGL, Ch. 71,
Sec. 37M, and the provisions of Sec. III of this Memorandum.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to authorize the Town Manager to sign
the Memorandum of Understanding of the consolidation of the Information Technology function of the
municipal and school department as authorized the MGL, Ch. 71, Sec. 37M, and the provisions of Sec. III
of this Memorandum. Vote approved 5-0.
Board of Selectmen Minutes August 30, 2010 3
Mutual Aid Agreements
Through some extensive research the Town Clerk found that in 1957 the Board of Selectmen adopted a
state law that allowed for a `Mutual Aid Pact'for the Fire Department and that in 1973, Town Meeting
approved the adoption of the MGL; Sec. 8G; Ch.40, which authorizes towns to enter into agreements to
provide Mutual Aid Programs. The Board was previously presented with a Fire Mutual Aid Agreement
that was written in 2008 and signed by some, but not all of the Towns in Essex County. North Andover
did not sign the agreement. Town Counsel has stated that this agreement has to be approved by the
Board of Selectmen.
Fire Chief Melnikas gave the Board an update of the number of calls that North Andover has responded
to Lawrence fires. Chief Melnikas gave an update on an extensive fire on August 28th, on Forest Street in
North Andover covering about 25-30 acres. Andover and Methuen provided mutual aid to North Andover.
Chief Melnikas attended a meeting of the Essex County Fire Chiefs Task Force regarding the subject of
Mutual Aid as it relates to the City of Lawrence. It was determined that a State Board authorized by an
independent outfit to conduct a study to evaluate Lawrence and the current level of their fire protection.
This would then render a decision and though the powers to be in the City of Lawrence may not abide by
it, it would become a matter of public record and hopefully substantiate the need to return to a safer
staffing level.
The Town Manager would have Town Counsel review the Mutual Aid Agreement and then bring it back to
the Board for approval and signing.
Vote on Audit Committee Report
Selectman Nardella requested the Board to vote to approve the Audit Committee's report regarding the
Joseph Lydick incident.
William Gordon made a MOTION, seconded by Tracy Watson, to take NO ACTION on "Fraudulent Sale
of Town Owned Assets" by Rick Nardella and Audit Committee.
Selectmen Gordon, Watson and Smedile expressed concerns about the possible perception that the
report would not be considered objective since it was the work of one individual, Selectman Nardella, and
not the entire audit committee which was the original charge when the board authorized the audit in
November 2009.
Selectmen Gordon further stated that the concern was with the process that was used in producing the
report and not the content of the report. The Board of Selectmen recognized that Selectman Nardella put
a tremendous amount of work into this report and his efforts were appreciated.
Selectman Nardella said he hereby resigns as Chairman of the Audit Committee.
Note: Richard Nardella recused.
Chairman Lanen asked the Board how they would like to proceed. Selectmen discussed several options
as to setting up a new audit committee or a sub-committee with a mission statement, a list of a charge
and parameters to follow.
The Chairman asked for a vote on William Gordon's motion, Motion passed 4-0
William Gordon made a MOTION, to interview potential candidates for an audit sub-committee to
complete another investigation and report their findings. There was no second to this motion and William
Gordon withdrew his Motion.
The discussion was tabled to a future meeting to allow members to research possible solutions.
Note: Richard Nardella returned
Board of Selectmen Minutes August 30, 2010 4
NEW BUSINESS:
Fire Department Permanent Reserve List
Fire Chief Melnikas informed the Board of his intention to create a permanent reserve list of ten (10)
people for the hiring of future Fire Fighters/EMTS. He explained how this hiring process differs from the
process currently in use giving pros and cons.
Assistant Town Manager and Selectmen objected to this permanent reserve list. Selectmen suggested
other options including shortening the list to five (5) people. This will be discussed further at a future time.
Transportation Improvement Project (TIP) list
Community Development Director Curt Bellavance requested the Board's comments and suggestions
establishing a priority list of roadway projects for possible inclusion on the Community Priority Project
(CPP) list, which is established by the Merrimack Valley Planning Commission. The following roadway
projects were discussed:
1. Machine Shop Village enhancement
2. Route 114 Improvements on Lawrence line
3. Route 114 near Hillside road
4. Route 125 improvements
5. Holt Road industrial development
6. 1-495 off ramp exit 43/Mass. Ave.
Town Manager asked the Board to forward their priorities projects to him.
Revision of Meeting Schedule
At a previous meeting the Board discussed changing future dates and times of their meetings. After a
discussion the board decided to start executive sessions at 6:30 p.m. and to schedule open session at
7:30 p.m. All scheduled dates would remain the same except for the cancellation of September 7, 2010.
TOWN MANAGER'S REPORT:
• Brook Street Update -from DPW Director Bruce Thibodeau.
• Essex Regional Retirement Board - Election of CEO to Board: With the Board's approval, Town
Manager Mark Rees would like to put his name in nomination to serve as a member of the newly
reconstituted Essex Regional Retirement Board. He provided material regarding this election
process.
• Home Rule Petitions (special legislation) update: Town Manager provided a spreadsheet
regarding the status of the various home rule petition bills that were presented to the legislature
this past legislative session.
• Lawrence Sewerage Update: Town Manager met with an official from the Public Works
Department of the City of Lawrence with information that they believe have found the sources of
the intermittent contamination flowing from their storm water pipes into the Shawsheen River in
the vicinity of Commonwealth Avenue.
• Water and Sewer Consumption Update: Town Manager provided reports from the DPW
regarding pumped water comparing last year to this year.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:35 p.m.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board