HomeMy WebLinkAbout2010-09-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 20,2010
CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:00 PM at Town Hall Meeting Room.
ATTENDANCE: The following were present: Daniel Lanen,Chairman; Richard Nardella,Vice Chairman;William F.
Gordon,Clerk; Rosemary Connelly Smedile, Mark Rees,Town Manager; Ray Santilli,Assistant Town Manager.
EXECUTIVE SESSION:
Richard Nardella made a MOTION,seconded by William Gordon,to move into Executive Session to discuss
Collective Bargaining. Roll Call vote: William Gordon yes, Richard Nardella yes, Rosemary Smedile yes,and Daniel
Lanen yes. Vote approved 4-0.
Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining position of
the Selectmen.
Note: Tracy Watson arrived at 7:10 p.m.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
William Gordon made a MOTION,seconded by Rosemary Smedile,to approve the Open Session Minutes of August
30,2010,as written. Vote approved 5-0.
William Gordon made a MOTION,seconded by Rosemary Smedile,to approve the Executive Session Minutes of
August 30,2010. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
The Town Manager added two items to the agenda under Appointments Mary Gregoire to Poet Laureate
Committee and under Announcements Senior Center Fundraiser.
Appointments
William Gordon made a MOTION,seconded by Rosemary Smedile,to approve the Town Manager's appointment
Michael Colantoni as a full member to the Planning Board. Vote approved 5-0.
Rosemary Smedile made a MOTION,seconded by William Gordon,to approve the Town Manager's appointment
Ricky Glover as an associate member to the Planning Board. Vote approved 5-0.
Rosemary Smedile made a MOTION,seconded by William Gordon,to approve the appointment recommended by
the Board's sub-committee of Justin Benincasa to the Youth and Recreation Board. Vote approved 5-0.
Note: Daniel Lanen recused
William Gordon made a MOTION,seconded by Tracy Watson,to approve the Town Manager's appointment of Jay
Staude as Acting Police Sergeant. Vote approved 3-0-1. Rosemary Smedile abstained.
Note: Daniel Lanen returned
William Gordon made a MOTION,seconded by Rosemary Smedile,to approve the appointment recommended by
the Board's sub-committee of Robert Bernardin to the Affordable Housing Trust. Vote approved 5-0.
William Gordon made a MOTION,seconded by Rosemary Smedile,to approve the appointment recommended by
the Board's sub-committee of Mary Gregoire to the Poet Laureate Committee. Vote approved 5-0.
Board of Selectmen Minutes September 20, 2010 2
National Take Back Initiative
The North Andover Police Department will conduct a prescription drug disposal day as part of a nationwide
initiative by the U.S. Drug Enforcement Administration on September 25,2010 from 8:00 a.m. to 12:00 noon at
North Andover Police Station 566 Main Street.
4t"Annual Ceremonial Salute to Gold Star Mothers and Donation Drive
Fly for Freedom and the Salute to Gold Star Mothers at Lawrence Municipal Airport,Guest speaker is Senator Scott
Brown. This event will be will be held on Sunday,September 26,2010 from 9:00 a.m.to 4:00 p.m.
Public Comment
Barry Sullivan of the Firefighter's Union asked how much money the Town has spent on legal fees since Town
Meeting due to the firefighter's arbitration.
Friends of the Senior Center Fundraiser"A Matter of Taste"
The Friends of the Senior Center will be holding their annual fundraiser"A Matter of Taste"on Friday,September
24,2010 at the Stevens Estate.
CONSENT ITEMS:
First-time Homebuyers Assistance Program and use of HOME Funds
Each year HOME provides funding to North Andover through the federal department of Housing&Urban
Development (HUD). The annual amount of money available to North Andover is roughly$68,174($136,000)for
two years. The funding must be dispersed based on HUD guidelines and regulations for affordable housing.
The Board of Selectmen was requested to vote to continue and allow the use of HOME funds for the First-time
Homebuyer Assistance Program and to allow our office to administer the funds with financial assistance from the
Housing Trust.
Tracy Watson made a MOTION,seconded by Richard Nardella,to authorize the continuation to disperse HOME
funds for the First-time Homebuyer Assistance Program. Vote approved 5-0.
Affordable Housing Unit Resale
Tracy Watson made a MOTION,seconded by Richard Nardella,to not exercise their right of first refusal for the
affordable housing unit at 190 Chickering Road, Unit 207D at Kittredge Crossing and to have CHAPA and assistance
from brokers with experience in managing affordable sales in helping the Town maintain the units as affordable.
Vote approved 5-0.
Grant of Easement—Municipal Sewer Extensions
Richard Nardella made a MOTION,seconded by Tracy Watson,to approve an easement at 45 Boston Street and 32
Boston Hill Road to extend the municipal sewer to residents because of failed septic systems. Vote approved 5-0.
Landscape Donations—New Police Station
The Board of Selectmen was asked to accept the donation of goods and services from several residents and
landscaping companies that have offered to assist the Town needs at the new police station.
Richard Nardella made a MOTION,seconded by William Gordon,to accept the donation of goods and services
from several residents and landscaping companies that have offered to assist the Town needs at the new police
station. Vote approved 5-0.
Acceptance of Video Conferencing Equipment
The Board of Selectmen was asked to accept the donation of Cisco/Tandberg Video Conferencing Equipment from
CBE Technologies and Cisco Systems to the Town of North Andover/North Andover Public Schools in the amount of
$64,000.
Richard Nardella made a MOTION,seconded by William Gordon,to accept the donation of Cisco/Tandberg Video
Conferencing Equipment from CBE Technologies and Cisco Systems to the Town of North Andover/North Andover
Public Schools in the amount of$64,000. Vote approved 5-0.
Board of Selectmen Minutes September 20, 2010 3
Trauma Intervention Program of Merrimack Valley, Inc.
The Board of Selectmen was asked to accept a donation provided by Scott Emerson of Wheelabrator of behalf of
the Town of North Andover to the TIP Trauma Intervention Program for the amount of$10,000.
Richard Nardella made a MOTION,seconded by William Gordon,to accept the donation from Scott Emerson of
Wheelabrator of behalf of the Town of North Andover to the TIP Trauma Intervention Program for the amount of
$10,000 and to send a letter to thanks to Scott Emerson for the generous donation. Vote approved 5-0.
LICENSING COMMISSIONERS:
Rosemary Smedile made a MOTION,seconded by William Gordon,to move into Licensing and to open the public
hearing. Vote approved 5-0.
Millennium Eatery,d/b/a Beijing Restaurant: Imposition of Penalty
The Millennium Eatery has chosen not to appeal the decision of the ABCC upholding the Commission's decision to
impose a 10-day suspension for violations of the Town's liquor rules and regulations. The Licensing Commissioners
can choose dates that the penalty will be imposed. Notice to the licensee was hand delivered to the premises on
September 16,2010,that this matter will be discussed at the Board of Selectmen's open session meeting on
September 20,2010.
Mr.Victor Ng and Ms. Huang were present and apologized to the Board for their lack of knowledge and experience
in the business and asked the Board to be lenient.
The Board said that they would not impose the suspension for 10 consecutive days because that would be too
much of a strain on the business and they did not want to put the restaurant out of business. On the dates of
suspension the restaurant could still sell food but there would be no alcohol served on the selected days.
Selectman Smedile suggested the following eight(8)dates for suspension Oct. 30, Nov. 24, Nov. 26, Dec. 25, Dec.
31,2010;Jan. 1, Feb. 14,and Mar. 17,2011. Selectman Smedile asked the Licensee if they had other dates in
mind.
Mr. Ng asked if the Board would reconsider the suspension date of Dec. 31,2010. He stated that was the busiest
night of the year and would hurt their business.
After a discussion,the Board agreed to change the suspension date of Dec. 31,2010 to another date and asked Mr.
Ng and Ms Huang to give them some dates.
Since they could not come up with definite dates,the Board imposed the following three(3)dates of Sept. 24,Oct.
1,and Oct. 15,2010.
Rosemary Smedile made the MOTION,seconded by William Gordon,to impose a 10 day suspension of all alcoholic
beverages at the Millennium Eatery, Inc. d/b/a Beijing Restaurant, 1250 Osgood Street in North Andover on the
following specific dates of Sept. 24,Oct. 1,and Oct. 15,Oct. 30, Nov. 24, Nov. 26, Dec. 25,Jan. 1, Feb. 14,and Mar.
17,2011. Vote approved 5-0.
Richard Nardella made a MOTION,seconded by Rosemary Smedile,to move out of Licensing. Vote approved 5-0.
OLD BUSINESS:
Note: Richard Nardella recused
Audit Committee Report
At the August 30,2010 meeting the Board voted to take no action on accepting the Audit Report and tabled it for
discussion as to how to proceed towards bringing this matter to a final resolution.
Rosemary Smedile made a MOTION,seconded by William Gordon,to create an ad hoc committee consisting of
Melinda Coppa, Robert Ercolini, Karin Rhoton,whose purpose it will be to review and comment on report entitled
Board of Selectmen Minutes September 20, 2010 4
"Fraudulent Sale of Town Owned Assets, Investigative Control Audit",written by Selectmen Nardella and approved
by Audit Committee members. Vote approved 3-1-0. Daniel Lanen opposed.
Note: Richard Nardella returned
Street Name Signs
Public Works Director Bruce Thibodeau presented a plan to replace all street signs over the next three years using
Chapter 90 funds with new signs that are in compliance with the Manual of Uniform Traffic Control Devices. He is
recommending white lettering on a black background with a white border and the Town Seal located to the left of
the street name.
The Board of Selectmen was asked to make a decision on the spelling of Waverl(e)y Road.The Town Clerk
searched the Town's archives and found an official record from a Board of Selectmen meeting on October 8, 1951,
that spelled it as Waverley Road.
Rosemary Smedile made a MOTION,seconded by Tracy Watson,to spell it as"Waverly"without the(e). Vote
approved 3-2. Richard Nardella and Daniel Lanen opposed.
Transportation Improvement Project(TIP) Prioritization
The Merrimack Valley Planning Commission asked the Board to prioritize transportation and roadway projects for
inclusion on the Community Priority Project list.
The Board gave their prioritized listings and the Town Manager placed them in order to be sent to the Merrimack
Valley Planning Commission. Placement was as follows: Rt. 114 improvements @ Shawsheen; Rt. 114 widening at
Hillside Rd; Rt. 125 improvements; Machine Shop Village improvements;495 off ramp at Mass Ave exit; Hold Rd
improvements.
Old Center Undergrounding Project Update
Assistant Town Manager Ray Santilli said that Verizon is proceeding with the partially funded CPA project of
removing the overhead wires and the utility poles surrounding the Town Common. This includes the triangle of
Osgood Street,Andover Street and Mass Avenue. The budget for this part of the project is$900,000.
Drought Warning, Phase II
Public Works Director Bruce Thibodeau informed the Board that the current water levels in our drinking water
supply, Lake Cochichewick,is currently at 108.90 feet,a level below where we need to inform the public to
conserve water on a stricter level. Mr.Thibodeau will keep a watch on this and will report back at the next
meeting.
NEW BUSINESS:
Fire Department Equipment
Fire Chief Melnikas requested to come before the Board to discuss the condition of two of his fire suppression
vehicles, both of which are in compromised states.
Engine#3 is a 1985 emergency one vehicle which has 120,000 miles on it and needs costly repairs. Total cost of
the repairs would be approximately$85,000. The chief's opinion is that this is not the best interest of the town to
invest this much money into a 25 year old vehicle.
Ladder One is a 1994 Smeal/Spartan Quint,which means it can serve as an engine/pumper as well as serving as a
ladder truck. There is currently 98,000 miles on this truck and needs engine repairs for about$21,506. Also there
is a three inch rot hold in the area of the outriggers and rust areas in the frames estimated total cost to repair is
about$250,000. At this time the ladder one is out of service as an aerial and the town has to rely on mutual aid
companies should one be needed at an incident.
The Town Manager said to the Board that the chief has demonstrated a need for new fire trucks. Questions to be
considered are as follows: Does the Town buy used or new vehicles? Does the Town buy a 75'or 100' ladder
Board of Selectmen Minutes September 20, 2010 5
truck? How does the Town finance it? Is it an immediate need for a special town meeting or can this wait until the
May Annual Town Meeting? The Town Manager will meet with the Chief this week to discuss the matter.
Rolling Ridge Conservation Restriction and Use Easement Update
Community Development Director Curt Bellavance and Chair of the Community Preservation Committee John
Simons reviewed the status of the CPA funded project to acquire a conservation restriction and public trail access
at the Rolling Ridge project.
The Town voted$600,000 in CPA funding for public trail access and parking at Rolling Ridge. Work has begun on
applying for a state drinking water grant which will cover up to 50%of the cost of the project. The deadline is
September 24 and support from the Board of Selectmen is requested.
John Simons is in the process of updating the appraisal for the project as the initial appraisal is 18 months old.
Town Planner Judy Tymon and Conservation Administrator Jennifer Hughes have been assisting as well and Town
Counsel will review all the documents involved in any transactions.
Rosemary Smedile made a MOTION,seconded by Tracy Watson,to send a letter to the MA DEP in support the
Town's Drinking Water Supply Protection grant application submitted for protection of the"Rolling Ridge"
property located on Great Pond Road. Vote approved 5-0.
Administrative Reorganization
The Town Manager proposed a reorganization of the Assistant Town Manager's responsibilities. This
reorganization would have the Assistant Town Manager assume the responsibilities of a Purchasing Director along
with assisting the Town Manager. This Purchasing Director part of this position would also be consolidated
between the Town and Schools. The Town Manager also would like to create a separate position for Human
Resources that would plan,implement and maintain a variety of Human Resources related activities and programs
including compliance with local,state and federal regulations and laws,the recruitment and retention of
employees,dispute resolution,and employee benefits management.
The Board was asked to review the Town Manager's proposed reorganization and this will be brought up at their
next meeting.
Green Repair Program (School Department)
The School Department is submitting an application to the Massachusetts School Building Authority to participate
in the 'Green Repair Program'. The statement of interest to be submitted requires the approval of the Board of
Selectmen. The Board was asked to vote on three separate repairs for replacement windows at the Atkinson
Elementary School, repair to the roof at the Sargent Elementary School,and replace the roof at the Middle School.
William Gordon made a MOTION,seconded by Tracy Watson,to approve the following:
Resolved: Having convened in an open meeting on September 20,2010,the Board of Selectmen of the Town of
North Andover,in accordance with its charter, by-laws,and ordinances, has voted to authorize the Superintendent
to submit to the Massachusetts School Building Authority the Statement of Interest dated September 21,2010 for
the Atkinson Elementary School located at 111 Phillips Brooks Road, North Andover which describes and explains
the following deficiencies and the priority category(s)for which the Town of North Andover may be invited to
apply to the Massachusetts School Building Authority in the future for Priority#5—"Replacement, renovation or
modernization of school facility systems,such as roofs,windows, boilers, heating and ventilation systems,to
increase energy conservation and decrease energy related costs in a school facility,as determined in the judgment
of the Authority;specifically to replace the 46-year old windows to increase energy efficiency and decrease energy-
related costs,and hereby further specifically acknowledges that by submitting this Statement of Interest,the
Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application,
the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority,or
commits the City/Town/Regional School District to filing an application for funding with the Massachusetts School
Building Authority. Vote approved 5-0.
Board of Selectmen Minutes September 20, 2010 6
William Gordon made a MOTION,seconded by Tracy Watson,to approve the following:
Resolved: Having convened in an open meeting on September 20,2010,the Board of Selectmen of the Town of
North Andover,in accordance with its charter, by-laws,and ordinances, has voted to authorize the Superintendent
to submit to the Massachusetts School Building Authority the Statement of Interest dated September 21,2010 for
the Sargent Elementary School located at 300 Abbott Street, North Andover which describes and explains the
following deficiencies and the priority category(s)for which the Town of North Andover may be invited to apply to
the Massachusetts School Building Authority in the future for Priority#5—"Replacement,renovation or
modernization of school facility systems,such as roofs,windows, boilers, heating and ventilation systems,to
increase energy conservation and decrease energy related costs in a school facility,as determined in the judgment
of the Authority;specifically to repair the roof to increase energy efficiency and decrease energy-related costs,and
hereby further specifically acknowledges that by submitting this Statement of Interest,the Massachusetts School
Building Authority in no way guarantees the acceptance or the approval of an application,the awarding of a grant
or any other funding commitment from the Massachusetts School Building Authority,or commits the
City/Town/Regional School District to filing an application for funding with the Massachusetts School Building
Authority. Vote approved 5-0.
William Gordon made a MOTION,seconded by Tracy Watson,to approve the following:
Resolved: Having convened in an open meeting on September 20,2010,the Board of Selectmen of the Town of
North Andover,in accordance with its charter, by-laws,and ordinances, has voted to authorize the Superintendent
to submit to the Massachusetts School Building Authority the Statement of Interest dated September 21,2010 for
the North Andover Middle School located at 495 Main Street, North Andover which describes and explains the
following deficiencies and the priority category(s)for which the Town of North Andover may be invited to apply to
the Massachusetts School Building Authority in the future for Priority#5—"Replacement,renovation or
modernization of school facility systems,such as roofs,windows, boilers, heating and ventilation systems,to
increase energy conservation and decrease energy related costs in a school facility,as determined in the judgment
of the Authority;specifically to replace the roof to increase energy efficiency and decrease energy-related costs,
and hereby further specifically acknowledges that by submitting this Statement of Interest,the Massachusetts
School Building Authority in no way guarantees the acceptance or the approval of an application,the awarding of a
grant or any other funding commitment from the Massachusetts School Building Authority,or commits the
City/Town/Regional School District to filing an application for funding with the Massachusetts School Building
Authority. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Town Manager signed a contract in the amount of$103,000 for installation of solar panels funded through a
grant programs and a local company.
Public Comment
Donald Stewart Prospect Street commented that Santa Claus rides on Engine#3 Fire Vehicle in the Holiday Parade
and needs to be a safe vehicle.
Mr.Victor Ng representing the Beijing Restaurant requested the Licensing Commission to reconsider changing one
of the suspension dates and to not suspend November 24,2010 instead of December 31,2010. Mr. Ng also asked
if three other dates could be reconsidered.
Chairman Lanen suggested that the management of the Beijing put their request in writing and they will serve the
first two suspension dates of September 24 and October 1,2010 as stated. The Licensing Commission will meet
again on October 4,2010,to have another Public Hearing regarding this matter.
ADJOURNMENT:
Rosemary Smedile made a MOTION,seconded by William Gordon,to adjourn the meeting at 9:25 p.m. Vote
approved 5-0.
Adele J.Johnson
Administrative Secretary
William Gordon,Clerk of the Board