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HomeMy WebLinkAbout2011-02-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES FEBRUARY 22, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:30 P.M.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. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Richard Nardella, to approve the Joint Session Minutes of January 25, 2011, as written. Vote approved 5-0. William Gordon made a MOTION, seconded by Richard Nardella, to approve the Open Session Minutes of January 31, 2011 as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Certificates of Accomplishments North Andover High School Wrestling Team This was postponed due to a conflict and will be on the next meeting. Report of Facilities Management Consolidation Task Force Selectman Tracy Watson, a member of the Task Force gave a detailed report. The group met seven times and completed the following tasks. 1. Surveyed work done in-house and by outside contract services 2. Inventory of existing services and responsibilities 3. Budgets 4. Surveyed thirteen communities that consolidated a facilities management position 5. How to save money on energy and utilities 6. Mission Statement The Task Force recommended that the Town of North Andover follow the model of an independent department and hires a Facilities Management Director to manage all buildings and equipment, exclusive of specialty property and grounds such as the pumping stations and sports fields. The Facilities Management Director shall report to both the Town Manager and the Superintendent of Schools depending upon what properties are involved. This person should have a strong background in property, energy, and financial management, as well as the other requirements stated in the Job Description. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to accept the report from the Facilities Management Consolidation Task Force and authorize the hiring of Facilities Management Director which is a joint recruitment with the school department. Vote approved 5-0. Notice of Public Meeting, Greater Lawrence Sanitary District—February 28, 2011 The GLSD will hold a public meeting regarding a new pressured sewerage line between the Riverside Pumping Station and the Waste Water Treatment plant. The meeting will take place at 240 Charles Street. Selectmen's Meeting Change of Date from March 7 to March 9, 2011 CONSENT ITEMS: Request to Use Town Property— Paul Boulanger and Kathleen Gallagher The owners of Turtle Lane Maple Farm are requesting approval to research, tap and harvest maple sap from maple trees located on town property. Board of Selectmen Minutes 2 Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the request to use maple trees located on town property to research, tap and harvest maple sap for making maple syrup. Vote approved 5-0. Request to fill position: Plumbing and Gas Inspector, part/time The current inspector has announced his retirement and Community Development Director Curt Bellavance is requesting permission to fill this essential position. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to approve the request to fill the part-time position of Plumbing and Gas Inspector. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by William Gordon, to move into Licensing. Vote approved 5-0. One-Day Wine and Malt License, Joseph N. Herman Youth Center, Inc. March 12, 2011 The Joseph N. Herman Youth Center, Inc. is requesting a one-day beer and wine license to sell alcoholic beverages at their annual fund raiser, "Taste of North Andover"to benefit the North Andover Youth and Recreation Department. They are also requesting that the $100 application fee be waived. Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the one-day license and to waive the $100 application fee. Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Approval of Borrowing, $4.6 Million General Obligation Bond David Eisenthal from the Town's financial advisory firm of Unibank Fiscal Advisory Service, Inc. was present to record the Board's approval of a $4,590,353 bond issuance. The Clerk of the Board William Gordon read the following: VOTE OF THE BOARD OF SELECTMEN I, William Gordon, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts (the "Town"), and seconded by Rosemary Smedile, certify that at a meeting of the board held February 22, 2010, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody: Voted: that the maximum useful life of the departmental equipment listed below to be financed with the proceeds of the $1,300,000 borrowing authorized by the vote of the Town passed November 17, 2010 (Article 1) is hereby determined pursuant to G.L. c.44, §7(9)to be as follows: Purpose Borrowing Amount Maximum Useful Life Fire trucks $1,300,000 10 Years Further Voted: that the sale of the $4,590,353 General Obligation Municipal Purpose Loan of 2011 Bonds of the Town dated March 1, 2011 (the "Bonds"), to Robert W. Baird & Co., Inc. at the price of$4,770,174.79 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on August 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2011 $525,353 2.00% 2016 $400,000 3.00% 2012 525,000 2.00 2017 400,000 3.75 Board of Selectmen Minutes 3 2013 525,000 2.00 2018 400,000 3.75 2014 525,000 3.00 2029 400,000 3.50 2015 525,000 3.00 2020 365,000 3.75 Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated February 3, 2011, and a final Official Statement dated February 17, 2011 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located, at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. Vote approved 5-0. Note: There was a short recess for the Board to sign documents. Review of FY12 General Fund Capital Improvement Projects The Town Manager provided two excel work books with different CIP scenarios. The first workbook labeled "Recommended CIP with School "Green Projects" provides for; a) reducing the appropriation for the Middle School Roof from 1 million to $650,000 based on a revised estimate; b) moving the Sargent School Roof and Atkinson Window projects forward to FY12; and c) applying the 46% green grant reimbursement to the three school projects that are eligible. The second workbook, requested by the Finance Committee and labeled "CIP w/school green projects and 5% limit", shows the financial and programming impact of funding the three green school projects in FY12 and keeping the debt service ratio as close to 5% as possible. The Board comments were to take advantage of a good deal and go a tad over the 5% debt service while the interest rates are so low. The Town Manager recommended putting the CIP on the Warrant with the two excel workbooks CIP scenarios for information purposes only. The Board could vote on it at their next meeting. Vote of Articles for May 10, 2011 Annual Town Meeting The Board was requested to vote to place Articles on the Annual Town Meeting Warrant, May 10, 2011, since the Warrant closes on Friday, February 25, 2011. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to place the following Articles on the Warrant: A. Reports of Special Committees B. Reports of Receipts and Expenditures C Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years D. Authorization to Accept Grants of Easements Board of Selectmen Minutes 4 E. Authorization to Grant Easements F. Compensation of Elected Officials G. Prior Year Unpaid Bills H. Establishment of Revolving Funds I. Continuation of MGL, Chapter 59, Section 5K, Senior Work Program-Funding of$18,000 J. Amend General Fund Appropriation for FYI K. Amend Water Enterprise Fund Appropriation for FYI L. Amend Sewer Enterprise Fund Appropriation for FYI M. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FY 11. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to place Article N. Amend Capital Plan Appropriations from Prior Years, reallocation N', N2, and N3 on the Warrant. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to place the following Articles on the Warrant: O. General Fund Appropriation, FY12 P. Water Enterprise Fund Appropriation, FY12 Q. Sewer Enterprise Fund Appropriation, FY12 R. Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FY12 Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to place Article S. Capital Improvement Plan Appropriation, FY12 on the Warrant. Vote approved 5-0. The Town Manager removed Article T. Assessment of Betterments for Osgood Street Sewer and U. Eminent Domain Taking of Land for Osgood Street Sewer Pump Station from the Warrant. No vote required. William Gordon made a MOTION, seconded by Rosemary Smedile, to place the following Articles on the Warrant: V. Report of the CPA Committee and Appropriation from the Community Preservation Fund W. Authorization to Borrow Money to be paid back using Community Preservation Act Funds X. Authorization to Transfer Funds from the Health Dept. Food Consultants Revolving Account to the Board of Health. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to place the following Articles on the Warrant: Y. Amend Zoning Bylaw, Section 8.9, Wireless Service Facilities Z. Amend Zoning Bylaw, Section 3, Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts on the Warrant. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to place the following Articles on the Warrant: AA. Placement of conservation restriction on Town owned land BB. Amend Town By-Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries CC. Establishment of Special Stabilization Fund; Reserve for Future Payroll DD. Petition the General Court, Municipal Group Insurance Committee Legislation EE. Road Way Acceptance: Carter Field Road FF. Petition the General Court: Special Act to Exempt the Town of North Andover from Portions of the Prevailing Wage Act. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to place Article GG. Authority to Sell or Lease Town Owned Land on the Warrant. Vote approved 5-0. Board of Selectmen Minutes 5 William Gordon made a MOTION, seconded by Tracy Watson, to place the following Articles on the Warrant: HH. Amend North Andover Zoning Bylaw-Section 4.137 Floodplain District 11. Amend Chapter 88 of the General Bylaws-Chapter 88-Add new Section, Section 9-Vaccination Required for Dogs Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, to place the following Articles on the Warrant: KK. Petition the General Court: Collective Bargaining Agreements LL. Petition the General Court: Change Town Charter, Chapter 4-7-1, Responsibilities for Disbursements Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to place Article MM. Transfer of Funds into Other Post Employment Benefits Liability Trust Fund on the Warrant. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to place Article NN. Transfer of Funds into Stabilization Fund on the Warrant. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Tracy Watson, not to place Article 00. Funding of Collective Bargaining Agreements on the Warrant. Vote approved 4-1. William Gordon opposed. William Gordon made a MOTION, to transfer funds out of the Stabilization Fund. Motion failed for lack of second. Review of FY12 General Fund Operating Budget TABLED NEW BUSINESS: Water and Sewer FY12 Recommended Enterprise Fund The Town Manager presented the Board with his recommended budgets for the Water and Sewer Enterprise Funds as well as consumption information for their review. TOWN MANAGER'S REPORT: Veterans Edward Mitchell will be out on an extended medical leave and Skip Cheney from the Assessors' office will cover ten (10) hours per week in his place for a stipend of$20 a week. ADJOURNMENT: Richard Nardella made a MOTION, seconded by William Gordon, to adjourn the meeting at 9:50 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board