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Home My WebLink About2011-04-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 25, 2011 CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 7:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Daniel Lanen, Chairman; William F. Gordon, Clerk; Tracy Watson, Licensing Chairman; Rosemary Connelly Smedile, Donald Stewart, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE Changes to the Agenda The Town Manager announced that there would be three changes to the agenda as follows: the Ad Hoc Committee report has been TABLED; adding an item under Consent Items, Approval for Police Department State 9-1-1 Grant; and a continued extension for Licensing Public Hearing for Millennium Eatery, Inc. APPROVAL OF MINUTES: William Gordon made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of April 15, 2011, as written. Vote approved 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Fire Chief Accreditation Fire Chief Andrew Melnikas has recently received accreditation through the Massachusetts Fire Services Commission for having met requirements based on education, training and experience. The Board commended Chief Melnikas and recognized him for his achievement. Arbor Day Proclamation The Town of North Andover is planning an Arbor Day celebration on the front lawn of the Steven's Memorial Library at the corner of Main and Greene Street at 10:00 a.m. on Thursday, April 28, 2011, by planting a tree on the grounds of the Stevens Memorial Library. The Board will present a Proclamation in honor of Arbor Day. CONSENT ITEMS: Request for Use of Town Common —Festival Committee The Festival Committee is requesting use of the Town Common on Sunday, May 22, 2011 from 6:00 a.m. to 6:00 p.m. for the annual Sheep Shearing Festival. They are also asking for temporary road closures on Massachusetts Avenue from Osgood Street to Academy Road and designated handicap parking spaces on Osgood Street. Tracy Watson made a MOTION, seconded by Donald Stewart, to grant an event permit to the Festival Committee for use of the Town Common on Sunday, May 22, 2011 from 6:00 a.m. to 6:00 p.m. for the annual Sheep Shearing Festival and to allow for Massachusetts Avenue be temporarily closed to traffic from Osgood Street to Academy Road from 7:00 a.m. to 6:00 p.m. and to designate handicap parking spaces on Osgood Street. Vote approved 5-0. Acceptance of Donation —Senior Center Northside Carting has donated $500 to the Senior Center to use at their discretion Rosemary Smedile made a MOTION, seconded by Donald Stewart, to accept a $500 donation from Northside Carting to the Senior Center and to direct the Town Manager to send the donor a letter thanking them for their generous donation. Vote approved 5-0. Note: Daniel Lanen recused State 9-1-1 Grant The Police Department was just awarded a State 9-1-1 Grant for$65,693. The period of the grant is from April 25, 2011 to June 30, 2011, which means that all items requested under the grant must be purchased, received and installed prior to June 30, 2011. The Board is requested to approve this grant. Board of Selectmen Minutes April 25, 2011 2 Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the State 9-1-1 Grant for$65,693 for the North Andover Police Department. Vote approved 4-0 Note Daniel Lanen returned PUBLIC HEARING Carter Field Road Layout Tracy Watson made a MOTION, seconded by William Gordon, to open the Public Hearing. Vote approved 5-0. Prior to acceptance of a street at Town Meeting, the Board of Selectmen conducted a "layout" hearing of the street. Town Counsel, Conservation Commission, Planning Board and Public Works have all recommended that the road be laid out by the Board and then accepted by Town Meeting. This acceptance also conveys the soccer fields built by the developer to the Town. The Board discussed this and asked if there was any public comment and input from the developer. Tracy Watson made a MOTION, seconded by William Gordon, to close the Public Hearing. Tracy Watson made a MOTION, seconded by Donald Stewart to accept and declare that public necessity and convenience require the aforesaid way to be laid out and do hereby order and direct that said way be laid out as shown on a plan of land entitled "Street Layout Plan, Carter Field Subdivision and to vote Favorable Action on Article 39 Roadway Acceptance Carter Field Road on the Town Warrant. Vote approved 5-0. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 5-0. The Town Manager said that the attorney for the New Beijing Restaurant Millennium Eatery, Inc. requested a continuation Public Hearing at a later date. The Town Manager asked the Board to consider continuing the Public Hearing on Monday, May 2, 2011 at 7:00 p.m. The Board agreed to meet on Monday, May 2, 2011 at 7:00 pm. Rosemary Smedile made a MOTION, seconded by William Gordon, to move out of Licensing. Vote approved 5-0. Note: Daniel Lanen and Rosemary Smedile recused NEW BUSINESS: Appointment of Interim Police Chief William Gordon acting as Chairman of the Board said that the Board would be discussing the interim police chief and the process of how this will progress. Ten candidates submitted their resumes for consideration of becoming the Interim Police Chief. The Board had been briefed by Labor Counsel with a process to conduct the selection and interviews. The Board has reviewed the resumes and has narrowed it down to two lieutenants. Tracy Watson made a MOTION, seconded by Donald Stewart, to limit the interim police chief to two current police lieutenants for selection as finalist. Vote approved 3-0. The two police lieutenants will be notified and interviewed on Friday, April 29, 2011 at 4:00 p.m. The Town Manager said that the process for selecting a Permanent Police Chief is the following: Request for Proposals are due in on Wednesday, May 4, 2011. Once the selected Assessment Center is notified of the award, they should submit the project contract within two weeks and complete the project within forty-five days. The Town should have an Appointed Police Chief by the end of this summer. Note: Daniel Lanen and Rosemary Smedile returned Board of Selectmen Minutes April 25, 2011 3 Stevens Pond User Fees Director of Youth and Recreation Services Rick Gorman gave an updated report on all the Stevens Pond renovations, weed removal, and seasonal programs. As a result of all of this and a hot summer in year 2010, Mr. Gorman said it was the best season ever and brought in more revenue than expected. Mr. Gorman recommended that the fees remain the same as last year. 2011 User Fees are the following: Season Car Pass $ 75.00 Swimming Lessons $ 50.00 Daily Adult Pass $ 12.00 Season Pass Non-Profit $150.00 Season Pass for Profit $250.00 Additional Sticker $ 20.00 Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the recommended 2011 year fees for Stevens Pond. Vote approved 5-0. Constellation Energy Contract Assistant Town Manager Ray Santilli gave the Board a summary of the Constellation Energy Contract. This contract pertains to an emergency generator at the Water Treatment Plant during extreme peak energy needs. The Water Treatment Plant would go "off line" of the electrical grid and activate their emergency generator. As a result, the Water Treatment Plant would be paid a monthly stipend to be available and then extra revenue during such an event. OLD BUSINESS: Review/Vote Amendments to FY11 General Fund and Stevens Estate Budgets: Warrant Article 10 The Town Manager provided updated information regarding the FY11 general fund budget line items to fund the snow/ice deficit and requested the Board to approve his recommendations for Article 10 Amend General Fund Appropriation for Fiscal Year 2011. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article 10 Amend General Fund Appropriation for Fiscal Year 2011. Vote approved 5-0. Review/Vote of Article 11: Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FY2011 The Town Manager provided updated information for the Stevens Estate Enterprise Fund and requested the Board to vote on Article 11. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article 11 Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FY2011. Vote approved 5-0. Review/Vote of FY12 General Fund Budget The Town Manager gave the Board a proposed revision to the budget with increases in revenues and decreases in expenses on various line items at a net change of$311,729, these changes would provide an additional $214,283 to the School Department and $97,446 to the Municipal Departments, also a transfer from Youth Services Revolving Account of$40,000 for a total of$137,446 to allow for the restoration of personnel cuts in Youth Services, Elder Services, the Library and a partial public works position. Selectmen really wanted to fully fund the public works position and asked the Town Manager if there was any other line item that could be reduced. The Town Manager has increased the Snow and Ice budget for FY12 to insure enough funds due to the rough winter that the Town has gone through in FY11. The Town Manager suggested reducing the Snow and Ice budget $22,500 to fund this position and to revisit this next winter. William Gordon made a MOTION, seconded by Donald Stewart, to AMEND the FY12 General Fund Budget by reducing the Snow and Ice line item by$22,500 and increasing Public Works by $22,500. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, to approve the Information Technology Budget. Vote approved 5-0. Board of Selectmen Minutes April 25, 2011 4 Recommendations on Town Meeting Articles The Board made further recommendations on the following warrant articles; William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article #8. Establishment of Revolving Funds. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article #10 Amend General Fund Appropriation for FYI 1. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article #11 Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for FYI 1. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote To Be Made at Town Meeting on Article #19 Establishment of Special Stabilization Fund, Reserve for Future Payroll. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote To Be Made at Town Meeting on Article #20 Transfer of Funds into Other Post Employment Benefits Liability Trust Fund. Vote approved 5-0. William Gordon made a MOTION, seconded by Rosemary Smedile, to vote No Action on Article #21 Transfer of Funds into Stabilization Fund. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote No Action on Article#22 Appropriate Funds to Elder Services Department to Fund Personnel. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to vote To Be Made at Town Meeting on Article #23 Authorization to Transfer Funds from the Health Department Food Consultants Revolving Account to the Board of Health. Vote approved 5-0. Hold on Article #28. Tracy Watson made a MOTION, seconded by William Gordon, to vote Favorable Action on Article #29 Report of the CPA Committee and Appropriation from the Community Preservation Fund. Vote approved 5-0. Delete Article #30 The Article numbering will change going forward. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#31 now Article #30 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 Tracy Watson, to vote Unfavorable Action on Previous#36 now Article #35. Amend the Town By Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries. No Vote and William Gordon rescinded his vote. Tracy Watson made a MOTION, seconded by William Gordon, to vote Unfavorable Action on Article #35. Amend the Town By Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries. Vote failed 2-3. Rosemary Smedile, Daniel Lanen and Donald Stewart opposed. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to vote Favorable Action on Article #35. Amend the Town By Law, Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries. Vote approved 3-2. William Gordon and Tracy Watson opposed. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#38 now Article #37 Amend Chapter 69 of the General Bylaws—Fire Alarms. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, to vote Favorable Action on Previous#39 now Article #38 Road Way Acceptance: Carter Field Road. Vote approved 5-0. Board of Selectmen Minutes April 25, 2011 5 William Gordon made a MOTION, seconded by Tracy Watson, to vote that the Town's interests in the way or paper street portion of the property known as Bunkerhill Street, which is appurtenant to the Town's ownership interest in the property as 200-203 Bunkerhill Street, shown on Assessors Map 84, Parcel 14 are no longer needed for general municipal purposes. Vote approved 5-0 William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#40 now Article #39 Authority to Sell or Lease Town Owned Land. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote that the two town owned parcels located on Berry Street, shown as Lot 12 and Lot 62 on Assessors' Map 108C and also shown as Lot 1-E containing 3.1 acres more or less and Lot 2-E containing 3.01 acres more or less on a Plan of Land recorded with North Essex Registry of Deeds as Plan Number 10082 are no longer needed for general municipal purposes and may be transferred to the care, custody and control of the North Andover Conservation Commission. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Previous#41 now Article #40 Placement of conservation restriction on Town owned land. Vote approved 5-0. Town Meeting Warrant Signing The Board was requested to vote and to sign the Annual Town Warrant. Donald Stewart made a MOTION, seconded by William Gordon, to approve and sign the Annual Town Warrant. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Manager will be attending a meeting in Boston for the Suburban Coalition on Tuesday, April 26, 2011, to discuss health insurance. ADJOURNMENT: William Gordon made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:00 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board