HomeMy WebLinkAbout2012-05-21 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 21,2012
CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room.
ATTENDANCE: The following were present: Tracy Watson, Chairman;William F. Gordon, Clerk;Rosemary
Smedile,Licensing Chairman;Donald Stewart,Richard Vaillancourt,Ray Santilli,Assistant Town Manager;and
Andrew Maylor, Town Manager.
PLEDGE OF ALLEGIANCE
Appointments of Sworn Police Personnel
The Chief of Police Paul Gallagher and the Town Manager have recommended the following individuals for
promotions and appointments of various sworn officers.
Note: Rosemary Smedile recused
William Gordon made a MOTION, seconded by Donald Stewart,the Board of Selectmen votes to support the
appointments of the Town Manager of Charles Gray as Police Lieutenant,Daniel Lanen and Daniel Crevier as
Police Sergeants and the following as Police Officers;Brian Fay,Michael Reardon and Steven Corr subject to the
completion of the Police Recruit Academy. Vote approved 4-0.
Note: Rosemary Smedile returned
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Richard Vaillancourt,to approve the Open Session Minutes of May
21,2012,as written. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
Be sure to attend the Memorial Day Parade on Monday,May 28, 2012. The High School Play Legally Blonde was a
great take and congratulations to the Drama Club. The Sheep Shearing Festival was held on May 20, 2012 and
thanks to the Festival Committee.
CONSENT ITEMS:
Request to Surplus Technology quipment
IT Director Matt Killen requested the disposal of technology equipment that has been determined to be of no value
to the Town.
William Gordon made a MOTION, seconded by Richard Vaillancourt,the Board of Selectmen approves the request
of IT Director Matt Killen to surplus various technology equipment as listed on the memorandum from Mr. Killen to
the Town Manager dated May 8,2012. Vote approved 5-0.
First Right of Refusal, Affordable Housing Unit Resale
CHAPA has notified the Town that the following affordable units are up for sale. The Board is recommended not to
exercise their right of first refusal for the unit.
William Gordon made a MOTION, seconded by Richard Vaillancourt,hereby votes not to exercise its first right of
refusal as it relates to the following affordable housing unit that is for sale: 1 Harvest Drive,unit 211 at Oakridge
Village. Vote approved 5-0.
Approval of Debt Issuance
The board was asked to approve the issuance of town debt by the town's financial advisor David Eisenthal of
Unibank. The board was asked to sign a series of documents,including the bond and note certificates.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to approve an I,the Clerk of the Board of
Selectmen of the Town of North Andover,Massachusetts(the"Town"), certify that at a meeting of the board held
May 21, 2012,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:
Board of Selectmen Minutes May 21, 2012 2
Voted: that the sale of the$4,508,348 General Obligation Municipal Purpose Loan of 2012 Bonds
of the Town dated May 15, 2012 (the"Bonds"),to FTN Financial Capital Markets at the price of
$4,607,060.47 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on May
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
2013 $498,348 2.00% 2019 $275,000 2.00%
2014 490,000 2.00 2020 275,000 2.00
2015 490,000 2.00 2021 265,000 2.00
2016 490,000 2.00 2022 260,000 2.00
2017 490,000 2.00 2025 300,000 2.125
2018 275,000 2.00 2029 400,000 2.50
Further Voted: that the Bonds maturing on May 15,2025 and May 15,2029(each a"Term
Bond")shall be subject to mandatory redemption or mature as follows:
Term Bond due May 15, 2025
Year Amount
2023 $100,000
2024 100,000
2025* 100,000
*Final Maturity
Term Bond due May 15, 2029
Year Amount
2026 $100,000
2027 100,000
2028 100,000
2029* 100,000
*Final Maturity
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 May 7, 2012,and a final Official
Statement dated May 15, 2012 (the"Official Statemenf'),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 Bonds shall be subject to redemption,at the option of the Town,upon
such terms and conditions as are set forth in the Official Statement.
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 we authorize and direct the Treasurer to establish post issuance federal tax
compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such
procedures are currently in place,to review and update said procedures,in order to monitor and maintain
the tax-exempt status of the Bonds.
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.
Board of Selectmen Minutes May 21, 2012 3
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 or,if applicable,in
accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940
CMR 29.03(2)(b),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.
Roll Call Vote: Donald Stewart yes,Rosemary Smedile yes, William Gordon yes,Richard Vaillancourt yes, and
Tracy Watson yes; approved 5-0.
LICENSING COMMISSIONERS:
William Gordon made a MOTION, seconded by Donald Stewart,to open a meeting of the North Andover Licensing
Commission. Vote approved 5-0.
St. Gregory's Armenian Apostolic Church request for One-Day License June 14,2012
William Gordon made a MOTION, seconded by Donald Stewart,the town of North Andover Board of Selectmen,
acting as the Licensing Commissioners,hereby grants a One Day All Alcohol License per M.G.L. c. 138, section 14
to Armen Jeknavorian of Saint Gregory's Armenian Church 158 Main Street,North Andover for the use at the"2nd
Annual Cigar Night and Dinner"fundraiser on June 14,2012 from 6:00 p.m.to 11:00 p.m. Vote approved 5-0.
William Gordon made a MOTION, seconded by Donald Stewart,to close the meeting of the Licensing Commission.
Vote approved 5-0.
OLD BUSINESS:
FY13 Budget
Given the increases in local aid in the proposed FYI budgets of House Ways and Means and Senate Ways and
Means,the Town Manager recommended that the revenue estimate of the Town Manager recommended budget be
increased by$113,458 and that with the additional revenue the recommended school funding be increased by
$77,945 and the municipal funding by$35,513.
Rosemary Smedile made a MOTION seconded by Richard Vaillancourt,the Town of North Andover Board of
Selectmen approves the recommendation of the Town Manager to amend the Town Manager's original
recommended FYI budget by increasing the funding for North Andover Public Schools by$77,945 and increase
the funding for Public Safety Salary Reserve by$35,513. Vote approved 5-0.
Recommendations on Town Meeting Warrant Articles
The Board made the following recommendations on the Town Meeting Warrant Articles:
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 1.
Reports of Special Committees. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 2.
Reports of Receipts and Expenditures. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 3.
Authorization of the Town Manager or Superintendent of Schools regarding Contracts in Excess of Three Years.
Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 4.
Authorization to Accept Grants of Easements. Vote approved 5-0.
William Gordon made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article S.
Authorization to Grant Easements. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 6.
Amend General Bylaws—Add New Chapter—Chapter 103 Fingerprint—Based Criminal Record Background
Checks. Vote approved 5-0.
Board of Selectmen Minutes May 21, 2012 4
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 7.
Amend Chapter 69-7-1-Fire Alarms-Connection Fee of the General Bylaws. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 8. Amend
General Bylaws-Chapter 59 Section 6 0 Annual Town Meeting Date. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 9.
Acceptance of Massachusetts General Laws Chapter 59 Section 5K-Senior Work Program. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 10.
Adopt the Provisions of Massachusetts General Law Chapter 60 Section 3-D Elderly Disabled Tax Fund Vote
approved 5-0.
William Gordon made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article 11. Petition
the General Court-Rescind the Acceptance of Massachusetts General Law Chapter 31 Section 47 DPW Labor
Services. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to vote Unfavorable Action on Article 12.
Reduction of Community Preservation Act Surcharge. Vote approved 4-1, William Gordon opposed.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article 13.
Petition the General Court-Special Act-Change in Liquor Quota-All Alcoholic Beverages for Package Stores
-LaBottega,LLC 1820 Turnpike Street. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to vote Unfavorable Action on Article 14.
Petition the General Court-Amend Charter for the Town of North Andover-Amend Chapter 8 Section 1-
Town Election Date. Vote approved 5-0
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 15.
Petition the General Court-Amend Charter for the Town of North Andover-Amend Chapter 8 Section 3-1-
Procedures. Vote approved 5-0
William Gordon made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article 16.
Compensation of Elected Officials. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article 17. Prior
Years Unpaid Bills. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by William Gordon,to vote Favorable Action on Article 18.
Establishments of Revolving Funds. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 19.
Amend General Fund Appropriation for Fiscal Year 2012. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 20.
General Fund Appropriation-Fiscal Year 2013 as Amended Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 21.
Water Enterprise Fund Appropriation Fiscal Year 2013. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 22.
Sewer Enterprise Fund Appropriation-Fiscal Year 2013. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 23.
Stevens Estate at Osgood Hill Enterprise Fund Appropriation Fiscal Year 2013. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 24.
Amend Capital Improvement Plan Appropriations from Prior Years as Amended Vote approved 5-0.
Board of Selectmen Minutes May 21, 2012 5
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article 25.
Capital Improvement Plan Appropriation Fiscal Year 2013. and delete item 15,-$300,000 for Osgood Street
Sewer Preliminary Design. Vote failed 2-3. William Gordon,Richard Vaillancourt and Tracy Watson opposed.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 25.
Capital Improvement Plan Appropriation Fiscal Year 2013. Vote approved 3-2. Rosemary Smedile and Donald
Stewart opposed.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 26.
Energy Services Company Project Funding. Vote approved 5-0
William Gordon made a MOTION, seconded by Donald Stewart,to vote Favorable Action on Article 27. Sale of
Public Buildings-Bradstreet School Main Street. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 28.
Amend Article 29, -2011 Annual Town Meeting-CPA BAN Authorization. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile, To Be Made At Town Meeting on Article 29.
Report of the Community Preservation Committee and Appropriation from the Community Preservation Fund
Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 30.
Appropriation from Federal Early Retirement Reinsurance Program to the Health Insurance Trust Fund Vote
approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 31.
Capital Stabilization Account. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 32.
Transfer to Stabilization. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 33.
Transfer to(OPEB) Other Post Employment Bene/its Stabilization. Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 34.
Amend North Andover Zoning Bylaw-Section 8.1.4(a) Off Street Parking General Requirements. Vote
approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 35.
Amend North Andover Zoning Bylaw-Section 4.135 Industrial"S"District. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by William Gordon,to vote Favorable Action on Article 36.
Amend North Andover Zoning Map-1018 Osgood Street-Assessors Map 35-Parcel 19 from Industrial 2(12)
to Business 2(B-2)as Amended Vote approved 5-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to vote Favorable Action on Article 37.
Amend North Andover Zoning Bylaw-Section 4.137 Floodplain District. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Vaillancourt,to vote Favorable Action on Article 38.
Amend Section 16.2 of the Zoning bylaw-Allow Drive-thru Restaurants in CDDI District. Vote approved 5-0.
Acceptance and Signing of the Town Meeting Warrant
The Board took a final vote to accept the Town Warrant as Amended.
William Gordon made a MOTION, seconded by Richard Vaillancourt,the Town of North Andover Board of
Selectmen approves the draft Town Meeting Warrant dated May 17, 2012 and amended by any votes taken at the
Board of Selectmen's meeting of May 21, 2012. Vote approved 5-0.
Board of Selectmen Minutes May 21, 2012 6
TOWN MANAGER'S REPORT:
Brooks School use of Town Common
The Town Manager has approved the request by the Brooks School to use the Town Common for approximately one
hour on May 24, 2012.
Girl Scouts use of Town Common
The Town Manager has approved the request by Kristen Mullen of the Girl Scouts to use the Town Common for
two hours on June 12,2012.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Richard Vaillancourt,to adjourn the meeting at 9:30 p.m. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
William Gordon, Clerk of the Board