HomeMy WebLinkAbout2012-07-16 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES JULY 16, 2012
CALL TO ORDER:
ChairmanWilliam Gordon called the meeting to order at 6:00 PM at Town Hall
Meeting Room.
ATTENDANCE:
The following were present: William F. Gordon Chairman; Richard Vaillancourt, Clerk;
Rosemary Smedile, Licensing Chairman; Donald Stewart, Tracy M. Watson, and Andrew Maylor, Town
Manager.
EXECUTIVE SESSION:
Richard Valliancourt made a MOTION, seconded by Tracy Watson, to enter into Executive Session per
MGL Chapter 30A § 21 (a) for the purpose of discussing strategy regarding a matter that is subject to
collective bargaining: Roll Call vote: William Gordon yes, Donald Stewart yes, Richard Vaillancourt, and
Tracy Watson yes. Vote approved 4-0.
Richard Valliancourt declared that an open meeting may have a detrimental effect on the bargaining
position of the Selectmen.
Note: Rosemary Smedile arrived at 6:05 PM
RECONVENE AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Valliancourt made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes
of June 18, 2012, as written. Vote approved 5-0.
COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT:
Free admission to North Andover’s favorite historical landmark the Parson Barnard House will be open on
Saturday, August 4, 2012 from 11:00 am – 3:00 pm.
Free Concerts on the Common have started on Sunday evenings from 6:00 – 8:00 pm
CONSENT ITEMS:
Appointments
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Town of North Andover
Board of Selectmen approves the appointment of Tracy Watson to the Audit Committee. Vote approved
4-0-1. Tracy Watson abstained.
Donald Stewart made a MOTION, seconded by Tracy Watson, that the Town of North Andover Board of
Selectmen approves the appointment of Wendy Wakeman to the Registrar of Voters. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by, to that the Town of North Andover Board of
Selectmen approves the appointment of Jill Barker, 181 High Street, to the Poet Laureate Committee.
Vote approved 5-0.
Conservation Restriction
This Restriction is being established under Conditions set forth in the Town of North Andover
Conservation Commission Wetlands Act issued under DEP File #242-1428 and DEP File #242-1407.
Town Counsel has reviewed the restriction and the language has been accepted. The premises
comprised of approximately 8.3 acres of land, contain unusual, unique or outstanding qualities the
protection of which in their predominately natural or open condition will be of benefit to the public. Priority
and Estimated Habitat for the Blanding’s Turtle, a state-protected species listed as Threatened pursuant
to the Massachusetts Endangered Species Act.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Town of North Andover
Board of Selectmen accept a conservation restriction on property on Berry and Turnpike Streets required
Board of Selectmen Minutes July 16, 2012 2
under an Order of Conditions issued under DEP File #242-1428 and DEP File #242-1407. Vote approved
5-0.
Saint Michael’s Parish Event on Town Common
Saint Michael’s Parish requests to hold an event on Town Common September 9, 2012, from 12:00 –
4:00 pm
Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Town of North Andover Board
of Selectmen approves the request of the Saint Michael’s parish to use the Town Common for a Parish
Mass and Picnic on September 9, 2012 from 12:00 pm to 4:00 pm. Vote approved 5-0.
Acceptance of Donation from Frank Coady to the Fire Department
Frank Coady of Coady’s Garage and Towing has generously agreed to donate a 2000 Ford Econoline
Bucket Truck for use by the North Andover Fire Department. This vehicle has been inspected and is in
good working order.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Town of North Andover
Board of Selectmen accepts a donation from Frank Coady of a 2000 Ford Econoline Bucket Truck with
mileage of 28,207. Vote approved 4-0-1. Rosemary Smedile abstained.
Request by Town Accountant for Budget Reallocation
MGL Chapter 44, Section 33B authorizes the Selectmen, with the additional approval of the Finance
Committee, to transfer funds at the end of a fiscal year between departments to offset deficits. The Town
Account recommended approval of such transfers.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen hereby
votes to approve the reallocation of certain funds appropriated by the 2012 Annual Town Meeting per the
provisions of MGL Chapter 44, Section 33B as recommended by the Town Accountant and listed on the
Budget Reallocation Request provided in the agenda packet. Vote approved 5-0.
Request from Jose Espinosa to host Car Show
Mr. Jose Espinosa requests to hold a car show at Mad Maggie’s Ice Cream, 1025 Osgood Street on
September 9, 2012 from 1:00 pm to 5:00 pm.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, the Board of Selectmen hereby votes
to approve the request of Jose Espinosa to host a car show at Mad Maggie’s Ice Cream, 1025 Osgood
Street, on September 9, 2012 from 1:00 pm to 5:00 pm contingent on approval from the Conservation
Commission. Vote approved 5-0.
First Right of Refusal, Affordable Unit Resale – 2 Units
CHAPA has notified the Town that the following affordable units are up for sale. CHAPA manages the
resale of affordable units at Kittredge Crossing and Maplewood Reserve. The two units for sale are 180,
Chickering Road, Unit 303C at Kittredge Crossing and 1305 Basswood Circle at Maplewood Reserve. It
is the recommendation that the Selectmen should not exercise their right of first refusal for the affordable
housing units.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, the Board of Selectmen hereby votes
not to exercise its first right of refusal as it relates to the following affordable housing units that are for
sale: 180, Chickering Road, Unit 303C at Kittredge Crossing and 1305 Basswood Circle at Maplewood
Reserve. Vote approved 5-0.
Proclaim July 21, 2012, as “Christopher Boshar Day” in North Andover
John Savastano is involved in a fund raiser for Chris Boshar who was paralyzed in an accident last year.
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A benefit will be held on July 21, 2012 and requested a proclamation declaring July 21 in his honor.
Chairman William Gordon read the proclamation and then entertained a motion.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, the Board of Selectmen hereby
votes to declare July 21, 2012 as Christopher Boshar Day in North Andover. Vote approved 5-0.
Board of Selectmen Minutes July 16, 2012 3
Request to Sign the State Primary Election Warrant
Town Clerk Joyce Bradshaw announced that the State Primary Election will be held on Thursday,
September 6, 2012 and requested that the Board sign the State Primary Election Warrant.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, the Board of Selectmen hereby votes
to accept the State Primary Election Warrant as amended by the Town Clerk included in the agenda
packet. Vote approved 5-0.
Town Manager’s 6 Month Performance Evaluation
The Board of Selectmen prepared individual evaluations and a consolidated performance evaluation was
prepared by the chairman. Town Manager Andrew Maylor was graded on personal development,
planning, being a team player, and conduct at meetings. The overall average score was 4.8
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, the Board of Selectmen hereby votes
to accept the Town Manager’s 6 month Performance Evaluation included in the agenda packet. Vote
approved 5-0.
LICENSING COMMISSIONERS:
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Licensing Chairman Rosemary Smedile entertained a Motion to open a public hearing.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to open a public hearing of the North
Andover Licensing Commission for the purpose of obtaining information regarding a possible Liquor
License violation by McCraken’s Liquors & Wines, Inc. 531 Chickering Road, North Andover. Vote
approved 5-0.
Licensing Chairman Rosemary Smedile read the notice sent to Andrew Buco, Manager of McCraken’s
Liquors & Wines.
Licensing Chairman Rosemary Smedile recognizes investigating Police Detective Daniel Cronin.
Detective Cronin gave a description of the incident that a male 18 years of age purchased liquor with a
fake out-of-state driver’s license. This incident was reported to police by a neighbor who witnessed the
male who she knew to be underage to purchase liquor. Detective Cronin and Lieutenant Gray met with
the license holder William Buco and advised him of the incident. Police and Mr. Buco scanned the out-of-
state New York fake license and the machine resulted in an error message.
The Board asked Detective Cronin questions regarding the false ID and the incident. The Detective
answered their questions relating to the incident. Detective Cronin stated that Mr. Buco has had no
violations since 2001. The false ID was very sophisticated and made in the Ukraine through a website
fake21.ph.
Licensing Chairman Rosemary Smedile asked Mr. Buco to make a statement regarding the incident and
the possible violation.
Mr. Buco stated that the store’s scanning machine was eleven years old and he has since purchased a
new machine at $4,000. He blamed the out-of-date scanning machine for not catching the fake license
and that he is cooperating with the police department to catch more fake ID’s.
The Board asked Mr. Buco several questions regarding the incident. Donald Stewart asked whether all
the employees were TIP Certified.
Town Manager Andrew Maylor asked Mr. Buco if he would guarantee that in the future every time there
was a questionable red X from the scanning machine that it would not result in a sale.
Mr. Buco guaranteed every time there was a questionable red X from the scanning machine that it would
not result in a sale.
Board of Selectmen Minutes July 16, 2012 4
Licensing Chairman Rosemary Smedile announced that the public hearing is closed. The Board was
asked to make a Motion whether a violation of the license did or did not occur.
Donald Stewart made a MOTION, seconded by Tracy Watson, to take NO ACTION. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by William Gordon, to move to close the meeting of the
North Andover Licensing Commission. Vote approved 5-0.
NEW BUSINESS:
FY13 Water and Sewer Rates
The Town Manager Andrew Maylor, Director of DPW Bruce Thibodeau and Budget Director Lyne Savage
recommended that the current water rates can remain unchanged for the fourth year in a row even
though these rates will not generate sufficient revenue to cover the budgeted expenditures of the fund.
However, the existing sewer rates must change in order to reduce the existing revenue deficit to a
manageable level.
It is recommended to set the water rates at $3.80 tier 1 and $5.50 tier 2 and same as last year. The
sewer rates would change to $5.95 tier 1 and $9.24 tier 2 which will represent a 2.87% increase. Using
this single rate, and calculating the average bill to residential users, the result is a $7.50 increase per
quarter.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, the Board of Selectmen hereby votes
to accept the recommendations of the DPW Director and the Town Manager to keep the Water rates and
fees unchanged for FY13 and to set the FY13 Sewer rate for tier 1 at $5.95 and tier 2 at $9.24. Vote
approved 5-0.
TOWN MANAGER’S REPORT:
Update Regarding Steven’s Estate Enterprise Fund
The Town Manager announced that the Stevens Estate would end the Fiscal Year 2012 with a surplus.
Job Posting/ Vacancy Log
Town Manager presented a report outlining the status of various recruitments that are ongoing or recently
completed.
Social Media
The Town hired a North Andover college student as an Intern of Social Media. The Town is now on
Twitter and Facebook and will be using these tools to improve communication.
RETURN TO EXECUTIVE SESSION:
Chairman William Gordon announced that the Board would be returning to Executive Session and that no
votes would be taken.
Richard Valliancourt made a MOTION, seconded by Tracy Watson, to enter into Executive Session per
MGL Chapter 30A § 21 (a) for the purpose of discussing strategy regarding a matter that is subject to
collective bargaining: Roll Call vote: William Gordon yes, Donald Stewart yes, Richard Vaillancourt, and
Tracy Watson yes. Vote approved 4-0.
ADJOURNMENT:
The Board returned to adjourn the meeting.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:18
p.m. Vote approved 5-0.
Adele J. Johnson
Administrative Secretary _______________________________
Richard Valliancourt, Clerk of the Board