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HomeMy WebLinkAbout2013-06-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 24, 2013 CALL TO ORDER: Chairman William Gordon called the meeting to order at 6:30 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 and Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION Richard Vaillancourt made a MOTION, seconded by Donald Stewart, to enter into Executive Session for the purpose of strategy session for contract negotiations and, collective bargaining sessions declaring that an open meeting may have a detrimental effect on the Boards position. Roll Call Vote: Donald Stewart yes, Rosemary Connelly Smedile yes, Tracy Watson yes, Richard Vaillancourt yes, and William Gordon yes. Vote approved 5-0. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of June 10, 2013 and Executive Session Minutes of June 10, 2013 as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Swearing-In Ceremony—Firefighters Andres Mencia and Jeff Deschenes Firefighters Mencia and Deschenes have successfully completed their one-year probationary period and were sworn in as permanent firefighters. Recognition of Stevens Estate at the Merrimack Valley Chamber of Commerce `Small Business Recognition Day' At a ceremony on Friday, June 14th, the Stevens Estate was recognized at the Merrimack Valley Chamber of Commerce `Small Business Recognition Day'. The Stevens Estate was one of two businesses recognized in the Cultural/Tourism category. Family Movies under the Tent at the Stevens Estate on Mondays during the summer The Stevens Memorial Library announced that Family Movies will be held under the Tent at the Stevens Estate on Mondays from July 8th—August 19th at 7:00 p.m. Open House at Parson Barnard House There will be an open house and walking tours at the Parson Barnard House on July 6, 2013 from 11 a.m.-3 p.m. Stevens Pond is opening on June 24, 2013 and passes are available at the Pond. Automobile Stickers for the Cyr Cycling Center can be placed on the passenger side windshield. CONSENT ITEMS: Ratification of Collective Bargaining Agreement between the Town and AFSCME Local 2978 (Clerical Group) for the period July 1, 2013—June 2016 The agreement has been formally ratified by the Union and the Board was requested to ratify the agreement. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen ratify the collective bargaining agreement between the Town of North Andover and AFSCME local 2978 (Clerical Group) for the period July 1, 2013—June 30, 2016. Vote approved 5-0. Board of Selectmen Minutes June 24, 2013 2 Ratification of Collective Bargaining Agreement between the Town and AFSCME Local 2978 (Professional Librarians Group) for the period July 1, 2013—June 2016 The agreement has been formally ratified by the Union and the Board was requested to ratify the agreement. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen ratify the collective bargaining agreement between the Town of North Andover and AFSCME local 2978 (Professional Librarians Group) for the period July 1, 2013—June 30, 2016. Vote approved 5-0. Municipal Purpose Loan of 2013 Bonds— Unibank David Eisenthal, the Town's financial advisor, attended the meeting for questions and answers concerning the Loan of 2013 Bonds. VOTE OF THE BOARD OF SELECTMEN 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 June 24, 2013, 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 in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund the Town's (i) $6,899,000 General Obligation Municipal Purpose Loan of 2003 Bonds dated June 15, 2003 maturing on June 15 in the years 2014 through 2018 (inclusive), in the aggregate principal amount of$1,180,000; (ii) $7,500,000 General Obligation Bonds, Series B, dated July 1, 2005 maturing on August 15 in the years 2014 through 2024 (inclusive), in the aggregate principal amount of$2,570,000; and (iii) $3,000,000 General Obligation Bonds dated October 1, 2005 maturing on October 1 in the years 2014 through 2025 (inclusive), in the aggregate principal amount of$1,800,000 (collectively, the "Refunded Bonds") and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds and costs of issuance of the refunding bonds. Further Voted: that the sale of the $2,866,199 General Obligation Municipal Purpose Loan of 2013 Bonds, Series A, of the Town dated June 27, 2013 (the "Series A Bonds"), to Roosevelt& Cross, Inc., at the price of$2,993,675.44 and accrued interest, if any, is hereby approved and confirmed. The Series A Bonds shall be payable on June 1 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 2014 $511,199 3.00% 2019 $100,000 2.00% 2015 510,000 3.00 2020 100,000 2.00 2016 490,000 3.00 2021 100,000 2.00 2017 480,000 3.00 2022 100,000 2.00 2018 475,000 3.00 Further Voted: that the sale of the $4,210,000 General Obligation Refunding Bonds, Series B, of the Town dated July 9, 2013 (the "Series B Bonds," and collectively with the Series A Bonds, the "Bonds"), to Roosevelt &Cross, Inc., at the price of$4,411,427.08 and accrued interest, if any, is hereby approved and confirmed. The Series B 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 2014 $480,000 2.00% 2020 $355,000 3.00% 2015 475,000 2.00 2021 340,000 3.00 2016 370,000 2.00 2022 330,000 3.00 2017 365,000 3.00 2023 325,000 3.00 2018 360,000 3.00 2024 320,000 3.00 2019 355,000 3.00 2025 135,000 3.00 Board of Selectmen Minutes June 24, 2013 3 Further Voted: to approve the sale of a $359,500 0.55 percent General Obligation Bond Anticipation Note of the Town dated June 27, 2013, and payable June 27, 2014 (the "Note"), to Century Bank at par and accrued interest, if any. 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 June 4, 2013, and a final Official Statement dated June 13, 2013 (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 Series B 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 and Notes. 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 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 and Notes were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. Dated: June 24, 2013 IeWaW lfl Vail1 ycoawt Clerk of the Board of Selectmen Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve the above and signed all documents related to the borrowing on the 2013 loan for Bonds. Vote approved 5-0. Request from Andria Huskinson on behalf of the `Electric Run'to Play Music until 12:00 midnight on September 21, 2013 The Electric Run is hosting a nighttime running race at Osgood Landing (1600 Osgood Street) the evening of September 21, 2013. The organization is requesting permission to play music at the event until 12:00 midnight. The relevant Town Departments recommended approval. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of Andria Huskinson on behalf of the `Electric Run'to play music until 12:00 midnight at 1600 Osgood Street on September 21, 2013. Vote approved 5-0. Board of Selectmen Minutes June 24, 2013 4 St. Michael Parish requests the use of the Town Common for a Mass and Family Picnic on September 8, 2013 from 12:00 p.m. to 4:00 p.m. St, Michael Parish requested to use Town Common for a Mass and family picnic on September 8, 2013 from 12:00 p.m. to 4:00 p.m. All relevant Town Departments recommend approval. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approves the request of St. Michael Parish to use the Town Common for a Mass and family picnic on September 8, 2013 from 12:00 p.m. to 4:00 p.m. Vote approved 5-0. Rescind from Surplus Equipment—Fire Department Utility Trailer Previously, upon request from the Fire Chief, the Board approved to surplus the Fire Department utility trailer. The Fire Chief is asking the Board to rescind their previous vote as he has identified several viable options to use the utility trailer. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen rescinds its previous vote to surplus the Fire Department utility trailer. Vote approved 5-0. Comcast Renewal License Matthew Killen, IT Director and the Cable Television Advisory Committee have successfully concluded and approved a renewal package for the Board's consideration. They recommend renewal of the cable television license for Comcast, Inc. The Board is requested to vote and sign two documents in the new contract. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the amendment to the current cable television license with Comcast, Inc. and accept a one-time payment for $90,000. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approves a ten-year non-exclusive license to Comcast, Inc. to operate cable television service within North Andover with a 10% discount of basic cable charges for eligible seniors. Vote approved 5-0. Fire Chief Contract Extension The Fire Chief's three year contract expired on June 6, 2013. It is recommended the Board approve a new three-year contract for the period of June 7, 2013 through June 6, 2016. Richard Vaillancourt made a MOTION, seconded by Tracy Watson that the Board of Selectmen approves a new three-year contract for Fire Chief Andrew Melnikas for the period of June 7, 2013 through June 6, 2016. Vote approved 5-0. Board of Selectmen Appointments to Various Boards and Commissions The Appointment Sub-Committee has reviewed members for re-appointment which will expire on June 30, 2013, to the Town's various boards and commissions and has selectively interviewed a number of them. They are recommending that the Board vote to approve the reappointments that will expire on June 30, 2013. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen approves the appointments to various Boards and Commissions, as presented, effective July 1, 2013. Vote approved 5-0. First Term Committee Name Last Name Term Expires Affordable Housing Trust Stephen L. Bernard 2 yrs 6/30/2015 Affordable Housing Trust Roger B. Lawson,Jr. 2 yrs 6/30/2015 Affordable Housing Trust Andrew W. Maylor 2 yrs 6/30/2015 Affordable Housing Trust Joan Fitzgibbons 2 yrs 6/30/2015 Audit Committee Robert Ercolini 1 yr 6/30/2014 Audit Committee Vidya Lyer 1 yr 6/30/2014 Audit Committee Karin Rhoton 1 yr 6/30/2014 Audit Committee Tracy M. Watson 1 yr 6/30/2014 Cable TV Advisory Comm Arthur S. Fundeklian 3 yrs 6/30/2016 Community Access& Media Stephen L. D'Onofrio 3 yrs 6/30/2016 Board of Selectmen Minutes June 24, 2013 5 Community Preservation Bradford Wakeman 3 yrs 6/30/2016 Conservation Commission Joseph Lynch 3 yrs 6/30/2016 Conservation Commission John Mabon 3 yrs 6/30/2016 Conservation Commission Douglas Saal 3 yrs 6/30/2016 Constable Ronald Bertheim 3 yrs 6/30/2016 Council on Aging William P. Callahan 3 yrs 6/30/2016 Council on Aging Priscilla Cole 3 yrs 6/30/2016 Council on Aging Elizabeth A. Poirier 3 yrs 6/30/2016 Council on Aging Margaret V Shaheen 3 yrs 6/30/2016 Cultural Council Linda Ann MacDonald 3 yrs 6/30/2016 Cultural Council Jennifer RecklettTassi 3 yrs 6/30/2016 Disability Issues Commission Terry J. Brown 3 yrs 6/30/2016 Emergency Magmt Agency Jeffrey J. Coco 1 yr 6/30/2014 Emergency Magmt Agency Frank Dushame 1 yr 6/30/2014 Emergency Magmt Agency Paul Gallagher 1 yr 6/30/2014 Emergency Magmt Agency Neil Hamel 1 yr 6/30/2014 Emergency Magmt Agency William P. Hastings 1 yr 6/30/2014 Emergency Magmt Agency Carl Langlois 1 yr 6/30/2014 Emergency Magmt Agency Connor Lincoln 1 yr 6/30/2014 Emergency Magmt Agency Timothy McDonald 1 yr 6/30/2014 Emergency Magmt Agency Andrew W. Melnikas 1 yr 6/30/2014 Emergency Magmt Agency John P. Savastano 1 yr 6/30/2014 Emergency Magmt Agency Robert Scanlon 1 yr 6/30/2014 Emergency Magmt Agency Steven Tessler 1 yr 6/30/2014 Festival Committee Sharon Coco 1 yr 6/30/2014 Festival Committee Jeffrey J. Coco 1 yr 6/30/2014 Festival Committee William Dolan 1 yr 6/30/2014 Festival Committee James Fazio 1 yr 6/30/2014 Festival Committee E.J. Foulds 1 yr 6/30/2014 Festival Committee Neil Hamel 1 yr 6/30/2014 Festival Committee Joan Heafy 1 yr 6/30/2014 Festival Committee Gen Koenig 1 yr 6/30/2014 Festival Committee Connor Lincoln 1 yr 6/30/2014 Festival Committee Jenn McLean 1 yr 6/30/2014 Festival Committee William Murphy 1 yr 6/30/2014 Festival Committee Dorothy Nolin 1 yr 6/30/2014 Festival Committee Pristene Pazzanesse 1 yr 6/30/2014 Festival Committee Philip Pelletier 1 yr 6/30/2014 Festival Committee Martha Salisbury 1 yr 6/30/2014 Festival Committee Mike Wilson 1 yr 6/30/2014 Historical Commission Anne Ericson 3 yrs 6/30/2016 Historical Commission Charles Gangi 3 yrs 6/30/2016 Neighborhood Cons. Dist Philip Pelletier 3 yrs 6/30/2016 Neighborhood Cons. Dist Lauretta Wentworth 3 yrs 6/30/2016 Old Center Historic Dist Comm David M. Mermelstein 3 yrs 6/30/2016 Old Center Historic Dist Comm Leslie M. Frazier 3 yrs 6/30/2016 Old Center Historic Dist Comm Kathleen Szyska 3 yrs 6/30/2016 Poet Laureate Committee Blair Woodman 3 yrs 6/30/2016 Registrar of Voters, Board of Carrie Crouch 3 yrs 6/30/2016 Stevens Estate, Bd of Trustees Robert S. Warren 3 yrs 6/30/2016 Stevens Estate, Bd of Trustees Kevin J. Willoe 3 yrs 6/30/2016 Sustainability Committee Susan Almono 3 yrs 6/30/2016 Board of Selectmen Minutes June 24, 2013 6 Sustainability Committee Craig Sheeler 3 yrs 6/30/2016 Windrush Farms Steering Thomas Coppa 1 yr 6/30/2014 Windrush Farms Steering Jennifer Hughes 1 yr 6/30/2014 Windrush Farms Steering John Mabon 1 yr 6/30/2014 Windrush Farms Steering Rosemary Smedile 1 yr 6/30/2014 Youth & Recreation Council Justin Benincasa 3 yrs 6/30/2016 Youth & Recreation Council Thomas Cieslewski 3 yrs 6/30/2016 Youth & Recreation Council William Gillen 3 yrs 6/30/2016 Zoning Board of Appeals D. Paul Koch,Jr. 3 yrs 6/30/2016 Zoning Board of Appeals Ellen P. McIntyre 3 yrs 6/30/2016 Zoning Board of Appeals Douglas Ludgin 3 yrs 6/30/2016 Affordable Unit Resale— 180 Chickering Road, Unit 209A (Kittredge Crossing) The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing unit at 180 Chickering Road, Unit 209C (Kittredge Crossing) is up for sale. It is recommended the Board not exercise its right of first refusal. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 180 Chickering Road, Unit 209C (Kittredge Crossing). Vote approved 5-0. Acceptance of Donation ($4,000) from Cafua Management to the Police Department to purchase police bicycles Cafua Management has made a $4,000 donation to the Police Department to purchase police bicycles. The donation will pay to replace the Department's ten-year old police bicycles. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accepts the donation from Cafua Management in the amount of$4,000 to the Police Department to purchase police bicycles. Vote approved 5-0. Remote Participation for Town Boards and Committees At their last meeting on June 10, 2013, the Board had directed the Town Manager to make modification to the Remote Participation Policy submitted by the School Committee. The Board reviewed the Town Manager's modifications to the policy and agreed to adopt the policy as rewritten. This policy would be in place for all Town Boards and Committees and will be reviewed at various times during the year. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen approve the policy for`Remote Participation for Town Boards and Committees' as authorized by MGL c4, §7. Vote approved 5-0. LICENSING COMMISSIONERS: Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Michael Smolak of Smolak Farms requests seven (7) One-Day Wine & Malt Licenses for the Whim Dinner Series from 6:00 p.m. to 10:00 p.m. on the following dates: June 26, July 10, July 17, July 24, July 31, August 7, and August 14, 2013. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen, acting as Licensing Commissioners, approves seven (7) One-Day Wine & Malt Licenses for the Whim Dinner Series from 6:00 p.m. to 10:00 p.m. on the following dates: June 26, July 10, July 17, July 24, July 31, August 7, and August 14, 2013. Vote approved 5-0. Michael Smolak of Smolak Farms requests ten (10) One-Day Wine & Malt Licenses for Weddings from 4:00 p.m. to 10:00 p.m. on the following dates: June 29, July 6, July 13, July 20, July 27, August 3, August 10, August 16, August 24, and October 19, 2013. Board of Selectmen Minutes June 24, 2013 7 Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approves ten (10) One-Day Wine & Malt Licenses for Weddings from 4:00 p.m. to 10:00 p.m. on the following dates: June 29, July 6, July 13, July 20, July 27, August 3, August 10, August 16, August 24, and October 19, 2013. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. NEW BUSINESS: Safe Routes to School Infrastructure Program— Preliminary Assessment The Massachusetts Department of Transportation provided the Town with a preliminary assessment for the safe routes to school infrastructure program. The Board was asked to review the assessment and possibly in September or October have parents and the public attend a meeting and give their input. The Board would be asked to decide whether to support the improvements and this would then be submitted to the state. Draft Mobile Food Vendor Rules and Regulations The Town Manager provided that Board with a draft for rules and regulations governing `Takeout Food Served by Mobile Food Vendors'. The Board was asked to review the draft document and give their input to the Town Manager. This document would be brought back to their meeting on July 15, 2013 and the public is invited to attend. PUBLIC COMMENT: Nadine Levin of 195 Amberville Road, North Andover owner of Cup Cake Pipe Dreams Mobile was present and was very interested in the Rules and Regulations for Mobile Food Vendors and would cooperate with Town Officials. Ted Tripp of 262 Boston Street, North Andover spoke as a member of the Patriotic Observance Committee about setting up a sub-committee for the Veterans Housing Task Force. This sub-committee would like to raise funds for Veterans in need. The Board of Selectmen suggested that Mr. Tripp meet with Town Finance Director and Town Manager to work out a solution and possibly setting up a non-profit agency for the veterans. This would give them more flexibility to raise funds outside the limits of the Town government. Stan Limpert and Andrew McDermit member of the School Committee thanked the Board for the support and approval for the Remote Participation policy. TOWN MANAGER'S REPORT: Town Manager's Re-Appointments The Town Manager Andrew Maylor has reviewed members for re-appointment which will expire on June 30, 2013, to the Town's various boards and commissions and has selectively interviewed a number of them. He is recommending the reappointments the following: First Term Committee Name Last Name Term Expires Board of Assessors David J. Minicucci 1 yr 6/30/2014 Board of Assessors George Barker 1 yr 6/30/2014 Board of Assessors Bryan Perry 1 yr 6/30/2014 Board of Health Joseph McCarthy 3 yrs 6/30/2016 MacMillan, Board of Health Francis Jr. 3 yrs 6/30/2016 Planning Board David Kellogg 3 yrs 6/30/2016 Planning Board - Associate Lynne Rudnicki 3 yrs 6/30/2016 Recycling Tonnage The Town Manager provided a graft for recyclables, solid waste and total tonnage from 2010-2013. Board of Selectmen Minutes June 24, 2013 8 BOARD RE-ORGANIZATION Tracy Watson made a MOTION, seconded by Donald Stewart, to nominate Rosemary Connelly Smedile as the Chairman of the Board. Vote approved 5-0. Rosemary Connelly Smedile made a MOTION, seconded by Richard Vaillancourt, to nominate Tracy Watson as the Licensing Chairman. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Connelly Smedile, to nominate Richard Vaillancourt as the Clerk of the Board. Vote approved 5-0. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:15 p.m. Vote approved 5-0. Adele J. Johnson Executive Assistant Richard Vaillancourt, Clerk of the Board