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