Bos Meeting Minutes for May 17, 2010-1

8/7/2019 Bos Meeting Minutes for May 17, 2010-1

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MEETING MINUTES

FOR MAY 17, 2010

A regular meeting of the Board of Selectmen was held on Monday, May 17, 2010in the Conway Hearing Room at 7:00 PM. Present were Selectman Michael Rosa,

Chairman, Selectman Marc Lombardo, Vice Chairman, Selectman Andrew Deslaurier,Secretary, Selectman Robert Correnti, Member, Selectman Robert Accomando, Memberand Town Manager John Curran.

CALL TO ORDER

OPEN MICROPHONE

There was no one present who wished to speak at Open Microphone.

ANNOUNCEMENTS

VACANCIES ON BOARDS AND COMMITTEES

Secretary Andrew Deslaurier stated the following Boards and Committees havevacancies:

Board of Selectmen Appointments:Arts Council 4Board of Appeal 1 regular, 1 alternateCommunication Committee 4Commission on Disability 2Conservation Commission 2Constables (for the Town) 3Council on Aging (plus alternates) 2Elderly and Disabled Taxation Fund Committee 3Fence Viewer 1Historic Districts Commission 1 regular, 1 alternate


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BOARD OF SELECTMEN MEETING MINUTESMAY 17, 2010

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Historical Commission 3Open Space & Recreation Committee 5Scholarship Foundation Committee 4

Traffic Management Committee 3(Center, North, Nutting Lake/South)

Water Conservation Oversight Committee 1Water/Sewer Oversight Board 1Cabot Land Re-Use Committee (13 members to be appointed by

Various Board & Committees)

Town Manager Appointments:Beautification Committee 3Cemetery Commission 1Board of Health 2

Family First Night 15Housing Partnership Committee 2Public Library Board of Trustees 3Recreation Commission 3Recycling Committee SeveralSewer Extension Committee 1

Town Moderator Appointments:Central Fire Station Re-Use Committee 3Composting Study Committee 9Finance Committee 3 regular, 1 alternate

Personnel Board 1Town Meeting Warrant Action Committee 3

Selectman Robert Correnti stated the deadline for applications has passed, thus we will bevoting at our next meeting for the applications that we have already received.

Secretary Andrew Deslaurier further stated the Town Moderator is accepting applicationsfor a member on the Parker School Building Committee. This term would expire on June30, 2013. Applications may be obtained at the Town Hall in the Board of SelectmensOffice and the Towns website www.town.billerica.ma.us. Applicants must have someknowledge of Municipal Government. Applications must be submitted on or before May

28, 2010.

COUNCIL ON AGING ACTIVITIES

Secretary Andrew Deslaurier stated the Billerica Senior Center is located at 25 ConcordRoad and their hours are 8:30 AM until 4:00 PM, Monday thru Friday. They have manyactivities scheduled for the month of May and for more information on these activitiescall 978-671-0916 or go to their website www.billericacoa.org.


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TOWN OF BILLERICA MERCURY RECOVERY PROGRAM

Secretary Andrew Deslaurier stated residents and contractors can bring mercurythermostats to the Town Hall, Board of Health, Room G03, Monday through Friday,from 9:00 AM until 3:00 PM. This is a program sponsored by Wheelabrator of NorthAndover.

MERRIMACK VALLEY LEAD PAINT REMOVAL PROGRAM

Secretary Andrew Deslaurier stated the Merrimack Valley Housing Partnership issponsoring the Merrimack Valley Lead Paint Removal Program. Funds are availablefor Lead Paint Removal in Billerica. You can receive financial and technicalassistance for removing lead paint. Both owner-occupied and investor properties are

eligible. Single family homes may receive up to $20,000 per unit. Multi-familyhomes may receive up to $16,000 per unit. All projects will result in a letter of FullDe-leading Compliance. This grant is geared towards low-income families withchildren under six years of age. You do not need to pay back any grant funds. Formore information call Ryan DeMoura at 978-446-7200, extension 1440 or visitwww.Lowellma.gov/lead for guidelines.

SPRING YARD-WASTE COLLECTION

Secretary Andrew Deslaurier stated Spring Yard-Waste Collection began the week ofApril 26 and will end on Friday, May 28, 2010. Collection is Monday through Friday,

based on the former trash collection schedule. A map of yard-waste collection areasand days is available on-line at www.billericadpw.org or call the DPW at 978-436-9178 for more information. Yard waste can be placed in biodegradable yard-wastebags or trash barrels that are labeled for yard waste. Stickers are available at the DPWAdministration Office (Room G-11) in the Town Hall. Yard waste in plastic bags willnot be collected.

BILLERICA RECYCLING CONTEST

Secretary Andrew Deslaurier stated the Billerica Recycling Contest is now acceptingnominations for the on-going Recycling Contest. Prizes will be awarded to qualifiedwinners on a regular basis. All prizes have been donated. For more information seethe DPW website at www.billericadpq.org or contact Recycling Coordinator, MaryDelahanty at 978-671-1337.


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AMERICAN CANCER SOCIETY RELAY FOR LIFE

CELEBRATION 25 YEARS OF HOPE

Secretary Andrew Deslaurier stated Billericas Relay for Life will be held at theLampson Recreation Complex on June 12th and 13th, 2010. For more details pleasecontact Sara Tietila at 978-987-6038. Two Billerica High School students are holdinga yard sale in front on the Billerica Town Hall to raise money for the Relay for Life onMay 22, 2010. Further information will be forthcoming.

MINUTES

APRIL 26, 2010 (REGULAR MEETING)

Selectman Robert Correnti, seconded by Selectman Robert Accomando, made a motionto approve the April 26, 2010 Regular Meeting Minutes as submitted.

It was voted: 5 In Favor0 Opposed

MAY 3, 2010 (REGULAR MEETING)

Selectman Robert Correnti, seconded by Selectman Robert Accomando, made a motionto approve the May 3, 2010 Regular Meeting Minutes as submitted.


MAY 22, 2010 (SPECIAL MEETING)

Selectman Robert Correnti, seconded by Selectman Robert Accomando, made a motionto approve the May 22, 2010 Special Meeting Minutes as submitted.



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OLD BUSINESS

TOWN MANAGER REPORTS

BUSINESS DEVELOPMENT CONFERENCE

Town Manager John Curran stated the Town is hosting an EconomicDevelopment Conference to encourage regional economic development. Thisconference will cover Route 3 branding, infrastructure improvements and recentsuccesses, including Pharmalucense. This conference will be held at the BillericaMarriott on June 1st, 2010 from 7:30 AM to 9:30 AM.

PARKER SCHOOL PROJECT

Town Manager John Curran stated several members of the Building Committeewill be providing an informal update to the Planning Board at their meeting ofJune 14, 2010.

UNION CONTRACTS

Town Manager John Curran stated as soon as Town Meeting has adjourned, I willbegin setting up meetings with the Bargaining Units.

CAPITAL PLAN

Town Manager John Curran stated in an effort to address the concerns raised bythe Chairman, as well as to ensure open communications for Capital Planningpurposes, I will be establishing a Managers Committee to keep all interestedparties up-to-date on Capital Planning and ultimately to keep the Capital Plan up-to-date. This committee shall consist of one Selectman, one School Committeemember, one Finance Committee member, the Superintendent of Schools, theSuperintendent of Public Works and the Town Manager. It is likely that I mayemploy this same strategy for Information Technology as well as other purposes.


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MASS DEVELOPMENT FINANCE AGENCY REVENUE BOND

FOR PHARMALUCENSE, INC.

Town Manager John Curran stated this Board needs to take a final vote tonight oncertification. This was acted upon at Town Meeting, but the actual certification of theproject needs to be approved by the Board of Selectmen and the appropriate act should beto approve the resolution authorizing official action from Mass Development Tax ExemptRecovery Zone Facility Bond.

Selectman Marc Lombardo, seconded by Selectman Robert Correnti, made a motion thatthe Board approve the resolution authorizing official action from Mass Development TaxExempt Recovery Zone Facility Bond.


ADJUSTED FEES FOR FY11 APPLIANCE RECYCLERS

Chairman Michael Rosa stated DPW Director Abdul Alkhatib was not able to be heretonight. Just to remind everybody, this was when they were going to adjust the fees onsome of the trash pick-up. Some of the Board had concerns about things that residentswere never previously charged for now being charged for. Some items that we werecharged for are going up slightly. This Board sent DPW Director Alkhatib back tonegotiate with the hauler and he did a really good job. He got eliminated all of the

increases except for the large CRTs (32 inches). They still have to charge $30 for these,there was no getting away from that. Also the push lawn mowers and gas grills will nowhave a $10 charge whereas they used to be free (a disposal charge). Everything else willremain the same as before.

The following prices to be in effect July 1, 2010 through June 30, 2011

Changes shown in RED, and described in BLUE

Item: Price per Item

White Goods with Freon (for example refrigerators or air conditioners) $12No Change

White Goods without Freon (for example washers or dryers) or large wall

mounted microwave ovens

$10

No ChangeSmaller electronics including: CRTs or flat monitors 12 or less, laptops,VCRs, DVD players, counter top microwave ovens

$5No Change

Medium CRTs, televisions and other monitors with screens 13- 24measured on the diagonal. Pickup of CRT includes CPU, keyboard, mouseand desktop printer. Previously included up to 26 screen size.

$10No Change

Large CRTs, televisions and other monitors with 25 31 screen orgreater measured on the diagonal. Pickup of CRT includes CPU, keyboard,mouse and desktop printer. Previously included 27 and greater screen size.

$20No Change


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Very Large CRTs, televisions and other monitors with 32 screen or greatermeasured on the diagonal. Pickup of CRT includes CPU, keyboard, mouseand desktop printer. New Category for FY-2011.

$30New Category

Tires ( Automobile, SUV or pickup truck) $5 No Change

Other large metal items: furnaces, boilers, radiators, wood stoves, metalstorage sheds, metal bulkheads, snow blowers, ride-on lawn mowers, metalbathtubs, treadmills, garage door openers, etc.

$10No Change

Push lawn mowers and Gas Grills $10Was $0

Table saws, metal shelves, and metal file cabinets. No ChargeNo Change

Selectman Marc Lombardo, seconded by Selectman Robert Correnti, made a motion thatthe Board approve these fees as proposed.

Selectman Robert Correnti stated just a reminder that these fees must be put in the

Boards Policies and Procedures.

Chairman Michael Rosa stated we actually cannot vote this tonight because of ourPolicies and Procedures. We can put it on next meetings agenda to vote on.

Selectman Marc Lombardo stated I withdraw my motion.

The Board commended DPW Director Abdul Alkhatib for doing an excellent jobnegotiating these fees.

NEW BUSINESS

BOND ANTICIPATION NOTE

Treasurer/Collector John Clark came to the podium and stated I am here tonight to askthe Board to vote to approve the issuance of a Bond Anticipation Note (BAN) not-to-exceed $10,703,000 for the following Municipal purposes:

Billerica, MA Issues for May 2010

Bond Anticipation Notes Rollover Bond Anticipation Notes New Money

Sewer $2,000,000 Sewer $1,000,000Schools $750,000 Schools $803,000Town $250,000 Parker School $5,900,000

$3,000,000 $7,703,000

Total Ban Amount: $10,703,000


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Selectman Robert Correnti stated just for clarification purposes, Bond Anticipation Notesare temporary borrowing and the Town goes out to bid on these.

Brief discussions ensued.

Town Manager John Curran stated the Town just recently had their Bond Ratingreviewed and it was reaffirmed with a AA rating. There was no slippage in our rating.

Secretary Andrew Deslaurier stated I, the Clerk of the Board of Selectmen of the Town ofBillerica, Massachusetts, certify that at our meeting of the Board held May 17, 2010 ofwhich meeting all members of the Board were duly notified and which a quorum waspresent, the following vote was unanimously passed, all of which will appear on theofficial record of the Board in my custody. The Bond Anticipation Notes presented bythe Town Treasurer on this date were authorized.

Selectman Robert Correnti so moved the motion, to which Selectman Robert Accomandoseconded the motion.


BLOSSOM DRIVE BLOCK PARTY, SATURDAY, JUNE 26, AND

SATURDAY, AUGUST 7, 2010

Secretary Andrew Deslaurier stated this Board has received a letter from DonnaMcDonnell, a resident of Blossom Drive, who is requesting permission on behalf of theneighborhood to block off Blossom Drive the Saturday, June 26, 2010 and Saturday,August 7, 2010 for summer block parties from 12:00 Noon until 6:00 PM.


Selectman Marc Lombardo, seconded by Selectman Robert Correnti, made a motion thatthe Board grant permission to Donna McDonnell and the Blossom Drive neighborhood toblock off Blossom Drive on Saturday, June 26, 2010 and Saturday, August 7, 2010 forsummer block parties from 12:00 Noon until 6:00 PM. This is contingent upon approvalof the Safety Officer.



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CAPITAL FUNDS FOR BATV

Town Manager John Curran stated the Board of Selectmen received a memorandum fromKevin Conway, the Chairman of the Cable Advisory Committee, stating the CableAdvisory Committee voted five in favor and one opposed regarding recommending thatthe Board of Selectmen disperse $350,000 of the guaranteed Capital Funding, that wasapproved by the Board of Selectmen during the ascertainment, in seven equalinstallments of $50,000 in years one through seven inclusive. This is roughly half of theCapital Funding that the Town will receive over the life of the contract. I dont see anyproblem with this. The only issue is whether the Board wants to do it on an annual basisor do it all at once.


Selectman Robert Correnti, seconded by Selectman Marc Lombardo, made a motion thatthe Board approve the disbursement of $350,000 of guaranteed Capital Funding in sevenequal installments of $50,000 in years one through seven to Billerica Access Television.This will be effective July 1, 2010.



EPA (ENVIRONMENTAL PROTECTION AGENCY), RE: IRON

HORSE PARK SUPERFUND SITE

Town Manager John Curran stated this is an informal presentation about the next phaseof the remediation at the superfund site. To date they have capped the Shafer Landfilland the lagoons and they have selected and designed a remedy for the remaining areas ofconcern. This last phase involves selecting and designing a remedy for the groundwaterand sediment contaminants on the site. This will require a local Public Hearing to solicitcomments on the selected remedy. The EPA (Environmental Protection Agency) isplanning on conducting this hearing in June 2010.

Ms. Stacy Greendlinger, an EPA Community Involvement Coordinator and Mr. DonMcElroy, an EPA Project Manager, came to the podium and proceeded to give the Boarda very detailed and informative update/presentation of the Iron Horse Park SuperfundSite. This presentation is on file in the Board of Selectmens Office.


The Board thanked Ms. Greendlinger and Mr. McElroy for their presentation.


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PUBLIC HEARINGS

NORTH END RESTAURANT ASSOC. LLC D/B/A GVANNISNORTH END RISTORANTE, 279 BOSTON ROAD, RE: SHOW

CAUSE HEARING FOR THE RESTAURANT ALL ALCOHOLIC

LICENSE

Selectman Marc Lombardo, seconded by Selectman Robert Correnti, made a motion toopen the Public Hearing.


Chairman Michael Rosa stated this is a Show Cause Hearing that is intended to providethe license holder, North End Restaurant Assoc, LLC, d/b/a GVannis North EndRistorante located at 279 Boston Road, an opportunity to make a case as to why theBoard of Selectmen should allow them to retain their All Alcoholic License. Wereceived a letter from them stating that they would no longer be using it at 279 BostonRoad. We voted to accept that letter and the next step would be to have this Show CauseHearing. Is there anybody from GVannis here tonight?

Chairman Michael Rosa stated let the record show that no one from GVannis showedup for this Show Cause Public Hearing tonight.

Chairman Michael Rosa further stated is there anyone in the audience who would like tospeak regarding this issue. There was no one.

Town Manager John Curran stated for the record, the petitioner was notified by CertifiedMail regarding this Public Hearing tonight.

Selectman Robert Accomando stated I will be abstaining from voting on this issue due toConflict of Interest issues.

Selectman Marc Lombardo, seconded by Selectman Robert Correnti, made a motion thatthe Board close the Public Hearing.

It was voted: 4 In Favor0 Opposed1 Abstained (Selectman Accomando)


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Selectman Robert Correnti stated the following findings:

The Billerica Board of Selectmen finds that North End Restaurant Associates, LLC d/b/a

GVannis North End Ristorante is the holder of a Restaurant All Alcoholic License forthe premises located at 279 Boston Road, Billerica, MA 01821.

This motion was seconded by Selectman Marc Lombardo.


The Billerica Board of Selectmen finds it is in receipt of a letter dated April 5, 2010 fromJeffrey Karll of Northend Restaurant Associates, LLC., (marked as Exhibit 1) stating

all rights to the space known as 279 Boston Road, Unit 2, Billerica, MA arerelinquished back to the owner, Oarie Realty, LLC, as of the signing of thisagreement and said letter further states, the locks to all entryways will be changedand Oarie Realty will immediately market the space as available and ready to beleased and said letter was accepted by the Billerica Board of Selectmen at its meetingof April 26, 2010. Relevant pages of the April 26, 2010 Meeting are marked as Exhibit 2.



1 Abstained (Selectman Accomando)

The Billerica Board of Selectmen finds that it received a letter sent via fax on April 29,2010 stating documents regarding real property and lease there of signed by me,Jeffrey B. Karll, are null and void. Said letter is marked as Exhibit 3.



The Billerica Board of Selectmen finds on May 6, 2010 a Certified Letter was sent toJeffrey Karll (marked as Exhibit 4) notifying Mr. Karll of a show cause public hearing tobe held May 17, 2010 at 7:30 PM regarding the Restaurant All Alcoholic License andsaid letter was received.



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The Billerica Board of Selectmen finds that a public hearing was held on May 17, 2010in the Thomas Conway Hearing Room and that Mr. Jeffrey Karll was not present and notrepresented.



The Billerica Board of Selectmen finds that the unrefuted facts, records and documentsindicate the Restaurant All Alcoholic License issued to Northend Restaurant Associates,LLC d/b/a GVannis North End Ristorante at the premises of 279 Boston Road,Billerica, MA is no longer in operation and said license is hereby immediately revokedand cancelled in accordance with M.G.L. Chapter 138, Section 77. A copy of thesefindings is to be sent to Northend Restaurant Associates, LLC d/b/a GVannis North EndRistorante, the Billerica Chief of Police, and the Alcohol Beverage Control Commissionof the Commonwealth of Massachusetts.



MEETING SCHEDULE

June 7 and 28, 2010 and May 18 and 20 at 6:00 PM prior to Town Meeting, if necessary.

Selectman Marc Lombardo, seconded by Selectman Robert Accomando, made a motionto adjourn at 8:02 PM.


A TRUE COPY ATTEST

______________________________Susan Michelini, Recording Secretary

Documents

Bos Meeting Minutes for May 17, 2010-1