MEETING MINUTES

FOR MAY 17, 2010

A regular meeting of the Board of Selectmen was held on Monday, May 17, 2010
in 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, Member
and 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 have
vacancies:

Board of Selectmen Appointments:

Arts Council 4
Board of Appeal 1 regular, 1 alternate
Communication Committee 4
Commission on Disability 2
Conservation Commission 2
Constables (for the Town) 3
Council on Aging (plus alternates) 2
Elderly and Disabled Taxation Fund Committee 3
Fence Viewer 1
Historic Districts Commission 1 regular, 1 alternate
BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

Historical Commission 3
Open Space & Recreation Committee 5
Scholarship Foundation Committee 4
Traffic Management Committee 3
(Center, North, Nutting Lake/South)
Water Conservation Oversight Committee 1
Water/Sewer Oversight Board 1
Cabot Land Re-Use Committee (13 members to be appointed by
Various Board & Committees)

Town Manager Appointments:

Beautification Committee 3
Cemetery Commission 1
Board of Health 2
Family First Night 15
Housing Partnership Committee 2
Public Library Board of Trustees 3
Recreation Commission 3
Recycling Committee Several
Sewer Extension Committee 1

Town Moderator Appointments:

Central Fire Station Re-Use Committee 3
Composting Study Committee 9
Finance Committee 3 regular, 1 alternate
Personnel Board 1
Town Meeting Warrant Action Committee 3

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

Secretary Andrew Deslaurier further stated the Town Moderator is accepting applications
for a member on the Parker School Building Committee. This term would expire on June
30, 2013. Applications may be obtained at the Town Hall in the Board of Selectmen’s
Office and the Town’s website www.town.billerica.ma.us. Applicants must have some
knowledge 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 Concord
Road and their hours are 8:30 AM until 4:00 PM, Monday thru Friday. They have many
activities scheduled for the month of May and for more information on these activities
call 978-671-0916 or go to their website www.billericacoa.org.

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

TOWN OF BILLERICA MERCURY RECOVERY PROGRAM

Secretary Andrew Deslaurier stated residents and contractors can bring mercury
thermostats 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 North
Andover.

MERRIMACK VALLEY LEAD PAINT REMOVAL PROGRAM

Secretary Andrew Deslaurier stated the Merrimack Valley Housing Partnership is

sponsoring the Merrimack Valley Lead Paint Removal Program. Funds are available
for Lead Paint Removal in Billerica. You can receive financial and technical
assistance for removing lead paint. Both owner-occupied and investor properties are
eligible. Single family homes may receive up to $20,000 per unit. Multi-family
homes may receive up to $16,000 per unit. All projects will result in a letter of Full
De-leading Compliance. This grant is geared towards low-income families with
children under six years of age. You do not need to pay back any grant funds. For
more information call Ryan DeMoura at 978-446-7200, extension 1440 or visit
www.Lowellma.gov/lead for guidelines.

SPRING YARD-WASTE COLLECTION

Secretary Andrew Deslaurier stated Spring Yard-Waste Collection began the week of
April 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 areas
and 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-waste
bags or trash barrels that are labeled for yard waste. Stickers are available at the DPW
Administration Office (Room G-11) in the Town Hall. Yard waste in plastic bags will
not be collected.

BILLERICA RECYCLING CONTEST

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

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

AMERICAN CANCER SOCIETY RELAY FOR LIFE

CELEBRATION 25 YEARS OF HOPE

Secretary Andrew Deslaurier stated Billerica’s Relay for Life will be held at the
Lampson Recreation Complex on June 12th and 13th, 2010. For more details please
contact Sara Tietila at 978-987-6038. Two Billerica High School students are holding
a yard sale in front on the Billerica Town Hall to raise money for the Relay for Life on
May 22, 2010. Further information will be forthcoming.

MINUTES

APRIL 26, 2010 (REGULAR MEETING)

Selectman Robert Correnti, seconded by Selectman Robert Accomando, made a motion

to approve the April 26, 2010 Regular Meeting Minutes as submitted.

It was voted: 5 – In Favor

0 – Opposed

MAY 3, 2010 (REGULAR MEETING)

Selectman Robert Correnti, seconded by Selectman Robert Accomando, made a motion

to approve the May 3, 2010 Regular Meeting Minutes as submitted.

It was voted: 5 – In Favor

0 – Opposed

MAY 22, 2010 (SPECIAL MEETING)

Selectman Robert Correnti, seconded by Selectman Robert Accomando, made a motion

to approve the May 22, 2010 Special Meeting Minutes as submitted.

It was voted: 5 – In Favor

0 – Opposed

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

OLD BUSINESS

TOWN MANAGER REPORTS

BUSINESS DEVELOPMENT CONFERENCE

Town Manager John Curran stated the Town is hosting an Economic

Development Conference to encourage regional economic development. This
conference will cover Route 3 branding, infrastructure improvements and recent
successes, including Pharmalucense. This conference will be held at the Billerica
Marriott 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 Committee
will be providing an informal update to the Planning Board at their meeting of
June 14, 2010.

UNION CONTRACTS

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

CAPITAL PLAN

Town Manager John Curran stated in an effort to address the concerns raised by
the Chairman, as well as to ensure open communications for Capital Planning
purposes, I will be establishing a Manager’s Committee to keep all interested
parties 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 Committee
member, one Finance Committee member, the Superintendent of Schools, the
Superintendent of Public Works and the Town Manager. It is likely that I may
employ this same strategy for Information Technology as well as other purposes.

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

MASS DEVELOPMENT FINANCE AGENCY REVENUE BOND

FOR PHARMALUCENSE, INC.

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

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

It was voted: 5 – In Favor

0 – Opposed

ADJUSTED FEES FOR FY’11 – APPLIANCE RECYCLERS

Chairman Michael Rosa stated DPW Director Abdul Alkhatib was not able to be here
tonight. Just to remind everybody, this was when they were going to adjust the fees on
some of the trash pick-up. Some of the Board had concerns about things that residents
were never previously charged for now being charged for. Some items that we were
charged for are going up slightly. This Board sent DPW Director Alkhatib back to
negotiate with the hauler and he did a really good job. He got eliminated all of the
increases except for the large CRT’s (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 now
have a $10 charge whereas they used to be free (a disposal charge). Everything else will
remain 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) $12
No Change
White Goods without Freon (for example washers or dryers) or large wall $10
mounted microwave ovens No Change
Smaller electronics including: CRTs or flat monitors 12” or less, laptops, $5
VCRs, DVD players, counter top microwave ovens No Change
Medium CRTs, televisions and other monitors with screens 13”- 24” $10
measured on the diagonal. Pickup of CRT includes CPU, keyboard, mouse No Change
and desktop printer. Previously included up to 26” screen size.
Large CRTs, televisions and other monitors with 25” – 31” screen or $20
greater measured on the diagonal. Pickup of CRT includes CPU, keyboard, No Change
mouse and desktop printer. Previously included 27” and greater screen size.

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

Very Large CRTs, televisions and other monitors with 32” screen or greater $30
measured on the diagonal. Pickup of CRT includes CPU, keyboard, mouse New Category
and desktop printer. New Category for FY-2011.
Tires ( Automobile, SUV or pickup truck) $5 No Change
Other large metal items: furnaces, boilers, radiators, wood stoves, metal $10
storage sheds, metal bulkheads, snow blowers, ride-on lawn mowers, metal No Change
bathtubs, treadmills, garage door openers, etc.
Push lawn mowers and Gas Grills $10
Was $0
Table saws, metal shelves, and metal file cabinets. No Charge
No Change

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

Selectman Robert Correnti stated just a reminder that these fees must be put in the
Board’s Policies and Procedures.

Chairman Michael Rosa stated we actually cannot vote this tonight because of our
Policies and Procedures. We can put it on next meeting’s agenda to vote on.

Selectman Marc Lombardo stated I withdraw my motion.

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

NEW BUSINESS

BOND ANTICIPATION NOTE

Treasurer/Collector John Clark came to the podium and stated I am here tonight to ask
the 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 $1,000,000

Schools $750,000 Schools $803,000
Town $250,000 Parker School $5,900,000
$3,000,000 $7,703,000

Total Ban Amount: $10,703,000

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

Selectman Robert Correnti stated just for clarification purposes, Bond Anticipation Notes
are 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 Rating
reviewed 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 of
Billerica, Massachusetts, certify that at our meeting of the Board held May 17, 2010 of
which meeting all members of the Board were duly notified and which a quorum was
present, the following vote was unanimously passed, all of which will appear on the
official record of the Board in my custody. The Bond Anticipation Notes presented by
the Town Treasurer on this date were authorized.

Selectman Robert Correnti so moved the motion, to which Selectman Robert Accomando
seconded the motion.

It was voted: 5 – In Favor

0 – Opposed

BLOSSOM DRIVE BLOCK PARTY, SATURDAY, JUNE 26, AND

SATURDAY, AUGUST 7, 2010

Secretary Andrew Deslaurier stated this Board has received a letter from Donna
McDonnell, a resident of Blossom Drive, who is requesting permission on behalf of the
neighborhood 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.

Brief discussions ensued.

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

It was voted: 5 – In Favor

0 – Opposed

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

CAPITAL FUNDS FOR BATV

Town Manager John Curran stated the Board of Selectmen received a memorandum from
Kevin Conway, the Chairman of the Cable Advisory Committee, stating the Cable
Advisory Committee voted five in favor and one opposed regarding recommending that
the Board of Selectmen disperse $350,000 of the guaranteed Capital Funding, that was
approved by the Board of Selectmen during the ascertainment, in seven equal
installments of $50,000 in years one through seven inclusive. This is roughly half of the
Capital Funding that the Town will receive over the life of the contract. I don’t see any
problem with this. The only issue is whether the Board wants to do it on an annual basis
or do it all at once.

Brief discussions ensued.

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

Brief discussions ensued.

It was voted: 5 – In Favor

0 – Opposed

EPA (ENVIRONMENTAL PROTECTION AGENCY), RE: IRON

HORSE PARK SUPERFUND SITE

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

Ms. Stacy Greendlinger, an EPA Community Involvement Coordinator and Mr. Don
McElroy, an EPA Project Manager, came to the podium and proceeded to give the Board
a very detailed and informative update/presentation of the Iron Horse Park Superfund
Site. This presentation is on file in the Board of Selectmen’s Office.

Brief discussions ensued.

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

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

PUBLIC HEARINGS

NORTH END RESTAURANT ASSOC. LLC D/B/A G’VANNI’S

NORTH 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 to

open the Public Hearing.

It was voted: 5 – In Favor

0 – Opposed

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

Chairman Michael Rosa stated let the record show that no one from G’Vanni’s showed
up for this Show Cause Public Hearing tonight.

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

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

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

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

It was voted: 4 – In Favor

0 – Opposed
1 – Abstained (Selectman Accomando)

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

Selectman Robert Correnti stated the following findings:

The Billerica Board of Selectmen finds that North End Restaurant Associates, LLC d/b/a
G’Vanni’s North End Ristorante is the holder of a Restaurant All Alcoholic License for
the premises located at 279 Boston Road, Billerica, MA 01821.

This motion was seconded by Selectman Marc Lombardo.

It was voted: 4 – In Favor

0 – Opposed
1 – Abstained (Selectman Accomando)

The Billerica Board of Selectmen finds it is in receipt of a letter dated April 5, 2010 from
Jeffrey 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 are
relinquished back to the owner, Oarie Realty, LLC, as of the signing of this
agreement…” and said letter further states, “…the locks to all entryways will be changed
and Oarie Realty will immediately market the space as available and ready to be
leased…” and said letter was accepted by the Billerica Board of Selectmen at its meeting
of April 26, 2010. Relevant pages of the April 26, 2010 Meeting are marked as Exhibit 2.

This motion was seconded by Selectman Marc Lombardo.

It was voted: 4 – In Favor

0 – Opposed
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.

This motion was seconded by Selectman Marc Lombardo.

It was voted: 4 – In Favor

0 – Opposed
1 – Abstained (Selectman Accomando)

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

This motion was seconded by Selectman Marc Lombardo.

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BOARD OF SELECTMEN MEETING MINUTES
MAY 17, 2010

It was voted: 4 – In Favor

0 – Opposed
1 – Abstained (Selectman Accomando)

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

This motion was seconded by Selectman Marc Lombardo.

It was voted: 4 – In Favor

0 – Opposed
1 – Abstained (Selectman Accomando)

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

This motion was seconded by Selectman Marc Lombardo.

It was voted: 4 – In Favor

0 – Opposed
1 – Abstained (Selectman Accomando)

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 motion

to adjourn at 8:02 PM.

It was voted: 5 – In Favor

0 – Opposed

A TRUE COPY ATTEST

______________________________
Susan Michelini, Recording Secretary

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