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HomeMy WebLinkAbout2004-04-05 Board of Selectmen Minutes (2) BOARD OF SELECTMEN MINUTES APRIL 5, 2004 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the Steven's Memorial Library. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager and Thomas Urbelis, Town Counsel. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss Collective Bargaining. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: The Town Manager said that three new DPW trucks were on display outside the library: a street sweeper, dump truck and front-end loader. Chairman Wakeman congratulated Rosemary Smedile on winning re-election to the Board. Fire Chief William Dolan informed the Board of the flood-relief response of Fire Fighters, Department of Public Works and Emergency Management team, because of the heavy rains on April 1, 2004, there maybe state money available for damages to property and roads. OLD BUSINESS: Preparation for Annual Town Meeting. The Board made their recommendations of the warrant articles for the Annual Town Meeting. James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action. Vote approved 5-0. Article 1. Reports of Receipts, Expenditures and Special Committees. Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action. Vote approved 5-0. Article 2. Consent Article- Contracts in excess of 3 years, accept and grant easements. The Board did not make a recommendation at this time. Article 3. Amend General Fund Appropriation— Fiscal Year 2004. Article 4. Amend Capital Improvement Appropriation —Fiscal Year 2004. Article 5. Amend Water Enterprise Fund Appropriation— Fiscal Year 2004. Article 6. Amend Sewer Enterprise Fund Appropriation— Fiscal Year 2004. Article 7. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation Fiscal Year 2004. Article 8. Prior Year Unpaid Bills. Donald Stewart made a Motion, seconded by James Xenakis, to recommend Favorable Action. Vote approved 5-0. Article 9. Compensation of Elected Officials. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the recommendation by the Finance Committee and to recommend Favorable Action. Vote approved 5-0. Article 10. General Fund Appropriation Fiscal Year 2005. Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action. Vote approved 5-0. Article 11. Capital Improvement Plan Appropriation Fiscal Year 2005. Board of Selectmen Minutes April 5, 2004 2 The Board did not make a recommendation at this time. Article 12. Water Enterprise Fund Appropriation Fiscal Year 2005. Article 13. Sewer Enterprise Fund Appropriation Fiscal Year 2005. Article 14 Stevens Estate Enterprise Fund Appropriation Fiscal Year 2005. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. Vote approved 5-0. Article 15. Establishment of Revolving Funds. Mark Caggiano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. Vote approved 5-0. Article 16. Appropriation of Funds for Securing Veterans and Indigent Lots from Ridgewood Cemetery. The Board did not make a recommendation at this time. Article 17. Report and Recommendations of Community Preservation Committee. Article 18. Acquisition of Land —Community Preservation Committee Half Mile Hill Summit. Article 19. Acquisition of Land — Lake Front Property Great Pond Road Adjacent to Water Treatment Plant. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to recommend Unfavorable Action. Vote approved 5-0. Article 20. Amend Section 8.8—Adult Use Zone. Due to the length of the submitted Ercolini article, Town Counsel provided options of what parts to include in the Town Meeting Warrant. Rosemary Smedile made a MOTION of inserting a summary attachment "A" page 4 by Town Counsel, the host community agreement and reference that other options would be available to view at the Town Clerk's office. Mark Caggiano substituted a MOTION, seconded by James Xenakis, to include the entire article as submitted, excluding the Mintz Levin letter and references to the Town Charter. Vote approved 3-1-1. Rosemary Smedile opposed and Donald Stewart abstained. The Board did not make a recommendation at this time. Article 21. Proposed Trash Transfer Facility Agreement. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend Unfavorable Action. Vote approved 5-0. Article 22. Planning Board Study Land North of Route 125 and Sutton Street. The Board did not make a recommendation at this time. Article 23. Tax Increment Financing Plan — 1600 Osgood Street—Former Lucent. Donald Stewart made a MOTION, seconded by Mark Caggiano, to recommend Unfavorable Action. Vote approved 5-0. Article 24. Petition the General Court—Change the Name of North Andover. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action. Vote approved 5-0. Article 25. Establish Committee to Develop Revenue Fixed Expense Projections Annual Operating Budget. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action. Vote approved 5-0. Article 26. Amend Chapter 59—Code of North Andover— Budget Presentation. Mark Caggiano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. Vote approved 5-0. Article 27. Petition General Court—Amend Town Charter—Chapter 2 Section 2 Warrants. Donald Stewart made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action. Board of Selectmen Minutes April 5, 2004 3 Vote approved 5-0. Article 28. Petition General Court-Amend Town Charter 2 Section 4-Warrants. Mark Caggiano made a MOTION, seconded by James Xenakis, that one member of the Board of Health should be a physician of Massachusetts appointed by the Board of Selectmen. Vote failed 2-3. Rosemary Smedile, Donald Stewart, and Wendy Wakeman opposed. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action. Vote approved 4-1. Mark Caggiano opposed. Article 29. Petition General Court-Amend Town Charter- Board of Health Members-Ch. 7-8-1. James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action. Vote approved 5-0. Article 30. Accept Provision Chapter 137 S.1 Acts of 2003- Public Employees in Armed Services. Mark Caggiano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. Vote approved 5-0. Article 31. Accept Provisions MGL Chapter 41 Section 100B- Indemnify Police and Fire. Mark Caggiano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. After discussion he WITHDREW his MOTION. The Board did not make a recommendation at this time. Article 32. Amend Chapter 115 Section 5 of the Town Code Refuse Restricted Activity. The Board did not make a recommendation at this time. Article 33. Petition the Legislature-Amend Charter Chapter 2-Citizen Participation Mechanisms. Donald Stewart made a MOTION, seconded by James Xenakis, to recommend Favorable Action. Vote approved 5-0. Article 34. Amend Chapter 170- Underground Utilities-Section 3 Paragraph D. James Xenakis made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. Vote approved 5-0. Article 35. Petition General Court- Mass Electric Utility Easement-Drummond Playground. James Xenakis made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. Vote approved 5-0. Article 36. Petition General Court- Mass Electric and Comcast Utility Easement-Town Common Area. The Board did not make a recommendation at this time. Article 37. Accept a Plan for the Town of North Andover by David C. Rand and Others. Article 38. Amend Zoning Bylaw- Phased Development Section 4.2. Article 39. Amend Zoning Bylaw Delete Section 8.7-Growth Management. Article 40. Amend Zoning Bylaw Sections 4.122.14. Article 41. Amend Zoning Bylaw Sects 9,3,9,3A,93B-Special Permit in R4. Article 42. Amend Zoning Bylaw New Section 4.3 Section 4.3 Res Adaptive Re-Use Sp. Permit. Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Language. Article 44. Amend Zoning Bylaw-Add New Section Planned Commercial Development. Article 45. Amend Zoning Bylaw-Section 3 Zoning Districts-Amend Table 1 and 2. Article 46. Amend Zoning Map Parcels Fronting Waverley Road and Turnpike Street. Article 47. Amend Zoning Map Parcels Fronting Waverlev Road and Turnpike Street. Article 48. Amend Zoning Map 1060 Osgood Street Map 25 Parcel 29 from 12 to to B2. Article 49. Roadway Acquisition -Coachmans Ln., Concord St., Easy St., Highland View Ave., Morningside Ln., Russett Ln. Article 50. Roadway Acceptance- Foxwood Drive and Weyland Circle. Article 51. Roadway Acceptance-Avery Park Drive. Article 52. Roadway Acceptance-Stonewedge Circle. Article 53. Roadway Acceptance-Webster Woods Lane. Article 54. Acceptance of Fee Title-Layouts for Webster Woods, Avery Park, and Stonewedge. Board of Selectmen Minutes April 5, 2004 4 Article 55. Roadway Acceptance—Country Club Circle. Article 56. Roadway Acceptance— Delucia Way. Chestnut Green Parking. Attorney Peter Shaheen representing the Chestnut Green owners requested use of a portion of a right of way for parking purposes to alleviate a chronic lack of space around their buildings. Should the Board decide to allow this, a Chapter 30B process to lease or sell the property would have to be commenced. Dr. Frank Coppola, who has an office at Chestnut Green, said that the parking shortage has increased and there is a real need for additional parking. Fire Chief William Dolan said that there is a public safety issue here. At least once or twice a day an ambulance is needed at this site. Edward Hamel of 591 Turnpike Street, Craig Burns of 234 Hillside Road, and Rand Beaudoin of 224 Hillside Road opposed the plan for additional parking spaces. They said that there was plenty of parking spaces for the two original buildings built in 1984. The parking problem arose after the third building was built. There is a shortage of about 300 hundred parking spaces. Plenty of land was available at the time, but the developers neglected to purchase the additional land for parking. Neighbors also said that the developers destroyed 20 years of vegetation growth and took down buffer wall zone in front of their houses. James Xenakis made a MOTION, seconded by Rosemary Smedile, to start a thirty-day process for an RFP on how best to utilize the land for landowners and explore the offering to the Town. Vote approved 4-1. Donald Stewart opposed. Old Center Undergrounding Project. Town Manager Mark Rees gave a report on the status of this project. Last minute changes were made to keep a dozen metal utility boxes, some as large as 4'x 6"from dotting the green. Neighbors of the common including the North Andover Historical Society, Center Realty Trust and private citizen, Robert D. Stevens have offered to put the utility boxes on their own property instead. The boxes are necessary to contain moisture-sensitive switching equipment and transformers that must remain above ground. Comcast agreed this week to redesign its plans within six weeks to place its equipment off the green. The quick turnaround is critical so workers can finish burying the wires before the state begins major roadway improvements in the Old Town Center. Massachusetts Electric has already begun changing its designs to keep the equipment off the common. CONSENT ITEMS: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the request by Katie McGillivray of the Merrimack Valley Striders to hold the annual 4 h of July road race from 7:00 AM — 11:00 AM. Vote approved 5-0. Donald Stewart made a MOTION, seconded by James Xenakis, to approve the request by North Andover High Girls Varsity Lacrosse Team to hold a fundraiser car wash at the Youth Center Parking lot on Sunday, April 25th from 12:00 noon —3:00 PM. Vote approved 5-0. LICENSING COMMISSIONERS: Mark Caggiano made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses. Vote approved 5-0. Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses. Comedy Theatre, Saturday, April 17, 2004, 6:45 PM— 10:45 PM, full bar license. MVCC Mixer, Joseph Bevilaqua, Tuesday, April 20, 2004, 5:00 PM—7:00 PM, full bar license. Mandeville Wedding Reception, Saturday. April 24, 2004, 5:30 PM — 10:30 PM, full bar license. City Solicitors &Town Counsel Assc., James Lampke, Wednesday, April 28, 2004, 6:00 PM- 9:00 PM, full bar license. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following one-day license. Vote approved 5-0. Board of Selectmen Minutes April 5, 2004 5 Gina Arnano, Wind Rush Farm Therapeutic Equitation Inc., requests a one-day license. Farm Day/Community Barn Party, Saturday, May 1, 2004, 7:00 PM— 10:00 PM, wine & malt beverages. Wendy Wakeman made a MOTION, seconded by James Xenakis, to move out of Licensing. Vote approved 5-0. Bond Authorization: $6.6 million refinancing. As approved at the Board of Selectmen February 14, 2004 meeting, the Town has refinanced $6.45 million of general obligation bonds dated January 15, 1997 and maturing on January 2008 through 2016. The net interest cost on the refinanced 1997 debt fell from 5.5%to 3.32%. The net present value savings of the refunding is $164,580. The members of the Board signed the Bonds and related closing documents. Moody's and Standard & Poors have upgraded the Town's bond rating as a result of the credit review prior to this refunding. S&P upgraded our A rating from stable to positive outlook and Moody's upgraded our outstanding rating from A2 to Al, reflecting the belief that the Town's financial position has strengthened and will likely further improve. NEW BUSINESS: Restoration of Lottery Funds. The Massachusetts Municipal Association is asking municipalities in Massachusetts to join in their campaign to request the state to begin the process of reducing the diversion of lottery funds for non-local government purposes. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to join in the campaign of restoration of Lottery Funds as requested by the Massachusetts Municipal Association. Vote approved 5-0. Mission Statement. On April 8, 2004, Town division and department directors will participate in one of two training sessions on setting objectives for FY05. The Town Manager asked the Board to adopt his proposed Mission Statement. TOWN MANAGER'S REPORT: The Department of Public Works has begun the process of cutting over the pump system to improve water pressure to the Sutton Hill area of the Town. Notices have been distributed to affected residents explaining that this will be a gradual process that will commence on April 5, 2004 and continue through May 28, 2004. Construction will commence on the final phase of the installation on sewers in the water shed. This portion of the project, costing $697,000 will extend sewers to portions of Salem Street, Johnson Street, Appleton Street and Anne Road. Construction will begin on Monday, May 5, 2004, that will necessitate the imposition of detours on Town roads. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:20PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board