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HomeMy WebLinkAbout2005-04-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 25, 2005 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Note: Mark Caggiano was absent. Donald Stewart made a MOTION, seconded by Thomas Licciardello, to take out of order Communications, Announcement, and Public Comment. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: The Solid Waste Advisory Committee sponsored an essay/poster contest to promote recycling in North Andover. Karen Klein of SWAC presented the winners with prizes. The Board of Selectmen presented the winners with Certificates of Accomplishment. The following were recipients: Emily Pangione, Brook Alexandra Sheridan, Elaina Repucci, Corissa Hollenbeck, Leland Goodman, Kaitlyn Dolan, Liam Rich, and Samantha Rodrigues. Director of Veterans Affairs Edward Mitchell recommended the appointment of Herbert I. Davidson to the position of Veterans Graves Officer. Vote approved 4-0. Donald Stewart made a MOTION, seconded by Thomas Licciardello, to accept a donation in the amount of$2,500 towards a nutrition program to the North Andover Council on Aging from Mr. Bill Thomson Sr. Vote approved 4-0. Ted Tripp of Boston Road asked additional questions regarding the bond interest relative to the Foster Farm School. The Town Manager said that the average interest rate is 1.85% over a 10-year period. The interest rate on earnings was at one point lower than 1%. It has climbed to 2% over the past two months and hopefully will rise even more in subsequent months. Rosemary Smedile announced that due to a lengthy agenda the Board would postpone Executive Session until the end of Open Session. CONSENT ITEMS: James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the request by Director of Veterans Services Edward Mitchell for a Memorial Day Parade and Ceremony on Monday, May 30, 2005. Vote approved 4-0. James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the request by Mrs. Finn to use town roads using a horse and buggy for transportation to St. Michael's Church for her daughter's wedding on Sunday, July 3, 2005. Vote approved 4-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses at the Stevens Estate. Vote approved 4-0. 1. Sullivan Birthday Party, Friday, April 29, 2005, 7:00 PM— 11:00 PM, Beer&Wine License. 2. Valente Birthday Party, Saturday, May 7, 2005, 6:00 PM — 10:00 PM, Beer&Wine License. 3. David Goldstein Comedy Theater, Murder Mystery Dinner, Saturday, May 14, 2005 from 7:00 PM 11:00 PM, Full Liquor Bar License. Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Licensing Public Hearing. Vote approved 4-0. Board of Selectmen Minutes April 25, 2005 2 LICENSING PUBLIC HEARINGS: James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the requests from Bertucci's Restaurant, 435 Andover Street, for change of manager to Miranda McNally. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the requests from Vuttichai Senabunyarithi, 1070 Osgood Street, for change of restaurant name from Chai Restaurant to Fusion Grille. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to close the Licensing Public Hearing. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 4-0. PUBLIC HEARINGS: James Xenakis made a MOTION, seconded by Donald Stewart, to open the Public Hearing for roadway acceptance. Vote approved 4-0. The Town Manager explained that in order to be accepted as pubic ways, two actions must take place. First the Board of Selectmen, after a public hearing, must vote to "lay out"the roadways and second, town meeting must vote to accept the road. Town acceptance gives the town extended miles of public ways; an important element in the funding formula for Chapter 90 money from the state. Article 30, Roadway Acquisition &Acceptance: Adams Avenue, Autran Avenue, Bunker Hill Street, Douglas Road, Glenwood Street, Martin Avenue, and Summit Street are private ways in which the Town secured funding from past warrant article to make miscellaneous improvements to bring the streets to an acceptable Town standard. The legal paperwork has been processed and the direct abutters and mortgage holders to all these roadways have been notified through a certified mailing regarding the taking procedure. David Cunningham, Christina Catalano and Marianne McElhinney of Bunker Hill Street opposed and questioned the taking of Bunker Hill Street and a resident opposed the taking of Concord Street. James Xenakis made a MOTION, seconded by Donald Stewart, and voted Favorable Action to accept and acquire the following roadways: Adams Avenue, Autran Avenue, Douglas Road, Glenwood Street, Martin Avenue, Summit Street, and to continue the hearing at the next scheduled meeting on May 2, 2005 pending further discussion with residents and Town Engineer Jack Sullivan on Bunker Hill Street and Concord Street. Vote approved 4-0. Article 31-34 Street Acceptance within the Forest View subdivision: Anvil Circle, Amberville Road, Garnet Circle and Palomino Drive are part of the Forest View subdivision located off of Route 114. The developer has made the majority of the corrective construction measures and DPW, Planning and Town Counsel reviewed the legal paperwork. The developer has stated that all facets of the street acceptance process would be completed prior to Town Meeting. James Xenakis made a MOTION, seconded by Thomas Licciardello, and voted Favorable Action to layout the following roadways: Anvil Circle, Amberville Road, Garnet Circle and Palomino Drive. Vote approved 4-0. Article 35, Street Acceptance— Willow Street(South Ent), Bayfield Drive and Flagship Drive: There has been no progress by the developer in completing the required corrective work associated with these roadways. Town departments offered unfavorable action. The Board of Selectmen took No Action. Board of Selectmen Minutes April 25, 2005 3 Article 36, Street Acceptance—Delucia Way: The DPW and Planning Department offered Favorable recommendation and all of the corrective roadway measures have been addressed and the legal paperwork has been submitted and reviewed by Town departments and Town Counsel. James Xenakis made a MOTION, seconded by Thomas Licciardello, and voted Favorable Action to accept Delucia Way. Vote approved 4-0. James Xenakis made a MOTION, seconded by Donald Stewart, to continue the Public Hearing on May 2, 2005. Vote approved 4-0. OLD BUSINESS: Preparation for May 9, 2005 Annual Town Meeting: Article 37: Transfer of a portion of Timber Lane to the Town of North Andover. The petitioner David Fournier is asking the transfer of the care, custody and control of a parcel of land, which is a cul-de-sac on Timber Lane, to the Board of Selectmen for purposes of selling or conveying the land and to authorize the Selectmen to sell or convey the land on terms and conditions they deem in the best interest of the town, even if the Town receives no financial payment. James Xenakis made a MOTION, seconded by Thomas Licciardello, and voted Favorable Action to transfer a portion of Timber Lane to the Town of North Andover. Vote approved 4-0. Article 4: Amend General Fund Appropriation, FY05. The Town Manager made his final recommendation to address the current snow and ice deficit and other budget shortfalls in FY05 budget. Vote approved 4-0. Article 8: FY06 General Fund Operating Budget: The Finance Committee has proposed a 3 percent cut to municipal departments so that the money can be shifted to the school department to prevent layoffs of 30 to 40 teachers. Municipal departments were already down to bare bones and with more cuts that will dramatically affect their ability to operate. The Town Manager prepared a budget reduction list for all municipal departments. The Board was asked to review the Town Manager's recommended budget reduction list and approve or modify. The Town Manager invited representatives from the various municipal departments to attend the meeting to answer any questions regarding the impact of what these cuts would have on their departments. Representatives from all departments spoke of what impact the cuts would make to their respective departments. These cuts would mean fewer police patrols on the streets and eliminate crossing guards, less training and overtime for firefighters, close the Youth Center; close the Recreation Department; the Board of Health would cut the public health nurse position, the Senior Center would loose two critical staff members, the library would be in jeopardy of participating in the inter-library loan program, the DPW would cut back on street sweeping, parks and fields maintenance, part-time positions and supplies. James Xenakis said that the Town Manager and the Board of Selectmen put together a budget that protects all town services to provide municipal necessities such as police, fire, public works and other important town services. This is a fair budget; yet bare bones to keep these departments running with level funding. Donald Stewart made a MOTION, seconded by James Xenakis, to support the Town's Manager's original budget, which was presented a month ago and has reallocated funds of$300,000 going to the school department. Vote approved 4-0. NEW BUSINESS: Capital Planning Committee This item was tabled until the next scheduled meeting on May 2, 2005. Board of Selectmen Minutes April 25, 2005 4 TOWN MANAGER'S REPORT: The Town Manager has appointed Cynthia Rostiac, currently the part-time assistant director at the Stevens Estate to be Acting Director on a full-time basis. This will be a temporary appointment while we continue to explore privatizing the facility. The Department of Public Works recently conducted a public meeting on Phase 1 of the Mosquito Brook Storm Water Management project. Due to budget freezes necessary to avoid carrying a snow and ice deficit into FY06, the Department of Public Works has had to cancel a contract for outside street sweeping services. This will require all the town roads to be swept with town owned equipment. This change in operations will extend street sweeping into July. At the last meeting a citizen request was made regarding the status of previously authorized borrowing for the design of the Foster Farm School. Director of Finance Linda Casey prepared a response to that request. In discussion with School Superintendent Harutunian, he informed the town manager that the expenditure of the remaining balance would be dependent upon the recommendations of the Capital Planning Committee. A committee of town employees, in partnership with the Merrimack Valley Planning Commission involved in different facets of mapping in town have been meeting under the chairmanship of Fire Chief Dolan to coordinate and improve our various Geographic Information Services (GIS) systems. The Board is invited to attend a training session on May 19, from 9:00 AM to 12:00 PM to learn more about this project. Note: There was a 5-minute recess EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss bargaining with union employees, bargaining with non-union employees, and real estate matters and would not be returning to Open Session. Vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes; James Xenakis yes; Thomas Licciardello, yes, and Rosemary Smedile yes. Vote approved 4-0. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 10:30 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board