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Home My WebLink About2005-08-08 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 8, 2005 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 6:10 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Donald B. Stewart; Mark J.T. Caggiano; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Note: James Xenakis was absent COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Sgt. Michael Dunn Memorial Mr. David Rand requested that a memorial be established to honor Sgt. Michael Dunn, a Vietnam veteran who gave his life and service to his country. Director of Veterans Services Ed Mitchell and the Dunn family are working together to find a suitable location for the memorial. Mr. Mitchell suggested one of the Foster Farm Soccer Fields and all parties agree. Mark Caggiano made a MOTION, seconded by Donald Stewart, designating Foster Farm Soccer Field to use as a memorial to Vietnam veteran Sgt. Michael Dunn. Vote approved 4-0. Appointments The Board of Selectmen's sub-committee has recommended the following list of appointments to the Boards and Committees. Cable TV Committee Thomas D. Ippolito two years Community Preservation Committee Stephen A. Sakakeeny two years Stevens Estate, Board of Trustees Kevin Willoe two years Capital Planning Committee Cindy Jalbert N/A Capital Planning Committee Barbara Whidden N/A Capital Planning Committee Peter Bensen N/A Capital Planning Committee Michael Foster N/A Capital Planning Committee Joe Silveria N/A Housing Partnership Committee Raymond A. O'Brien N/A Wetlands Protection By-Law Review Com. Ray Broadhead N/A Wetlands Protection By-Law Review Com. Jim Lafond N/A Zoning Task Force Ben Osgood N/A Zoning Board of Appeals Associate David Braese three years Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the recommended appointments by the Selectmen's sub-committee. Vote approved 4-0. The Town Manager has recommended the following person to the Planning Board. Planning Board Jack Green three years Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the Town Manager's recommended appointment. Vote approved 4-0. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Donald Stewart, approved the minutes of Open Session July 11, 2005, as Amended and Open Session July 25, 2005 as written. Vote approved 4-0. Board of Selectmen Minutes August 8, 2005 2 CONSENT ITEMS: Donald Stewart made a MOTION, seconded by Thomas Licciardello, to approve the request by Carol Bradstreet, Director of Special Events Cystic Fibrosis Foundation to hold Great Strides A Walk to Cure Cystic Fibrosis at the Town Common on Saturday, May 20, 2006, from 9:00 AM to 2:30 PM. Vote approved 4-0. OLD BUSINESS: Zoning Board of Appeals Fees Ellen McIntyre Chairman of the Zoning Board of Appeals was present and presented a revised fee schedule to the Board. The Zoning Board of Appeals Fees Sub-committee did extensive research and a regional comparison before proposing the recommended fees. These fees would be entered into the General Fund to offset the cost of a full time Assistant position. Ms. McIntyre explained that the Town of North Andover charged very little or nothing at all for permits while other towns charge considerable amounts. After a discussion of each of the recommended potential fees, the Board set the fees as follows: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Residential Variance, Special Permit at $150. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Special Permit Family Suite at$150. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to se the fee for Appeal of an Official's Decision at $100. Vote approved 3-1. Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Special Permit Renewal at $100. Vote approved 3-1. Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Request Modification/6-Month Variance Extension at $100. Vote approved 3-1. Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Finding at$100. Vote approved 3-1. Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Commercial— Variance, Special Permit at $300. Vote failed 2-2. Rosemary Smedile and Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Commercial— Variance Special Permit at$250. Vote approved 3-1. Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for Sub-Division of Lots (per lot) at $300. Vote approved 3-1. Donald Stewart opposed. Mark Caggiano made a MOTION, seconded by Donald Stewart, to set the fee for Additional Family Units (per unit) at $150. Vote failed 2-2. Mark Caggiano and Donald Stewart opposed. Rosemary Smedile passed the gavel to Mark Caggiano for the next Motion. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to set the fee for Additional Family Units (per unit) at$250. Vote approved 2-0-1. Mark Caggiano Nay, Donald Stewart abstained. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for 40B/40R at $1,000. per application plus $500 per unit. Vote failed 2-2. Rosemary Smedile and Donald Stewart opposed. Board of Selectmen Minutes August 8, 2005 3 Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the fee for 40B/40R at $2,500 per application plus $500 per unit. Vote approved 2-1-1. Rosemary Smedile Nay, Donald Stewart abstained. Mark Caggiano made a MOTION, seconded by Donald Stewart, to set the dates for these rates to go into effect starting on September 1, 2005, except for 40B/40R the effective date would start immediately as of August 8, 2005. Vote approved 4-0. NEW BUSINESS: The Town Manager explained a conflict of interest concerning Attorney Mark Bobrowski as counsel to the Board of Selectmen for the 1600 Osgood Street project and to represent the ZBA on a 40B application. A possible solution is for the Board of Selectmen to designate him as "special municipal employee" and to make a finding that his representing a client who is suing the town, does not create a conflict of interest. Attorney Mark Bobrowski is the best Land Use Lawyer and wrote the book on Zoning. North Andover is fortunate to be able to acquire his services through the process of these upcoming major projects. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to designate Attorney Mark Bobrowski, of Blatman, Bobrowski & Mead, LLC, Concord, Massachusetts, as "special municipal counsel" with regard to the following particular matters: 1. Preparation of(i) a zoning by-law pursuant to G.L. c 40R and (ii) a development agreement for the proposed 1600 Osgood Commerce Center," under the direction of the Board of Selectmen and the Town Manager; and 2. Legal counsel to the Zoning Board of Appeals with regard to the comprehensive permit application called "Merrimac Condominiums" at Berry Street. Two separate letters of designation shall be prepared. Vote approved 3-1. Donald Stewart opposed. Financial Indicators Finance Director Linda Casey prepared a report providing information on the town's financial condition through the use of key financial indicators the town can focus on potential problem areas as well as begin making financial projections. The presentation focused on trends in Revenues per Capita, Inter-governmental Revenue (State Aid), Elastic Operating Revenues, Property Tax Revenue, Uncollected Property Taxes, and Revenue Surplus/Shortfall, vs. Net Operating Expenditures, Municipal Expenditures, School Expenditures, Employee Benefits Expenditures, Debt Service Expenditures, and Unreserved Fund Balance. Each section was marked Favorable, Marginal, Unfavorable, and Uncertain. Also presented were the Town's Budget Model from 2002 to 2006 and the Budget to Actual Comparison. The Town Manager recommended that a working group be established consisting of members of the Finance Committee, Board of Selectmen and School Committee to review the financial indicators report and to use them in making projections for FY07 and beyond. The Town Manager would also work on a five-year projection and forecast. Transportation Projects Director of Public Works William Hmurciak and Planning Director Lincoln Daley provided updated information on the status of various short and long term transportation projects. Topics included the Old Center Reconstruction Project, the Merrimack Valley Regional Transportation Improvement Program, the Route 1-495 Corridor Study and the Route 114 Corridor Traffic Study. Board of Selectmen Minutes August 8, 2005 4 TOWN MANAGER'S REPORT: The Town Manager received a report from Mass Highway Department regarding the posting of specific speed limit signs on Massachusetts Avenue in North Andover. There is a non-approved 25-mile per hour signage in both directions 0.25 miles prior to Great Pond Road along with a "strictly enforced"tab. This is a violation of the relevant provisions of Chapter 90, Section 18 of the MGL. Mass Highway asked the Board of Selectmen to remove the signing within a two-week period from the date of this notification and to avoid the needless assumption of mandated liabilities described in Chapter 85, Section MGL. Lt. Governor Kerry Healey has invited municipal leaders to a briefing on Health Care Reform for municipal workers. The Briefing is being held at Lowell City Hall, 375 Merrimack Street, Council Chambers, Lowell, MA, on Friday, August 12, 2005 from 11:30 to 12:30 PM. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:10 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board