HomeMy WebLinkAbout2005-10-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 18, 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; Mark J.T. Caggiano; Thomas Licciardello; Mark Rees, Town Manager.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Recognition & Certificates of Appreciation
The Board of Selectmen presented Certificates of Appreciation to Adam Cunha of Groveland and Steven
Kfoury of Lawrence for their actions on September 17, 2005 at a house fire on Salem Street. Their
immediate response in alerting and assisting the residents decreased the threat to life safety and allowed
fire personnel to respond quickly and limited the fire damage to the structure.
The Board of Selectmen recognized a new Businesses and presented a Certificates of Appreciation to
Arthur Kotsironis of Arthur's Corner Pizzeria, 1090 Osgood Street.
Poet Laureate Committee
At a previous meeting the Board authorized the creation of a committee to name annually a Town Poet
Laureate. The following person has been appointed on the selection committee: Barbara Herber.
Mark Caggiano made a MOTION, seconded by James Xenakis, to appoint Barbara Herber to the Poet
Laureate Committee. Vote approved 5-0.
Community Preservation Association
The CPA was honored with an award for Leadership, Innovation and Pioneering for Open Space
Protection from the House of Representatives Community Preservation Coalition on October 5, 2005.
EXECUTIVE SESSION:
James Xenakis made a MOTION, seconded by Mark Caggiano, to move into Executive Session to
discuss Collective Bargaining. Vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald
Stewart yes; James Xenakis yes; Mark Caggiano yes; Thomas Licciardello, yes, and Rosemary Smedile
yes. Vote approved 5-0.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the minutes of October 3,
2005, Open Session as written and Executive Session as Amended. Vote approved 5-0.
CONSENT ITEMS:
James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the request from Jamie
Doucett of the Cambridge Sports Union Rollerski Race on Sunday, November 13, 2005.
Vote approved 5-0.
LICENSING COMMISSIONERS:
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote
approved 5-0.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the following one-day
licenses at Merrimack College. Vote approved 5-0.
Board of Selectmen Minutes October 18, 2005 2
1. Merrimack College requests one-day Beer and Wine License for Family Homecoming Weekend,
Saturday, October 22, 2005 from 11:00 AM to 4:00 PM
2. Merrimack College request one-day Beer and Wine License on October 28, 2005, to be held at
the Blue Line Club at the Volpe Complex from 9:00 to 11:00 PM for a Post-Game Reception.
James Xenakis made a MOTION, seconded by Mark Caggiano, to move out of Licensing.
Vote approved 5-0.
OLD BUSINESS:
Right of First Refusal
John Simons, Chair of the CPA, has informed the Town Manager that his committee is actively exploring
the town acquiring Chapter 61A property at 605 Osgood Street and therefore request that the Selectmen
keep open the town's right of first refusal for the maximum time allowable (120 days by statute).
Update on 1600 Osgood Street (former Lucent Facility).
Selectman Licciardello gave an update of dates for submission and approval for the 40R to town meeting.
October 19th, 12:00 noon; working group meeting; October 27th, 6:30 PM "All Boards" meeting to
review/approve 40R language; October 28th, Wording finalized on 40R language, first publication of notice
of public hearing on 40R to be held on November 14, 2005; November 4th, second newspaper notice of
public hearing on 40R; November 7th Selectmen vote to place 40R article on the December 5th, Special
Town Meeting Warrant; November 14th, Public Hearing on 40R Application, submission of 40R application
to the state for approval; December 5th, Town Meeting.
Water Storage Tank(s) Improvement Project
James Finnegan of Weston and Sampson, consultant hired by the town, gave an updated presentation of
the replacement, improvements, project costs and construction of the storage tanks at Sutton Hill and
Bear Hill reservoirs. A public hearing was held on October 17, 2005 with residents in the area of Sutton
Hill and Bear Hill. If approved by Town Meeting, construction would begin by July 2006.
Zoning Board of Appeals Fee Schedule
Town Counsel sent the Board a letter in which he stated that the recently adopted fees for 40B/40R might
not pass the judicial test of being a valid fee in Massachusetts. Community Development Director Curt
Bellavance revised an adopted fee for 40B for the Board's consideration based on time spent by staff to
process the application. Bellavance justified his revised fee as reasonable and reflects the costs uncured
by the community for processing comprehensive permit applications.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to adopt the suggested revised fee
of$350 for application fee for 40B projects and $52 per unit.
James Xenakis Withdrew his MOTION.
After a lengthy discussion, Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to
TABLE this item until the Zoning Board of Appeals meets to review the revised fee. Vote approved 5-0.
NEW BUSINESS:
Halloween Trick or Treat Date
James Xenakis made a MOTION, seconded by Donald Stewart, to approve the recommended date and
time for Halloween Trick or Treat on Monday, October 31, 2005, from 5:00 PM to 7:05 PM. The Board of
Health advised that in the absence of a `hard frost' between now and October 31 st, that trick or treaters
should wear adequate clothing and use insect repellants containing DEET. Vote approved 5-0.
Preparation for December 5, 2005 Special Town Meeting
The Town Manager asked the Board to consider voting to place Articles on the Town Warrant for the
Special Town Meeting scheduled on December 5, 2005.
Board of Selectmen Minutes October 18, 2005 3
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to place on the warrant Article A.
Amend Article 8, 2005 Annual Town Meeting General Fund Appropriation-Fiscal Year 2006.
Vote approved 5-0.
Thomas Licciardello made a MOTION, seconded by James Xenakis, to place on the warrant Article B.
Appropriate$350,000 of the NESWC funds into the North Andover Stabilization Fund.
Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by James Xenakis, to Table Article C. Overlay Account
Transfer Vote approved 5-0.
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to place on the warrant Article D.
Overlay Account Transfer. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by James Xenakis, to Table Article E,Acceptance of
Massachusetts General Laws Chapter 71 Section 71E-Schoolhouses;Article F. Establish
Ambulance Enterprise Fund;Article G. Petition the General Court—Health Insurance Benefits for
Elected Officials. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Donald Stewart, to place on the warrant Article H.
Funding for Design/Engineering Work— Water Tank Replacement—Sutton Hill& Bear Hill Water
Storage Facilities— or Sutton Hill Water Storage Facility. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Mark Caggiano, to place on the warrant Article L
Amend General Bylaws Chapter 88;Section 8—Dogs—Nuisances. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to place on the warrant Article J.
Amend General Bylaws of the Town of North Andover Chapter 161—Street and Sidewalks—Add
New Section—Section 6—Repairs to Private Ways. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to place on the warrant Article K.
Amend the General Bylaws Chapter 161 Streets and Sidewalks—Add New Section—Section 7
Consideration of Street Acceptance Under a Single Article. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to TABLE Article L. Amend the
General Bylaws—New Chapter 79—Building and Property Maintenance Code. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to place on the warrant Article M.
Petition the General Court—Stevens Estate Liquor Sales. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to place on the warrant Article N.
Amend the Zoning By-Law 8.9 Wireless Service Facility—Add New Section C—Municipal
Exemption. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Mark Caggiano, to TABLE Article O. Articles Relating
to 1600 Osgood Street(former Lucent Property) and Article P.Amend Zoning Map—2370 Turnpike
Street from Industrial l(11) to Business 1 (B1). Vote approved 5-0.
FY07 Budget Policy Statement
The Town Manager said that the Town Charter requires that the Board adopt a budget policy statement
by November 1, 2005. The Revenue and Fixed Cost Committee presented FY07 projections as part of
the preparation of the Board's FY07 Budget Policy Statement.
In summary, based on the Revenue/Fixed Costs Review Committee's projections of data as of October
14, 2005, FY07 General Fund monies available for Town services and Departments will range from
Board of Selectmen Minutes October 18, 2005 4
practically the same dollars as FY06 (if the Town chooses to expend all its reserves) down to a 2.7%
decrease if it elects to expend none of its reserves.
Affordable Unit at Kittredge Crossing
The Town has been notified that an affordable housing unit at Kittredge Crossing will soon be on the
Market. It is recommended that the town Not exercise its right of first refusal on this unit, instead allowing
CHAPA to find a buyer who will meet the affordability criteria.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, Not to exercise the town's right of
first refusal on the unit at Kitterage Crossing. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Fire Chief William Dolan has informed the Manager that recruit Fire Fighters Robert Crane and Blake
Swinggi have graduated from the Massachusetts Firefighting Recruit Training School. Upon
completion of their probationary period they will become regular Fire Fighters.
North Andover Fire Department Unit#3 will be honored at the 2004/2005 "Fire Fighter of the Year"
Award Ceremony for their actions at a house fire on Patriots Day. The ceremony is scheduled to take
place on Friday, October 28, 2005 at 11:00 a.m. at Faneuil Hall in Boston.
The Town was notified by the Department of Revenue that state-matching funds under the
Community Preservation act for FY05 would be $1,051,237. This represents a 100% match of local
dollars raised through the program.
Under the State's revamped school building construction program, the Town received $26,740,603 on
October 3, 2005 from the Commonwealth in partial payment for its portion of the cost of the new High
School. Enclosed please find an analysis from Linda Casey, Finance Director, as to how this fits
into the town's overall financing plan for the building.
Town of North Andover employees recently conducted a fund raising effort for victims of Hurricane
Katrina. The Manager is proud to announce that $1,415 was raised and will be sent directly to the
American Red Cross.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by James Xenakis, to adjourn the meeting at 9:30 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board