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HomeMy WebLinkAbout2006-02-27 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES FEBRUARY 27, 2006 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 6:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Thomas Licciardello was absent. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss Negotiations with Non-Union and Union Employees. 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; Mark Caggiano yes; and Rosemary Smedile yes. Vote approved 4-0. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the Minutes of February 13, 2006, Open Session as written and Executive Session as written. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Poet Laureate James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the North Andover Poet Laureate Committee's recommendation appointment of Michael Souza as Poet Laureate for a two-year term. Vote approved 4-0. Unsung Heroines The Commission on the Status of Women will be honoring Town Clerk Joyce Bradshaw as our community's Unsung Heroine of 2006 at the State House on Friday, March 3, 2006. CONSENT ITEMS: Acceptance of Donation, Georgetown Savings Bank James Xenakis made a MOTION, seconded by Donald Stewart, to accept a donation from the Georgetown Savings Bank in the amount of$1,200 to the Fire Department in a special account to be used to repair the Town Clock. Vote approved 4-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Mark Caggiano, to move into Licensing. Vote approved 4-0. Liquor Violation Public Hearing Mark Caggiano made a MOTION, seconded by James Xenakis, to open the public hearing. Vote approved 4-0. Donald Stewart read the notice sent to the license holder(Harold Johnson manager of Camelot Building Association. Donald Stewart recognized the investigating Police Officers Thomas Driscoll and John McEvoy. The Town Clerk Joyce Bradshaw swore them in under oath. The officers testified that on the night of Friday, December 30, 2005, police received an anonymous report of underage drinking at Camelot, Knights of Columbus, 505 Sutton Street location. When police arrived at 11:00 PM they found two under aged girls with beer bottles in their hands. The Officers the Board of Selectmen minutes February 27, 2006 2 girls did not have ID with them at the time. The girls said that an older man in the club bought the drinks for them, but the girls were not able to point out the man to the officers. Donald Stewart recognized Manager of Camelot Harold Johnson. The Town Clerk Joyce Bradshaw swore him in under oath. Harold Johnson found out about the incident the next day. Mr. Johnson said there was only one bartender on that particular night when 85 people crowded the bar late in the evening, at that point the bartender called in for extra help. The bartender told police officers that she hadn't served the girls. Everyone had to be carded with a special machine that reads licenses for validity and correct ages. Mr. Johnson showed Selectmen images from surveillance cameras at Camelot that displayed in sequence how the crowd had grown throughout the night. Since the December incident, Johnson said he installed four more cameras and limited entry to one door so people would have to walk past the bar on their way in. A red sign also went up that said, "No one under the age of 21 is permitted in the building after 6 p.m". on those nights when the bar is open. Mr. Johnson staffs two bartenders on Friday evenings from 4:00 p.m. to 6:00 p.m., but because of a drop-off in business after that only one bartender stays the rest of the evening. Johnson said that he always has extra staff on holidays and when he has scheduled entertainment. As an example on St. Patrick's Day, he has four bartenders staffed on both shifts. James Xenakis made a MOTION, seconded by Mark Caggiano, to close the public hearing. Vote approved 4-0. The Board asked Mr. Johnson several questions about the incident before making a judgment or decision. Licensing Commissioner Chairman Donald Stewart said that Camelot had taken the proper steps and this was a first offense. The problem was with the person that bought the alcohol for the girls, Selectmen Xenakis opposed Stewart's position, saying that full responsibility fell on Camelot due to understaffing. Having one person working on a night is negligence. This board has always been strict with businesses getting liquor licenses. He suggested a penalty of three to five days' suspension. Selectmen Caggiano echoed Xenakis and referred to his experience as a doorman at a Cambridge bar for five years. He pointed out that though North Andover isn't Cambridge, at least a couple of staff members are still needed to check for underage drinkers sneaking in, being passed drinks, as happened with this particular incident, or sneaking drinks in the bathroom. If the standard pattern is one person every Friday and Saturday night, that's not enough, said Caggiano. If this had hurt someone, it would've been a tremendous liability on the head of the establishment and staff. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, that a violation of the license did occur on Friday, December 30, 2005, with the possession of an alcoholic beverage by a person under 21 years of age. Vote approved 4-0. Selectman Rosemary Smedile suggested the suspension be spread out over three Mondays, rather than three consecutive days, to avoid giving customers the appearance that the bar was permanently closed. James Xenakis made a MOTION, seconded by Mark Caggiano, to suspend the liquor license on three consecutive Mondays on 3/3/06, 3/13/06, and 3/27/06. Vote approved 3-1. Donald Stewart opposed. Transfer Licenses from Fusion Grill to Casa Blanca James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the transfer of alcoholic beverage license and entertainment license from Fusion Grill to Casa Blanca at 1070 Osgood Street. Vote approved 4-0. Board of Selectmen minutes February 27, 2006 3 Common Victualler License James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the Common Victualler License for DeFusco & Son Italian Bakery, 1211 Osgood Street. Vote approved 4-0. Stevens Estate—One-day Licenses James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the following one-day licenses at the Stevens Estate, 723 Osgood Street. Vote approved 4-0. Connie Ferreira, Pike School, Thurs. 3/9/06 from 7:00—11:00 PM, All Alcoholic Beverages Jenny Levi Wedding Reception, Fri. 3/17/06 from 5:30— 10:30 PM, All Alcoholic Beverages Leah Simari Avid Company.Party, We. 3/22/06 from 6:00— 10:00 PM,Wine & Malt Beverages Ken Bloom Wedding, Fri. 3/31/06, from 7:00— 11:00 PM, All Alcoholic Beverages Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 4-0. PUBLIC HEARINGS: Pole Petition from NationalGrid James Xenakis made a MOTION, seconded by Mark Caggiano, to open the Public Hearing. Vote approved 4-0. David Boucher, representative of National Grid, requested Plan#S53/494 of Salem Street to install two 3" conduits and secondary conductors for new service to new customers at 561 and 567 Salem Street. James Xenakis made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 4-0. James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the Pole Petition by National Grid Plan #S53/494 on Salem Street. Vote approved 4-0. OLD BUSINESS: Mark Caggiano made a MOTION, seconded by Donald Stewart, to vote Favorable Action on Article 1, Acquisition of Land and Conservation Restriction at 605 Osgood Street known as the Cullen Property. Vote approved 4-0. Town Manager Mark Rees said that the Board of Selectmen would have to meet on Monday, March 6, 2006 depending on the outcome of the Special Town Meeting on March 2, 2006. FY07 General Fund Operating Budget The Town Manager said that another Town Charter provision requires the Board of Selectmen to vote on the Town Manager's recommended budget within 30-days of receipt of the budget and forward it to the Finance Committee. The Board can either vote on this tonight or at their next meeting on March 6, 2006. The Board discussed possible ways to prioritize what should be funded and whether to use the Stabilization Fund to help with this year's budget. Some Selectmen were in favor of using the Stabilization Fund and others were against it. Chairman Rosemary Smedile said the Town is in the business of providing services to its residents and if you lay people off the services would be affected in one way or another. Mark Caggiano made a MOTION, seconded by Donald Stewart, to forward the Town Manager's recommended budget onto the Finance Committee and retain the right to revisit for revisions and modifications as additional information becomes available at a later date. Vote approved 3-1. James Xenakis opposed. Board of Selectmen minutes February 27, 2006 4 Articles for May 8, 2006 Annual Town Meeting The Town Manager asked the Board to vote to place Articles on the Town Warrant for the Annual Town Meeting. Mark Caggiano made a MOTION, seconded by Donald Stewart, to place Articles A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, on the warrant. Vote approved 4-0. A. Reports of Special Committee B. Consent Articles: a. reports of receipts& expenditures, b. authorization to sign contracts in excess of 3 years, c. Authorization to accept grants of easements, d. authorization to grant easements C. Compensation of Elected Officials D. Amend G.F. Appropriation for FY2006 E. Amend Sewer Enterprise Fund Appropriation for FY2006 F. Amend Water Enterprise Fund Appropriation for FY2006 G. Amend Stevens Enterprise Fund Appropriation for FY2006 H. Amend Capital Budget for FY06 I. Transfer of Unexpended Funds from Special Revenue and Capital Funds J. Prior Year Unpaid Bills K. General Fund Appropriation for FY07 L. Transfer from Stabilization Fund M. Sewer Enterprise Fund Appropriation for FY07 N. Water Enterprise Fund Appropriation for FY07 O. Stevens Estate Enterprise Appropriation for FY07 P. Capital Budget for FY07 Q. Funding for Water Storage Tanks R. Establishment of Revolving Funds S. Report for the Community Preservation Committee and Appropriation from Community Preservation Fund Mark Caggiano made a MOTION, seconded by Donald Stewart, to place Article T on the Warrant. Vote approved 4-0. T. Unified Fee By-Law Articles T1 to T12 Mark Caggiano made a MOTION, seconded by Donald Stewart, to place Article U on the Warrant. Vote approved 4-0. U. Join Mosquito Control District Mark Caggiano made a MOTION, seconded by James Xenakis, to place Article V on the Warrant. Vote approved 4-0. V. Inter-municipal Joint Purchasing Agreement— Community Software Consortium Mark Caggiano made a MOTION, seconded by Donald Stewart, to place Article W on the Warrant. Vote approved 4-0. W. Amend Maximum Abatement for Senior Citizen from$500 to $600 Donald Stewart made a MOTION, seconded by James Xenakis, to place Article X on the Warrant. Vote approved 3-1. Mark Caggiano opposed. X. Petition to State Legislature: Expand Board of Health to Five Members Board of Selectmen minutes February 27, 2006 5 James Xenakis made a MOTION, seconded by Mark Caggiano, to Amend and fine-tune Articles Y&Z. Vote approved 4-0. Y. Rte 114 Rezoning—Amend Zoning Bylaw-New Section 16—Route 114 Corridor Establishment Z Route 114 Rezoning— Corridor 2 James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article AA on the Warrant. Vote approved 4-0. AA. Amend Town Zoning Bylaw, Section 4, 136, Watershed Protection District Mark Caggiano made a MOTION, seconded by James Xenakis, to place Article BB on the Warrant. Vote approved 4-0. BB. Amend Town Zoning Bylaw, Section 4, 1222 Residential 4 Donald Stewart made a MOTION, seconded by James Xenakis, to place Article CC on the Warrant. Vote approved 4-0. CC. Amend Town Zoning Bylaw, Section 10.31 (1) Special Permit Approval Conditions James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article DD on the Warrant. Vote approved 4-0. DD. Amend Town Zoning Bylaw, Section 6, Signs and Outdoor Lighting Regulations Mark Caggiano made a MOTION, seconded by James Xenakis, to place Article EE on the Warrant. Vote approved 4-0. EE. Amend Wetlands Protection Bylaw James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article FF on the Warrant. Vote approved 4-0. FF. Amend Underground Utility bylaw Chapter 170 to include School Street James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article GG on the Warrant. Vote approved 4-0. GG. Street Acceptances: DPW-Surrey Drive, Inglewood Street, Grosvenor Avenue, Granville Lane, Wildwood Circle. Planning Board— Sherwood Drive, Chatham Circle and Nantucket Drive. Mark Caggiano made a MOTION, seconded by James Xenakis, to place Article II on the Warrant. Vote approved 4-0. H. Fund Collective Bargaining Agreement Town of North Andover/International Brotherhood of Police Officers(IBPO), Local 496 Mark Caggiano made a MOTION, seconded by James Xenakis, to place Article JJ on the Warrant. Vote approved 4-0. JJ. Fund Collective Bargaining Agreement Town of North Andover/International Brotherhood of Police Officer(IBPO), Local 454. Board of Selectmen minutes February 27, 2006 6 James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article KK on the Warrant. Vote approved 4-0. KK.Establishment of Affordable Housing Trust. Ambulance Rates, 2007 A committee consisting of Fire Chief Dolan, Fincom member Paul Stewart and Finance Director Linda Casey met several times and developed an expense schedule that justifies the need to increase ambulance fees. The Board is asked to approve the recommended increase in fees. Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the recommended increase in Ambulance fees for 2007. Vote approved 3-1. James Xenakis opposed. NEW BUSINESS: Machine Shop Village Update Liz Fennesy and George Schruender wanted to inform the Selectmen of the plans and progress in making improvements to the Machine Shop Village area of town. The North Andover Historic District Committee, and in accordance with Massachusetts regulations, becomes a study committee for the proposed new district. The study committee would then make the evaluations, working with the neighborhood and Mass. Historic Commission, as to whether to make a submission to Mass Historic Commission and to submit a warrant article in May 2007. Mark Caggiano made a MOTION, seconded by Donald Stewart, to allow the North Andover Historical Commission to appoint a study committee to begin the process of establishing a Local Historic District. Vote approved 4-0. National Incident Management System (NIMS) Recent Federal laws require that the Town adopt the NIMS system to be implemented in the case of emergencies. The purpose of this requirement is to provide a uniform framework of emergency responses throughout the country. Mark Caggiano made a MOTION, seconded by Donald Stewart, to formally adopt NIMS as the basis for Incident Management in the Town. Vote approved 4-0. Disposal of Tax Foreclosed Land Finance Director Linda Casey told the Board that the Town sent out 76 delinquency notices to past due tax payers with the intention of collecting unpaid taxes. The Town has directed the tax title attorney to notify the owners to pay their outstanding balances or face foreclosure proceedings. Since the letters went out last week, the Town has collected $60,000 in back taxes and the town is working out payment plans with some owners. Selectmen thanked Debbie Wilson an employee in the Tax Office for bringing this information forward in collecting back taxes and want to publicly thank her for her efforts at a future meeting. Also site visits were conducted to foreclosed land to see if such parcels were buildable lots. Most of the parcels had limited potential for development due to wetlands or zoning constraints, however, they may be of interest to abutting property owners. However, two of the parcels on Pine Ridge Road, if combined, could quite possibly be a "buildable lot" of significant value. The Town Manager requested that the Board appoint Linda Casey as custodian to act on behalf of the town to sell property at a public auction. Donald Stewart made a MOTION, seconded by James Xenakis, to appoint Linda Casey as custodian on behalf of the town to sell property at a public auction. Vote approved 4-0. Board of Selectmen minutes February 27, 2006 7 FY07 Sewer Enterprise Fund Budget The Town Manager gave a summary and recommended funding at$4,147,400 or a 3.37% increase over the FY06 Budget. Major factors that contribute include: The final Greater Lawrence Sanitary District (GLSD) Assessment in FY)^ after credits is project to be $948,815. For FY07, (GLSD) is recommending that the Town budget $1,298,000. Debt Service is projected to increase from $1,889-489 to $1,899,805 consistent with the debt schedules contained in the Capital Improvement Plan. FY07 Water Enterprise Fund Budget The Town Manager gave a summary and recommended funding at$5,226,723 or 2.35% increase over the FY06 approved budget. Major components of the FY07 Water Budget include: Electricity and Natural Gas increasing. Debt Service is projected to increase from $2,555,992 to $2,632,241 consistent with the debt schedules contained in the Capital Improvement Plan. Indirect Cost expenses are increasing from FY06 to FY07 due to increase in health insurance, The Stevens Estate Enterprise Fund The Town Manager gave a summary stating an improved economy as well as a structured marketing strategy has contributed to an increase in projected revenues for FY06 and anticipated revenues for FY07. For FY07 Stevens Estate is projecting income of$488,119 and expenses of$488,119. As is the case with previous years, the budget will be monitored closely to insure expenses do not exceed actual revenues. 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. James Xenakis made a MOTION, seconded by Mark Caggiano, Not to exercise the town's right of first refusal on the unit at Kittredge Crossing. Vote 4-0. Town Common Usage during construction After discussion, James Xenakis made a MOTION, seconded by Donald Stewart, to TABLE this until a future meeting. Vote approved 4-0. TOWN MANAGER'S REPORT: North Andover CAM is having an Open House tonight Monday, February 27, 2006 at 6:30 PM. The Town has been awarded at grant in the amount of$6,950 by the Department of Environmental Protection to continue and expand our efforts in recycling. The Board has been invited to march in the St. Patrick's Day Parade in Lawrence on March 12, 2006. Assistant Town Manager Ray Santilli and the Town Manager met with utility representatives on February 15, 2006 to begin planning for the undergrounding of utilities in the downtown business area of town. ADJOURNMENT: James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 10:00 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board