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HomeMy WebLinkAbout2006-04-11 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 11, 2006 CALL TO ORDER: James Xenakis called the meeting to order at 6:00 PM at Town Hall Meeting Room. Note: Rosemary Connelly Smedile arrived at 6:30 p.m. ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; James Xenakis; Daniel P. Lanen; Mark J.T. Caggiano; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Also present were the following representatives from the School Committee: William Kelley, Timothy Pybus, Charles Ormsby and Barbara Whidden. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Thomas Licciardello, to move into Executive Session to discuss Negotiations with Union Employees and Real Estate Matters. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; James Xenakis yes; Mark Caggiano yes; Thomas Licciardello, yes, and Rosemary Smedile yes. Vote approved 5-0. The School Committee was individually polled and each voted to move into Executive Session. William Kelly, yes; Timothy Pybus, yes; Charles Ormsby, yes; and Barbara Whidden, yes. Vote approved 4-0. Note: Al Perry, Chair of School Committee was absent. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the minutes of March 27, 2006, Open Session as written. Vote approved 4-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Announcement Recreation Director Bill McEvoy announced that the Recreation Department was hosting the United States Air National Guard Band of the Northeast Spring Concert at North Andover High School Auditorium on Saturday, May 6, 2006 at 7:00 p.m. All those interested please contact the Recreation Department for tickets. New Business Recognition A Certificate of Appreciation was presented to "The Pie Guy", 67 Main Street, for locating their business in North Andover. Announcement The Mass. High Technology Council rated the Town of North Andover as the 16th Most Business Friendly Community in Massachusetts. The Council took elements such as whether or not the town has a Tax Increment Financing program, the education levels of the town, and the amount of developable square footage in coming up with their ranking methodology. Comment from the Board James Xenakis congratulated and welcomed Daniel Lanen as the newest member of the Board. Xenakis acknowledged and thanked former Selectmen Donald Stewart for his 15 years of dedicated service to the town. Comments from the public Ted Tripp, 262 Boston Road, spoke against any increase in taxes via a Proposition 2'h Override. Board of Selectmen Meeting April 11, 2006 2 Bernie Judge, 247 Middlesex Street, retired employee inquired about the cost of health insurance and the affect it would have on retirees. He also said that employees have given up benefits in the past to help the town. Donald Stewart, 52 Prospect Street, said that the Casa Blanca Restaurant had three huge signs out front that were not in regulation size. Also he mentioned that a Handicap sign was missing from in front of town hall. Dan Breen Sr., 10 Daniels Street, was concerned about changes in the Old Center. He was very concerned about public safety issues and pedestrian walkways with the new roundabout. The Town Manager said this Old Center project has been in the planning stages for the last 6-7 years and the reason this whole thing is being reconfigured was for the safety of pedestrians and motorist and how to make intersections safer for all involved. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Mark Caggiano, to move into Licensing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Thomas Licciardello, to appoint Mark Caggiano to be Licensing Chairman. Vote approved 5-0. PUBLIC HEARINGS: Rosemary Smedile made a MOTION, seconded by James Xenakis, to open the Public Hearing. Vote approved 5-0. Jason Piacentini, owner of Eatz Restaurant, 57 Water Street, applied for a Wine and Malt License under the name of Taste Squared, Inc. James Xenakis made a MOTION, seconded by Rosemary Smedile, to close the Public Hearing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Wine and Malt License. Vote approved 5-0. Cynthia Rostiac, Stevens Estate, 723 Osgood Street, requests the following one-day licenses 1. Merrimack Valley Chamber Mixer, Tuesday, April 18, 2006, from 5:00-7:00 PM, full liquor license 2. Dan Fennell, O'Brien Rehearsal Dinner, Thursday, April 20, 2006, 6:00-10:00 PM, Beer&Wine license 3. Julie O'Brien, O'Brien Wedding, Saturday, April 22, 2006, 4:00-10:00 PM, full liquor license 4. City Solicitors &Town Council, Wednesday, April 26, 2006, 6:30-9:00 PM, full liquor license 5. Lean Pich, Pich Ceremony, Saturday, May 6, 2006, 12:00-2:00 PM, Beer&Wine license 6. Aruna Jain Birthday Party, Saturday, April 15, 2006, 7:00-11:00 PM, Beer&Wine license James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the licenses for the Stevens Estate. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by James Xenakis, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Preparation for May 8"Annual Town Meeting The Town Manager said the FY07 Operating Budget was far from being resolved before taking this budget to Town Meeting. The Town Manager suggested delaying the budget portion from Town Meeting and only doing the non-monetary articles on May 8, and reconvening at a later date when additional budget information is released from the school department and the state. Board of Selectmen Meeting April 11, 2006 3 Selectmen discussed the possibilities of delaying Town Meeting and postponing for an alternative date. The Town Clerk said that the Warrant had not been posted and when it is mailed out to citizens of the town, inserts a notice stating that Town Meeting will be postponed until an alternative date. Mark Caggiano, Daniel Lanen, and James Xenakis suggested to convene Town Meeting on May 8, 2006, but then to adjourn to June 5, 2006. The Town Manager, Town Clerk and the Moderator would work together to inform the public of the changes of Town Meeting due to insufficient budget information. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to mail out Warrant Articles Book to residents including a notice that Town Meeting will convene on May 8, 2006 and adjourn to June 5, 2006. Vote approved 5-0. Article 45 Nomid Trust Attorney Domenic Terranova came before the board to explain this article, which has to do with extending sewer lines on Rte. 114 to his client's property in Middleton adjacent to Sharpners Pond Road. Charles Wear of Meridian Associates, Inc. did a presentation of the proposed construction of six buildings and the cost of fees associated with the plan. Eric DeGrasse, owner of the property will pay for all expenses associated with this plan. The Board instructed the Town Manager and staff to meet with the applicant and come back to the board with a recommendation. Note: Five minute recess Position on Town Meeting Warrant Articles The Board was requested to vote their recommendations on the articles to be included in the warrant book. James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Articles 1,2,3,4,5,6,7,8,9,10,11,12,13. Vote approved 5-0. Article 1. Reports of Special Committees Article 2. Consent Articles Article 3. Senior Center Recognition Day Article 4. Amend Zoning Bylaw— Section 2—Definitions Article 5. Amend Zoning Bylaw—New Zoning District—Section 16 Corridor Development District, and Defining Corridor Development District 1 (CDD1) Article 6. Amend Zoning Bylaw—New Zoning District, Amending Section 16—Adding Corridor Development District 2 (CDD2) Article 7. Rezone Turnpike Street— Corridor Development District(CDD1) Article 8. Rezone Turnpike Street— Corridor Development District 2 (CDD2) Article 9. Maintain Current Zoning Classification— 651 Turnpike Street Article 10. Amend General Bylaws— Various Chapters— Unified Fee Procedure Article 11. Compensation of Elected Officials Article 12. Amend General Fund Appropriation for Fiscal Year 2006 Article 13. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2006 James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 14. No Action Taken. Article 14. Prior Years Unpaid Bills Note: Selectman Daniel Lanen recused from voting on Articles 15 & 16. Board of Selectmen Meeting April 11, 2006 4 James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 15 & 16. No Action Taken. Article 15. Fund Collective Bargaining Agreement between the Town of North Andover and the Police Lieutenants'Collective Bargaining Unit Article 16. Fund Collective Bargaining Agreement between the Town of North Andover and the Sergeants and Patrol Officers'Bargaining Unit or Units. James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 17. Vote approved 5-0. Article 17. Mosquito Control Program Article 18. No Action Taken. Article 18. General Fund Appropriation Fiscal Year 2007 James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 19. No Action Taken. Article 19. New Stabilization Fund(s) James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Unfavorable Action on Article 20. Vote approved 5-0. Article 20. Stabilization Fund(s) Transfers James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 21. Vote approved 5-0. Article 21. Sewer Enterprise Fund Appropriation-Fiscal Year 2007 James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 22. Vote approved 5-0. Article 22. Water Enterprise Fund Appropriation-Fiscal Year 2007 James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 23. Vote approved 5-0. Article 23. Steven Estate at Osgood Hill Enterprise Fund Appropriation- Fiscal Year 2007 James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 24. No Action Taken. Article 24. Capital Improvement Plan Appropriation Fiscal Year 2007 James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 25. Vote approved 5-0. Article 25. Funding for Water Storage Tanks James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 26. Vote approved 5-0. Article 26. Establishment of Revolving Funds James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 27. No Action Taken. Article 27. Supplemental Revolving Funds James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 28. No Action Taken. Article 28. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Unfavorable Action on Article 29. Vote approved 4-0-1. James Xenakis opposed. Article 29. Change Community Preservation Act Surcharge Note: Selectman Daniel Lanen recused from voting on Article 30. Board of Selectmen Meeting April 11, 2006 5 James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 30. No Action Taken. Article 30. Amend General Bylaws- Chapter 59-8- Town Meetings-Procedures for Initial Funding and Approval of Collective Bargaining Agreements James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Unfavorable Action on Articles 31 & 32. Vote approved 5-0. Article 31. Amend General Bylaws-Add Chapter 143-Public Notice. Article 32. Amend General Bylaws-New Section 143-2 Public Notice Information James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Articles 33, 34, 35, & 36. Vote approved 5-0. Article 33. Establishment of Affordable Housing Trust Fund. Article 34. Inter-municipal Joint Purchasing Agreement- Community Software Consortium. Article 35. Continue Provisions of Massachusetts General Law, Chapter 59 Section 5K-Property Tax Liability Reduction, Volunteers Over Age 60. Article 36. Petition the General Court-Amend Town Charter- Chapter 7-Section 8-1-Expand Board of Health to Five Members. James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Unfavorable Action on Article 37. Vote approved 3-2. Article 37. Petition the General Court-Health Insurance Benefits- town of North Andover Elected Officials. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 38 & 39. Vote approved 5-0. Article 38. Amend North Andover Zoning Bylaw-Section 4.122(14)(B)(b)-Residence 4 District, Article 39. Amend North Andover Zoning Bylaw-Section 10.31(1)- Conditions for Approval of Special Permit. James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 40. No Action Taken. Article 40. Amend Zoning Map-Davis Street- Assessors Map 70-Parcel 18 From General Business(GB)to Residential 4 (R4). James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Articles 41 &42. Vote approved 5-0. Article 41. Amend Zoning Bylaw- Watershed Protection District-Sections 4.136(3)(c) (ii)and(iii). Article 42. Amend General Bylaws- Chapter 178, Section 9- Wetlands Protection-Rules & Regulations. James Xenakis made a MOTION, seconded by Thomas Licciardello, recommendation To Be Made At Town Meeting on Article 43. No Action Taken. Article 43. Amend General bylaws Chapter 178- Wetlands Protection. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 44. Vote approved 5-0. Article 44. Amend General Bylaws- Chapter 170- Underground Utilities - Section 3- Subsection C- "Downtown Area"-Add School Street. James Xenakis made a MOTION, seconded by Mark Caggiano, recommendation To Be Made At Town Meeting on Articles 45, 46, 47, 48, 49, & 50. No Action Taken. Article 45. Inter-municipal Agreement Between North Andover/Middleton Water and Sewer Tie-ins Article 46. Acquisition and Acceptance of Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey Drive and Wildwood Circle as Public Ways Article 47. Roadway Acceptance- Willow Street, Willow Street(South) Extension, Bayfield Drive and Flagship Drive Article 48. Roadway Acceptance- Chatham Circle and Nantucket Drive Board of Selectmen Meeting April 11, 2006 6 Article 49. Roadway Acceptance— Glenore Circle Article 50. Roadway Acceptance -Berrington Old Center Improvement Project Assistant Town Manager Ray Santilli gave an update on the first phase of the Old Center underground utility project. The first phase is scheduled for completion by the end of May 2006. The second phase will entail placing conduit connection to the individual properties in the area and the last phase which will last through 2007, will entail installing the new light posts and removing the overhead wires and existing poles. The Mass Highway roadway project was put out to bid and the Town was informed that the successful contractor is A.R. Belli, Inc of Newton. The formal contract has not yet been executed. A meeting was held on April 6, 2006, with representatives of the various businesses in the area to discuss their concerns and the effects of the construction project on their businesses. They exchanged ideas on Safety and Traffic Issues and Public Relations NEW BUSINESS: Sewer Betterment Abatement Request, Assessors Map 38, Parcel 84 Ms. Beth Piekarski requested an abatement on a sewer betterment assessment on a parcel of land owned by her because the lot is unbuildable. A review of town records shows that a previous board did approve an abatement for this reason. The Conservation Commission has inspected the site and confirmed it unsuitability as a building lot under the current wetland bylaw. Thomas Licciardello made a MOTION, seconded by James Xenakis, to approve the Sewer Abatement request for Ms. Beth Piekarski, Assessors Map 38, Parcel 84. Vote approved 5-0. Affordable Housing Unit at Kittridge Crossing Consistent with past action by the Board, it is recommended that the Board not exercise its right of first refusal on this property, thus allowing CHAPA to market the unit. All previous placements of affordable units by CHAPA have been to eligible North Andover residents. Mark Caggiano made a MOTION, seconded by James Xenakis, to not exercise its right of first refusal on this property. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town of North Andover's allocation for Chapter 90 road maintenance for FY07 will be $473,987. The Town of North Andover's allocation for the Commonwealth Sewer Rate Relief Fund will be $24,607. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 10:35 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board