Loading...
HomeMy WebLinkAbout2006-06-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 12, 2006 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:05 PM at Town Hall Meeting Room. 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. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to move into Executive Session to discuss. 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. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Mark Caggiano, to approve the minutes of May 8, 2006, Executive Session as written; to approve the minutes of May 22, 2006, Open Session as Amended; to approve the minutes of June 5, 2006 Open Session as Amended, and to approve the minutes of June 6, 2006, Open Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Certificate of Accomplishment The Board of Selectmen recognized Gregory Kinneman for his accomplishments for achieving the high rank of Eagle Scout of Troop 82. Resolution and Recognition The Board of Selectmen recognized Superintendent of Greater Lawrence Technical School Frank S. Vacirca for his 34 years of dedicated service. Acceptance of Donation, Stevens Foundation Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to accept a donation in the amount of $15,000 from the Trustees of the Nathaniel and Elizabeth P. Stevens Foundation designated for the Town's purchase of the Sunnyridge property. Vote approved 5-0. Recreation Department Summer Events Bill McEvoy announced the schedule for Summer Band Concerts and Children special events. Due to the construction around the Town Common these events have been moved to new locations. The Band Concerts would be held at 400 Osgood Street and the Children's events would be held at the Middle School. The Recreation Department thanked the businesses in North Andover that have consistently funded his programs for the last eight years. Downtown Signs Mark Caggiano said that some of the businesses in the downtown area are displaying A-Frame signs on sidewalks again. These signs should be removed for the safety of pedestrians. Donald Stewart, 52 Prospect Street said that many people in town are distressed and unhappy about the thought of Trash Fees. He asked the Board to use caution and discretion on this matter. Tom Dawley, 95 Hickory Hill Road asked the Board to give him an update on the town's progress plan on how to solve the financial problems. Selectmen Xenakis and Licciardello attempted to answer his question regarding the municipal side of the budget and what is being done to increase revenues, by rezoning Rte 114, 1600 Osgood Street, steps taken to revamp Board of Selectman Minutes June 12, 2006 2 health insurance and working with the Finance Committee and the School Committee to reduce budgets without cutting services. CONSENT ITEMS: Lion Club Circus Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the request of the Lions Club to place advertising banners at the Middle School and the two Fire Stations. Vote 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Mark Caggiano, to enter into Licensing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the following one-day license request from the Stevens Estate, 723 Osgood Street. Vote approved 5-0. 1. DCG, Stephanie Fields, Tuesday, June 13, 06, from 5:00— 10:00 PM, Beer&Wine License 2. NA Little League, Joe Bramanti, Saturday, June 17, 06, from 6:00—11:00 PM, Full Liquor License 3. Adona Society, Marisa Kafantis, Monday, June 19, 06, from 6:30— 10:00 PM, Beer&Wine License 4. Kullman Wedding, Dawn Kullman, Saturday, June 24, 06, from 3:30—9:30 PM, Full Liquor License 5. Botjan Family BBQ, Randy Botjan, Saturday, July 1, 06, from 2:00—8:00 PM, Beer&Wine License 6. Natgun Outing, Wendy Dembowski, Friday, July 14, 06, 1:00—6:00 PM, Beer&Wine License 7. Strong Wedding, Jen Strong, Friday, July 28, 06, 6:00 PM — 12:00 AM, Full Liquor Bar 8. Nardella Wedding, Steve Webb, Saturday, July 29, 06, 6:30— 11:30 PM, Full Liquor Bar 9. Nee Family Party, Frances Nee, Sunday, July 30, 06, 2:00—7:00 PM, Full Liquor Bar James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Special Town Meeting At Town Meeting on June 5, 2006, a citizen petition of 200 signatures called for a Special Town Meeting. By law this has to be held within 45 days of the petition. The Town Manager Mark Rees asked the Town Clerk Joyce Bradshaw to outline the legal requirements of conducting a special town meeting and a list of possible dates including deadlines for warrant closings and postings. In order to accommodate a broad spectrum of residents including Senior Citizens the Selectmen had difficultly in setting an appropriate date and time for the Special Town Meeting. After making several suggestions a date and time was made and amended. Daniel Lanen made a MOTION, to set the date for Special Town Meeting for Saturday, July 15, 2006. Vote failed lack of second. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to set the date for Special Town Meeting on Monday, July 10, 2006, with a start time of 7:00 PM. No vote. James Xenakis Amended the MOTION, seconded by Mark Caggiano, to set the date for Monday, July 10, 2006, with a start time of 6:00 PM. No vote. James Xenakis Amended the MOTION, seconded by Daniel Lanen, to set the date for Monday, July 10, 2006, with a start time of 6:30 PM. Vote approved 3-2. James Xenakis and Mark Caggiano opposed. James Xenakis made a MOTION, seconded by Thomas Licciardello, to close the Warrant on Monday, June 19, 2006 at 10:00 PM. Vote approved 5-0. Board of Selectman Minutes June 12, 2006 3 The Town Manager gave the Board the text of the articles submitted by the citizen petition for the special town meeting and copies of the relevant bylaws and state laws referenced in the articles. A letter from Town Counsel discussing the applicability of certain charter requirements having to do with favorable recommendation on appropriations from the Finance Committee and the Board of Selectmen at Special Town Meetings. A listing of possible additional articles the Board may want to add to the warrant of the Special Town Meeting. Also a possible charge for an ad hoc committee to assist the Selectmen in developing a fee based trash disposal system. Articles submitted by citizen petition are as follows: Article 1. Establish a Solid Waste Services Enterprise Fund Article 2. Solid Waste Services Enterprise Fund Appropriation Article 3. Amend General Bylaws to Allow and Require that Solid Waste Services be Self-Supporting Article 4. Insert"or the Solid Waste Services Enterprise"into General Bylaws Chapter 115, Section 1 Article 5. Accept MGL Chapter 40 section 22f Regarding Setting Fees Article 6. Amend `Solid Waste/Recycling'Portion of FY2007"All Other Public Works"General Fund Appropriation Article 7. Authorization for the Utilization of MGL Chapter 44 Section 28c subparagraph (f) The Town Manager said that on Article 2 and Article 6 because they involve an expenditure of town funds they shall not be voted on a Special Town Meeting unless the Finance Committee and the Board of Selectmen have considered them previously and issued a written recommendation. The Town Manager also suggested adding the following articles to the warrant as follows: Article A. Amend General Fund Appropriation for FY07 Article B. Transfer from Available Funds for the purpose of funding the General Fund FY07 Article C. A vote to raise and appropriate $ funding through a town-wide election a Proposition 2%override Article D. To adopt a bylaw authorizing the Board of Selectmen to design and implement a comprehensive municipal solid waste disposal system Article E. To raise and appropriate funds for funding a collective bargaining agreement Article F. To establish a 3rd cell tower at the Stevens Estate Mark Caggiano said he wanted to add another Article by which the town would designate 1600 Osgood Street as a 40R Zone. If the town voted for this, the town would get additional money from the state and the town would have control over the design. The Town should still continue working with the owner and developers in good faith. This is a win/win situation for both the town and the owner. This would bring insignificant tax dollars as well as benefit the owners of the property. A proposal would have to be submitted to the State and the Board of Selectmen would have to have a Public Hearing 7-14 day before Special Town Meeting. Selectman Xenakis echoed Caggiano saying that if the Board acted on this 40R zoning, that it would encourage the property owner and developer to be more forthcoming with their design plans. Mark Caggiano made a MOTION, seconded by James Xenakis, to place on the warrant an article to designate the property located at 1600 Osgood Street, known as Osgood Landing, as previously applied to by the Community Development Department roughly 35 acre parcel to be designated as a 40R property in keeping with the existing application. Vote approved 5-0. Chairman of the Solid Waste Advisory Committee Tina Kline spoke about various ways of educating the public about a municipal solid waste collection system and fee proposal plan. First of all was to have the Board of Selectmen setup an ad hoc committee that consisted of a cross-section of the community and key municipal positions. Second a mission statement for this committee to make recommendations to the Board of Selectmen for the funding of the trash and recycling budget. Third is to have a goal to ensure that the revenue is sufficient to cover the full amount of the trash and recycling budget. Fourth would be to recommend implementation steps including a publicity plan, a start date, enforcement policy, and steps to address illegal dumping. All of these recommendations would be brought forth before the Board of Selectmen for discussion on or before July 1, 2006 and shall be presented to Special Town Meeting. James Xenakis made a MOTION, seconded by Mark Caggiano, to create the "PAY7 Design Task Force and to designate Selectmen Mark Caggiano and Daniel Lanen to serve on this committee and to recruit other members. Vote approved 5-0. Board of Selectman Minutes June 12, 2006 4 NEW BUSINESS: Boston Hill Conservation Restriction As part of an anticipated construction of a housing development on Boston Hill, the developer is required to sign over to the town a conservation restriction. The Conservation Commission has already signed these legal documents and the Board was asked to approve and to sign the legal documents. James Xenakis made a MOTION, seconded by Mark Caggiano, to approve and sign the Boston Hill Conservation Restriction. Vote approved 5-0. Fire Department request to fill vacancies At the Board's last meeting a decision was made to freeze all hiring due to the current fiscal situation. Fire Chief Dolan asked the Board to consider giving him permission to move forward with the hiring of a lieutenant to replace one who would be retiring on June 29, 2006, and then to begin the process of replacing the fire fighter who is promoted to lieutenant. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to authorize the Fire Chief to fill the vacancy of the Fire Lieutenant. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to authorize the Fire Chief to start the process of hiring a firefighter to fill the that vacancy. Vote approved 4-1. James Xenakis opposed. DEP Recycling Program DPW Director Bill Hmurciak requesting the Board's Chairman to sign an application for the Town of North Andover to be a DEP approved recycling program (DARP). This would continue to allow the town's solid waste loads not be inspected at the Wheelabrator Plant. James Xenakis made a MOTION, seconded by Mark Caggiano, to authorize the Chair to sign the DARP grant. Vote approved 5-0. Board of Selectmen Meeting Schedule 2nd half of 2006 Mark Caggiano made a MOTION, seconded by James Xenakis, to approve the Meeting Schedule presented by the Town Manager as follows: July 10, 24, August 14, 28, September 11, 25, October 10, 23, November 6, 20, December 4, 18. The Chair may call additional meetings if necessary. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Manager informed the Board that Town Counsel was instrumental in directing a Homeowner on Waverly Road to tear down his burnt out building. ADJOURNMENT: James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:25 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board