HomeMy WebLinkAbout2006-06-19 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 19, 2006
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 Connelly Smedile, Chairman; James Xenakis;
Daniel P. Lanen; Mark J.T. Caggiano; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli,
Assistant Town Manager and Thomas Urbelis, Town Counsel.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Thomas Licciardello, to approve the Open Session
Minutes of June 12, 2006, as Amended and the Executive Session Minutes of June 12, 2006 as written.
Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Vietnam Fallen Heroes Memorial Dedication, June 24, 2006
Director of Veterans Services Ed Mitchell informed the Board that the Dedication Ceremony of the
Vietnam Fallen Heroes Memorial will be postponed because of various reasons and would be
rescheduled. Date to be announced.
Residents Peter Reed, 92 Bonny Lane, Kimberley Dawley, 95 Hickory Hill Road, and Ted Tripp, 62
Boston Road, voiced their opinions and then asked questions as to what solutions the Selectmen had
regarding services being cut, the unbalanced budget, the Special Town Meeting and specifically the
Warrant Articles on a Trash Program and a Proposition 2'h override.
Chair of the Solid Waste Advisory Committee Tina Klein, gave a brief presentation of what the "Pay as
you throw" (PAYT) ad hoc committee discussed as a proposed plan for trash disposal fees.
Selectmen gave some alternative suggestions and ways to reduce the school budget such as increasing
the school lunch program and the consolidation of administrative positions within the school and
municipal departments, also recycling paper and cardboard within municipal buildings.
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 Rosemary Smedile, to approve a One-Day Wine & Malt
License requested by Ray Lynch for the Dawn Fraser Fund Raiser, on Saturday, June 24, 2006, at 505
Sutton Street, field behind the Knights of Columbus. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing.
Vote approved 5-0.
OLD BUSINESS:
July 10, 2006, Special Town Meeting
The Town Manager asked the Board to vote to place articles on the warrant for the Special Town
Meeting. There are seven petition articles submitted with the minimum 100 signatures and six proposed
articles for consideration. Four of the articles A, B, C, D have to do with addressing the current
unbalanced budget; E request authorization to have a greater than three year lease a the Stevens Estate
Cell Tower Site and the last articles F &G concern the 40-R zoning at the former Lucent site 1600
Osgood Street.
James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article A on the warrant.
Vote approved 5-0.
Board of Selectmen Minutes June 19, 2006 2
A. Amend the General Fund Appropriation for FY07 as voted under Article 18 of Annual Town
Meeting 2006.
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to place Article B on the warrant.
Vote approved 4-1. James Xenakis opposed.
B. To Establish any new Stabilization Fund(s) or vote appropriations into or out of any existing
Stabilization Fund(s)
Thomas Licciardello made a MOTION, seconded by James Xenakis, to place Article C on the warrant.
Vote failed 0-5. All opposed.
C. Town to Vote to raise and appropriate $1.6 million for the purpose of funding the operating budget
of the Town and Public Schools beginning July 1, 2006, provided, however, that no such money
will be spent until the voters shall first approve at a town wide election a Proposition 2%override.
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to place Article D as Amended on
the warrant. Vote approved 4-1. James Xenakis opposed.
D. Town to Vote to delete in its entirety Chapter 1125, Garbage, Rubbish and Refuse of the Code of
North Andover and replace it with the following: The Board of Selectmen is authorized to
establish rules and regulations concerning solid waste collection and disposal within the
boundaries of North Andover. The rules and regulations, at a minimum, shall provide for the
following:
1. Compliance with all state laws and regulations governing the collection and disposal of
solid waste.
2. Compliance with all Board of Health regulations governing the collection and disposal of
solid waste. The Board of Health and the Board of Selectmen shall work cooperatively
so that each Board's rules and regulations complement each other and provide for a
consistent method of solid waste collection and disposal.
3. That the cost, both direct and indirect, of the collection and disposal of solid waste shall
be paid entirely by user fees, grants or sources other than general taxation. The Board of
Selectmen is authorized to set and amend fees for solid waste collection and disposal,
including provisions for elderly or needs based discounts, consistent with this bylaw.
4. Collection of solid waste shall be done at a minimum once a week and recyclable
materials at least once every two weeks.
5. A monetary incentive to recycle solid waste materials through a user fee system that is
graduated so that the more solid waste that is disposed, the higher the user fee.
6. Collection of solid waste and recyclables at each single detached single-family residence
and each multiple residence dwelling that contains fewer than nine units, although the
Board of Selectmen, through its rules and regulations, may provide for solid waste
collection and disposal services to be provided to other dwellings and buildings,
consistent with this bylaw.
7. The implementation of an effective recycling program at municipal and school buildings.
8. An annual report that provides detailed revenue and expense reports and amounts of
solid waste and recyclables collected.
9. An enforcement program to prevent illegal disposal of solid waste. Violations of
regulations shall be punished by a fine to be established by the Board of Selectmen and
which may be enforced by non-criminal disposition procedures in accordance with Mass.
Gen. Laws. Chapter 40, Section 21D.
Prior to adopting or amending rules and regulations, the Board of Selectmen shall conduct a
public hearing with notice provided in a newspaper of general circulation at least seven days prior
to the hearing. Said notice shall provide a summary of the proposed changes. Or take any
actions relative thereto. This bylaw will only take effect(1) after approval by the Attorney General
and (2) after the defeat of a Town wide referendum for a Proposition 2'h override for funding the
operating budget of the Town and public schools for the fiscal year beginning July 1, 2006.
Board of Selectmen Minutes June 19, 2006 3
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to place Article D1 as Amended on
the Warrant. Vote approved 3-2. James Xenakis and Rosemary Smedile opposed.
D1. To see if the Town will vote to allow the Treasurer/Collector to impose a lien on real
property located within the Town of North Andover for non payment of trash collection and
disposal user fees, said lien shall be known as the "municipal charges lien"pursuant to M.G.L.
Chapter 40, Section 58 or take any other action in relative thereto.
James Xenakis made a MOTION, seconded by Thomas Licciardello, to place Article E as Amended on
the Warrant. Vote approved 5-0.
E. To see if the Town will authorize the Board of Selectmen to grant an Easement and enter
into an agreement with OmniPoint Holdings, Inc. regarding a proposed sublease of the
telecommunications tower at Stevens Estate on terms and conditions that the Board of
Selectmen determine would be in the best interest of the Town, including, but not limited to, an
agreement in excess of 3 years, or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Mark Caggiano, to place Article E1 on the Warrant. Vote
approved 5-0.
E1. Organization of Town Bylaw, Chapter 59, Town Meetings: To see if the Town will vote to
reorganize some section numbers and section titles within Chapter 59 of the Code of the Town of
North Andover(Town Meetings), without any change of existing text within the bylaw. The
following changes are to correct transcription errors and numbering ambiguities in previously
adopted bylaws:
1. Change title of Section 59-5, from "Reconsideration of Articles", to "Information required for
consideration of articles", which was the title used when the bylaw was adopted under Article
44 of the 1988 Annual Town Meeting.
2. Establish that Section 59-6 is titled"Annual Town Meeting", as first adopted under Article 17
of the 1994 Annual Town Meeting, and contains the following two paragraphs, as voted under
Article 35 of the 2000 Annual Town Meeting: "Annual Town Meeting shall be held on the first
Monday in May at 7:00 p.m.
a. In Accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement
shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until
all articles in the warrant have been acted upon."
3. Establish that newly-numbered Section 59-7 is titled"Votes to be Declared by the Moderator",
and contains the following text, mistakenly voted to be Section 59-6, under Article 37 or the
1997 Annual Town Meeting:
"The Moderator may take all votes requiring a two-thirds majority in the same manner in
which he or she conducts the taking of a vote when a majority vote is required." Or to take
any other action relative thereto.
The Town Manager asked the Board to reconsider placing Article C on the Warrant.
Thomas Licciardello made a MOTION, seconded by Daniel Lanen, to place Article C as Amended on the
Warrant. Vote failed 2-3. Rosemary Smedile, Mark Caggiano and James Xenakis opposed.
The Selectmen had a lengthy discussion regarding Articles F &G pertaining to 1600 Osgood Street
rezoning Osgood Smart Growth Overlay District. Rosemary Smedile and Daniel Lanen thought the whole
process was being rushed and did not support the articles.
James Xenakis made a MOTION, seconded by Mark Caggiano, to place Articles F &G on the Warrant.
Vote approved 4-0. Rosemary Smedile opposed.
Board of Selectmen Minutes June 19, 2006 4
F. Amend North Andover Zoning Bylaw—New Zoning District—Section 17.0 Osgood Smart Growth
Overlay District(OSGOD)
To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section,
Section 17.0 OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD);And in connection
therewith to amend the North Andover Zoning Bylaw Section 3.1 "Establishment of Districts"by
adding the name OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD) or to take any
other action relative thereto.
G. Rezone a portion of land identified as 1600 Osgood Street— Osgood Smart Growth Overlay
District(OSGOD)
To see if the Town will vote to amend the Zoning Map of the Town of North Andover, pursuant to
Section 3.2 of the Zoning Bylaw, to add to the underlying zoning as an overlay, the OSGOOD
SMART GROWTH OVERLAY DISTRICT(OSGOD) shown as Proposed Lot"a"on plan of land
entitled"Assessors Map 34—Lot 17, 1660 Osgood Street, North Andover, MA, prepared for 1600
Osgood Street, LLC and prepared by MHF Design Consultants, Inc. dated May 5, 2006"or to
take any other action relative thereto
James Xenakis made a MOTION, seconded by Mark Caggiano, to set a date to hold a Public Hearing on
the Osgood Smart Growth Overlay District (OSGOD) on Wednesday, July 5, 2006 at 7:00 PM.
Vote approved 4-0-1. Rosemary Smedile abstained.
NEW BUSINESS:
Authorization to Borrow Funds
Finance Director Linda Casey requested the Board's authorization to borrow$900,000 in Bond
Anticipation Notes for certain capital projects. The amount of the borrowing is based on the amount that
would be expended by year-end on the projects and is required in order to fund this deficit for year-end.
This is a temporary borrowing of the State House Note program for short-term notes.
James Xenakis made a MOTION, seconded by Mark Caggiano, to authorize Finance Director Linda
Casey to borrow$900,000 in Bond Anticipation notes from the State House Note program. Vote
approved 5-0.
Authorization for Emergency spending related to recent floods
The Town has incurred a deficit in some line items as the result of the flooding in May. Even though the
town anticipates receiving a reimbursement from the Federal and State government for municipal
expenses, money would probably not be forthcoming until after the end of the fiscal year.
The Massachusetts Department of Revenue regulations require the Board of Selectmen authorize deficit
spending and to forward that authorization to the State.
Mark Caggiano made a MOTION, seconded by James Xenakis, to authorize deficit spending and to
forward that authorization to the State. Vote approved 5-0.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:20 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board