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Home My WebLink About2007-11-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 5, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: James Xenakis, Chairman; Thomas Licciardello; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss Pending Litigation and Collective Bargaining. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas Licciardello yes; James Xenakis yes. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Commission of Disabilities— Proiect Life Saver Jim Lyons, Chairman of the Commission requested that the Board endorse a new program called Project Life Saver, which is a lost person tracking system. Lyons also requested permission to conduct fund raising to pay for this program. The Fire Department and the Police Department are very supportive of this initiative and the Police Department has pledged $3,000 in Community Policing funds to offset the total cost of$7,100 for the system. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to endorse Project Life Saver and to approve fund raising to pay for this program. Vote approved 5-0. New Business Recognition The Board of Selectmen presented the following new businesses with Certificates of Appreciation: Walgreens, Nxstage Medical, Etrolz, Inc. and Hand Forged Works Appointments Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to appoint Terry Holland to the Recreation Commission. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to appoint Deborah Eaton to the Solid Waste Advisory Committee. Vote approved 5-0. Town Clerk: Update on Passport Regulations Joyce Bradshaw gave an update on Passport regulations. Veteran Day Observances The Patriotic Observance Committee is sponsoring the annual Veterans Day Parade and Observances on Sunday, November 11, 2007 beginning at 10:00 a.m. Public Ice Skating The North Andover Youth Services announced the startup of public skating at the Brooks school beginning Sunday, November 4, 2007 through February 2008, from 6:40 p.m. to 8:45 p.m. and the cost per skater is $3.00. CONSENT ITEMS: Permission to Fill Vacancies The Department of Public Works requested permission to fill two vacancies; Senor Water Analyst and Heavy Equipment Operator. Board of Selectmen Minutes November 5, 2007 2 Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approved the request of Filling Vacancies in the Department of Public Works. Vote approved 5-0. PUBLIC HEARINGS: Town Common Tree Maintenance Program Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to open the Public Hearing. Vote approved 5-0. Assistant Town Manager Ray Santilli said that as well as making improvements to the Old Center roadway project; the town has been making improvements to the Town Common. There have been improvements to the drainage system, which will eliminate standing water in the springtime. John Lavin, Tree Foreman from the department of Public Works undertook an extensive survey of the Town Common trees. Mr. Lavin was responsible for pruning to enhance both its appearance and health, and to remove a tree for a number of reasons. Mr. Lavin has contacted a tree arborist because there were several trees in the Town Common that were either hollow or diseased. The recommendation is to remove 18 trees and replace 10 trees. In order that there are no mistakes during removal, each tree was marked with orange paint. There will be a well thought out plan on how to replace the trees to enhance the beauty of the Common. There is one particular Beech Tree in the center of the Common that has a bleeding canker that kills the woody tissue of the trunks or branches and one half of this tree is already dead. The concern is that this bleeding canker could be contagious and this in fact could infect other healthy trees. The tree must not only be removed but the stump would need to be ground. It is also recommended that there would not be another tree planted in that spot. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to close the Public Hearing. Vote approved 5-0. OLD BUSINESS: Preparation for November 26, 2007, Special Town Meeting A draft warrant was presented to the Board for their review and signature. The property maintenance bylaw was significantly revised from the earlier version based on comments received from a number of sources. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to vote FAVORABLE ACTION on Article 1: Prior Years Unpaid Bills. Vote approved 5-0. Thomas Licciardello made a MOTION, seconded by Daniel Lanen, to vote UNFAVORABLE ACTION on Article 2: Amend General Bylaws— New Chapter 143 — Property Maintenance Code. Vote approved 4-1. Rosemary Smedile opposed. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to REMOVE Article 2 Amend General Bylaws— New Chapter 143— Property Maintenance Code from the Warrant. Vote approved 5-0 Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to vote UNFAVORABLE ACTION on Article 3: Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. Vote approved 4-0-1. Daniel Lanen abstained. Daniel Lanen made a MOTION, seconded by Mark Caggiano, to vote FAVORABLE ACTION on Article 4: Acceptance of MGL Chapter 138, Section 12, 14 Paragraph —Sale of Liqueurs and Cordials. Vote approved 5-0. Note: James Xenakis recused Board of Selectmen Minutes November 5, 2007 3 Mark Caggiano made a MOTION, seconded by Daniel Lanen, to vote FAVORABLE ACTION on Article 5: Petition the General Court—Special Act—Change in Liquor Quota-All Alcoholic Beverages for Package Stores—350 Winthrop Avenue (#342 Winthrop Avenue for 911 purposes) —Wine/Beer at the Andovers. Vote approved 4-0. Note: James Xenakis returned Mark Caggiano made a MOTION, seconded by Daniel Lanen, to sign the Warrant. Vote approved 5-0. Nomid Trust Revised Water Use Proposal Attorney Domenic Terranova at the behest of his client NOMID Trust asked the Board to consider a revised document agreement as a possible way to address the current stalemate between the town and NOMID Trust concerning the provision of water at their industrial site on Sharpners Pond Road. Selectmen reviewed the revised document and said that this does not benefit the town of North Andover, but is all in the owner's favor. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to not consider going back into discussions with NOMID Trust. Vote approved 5-0. NEW BUSINESS: Verizon Cable Preliminary Proposal Verizon Regional Director Stanley Usovicz, Jr. approached the town about the possibility of proving cable television services in North Andover. In addition, Verizon is asking the town to request a waiver of two DTC requirements. The first waiver would reduce the period for filing a franchise application from sixty days to thirty days. The second waiver would eliminate the requirement for the town to advertise in a national trade journal. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to waive the filing period from sixty days to thirty days. Vote approved 4-1. Mark Caggiano opposed. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to waive the requirement for the town to advertise in a national trade journal. Vote approved 5-0. The Town Manager also said there are two vacancies of the Cable TV Committee and if anyone was interested in sitting on that committee, to please submit a letter of interest to the Town Manager. TOWN MANAGER'S REPORT: Town Accountant Lyne Savage summarized the result of the School Building Authority audit of the Middle School project and its impact on the town's state reimbursement. Police Officers Brendan Gallagher and Jarrad Lawlor are scheduled to graduate from the Lowell Police Academy on Thursday, November 15, 2007. ADJOURNMENT: Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 8:45 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board