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Home My WebLink About2009-04-27 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 27, 2009 CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLIGIANCE ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Tracy M. Watson, Clerk; William F. Gordon; Daniel P. Lanen; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Tracy Watson made a MOTION, seconded by William Gordon, to move into Executive Session to discuss Collective Bargaining. Vote approved 4-0. Note: Richard A. Nardella, Licensing Chairman arrived at 7:10 p.m. APPROVAL OF MINUTES: Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the minutes of April 13, 2009, Executive Session as written and Open Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition The Board presented a Certificate of Appreciation to Fabulous Findz Trading Company, 85 Main Street for locating their business in town. Town Wide Clean-up Day May 2nd The Town will be holding an Earth Day Clean-Up on May 2, 2009 from 8:30 a.m. to 3:30 p.m. Residents and Businesses are encouraged to participate. If you plan to volunteer in any part of Town, please RSVP Norm Bagley (recycle townofnorthandover.com) or 978-208-7068. Check-in at the Recycling Drop-off Center at 384 Osgood Street to pickup Trash Bags & Canvas Gloves. Appointment of Inspector of Animals The Town has reappointed R. David Lindsay as Inspector of Animals through April 30, 2010 and the Commonwealth of MA has approved the appointment. Stevens Pond Update/Recommendation on User Fees Director of Youth and Recreation Services Rick Gorman presented a review of the upcoming season at Stevens Pond and gave an update on the renovations. Stevens Pond will be open from June 24, 2009 through August 21, 2009 from 9:30 a.m. to 7:00 p.m. The Board was asked to set the fees for the season. There were two proposed recommendations; Proposal 1 would keep the rates the same as last year with a deficit and Proposal 2 would meet expenses and be self-funded. Proposal 1: Season Car Pass $75, Swimming Lessons $50, Daily Adult Pass $12, Season Pass Non- Profit $150, Season Pass for Profit $250, Additional Sticker$20. Estimated revenue would be $30,096. Proposal 2: Season Car Pass $95, Swimming Lessons $75, Daily Adult Pass $15, Season Pass Non- Profit $150, Season Pass for Profit $250, Additional Sticker$20. Estimated revenue would be $38,765. Richard Nardella made a MOTION, seconded by Tracy Watson, to set and keep the Stevens Pond rates the same as last season on Proposal 1. Season Car Pass $75, Swimming Lessons $50, Daily Adult Pass Board of Selectmen Minutes April 27, 2009 2 $12, Season Pass Non-Profit $150, Season Pass for Profit $250, Additional Sticker$20. Estimated revenue would be $30,096. Vote approved 5-0. Pre-Town Meeting Town Moderator Charles Salisbury is holding a Pre-town Meeting on Wednesday, April 29, 2009 at Town Hall starting at 7:00 p.m. The intent of this meeting would be to have a forum where articles can be discussed (in advance of town meeting)for educational purposes and exchange of ideas. The public is invited to attend this informational night. Comments from the Board Chairman Rosemary Smedile congratulated Selectman Daniel Lanen on competing in the Boston Marathon. Chairman Rosemary Smedile requested that the Town Manager draft a letter to Massachusetts Legislatures to reconsider their vote and rescind the proposed increase in the state sales tax increase from 5%to 6.25%. The letter should also be sent to other Merrimack Valley communities encouraging them to write to their Legislatures. This proposed sales tax increase would hurt businesses because of the close proximity to the New Hampshire border. Comments from the Public Donald Stewart of Prospect Street commented that he was at the State House recently and noticed in the Hall of Flags that the Town of North Andover's flag was missing. CONSENT ITEMS: Right of First Refusal, 180 Chickering Road, Unit 303 and 3 Harvest Drive, Unit 206 Two affordable housing units are on the market. The Board was requested to vote not to exercise its right of first refusal on these properties and authorized CHAPA, on the Town's behalf to find buyers who meet the affordable housing guidelines. Richard Nardella made a MOTION, seconded by Tracy Watson, not to exercise their first right of refusal on 180 Chickering Road, Unit 303 and 3 Harvest Drive, Unit 206 and to authorize CHAPA to find buyers. Vote approved 5-0. OLD BUSINESS: Preparation for Annual Town Meeting Stevens Estate Budget Tracy Watson made a MOTION, seconded by Daniel Lanen, to move forward with the Town Manager's recommendations budget for the Stevens Estate as put forward by the Board of Trustees. Vote approved 5-0. Sewer Betterment Charge The Board was asked to set the betterment ratio for the so-called encapsulated area of the Town. DPW Director Bruce Thibodeau made recommendations for a betterment percentage charge at 50%. Tracy Watson made a MOTION, seconded by Richard Nardella, to set the betterment charge at 80%. After a lengthy discussion whether or not to go forward with the CWMP (encapsulated area) the Board did not come to a decision on a betterment charge. Selectman Smedile, Lanen, and Gordon did not support the project at this time. The Board decided to TABLE this topic and discuss it again at their next meeting. Tracy Watson WITHDREW the MOTION. Board of Selectmen Minutes April 27, 2009 3 FY10 General Fund Operating Budget The Town Manager said that the Chairs and Vice Chairs met today and agreed to go to Town Meeting with an unbalanced budget. Once more information comes forth from the stimulus package and state revenue, and then the Town would be able to have another Town Meeting to balance the budget. Continued review of Article Recommendations Tracy Watson made a MOTION, seconded by William Gordon, to recommend Favorable Action on Article 7 Amend FY09 General Fund Budget Adjustments. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Tracy Watson, to recommend Favorable Action on Article 35 Petition General Court— Special Act— Change in Liquor Quota—All Alcoholic Beverages for Package Stores— Virginia, Inc. d/b/a/J&M Convenient Store and Deli located at 701 Salem Street. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to recommend Unfavorable Action on Article 37 Circulation of Charter Revision or Adoption Petition. Vote approved 5-0. NEW BUSINESS: Edgewood Preservation Restriction The North Andover Historic Commission has requested to have a Historic Preservation Restriction granted by Edgewood for The Deacon John Osgood House, which is located on Edgewood's property. The Restriction would be granted to the Trustees of Reservations, the group that currently holds the other two Open Space Restrictions on Edgewood's property. The term of the Restriction is in perpetuity. The Board is requested to approve the preservation restriction. Richard Nardella made a MOTION, seconded by William Gordon, to approve the Preservation Restriction for the Dean John Osgood House located on Edgewood's property and the term of the Restriction is in perpetuity. Vote approved 5-0. Proposed Middleton Adult Entertainment Zone The Town of Middleton is proposing to locate an adult entertainment zone on the border of North Andover in the vicinity of Sharpner's Pond Road and not the border of Lynnfield, Peabody or North Reading. The Planning Board voted unanimously to endorse the district abutting North Andover. The upcoming Middleton Town Meeting on May 12 will ultimately decide to establish the district. After reviewing the zoning and map overlay, the Town of North Andover strongly opposed this site because of its proximity to a pre-school, residential district, and playing fields. Chief Richard Stanley, Youth and Recreation Director Rick Gorman voiced their opinions about the problems that could arise with an Adult Entertainment District located so close to children facilities and residential areas. Selectman Rosemary Smedile recommended that Town Manager set up a meeting with the Middleton Town Manager and Board of Selectmen to offer them advice and help with this matter. Andover/North Andover Inter-Municipal Agreement The Board is requested to approve an Inter-Municipal Agreement with Andover and North Andover, which will allow Andover to rent our sewer line cleaning truck. Andover benefits from not having to purchase its own truck and North Andover benefits from receiving rental income from a currently under-utilized asset. Richard Nardella made a MOTION, seconded by Tracy Watson, to approve the Inter-Municipal Agreement between Andover and North Andover to rent a sewer line cleaning truck. Vote approved 5-0. Notice of Keno Monitor Installation, Artie's Corner Convenience Store The Massachusetts Lottery is offering KENO to Go to Artie's Corner, 4 Main Street to install a Keno monitor at their location. The Board has 21 days to submit written objections. If there are no objections, the Board takes no action. Board of Selectmen Minutes April 27, 2009 4 Note: Daniel Lanen recused Police Department Policies and Procedures The Board of Selectmen is requested to approve the Police Department Policies and Procedures. The documents are part of an on-going effort by the Police Department to become an accredited department. Richard Nardella made a MOTION, seconded by William Gordon, to approve the submitted Police Department Policies and Procedures. Vote approved 4-0. Note: Daniel Lanen returned TOWN MANAGER'S REPORT: Reminder that the Board will be meeting on May 4th, 11th, and 12th, before Town Meeting. ADJOURNMENT: William Gordon made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 10:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Tracy M. Watson, Clerk of the Board