HomeMy WebLinkAbout2009-05-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 4, 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; Richard A. Nardella, Licensing Chairman; William F. Gordon; Daniel P. Lanen; Mark Rees, Town
Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION:
Richard Nardella made a MOTION, seconded by Tracy Watson, to move into Executive Session to
discuss Real Estate Matters. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
New Business Recognition
The Board presented a Certificate of Appreciation to two new businesses. The Meat House is a gourmet
butcher shop located within the Fine Foods at the Vineyard, Turnpike Street. The Shoppe on the
Common located at 5 Johnson Street is a retail gift shop.
Platinum Status Award from Massachusetts Bio-Technology Council
The Massachusetts Bio-Technology Council has honored the Town with its Platinum Level designation for
being a community that is committed to proactively supporting biotech facility opportunities. The Platinum
award is the Council's highest designation and only 17 communities statewide have achieved this level.
The Town Manager commended Curt Bellavance for his work and leadership in bringing this designation
to the town.
2009 Summer Band Concerts and Children Shows
The newly consolidated Youth and Recreation Services Department has contracted with a number of
performers to continue Bill McEvoy's annual tradition of summer shows for both adults and children.
Summer Band Concerts are on Sunday evenings (July 12—August 30) 6:00 p.m. on the North Andover
Town Common. The Children's Shows are on Tuesday and Thursday (July 7—August 20) at 10:00 a.m.
on the North Andover Town Common with a rain site of the Middle School Blaisdell Center. These
performances are made possible through the many generous donations from town businesses, civic
groups and individuals every year.
3rd Quarter Financial Report
Town Accountant/Budget Director Lynne Savage reviewed the 3rd quarter financial reports with the Board.
Revenue: Collections are at 74%, which is in line with what is expected compared to the same time last
year which was at 73.6%. Motor Vehicle Excise Taxes are still running low but based on recent
projections after reviewing the collection thru April 22, the budget is slightly below budget, but better than
previously anticipated. Payment in Lieu of taxes is received from the Housing Authority in the month of
March. Interest Income is reflecting collections through the first nine months of 75.1% slightly above
budget. The total revenue collected is at 74% for this point in the fiscal year.
Expenses: All departmental budgets are running either below or slightly above the 75% target. There are
a few exceptions such as Snow and Ice and a projected deficit in the Fire Departments line item contract
services. Based on the number of ambulance calls the budget projection is showing a short fall of
approximately $12,000, which as you know is offset by the increase in revenues for the additional calls.
With the budget reserves that were set aside in prior months, the town would be able to absorb these
deficits within the current year budgets and would need to address this at the May Town Meeting.
Board of Selectmen Minutes May 4, 2009 2
Water/Sewer Enterprise Funds:
Water revenue collections are at 68.7% with expenditures at 63.5%. Sewer revenue collections are a
69.8% with expenditures at 61%. Although both Water and Sewer are running similar in revenue
collections are lower due to lower water consumption. The town setup a budget reserve to ensure the
fund does not end the year with a deficit.
Stevens Estate:
Stevens Estate is still running an operating deficit. This fund continues to run an operating deficit from
month to month. Based on the projections this fund has a potential to have an approximate deficit on
June 30, 2009 of($116,410) 1 would like to reiterate that it is required by the Division of Local Services
that this deficit be covered prior to the town setting their 2010 tax rate, which means this will need to be
covered either at the May 2009 Annual Town Meeting by way of transfer from the general fund or in the
fall prior to the Tax Recap Sheet being submitted to the DOR.
Audit Committee Report
Richard Nardella said that the Audit Committee reviewed outside audit firms and chose Powers & Sullivan
to audit the Town's financials for the next three years. This firm is noted for its expertise in governmental
entities.
Foundation for Education
Tracy Watson encouraged everyone to "Shop in North Andover" on Tuesday, May 5, 2009. Many
businesses in Town would donate a portion of their proceeds to the "Foundation for Education".
CONSENT ITEMS:
Permission to close portion of Mass. Avenue for Sheep Shearing Festival
The Festival Committee requested permission to close Mass. Avenue in the vicinity of the Town Common
from 8:00 a.m. to 4:00 p.m. to allow parking for crafters and venders during the Sheep Shearing Festival.
Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the closing of Mass. Avenue
in the vicinity of the Town Common from 8:00 a.m. to 4:00 p.m. to allow parking for crafters and venders
during the Sheep Shearing Festival. Vote approved 5-0.
Request to Conduct Memorial Day Parade and Ceremony
Edward Mitchell, Chairman of the Patriotic Observance and Marching Committee requested a permit to
hold a parade and ceremony on Monday, May 25th, 2009 starting at 10:00 a.m.
Tracy Watson made a MOTION, seconded by Daniel Lanen, to approve the request to hold a parade and
ceremony on Monday, May 25th, 2009 starting at 10:00 a.m. Vote approved 5-0.
LICENSING:
Richard Nardella made a MOTION, seconded by Tracy Watson, to move into Licensing. Vote approved
5-0.
Merrimack College Requests one-day liquor licenses on May 29, & 30, 2009
Shawn DeVeau Dean of Student Life requests two liquor licenses for Reunion Weekend at Merrimack
College which will be held on Friday, May 29th in the Blue Line Club, Volpe Athletic Center from 7:00 p.m.-
11:00 p.m. and Saturday, May 30th in the Blue Line Club, Volpe Athletic Center from 5:30 p.m.-9:00 p.m.
Tracy Watson made a MOTION, seconded by William Gordon, to approve the request for the two one-day
liquor licenses on May 29 & 30, 2009 in the Blue Line Club, Volpe Athletic Center. Vote approved 5-0.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to add the Blue Line Club, Volpe Athletic
Center as a venue for serving alcohol for function activities with the proviso that notification is sent to the
Town Manager 30 days before the event. Vote approved 5-0.
Board of Selectmen Minutes May 4, 2009 3
Tracy Watson made a MOTION, seconded by William Gordon, to move out of licensing. Vote approved
5-0.
OLD BUSINESS:
Preparation for Annual Town Meeting
The Board was asked to make final recommendations on Articles not yet voted on.
Articles 8, 9, & 10
Article 8: Amend Water Enterprise Fund Appropriation for Fiscal Year 2009
Article 9: Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2009
Article 10: Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2009
Richard Nardella made a MOTION, seconded by William Gordon, to take No Action. Vote approved 5-0.
Articles 13, 14 &15
Article 13: General Fund Appropriation Fiscal Year 2010
Article 14: Transfer of Funds into the Stabilization Fund
Article 15: Appropriation of Additional Funds for the Stevens Memorial Library-Fiscal Year 2010 Budget.
Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action to accept the
compromised budget on the adjusted consensus budget and the elements of the MOU. Vote approved
5-0.
Article 22
Article 22: Capital Improvement Plan
There are two items for consideration under this article; the Sewer Extension Project and the inclusion of
the Modular Classroom project.
Tracy Watson made a MOTION, seconded by Richard Nardella, to set the betterment ratio at 100% for
residents who would benefit from the sewer service in the encapsulated areas. Vote approved 4-1;
Daniel Lanen opposed.
Richard Nardella made a MOTION, seconded by William Gordon, to take NO Action on Line item #4
Sewer Extension of Article 22 of the CIP. Vote approved 5-0.
Article 28
Article 28: Acquisition of Land— 188 Acres (Wind Rush Farm-Lacy Street) Using Community
Preservation Funds
Tracy Watson made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article 28.
Vote approved 4-1. Daniel Lanen opposed.
Article 32 & 33
Article 32: Amend Zoning Bylaw—Section 8.9 Wireless Service Facilities
Article 32 was submitted by the Planning Board and is a comprehensive rewrite of the wireless zoning by-
law. The revised zoning by-law deals with some of the issues that have been raised regarding wireless
facility installations over the past few years.
William Gordon made a MOTION, seconded by Daniel Lanen, to vote Unfavorable Action on Article 32.
Vote approved 4-1. Richard Nardella opposed.
Article 33: Amend Zoning Bylaw—Section 8.9(2)-Wireless Service Facilities, Definitions-Pre-existing
Structure.
Article 33 was submitted by a resident petition of Salvatore A. Russo and others
Board of Selectmen Minutes May 4, 2009 4
Richard Nardella made a MOTION,William Gordon seconded by, to vote Unfavorable Action on Article
33.
The Board said they needed addition information and Richard Nardella WITHDREW the MOTION.
Article 40
Article 40: Amend Zoning Bylaw—Add New Section—Section 18—Downtown Overlay District
Article 40 proposes to modify the zoning tools available to the Planning Board, Property Owners, and
Developers when making changes within the Downtown District.
Richard Nardella made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article 40.
Vote approved 5-0.
Article 41
Article 41: Amend Zoning Map—Downtown Overlay District
Article 41 proposes to amend the zoning map for the Town of North Andover to rezone the downtown
district.
Richard Nardella made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article 41.
Vote approved 5-0.
Article 42
Article 42: Amend Zoning Bylaw—Section 16.2— Corridor Development District 1—Permitted Uses
Article 42 seeks to amend the Corridor Development District 1 Permitted Uses to allow the additional use
of drive through restaurants along the West side of Turnpike Street (Rte. 114), East of Hillside Road.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article 42.
Vote approved 4-1. Richard Nardella opposed.
Article 43
Article 43: Amend North Andover Zoning Bylaw—Section 11.5 Planned Development District Uses
Article 43 proposes to allow the Planning Board additional flexibility in determining the appropriate types,
number, location and dimensions of signs to be permitted pursuant to a Planned Development District
Special Permit for a sign master plan.
Tracy Watson made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article 43.
Vote approved 5-0.
Article 46
Article 46: Petition the Legislature— Special Act to Incur Debt for the Purpose of Placing Utilities
Underground in the Old Center
Article 46 seeks to petition the Legislature Special Act to incur Debt to put utilities underground in the Old
Center.
The Town Manager gave three options to consider:
1) Asking the state legislatures to change the state law governing the undergrounding of utilities to
include services such as FIOS that are currently not covered under the 2% surcharge thus
increasing the 2% revenue and reducing the payback time of the debt.
2) Exploring other options to finance the undergrounding project such as Community Preservation
Funds under their Historical Preservation Component since the project is entirely within the Old
Center Historical District.
3) Compelling Verizon immediately to re-locate their poles from the sidewalks and roadways to
appropriate locations in the right of way, thus forcing them to make a decision regarding the cost
to relocate the poles and remove them and place the utilities underground.
Tracy Watson made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article 46.
Vote approved 5-0.
Board of Selectmen Minutes May 4, 2009 5
Finding of No Substantial Interest: Town Counsel Thomas Urbelis
Tracy Watson made a MOTION, seconded by Daniel Lanen, to hereby recognize that Town Counsel
Thomas J. Urbelis and the firm of Urbelis & Fieldsteel, LLP, will be providing services to Andover and
North Andover with regard to an Inter-municipal Agreement between the two towns for the shared use of
a sewer flusher truck owned by North Andover and that the Selectmen have determined that there is no
substantial interest which would be deemed likely to affect the integrity of the services which the Town
may expect from those attorneys. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Fire Department recently completed a successful training program on the safe operation of their
vehicles from the Emergency Vehicle Operational Strategies, Inc.
The Town Manager has been in touch with the Town Manager of Middleton for discussion of Middleton's
proposed Adult Entertainment site.
Congressman Tierney's office notified the Town about funding available for local communities under the
Transportation Grant Program for shovel ready projects.
Daniel Lanen made a MOTION, seconded by William Gordon to endorse an application for$3 million
dollars in support of the Machine Shop Village transportation project. Vote approved 5-0.
The Board's next meeting will be on Tuesday, May 12, 2009 at 6:00 p.m.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 9:15 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Tracy M. Watson, Clerk of the Board