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Home My WebLink About2010-04-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 12, 2010 CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLEGIANCE ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman;William F. Gordon; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss Collective Bargaining. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Daniel Lanen yes, Richard Nardella yes, Tracy Watson yes. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Executive Session minutes as written of March 22, 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Open Session minutes as written of April 5, 2010. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Appointment to Board of Health The Town Manager appointed Edwin Pease to the Board of Health and requested the Board's approval of his appointment. Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the Town Manager's appointment of Edwin Pease to the Board of Health. Vote approved 5-0. Public Comment Steven Tryder of 386 Chestnut Street had questions pertaining to the Wireless Bylaw Article and requested that copies of the old bylaw would be available at Town Meeting to compare with the new bylaw. Selectmen said they would take this under consideration but said it would be very confusing for the public. The Town is creating a brand new Wireless bylaw and an Overlay district. Mr. Tryder said that the Planning Board did not make extra copies of meeting packets available for the public as requested. Town Manger Mark Rees said that he directed Curt Bellavance to instruct the Boards and Commissions to make extra packets available for the public at their meetings. Mr. Tryder asked why the "Procedures for addressing complaints against appointed Boards/Commission members"was placed at the end of the meeting again. After a discussion the Chair and the Board agreed to take item IX-C under New Business out of order. NEW BUSINESS: Board of Selectmen Minutes April 12, 2010 2 Procedures for addressing complaints against Appointed Board/Commission members The Board was asked to approve a draft procedure for addressing complaints against certain public officials appointed by the Town Manager and the Board of Selectmen. Daniel Lanen made a MOTION, seconded by William Gordon, to approve the draft procedures for addressing complaints against appointed board and commission members. Vote approved 4-1. Richard Nardella opposed. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Community Preservation Committee—FY11 Funding Recommendations Chairman of the CPC John Simons presented the CPC fiscal year 2011 funding recommendations as follows: 1. Town Common scenic restoration and utility pole removal - $450,000 2. Ridgewood Cemetery restoration (phase 2) $70,000 3. Stevens Library walkway restoration - $50,000 4. Main Street fire house infrastructure refurbishment $22,500 5. Hay Scales building restoration (phase 2) $7.700 6. Affordable Housing reserve for future expenditure $182,400 7. Windrush Farm principal and interest payment $650,000 8. Rolling Ridge purchase of conservation restriction, public trail access & parking area $600,000 9. Windrush Farm parking area $15,000 CONSENT ITEMS: Festival Committee— request to use Town Common on July 3rd &July 4th and close Mass Ave. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the request of the Festival Committee to use the Town Common on Saturday, July 3 d from 4:00 p.m. to 8:30 p.m. and on Sunday, July 4th from 7:00 a.m. to 6:00 p.m. for the annual festivities and to close Massachusetts Avenue from Andover Street to Osgood Street on Sunday, July 4th from 10:00 a.m. to 2:00 p.m. Vote approved 5-0. Surplus Property—Wood Chips Director of Public Works Bruce Thibodeau requested the Board declare surplus 12,000 cubic yards of wood chips that exist at the Cyr Recycling Center. Once declared surplus the Town plans of selling the wood chips. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to declare as surplus 12,000 cubic yards of wood chips that are currently at the Cyr Recycling Center. Vote approved 5-0. Fox 25 Morning News Zip Trip request to broadcast live from Town Common Fox 25 Morning News requested to kick off their Zip Trip on Friday, April 30, 2010 with a live broadcast in North Andover at the Town Common from 5:00 a.m. to 9:00 a.m. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the initial request of Fox 25 Morning News Zip Trip to use the Town Common to broadcast live on Friday, April 30, 2010 from 5:00 a.m. to 9:00 a.m. Vote approved 5-0. Meetinghouse Commons—Acceptance of Sewer Pump Station and Water/Sewer Easement Tom Zahoruiko, manager of Meetinghouse Commons LLC, requested the Board accept the sewer pump station and water/sewer easement at this location. Public Works is recommending approval with the completion of several punch list item. Town Counsel recommended conditional approval to accept upon completion of the punch list as agreed to by Mr. Zahoruiko and the Public Works Director. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to conditionally accept the Assignment of Sewer Easement and Rights to Pump Station and Sewer Facilities from Meetinghouse Commons LLC, on the condition that the Board of Selectmen shall not sign, accept and record the above Board of Selectmen Minutes April 12, 2010 3 reference Assignment or Easement Agreement until Meetinghouse Commons, LLC has completed the work (as certified by the Department of Public Works) on the Meetinghouse Road Sewer Pump Station and the paving of a driveway providing access to the pump station as described I the "Evaluation of the Meetinghouse Road Pump Station" dated December, 2009, prepared by Weston & Sampson CMR, Inc., and the letter from Dennis L. Bedrosian, Plant Superintendent to Mr. Thomas Zahoruiko, dated December 9, 2009, and on the further condition that all of said work shall be completed before July 1, 2010, and that counsel for Meetinghouse Commons, LLC shall provide current certifications of title upon completion of the work. Vote approved 5-0. PUBLIC HEARING: National Grid Pole Petition Plan #WR818884422 Richard Nardella made a MOTION, seconded by William Gordon, to approve the pole petition by National Grid for the removal and installation of SO utility poles for installation of line re-closers for the MBTA in the area of 27 Charles Street. Vote approved 5-0. NEW BUSINESS: Stevens Pond User Fees for 2010 Director of Youth and Recreation Services Rick Gorman gave an overview of all the renovations and programs for the 2010 summer season and presented two options for user fees at Stevens Pond. The first option was based on the 2009 rates and the second option is based on being self sufficient to meet the expenses for 2010. The Board was asked to vote and set the rates for the 2010 summer season. William Gordon made a MOTION, seconded by Daniel Lanen, to vote for Option #1 fees to remain at the 2009 rate. Vote approved 5-0. Youth & Recreation Services—Summer Programming Director of Youth and Recreation Services Rick Gorman presented the lineup of the summer Children's shows every Tuesday and Thursday morning at 10:00 a.m. July 6th to August 17th at the Town Common and the Sunday evening at 6:00 p.m. Band Concerts on the Town Common from July 11th to August 29. The Youth and Recreation Department will also be holding their annual Carnival on April 29—May 1, 2010 at 1600 Osgood Landing. OLD BUSINESS: Preparation for Annual Town Meeting The Town Manager explained that the Finance Committee voted on their recommended FY11 General Fund Budget which was different than the Town Manager's recommended budget. There was a lengthy discussion about the various line items and recommendations. The Board was asked to consider re-opening the Warrant to include a specific article pertaining to a transfer of$236,973 to the Stabilization Fund. The Town Manager said that the Board had to have a unanimous vote to officially open the warrant. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to open the Warrant. Vote was not unanimous and failed 4-1. Daniel Lanen opposed. The Town Manager requested that the Board delete from the Warrant; Article 34 Amend Zoning Bylaw Section 9.3 pre-existing non-conforming single family residential structures and uses in R1,R2, R3, R4 and R6 districts. Richard Nardella made a MOTION, seconded by Daniel Lanen, to delete Article 34 Amend Zoning Bylaw Section 9.3 pre-existing non-conforming single family residential structures and uses in R1, R2, R3, R4 and R6 districts. Vote approved 5-0. Board of Selectmen Minutes April 12, 2010 4 The Town Manager requested that the Board Amend Article 19 Fire Department Contract Award and delete the New England Police Benevolent Association (NEPBA) and the International Brotherhood of Police Officers (IBPO) Collective Bargaining Agreements of Article 19 Fire Department Contract Award. Richard Nardella made a MOTION, seconded by William Gordon, to Amend Article 19 by deleting the New England Police Benevolent Association (NEPBA) and the International Brotherhood of Police Officers (IBPO) Collective Bargaining Agreements of Article 19 Fire Department Contract Award. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town Manager announced the Town's Cable Media station has begun streaming live broadcasts of the Board of Selectmen and School Committee meetings through their website. The Town Manager gave the Board an update of the Essex Regional Retirement Board. Chairman Timothy Bassett was fired by the ERRB Board of Directors after the audit done by PERAC. PERAC appointed Town Manager of Swampscott Andrew Maylor to take over as Chairman. The Senate is in the process of passing a reform bill for restructuring the ERRB. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 10:05 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board