Loading...
HomeMy WebLinkAbout2014-04-16 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 16, 2014 CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 6:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile Chairman; Richard Vaillancourt, Clerk; Tracy Watson, Licensing Chairman; Donald Stewart, William Gordon, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by William Gordon, to approve the Open Session Minutes of March 31, 2014, as written. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by William Gordon, to release the following list of Executive Session minutes: 1/18/07 partial, 2/26/07 partial, 3/19/07 partial, 4/3/07 partial, 4/10/07 complete, 4/23/07 partial, 5/7/07partial, 5/14/07 complete, 5/15/07 complete, 5/21/07 complete, 5/29/07 complete, 11/5/07 complete. Vote approved 5-0. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT: North Andover High School Varsity Wrestling Team The Board presented a Certificate of Accomplishment to the Wrestling Team for becoming the Massachusetts Division II State Champions for the 2013-2014 seasons. Selectmen Meeting Schedule for Second Half of 2014 The Board was provided a suggested schedule of meetings for the second half of the year. The board was asked to review the dates and inform the Town Manager of any conflicts so adjustments could be made. The chair may change, delete, or add meetings as necessary. Selectmen and the Town Manager had a brief discussion on the condition of Route 125 which is a state highway. DPW Director Bruce Thibodeau is contacting the state MASSDOT to inquire about repairs to the road. The Town Manager announced that a Marathon will be happening in the Town of North Andover on Sunday, April 27, 2014. Residents should be aware of thousands of participants on the roads in North Andover. The Town Manager announced an increased scope to the Safe Routes to Schools project. The MASSDOT increased the budget from $640,000 to 1.2 million, which DOT will fund entirely. There will be a Public Meeting held for resident input and Town Engineer Gene Willis will attend the Board's next meeting to give an update. CONSENT ITEMS: Stevens Pond Update and 2014 Fees Rick Gorman Director of Youth & Recreation Services prepared a memo with an overview of the work done at the Stevens Pond and the events planned for the 2014 season. A fee schedule was attached; The Selectmen were asked to set fees and given two options. Option A sets fees at the same level as last years; Option B includes a $15 increase to "Season Car Pass" only. William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves the 2014 fees for Stevens Pond at last year's rates with no increases. Vote approved 5-0. Board of Selectmen Minutes April 16, 2014 2 Request by Tyler Bainbridge to close Woodcrest Drive for 3rd Annual "Longboard for Life"to benefit the American Cancer Society on Saturday, June 7, 2014 from 7:00 a.m. to 2:30 p.m. (continued from March Ti's meeting. Tyler Bainbridge returned with changes requesting approval to close Woodcrest Drive for the 3rd Annual Longboard for Life for the benefit of the American Cancer Society on Saturday, June 7, 2014 from 10:00 a.m. to 5:00 p.m. All relevant Town Departments recommended approval. Tyler said he posted on the Longboard website page and on Facebook that Long boarders should not be on Woodcrest Drive except on the day of the event and if they are caught and or reported they could not participate in the event. All the residents on the road were contacted and all but 2 did not reply regarding the event. Next year the event will be held a larger venue. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the request of Tyler Bainbridge to close Woodcrest Drive for the 3rd Annual Longboard for Life for the benefit of the American Cancer Society on Saturday, June 7, 2014 from 10:00 a.m. to 5:00 p.m. with the condition that each participant complete the waiver and release of liability form provided by the Town. Vote approved 5-0. Request by Elisa Goldberg to use Town Common for a "Boot Camp Workout"to benefit"Relay for Life", American Cancer Society on May 31, 2014 from 9:00 a.m. to 12:00 noon. Elisa Goldberg requested to use Town Common for a Boot Camp Workout Fundraiser on Saturday, May 31, 2014 from 9:00 a.m. to 12:00 noon; donations will benefit the Relay for Life event on June 6-7, 2014. Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen approves the request of Elisa Goldberg to use the Town Common for a Boot Camp Workout to benefit Relay for Life, American Cancer Society on May 31, 2014 from 9:00 a.m. to 12:00 noon. Vote approved 5-0. Acceptance of Donation from John Larkin ($25)to the Fire Department William Gordon made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen accepts the donations from John Larkin to the Fire Department in the amount of$25. Vote approved 5-0. Waiver of Building Fees for roof replacement project at Blue Ridge Road sewer pump station The Board was asked to approve waiving any and all building fees for the roof replacement project at Blue Ridge Road sewer pump station. Richard Vaillancourt made a MOTION, seconded by William Gordon, that the Board of Selectmen waives any and all building fees for the roof replacement project at Blue Ridge Road sewer pump station. Vote approved 5-0. Affordable Unit Resale— 1702 Dogwood Circle (Oakridge Village/Maplewood Reserve) The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing unit at 1702 Dogwood Circle (Oakridge Village/Maplewood Reserve is up for sale. It is recommended the Board not exercise its right of first refusal. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen declines the right of first refusal to purchase the affordable housing unit at 1702 Dogwood Circle (Oakridge Village/Maplewood Reserve). Vote approved 5-0. Requests by Columbia Gas of Massachusetts In accordance with M.G.L. c164 §70, the Board must give consent to the gas company to dig up and open the ground in any of the streets, lanes and highways of a town. The Department of Public Works recommends approval for these projects. Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of Columbia Gas of Massachusetts to excavate at 1049 and 1053 Salem Street for the purpose of cutting off service; to excavate at 31-37 Flagship Drive for the purpose to renew gas Board of Selectmen Minutes April 16, 2014 3 service; to excavate at 67 Chestnut Street, 60 Martin Avenue, 518 Salem Street, 1412 Salem Street, and 23 Beech Avenue for the purpose to install and maintain service. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen authorizes the Town Manager to approve future request by Columbia Gas for routine service which includes installing new gas service lines or cut-off service and maintenance. Vote approved 5-0. 2014 Annual Town Meeting Warrant Since the Board voted the warrant at their last meeting on March 31, 2014, changes have been made and incorporated into the warrant. These were small changes to language in various Articles and a message from the Town Moderator and the Finance Committee Report. The Board is requested to re-open the warrant, accept the 2014 warrant as presented and close the warrant. Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen re-opens the 2014 Annual Town Meeting Warrant. Vote approved unanimous 5-0. William Gordon made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accepts the 2014 Annual Town Meeting Warrant as presented. Vote approved unanimous 5-0. Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen closes the 2014 Annual Town Meeting Warrant. Vote approved unanimous 5-0. PUBLIC COMMENT: Chairman Rosemary Smedile said that if anyone had any public comment on any of the warrant articles that they could come to the podium and speak, Eric Loathe of North Andover Holdings, LLC commented on Article 29, citizen petition—authorization to acquire Berry Street Property in an amount not to exceed$2,500,000 without further Town Meetinq approval. Eric Loathe said that the development would only be using 6 to 7 acres to build on and 20 acres would be preserved and there would be no further development on the land because of conservation restriction and historical preservation. Nadine Levin commented on Article 14, citizen petition—Amend Article 6, by-law 112-2.4 approved by Town Meetinq on May 21, 2013, and to amend the Board of Selectmen's Regulations. Nadine Levin said that she is requesting that the Board exclude Pipe Dream Cupcakes from the food truck regulations regarding parking on Main Street and High Street since she was the only food truck in operation when Town Meeting in 2013, approved the regulations. Town Meeting Warrant Recommendations (w/exception of Zoning Articles) The Board was asked to vote their recommendations on Articles 1-29. The Board will vote on the four Zoning Articles at the next meeting on April 28th, 2014. Tracy Watson made a MOTION, seconded by William Gordon, to vote Favorable Action on Article 1, Reports on Special Committees. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, to vote Favorable Action on Article 2, Reports of Receipts and Expenditures. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article 3, Authorization of the Town Manager or Superintendent of Schools to sign Contracts in Excess of Three Years. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article 4, Authorization to Accept Grants of Easements. Vote approved 5-0. Board of Selectmen Minutes April 16, 2014 4 William Gordon made a MOTION, seconded by Tracy Watson, to vote Favorable Action on Article 5, Authorization to Grant Easements. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, Favorable Action on Article 6, Amend General Bylaws— Chapter 88: Dogs. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 7, Acceptance of Public Ways—Nutmeg Lane, Periwinkle Way, and Thistle Road. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 8, Acceptance of Public Ways—Empire Drive. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 9, Acceptance of Public Ways— Woodlea Road. Vote approved 5-0. William Gordon made a MOTION, seconded by Richard Vaillancourt, Favorable Action on Article 10, Transfer use of land located on Chickerinq Road and Prescott Street from `School purposes'to `municipal use'. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, Favorable Action on Article 11, Citizen's Petition—Petition the General Court—Age Exemption— William Gregory Gordon—Police Officer. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, Favorable Action on Article 12, Citizen's Petition—Petition the General Court—Age Exemption—Albert P. Manzi, 111—Police Officer. Vote approved 5-0. Tracy Watson made a MOTION, no second, Unfavorable Action on Article 13 Citizen's Petition—A Resolution to Support Passage of a Constitutional Amendment Providinq that Only Human Beings Have Constitutional Rights. MOTION FAILED for lack of second. Richard Vaillancourt made a MOTION, seconded by William Gordon, NO Action on Article 13, Citizen's Petition—A Resolution to Support Passage of a Constitutional Amendment Providinq that Only Human Beings Have Constitutional Rights. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, NO Action on Article 14, Citizen's Petition—Amend Article 6, By-law 112-2.4 approved by Town Meetinq on May 21, 2013 and to amend the Board of Selectmen's Regulations. Vote approved 3-2, William Gordon and Donald Stewart opposed. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 15, Set Salaries and Compensation of Elected Officials. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 16, Continue and Approve Revolving Funds. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 17, Approve Payment of Prior Year Unpaid Bills. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 18, Amend Capital Improvement Plan Appropriation from a Prior Year. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 19, Appropriation— General Fund for Fiscal Year 2015. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, Favorable Action on Article 20, Appropriation— Water Enterprise Fund for Fiscal Year 2015. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, Favorable Action on Article 21, Appropriation— Sewer Enterprise Fund for Fiscal Year 2015 Vote approved 5-0. Board of Selectmen Minutes April 16, 2014 5 William Gordon made a MOTION, seconded by Tracy Watson, Favorable Action on Article 22, Appropriation— Stevens Estate Enterprise Fund for Fiscal Year 2015. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, Favorable Action on Article 23, Appropriation— Capital Improvement Plan for Fiscal Year 2015. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 24, Report of Community Preservation Committee—Appropriation from the Community Preservation Fund. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart, Favorable Action on Article 25, Establish OPEB Stabilization Fund. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, Favorable Action on Article 26, Transfer of funds from Health Insurance Trust Fund to OPEB Stabilization Fund. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, Favorable Action on Article 27, Transfer to Capital Stabilization. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, Favorable Action on Article 28, Transfer to Stabilization. Vote approved 5-0. Tracy Watson made a MOTION, seconded by William Gordon, To Be Made at Town Meeting on Article 29, Citizen's Petition—Authorization to Acquire Berry Street Property in an amount not to exceed $2,500,000 without further Town Meeting approval. Vote approved 4-1. Donald Stewart opposed. Mr. Robert Ercolini spoke about Warrant Article 29 that this petition is to protect and to preserve historical structures, and the significance of the Berry Street Historical Cemetery while saving land for open space. In no way is the Town trying to prevent a 40B proposal from being built. LICENSING COMMISSIONERS: Richard Vaillancourt made a MOTION, seconded by William Gordon, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Eli Balin of Green Strides requests a One-Day Wine & Malt License for"The Earth, Rock, run"on Sunday, April 27, 2014, from 12:00 noon to 2:00 p.m. William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approves a One-Day Wine & Malt License for Eli Balin of Green Strides for "The Earth, rock, Run" at 1591 Osgood Street on Sunday, April 27, 2014 from 12:00 noon to 2:00 p.m. Vote approved 5-0. Fotios (Frank) Stamos requests a Wine & Malt Package Store License and Entertainment License for the Cork Stop, 1593 Osgood Street Donald Stewart made a MOTION, seconded by William Gordon, that the Board of Selectmen acting as Licensing Commissioners approves a Wine & Malt Package Store License and Entertainment License for the Cork Store, 1593 Osgood Street, North Andover. Vote approved 5-0. Nadine Levin of Pipe Dream Cupcakes, LLC requests a Mobile Food License After an explanation and discussion regarding this request for a Mobile Food License, the Board decided to Table this. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as Licensing Commissioners TABLE this item until after the Annual Town Meeting. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by William Gordon, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. Board of Selectmen Minutes April 16, 2014 6 OLD BUSINESS: Re-Vote: Accept"Determination of Surplus Land"from School Committee" Richard Vaillancourt made a MOTION, seconded by William Gordon, that the North Andover Board of Selectmen accept, per the provisions of MGL c40 § 15A, from the North Andover School Department, a portion of the land located on Chickering Road and Prescott Street described in an Order of Taking by the Town recorded with the Essex North Registry of Deeds in Book 1170, Pages 335 and 336, such portion being shown as "Lot A"on a sketch plan entitled "Central Fire Station High School Property", prepared by Sullivan Engineering and dated February 7, 2014, which was deemed surplus by the North Andover School Committee by unanimous vote on March 6, 2014. Vote approved 5-0. TOWN MANAGER'S REPORT: Fire Department Report Fire Chief Andrew Melnikas provided a Fire Department Activity Report for the month of March 2014. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:10 p.m. Vote approved 5-0. Adele J. Johnson Executive Assistant Richard Vaillancourt, Clerk of the Board