HomeMy WebLinkAbout2014-04-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 28, 2014
CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 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 Tracy Watson, to approve the Open Session Minutes
of April 16, 2014, as written. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by William Gordon, to release Executive Session
minutes from calendar year 2008 as follows: 5/13/08 (partial), 5/19/08 (partial), 7/14/08 (partial), 8/11/08
(partial), 9/8/08 (partial), 10/20/08 (partial), and 11/3/08 (partial). Vote approved 5-0.
COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT:
Economic Development Self-Assessment
Curt Bellavance Director of Community Development briefed the Board of a program to assess the Town
by Dr. Bluestone of the Dukakis Center. The assessment will evaluate the strengths and weaknesses
that exist in the town and do a comparison with other communities like North Andover. There will be a
kick-off meeting in early June and a report back in September or October.
Announcements
Sheep Shearing Festival is on Sunday, May 18, 2014. Cow Pie Bingo squares are available at local
stores.
Opening Day for Little League Baseball is Saturday, May 3, 2014 starting with a parade down Main
Street.
Selectmen wish William Gordon a Happy Birthday.
The Cyr Center is open until May 10, 2014 for drop-offs of leaves and brush. Northside will collect leaf
and yard waste in biodegradable bags.
Earth Day is May 3, 2014 and Arbor Day will be May 14, 2014.
There will be a Public Meeting held at Town Hall on May 8, 2014 at 7:00 p.m. regarding the High Street
road improvements.
Donald Stewart requested the chairman take the Public Hearing for road way layouts out of order.
PUBLIC HEARINGS:
Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to enter a Public Hearing on the
road layout of Nutmeg Lane, Periwinkle Way and Thistle Road.
Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Richard Vaillancourt,
and Tracy Watson yes. Vote approved 5-0.
Nutmeg Lane, Periwinkle Way and Thistle Road
Town Counsel has reviewed and approved as to form the conveyance documents submitted by the
developer's counsel and recommend that the Selectmen approve the layout of Nutmeg Lane, Periwinkle
Way and Thistle Road as public ways.
Board of Selectmen Minutes April 28, 2014 2
William Gordon made a MOTION, seconded by Tracy Watson, to close the Public Hearing on the road
layout of Nutmeg Lane, Periwinkle Way and Thistle Road. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen recommend
acceptance of Nutmeg Lane, Periwinkle Way and Thistle Road as public ways, and declare that public
necessity and convenience require the aforesaid ways to be laid out and do hereby order and direct that
said ways be laid out as shown on Plan of Land entitled "Street Layout Plan, Nutmeg Lane, North
Andover, Massachusetts, Date: December 19, 2007, Scale: 1" =42, prepared for North Andover Land
Corp.," by Hayes Engineering, Inc., Wakefield, MA Plan entitled "Street Layout Plan, Periwinkle Way,
North Andover, Massachusetts, Date: December 19, 2007, Scale: 1" =42, prepared for North Andover
Land Corp.," by Hayes Engineering, Inc., Wakefield, MA Plan entitled "Street Layout Plan, Thistle Road,
North Andover, Massachusetts, Date: December 19, 2007, Scale: 1" =42, prepared for North Andover
Land Corp.," by Hayes Engineering, Inc., Wakefield, MA, and to accept deeds to the streets and all
related easements shown on said plans." Vote approved 5-0.
Empire Drive
Tracy Watson made a MOTION, seconded by William Gordon, to open the public hearing on the road
layout of Empire Drive. Vote approved 5-0.
Town Counsel had advised that Selectmen to open and continue this hearing until the Selectmen's
meeting on May 12, 2014 in order to allow time to receive and review final executed conveyance
documents and title certification.
Richard Vaillancourt made a MOTION, seconded by William Gordon, to continue the public hearing on
Empire Drive until all final executed conveyance documents and title certification is in order. Vote
approved 5-0.
Woodlea Road
Town Counsel informed the Board that the developer said he is unable at this time to obtain all necessary
signatures and approvals on the conveyance documents and approval of the Executive Office of Energy
and Environmental Affairs of the Conservation Restriction related to the subdivision. Therefore, the
developer has requested that this matter be withdrawn.
CONSENT ITEMS:
Frank Romano of the Museum of Printing requests to close Massachusetts Avenue on Sunday, June 15,
2014 from 10:00 a.m. to 4:00 p.m. for the 11 In Annual Printing Arts Fair.
William Gordon made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen
approves the request of Frank Romano of the Museum of Printing to close Massachusetts Avenue, from
Osgood Street to Academy Road, for the 11th Annual Printing Arts Fair on Sunday, June 15, 2014 from
10:00 a.m. to 4:00 p.m. Vote approved 5-0.
Maximum Useful Life of Equipment
The 2013 Annual Town Meeting approved the Capital Improvement Plan for Fiscal Year 2014. By
statute, the Board is required to establish the maximum useful life of equipment bonded for a period of
more than five years.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen vote the
maximum useful life of the department equipment listed below be financed with the proceeds of borrowing
authorized by the vote of the Town passed May 21, 2013 (Article 20)and is hereby determined pursuant
to MGL c44, §7(9)to be as follows: Vote approved 5-0.
Line Amount Description Useful Life
1 $239,312 Ambulance 10 years
5 $230,000 Front End Loader 10 years
11 $125,000 Tractor and Brush Cutter 10 years
Request to Dispose of Surplus Equipment— Information Technology Department
Information Technology Director Matt Killen is requesting to dispose of assets that has been determined
to be of no value to the Town
Board of Selectmen Minutes April 28, 2014 3
William Gordon made a MOTION, seconded by Tracy Watson that the Board of Selectmen approves the
request of IT Director Matt Killen to dispose of surplus computer equipment per his memo to the Town
Manager dated April 22, 2014. Vote approved 5-0.
Appointments to Utility Abatement Review Board
The Utility Abatement Review Board is responsible for reviewing water and sewer charge issues of
residents and businesses. The Board is only active when a complaint/issue is received. The most recent
activity of the Board was in 2010. The policy states the Utility Abatement Review Board shall consist of a
Selectman, a resident, and the Finance Director/Town Accountant. The current Selectmen on the Utility
Abatement Review Board are William Gordon and the current resident is Donald Stewart. The Board
needs to decide whether to continue with these appointments or seek new interest.
The Selectmen had a brief discussion about this and decided to keep the policy as is.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen will keep
the policy as is for another two year term. Vote approved 5-0.
Release of Town Counsel opinion regarding eminent domain
Several public requests have been received for a copy of the Town Counsel's opinion regarding eminent
domain provided to the Board. Town Counsel recommends the Board vote to release the opinion.
Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen release Town
counsel's opinion regarding eminent domain. Vote approved 5-0
Endorsement of"North Andover Middle School— North Andover, Massachusetts—Safe Routes to School
Infrastructure Program" Grant.
Last June, the Board was presented with a preliminary assessment prepared by MassDOT for a `Safe
Routes to School Infrastructure Program' for the North Andover Middle School. In September the Board
endorsed the report and sent a letter of support to MassDOT. The Board is being asked to endorse and
support this expanded grant program.
Gene Willis, DPW Engineer gave an overview of the program and the changes that MassDOT has
proposed. This grant will be fully funded by the state.
Donald Stewart made a MOTION, seconded by William Gordon, that the Board of Selectmen endorse the
North Andover Middle School— North Andover, Massachusetts—Safe routes to School Infrastructure
Program' Grant. Vote approved 5-0.
Richard Vaillancourt requested to move Licensing out of order.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Elie Khoury request a Common Victualler License for Joe' Flaming Kabob, In. (d/b/a Dominic's Diner) at
492 Sutton Street
Donald Stewart made a MOTION, seconded by William Gordon, that the Board of Selectmen, acting as
the Licensing Commissioners, approve a Common Victualler License for Joe' Flaming Kabob, Inc. (d/b/a
Dominic's Diner) at 492 Sutton Street. Vote approved 5-0.
Chipotle Mexican Gill of Colorado (dba Chipotle Mexican Grill, 93 Turnpike Street, request change of
manager.
William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting
as the Licensing Commissioners, approves a change of manager for Chipotle Mexican Grill of Colorado
(dba Chipotle Mexican Grill)at 93 Turnpike Street. Vote approved 5-0.
Phillip Hunter of Merrimack College requests a One Day Wine & Malt License at the Rogers Center on
May 10, 2014 from 5:00 p.m. to 9:00 p.m.
Board of Selectmen Minutes April 28, 2014 4
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen,
acting as the Licensing Commissioners, approves a One Day Wine & Malt License for Merrimack College
at the Rogers Center on May 10, 2014 from 5:00 p.m. to 9:00 p.m. 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.
CONSENT ITEMS:
Town Meeting Warrant Recommendations (continued from April 16th meeting
The Board was requested to vote their recommendations on Articles 29, 30, 31, 32 and 33.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to vote Unfavorable Action on
Article 29, Citizen's Petition—Authorization to Acquire Berry Street Property in an amount not to exceed
$2,500,000 without further Town Meetinq approval. Vote approved 5-0
Tracy Watson made a MIOTION, seconded by Richard Vaillancourt to vote Favorable Action on Article
30, Amend Zoninq Bylaw-Section 8: Supplementary Regulations by replacing Subsection 8.11: Wind
Facilities. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt voted Favorable Action on Article 31,
Amend Zoning Bylaw— Section 8: Supplementary Regulations by replacing Subsection 8.12:Medical
Marijuana Treatment Facilities. Vote approved 4-1. Richard Vaillancourt opposed.
William Gordon made a MOTION, seconded by Tracy Watson to vote Favorable Action on Article 32,
Amend Zoning Map—Medical Marijuana Treatment Facilities Overlay District. Vote approved 4-1.
Richard Vaillancourt opposed.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt to vote Favorable Action on Article
33, Amend Zoning Bylaw—Section 18:Downtown Overlay District. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Ask the Manager
Andrew Maylor answered questions from the public about various subjects regarding the budget, and a
decision not to raise taxes to the levy this year to 2'h%, but only to 1.75%
Position/Vacancy Log
Human Resources Director Cathy Darby provided a summary of the Updated Job Position/Vacancy Log.
Police Department Report
Police Chief Paul Gallagher provided a summary of March 2014 crime statistics.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:30 p.m. Vote
approved 5-0.
Adele J. Johnson
Executive Assistant
Richard Vaillancourt, Clerk of the Board