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HomeMy WebLinkAbout2004-05-03 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 3, 2004 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at Stevens Memorial Library. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss real estate acquisition, negotiations with non-union personnel and negotiations with union personnel. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the minutes of Open Session and Executive Session of April 5, 2004. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Report from the Solid Waste Advisory Committee. Tina Klein outlined the steps for implementing the SWAC recommendation pertaining to the collection of visible recyclables. The following are highlights of the program: Education and outreach program for a period of three months; Instruct Waste Management to stop picking up visible recyclables (specifically cardboard) as of a specified date; Stickers to be placed on refused refuse would be provided by Waste Management. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adopt a proposal of the SWAC, phasing in the program for the removal of cardboard from the waste stream. Rosemary Smedile AMENDED the MOTION to instruct the DPW to work with the frail, elderly and handicapped to help them comply with this program. Vote failed Wendy Wakeman and Donald Stewart opposed, James Xenakis abstained. Mark Caggiano made a MOTION, that we pilot the cardboard program so that three months of education and for six months require the DPW monitor the reduction in the waste stream and report back to the Board to how much money was saved through the program. Failed for lack of second. The SWAC committee recommended eliminating the fee of$0.50 per 4ft bulb and $1.00 per 8ft for fluorescent bulb disposal. James Xenakis made a MOTION, seconded by Rosemary Smedile, to eliminate the fees for fluorescent bulb disposal. Vote approved 5-0. The SWAC committee recommended changing the appliance program to a bulk metal program. Residents would pay the DPW a non-freon rate of$25 for bulk metal items and $30 for freon appliances. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adopt the rate of$25 for bulk metal items and $30 for freon appliances. Vote approved 5-0. Earth Day Clean up. The Town Manager thanked SWAC and the many volunteers that worked on Earth Day Cleanup on Saturday, May 1, 2004. The Town Manager would like permission to send a letter of thanks to a list of participants. James Xenakis made a MOTION, seconded by Rosemary Smedile, to authorize the Town Manager to send thank you letters to Earth Day Cleanup Volunteers. Vote approved 5-0. Rosemary Smedile congratulated the SWAC on being awarded a Municipal Recycling Grant of$6,977. Board of Selectmen Minutes May 3, 2004 2 Appointment of liaison to Mass Highway Department for Old Center Traffic Project. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Jack Sullivan, as recommended by J. William Hmurciak, Director of Public Works, to be the liaison to work with the Community Compliance section of the Right of Way Bureau of the Massachusetts Highway Department in acquiring Easements and Rights of Entry for the Old Center Roadway project. Vote approved 5-0. Achievement Award from Department of Environmental Affairs for Drinking Water Quality. The DEP had recognized the Town of North Andover Water Department for its outstanding performance for year 2003 for the quality of drinking water. Rosemary Smedile announced that Senator Tarr would meet with residents on Friday, May 7, 2004 on beaver problems. Donald Stewart said that he would like to add an additional item for discussion under licensing. Mr. Henry Nassar, who formerly lived at 475 Great Pond Road, addressed the Board with a concern of money he spent in 1988 and in 2002 for sewer work done on that property and disapproval of a settlement that the Town offered him. The Board reconfirmed the Town Manager's final offer of$1,500 in settlement of this matter. CONSENT ITEMS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to approve the request by North Parish Junior Youth Group to hold a picnic at the Town Common on Sunday, June 13, 2004 from 4:00—8:00 PM. Vote approved 4-1. Mark Caggiano abstained. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approves 5-0. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the following one-day licenses. Vote approved 5-0. Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses. Comedy Theatre Productions, Saturday, May 8, 2004, 7:00 PM — 11:00 PM, full bar license. Shuman Bat Mitzvah, Saturday, May 15, 2004, 1:00 PM —5:00 PM, beer&wine license. Heidi Stack Bridal Shower, Saturday, May 15, 2004, 7:00 PM — 11:00 PM, full bar license. Michael Cashman Rehearsal Dinner Party, Thursday, May 20, 2004, 6:30 PM— 10:00 PM, wine & beer license. Shauna White Wedding Reception, Saturday, May 22, 2004, 5:30 PM — 11:00 PM, full bar license. Note: James Xenakis excused himself from the next item on the agenda. Licensing Chairman Donald Stewart said the new owner of Duncan Donuts on Main Street has been warned about violation of handicapped access door to his business. Stewart recommended sending a letter notifying the owner that his business must be in compliance with the law within 30 days or would have his license suspended. The Town Manager said the Building Inspector should also be advised of this violation. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. PUBLIC HEARINGS: Road Layout Hearings. James Xenakis made a MOTION, seconded by Rosemary Smedile, to continue the public hearing for roadway acceptance. Vote approved 5-0. Board of Selectmen Minutes May 3, 2004 3 The Town Manager said that County Club Circle is all set to go except for an outstanding tax bill. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, and voted Favorable Action to accept laying out Country Club Circle. Vote approved 5-0. The Town Manager said the other three roads that are in the Campbell Forest Subdivision, in addition to some outstanding taxes still have some punch list items that need to be addressed by the Planning Board. The Town Manager recommended favorable action and layout these roads. James Xenakis made a MOTION, seconded by Donald Stewart, and voted Favorable Action to accept laying out Avery Park Drive, Stonewedge Circle, and Webster Woods Lane. Vote approved 5-0. OLD BUSINESS: Articles 3-7, Amendments to FY04 Budgets: Article 3. The Town Manager gave recommendations for adjustments to the FY04 general fund budget. The Finance Committee reviewed this spreadsheet and voted to recommend the amount of funds provided to the school department be increased from $175,000 to $250,000 with corresponding reduction in the amount of money allocated to reduce the snow and ice deficit. James Xenakis made a MOTION, seconded by Rosemary Smedile, to further amend the General Fund Appropriations for FY2004 voted under Article 12 of the 2003 Annual Town Meeting and recommend Favorable Action on Article 3. Vote approved 5-0. Article 4. There are no recommended changes to the FY04 capital budget. Rosemary Smedile made a MOTION, seconded by James Xenakis, to take No Recommendation on Article 4. Vote approved 5-0. Article 5. Water Enterprise FY04 budget is recommended to be adjusted by increasing the amount of funds transferred from retained earnings, which is consistent with the Board's vote when you established the FY04 utility rates. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to amend Article 15 of the May 10, 2003 Annual Town Meeting,Water Enterprise Fund Appropriation —Fiscal Year 2004, by changing the amount of retained earnings to be transferred from $250,000 to $470,000 and recommend Favorable Action. Vote approved 5-0. Article 6. Water Enterprise FY04 budget is recommended to be adjusted by increasing the amount of funds transferred from retained earnings, which is consistent with the Board's vote when you established the FY04 utility rates. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to amend Article 16 of the May 10, 2003 Annual Town Meeting, Sewer Enterprise Fund Appropriation —Fiscal Year 2004, by changing the amount of retained earnings to be transferred from $100,000 to $250,000 and recommend Favorable Action. Article 7. The Stevens Estate Board of Directors recommendations is amending the retained earnings projections budget for FY04, by changing salaries from $234,015 to $140,000; by changing expenses from $417,662 to $255,325; directs would stay at $91,900 and to increase the retained earning used to balance the budget from $64,677 to $67,225. James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action. Vote approved 5-0. Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2005. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action to use projected retained earnings. Vote approved 5-0. Board of Selectmen Minutes May 3, 2004 4 Article 17 Report of the Community Preservation Committee and Appropriation from the Community Preservation Fund: John Simons and Felipe Schwarz from the Community Preservation Committee gave their report and recommendations on projects such as acquisition and preservation of open space, creation and support of affordable housing and preservation of historic buildings. Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action on Article 17. Vote approved 4-1. Mark Caggiano abstained. Article 18 Acquisition of Land on the shore of Lake Cochichewick known as the Kettenbach property and also "Half Mile Hill Summit". Rosemary Smedile made a MOTION, seconded by Donald Stewart, to recommend Favorable Action on Article 18. Vote approved 5-0. Article 19: Acquisition of Land next to Water Treatment Plant: The Board did not make a recommendation at this time. Article 23: Tax Increment Financing, 1600 Osgood Street. The Town Manager has been working with Orit Goldstein, president of Ozzy Properties and the town's consultant Michael Schaaf on a proposed TIF plan for 1600 Osgood Street. The Manager outlined highlights of the TIF Plan as a win-win for the town and property owners. The plan presents exceptional opportunities for increased economic development,job creation, higher property values, and industrial expansion. In return for a property tax relief over 20 years, Ozzy Properties has agreed to maintain the recreational fields currently utilized by the town until 11/1/08. Ozzy Properties will for a period of ten years provide 5,000 square feet of office space for municipal purposes at no cost. In addition, Ozzy properties will allow the town to use the auditorium on an as need basis. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 23. Vote approved 5-0. Articles 32: Amend Chapter 115 Section 5 of the Town of North Andover By Laws "Garbage, Rubbish and Refuse"— Refuse Restricted Activity. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 32. Vote approved 5-0. Article 33: Petition the Legislature—Amend Town Charter— New Section 10—Citizen Participation Mechanisms (Right of Initiative Petition and Right of Referendum). Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action on Article 33. Vote approved 5-0. Article 37: A Plan for Beaver Control and Associated Bylaw. The Board did not make a recommendation at this time. Julie Parrino, Planning Board Director and Alberto Angles from the Planning Board Committee gave their recommendations regarding various Articles 38—48 under their purview. Article 38: Amend Zoning Bylaw—Section 4.2 Phased Development. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 38. Vote approved 5-0. Article 39: Amend Zoning Bylaw— Delete Section 8.7 Growth Management. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Article 39. Vote approved 5-0. Article 40: Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted Uses), Paragraph 14. Board of Selectmen Minutes May 3, 2004 5 Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action on Article 40. Vote approved 5-0. Article 41: Amend Zoning Bylaw Section 9.3 Pre-Existing non conforming single and two family residential structures and uses in the residential 1, residential 2, residential 3, residential 4 and residential 6 districts (non conforming uses). The Board did not make a recommendation at this time. Article 42: Amend Zoning Bylaw add new section 4.3 Section residential adaptive re-use special permit. The Board did not make a recommendation at this time. Article 43: Amend Zoning Bylaw Section 4.137, delete and replace with FEMA language. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Article 43. Vote approved 4-1. Wendy Wakeman opposed. Article 44: Amend Zoning Map Parcels fronting Waverley Road and Route 114—Assessors Map 27 Parcels 16,17,18, 19, 20, 21, 23, 24, 25, 26. The Board did not make a recommendation at this time. Article 45: Amend the North Andover Zoning Bylaw by adding a new section —Section 15 Planned Commercial Development District. The Board did not make a recommendation at this time. Article 51-55: Roadway Acceptance—Avery Park Drive, Stonewedge Circle,Webster Woods Road, and Country Club Circle. James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Articles 51, 52, 53, 54, and 55. Vote approved 5-0. Comprehensive Permit (40B). Application for Waverly Oaks Condominiums: Recently the Zoning Board of Appeals distributed a memorandum requesting various town boards to comment on a proposed 16 unit condominium project on Waverly Road. The Community Development Office has prepared a draft document the Board's review and modification as necessary. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to send the document to the ZBA to continue the process. Vote approved 5-0. Town Mission Statement. The Town Manager presented a Town Mission Statement to the Board for endorsement. James Xenakis made a MOTION, seconded by Mark Caggiano, to endorse the Town Mission Statement as written. Vote approved 5-0. NEW BUSINESS: Request for lateral transfer: Officer Paul J. MacMillan. James Xenakis made a MOTION, seconded by Donald Stewart, to approve the request for lateral transfer for Officer Paul J. MacMillan to the Lawrence Police Department. Vote approved 5-0. Issuance of Marriage Licenses. Mark Caggiano requested that the Board discuss the policy set by the Governor of the Commonwealth of Massachusetts regarding issuance of Marriage Licenses. Mark Caggiano made a MOTION, to authorize the Town Clerk to enforce the 1913 law as presently written in the Commonwealth of Massachusetts in General Laws. MOTION FAILED due to lack of a second. Mark Caggiano made a MOTION, to have Town Counsel provide an opinion to the Town Clerk before May 17, 2004 when the law requiring issuing of gay marriage licenses comes into effect that the Town Clerk be provided Board of Selectmen Minutes May 3, 2004 6 with a memorandum of law to support her in her ability to make these decision as to whether someone is entitled to a law in that statue. MOTION FAILED due to lack of a second. TOWN MANAGER'S REPORT: The Town has been informed that it is eligible for a $12,820 grant for Homeland Security funds for Local Preparedness subject to submission by June 30, 2004 of an acceptable plan for use of the funds. Staff is currently considering using the money to enhance and better coordinate the various GIS systems through out the Town. The Town was recently notified that North Andover residents who suffered damage to their property as a result of the flooding that occurred in April might be eligible for federal disaster assistance. Notice of this assistance has been placed on the town's website and on cable TV. Please see enclosed documentation on this matter. The Board of Assessor's has recently established a web page that will allow Internet users access to public records maintained by that department. Once the web page has been thoroughly tested, it will be linked to the Town's web page. ADJOURNMENT: James Xenakis made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:30 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board