The URL can be used to link to this page

Home My WebLink About2005-03-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 28, 2005 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss Pending Litigation and Negotiations with Non Union Employees. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes; James Xenakis yes; Mark Caggiano yes; Thomas Licciardello, yes, and Rosemary Smedile yes. Vote approved 5-0. APPROVAL OF MINUTES: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the minutes of January 19, 2005, Open Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Rosemary Smedile announced that the Red Sox World Series Trophy would be coming to North Andover on Tuesday, April 5, 2005. The Trophy will be displayed at 1600 Osgood Street at 12:30 PM — 1:30 PM. The public is invited to come and there is ample parking. Tuesday, March 29, 2005 is Election Day. Poles will be open from 7:00 AM —8:00 PM located at North Andover High. Chairman Rosemary Smedile announced that the Chairman of Andover contacted her about celebrating the split of the two towns 150 years ago. The Town Manager announced that the Zoning Board of Appeals has appointed Joseph LaGrasse to the Zoning Task Force. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the appointment of Joseph LaGrasse to the Zoning Task Force. Vote approved 5-0. Ted Tripp asked the Town Manager to look into something that happened in October 2003. The Town bonded $2.267 million to design the new Foster Farm School. To date the Town has only spent $865,000 with a difference of$1.4 million. Please explain if this money is still bonded and the Town is still paying interest on this money. CONSENT ITEMS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the request from Brooks School to hold the annual senior class picnic at the Town Common on Friday, May 27, 2005 from 12:00 noon to 2:00 PM. Vote approved 5-0. LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into Licensing. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve a request from Merrimack College Student Government sponsored event at Cascia Hall, 315 Turnpike Street, for a one-day Beer& Wine license on Friday, April 8, 2005 from 10:00 PM-1:00 AM. This event is for college students over the age of 21. Vote approved 5-0. PUBLIC HEARINGS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to open the public hearing. Vote approved 5-0. Massachusetts Electric representative David Bouchet requested permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures, along and across Gray Street, Plan #G53/486. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the pole petition, plan #G53/486. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to close the public hearing. Vote approved 5-0. OLD BUSINESS: Professional Librarians Collective Bargaining Agreement The Board was asked to approve and sign the collective bargaining agreement for the Professional Librarians. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to approve and sign the Professional Librarians Collective Bargaining Agreement. Vote approved 5-0. Review of Annual Town Meeting Warrant Wendy Wakeman made a MOTION, seconded by Donald Stewart, to recommend Favorable Action on Articles 1, 2a, 2b, 2c, 2d, and 3. Vote approved 5-0. Article 1. Reports of Special Committees Article 2a. Reports of Receipts, Expenditures and Special Committees Article 2b. Authorization Regarding Contracts in Excess of Three Years Article 2c. Authorization to Accept Grants of Easements Article 2d. Authorization to Grant Easements Article 3. Compensation of Elected Officials Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Articles 4, 5, 6, 8, and 9. Vote approved 5-0. Article 4. Amend General Fund Appropriation—Fiscal Year 2005 Article 5. Transfer Unexpended Special Revenue and Capital Funds Article 6. Prior Year Unpaid Bills Article 8. General Fund Appropriation Fiscal Year 2006 Article 9. Stabilization Fund Wendy Wakeman made a MOTION, seconded by James Xenakis, recommended Unfavorable Action on Article 7. Vote approved 5-0. Article 7. Withdrawal from Northeast Mosquito Control District Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Articles 10, 11, 12, and 13. Vote approved 5-0. Article 10. Capital Improvement Plan Appropriation Fiscal Year 2006 Article 11. Water Enterprise Fund Appropriation Fiscal Year 2006 Article 12. Sewer Enterprise Fund Appropriation Fiscal Year 2006 Article 13. Stevens Estate Enterprise Fund Appropriation Fiscal Year 2006 Wendy Wakeman made a MOTION, seconded by Mark Caggiano, recommended Favorable Action on Article 14. Vote approved 5-0. Article 14. Establishment of Revolving Funds Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Article 15. Vote approved 5-0. Article 15. Report of Community Preservation Committee and Appropriations Please note: Mark Caggiano excused himself from the following vote. Wendy Wakeman made a MOTION, seconded by Donald Stewart, Recommendation to be made at Town Meeting on Article 16. Vote approved 4-0-1. Mark Caggiano abstained. Article 16. Preservation Restriction-North Parish Church Wendy Wakeman made a MOTION, seconded by Donald Stewart, recommended Favorable Action on Articles 18, 19, and 20. Vote approved 5-0. Article 18. Newspaper Rack Bylaw-Amend General Bylaws by Adding Chapter 131 Article 19. MGL Chapter 41 Section 38A- Tax Collector Bylaw Article 20. Amend Chapter 101-1 Section B-Sealer of Weights and Measures Fees Wendy Wakeman made a MOTION, seconded by Mark Caggiano, recommended Favorable Action on Article 23. Vote approved 5-0. Article 23. Affordable Housing Trust-Accept MGL Chapter 44 Section 55C Wendy Wakeman made a MOTION, seconded by Donald Stewart, recommended Favorable Action on Articles 26 and 27. Vote approved 5-0. Article 26. Third Telecommunication Antenna Stevens Estate Tower Article 27. Emergency Preparedness MOU Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Article 28. Vote approved 5-0. Article 28. Discontinuance of 922 Dale Street Wendy Wakeman made a MOTION, seconded by Mark Caggiano, recommended Favorable Action on Articles 29 and 30. Vote approved 5-0. Article 29. Roadway Acceptance- Coachman's Ln, Concord, Easy, Highland View, Morningside, and Russet. Article 30. Roadway Acquisition &Accept-Adams, Autran, Bunker Hill, Douglas, Glenwood, Martin and Summut Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Articles 31, 32, 33, 34, 35, 36, and 37. Vote approved 5-0. Article 31. Street Acceptance-Anvil Circle Article 32. Street Acceptance-Amberville Road Article 33. Street Acceptance- Garnet Circle Article 34. Street Acceptance-Palomino Drive Article 35. Street Acceptance- Willow St., Willow St. South Extension, Bayfield Dr. and Flagship Dr. Article 36. Street Acceptance-Delucia Way Article 37. Street Acceptance- Timber Lane- Transfer to Board of Selectmen Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Articles 40, 41, and 42. Vote approved 5-0. Article 40. Amend Zoning Map- 651 Turnpike Street(Rte 114) from Village Commercial(VC)to General Business (GB). Article 41. Amend Zoning Map- 1503 Osgood Street-Assessors Map 34 Parcel 7 from Industrial 1 (11) to Business 2 (B2). Article 42. Amend Zoning Map- 1000 Osgood Street from Industrial 2 (12) to Business 2 (B2). Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Article 47. Vote approved 5-0. Article 47. Amend Zoning Bylaw Section 4.133-Allow Uses 12 Wendy Wakeman made a MOTION, seconded by Donald Stewart, recommended Favorable Action on Article 48. Vote approved 5-0. Article 48. Amend Zoning Bylaw Section 8.5.6.G- Calculation of Allowable Residential James Xenakis made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Article 17. Vote approved 5-0. Article 17. Amend Chapter 178- Section 3 Wetlands Protection Bylaw-Exemptions Wendy Wakeman made a MOTION, seconded by James Xenakis, recommended Favorable Action on Article 21. Vote approved 5-0. Article 21. Amend General Bylaws- Televising Land Use Meetings Wendy Wakeman made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Article 22. Vote approved 5-0. Article 22. Amend General Bylaws Chapter 88-Dogs Nuisances Wendy Wakeman made a MOTION, seconded by Donald Stewart, recommended Favorable Action on Article 24. Vote approved 4-1. Mark Caggiano opposed. Article 24 Petition Legislature-Amend Charter- Citizen Participation Mechanisms Wendy Wakeman made a MOTION, seconded by Donald Stewart, recommended Unfavorable Action on Article 25. Vote approved 5-0. Article 25. Petition Legislature-Amend Charter-Election Date Wendy Wakeman made a MOTION, seconded by Donald Stewart, recommended Unfavorable Action on Article 38. Vote approved 4-1. Mark Caggiano opposed. Article 38. Rezone Police Station Area Wendy Wakeman made a MOTION, seconded by Donald Stewart, Recommendation to be made at Town Meeting on Article 39. Vote approved 5-0. Article 39. Rezone Turnpike Street There will be a Public Hearing regarding the Rezoning Articles on April 4, 2005 at 6:00 PM in Town Hall. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, Recommendation to be made at Town Meeting on Article 43. Vote approved 5-0. Article 43. Phased Development Bylaw Amendment—Amend ZBL Section 4.2.1 NEW BUSINESS: FY06 Sewer Enterprise Fund Budget The Town Manager gave a summary and recommended funding at$4,283,056 a 9.1% increase over the FY05 budget with retained earnings balance of$1,376,646 or$42,616 increase over FY04. This budget recommends using $883,056 of the retained earning balance for rate mitigation leaving a projected retained earnings balance of$493,590 for emergencies and revenue fluctuations. FY06 Water Enterprise Fund Budget The Town Manager gave a summary and recommended funding at$4,785,459 a 3.9% reduction over the FY05 approved budget. Even after cost cutting measures, a deficit of$260,000 will eliminate a retained earnings balance in this fund. In order to restore retained earnings to amount equal to 10% of the department's expenses, it is recommended that user revenue increase by 9.4%. Maintaining adequate reserves are necessary to address unforeseen circumstances and provide a cushion for revenue fluctuations. Mark Caggiano made a MOTION, seconded by James Xenakis, to approve the FY06 Sewer and Water Budget and send forth to the Finance Committee. Vote approved 5-0. FY06 Stevens Estate Enterprise Fund Budget The Town Manager gave a summary and due to reduced revenues the entire retained earnings balance of$116,690 will be used to maintain operation at the Stevens Estate. In order to have a positive fund balance at the end of FY05, expenses would have to be reduced to match the reduced revenue income. For FY06 Stevens Estate is projecting income of$417,000 and expenses of$415,871. As in the case with previous years, the budget will be monitored closely to insure expenses do not exceed actual revenues. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the FY06 Stevens Estate Budget and send forth to the Finance Committee. Vote approved 5-0. FY05 Budget Adjustments The Town Manager outlined some budget adjustments that need to be made in the current fiscal year to ensure that deficit spending does not occur. The need for these budget adjustments are even more acute given the impact this year's winter has had on the snow and ice expenditures. The implementation of some of these changes will require town meeting approval under Article 4. Sewer Betterments, Phase 4A The Board was requested to approve4 the assessment of Sewer Betterments for the town's project to provide sanitary sewer service in the Lake Cochicewick Watershed. This is a 20 percent betterment charge for the residents for 32 properties on Great Pond Road, Marbleridge Road, Osgood Street and Abbott Street. Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve and sign the Sewer Betterment Phase 4A. Vote approved 5-0. TOWN MANAGER'S REPORT: Lt. Governor Kerry Healey is hosting a meeting with local officials to discuss the Governor's FY06 Budget Recommendations on Friday, April 1, 2005 at 3:00 PM at the Lawrence Public Library. There is a scheduled Public Hearing regarding the Rezoning Articles on April 4, 2005 starting at 6:00 PM at Town Hall. The public is invited. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 8:45PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Wendy D. Wakeman, Clerk of the Board