HomeMy WebLinkAbout2005-05-02 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 2, 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:
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to move into Executive Session to
discuss Bargaining with Union Employees, Non Union Employees and Pending Litigation.
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.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
SWAC Recycling
The Solid Waste Advisory Committee sponsored a Recycling Essay and Poster Contest. The Board of
Selectmen presented a Certificate of Accomplishment to Klye Salois for his poster.
New Business Recognition
The Board of Selectmen welcomed Travis Holland, owner of Holland Properties, a residential real estate
office in Town and presented him with a Certificate of Appreciation.
The Board of Selectmen welcomed Peter Matthews, CEO of the Merrimack Valley Credit Union to Town
and presented him with a Certificate of Appreciation.
State Legislative Delegation —FY06 State Budget Aid
State Senators Bruce Tarr, and Steven Baddour, along with State Representatives Barbara L'Italien and
David Torrisi were present to update the Selectmen on the progress of the state budget. The picture they
painted wasn't pretty, but it did have some bright spots for North Andover. The House passed a deal that
would add about $50 per pupil in Chapter 70 state aid to suburban schools. This would bring about
$218,300 more to North Andover, if the budget passed the Senate and is signed by Governor Mitt
Romney. Baddour and Tarr said the measure had a good chance of passing the Senate.
Rep. David Torrisi said that he and the others were doing the best they could, but had to rely on the
economy for help. The state government is dealing with many of the same problems as local ones.
Skyrocketing health care costs takes about 30 to 40 percent of the state's budget and they can
understand the pains that the cities and towns are experiencing.
Senator Bruce Tarr said the state is looking at new strategy for changing the formula for Chapter 70
moneys and how it will be distributed.
Selectman Caggiano and Chairman Smedile publicly thanked the legislators for their work in securing
more state aid for North Andover, but asked that even more be done for a town staring down vast cuts in
teachers and municipal employees.
Appointment to North Andover Housing Authority
Donald Stewart made a MOTION, seconded by James Xenakis, to approve the appointment of Keith
Mitchell to the North Andover Housing Authority. Vote approved 5-0.
Board of Selectmen Meeting May 2, 2005 2
North Andover Water Treatment Plant Recognition
The North Andover Water Treatment Plant received recognition for outstanding performance during 2004
from the Massachusetts Department of Environmental Protection. The Water Treatment Plant has now
received this outstanding recognition for several years in a row.
James Xenakis made a MOTION, second by Donald Stewart, to release Executive Session Minutes from
January 10, 24, 31, February 14, March 14, 28, 2005, regarding the Plisinski Case vs North Andover.
Vote approved 4-1. Mark Caggiano opposed.
LICENSING COMMISSIONERS:
Mark Caggiano made a MOTION, seconded Donald Stewart, to move into Licensing. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by James Xenakis, to approve Stevens Estate requests.
Vote approved 5-0.
Cynthia Rostiac, Stevens Estate, 723 Osgood Street, requests the following one-day licenses:
Church Wedding, Saturday, May 21, 2005, 4:00 PM —9:00 PM, full liquor bar
Rosemary Smedile made a MOTION, seconded by James Xenakis, to move out of Licensing. Vote
approved 5-0.
CONSENT ITEMS:
Donald Stewart made a MOTION, seconded by James Xenakis, to approve the request for North Parish
Church Junior Youth BBQ at Town Common on Sunday, June 5, 2005 from 4:00 PM—8:00 PM. Vote
approved 4-0-1. Mark Caggiano abstained.
Donald Stewart made a MOTION, seconded by Thomas Licciardello, to approve the request for the
Festival Committee to close Massachusetts Avenue from Osgood Street to Andover Street on Sunday,
May 22, 2005 from 8:00 AM —5:00 PM for the Annual Sheep Shearing and Arts &Craft Fair. Vote
approved 5-0.
PUBLIC HEARINGS:
Article 30, Roadway Acquisition &Acceptance
Donald Stewart made a MOTION, seconded by Thomas Licciardello, to open the public hearing. Vote
approved 5-0.
Town Engineer Jack Sullivan said he met with residents of Bunker Hill Street and Concord Street,
provided them with information and are now in agreement with the Town for acquisition and layout of
Bunker Hill Street and Concord Street.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to close the public hearing. Vote
approved 5-0.
Mark Caggiano made a MOTION, seconded by James Xenakis, and voted Favorable Action to accept
and acquire Concord Street and Bunker Hill Street. Vote approved 5-0.
OLD BUSINESS:
Preparation for May 9, 2005 Annual Town Meeting
To avoid layoffs of 30 to 40 teachers in the School Department, the Finance Committee voted on an FY06
recommended budget resulting in a shifting $620,000 from the Town Manager's original budget proposal
from municipal departments to local schools and $100,000 less for the police and fire departments. The
Town Manager recommended a budget reduction list for all the municipal departments and what the
impact would be to the specific departments.
Board of Selectmen Meeting May 2, 2005 3
Selectman Xenakis said that year after year public safety departments are asked to take the brunt of
budget cuts to give schools more money. It seems every year the municipal departments get less and
less. He pointed out that the Fire Department has not increased its staff since 1980. How can we justify
asking those department heads to do more with less? Where is the breaking pointy? Xenakis did not
agree that the pain of a tight budget season should be spread evenly throughout the town's departments.
Instead, the town should prioritize all departments and build a budget from those priorities indicating that
police and fire departments should top the list.
Selectman Caggiano asked School Committee member Chuck Ormsby to clarify how many possible
layoffs there would be and how this would affect classroom sizes in the elementary grades.
Chuck Ormsby said that without the additional money there would still be a possibility of 30-35 teachers
loosing jobs and up to 31 children in some classrooms.
Xenakis said the Selectmen are here to provide all services to the residents to North Andover, not only
the quality of education, but the services including police, fire, public works, senior center, and library.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the Finance Committee's
budget as proposed $620,000 with an additional $218.300 in potential future Chapter 70 money from the
state also being allocated to the school budget. Vote approved 3-2. Rosemary Smedile and James
Xenakis opposed.
Recommendations/Presentations on Warrant Articles
Article 7. Withdrawal from Northeast Mosquito Control District: Dr. Thomas Trowbridge Chairman of the
Board of Health presented several reasons why the Board of Health recommended an Unfavorable
Action.
The Board and the Town Manager thanked Dr. Trowbridge for his presentation and concerns but said that
there was not enough money to justify spending $80,000.
Mark Caggiano made a MOTION, to remove the Town of North Andover from the Mosquito Control
District and change the Board's vote from Unfavorable Action to Favorable Action. Motion failed for lack
of the second.
Article 15 Report of Community Preservation Committee &Appropriations &Article 16 Preservation
Restriction—North Parish Church: John Simons Chairman of the CPA gave a report on affordable
housing, historical preservation, open space and recommendations for the 5-year planFY06 budget.
James Xenakis made a MOTION, seconded by Thomas Licciardello, voted Favorable Action on Article
15. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Thomas Licciardello, voted Favorable Action on Article
16. Vote approved 4-0-1. Mark Caggiano abstained.
Article 41. Amend Zoning Map 1503 Osgood Street: This proposes the rezoning of the property located
at 1503 Osgood Street from Industrial 1 (11) to Business 2 (132).
Mark Caggiano made a MOTION seconded by Thomas Licciardello, voted Favorable Action on Article 41.
Vote approved 5-0.
Article 42. Amend Zoning Map 1000 Osgood Street: This proposes the rezoning of the property located
at 1000 Osgood Street from Industrial 1 (12) to Business 2 (132).
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, voted Favorable Action on Article
42. Vote approved 5-0.
Board of Selectmen Meeting May 2, 2005 4
Article 17. Amend Zoning Bylaw Chapter 178— Section 3 Wetlands Protection Bylaw—Exemption.
The Selectmen suggested setting up a committee to discuss the Wetlands Bylaw to make this a more
comprehensive fair bylaw across the board for developers and residents in Town. The Board asked the
Town Manager to suggest and constitute the committee with a cross section of members of the land use
boards on the committee as well as members of the community
Mark Caggiano made a MOTION, seconded by James Xenakis, voted No Action on Article 17. Vote
approved 5-0.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to appoint a committee to review the
Wetlands Protection Bylaw regulations and make changes or alterations and make this a fair bylaw for all.
Vote approved 5-0.
Article 23. Affordable Housing Trust—Accept MGL Chapter 44 Section 55C: The Town Manager said
that this enabling Legislation authorizes the Town to setup a Housing Trust Fund in grants the Town
various powers but then the Town would have to go back to Town Meeting to setup and identify what
those powers would be. So rather than bringing it to Town Meeting twice, the suggestion was to wait until
all the pieces are together and bring it once.
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to change the vote from Favorable
Action to No Action and take it up next year. Vote approved 5-0.
Article 28. Discontinuance of Dale Street: The Assistant Town Manager said the Town has not been sent
the final release deed with the applicable signatures.
Article 22. Amend General Bylaws Chapter 88—Dog Nuisances:
This Article was TABLED until the next meeting.
Article 5. Transfer Unexpended Special Revenue and Capital Funds:
Thomas Licciardello made a MOTION, seconded by Mark Caggiano to vote No Action on Article 5. Vote
approved 5-0.
Article 6. Prior Year Unpaid Bills:
Mark Caggiano made a MOTION, seconded by James Xenakis, to vote Favorable Action on Article 6.
Vote approved 5-0.
Article 9. Stabilization Fund(s):
Mark Caggiano made a MOTION, seconded by James Xenakis, to vote No Action on Article 9. Vote
approved 5-0.
Article 21. Televising Land Use Meetings:
Eleanor Pye Director of North Andover Community Access & Media, (CAM) said that before all Land Use
meetings can be televised, (CAM) would need to hire and train additional camera people to tape the
meetings. The costs surrounding Article equal a minimum of$240 monthly and $2,880 yearly.
NEW BUSINESS:
Capital Planning Committee
The Town Manager recommended the board's approval of a Resolution to establish a committee to
participate in the planning of Capital Projects.
Board of Selectmen Meeting May 2, 2005 5
Mark Caggiano made a MOTION, seconded by James Xenakis, to establish the Capital Planning
Committee and adopt the Resolution as Amended. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Stevens Memorial Library will have a Book Sale on Saturday May 7th and Sunday, May 8 th
The Board of Selectmen and Town Manager has been invited to the Memorial Day Services on Monday,
May 30, 2005.
Town Meeting will be held on Monday, May 9, 2005, at the High School auditorium.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 10:30 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board