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HomeMy WebLinkAbout2005-11-21 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 21, 2005 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:05 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. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Donald Stewart, to approve the November 7, 2005, Minutes Open Session as written and Executive Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Business Recognition: - Butcher Boy Meat Market, 1077 Osgood Street—501h Anniversary. The Board of Selectmen presented a Certificate of Appreciation to the Ameen family on celebrating their 50th Anniversary in business in town. New Business Recognition: -The following new businesses were presented Certificates of Appreciation from the Board of Selectmen: Loft Steak& Chop House, Joseph A. Bank, Chico's, and Fitness for You. Certificate of Recognition: -The Board of Selectmen presented a Certificate of Recognition to Ben Novello, Eagle Scout for the successful construction of a new bridge over Mosquito Brook between the fields at Reynolds Playground, Appointment of Town Engineer: Eugene Willis, P.E. The Town Manager requested the Board of Selectmen to approve his recommendation to appoint Eugene Willis as Town Engineer. James Xenakis made a MOTION, seconded by Donald Stewart, to approve the appointment of Eugene Willis as Town Engineer. Vote approved 5-0. Acceptance of Donation from North Poi nt/Southpoint Realty Development In lieu of constructing a youth soccer field, North poi nt/Southpoint Realty Development donated $25,000 to the North Andover Youth Services for the purpose of improving and restoring current athletic fields in town. The Board is requested to accept this donation. Donald Stewart made a MOTION, seconded by Mark Caggiano, to accept a donation to the town of North Andover field maintenance revolving account in the amount of$25,000 from North poi nt/Southpoint Realty Development. Vote approved 5-0. Northeast MA Homeland Security Regional Advisory Council "Security in Knowledge" Program Fire Chief William Dolan distributed information provided by the NESRAC to educate the public about terrorist alert levels and how to prepare in the event of an emergency. The program is "Security in Knowledge", Be informed, Be prepared, Be safe, web-site is www.securityinknowledge.org Recognition of Fire Department Unit 3 Senators Bruce Tarr and Steven Baddour presented the men and women of the North Andover Fire Department Unit 3 a citation from the Senate of the Commonwealth of Massachusetts for"Firefighter of the Year Award"for their bravery and efforts in saving lives during a house fire on Patriots Day, September 11, 2005. The Award was presented to Fred McCarthy, Bob Fogarty, Mike Long, Andy Sullivan, Scott Swiniarski, Steve Risacher, Brian Freeman, Liz Iminski, Rob Crane, James Killelea, and Scott Nussbaun. Board of Selectmen Minutes November 21, 2005 2 Update of State Funding —Senator Bruce Tarr and Senator Steven Baddour Senators Tarr and Baddour said that the State approved supplemental funding for the Stevens Memorial Library in the amount of$100,000; the Old Center Common project in the amount of$100,000; and in January 2006 the house and the senate are proposing a bill to change the distribution format of Chapter 70 money to cities and towns; the lottery cap will be lifted, $500,000 to a Policing grant; and a little improvement of PILOT payment in lieu of taxes for state owned land. Holiday Parade— November 26, 2005 The Holiday Parade will form at 12:00 noon with a kick-off at 1:00 PM The Board of Selectmen wished all a Happy Thanksgiving. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Donald Stewart, to move into Licensing. Vote approved 5-0. Tips Certification Licensing Commissioner Donald Stewart requested the Board to modify "Section E" part of the TIPS policy for re-certification of trained employees. Selectman Xenakis said that the current TIPS certification program is outdated and three hours of wasted time and just common sense. He would like to see another program implemented rather than make people attend an outdated program. Selectman Caggiano said that he would rather have the Police Department do a TIPS training with a better model. Town Clerk Joyce Bradshaw said that she and Assistant Town Clerk Janet Eaton attended an ABCC program in Lawrence that was very well done in 1'/2 hours. She suggested having ABCC do training in North Andover for our retail owners and those of surrounding area towns. James Xenakis made a MOTION, seconded by Mark Caggiano, deleting the "paragraph E" stating the all personnel shall be required to be re-certified every three years through an approved program. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to suspend the current three-year re-certification program for one year while another program is implemented that is more suitable to educate retail liquor owners on serving alcohol. Vote approved 5-0. PUBLIC HEARINGS: Crumpets Tea Room, LLC, 56 Water Street James Xenakis made a MOTION, seconded by Rosemary Smedile, to open the Public Hearing. Vote approved 5-0. Dianne O'Brien of Crumpets Tea Room applied for a Wine & Malt Beverage License at 56 Water Street. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the Wine & Malt Beverage License to Dianne O'Brien of Crumpets Tea Room located at 56 Water Street. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to close the Public Hearing, Vote approved 5-0. Cynthia Rostiac, Stevens Estate, 723 Osgood Street, requests the following one-day licenses Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses at the Stevens Estate. Vote approved 5-0. Board of Selectmen Minutes November 21, 2005 3 1. Channel Building Holiday Party, Sat. Dec. 3, 05, 6:00-10:00 PM, Full Liquor License 2. Formatech Holiday Party, Sat. Dec. 10, 05, 6:00-12:00 PM, Full Liquor License 3. Foulds Christmas Party, Sun. Dec. 11, 05, 1:00-5:00 PM, Beer&Wine License 4. Analog Holiday Party, Fri. Dec. 16, 05, 7:00-11:00 PM, Full Liquor License Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. PUBLIC HEARINGS: Property Tax Classification Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to open the Public Hearing. Vote approved 5-0. Chief Assessor Garret Boles explained the tax process, and the various classifications based on Levy limit, new growth and proposition 2'/2. William Carpenter, Vice President of the Merrimack Valley Chamber of Commerce requested the Board to consider the burden of the small business owner in town and keep the tax rate low for businesses. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to close the Public Hearing. Vote approved 5-0. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to change the Property Tax Classification factor to a 1.18 shift, setting the residential tax at$11.15 and the commercial tax at $13.48. Vote approved 3-2, James Xenakis and Donald Stewart opposed. OLD BUSINESS: Parking at Housing Authority Complexes At a previous meeting the Board voted to find a solution to create more parking for the elderly residents of Bingham Way and O'Connor Heights. Sgt. Fred Soucy investigated the parking issues presented by the Housing Authority and its residents. He worked with Joanne Commerford of the Housing Authority and the Fire Department and came up with the following solution and recommendations for parking. It is possible to add eight spaces for parking on Bingham Way. The Housing Authority would have to have these spaces properly marked and spaced properly and make arrangements with a private contractor to have snow removal done as soon as possible. Residents Ann Marie Hughes and Marie Bisson of Bingham Way presented an alternative plan for parking on Maple Avenue. They are also asking for a reserved legal parking to the residents who live in the building, which is located on Maple Avenue. The Police Department would continue to work with the Housing Authority in this matter. Proposed Sharpners Pond Road/Middleton Power Plant Several residents of Sharpners Pond Road were present at the meeting and voiced their concerns about the proposed power plant being submitted by DG Clean Power, LLC in Middleton. Wenhua Yang, Robert Naftal and Robert Mulcahy spoke about the impact that this power plant would have on the residents of North Andover and Middleton. They have researched the layout, size of the plant and output of 300 pounds of emissions that would emit from a 80' smoke stack run by a simple cycle dual fuel gas turbine engine. They also did a comparison on other power plants in Peabody, MA and one in New Jersey that started as small plants 30 years ago and have grown to large plants. The residents are planning to attend the Middleton Town Meeting and to make the residents of Middleton aware of a Warrant Article going before the Middleton Town Meeting on November 29, 2005. They will Board of Selectmen Minutes November 21, 2005 4 be holding signs outside the facility asking residents to "Vote No Against the Warrant Article for the Proposed Power Plant". The Sharpners Pond residents requested the help of the Selectmen and the Town Manager to help them stop the passing of this proposed power plant. The Town Manager and the Board of Selectmen have hired Attorney Kenneth Kimmell, an environmental expert to help them in pursuing the right method to contact the Middleton Board of Selectmen with their concerns about the potential adverse impact of this type of facility including noise, air pollution, traffic and aesthetics. Chairman Smedile said that the Town would take an active part in doing what is best for the Town. Preparation for December 5, 2005, Special Town Meeting The Town Manager asked the Board to make their recommendations on the various articles on the warrant for preparation for December 5, 2005 Special Town Meeting. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Articles 1,2,3,4,and 5. Vote approved 5-0. Article 1. Amend Article 8 of 2005 Annual Town Meeting General Fund Appropriation-Fiscal Year 2006. Article 2. Appropriate Funds into the North Andover Stabilization Fund. Article 3. Amend Article 13, May 9, 2005 Annual Town Meeting-Stevens Estate at Osgood Hill Enterprise Fund. Article 4. Overlay Account Transfer. Article 5. Prior Years Unpaid Bills. James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 6. Vote approved 5-0. Article 6. Amend the Zoning By-Law 8.9 Wireless Service Facilities—Add New Section C—Municipal Exemption. James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Unfavorable Action on Article 7. Vote approved 5-0. Article 7. Amend the Zoning By-Law 8.9 Wireless Service Facilities—Add New Section C—Municipal Exemption—Petition of Thea Fournier. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 8. Vote approved 5-0. Article 8. Amend Article 10, May 9, 2005 Annual Town Meeting— Capital Improvement Plan Appropriation, Fiscal Year 2006 Funding for Engineerinq Costs—Sutton Hill Water Tank. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 9. Vote approved 5-0. Article 9. Amend Article 10, May 9, 2005 Annual Town Meeting— Capital Improvement Plan Appropriation, Fiscal Year 2006 Funding for Engineerinq Costs—Bear Hill Water Tank. James Xenakis made a MOTION, seconded by Thomas Licciardello, to recommend Favorable Action on Article 10. Vote approved 5-0. Article 10. Acquisition of Real Property— Cullen Property— 605 Osgood Street—Assessors Map 35, Parcel 32. Board of Selectmen Minutes November 21, 2005 5 James Xenakis made a MOTION, seconded by Donald Stewart, to recommend Favorable Action on Article 11. Vote approved 5-0. Article 11. Acceptance of Massachusetts General Laws Chapter 71 Section 71E- Schoolhouses. James Xenakis made a MOTION, seconded by Donald Stewart, to recommend Favorable Action on Article 12. Vote approved 5-0. Article 12. Establish Ambulance Services Enterprise Fund. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 13. Vote approved 5-0. Article 13. Amend General Bylaws Chapter 88, Section 8-Dogs-Nuisances. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 14. Vote approved 5-0. Article 14. Amend General Bylaws of the Town of North Andover Chapter 161- Street and Sidewalks- Add New Section- Section 6-Repairs to Private Ways. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 15. Vote approved 5-0. Article 15. Amend the General Bylaws Chapter 161 Streets and Sidewalks-Add New Section 7- Consideration of Street Acceptances Under A Single Article. James Xenakis made a MOTION, seconded by Thomas Licciardello, Recommendation to be made at Town Meeting on Article 16. Vote approved 5-0. Article 16. Intermunicipal Agreement between North Andover and Middleton for Water and Sewer Tie-Ins on the North Andover-Middleton Line on Route 114. James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action on Article 17. Vote approved 5-0. Article 17. Petition the General Court-Stevens Estate Liquor Sales James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Unfavorable Action on Article 18. Vote approved 5-0. Article 18. Amend General Bylaws-New Chapter 79-Building and Property Maintenance Code. James Xenakis made a MOTION, seconded by Mark Caggiano, Recommendation to be made at Town Meeting on Articles 19, 20. Article 19. Amend Zoning Map-2370 Turnpike Street from Industrial 1(11) to Business 1 B1. Article 20. Amend North Andover Zoning Bylaw-Sections 4.12 (14)©and 4.121 (14.2.2) NEW BUSINESS: Fee Review of Weights and Measures Mark Caggiano made a MOTION, seconded by Donald Stewart, to AMEND the current fee schedule for the Sealer or Weights and Measures Program as proposed and permitted under M.G.L. Ch. 98 Section 56. Vote approved 4-1, James Xenakis opposed. Board of Selectmen Minutes November 21, 2005 6 Fee Review for Dog Licenses Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to AMEND the current fee for Dog Licenses from $10 to $15 per dog and Kennel Fee Licenses from $50 to $75. Vote approved 4-1, James Xenakis opposed. Vehicle Use Policy This item was TABLED for a future meeting. Establishment of Vietnam Fallen Heroes Fund Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the request by Edward Mitchell, Veterans Services Director to establish a fund for Vietnam Fallen Heroes. Vote approved 5-0. TOWN MANAGER'S REPORT: The Fire Department recently received $12,000 Homeland Security Grant awarded by the Commonwealth of Massachusetts. The money will be used to upgrade communications systems in the public works department and to acquire emergency supplies. Dennis Bedrosian, Superintendent of the Water Treatment Plant, recently developed a town-wide contract for the maintenance and repair of municipal and school generators. This contract will bring the Town into compliance with state procurement regulations and should result in considerable savings to the Town. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 10:05 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board