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HomeMy WebLinkAbout2008-03-31 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 31, 2008 CALL TO ORDER: Town Manager Mark Rees called the meeting to order at 6:45 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Richard A. Nardella, Tracy M. Watson, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. SWEARING IN CEREMONY FOR FIREFIGHTER The Town Clerk Joyce Bradshaw swore in firefighter Steven Sentementes. Family, friends and many fire department employees were in attendance to commemorate this occasion. BOARD REORGANIZATION In The Absence of a Chairman since the town election,the Town Manager said he would accept nominations from the Board Members to elect a new Chairman, Clerk and Licensing Chairman. Rosemary Smedile made a MOTION, seconded by Richard Nardella to nominate Mark Caggiano as the chairman until the end of the fiscal year June 30, 2008. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Tracy Watson, to nominate Rosemary Smedile as the Clerk until the end of the fiscal year June 30, 2008. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to nominate Richard Nardella as the Licensing Chairman until the end of the fiscal year June 30, 2008. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to nominate Rosemary Smedile and Mark Caggiano, to serve on the Budget Communications Group Committee. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to nominate Tracy Watson to serve with Rosemary Smedile on the Appointments Sub-committee. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the revision in Executive Minutes of March 24, 2008 and to approve the Open Session Minutes as written of March 24, 2008. Vote approved 3- 0-2. Tracy Watson and Richard Nardella abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition: The Board of Selectmen presented a Certificate of Appreciation to Hudson Design Group LLC for located their business in North Andover. Legislator's Public Forum The North Andover Legislative delegation invited all North Andover citizens to join them for a Public Forum on Tuesday, April 15, at 6:30 p.m. the North Andover Middle School. School Committee Update on Superintendent Search School Committee Chairman Barbara Whidden gave the board an update on the Superintendent Search. Because there is a shortest of candidates for Superintendents, North Andover is allowed to hire James Marini for another year. The School Committee will be forming a nine-member search committee and is looking for people to serve on this committee. This committee would start meeting in late April or early May, hold a public forum to get input from town residents, meet once or twice during the summer and starting in September post the position and receive resumes in October. During the month of November and December the committee would meet Board of Selectmen Minutes March 31, 2008 2 several times to review resumes and starting the interviewing process. The Committee should have made a selection by January 2009. Public Comment George Vozeolas 129 Coventry Lane said that a majority of the residents voted in favor on the ballot question regarding an alternate form of government for the town of North Andover. Mr. Vozeolas suggested electing a Charter Selection with well-established fine lines and procedures. The Charter petition still requires many more signatures and needs to be circulated at Town Meeting, Schools, Library and Senior Center and a possibility of setting up a tent for signatures during the November elections. All this work would take time and possibly 18 months to two years to be done right. Cynthia Jalbert 175 Webster Woods Lane asked the Town Manager questions about the CIP Budget. She indicated that the town is pushing the debt service too high over 5.5% instead of maintaining a 3-5% debt service. Town Manager Mark Rees said that the statement in the CIP is a guideline provided by the Board of Selectmen to the Town Manager. It is a balancing act and supported by the Board. If the town avoids capital expenditures now you end up paying more if you wait. Interest rates are at an all time low and it is wise to take on major projects at this time to save the town high interest rates later and material supplies that increase yearly. Ted Tripp 62 Boston Road spoke about Proposition 2'h and how towns are to keep within the limits without raising taxes. The Board was in agreement and there are no thoughts of overrides this year. CONSENT ITEMS: Permission to fill vacancy The Director of the Stevens Estate has tendered her resignation and the town is seeking permission to fill the vacancy. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to start a search for a Director of Stevens Estate. Vote approved 5-0. Note: Daniel Lanen recused Acceptance of Donation for Project Life Saver The Friends of the Senior Center donated $500 to Project Life Saver and is requested approval from the Board. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to accept the donation of$500 to Project Life Saver from the Friends of the Senior Center. Vote approved 4-0. Note: Daniel Lanen returned Request to Conduct Memorial Day Parade and Ceremony Edward Mitchell Chairman of the Patriotic Observance & Marching Committee requests permission to hold the Memorial Day Parade and Ceremony on May 26, 2008. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the request to hold the Memorial Day Parade and Ceremony on May 26, 2008, at 10:00 a.m. Vote approved 5-0. OLD BUSINESS: Stevens Estate Enterprise Fund FY09 Budget The Town Manager requested that the Board approve the operations expense budget for FY09 for the Stevens Estate. Due to a decrease in business at the Estate, the expense budget request is considerably below FY08 levels. Kevin Willoe Chairman of the Board of Directors said that the Board is in the process of bringing the building up-to-date with extensive repairs and a face lifting such as painting, decorating, new floors, kitchen improvements, sprinkler system etc. The Board is also looking at a new marketing program and overall Board of Selectmen Minutes March 31, 2008 3 improvements on running the Estate as a self-sufficient business. The Estate has made some changes to the price of rental and menu items to keep in the competitive market and is quite affordable. Richard Nardella asked for information and warrant articles on the original purchase of the Estate. Selectman Nardella also asked the Town Manager to do research of the property belonging to the Estate fronting Rte. 125 that may be available for sale to bring in some revenue. Finance Committee Recommended FY09 General Fund Operating Budget The Finance Committee met on March 27, 2008 and voted their recommendations for the FY09 General Fund Operating Budget. There are some slight differences between the budgets previously approved by the Board of Selectmen. The Town Manager said that this budget is a good compromise between competing needs and he would recommend that the Board endorse the Finance Committee recommended budget. The Finance Committee is holding a Public Forum on April 10, 2008 at 6:30 p.m. at Town Hall. Rosemary Smedile made a MOTION, seconded by Richard Nardella; to approve the Finance Committee recommended FY09 General Fund Operating Budget. Vote approved 5-0. Board Recommendation on Articles The Board was requested to vote their recommendations on the articles to be included in the warrant book. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 1, Reports of Special Committees. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 2, Reports of Receipts and Expenditures. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 3, Authorization of the Town Manager or Superintendent of Schools regarding Contracts in excess of three years. Vote approved 4-1. Daniel Lanen opposed. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 4, Authorization to Accept Grants of Easements. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 5, Authorization to Grant Easements. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 6, Compensation of Elected Officials. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made At Town Meeting on Article 7, Amend FY08 General Fund Budget. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 8, Amend Capital Improvement Plan Appropriation for FY2003 (Stevens Estate). Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 9, Prior Year Unpaid Bills. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 10, FY09 General Fund Budget. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 11, FY09 Water Fund Budget. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 12, FY09 Sewer Fund Budget. Vote approved 5-0. Board of Selectmen Minutes March 31, 2008 4 Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made At Town Meeting on Article 13, FY09 Stevens Estate Fund Budget. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made At Town Meeting on Article 14, FY09 Capital Improvement Plan. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 15, Establishment of Revolving Funds. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made At Town Meeting on Article 16, Report of the CPA Committee and Appropriation from CPA Fund. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 17, Continuation of MGL, Ch. 59, Sec. 5C, Senior Work Program. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made At Town Meeting on Article 18, Appropriate Funds for Fireworks. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 19, Appropriation/Transfer/Borrowing of Funds to purchase MVFCU and renovate as a police station. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Unfavorable Action on Article 20, Amend Article 22, 2007 Annual Town Meeting—Police Station Appropriation. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made At Town Meeting on Article 21, Bradstreet School Conversion to Police Station. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 22, Borrow, Transfer, Appropriate Funds for Pre-School Facility. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 23, Consolidation of School/Municipal Functions(MGL Ch. 71, Sec. 37M). Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 24, Special Act to Exempt Town from portions of the prevailing wage act. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Unfavorable Action on Article 25, Enforcement of General and Zoning Bylaws. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to recommend, To Be Made at Town Meeting on Article 26, Enforcement of Zoning Bylaw Section 8.9 Wireless—Review of Site Plan 300 Chestnut Street and Operation of Wireless Facility First Calvary Baptist Church. Vote approved 4-0-1. Richard Nardella abstained. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to recommend, Favorable Action on Article 27, Amend General Bylaws—Add new Chapter—Eminent Domain. Vote approved 4-1. Mark Caggiano opposed. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 28, Amend General Bylaws— Chapter 17 Section 9 Fixed Revenue/Costs Bylaw. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to recommend, To Be Made at Town Meeting on Article 29, Acceptance of Foulds Way as a Public Way. Vote approved 5-0. Board of Selectmen Minutes March 31, 2008 5 Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to recommend, To Be Made at Town Meeting on Article 30, Taking ofAutran Avenue for a Public Way. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 31, Establishment of an Excavation & Trench Safety Board. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 32, Removal of Development Restrictions on Map 64, Parcels 18, 9 & 64. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 33, Storm Water Management Bylaw. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 34, Machine Shop Village Neighborhood Conservation District Bylaw. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 35, Amend Section 4.122 of Zoning Bylaw: Residence 4 District. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 36, Amend Section 6 of Zoning Bylaw: Sign Regulations. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 37, New Zoning District, Amending Section 16—Add CDD3. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 38, Rezone Rte. 1251Osgood Street CDD3. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 39, Amend Section 8.1 of Zoning Bylaw:Parking Regulations. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 40, Amend Section 4.2 of Zoning Bylaw:Phased Development. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, Favorable Action on Article 41, Amend Chapter 69 of General Bylaws: Fire Alarms. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 42, Amend Section 2.68 of Zoning Bylaw:Definition of Structure. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 43, Amend Section 4.126& 4.127 of Zoning Bylaw: Special Permit for retail over 50K sq.ft. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 44, Amend Zoning Map 2302 Turnpike Street—Map 108A Lot 9—R2 to B2. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend, To Be Made at Town Meeting on Article 45, Amend Zoning Map—396-398 Andover St. 404,424,426 Andover St. from R4 to B1. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to DELETE Articles E, F, G, H, N2, N3, N4, N5, N7, N8, S, T, AA, and 11. Vote approved 5-.0. Signing of the Warrant The Board of Selectmen signed the Warrant at their meeting on March 31, 1008. Board of Selectmen Minutes March 31, 2008 6 Massachusetts State Lottery Commission: Keno to Go The Massachusetts State Lottery Commission will be expanding its Keno game to allow for the sale of Keno tickets at all lottery outlets, not just the ones that have Keno video screens. Purchasers of these Keno tickets could check online whether or not they won by via their home computers. If the Board agrees with the expansion of Keno to Go, the Board takes no action on this item. If you should oppose this revised game being available in town, the Board can file for an appeal with the Lottery Commission within 21 days after receipt of this letter. The Board took no action on this item and will allow Keno to Go at lottery outlets in North Andover. NEW BUSINESS: Proposed change to the Personnel Policy Per the Town's personnel bylaw, the Town Manager recommended that the Board change the current personnel policy to allow for the payment of"Holiday Pay"to the Fire Chief and the Police Chief. A survey of area chiefs indicate that many towns provide this benefit and it is necessary for North Andover to provide an adequate compensation package to its chiefs. In accordance with the Special Town Meeting vote, in order to change the Personnel Bylaw, the Board must first advertise and conduct a public hearing prior to voting on the recommended changes or amendments. The Selectmen agreed to propose changes to allow"Holiday Pay"for the Police Chief and Fire Chief. Daniel Lanen said that the Deputy Fire Chief should receive the same "Holiday Pay" as the Chiefs received. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to propose the change in the personnel bylaw to allow the Police Chief, Fire Chief and Deputy Fire Chief to receive "Holiday Pay" and to conduct a Public Hearing prior to their vote. Vote approved 5-0. TOWN MANAGER'S REPORT: Construction at the Old Center will commence this week and the work will be posted on the town's website. The Winter Ice Skating program made a profit of$4,900 because the Brooks School did not charge the town for use of their ice facility. The Recreation Council decided to put the funds raised toward the cost of the Summer Concert Series. The Purchasing Director is in the process of completing an RFP for the Police Station. ADJOURNMENT: Richard Nardella made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 9:10 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board