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HomeMy WebLinkAbout2008-04-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 28, 2008 CALL TO ORDER: Chairman Mark J. T. Caggiano called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLIGIANCE ATTENDANCE: The following were present: Mark J.T. Caggiano, Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman; Daniel P. Lanen; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Collective Bargaining. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the minutes of April 14, 2008, Open Session and Executive Session as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognitions The Board of Selectmen presented Certificates of Appreciation to two businesses, Jackson Kitchen Designs and Nexamp, Inc. for locating their businesses in town. Neighborhood Crime Watch Meeting — May 20, 2008 The Police Department conducted a Neighborhood Crime Watch Meeting on April 16, 2008 at the Thomson School with over 250 residents in attendance. A future meeting will be held on Tuesday, May 20, 2008, at the North Andover Middle School at 7:00 pm. Poet Laureate Committee The Poet Laureate Make Souza has completed his project and in conjunction with the Stevens Library will be conducting a reception on April 28th to highlight his initiatives to enhance poetry in North Andover through his project titled "North Andover's Poetry Passion Project Artists"with over 70 pieces of art. The Poet Laureate Committee, who nominates the Poet Laureate, is requesting that the Board reduce its membership from nine members to seven. If this request is approved, there will be three applicants for two positions. The appointments subcommittee will be requested to interview these candidates and make a recommendation to the full Board at the next meeting. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the request and reduce the Poet Laureate Committee from nine members to seven members. Vote approved 5-0. Public Comment Donald Stewart of 52 Prospect Street said that there were numerous potholes on the streets in town and said that these would cause damaged and possible accidents on the roadways. CONSENT ITEMS: Acceptance of Donations/Grants The Board was asked to accept donations from local businesses and residents to support the Summer Band Concerts and Children Shows. Board of Selectmen Minutes April 28, 2008 2 Summer Band and Children Shows Rosemary Smedile made a MOTION, seconded by Tracy Watson, to accept the following donations: Mr. Thomas Ippolito-$75; AFSCME Council 93, Local 29788-$250; Conte Funeral Homes-$100; 1600 Osgood Street, LLC-$100; St. Michaels Parish-$250. to support the Summer Band Concerts and Children Shows. Vote approved 5-0. Tree at Town Common In recognition of Earth Day, Rocky's Ace Hardware has donated a flowering purple plum tree to be planted in the Town Common. The Board is requested to accept the donation. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to accept the donated tree from Rocky's Ace Hardware to be planted in the Town Common. Vote approved 5-0. Stevens Pond Pavilion The Stevens Pond Pavilion project received CPA funding in the amount of$186,000. After the encumbrance for architectural services and miscellaneous expenses incurred, the account has a balance of$170,589. The lowest contractor bid received for the project was $210,069, leaving a deficit of$39,480. In order to proceed with the project, the town received the following donations from Businesses and residents to eliminate the funding deficit. The Board was asked to accept the following donations: Grant from Stevens Foundations- $30,000; Donations from Wheelabrator North Andover-$5,000; Minco Corporation-$500; North Andover Improvement Society-$2,000 and Harold Dushame-$2,500. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to accept the grant and donations from the businesses and residents in the amount of$40,000. Vote approved 5-0. PUBLIC HEARINGS: Rosemary Smedile made a MOTION, seconded by Tracy Watson, to open the Public Hearing. Vote approved 5-0. Street Layout Hearing —Foulds Terrace Per state law, in order for a road to become a public way, two affirmative votes have to be taken. The first vote, by the Board of Selectmen, is to approve the "layout" of the road and the second vote, by Town Meeting, is to accept the road as a public way. The DPW, Planning Board, Conservation Commission and Town Counsel have reviewed this matter and have found that Foulds Terrace is suitable to be laid out and to be recommended for acceptance at our Annual Town Meeting in May. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to close the Public Hearing. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to approve the "layout" of the Foulds Terrace. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to recommend the acceptance of "Foulds Terrance" at the Annual Town Meeting. Vote approved 5-0. LICENSING: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 5-0. Security Plan for China Blossom Restaurant Licensing Chairman Richard Nardella requested that the Board approve the security plan that was submitted by the China Blossom Restaurant. The Police Department has reviewed the plan and is recommending its approval. Board of Selectmen Minutes April 28, 2008 3 Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to accept and approve the security plan submitted by the China Blossom Restaurant. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Design Change at the Old Center Traffic Improvement Project There has been a request by residents to modify the design of the curbing on Osgood Street between Old Village Lane and Massachusetts Avenue, on the side opposite the Common. A decision is needed quickly since the final paving is scheduled for the week of May 12th, 2008. The residents also requested whether to allow parking during special events on that side on Osgood Street. Public Works Director Bruce Thibodeau said that the original design was to install a bituminous concrete berm, which would allow vehicles to drive over it and to park on the grass along the side of the road (the right-of-way). Thibodeau recommended installing a slanted granite curbing along this portion of Osgood Street. The slanted granite curbing would minimize potential damage and maintenance issues resulting from snow plowing operations during the winter months. The installation would result in an additional expense of approximately$15,000. Residents Mary Ellen Osgood of 38 Osgood Street, Keith Mitchell of 188 Salem Street and Barbara Lenihan of 58 Osgood Street voiced their opinions regarding parking issues during special events on the Common, safety concerns, traffic light, and the type of curbing to be installed. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to permit parking on the even side of Osgood Street only during special events on the Common. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to modify the type of curbing as recommended by the Public Works Director and install a slanted granite curbing along this portion of Osgood Street with an additional expense of approximately $15,000. Vote approved 5-0. Preparation for Annual Town Meeting The Town Manager requested the Board vote on their position on a few Town Meeting Warrant Articles. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article 10, FY09 General Fund Budget Amended by the Finance Committee. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to recommend Favorable Action on Article 13, FY09 Stevens Estate Fund Budget. Vote approved 5-0. CPA Chairman John Simons was present at the meeting to answer any questions regarding Article 16, Report of the CPA Committee and Appropriation from CPA Fund. Rosemary Smedile made a MOTION, seconded by Tracy Watson, to recommend Favorable Action on Article 16, Report of the CPA Committee and Appropriation from CPA Fund. Vote approved 5-0. The Town Manager presented a spreadsheet with accompanying detail that shows the amount of money available for the appropriation of funds to purchase the Merrimack Valley Federal Credit Union Building. A prioritization of project components that could be achieved and still stays within the budget. Article 19, Appropriation/Transfer/Borrowing of funds to purchase MVCU and renovate as a police station. The Board of Selectmen wants to make it very clear that they do not support the Finance Committee's recommendations on eliminating the cost of the police station and the preschool from the general budget. The Finance Committee is suggesting asking residents for a $7.7 million Prop 2'h Override. The Board does not want to ask residents to support another override for these buildings. The Town Manager said these projects are doable with keeping debt service costs under 5 percent. Board of Selectmen Minutes April 28, 2008 4 Town Counsel gave an opinion regarding ramifications (if any) of a positive vote on Article 25 Enforcement of General and Zoning Bylaws and Article 26 Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3 (c)(v)(1). An affirmative vote on Article 25 would have no binding effect upon the Zoning Board of Appeals or Planning Board, which are Boards that have their own statutory responsibilities. Town Counsel gave an opinion regarding ramifications (if any) of a positive vote 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. An affirmative vote on Article 26 would have no binding effect upon the Zoning Board of Appeals, which is a Board that has its own statutory responsibilities. Richard Nardella made a MOTION, seconded by Tracy Watson, to recommend Unfavorable Action on Article 26, Enforcement of Zoning Bylaw Section 8.9 Wireless—Review of Site Plan 300 Chestnut Street, Vote approved 5-0. A concern has been raised that adoption of petition Article 27 Amend General Bylaws—Add New Chapter —Eminent Domain, as written, may preclude the Town from exercising the option of a "friendly taking" of a privately held sewer line on the property held by Ozzy Properties at 1600 Osgood Street. Town Counsel is suggesting a modification of the petition Article. Mr. Ted Tripp, 60 Boston Road has reviewed this with Town Counsel and is in the process of modifying the Article and would be amicable to changing the Article to specifically naming sewer lines. Article 28, Amend General Bylaws— Chapter 17 Section 9 Fixed Revenue/Costs Bylaw— Recommendation To Be Made at Town Meeting. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article 29, Acceptance of Foulds Way as a Public Way. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Tracy Watson, to recommend Favorable Action on Article 37, New Zoning District, Amending Section 16-Add CDD3. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action on Article 38, Rezone Rt. 125 10sgood Street CDD3. Vote approved 5-0. Article 40, Amend Section 4.2 of Zoning Bylaw: Phased Development Recommendation to Be Made at Town Meeting. Richard Nardella made a MOTION, seconded by Daniel Lanen, to recommend Favorable Action. Withdrawn. Article 42, Amend Section 2.68 of Zoning Bylaw: Definition of Structure. Rosemary Smedile said she would rather wait and gather more information about this Article and make the decision at Town Meeting. NEW BUSINESS: Flag Pole Lighting and Yardarm Proposal Veterans Director and Chair of the Patriotic Observance Committee Edward Mitchell has been tasked to: 1) Formulate a set of rules and guidelines for flying flags at Half-staff in the event of a death of a Town elected official or former elected official, Town employees or retired employees. 2) Conduct a feasibility study of lighting all flagpoles at town-owned or town-controlled buildings playground and parks. Board of Selectmen Minutes April 28, 2008 5 It is recommended that the Town restrict the lowering of the American and State Flag to the day of burial for the passing of an employed Police Officer, Fire Fighter or presently serving elected official. If the death is in the line of duty then the flags should be lowered from the date of death until date of burial. Within the FY08 Budget, $15,000 was allocated to improve the Town's numerous flagpoles. The recommendations are as follows: 1) Replace the Fire Station/Town Hall flagpole with a new flagpole with yardarm. 2) Install in-ground lighting at Patriots Memorial Park 3) Install yardarms at Patriots Memorial Park&Old Common Center. Tracy Watson made a MOTION, seconded by Daniel Lanen, to endorse the recommendations of the Patriotic Observance Committee regarding the flag pole rules and regulations, lighting and yardarm proposal. Vote approved 5-0. TOWN MANAGER'S REPORT: The Fire Department has been awarded a state grant of$4,700 for Student Awareness. ADJOURNMENT: Rosemary Smedile 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