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HomeMy WebLinkAbout2008-08-11 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 11, 2008 SWEARING IN CEREMONY Firefighters Gary Ford and Jeffrey Garside and Temporary Fire Lieutenant Timothy McGuire were sworn in prior to the start of the meeting. CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLIGIANCE ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Mark J.T. Caggiano Clerk; Richard A. Nardella, Licensing Chairman; Daniel P. Lanen; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Richard Nardella made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Real Estate property acquisition and strategy for potential and anticipated litigation and to confer with legal counsel for confidential legal advice and assistance, and to return to Open Session. The Board was individually polled and each voted to move into Executive Session. Roll call vote approved 5-0. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the Open Session Minutes as AMENDED of July 14, 2008. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Commendations for Police Officers and Fire Fighters Police Officers Michael Gilligan, Daniel Lanen, Eric Sewade and Fire Fighters Fred McCarthy, William McCarthy, James Daw, Brian Freeman, Barry Sullivan, Jack Risacher, Jeffrey Judge, Matthew Davis, Timothy McGuire, Graham Rowe, Matthew Lacolla, Ryan Nicolosi and Daniel Ryan were commended for their actions with regards to public safety. Appointments 1. Government Review Committee Mark Caggiano made a MOTION, seconded by Daniel Lanen, to increase the membership from seven to nine members. Vote approved 5-0. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the appointments of the following to the Government Review Committee: George Vozeolas, William Dolan, Bob Ercolini, Don Stewart, Jeanne Colachico, John Simons, Susan Haltmier, and James Medeiros. Ex-Officio Members are Charles Salisbury and Joyce Bradshaw. Vote approved 5-0. 2. Housing Trust Fund Trustees Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the appointments of the following to the Board of Trustees of Housing Trust Fund: George Koehler, Mark Rees, John Simons, Tracy Watson, and Mary Beth Soucy. Vote approved 5-0. 3. Wireless By-Law Review Committee Richard Nardella made a MOTION, seconded by Daniel Lanen, to approve the appointments of the following to the Wireless By-Law Review Committee: Curt Bellavance, Judy Tymon, Albert Manzi III, Thea Fournier, Gin Vilante and Karen Carroll. Vote approved 5-0. 4. Solid Waste Advisory Committee TABLED Board of Selectmen Minutes August 11, 2008 2 5. Planning Board, Associate Member Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the appointment Courtney LaVolpicelo to the Planning Board as Associate Member. Vote approved 5-0. 6. Merrimack Valley Planning Commission Richard Nardella made a MOTION, seconded by Mark Caggiano, to approve the appointment of Anthony Capachietti to the Merrimack Valley Planning Commission. Vote approved 5-0. Note: Daniel Lanen recused 7. Auxiliary Police Officers Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the recommended appointments for Auxiliary Police Officers to the North Andover Emergency Management's Auxiliary/Special Police: Renzo A. Binaghi, Kara Caffrey, Amy McCarthy, Anthony Rossetti and David Salois. Vote approved 4-0. Selectman Rosemary Smedile offered the Board's sympathy to the Coco Family for the loss of John Coco who served as North Andover's Emergency Management Director for many years. Selectman Richard Nardella gave kudos to the to the North Andover Police and Fire Departments that hosted a National Night Out on August 5, 2008. Nardella publicly thanked the many businesses that donated food and supplies to make the night a success. Note: Daniel Lanen returned Public Comment Ted Tripp of 262 Boston Road asked a question concerning money that was earmarked for North Andover by the Legislature and how these projects were selected. Town Manager Mark Rees answered that the Legislators contacted his office requesting a list of priority project that the Town would need. Various departments made recommendations; these projects were presented to the Board of Selectmen and sent back to the Legislators. Only the Governor can appropriate the funds. CONSENT ITEMS: Donations to Summer Concerts and Children Shows Mark Caggiano made a MOTION, seconded by Daniel Lanen, to accept donations from Greater Lawrence Community Action Council for$1,000; Citibank for$750; and Joe's Variety, Naaman Naamani for an additional $32, a total of$182 collected. Vote approved 5-0. Donation to Fire Department Mark Caggiano made a MOTION, seconded by Richard Nardella, to accept donation from the Leland Family for$300 to the Fire Department. Vote approved 5-0. Note: Daniel Lanen recused Acceptance of Grant: Child Passenger Safety Grant Mark Caggiano made a MOTION, seconded by Richard Nardella, to accept a grant of$8,730 from the Executive Office of Public Safety for Child Passenger Safety Programs. Vote approved 4-0. Note: Daniel Lanen returned Warrant for September 16, 2008, State Primary Election Town Clerk Joyce Bradshaw requested the Board sign the Warrant for the State Primary Election scheduled for Tuesday, September 16, 2008. Board of Selectmen Minutes August 11, 2008 3 Mark Caggiano made a MOTION, seconded by Richard Nardella, approved and signed the Warrant for the State Primary Election scheduled for Tuesday, September 16, 2008. Vote approved 5-0. Right of First Refusal, 200 Chickering Road, Unit 103B Mark Caggiano made a MOTION, seconded by Tracy Watson, not to exercise the right of first refusal on the property of 200 Chickering Road, Unit 1038. Vote approved 5-0. LICENSING: Richard Nardella made a MOTION, seconded by Mark Caggiano, to move into Licensing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to open a Public Hearing for Stachey's Pizza. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to close the Public Hearing for Stachey's Pizza. Vote approved 5-0. Stachey's Pizza: Common Victualler License, Entertainment License and Wine & Malt License Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Licenses for Common Victualler, Entertainment and Wine and Malt for Stachey's Pizza, 21 High Street. Vote approved 5-0. The Keys Grille: Alteration of Premises Kevin O'Loughlin owner of the Key's Grill requested the Board's approval to alter the premises for the purpose of providing outdoor seating during the summer months. There were questions of whether the outdoors seating area was enclosed as specified by the ABCC for extensions to patio and outdoors seating areas where alcoholic beverages would be served. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the additional outdoor seating contingent to the applicant making the necessary changes to making the outside serving area enclosed as suggested by the Licensing Chairman and for his review after the changes were made. Vote approved 5-0. Bertucci's Brick Oven Ristorante: Change of Manager, Kevin Pasieka Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the change of manager for Bertucci's Brick Oven Ristorante to Kevin Pasieka. Vote approved 5-0. Bazaar Permit/One-Day Malt and Wine License: DB's Baseball/Softball, September 13, 20, &27, 2008 David Bettencourt of DB's Baseball Facility has applied for a bazaar permit and one-day malt&wine license for September 13,20, and 27, 2008. Town Counsel submitted an advisory memorandum stating that the holders of a Bazaar Permit are required, pursuant to 961 CMR 4.04(9) to "retain the services of a police officer of the city or town where the Function is conducted who shall be in attendance from the time sale of admission commences until Net Proceeds have been secured by deposit or otherwise." The Board also has to take into consideration the policy of the Police Chief who does not permit North Andover Police Officers to work on a detail where alcoholic beverages are served. Thus, because a Bazaar Permit requires that a police officer be present, a one-day alcoholic beverage license cannot be granted in a manner that is consistent with the policy of the police chief that prohibits police officers from working the detail, due to the serving of alcohol. The applicants David Bettencourt and Ann Gubellini said that they are trying to raise $24,000 for children of the NE Firebirds baseball team and thought that they could hold this event on three consecutive weekends at their facility at 1600 Osgood Street. They did not know that this was a problem having a Bazaar Permit for gambling and a Malt&Wine License. Board of Selectmen Minutes August 11, 2008 4 Because of the circumstances and the technicalities the Board suggested that they could have the fundraiser without liquor in North Andover at an establishment such as the Knights of Columbus Camelot Hall or the Stevens Estate Function Hall or hold it in another city or town. David Bettencourt owner of DB's Baseball withdrew his application for a three-day liquor license. Mark Caggiano made a MOTION, seconded by Tracy Watson, to move out of licensing. Vote approved 5-0. PUBLIC HEARINGS: Chapter 43D Expedited Permitting Regulations Tracy Watson made a MOTION, seconded by Daniel Lanen, to open the Public Hearing for Chapter 43D Expedited Permitting Regulations. Vote approved 5-0. Community Development Director Curt Bellavance and Judy Barrett of Community Opportunities Group consultant for the Town put together a draft Chapter 43D Expedited Permitting Regulations for the Town of North Andover. This drafted plan was presented to the Board for review and also was sent to all the Land use boards for review. The Selectmen asked questions and suggested changes and modifications and will wait until all Land Use Boards meet to review and make comments to the draft proposal before voting. Mark Caggiano made a MOTION, seconded by Richard Nardella, to continue the Public Hearing until their next meeting on September 8, 2008. Vote approved 5-0. OLD BUSINESS: Academy Road Improvements Over the past year a project was proposed for improvements to Academy Road using Chapter 90 funding. The area where improvements are to be made is between the North Parish Church and the intersection with Osgood Street outside the limit of work for the Old Center Project. The project was proposed to improve public safety by eliminating storm water runoff on the roadway, replacing deteriorated pavement, and installing sidewalks along the northeast or Kittridge Farm side of the roadway. Opposition to the project has come about because many of the residents oppose the installation of sidewalks. They feel it will compromise the picturesque and historic roadway. After a lengthy discussion, the Selectmen suggested the primary issue was to take care of the drainage problems first and completed this fall so as not to have icing conditions again this winter. There was extensive discussion about the need for widening the roadway and repairing the culvert where the brook crosses under Academy road near Osgood Street. This is a major project that will require assistance from outside design consultants and major permit approvals. Public Works Director Bruce Thibodeau said that there are two options for funds either a Capital Improvement Project or Chapter 90 money. There were several residents that made statements, which appeared to be the sentiment in opposition to the sidewalks. Reasons cited were: the reduction in traffic, both vehicle and pedestrian; the fact that school aged individuals will not use sidewalks; that the students should walk to Mass Avenue and use the new traffic signals. Their main issue is that this road is one of the few historic scenic vistas left in Town. The Selectmen suggested that the sidewalks would not be installed at this time and would be revisited at a future date. Order of Taking As a result of Article 30 of the Annual Town Meeting held on May 13, 2008, the Board was asked to execute the order of taking for Autran Avenue and Foulds Terrace. Board of Selectmen Minutes August 11, 2008 5 Mark Caggiano made a MOTION, seconded by Richard Nardella, to adopt the Order of Taking for Autran Avenue and the Order of Taking for Foulds Terrace, to award no damages for said takings, and direct that the Orders of Taking be recorded at the North Essex Registry of Deeds. Vote approved 5-0. Acquisition of 1475 Osgood Street The Town received the environmental report on the property from SAK Environmental with no issues identified. Town Counsel Thomas Urbelis notified the Town of a small problem with the title of the property and asked for an extension until September 15, 2008, before the Purchase and Sales Agreement could be signed. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to agree to extend the signing of the Purchase and Sales Agreement until September 15, 2008. Vote approved 5-0. Audit Committee Charge The Town Manager gave the Board a preliminary draft of the Audit Committee guidelines to review. Note: Mark Caggiano recused Historic Preservation Restriction As a result of the CPA funding in 2004 for steeple and foundation restoration at the North Parish Church, the Board was asked to approve an historic preservation restriction on the property. Both Town Counsel and the Community Preservation Committee have reviewed and approved the restriction language. The Historical Commission was scheduled to endorse the restriction prior to the Board's meeting. Tracy Watson made a MOTION, seconded by Daniel Lanen, to accept and endorse the Historic Preservation Restriction, and to sign all documents with appropriate notarization. Vote approved 4-0. Note: Mark Caggiano returned Mark Caggiano made a MOTION, seconded by Daniel Lanen to take a 10-minute recess. Vote approved 5-0. NEW BUSINESS: FY10 Budget/Town Meeting/Elections Calendar Town Clerk Joyce Bradshaw presented the proposed FY10 Budget/Town Meeting/Elections Calendar for the Board's review. The recommended date for the Annual Town Meeting is set for Tuesday, May 12, 2009. This is a very busy election year, the state primary is Tuesday, September 16, 2008, at the NA High School, polls open 7:00 AM to 8:00 PM; voter registration deadline is Wednesday, August 27, 2008, 8:00 PM. The Presidential State Election is Tuesday, November 4, 2008, at the NA High School, polls open 6:00 AM to 8:00 PM, voter registration deadline is Wednesday, October 15, 2008, 8:00 PM. The Annual Town Election is Tuesday, March 31, 2009, at the NA High School; polls open 7:00 AM to 8:00 PM. Mark Caggiano made a MOTION, seconded by Richard Nardella, to approve the proposed Calendars. Vote approved 5-0. Note: Daniel Lanen recused Reserve Police Officers Police Chief Richard Stanley requested the Board to approve a requisition of nine Reserve Police Officers for the Department. The Civil Service Reserve list was at twelve and currently the department only has three remaining. The Town Manager would work with the Police Chief on a point scale system of evaluating each Reserve Officer candidate. Board of Selectmen Minutes August 11, 2008 6 Mark Caggiano made a MOTION, seconded by Tracy Watson, to authorize Police Chief Stanley to call for a new nine-person list for Reserve Police Officers. Vote approved 4-0. Updated Police Department Policies and Procedures Police Chief Richard Stanley presented the updated Police Department policies and procedures to the Board for review on August 1, 2008. Sgt. Dianne Heffernan was commended for her diligent work on this project. Richard Nardella made a MOTION, seconded by Mark Caggiano, to adopt the Police Department Policies and Procedures. Vote approved 4-0. Note: Daniel Lanen returned Request to Waive Sewer Betterment Charge The Public Works Department is recommending waiving the sewer betterment fee for 45 Woodberry Lane as a result of the property owner providing the Town with a sewer easement on the property. The Board is asked to agree and waive the betterment fee and provide the homeowner free sewer connection. Mark Caggiano made a MOTION, seconded by Tracy Watson, to approve the betterment fee waiver and to provide free sewer connection to 45 Woodberry Lane. Vote approved 5-0. TOWN MANAGER'S REPORT: On Tuesday, August 5", the North Andover Police Department hosted a National Night Out event at the North Andover Middle School. The Town submitted a number of projects for the FY09-12 Transportation Improvement Plan: ➢ Signalize intersection of Johnson Street and Route114 ➢ Signalize intersection of Sharpners Pond Road and Route 114 ➢ Widen bridge on Route 114 at the Shawsheen River to four travel lanes ➢ Sidewalk improvements on Route 114 from Merrimack College to the Lawrence city line The Town has contacted the Massachusetts Department of Conservation regarding additional signage at the end of Sharpners Pond Road. Chief Stanley will provide an update. The Board needs to reschedule its Planning Retreat and also needs to develop a list of policy objectives to discuss at the workshop. There has been some general inquiry as to when the Board holds executive session during its meetings. Options include executive session remaining at the beginning of the meeting, moving it to the end of the meeting, or scheduling executive session at 6:30 p.m. with the open session posted for 7:00 p.m. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Daniel Lanen, to adjourn the meeting at 10:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Mark. J. T. Caggiano, Clerk of the Board