HomeMy WebLinkAbout2009-04-13 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 13, 2009
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; Tracy M. Watson,
Clerk; Richard A. Nardella, Licensing Chairman; William F. Gordon; Daniel P. Lanen; Ray Santilli, Assistant
Town Manager.
Mark Rees, Town Manager was absent.
EXECUTIVE SESSION:
Richard Nardella made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss
Collective Bargaining. Vote approved 5-0.
APPROVAL OF MINUTES:
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the open session minutes of March
23, 2009. Vote approved 4-0-1. William Gordon abstained.
Tracy Watson made a MOTION, seconded by Richard Nardella, to approve the executive session minutes of
March 23, 2009. Vote approved 3-0-2. Daniel Lanen and William Gordon abstained.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Chairman Rosemary Smedile congratulated incumbent selectman Daniel Lanen on his re-election and
welcomed the newly elected William Gordon to the Board.
New Business Recognition
The Board presented a Certificate of Appreciation to Quic Pic Convenience Store for locating their business in
town. The store is located on Rte. 125, and includes a new post office satellite station. Post Office hours of
operation are Monday—Friday, 7:00 a.m. to 7:00 p.m. and Saturday, 9:00 a.m. to 3:00 p.m.
Credentialed Manager Designation
The Town Manager was designated as a "Credentialed Manager" by the professional organization, the
International City Managers Association.
Arbor Day Ceremony and Proclamation
On May 7, 2009, the Public Works Department in conjunction with the North Andover Public Schools and the
North Andover Improvement Society will celebrate Arbor Day at the Franklin School. The Board read a
Proclamation for this event and will send a representative to present the proclamation.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the Arbor Day Proclamation. Vote
approved 5-0
Appointments
The appointment sub-committee consisting of Rosemary Smedile and Tracy Watson recommended the
appointment of Susan Christensen to the Commission on Disabilities and requested the Board's approval.
Tracy Watson made a MOTION, seconded by Daniel Lanen, to approve the appointment of Susan
Christensen to the Commission on Disabilities. Vote approved 5-0.
Board of Selectmen Minutes April 13, 2009 2
Display on Town Common
The North Andover Patriotic Observance Committee is decorating Town Common with yellow ribbons, flags,
bunting and welcome home banners in recognition of LCPL Sean Powers and LCPL Kristofer Jenkins
returning home from Iraq.
Merchants Association Meeting
Tracy Watson announced that the North Andover Merchants are invited to a meeting held on Wednesday,
April 15, 2009, at 7:00 p.m. at Town Hall, Selectmen's Meeting Room.
Licensing Chairman Announcement
Richard Nardella announced that the Alcoholic Beverage Control Commission (ABCC) of Massachusetts
suspended the liquor license for the Millennium Eatery, Inc. Beijing Restaurant for a total of eleven (11) days
commencing on Wednesday, May 20, 2009 through Wednesday, May 27, 2009. The violation was three
counts of possession of an alcoholic beverage by a person under 21 years of age.
Public Comment
William Dolan 12 Bacon Avenue asked the Board to reconsider joining the Regional Emergency Dispatch
Center and was disappointed that the Town chose not to participate at this time.
The Board said that Chief Stanley, Chief Martineau and the Town Manager would objectively look at the
positive and negative aspects of joining the Regional Emergency Dispatch and would report back to the Board
of Selectmen.
Donald Stewart 52 Prospect Street said that as he walked the streets in town he noticed that there were at
least 20 street signs missing and would appreciate it if the public works department would replace street signs.
CONSENT ITEMS:
Acceptance of Donations
Note: Daniel Lanen recused
Donation to Police Department
The Board was asked to accept a $500 donation from Converse, Inc. to be used for the Student Police
Academy and Youth programs.
Richard Nardella made a MOTION, seconded by Tracy Watson, to accept the donation from Converse, Inc. for
$500 to the Police Station to be used for the Student Police Academy and Youth programs. Vote
approved 4-0.
Note: Daniel Lanen returned
Grant to support Summer Children's Shows
The Board was asked to approve a grant from the North Andover Cultural Council in the amount to $800 given
to support the Summer Children's Shows.
Richard Nardella made a MOTION, seconded by William Gordon, to approve and accept the grant of$800
given to support the Summer Children's Shows. Vote approved 5-0.
North Andover Enrichment Council "Knight Lights"
Kristen Hollenbeck Chair of the North Andover School's Enrichment Council requested permission to conduct
"Knight Lights" on Town property Memorial Park and the Stevens Memorial Library on January 31, 2010.
Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the request to conduct"Knight
Lights" on Town property Memorial Park and the Stevens Memorial Library on January 31, 2010, from 4:00
p.m. to 7:00 p.m.. Vote approved 5-0.
Board of Selectmen Minutes April 13, 2009 3
American Lung Association "Cross State Trek, Hills to Harbor Cycle Race
Paul Curley, Route Manager of the American Lung Association requests permission to use town roads on
June 28, 2009 for the "Cross State Trek, Hills to Harbor Cycle Race.
Richard Nardella made a MOTION, seconded by William Gordon, to approve the request by the American
Lung Association to use town roads on June 28, 2009 for the "Cross State Trek, Hills to Harbor Cycle Race.
Vote approved 5-0.
Request to Fill Vacancies
Library Staff
Director of the Steven Memorial Library Mary Rose Quinn requested approval to fill an 18-hour permanent
part-time position to staff the Circulation Desks in the Adult and Children's departments.
Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the request to fill an 18-hour
permanent part-time position to staff the Circulation Desks in the Adult and Children's departments. Vote
approved 5-0.
Note: Daniel Lanen recused
Police Station
Police Chief Richard Stanley requested approval to fill an immediate vacancy for a Communications Officer
due to a sudden resignation.
Richard Nardella made a MOTION, seconded by William Gordon, to approve the request to fill an immediate
vacancy for a Communications Officer. Vote approved 4-0.
Note: Daniel Lanen returned
OLD BUSINESS:
Department of Public Works Projects
Public Works Director Bruce Thibodeau provided updates for spending chapter 90 funds.
Chapter 90 projects, Pothole Repairs and Spring Clean Up Activities
Bruce Thibodeau said his crews have been very busy with patching pot holes, collecting and chipping
branches and debris from the December ice storm, street sweeping, cleaning catch basins, preparing athletic
fields and general repairs from plow damage.
The Solid Waste Advisory Committee would be holding their annual clean up day on Saturday, May 2, 2009.
Town Engineer Gene Willis presented plans for the improvements on Main Street. This would be done in
three intervals of time as follows: The section from Third Street to Water Street is scheduled from May 24
through July 5; Waverly Road to Water Street is scheduled from July 5 through August 16; Waverly Road to
Sutton Street from August 16 through October 4, 2009.
Sanitary Sewer Extensions
The Board previously reviewed and discussed the Town's Comprehensive Waste Water Management Plan
(CWMP). This is a multiyear plan to bring sanitary sewer lines to un-served areas of the Town. The focus has
been on the Phase I portion of the plan, which would provide sewerage to the "encapsulated" areas of town, or
those predominately residential properties that are surrounded by already existing sewer lines. A public
meeting was held with residents to describe the project and to get feedback from them. Based on the
information from that meeting, Public Works Director Bruce Thibodeau recommended going forward with
Priority No. 1. Further he believes that a reasonable betterment percentage is 50%, this is comparable to what
a typical repair to an approved Title V on site disposal system costs today.
The Board was asked to make a decision whether or not to add this sewer extension project to Capital
Improvement Plan to be voted on at Annual Town Meeting.
Board of Selectmen Minutes April 13, 2009 4
Richard Nardella made a MOTION, seconded by Daniel Lanen, to add the sewer extension project to the
Capital Improvement Plan to be voted on at Annual Town Meeting. Vote approved 4-1. William Gordon
opposed.
Administrative Consent Order: Bear Hill Water Distribution Upgrades
Public Works Director Bruce Thibodeau has been in discussions with the Department of Environmental
Protection regarding the possibility that may impose the Town a consent order requiring upgrades to the Bear
Hill portion of our water system to address low-pressure issues. As part of the Water CIP that was previously
approved, a booster pump station was included requesting Town Meeting to authorize funding to address this
problem.
The ACO schedule requires the Town to respond by June 1, 2009 with written correspondence that the
funding for the booster pump station has been approved and provided a schedule for completion of the
construction. Town Counsel is reviewing the document with comments.
NEW BUSINESS:
Preparation for Annual Town Meeting: Vote on Recommendations
The Board was requested to review the warrant articles and vote on their recommendations to be included in
the warrant book. Various sponsors of warrant articles were invited to the meeting to provide supplemental
information for the Board's consideration.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
1: Report of Special Committees. Vote approved 5-0
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
2: Reports of Receipts and Expenditures. Vote approved 5-0.
Tracy Watson 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
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
4: Authorization to Accept Grants of Easement. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
5: Authorization to Grant Easements. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
6: Compensation of Elected Officials. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 7: Amend General Fund Appropriation for Fiscal Year 2009. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 8: Amend Water Enterprise Fund Appropriation for Fiscal Year 2009. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 9: Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2009. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 10: Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year
2009. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
11: Prior Years Unpaid Bills. Vote approved 5-0
Board of Selectmen Minutes April 13, 2009 5
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
12: Amend Capital Improvement Plan Appropriation from Prior Years. Vote 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 13: General Fund Appropriation Fiscal Year 2010. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 14: Transfer of Funds into the Stabilization Fund. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 15: Appropriation of Additional Funds for the Stevens Memorial Library FY2010 budget.
Vote approved 5-0.
Richard Nardella made a MOTION, seconded by Tracy Watson, to recommend Favorable Action on Article
16: Funding for Public Building Development Master Plan. Vote approved 4-1. William Gordon opposed.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
17: Transfer care, custody and control of the Bradstreet School at 70 Main Street to the Board of
Selectmen. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
18: Water Enterprise Fund Appropriation Fiscal Year 2010. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
19: Sewer Enterprise Fund Appropriation Fiscal Year 2010. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 20: Stevens Estate at Osgood Hill Enterprise Fund Appropriation Fiscal Year 2010. Vote
approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
21: Authorization for the Town Manager to enter into a management contract for the Stevens Estate in
Excess of Three Years. Vote approved 4-1. Daniel Lanen opposed.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 22: Capital Improvement Plan Appropriation Fiscal Year 2010. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
23: Funding for School Department Phone System. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
24: Appropriate funds for building space to house Community School Programs. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
25: Authorization to Establish a Capital Improvement Fund at the Greater Lawrence Technical School.
Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
26: Establishment of Revolving Funds. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
27: Report of the Community Preservation Committee and Appropriation from the Community
Preservation Fund. Vote approved 4-1. Daniel Lanen opposed.
Board of Selectmen Minutes April 13, 2009 6
Daniel Lanen made a MOTION, seconded by Tracy Watson, to recommend To Be Made at Town Meeting on
Article 28: Acquisition of Land using Community Preservation Funds. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
29: Accept Provisions of MGL, Chapter 32B, Section 18A, Enrollment in Medicare Part B. Vote
approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
30: Continuation of MGL, Chapter 59, Section 5K Senior Work Program. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
31: Authorization to Charge Demand Fee for Delinquent Taxes. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 32: Amend Zoning Bylaw—Section 8.9 Wireless Service Facilities. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 33: Amend Zoning Bylaw—Section 8.8(2) Wireless Service Facilities. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
34: Authorization for the Town Manager to lease a portion of the Stevens Estate Land in excess of
three years for the purpose of allowing a wireless communications facility to be constructed at that
location. Vote approved 4-1. Daniel Lanen opposed.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 35: Petition General Court—Special Act— Change in Liquor Quota—All Alcoholic
Beverages for Package Stores— Virginia, Inc. d/b/a J&M convenient Store and Deli located at 701
Salem Street. Vote approved 4-1. Daniel Lanen opposed.
Daniel Lanen made a MOTION, seconded by Richard Nardella, to recommend Unfavorable Action on
Article 36: Placement of Non-Binding Ballot Questions on next Town Election Ballot. Vote approved 4-
1. William Gordon opposed.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to recommend To Be Made at Town Meeting on
Article 37: Circulation of Charter Revision or Adoption Petition. Vote approved 4-1. Rosemary Smedile
opposed.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Unfavorable Action on
Article 38: Facilitation of Completion of the Charter Revision or Adoption Petition of the Town of North
Andover. Vote approved 5-0.
Richard Nardella made a MOTION, seconded by Tracy Watson, to recommend Unfavorable Action on
Article 39: Upholding of Duties in Bylaws. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 40: Amend Zoning Bylaw—Section 18—Downtown Overlay District. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 41: Amend Zoning Map—Downtown Overlay District. Vote approved 5-0.
Richard Nardella made a MOTION, seconded by William Gordon, to recommend Favorable Action on Article
42: Amend Zoning Bylaw—Section 16.2 Corridor Development District 1—Permitted Uses.
Vote failed 1-4.
Board of Selectmen Minutes April 13, 2009 7
William Gordon made a MOTION, seconded by Daniel Lanen, to recommend To Be Made at Town Meeting
on Article 42: Amend Zoning Bylaw—Section 16.2 Corridor Development District 1—Permitted Uses.
Vote approved 4-1. Richard Nardella opposed.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 43: Amend North Andover Zoning Bylaw—Section 11.5 Planned Development District Uses.
Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
44: Amend North Andover General Bylaw, New Chapter, Chapter 160, Storm water Management and
Erosion Control Bylaw. Vote approved 5-0.
Daniel Lanen made a MOTION, seconded by Tracy Watson, to recommend Unfavorable Action on Article
45: Amend North Andover General Bylaw, Chapter 59-5, Information Required for Consideration of
Articles. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend To Be Made at Town Meeting
on Article 46: Petition the Legislature: Special Act to Incur Debt to Put Utilities Underground in Old
Center. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
47: Petition the Legislature—Special Act to Exempt the Town of North Andover from Portions of the
Prevailing Wage Act. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
48: Petition the Legislature: Municipal Group Insurance Committee Legislation. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
49: Amend Vote Article 42-1997 Annual Town Meeting—Removal of Development Restrictions on Map
62, Parcels 18, 9 and 64. Vote approved 5-0
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
50: Establishment of Conservation Restriction—Boston Hill. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
51: Petition the Legislature—Amend North Andover Town Charter-Chapter 9, Section 6-1, Notice of
Public Hearing on Capital Improvement Plan. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend No Action on Article 52:
Petition of the Legislature—Amend North Andover Town Charter— Chapter 9, Section 7-1, Audit of
Town Accounts. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
53: Petition the Legislature—Amend North Andover Town Charter— Chapter 4, Section 3-2(L) Duties
(Town Manager). Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
54: Petition the Legislature—Amend North Andover Town Charter— Chapter 2, Section 6-2, Simplified
Rules of Procedure. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
55: Petition the Legislature—Amend North Andover Town Charter, Chapter 8, Section 5-5, Recall of
Elective Officers. Vote approved 5-0.
Board of Selectmen Minutes April 13, 2009 8
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
56: Petition the Legislature—Amend North Andover Town Charter— Chapter 9, Section 8-1, Limit on
Spending. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella, to recommend Favorable Action on Article
57: Petition the General Court— Option to Impose Fines for License Violations. Vote approved 5-0.
Filling Board of Selectmen Clerk and Designee to School Collective Bargaining positions
The Board was asked to nominate two members of the Board to fill the positions left vacant by Mark Caggiano.
Richard Nardella made a MOTION, seconded by Daniel Lanen, to appoint Tracy Watson to serve as Clerk of
the Board. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Daniel Lanen, to appoint Richard Nardella to serve as designee
to School Collective Bargaining position. Vote approved 5-0.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Richard Nardella, to adjourn the meeting at 10:30 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Tracy M. Watson, Clerk of the Board