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HomeMy WebLinkAbout2009-10-19 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 19, 2009 CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 6:30 PM at Town Hall Meeting Room. PLEDGE OF ALLEGIANCE ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman;William F. Gordon; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Richard Nardella made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss Real Estate Matters, Collective Bargaining and Negotiations with Non-Union Employees. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote approved 5-0. APPROVAL OF MINUTES Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the minutes of September 21, 2009, Open Session. Vote approved 4-1. Daniel Lanen abstained. Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the minutes of October 5, 2009, Open Session. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the minutes of October 5, 2009, Executive Session. Vote approved 3-2. Rosemary Smedile and William Gordon abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition A Certificate of Appreciation was presented to Park Street Travel for locating their business in North Andover. MMA Legislative Breakfast A reminder that the Massachusetts Municipal Association will be holding a regional breakfast on Friday, October 23, 2009 from 8:30 a.m. to 10:00 a.m. at the Stevens Estate. North Andover Business and Community Guide Report The Northeastern Economic Developer's Association notified the Town that the "North Andover Business & Community Guide Brochure"was awarded and "Excellent" rating for the publication. Appointments The Selectmen's subcommittee recommended appointing Chandrika Shah to the Poet Laureate Committee. William Gordon made a MOTION, seconded by Rosemary Smedile, to appoint Chandrika Shah to the Poet Laureate Committee. Vote approved 5-0. Sunday Night Skating The North Andover Youth & Recreation Services is sponsoring Sunday night skating at the Brooks School. This program will run from November 1, 2009— February 21, 2010, from 6:40 p.m. —8:50 p.m. the cost is $3 per person. Board of Selectmen Minutes October 19, 2009 2 Fire Station Celebration The Main Street Fire Station is celebrating its 100 year anniversary on Saturday, October 24, 2009 at 10:00 a.m. Adopt a Wreath Selectman Rosemary Smedile announced that she is accepting donations on behalf of the Town's Adopt a Wreath project. Every year wreaths are placed on poles throughout the downtown area. The donation is $60 per wreath. CONSENT ITEMS: Election Warrants for December 8, 2009 and January 19, 2010 Special Elections Richard Nardella made a MOTION, seconded by William Gordon, to approve the warrants for the December 8, 2009 Special State Primary for the candidates for political parties for the office of United States Senator and the January 19, 2010 Special State Election for the office of United States Senator. Vote approved 5-0. Request to Waive Building Inspection Fees for Modular Classrooms Richard Nardella made a MOTION, seconded by William Gordon, to approve any and all fees and charges related to town inspections, reviews or permits concerning the North Andover Public Schools construction of modular classrooms at the Kittredge Elementary School be waived, including but not limited to the filing fee for a Special Permit Application for the Site Plan Review by the North Andover Planning Board. Vote approved 5-0. Acceptance of Donation from the North Andover Merchants Association Lesley Carson, Vice President of the North Andover Merchants Association presented Rosemary Smedile and the Town of North Andover a donation for$420 towards the purchase Holiday Wreath Brackets. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to gratefully accept a donation from the North Andover Merchants Association to acquire Holiday Wreath Brackets to extend the display of such wreaths along the entire length of Main Street and to direct the Town Manager to send an appropriate Thank You note to the Association expressing the Boards sincere appreciation for this generous gift. Vote approved 5-0. Note: Daniel Lanen recused OLD BUSINESS: Police Policies and Procedures Per state law, the Board of Selectmen is required to approve police department policies and procedures. Approval of these policies is one more step towards departmental accreditation by the Massachusetts Police Accreditation Commission. The Town Manager requested that the Board TABLE two police policies at this time namely"Discipline and Commendations" and "Training"for a future meeting. William Gordon made a MOTION, seconded by Richard Nardella, to approve police department policies and procedures for"cellular phone use", "holding facility", "reserve police officers", "special operations/homeland security", and "domestic violence". Vote approved 4-0. Note: Daniel Lanen returned Underground Utility Project in the Old Center The Town Manager Mark Rees and Assistant Town Manager Ray Santilli gave the Board an updated report on the Old Center project. For the past year Verizon has shown no movement and/or indicated any interest in progressing with their portion of the project. The Town met with Verizon representatives Stan Usovicz and Mr. Zukoski for answers as to when Verizon would move/relocated the poles that interfered in the public way around the Old Center. Verizon was notified that the Board of Selectmen directed Town Counsel to send a strongly worded letter of the Town's request for Verizon to move/relocate the poles that interfered in the public way. Verizon Board of Selectmen Minutes October 19, 2009 3 representatives said they would have their attorneys review the letter and provide a response to the Town. Donald Stewart representing the Commission on Disabilities said the utility poles were obstructing the sidewalks and a potential liability of the poles in the streets. The Chairman of the Commission on Disabilities James Lyons is drafting a letter to send to the State about the issue of poles obstructing the sidewalks. Steve Tryder 386 Chestnut Street said that the Town should contact the Boston Globe about doing a story on the situation with Verizon and the Town to reach more residents. Also to see if the two leases and renewals may have expired for the Verizon cell towers. The Town is discussing alternatives towards bringing this matter to resolution. FY11 Budget Policy Statement The Town Manager presented a draft statement at the Board's last meeting. The Board gave comments to be incorporated into the document. Any additional comments must be sent to the Town Manager by Monday, October 26, 2009. The Board must vote on the FY11 Budget Policy Statement by the next meeting November 9, 2009. Wireless Facilities Lease at Stevens Estate Director of Purchasing Joseph Lydick wrote a memo explaining changes that have come about since the town issued a request for proposals to construct a second cell tower at the Stevens Estate. Basically the business model for the wireless facility industry has changed in that the wireless transmission companies no longer want to own the actual towers but to lease space on towers owned by others. It is recommended that a revised RFP be issued that incorporates these changes in the industry. Steve Tryder 386 Chestnut Street said the Town needs to maximize revenue for all cell towers and if the Town is the landlord, the Town should receive the full rental fee. NEW BUSINESS: Stevens Estate Gate House The Town Manager gave an update of the Stevens Estate Gate House and the options available to the Town and the Board for the renovation of the Gate House using CPA funds of$303,690 approved at 2006 and 2009 Town Meetings. The following options are: • Leave Gate House in present condition without renovating and return CPA appropriation; • Seek a zoning variance with the ZBA, proceed with designed renovation of the Gate House, and lease to a small professional firm; • Seek a zoning change at the next Town meeting, proceed with designed renovation of the Gate House, and lease to a small professional firm; or • Renovate, with design modifications, the Gate House under the present zoning, and lease as a residence. The recommendation was to seek a zoning variance with the ZBA, proceed with designed renovation of the Gate House and to lease to a small professional firm. TOWN MANAGER'S REPORT: Wireless Facility By-Law Revisions The Community Development Director Curt Bellavance gave an updated report of the status of the revised wireless bylaw. The district would allow wireless facilities installations, with the permission of the property owner. The Town has begun the process of identifying parcels throughout the town that could be included in this district: 1) All non-residential structures which contain wireless facilities which are completely contained within the structure. Board of Selectmen Minutes October 19, 2009 4 2) All parcels within the following zoning districts: Business 2 and 3; Corridor Development Districts 1, 2 and 3; Industrial 1 and 2. 3) All Commonwealth of MA parcels over 10 acres. 4) Parcels containing the following businesses (if not already included in the above districts)Walgreens on Rte 114, Petco on Rte 114; Merrimack College; Blockbusters on Rte 114. 5) Larger privately owned parcels and certain town-owned property such as the parcel containing the town water tower on Bradford Street. The bylaw would contain language to allow for a "fall-down" zone, thus providing for property protection. It would also contain the usual provisions for compliance with FCC regulations regarding RF emissions, as well as compliance with noise regulations, maintenance and design standards. The revised bylaw language would be drafted by November 9, 2009. Proposed Dog Park Update A committee consisting of Judy Tymon, Planning Director, Jennifer Hughes, Conservation Administrator, Rick Gorman, Youth and Recreation Director and Bruce Thibodeau, DPW Director reviewed numerous sites. The committee has designated a parcel of land adjacent to Gallagher Field on Dale Street would be the most suitable site in terms of distance from residential property, topography and availability to off street parking. There is considerable more work to be done to make sure that the location is feasible including reviews by the Conservation Commission and the Planning Board. Once it is determined that this is the final location, then an agreement would have to be negotiated with the park proponents to make sure that the town is not obligated for any costs associated with its construction or operation. FY10 Budget Update The Town has received notice that the Governor announced state revenue collection are below budget estimates indicating that Governor Patrick intends to make more cuts in the FY2010 budget and towns and cities may see further cuts in state aid for the fiscal year 2010. The Town of North Andover is in the process of scheduling a meeting with DOR to discuss the possibility that we may conduct a special town meeting to reduce expenditures so that we can set the tax rate. The School and Town departments have been put on notice that they will have to identify budget reductions. July and August 2009 Financial Reports Town Accountant/Budget Director Lyne Savage gave updated budget status reports for revenue and expenses for July and August. Revenue collections are at 23.5% which is in line with last years collections for this point in the fiscal year. Departmental expenses are running either below or slightly above the 16%target percentage at this point in the fiscal year. Return to Executive Session Richard Nardella made a MOTION, seconded by Daniel Lanen, to return to Executive Session to discuss Negotiations with non-union employees and would not return to Open Session. Vote approved 5-0. ADJOURNMENT: Richard Nardella made a MOTION, seconded by William Gordon, to adjourn the meeting at 10:15 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board