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HomeMy WebLinkAbout2010-04-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 5, 2010 CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:10 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. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Open Session minutes of March 1, 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Open Session minutes of March 22, 2010. Vote approved 5-0. Executive Session minutes of March 22, 2010, were TABLED until the next meeting. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Mr. Steven Tryder of 386 Chestnut Street suggested posting signs around Town for the Annual Town Meeting as was done for the election. Mr. Tryder asked the Board why the Superintendent of Schools did not notify parents whose children attend the Atkinson or the Preschool about a public hearing at the Planning Board Meeting regarding the T Mobile cell tower located at the Calvary Baptist Church. Chairman Tracy Watson said he would have to address this question to the School Committee and the Superintendent. Mr. Tryder also commented that he waited all night for the last item on the March 22, 2010 agenda "Complaint Resolution Procedures" and then the Board TABLED the item. Chairman Tracy Watson said that because the meeting had run very late they TABLED the item until their April 12, 2010 meeting. Selectman Richard Nardella commented that he attended the Finance Committee meeting and that the Chairman should give those attending the opportunity to speak on agenda items. Selectman William Gordon congratulated Selectwoman Rosemary Smedile for her re-election to the Board for a fourth term. FOURSQUARE PROCLAMATION The Selectmen presented a proclamation to Paul Boulanger representing several business in North Andover which have joined together to promote their businesses via the internet smart phone application titled FOURSQUARE. April 16, 2010 will be declared as North Andover Foursquare day. CONSENT ITEMS: Request to Conduct Memorial Day Parade & Ceremony Chairman of the Patriotic Observance & Marching Committee Edward Mitchell requested permission to conduct a parade and ceremony in recognition of Memorial Day, May 31, 2010. Board of Selectmen Minutes April 5, 2010 2 Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve an event permit for the Patriotic Observance & Marching Committee to conduct a parade and ceremony on Memorial Day, May 31, 2010. Vote approved 5-0. Request to Fill Vacancy—Assistant Town Clerk Town Clerk Joyce Bradshaw is requesting permission to fill the position of Assistant Town Clerk due to the retirement of Janet Eaton. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to fill the vacancy created by the pending retirement of the Assistant Town Clerk. Vote approved 5-0. 4th of July Celebration Event Permit Request Thomas Licciardello of Merrimack Valley Striders Running Club and Michael Giallongo of DMSE Sports requested permission to conduct the 29 h edition of the North Andover Fourth of July Road Race. The race will be on the evening of Saturday, July 3rd from 4:00 p.m. to 7:30 p.m. with the start and finish on Milk Street at Drummond Field. In appreciation of this accommodation, the race proposed to absorb the cost of the fireworks display and make a donation of$9,500 to cover the cost of the fireworks. Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the initial request for the 3rd of July road race subject to Town department approvals and to accept the donation of$9,500 for the fireworks. Vote approved 5-0. OLD BUSINESS: Preparation for May 11"Annual Town Meeting The Town Manager provided a master list of articles plus the most current draft of the warrant and requested the Board to review each article and vote to include one of the following recommendations: "Favorable Action", "Unfavorable Action", "Recommendation to be made at Town Meeting", or"No Recommendation". The Town Manager provided additional information with revisions for the Board to review for the General Fund Budget for FY11 to be included in the Warrant Book. The Board was requested to vote on the General Fund Budget for FY11. Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the Town Manager's revised recommended Revision 2 Option B General Fund Budget for FY11 and to draw down $158,000 from the Health Insurance Trust Fund to cover the 27th payroll issue. Vote approved 5-0. The Town Manager provided documentation to several articles including the Water&Sewer Enterprise Appropriations for FY11, Capital Improvement Plan, Facilities Master Plan, Revolving Funds, Community Preservation Fund, Stevens Estate Zoning Change and the Wireless Bylaw. All of these articles were discussed in detail before the Board voted. William Gordon and Richard Nardella worked with Town Counsel Thomas Urbelis to make additional changes to Article Y Wireless Bylaw. The Board voted their recommendations on the following articles: Rosemary Smedile made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article A. Reports of Special Committees. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article B. Reports of Receipts and Expenditures. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article C. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. Vote approved 5-0. Board of Selectmen Minutes April 5, 2010 3 Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Favorable Action on Article D. Authorization to Accept Grants of Easements. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article E. Authorization to Grant Easements. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Favorable Action on Article F. Compensation of Elected Officials. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Recommendation to be made at Town Meeting on Article G. Amend General Fund Appropriation for Fiscal Year 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Recommendation to be made at Town Meeting on Article H. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Recommendation to be made at Town Meeting on Article I. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Recommendation to be made at Town Meeting on Article J. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Favorable Action on Article K. Prior Years Unpaid Bills. Vote approved 5-0 William Gordon made a MOUTON, seconded by Richard Nardella, to vote Favorable Action on Article L-a. Transfer$495,000 from "Waverly Road Relief Sewer Main"to "Sutton Street Sewer improvements". Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Favorable Action on Article L-b Transfer$164,000 from "Pre-School facility"to "Modular School Building Project". Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Favorable Action on Article M. General Fund Appropriation Fiscal Year 2011. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article N. Water Enterprise Fund Appropriation Fiscal Year 2011. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article O. Sewer Enterprise Fund Appropriation Fiscal Year 2011. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article P Stevens Estate Enterprise Fund Appropriation Fiscal Year 2011. Vote approved 5-0. The following is a breakdown of Article Q. Capital Improvement Plan Appropriation Fiscal Year 2011 Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article Q-1 Roadway Improvements $380,000. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article Q-2. Sidewalk Reconstruction $50,000. Vote approved 5-0. Board of Selectmen Minutes April 5, 2010 4 Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article Q-3. Senior Center Roof Replacement$26,000. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article Q-4. Facilities Master Plan $150,000. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article Q-5. Police Station Equipment$405,000. William Gordon made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article Q-6. School Information Technology Network Equipment $1,148,000. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article Q-7 Revenue Billing Software $90,000. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article Q-9 Middle School Roof Replacement $310,000. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article Q-10 body Armor Replacement$40,000. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article Q-11 Fire Department Radio Equipment$432,000. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article Q-12 Dump Truck, 2 Ton with Plow$55,000. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article Q-13 Fire Sprinkler System at Kittredge School $450,000. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by William Gordon, to vote Favorable Action on Article R. Establishment of Revolving Funds. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article S. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article T. Continuation of Massachusetts General Laws Chapter 59 Section 5K—Senior Work Program — Funding of$18,000. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article U-1 Amend Zoning Bylaw—Section 2.63.1 —Sign, Area of. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article U-2. Amend Zoning Bylaw Section 5.1.1 — Earth Removal. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article U-3. Amend Zoning Bylaw—Section 7.3—Setbacks. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Board of Selectmen Minutes April 5, 2010 5 Article U-4. Amend Zoning Bylaw-Section 9.3 Pre-Existing Non conforming single family residential structures and uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to vote Favorable Action on Article V. Amend North Andover Zoning Bylaw—Section 4.121 Residence 1, 2, and 3—Stevens Estate Zoning Change. Vote approved 3-2. Richard Nardella and William Gordon opposed. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Favorable Action on Article W. Amend General Bylaws Chapter 127-Add New Section, Section 2, Dealers of Secondhand Precious Metals or Gens. Vote approved 5-0 Daniel Lanen made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article X. Amend Chapter 129 of the General Bylaws—Add New Section —Section 2 physic advisors. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to vote to insert the new language as revised and discussed tonight with Town Counsel of the by-law in Warrant Article Y. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article Y. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. Vote approved 5-0. Richard Nardella made a MOTION, seconded by William Gordon, to vote Favorable Action on Article HH to Amend Zoning Bylaw, Section 3.0 Establishment of Districts to add "Wireless Telecommunications Overlay District. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to vote Recommendation to be made at Town Meeting on Article Z. Amend North Andover Zoning By-law—Section 4.133 Industrial 2 District. Vote approved 5-0. William Gordon made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article AA. Amend North Andover Zoning Bylaw—Section 4.137 Floodplain District. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article BB Amend Chiefs of Police and Fire By-law. Vote approved 4-1. William Gordon opposed. William Gordon made a MOTION, seconded by Richard Nardella, to vote Recommendation to be made at Town Meeting on Article CC. Fire Department and Police Department Contract Awards granted by an Arbitrator in a Collective Bargaining Agreement. Vote approved 4-0-1. Daniel Lanen abstained. Richard Nardella made a MOTION, seconded by William Gordon, to vote on Favorable Action Article DD. Acceptance of Massachusetts General Laws—Chapter 32B Section 20. An Act Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In Municipalities And Certain Other Governmental Units. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Recommendation to be made at Town Meeting Article EE. Amend Chapter 28 Section 5C of the General Bylaws. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by Richard Nardella, to vote Favorable Action on Article FF. Petition the Legislature—Change the Structure of Essex Regional Retirement Board. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article GG. Amend General Bylaws Chapter 44-Public Meetings Section 1 Televising Land Use Boards to add the Finance Committee Meetings. Vote approved 4-1, Rosemary Smedile opposed. Board of Selectmen Minutes April 5, 2010 6 Richard Nardella made an AMENDMENT to the MOTION, seconded by Daniel Lanen, to vote Favorable Action on Article GG. To Amend General Bylaws Chapter 44-Public Meetings Section 1 Televising Land Use Boards to add the Board of Selectmen Meetings. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Favorable Action on Article II. Petition the General Court—Age Exemption —Christopher M. Dufresne Firefighter. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Favorable Action on Article JJ. Amend Section 16.2 of the Town of North Andover Zoning Bylaws to allow for"Drive thru restaurants within a CDD1 Zone. Vote approved 4-1. Richard Nardella opposed. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Unfavorable Action on Article KK. Instructional Motion to the North Andover Finance Committee and Board of Selectmen Requiring an Article be Added for Funding of Collective Bargaining Agreements. Vote approved 5-0. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Favorable Action on Article LL. Change Annual Town Meeting Day to a Saturday. Vote approved 3-2. Richard Nardella and Rosemary Smedile opposed. Daniel Lanen made a MOTION, seconded by William Gordon, to vote Unfavorable Action on Article MM. Election of Planning Board Members. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to Order the Article for the Warrant Book. Vote approved 5-0. ADJOURNMENT: Daniel Lanen made a MOTION, seconded by William Gordon, to adjourn the meeting at 9:55 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board