HomeMy WebLinkAbout2001-10-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES October 22, 2001
CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM.
ATTENDANCE: The following were present: Rosemary C. Smedile Chairman; James M. Xenakis; Susan Haltmaier;
Donald Stewart; Mark Rees, Town Manager; and Raymond Santilli, Assistant Town Manager. (William Duffy, not
present).
EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into Executive
Session to discuss collective bargaining, land acquisition, pending litigation regarding Maritimes Pipeline, and pending
litigation with regards to Beede Waste Oil Site; vote approved 4-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Donald Stewart yes; James Xenakis yes; Susan Haltmaier yes; and Rosemary Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
Chairman Rosemary Smedile called the meeting back to order and requested the Board take an item out of order on
tonight's agenda(Request to Paint Flag on Bradford Street Water Tower)to accommodate the number of people in the
audience.
James Xenakis made a MOTION, seconded by Donald Stewart,to move OLD BUSINESS B. Request to Paint Flag on
Bradford Street Water Tower;to: before the Communications, Announcements, and Public Comment; vote approved 4-0.
OLD BUSINESS:
Request to Paint Flag on Bradford Street Water Tower. This matter was tabled at the last Board meeting last week and
brought back for discussion this evening. The Board of Selectmen must make a decision as the contractor is currently
working on the water tower. Several residents were present to speak regarding the painting of the water tower.
James Cassidy, Commander of the American Legion Post 219, and resident of North Andover stated the American Legion
does not object to any comments because as Veterans they have fought to preserve this freedom we call America and the
American Flag represents the greatest we have. The flag is a symbol that represents living and freedom. Mr. Cassidy
stated the American Legion Post 219 is proud to support Mr. Charles Ormsby's effort to paint an American Flag on the
highest point of North Andover,the water tower. Mr. Cassidy stated while many people support the painting of the flag
on the water tower, he is aware that a few neighbors do not support this but realizes they are still patriots, as we are all
patriots. The flag is a symbol or our liberty and freedom.
Thomas Sangermano of 246 Bradford Street stated he represents the residents of Bradford Street who will be most
affected by the flag and the neighbors feel the flag is not necessary for various reasons. Mr. Sangermano stated the
Bradford Street residents are patriotic and support the President of the United States, our troops and the flag. Their
argument is not against the flag or what it represents but the appropriate placement of a painted flag in their neighborhood.
To say that the residents of Bradford Street do not have a right to seek a better alternative for the placement of the flag is
both unpatriotic and undemocratic. The residents have not been consulted nor asked why they oppose the flag. Mr.
Ormsby's intentions are admirable but the flag itself 30 feet across by 17 feet high would light up Bradford Street. Mr.
Sangermano also stated the water tank is an eyesore in itself. Mr. Sangermano read several reasons for not displaying the
flag on the Bradford Street standpipe. Some of the reasons: 1. The majority of residents in town will not easily see the
flag on the standpipe, but it will negatively affect the residents who will have to live next to it. 2.Will negatively affect
property values. 3. Will attract unwarranted traffic to the area, which already has a problem with the three way stop at
Bradford and Barker Streets. 4. Who will guarantee that the flag stays in pristine condition for years to come? 4. Is the
town willing to assume the risks involved with having the flag painted over the new paintwork? 5. Is it a valid benefit to
the town or are we acting in haste? 6. The standpipe is not a billboard. 7. Why spend$5000 - $6000 on a flag when the
money can be put to better use to help the victims of September I Ph. 8. Most importantly, an ostentatious display of
patriotism diminishes valid and genuine displays of patriotism.
Edward Mitchell, Veterans Agent for the Town of North Andover, stated to win the war on terrorism the American
citizens must be patient and supportive. There is no better way to show support than to fly and display the American Flag.
We need to gain momentum, not slow down.
Linda Richards of Bradford Street stated it is amazing that she has to defend her patriotism. The fact that faceless people
can make a claim that the neighbors are unpatriotic is un-American. The neighbors know the tower up front and personal
and know the lack of attention the tower and grounds around it receive. A paint job every 15 or 16 years is not Ms.
Richards idea of maintenance. Ms. Richards wants to know who will be responsible for keeping the flag in pristine
Board of Selectmen Minutes October 22,2001 Page 2
condition. Who will be cleaning the flag? What happens when it starts to fade and the rust returns and runs down through
the flag? Their needs to be maintenance contract in writing that spells out what will be done and who will do it. Ms.
Richards also feels there is a safety issue putting a flag on the water tower.
Ken Eaton of American Legion Post 219 stated he does not like the substitute of red and blue stripes for"Old Glory". Mr.
Eaton also stated to rest assured if that flag is getting rusty the American Legion and the Veterans of Foreign War will be
the first to make sure that is taken care of They will not let the flag of our country be defaced.
Donald St. Jean of 284 Bradford Street, and also a veteran, stated the inappropriate placement of the flag does not equate
to being unpatriotic. The residents of Bradford Street wave their flags proudly in support of our troops and our country.
Mr. St Jean stated putting a flag on the standpipe creates attention; let's not bring attention to our water supply. Putting a
flag on it makes the structure and its contents a target.
Keith Mitchell of 188 Salem Street is also a veteran, supports the placing of the flag on the water tower and does not
support candy cane striping on the tower. Mr. Mitchell stated the issue is not one of being patriotic or unpatriotic but he
feels the real issue is the water tank itself. After reading up on the issue Mr. Mitchell has come up with three fundamental
issues: 1. Traffic. Mr. Mitchell lives on Salem Street and gets more traffic in a day than Bradford Street will see in a
month. Traffic should not be an issue. The tower can be seen on 125 from McLays Florist to Barker's Farm Stand, where
hundreds if not thousands traverse that roadway. 2. Maintenance and Cleaning;that is a valid issue. Bird droppings, in the
past if there has been a problem keeping it clean, shame on the Town. The Town should take care of that and bring that
concern to the Board if it is not clean. The Veterans and American Legion have insured the flag will be maintained. Mr.
Mitchell stated he lives across the street from a cemetery where these veterans do take care of the gravestones and are
good for their word. Mr. Mitchell stated he believes the Board will have to watch over and make sure the tower is
maintained. 3. People have stated putting a flag on the tower will be a constant reminder of what happened on September
I Ph. Mr. Mitchell stated yes, it will be and it should be. We should never forget the victims,the Firefighter and
Policemen who lost their lives, all the people in this town who have served their country in defense of freedom. We
should never forget them. Some of these residents have lived, died, worked and bled for this town,this country and this
community. They did it in defense of freedom,to preserve our way of life. In summary, Mr. Mitchell urges the Board of
Selectmen to support this project. Mr. Mitchell also stated to be proud you're an American, don't ever forget those that
died in defense of freedom from this town, don't ever forget, lest we ever forget.
Susan Haltmaier stated she questioned the wisdom of doing something that the town never did before on the water tower.
Ms. Haltmaier stated that is $6,000 worth of paint that we don't know what the maintenance cost will be. All the public
spaces in town is maintained by volunteer's organizations like the Decorating Committee, Let's get growing, Unite Now
that wants to raise money to bring the community together. If this is a divisive issue than it is not a show of unity and it is
not bringing the community together.
Mr. St. Jean stated the town just spent approximately 1.5 million dollars for the Carter Renshaw property and suggested
that would be a good place for a flag.
Antonia Mangano of 324 Bradford Street asked if there was any projection on the cost of maintaining the flag on the
water tower. Ms. Mangano is not asking about a year or two but for years down the road. Even if the flag itself can be
maintained,that is only 583 square feet on an aging standpipe that is still going to rust around the flag. Will the town find
the funds to maintain the tower so it doesn't desecrate the flag?
Selectman James Xenakis stated he has given a lot of thought to this subject and what stuck in his mind was what
Selectman Haltmaier stated why are we creating an issue that is creating controversy. Up until this meeting Selectman
Xenakis stated he has searched for alternate sites, however,this being the highest point in North Andover,the most visible
point on a big scale, James Xenakis stated as a citizen he would be proud to have the American flag flying from the
highest point in town. This is a difficult decision as everyone in the room is patriotic and grateful for the sacrifices made
by our soldiers and veterans and is in favor of placing the flag on the standpipe.
Rosemary Smedile passed the gavel. Ms. Smedile stated she does not question the neighbors patriotism, she has seen more
flags on that street than probably other streets. Ms. Smedile has been putting flags up for the past 8 years. She has helped
along with Chief Dolan and the DPW to put flags along the Commons and Main St. For Ms. Smedile to not support the
flag would totally go against her character. It needs to be noted that putting an American flag on a water tower is
common practice in other parts of the country. They put them on water towers, silos and the sides of barns.
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to place the American flag on the water tower as
requested, coordinate with the DPW to clean up the area and fix the fencing around the tower, have the Veteran's agent or
Graves officer do a periodic check to make sure the flag is maintained; vote approved 3-1. (Susan Haltmaier opposed).
Board of Selectmen Minutes October 22,2001 Page 3
Taking items out of order on this evening's Agenda.
Susan Haltmaier made a MOTION, seconded by James Xenakis,to move NEW BUSINESS A: Pole Petition: Plan
4M53/450 Milk Street, Massachusetts Electric Company, Place 24"PVC Conduit encased in concrete;to now in the
meeting.
Pole Petition Plan#M53/450 Milk Street, Massachusetts Electric Company.
David Bouchette of Massachusetts Electric appeared before the Board of Selectmen and presented a pole petition.
James Xenakis made a MOTION, seconded by Donald Stewart to approve the Pole Petition Plan 453/450 Milk Street,
Massachusetts Electric Company, Place 24"PVC Conduit encased in concrete; vote approved 4-0.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Donald Stewart,to approve the Executive Session and Open Session
Minutes from July 16, 2001;the Executive Sessions I &II and Open Session Minutes from July 30, 2001; Executive
Session and Open Session Minutes of August 27, 2001 and the Executive Session and Open Session Minutes of
September 10, 2001;vote approved 3-0-1. (Susan Haltmaier abstained as was not on the Board for those meetings).
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT
Beede Waste Oil Site. This evening in Executive Session the Board of Selectmen voted in favor of joining with other
towns to negotiate with the EPA a possible settlement of the Beede Waste Oil Super Fund Site.
Appointments to Lake Cochichewick Access Study Committee. Town Manager Mark Rees is still waiting to hear back
from two members so the following is the large majority of the residents that have agreed to serve on the Committee.
The members are Frank Ragonese, Kirk Olsen, Brian Collins, Jim Lafond, Steve McCarthy and Kevin Sparks. The Town
Officials the Town Manager has appointed Ray Santilli, Assistant Town Manager; Police Chief Richard Stanley or his
designee;William Hmurciak, DPW Director or his designee;William McEvoy, Director of Recreation; a member from
the Board of Selectmen; and a Conservation Commission member to be selected by the Commission.
James Xenakis made a MOTION, seconded by Donald Stewart,to appoint Selectman Susan Haltmaier to the Lake
Cochichewick Access Study Committee; vote approved 4-0.
James Xenakis made a MOTION, seconded by Donald Stewart,to have Selectman Susan Haltmaier Chair this Lake
Cochichewick Committee; vote approved 3-0-1 (Susan Haltmaier abstained).
Snow and Ice Removal Program and Update on Road Conditions.
James Xenakis requested the Town Manager have DPW Director William Hmurciak give the Board an update on the road
situation. Progress has been made in the past twelve months but there are places in town that deserve consideration for
action from the Department of Public Works. Town Manager Mark Rees stated Mr. Hmurciak would be at the next
meeting to update the Board on snow and ice removal and road conditions.
Future Development in Town.
Walter Soule asked the Board of Selectmen as the Town increases in population with traffic and build-out if more
attention could be paid to future plans for roads and future traffic in working with the Police Department and Department
of Public Works.
LICENSING COMMISIONERS:
James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into licensing; vote approved 4-0.
Before the hearing began James Xenakis asked to be excused from the discussion after contacting the Ethics Commission,
Mr. Xenakis made a disclosure that his family owns a beer and wine establishment on Salem Street in North Andover.
Attorney Ray Vivenzio asked if this matter could be continued next week as Mr. Xenakis not participating in the vote and
Mr. Duffy is not present. Chairman Smedile stated she understands Mr. Vivenzio's concern but Mr. Duffy will not be
present at the next meeting. Donald Stewart stated the Board would hear testimony but no decision will be made until the
next meeting.
Diane Heffernan of the North Andover Police Department stated on September 7, 2001, at approximately 6:00 PM,
Detective Heffernan was conducting surveillance on the property of McAloon's Liquor. Numerous arrests have been
made in the parking lot over the past year for drug violations and stated there is a problem with teenage loitering and the
drug activity that does go on in the parking lot. Detective Heffernan was in an unmarked car and observed a vehicle pull
into the lot with four passengers, all who appeared to be very young in age. The Detective observed the two males get out
with one going into the Richdale Store and the other going into the package store. At that time the detective ran the plate
and information revealed the owner was a nineteen-year-old female. The male came out of Richdale's with a pack of
Board of Selectmen Minutes October 22,2001 Page 4
cigarettes and the detective observed the other male at the counter then exit the store with three thirty packs of beer which
he proceeded to put in the trunk of the car. Detective Heffernan radioed her partner Detective Dan Cronin and told him
what she observed. Officer Cronin stopped the car at Rte 125 near Mass Avenue where Detective Heffernan joined Det.
Cronin and was present at the stop. Detective Cronin asked the driver who in the vehicle was old enough to purchase
alcohol and explained why she was being stopped. Detective Heffernan asked the male in the back seat who purchased the
alcohol to step out of the car. He presented his license, which was a New York License that indicated he was 18 years
old. He stated he was a student at Merrimack College. Detective Heffernan asked to see the ID he presented to purchase
the alcohol. The young male presented a Connecticut ID. On the Connecticut license he had the same name, different
address, same birthday but different birth year. At this time he was placed under arrest. The ID looked very real, but was
not the issue. The issue Detective Heffernan stated is under the ABCC laws;there is a law that explains the acceptable
forms of identification. To have a defense on a charge of selling alcoholic beverage to an underage person the following
forms of ID are necessary for a defense. The ID has to be a Massachusetts ID or Massachusetts license, passport issued
by the United States or a country recognized by the United States or have a valid military ID card, or a green active
service card. The minor was charged criminally. Mr. Buco was not charged criminally as the detectives feel there was no
intent on Mr. Buco's part to sell to an underage person. As enforcement agents for ABCC the statutory requirements must
be enforced.
Attorney Vivenzio stated the person charged was obviously a liar and used the false ID to deceive people as to his true age
and would urge the Board of Selectmen to keep that in mind. Thousands of transactions are used with out of state licenses.
Detective Heffernan stated when you accept an out of state license that is no defense if you get caught selling to a minor.
Attorney Vivenzio asked to see the license but the Police Department was not able to present it at the meeting. Without
the license Attorney Vivenzio stated without the identification it is difficult for the Board of Selectmen find anything
under intent or culpability in determining what action if any to be taken against a seller of alcoholic beverage.
Rosemary Smedile stated this is not a courtroom and the Board is concerned with the well being of the children of North
Andover, as Ms. Smedile knows Mr. Buco also is concerned with the children of North Andover as he is a family man.
Mr. Vivenzio stated Mr. Buco asked for identification and was deceived by a good"fake", high quality ID. Detective
Heffernan asked if Mr. Buco was TIP certified and found out from the records that his certification ended in June.
Mr. William Buco stated he was TIP certified last week and stated he asked the young man purchasing beer for
identification and he produced a very good"fake"ID. There was a hologram on the license and no evidence of tampering.
Mr. Buco has worked with the Police Department and has asked the detectives to be present periodically for what looked
like drug activity and also the probability of adults purchasing alcohol for minors. Mr. Buco stated his intent was never to
sell alcohol to a minor.
Lt. Gallagher of the North Andover Police Department stated an alternate form of ID is the college ID, which has date of
birth. Mr. Buco stated he is going to purchase a machine that has all but 8 states downloaded,they can swipe a license
through the machine and it will give you an answer of fake or valid.
Ms. Smedile asked for a history on violations for McAloon's Liquors. Attorney Vivenzio stated he did a careful reading
on the records and stated nothing involved with sale to minors in 26 years of business. Mr. Vivenzio came up with a
reprimand on 12/01/97 for failure to post notice of penalties, when the store was under going renovations. There was a
reprimand on 4/13/98 failing to have everyone in the store TIP certified. There was a one-day suspension on 4/13/98 a
Keg tag violation. Mr. Buco was using his own tags and not an ABCC approved tag. Mr. Vivenzio stated for twenty-six
years in business in a college town,that is a pretty good history.
Donald Stewart stated when you accept an out of state license you are accepting responsibility. Mr. Buco stated a good
fake ID fooled him and if it were a good fake Massachusetts ID, he would not be in front of the Board tonight. Ms.
Smedile stated that Mr. Buco has to realize that not only is Mr. Buco responsible for the children in this town but the
Board is also responsible. Susan Haltmaier stated she feels the Police Department is working very hard to keep control
with this situation. The Police are working very hard to police and monitor this issue and Ms. Haltmaier does not want to
undermine the efforts by treating this too lightly. Mr. Vivenzio stated he does not believe there is any evidence of intent,
culpability. There is no evidence of negligence as he asked for a second form of ID. If you have to do something Mr.
Vivenzio suggests a cautionary letter, not even amounting to a reprimand would be warranted in a case like this.
Donald Stewart stated the intent of the Board would be to render a decision at the next meeting.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to move out of licensing; vote approved 4-0.
Board of Selectmen Minutes October 22,2001 Page 5
OLD BUSINESS:
Request for Waiver of Water/Sewer Utility Connection Fees: Endicott Plaza.
Ms. Smedile stated she checked with the Ethics Commission and has a family member who is a leasing agent for Mr.
Barrett's project and will recuse herself and passed the gavel to James Xenakis.
William Barrett as manager representing Forgetta Development, LLC appeared before the Board of Selectmen asking for
a waiver in the water/sewer tie-in fees. It is estimated the sewer connection fees for the project will be $49,000 and the
water connection fees will be $34,000. This is a combination of retail, office and hotel development. The project is
approved for 40,000 square feet of retail, 120,000 square feet of office and 102-room hotel. This is a major undertaking
and expensive. Mr. Barrett stated he makes this request in hopes to offset the upgrades necessary and required by the State
and local permitting process. These upgrades include a sidewalk along 125 down to the Butcher Boy Plaza, an upgrade to
the signal and pedestrian crossing at Great Pond Road intersection. The cost of this alone is $237,000. There is a sewer
manhole directly in front of the subject property; Mr. Barrett is being required to install a sewer line at the entrance of the
airport approximately 3,200 feet away at a cost of approximately$250,000. The Town will clearly benefit with the
developing of Forgetta Farms. Immediately the farm will betaken out of 61A protection and Forgetta Development will
pay rollback taxes of$55,000. Upon completion Endicott Plaza is estimated to generate $750,000 in tax revenue. That is
113 educations paid for with very few services. Each of the members of the Board have claimed in their platforms that
they intend to work on and improve the business climate in North Andover, put out the welcome mat for business. Mr.
Barrett has heard arguments that sewer and water permits penalize one side of the taxpayer. If this is not the right vehicle,
what is the right vehicle to make the business climate better in North Andover?
James Xenakis stated he was on a subcommittee with Mr. Stewart,William Hmurciak, and Mark Rees to study this issue.
James Xenakis stated that while this is a great opportunity for the town with added tax revenues,there are reasons for
abatements and is opposed to granting this abatement. The Town has never granted such abatement. Connection fees are
assessed because with any new development,there is an increase in volume to the systems. If we grant this one
abatement, we set a precedent for all other development. The Town needs the money. The water and sewer enterprise
funds should not be used as a method of economic development. Mr. Xenakis is not speaking for the sub-committee; but
is speaking his own opinion and is not recommending favorable action.
Town Manager Mark Rees stated his recommendation is not to approve this request and stated water and sewer enterprise
funds is not the proper tool to provide for economic development incentives. The purpose of the enterprise funds is to
operate them on a business basis;that the revenues coming in pay for expenses. Mark Rees stated he would like to work
with Mr. Barrett looking at other options that include the possibility of a tax increment-financing program that requires
cooperation with the City of Lawrence. Another possibility is to work with the Community Development office looking at
the possibility of Federal and State grants to help assist with this program.
Donald Stewart asked what if this whole project hinged on$85,000, would the Board still think the same way? Susan
Haltmaier stated on the water and sewer side, she has a concern as people are calling her in shock over the water bills.
Susan would rather see the rollback of taxes $55,000 to help but not with the water and sewer side.
Donald Stewart feels this is a wonderful project that is very beneficial to the Town. We are trying to attract business. Mr.
Barrett lives in town and has been asked to run sewer lines and build sidewalks. When the hotel goes in the town will be
collecting room taxes, which will be a win-win situation for the Town.
Mark Rees stated he would like to explore the Tax Increment Financing with William Barrett. Mark Rees believes that
would be a reduction in both local and state taxes. William Barrett stated he has talked to people and would like to talk to
the Town Manager regarding a TIF. One final comment from Mr. Barrett,this is a big project and the $80,000 would help
offset the items that are being required like the sidewalk down 125 to his competition at Butcher Boy Plaza. The $80,000
isn't going to make or break Mr. Barrett,but he would like to see the Board moving in the direction of helping businesses
survive in North Andover and thrive in North Andover for everyone. We all want this project 100%built and occupied to
see the tax revenue.
Susan Haltmaier made a MOTION, seconded by Donald Stewart,to table this issue for two weeks to allow Ms. Haltmaier
to study this issue; vote approved 3-0 (Rosemary Smedile excused herself from this discussion and did not participate in
the vote).
Board of Selectmen Minutes October 22,2001 Page 6
Town Manager Review Process.
Previously the Board created a subcommittee consisting of Selectmen Smedile and Xenakis to review the process the
Town Manager is annually evaluated. Mr. Duffy does have some additional comments and the final procedure should be
completed shortly.
NEW BUSINESS:
Spring Town Meeting Calendar.
Town Clerk Joyce Bradshaw recommended May 13, 2002, for Spring Town Meeting with a closing date for the warrant
of March 20, 2002.No action is necessary tonight.
Resolution Supporting Producer Take Back of Cathode Ray Tubes, Electronics and Household Hazardous Products.
In the spring of 2000,North Andover was one of 51 Massachusetts cities and towns that adopted a Resolution, which
urged the Commonwealth of Massachusetts to implement and expand programs to reduce municipal trash. Massachusetts
Producer Take Back Campaign c/o Clean Water Action wrote to urge the Board to take the next step and pass a new
resolution that calls for state implementation of specific producer takes back programs for Massachusetts. The programs
proposed by this resolution will target those waste products that currently create the worst burden for cities and towns in
Massachusetts-electronics and household hazardous products. This policy, if adopted, will help to reduce the financial
burden waste disposal imposes on your local budget.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to accept the resolution supporting producer take back of
cathode ray tubes; vote approved 4-0.
TOWN MANAGER'S REPORT:
Wheelabrator-North Andover Resource Recovery Facility. The Town Manager received a Memorandum from Camp
Dresser&McKee, Inc. to the Executive Director of NESWC regarding the recently completed retro fit of the
Wheelabrator-North Andover Resource Recovery Facility. In making this report, CDM states, "the new air pollution
control equipment has substantially reduced emissions for most parameters, especially dioxins, nitrogen oxides, mercury
and other heavy metals.
Meeting with Representative Tierney. Chairman Rosemary Smedile, Fire Chief William Dolan and the Health Director
attended a meeting on Friday, October 19,2001 sponsored by Representative Tierney to seek input from local officials on
proposed federal legislation to assist local governments in addressing possible terrorist threats in our communities.
Rosemary Smedile stated good solid information is needed for the public. Funding for Reverse 911 is at the top of the
list.
ADJOURNMENT: Susan Haltmaier made a MOTION, seconded by Donald Stewart,to adjourn the meeting at
10:100 PM; vote approved 4— 0.
Kathleen O'Neill
Administrative Secretary James M. Xenakis, Clerk of the Board