HomeMy WebLinkAbout2002-04-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 22, 2002
CALL TO ORDER: Rosemary Smedile called the meeting to order at 6:00 PM.
ATTENDANCE: The following were present: Rosemary C. Smedile Chairman; James M. Xenakis; Susan Haltmaier;
Donald Stewart;Wendy Wakeman; Mark Rees, Town Manager; and Raymond Santilli, Assistant Town Manager.
EXECUTIVE SESSION: Susan Haltmaier made a MOTION, seconded by Donald Stewart,to move into Executive
Session to discuss pending litigation with Campion Hall, Foxwoods, land acquisition and negotiations with union and
non union employees and criminal investigation; vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Wendy Wakeman yes; Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes; Rosemary Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Susan Haltmaier,to approve the Executive Session and Open Session
Minutes of November 26, 2001; vote approved 4-0-1. (Wendy Wakeman abstained).
James Xenakis made a MOTION, seconded by Donald Stewart,to approve the Executive Session and Open Session
Minutes of March 12, 2002; vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
Arbor Day Recognition.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to approve the Proclamation for Arbor Day,
April 26, 2002, in the Town of North Andover; vote approved 5 — 0.
Sheep Shearing Festival May 19, 2002. Susan Haltmaier announced that there would be a booth for recycling at the
Sheep Shearing Festival.
CONSENT ITEMS:
American Cancer Society—Permission to hang banners May 19, 2002-June 14, 2002.
Heather Siegel of the American Cancer Society requested permission to hang banners on the Airport fence and Fire
Station 42 from May 19, 2002-June 14, 2002. The Greater Lawrence Relay for Life is scheduled for June 14 and 16,
2002.
James Xenakis made a MOTION, seconded by Wendy Wakeman, for the American Cancer Society to hang banners on
the Airport fence and Fire Station 42 from May 9, 2002-June 14, 2002;vote approved 5-0.
PUBLIC HEARING:
Merger of AT&T Broadband and Comast Corporation.
Attorney James White of AT&T Broadband was present and made a presentation to the Board of Selectmen. The
purpose of the hearing is to consider the transfer of control of the Cable Television Renewal License dated February 12,
1994 between the Town of North Andover and MediaOne of Massachusetts, Inc. to AT&T Comcast. On or about
February 21, 2002 every AT&T Broadband community in MA received a Transfer Bulletin from the Cable Television
Division of the Department of Telecommunications and Energy outlining the transfer process. The Transfer Bulletin
explains the 120-day period for a community to make a determination on the transfer of control. The Transfer Bulletin
also explains the requirements concerning the public hearing and the public notice requirements. Finally,the Transfer
Bulletin recites the standards contained in 207 C.M.R. Section 4.04 in that a city or town may consider only the
transferee's management experience,technical expertise, financial capability and legal ability to operate a cable system
under the existing license. The FCC Form 394 seeking consent has been filed with the local franchise authority. The
Form 394 is the FCC application form for seeking consent to a change of control. The Form 394 contains: information
on the legal, financial, management and technical qualifications of AT&T Comcast and a copy of the Merger
Board of Selectmen Minutes April 22, 2002 Page 2
Agreement. AT&T Comcast is a Pennsylvania corporation and, as of the closing, will be the indirect parent company of
all license holders. The license holder will continue to adhere to all lawful Federal, State and Local requirements.
AT&T Comcast will assume the liabilities of and the obligations under existing licenses. Attorney White stated AT&T
Comcast would work to ensure that no K-12 school or public library in its service area is without free high-speed
Internet Service.
John Savastano, member of the North Andover Cable Committee, asked Attorney James White the following three
questions.
1. Do you as a company have the managerial experience and expertise to take on the current license?
Answer: Yes.
2. Do you as a company have the technical expertise and ability to meet the current license and whatever the Town
negotiates for future licenses?
Answer: Yes. The first license holder remains in place that is the ultimate parent company; the future parent
company AT&T Comcast will have that technical expertise.
3. Do you as a company have the financial ability to meet the current license and future license as the Town
negotiates?
Answer: Yes.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to approve the transfer of control to AT&T Comcast;
vote approved 5-0.
Street Layouts. The Annual Town Meeting warrant contains three articles requesting Town acceptance of streets:
Keyes Way, Salle Way and Acushnet Street. Prior to Town Meeting taking any action on these articles, state law
requires that the Board of Selectmen conduct a"layout"hearing and vote favorably on accepting the road. Both the
Board of Selectmen and Town Meeting must vote affirmatively in order for a road to become an accepted way. Under
the Town's procedures for accepting roadways,the Board of Selectmen are to receive recommendations from the
Planning Board,the Department of Public Works and Town Counsel. The Board must vote 7 days prior to Town
Meeting to "layout"a road.
Layout of Keyes Way.
James Xenakis made a MOTION, seconded by Donald Stewart,to layout Keyes Way contingent upon meeting the
recommendations set forth by the Planning Board by Town Meeting May 13, 2002; vote approved 5-0.
Layout of Saile Way.
James Xenakis made a MOTION, seconded by Donald Stewart,to layout Salle Way, contingent upon meeting the
recommendations set forth by the Department of Public Works, Planning Board and Town Counsel prior to Town
Meeting on May 13, 2002;vote approved 5-0.
Layout of Acushnet Street.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to recommend"no action"on Acushnet Street; vote
approved 5-0.
Residents of Acushnet Street were present and asked direction as to how to have their street approved. William
Hmurciak stated the street would have to be built to subdivision standards with certain widths and depth and amenities
that would enable a safety vehicles and recycling trucks to turn around.
LICENSING COMMISSIONERS:
James Xenakis made a MOTION, seconded by Donald Stewart,to move into Licensing; vote approved 5 — 0.
Review of Alleged Liquor Law Violation.
Officer Jay Staude of the North Andover Police Department was present to update the Board of Selectmen on what he
observed while on duty March 24, 2002 at Richdale Dairy Store at 75 Chickering Road. There are two possible
violations that should be addressed by the Licensing Commissioners:
1. 204 CMR 2.05 Preventing Illegalities-sale or delivery to an under aged person
2. Not being TIPS certified(no record of Clerk Rachel A, McKeon as certified)
Board of Selectmen Minutes April 22, 2002 Page 3
James Xenakis made a MOTION, seconded by Wendy Wakeman,to schedule a public hearing to review the alleged
violation and take the necessary disciplinary action as determined by the Town Manager and the Chairman of the Board
of Selectmen; vote approved 5-0.
Proposed Taxi & Livery Regulations.
Town Clerk Joyce Bradshaw presented a draft of the proposed Taxi and Livery Regulations for review. The proposal
was a result of a multi-community project including Police, Licensing Commissioners and staff,the Registry of Motor
Vehicles, and a representative from the Insurance and Liability Board. In an effort to provide regulations that would be
uniform throughout the Merrimack Valley,the Andover,North Andover, Methuen, and Lawrence Police Departments
and Licensing Agents met to produce a comprehensive set of regulations. The intent of the group was to share ideas,
look at existing regulations and policies, and bring forward a unified recommendation to bring to their Licensing
Commissions for approval. The Town Clerk recommended the Board review the documents and advertise a public
hearing to approve the final regulations.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to schedule a public hearing to finalize regulations on
the proposed taxi and livery regulations; vote approved 5-0.
One-Day Liquor License Stevens Estate.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to approve the request from Evy Gillette, Manager,
The Stevens Estate, 723 Osgood Street, for a One-Day All Alcohol License for Jim Cirrone on April 27, 2002, from 5:00
p.m.-10:00 p.m.; vote approved 5-0.
James Xenakis made a MOTION, seconded by Rosemary Smedile,to move out of Licensing; vote approved 5-0.
OLD BUSINESS:
Preparation for Annual Town Meeting.
Enterprise Fund Budget.
Stevens Estate.
Susan Haltmaier made a MOTION, seconded by James Xenakis,to recommend favorable action on the numbers the
Town Manager recommended for the operating budget for Stevens Estate; vote approved 5-0.
Water& Sewer Budd
The expense line item having the greatest impact on the water and sewer budgets is debt service for previously approved
projects. In the case of the water budget, debt service is increasing 17%or by$342,562 and in regards to the sewer
budget,the increase is 71%or an increase of$585,256. In an attempt to mitigate the impact of these increases,the
operating budget for the water department is recommended to be increased by 5%, while the sewer-operating budget
would see a 9.3%reduction. In addition to the operating budgets for the enterprise funds,the Board will need to review
the capital requests for these operations as well.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to adopt the Town Manager's budget for the Sewer
Enterprise; vote approved 5-0.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to adopt the Town Manager's budget for the Water
Enterprise; vote approved 5-0.
Adjustments to FY03 General Fund Budgets.
There are two additional allocations in the various budget scenarios that need further definition. One is the additional
$156,096 in funding for the DPW that both the Finance Committee and the Board of Selectmen are recommending in the
$4.0 million dollar override and the other is the $164,747 that the Selectmen reserved for municipal expenses under the
zero override budget. The Finance Committee and the DPW submitted the following allocation for the $156,096 if the
$4 million override is approved:
Adm&Engineering $1,000
Plotter/software for Engineering 6,000
Board of Selectmen Minutes April 22, 2002 Page 4
Fleet Maintenance
includes 10%increase in Operating Expenses $16,669
Structure &Grounds 7,533 Additional funds for summer help
3,500 Additional funds for overtime
400 Water&sewer expenses for town buildings
3,000 Cleaning contract for town buildings
7,500 Weed removal at Stevens Pond
5,500 Building repairs and materials
18,000 Repairs to Hayes Stadium
Refuse/Recycling 10,673 Restore O.T.to FY02 levels, Sat. at Cyr Recycling
14,661 Restore Hazardous Waste Collection&Yard Waste
15,000 Additional Equipment
Streets & Sidewalks 46,660 Street sweeping, Line Stripping, Tree Service &Road
Maintenance, plus funds for add. Summer help
Total $156,096
The Town Manager's recommendation on the $164,747 that the Board of Selectmen reserved for municipal expenses:
Police Department $84,289 Restore two positions, one Sergeant and one Patrol Officer
Public Works 55,533 Restore two positions
Public Works Street Lights 28,925 Partially restore Funding for Street Lights
Total $168,747
James Xenakis made a MOTION, seconded by Donald Stewart,to approve the allocation of the above numbers to
change the line items that will be presented at Town Meeting; vote approved 5-0.
TOWN MANAGER'S REPORT:
Affordable housing. The Town Manager presented the Board of Selectmen with a letter from the Commonwealth's
Department of Housing and Community Development stating that the Town is certified under Executive Order 418.
This means that the Town has demonstrated a progress towards achieving affordable housing goals and will remain
eligible for certain state grant programs. The Town Manager also presented a response from the Wainwright Bank and
the manager of Valley Realty Development, LLC to the Board's letter commenting on Valley Realty Development's
proposed 40B project on Route 114.
Mark Rees also informed the Board that there will be a training session sponsored by various state agencies on
"Understanding &Managing Chapter 4013"on May 10, 2002 at the Sheraton Framingham Hotel.
The Town Manager stated the Town has made progress in Affordable Housing goals, not to the level of being exempt
from 40 B provisions, but have increased ownership units of affordable housing by 105 units from July 1, 2002 to
June 30, 2001.
Fire on Kara Drive. Asa result of the fire at 10 Kara Drive on Thursday April 11, 2002,he Fire Department and DPW
have initiated actions aimed at short and long term solutions to the lack of water pressure at certain elevations in the
water distribution system. There is a meeting scheduled for a community meeting with residents of Kara Drive, Fire
Chief William Dolan, Town Manager Mark Rees, Director of Public Works William Hmurciak, members of the Board
of Selectmen and the general public at the Department of Public Works on May 2, 2002 at 7:00 PM. The Town
Manager will have an estimate for the cost on the long-term fix for the Capital plan and the enterprise funds to take
action at Town Meeting to address these issues.
ADJOURNMENT: James Xenakis made a MOTION, seconded by Susan Haltmaier,to adjourn the meeting at
9:50 PM; vote approved 5-0.
Kathleen O'Neill
Administrative Secretary James M. Xenakis, Clerk of the Board