HomeMy WebLinkAbout2003-03-10 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 10, 2003
CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM at the Steven's Memorial Library.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart;
Mark J.T. Caggiano; Wendy Wakeman; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into
Executive Session to discuss negotiations with non-union employees, negotiations with union employees in police
department and pending litigation with Rocket Entertainment. Vote approved 5-0. The Board will be returning to
open session.
The Board was individually polled and each voted to move into Executive Session. Vote: Wendy Wakeman yes;
Donald Stewart yes; Mark Caggiano yes; James Xenakis yes; Rosemary Smedile yes.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Selectman Smedile congratulated and
welcomed the newly elected selectman Mark J.T. Caggiano to the Board and also congratulated Donald Stewart
on his re-election on his fifth term.
Selectman Smedile announced the passing of Gayton Osgood, former selectman and member of the Board of
Health for many years.
Tina Klein, chairman of the Solid Waste Advisory Board, is heading up efforts for a town-wide Earth Day Cleanup
on April 26, 2003. Wheelabrator North Andover Inc. has agreed to dispose of whatever trash is collected by
residents on that day free of charge. Volunteers are needed.
Board of Selectmen—Appointments.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to appoint Karen Bureau and Mark Walker to
the Commission of Disability Issues. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint John Driscoll to Recreation Council.
Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to appoint Susan Haltmaier to the Solid Waste
Advisory Committee. Vote approved 5-0.
Town Manager—Appointment.
The Town Manager has appointed John D. Sullivan III for the position of Town Engineer. Wendy Wakeman made
a MOTION, seconded by James Xenakis, to approve the appointment of John D. Sullivan as Town Engineer.
Vote approved 5-0.
Finance Committee.
Jack Watkins, Chairman of the Finance Committee gave a report to the Board of Selectmen an its review of the
Town Manager's FY04 Operating Budget.
PUBLIC HEARINGS:
Peter Glen from Massachusetts Electric requested the approval of the following petition:
Charles Street—Plan #C53/465 to construct a line of underground electric conduits, including the necessary
sustaining and protecting fixtures for the transmission of electricity, under and across the public way or ways
located substantially in accordance with the plan file marked Charles Street—Plan C#53/465.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the request. Vote approved 5-0.
LICENSING COMMISSIONERS:
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into Licensing. Vote approved 5-0.
Board of Selectmen Minutes March 10, 2003 2
Stevens Estate, 723 Osgood Street—One Day Liquor License.
David Goldstein —Comedy Theater— March 22, 2003—7:00-11:00 PM—All Alcohol.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the one-day liquor license.
Vote approved 5-0
Note: Selectman Xenakis excused himself from the following discussion.
Sehtu Inc. d.b.a. Richdale Convenience Store, 4 Main Street requests Package Store—Wine & Malt Beverage.
Attorney Domenic J. Scalise represented owners of Richdale Convenience Store requesting a malt and wine
license at 4 Main Street.
The Board of Health had some concerns before approving the license because of two violations for selling
tobacco products to minors.
Donald Stewart had concerns about the owners being TIP certified. He also stated that the policy of this Board is
zero tolerance of alcohol violations. The Board asked petitioners to return to a future meeting, at which the Board
of Health would be represented, and further requested that the petitioner pursue TIP certification in the meantime.
Donald Stewart made a MOTION, seconded by Wendy Wakeman to TABLE this item until the next meeting on
March 24, 2003. Vote approved 4-0.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing.
Vote approved 4-0.
Note: Selectman Xenakis returned to the meeting.
OLD BUSINESS:
Order of Taking: English Circle
Town Counsel recommended that the Board of Selectmen sign the Order of Taking for English Circle.
This was previously approved at Town Meeting as a "friendly" eminent domain process associated with the
transfer of the land to the Town. The Board of Selectmen signed the Order of Taking to forward to Town Counsel.
Regulations for use of Lake Cochichewick
The Lake Access Study Committee appointed by the Board of Selectmen submitted a draft report of rules and
regulations for the Selectmen to review. After discussion, the Board of Selectmen decided to further review this
draft and forward any questions or concerns to the Assistant Town Manager before adopting the
recommendations.
NEW BUSINESS:
Acceptance of Donation: Wheelabrator North Andover to Fire Department
Chief Dolan requested the Board of Selectmen accept a donation to the Fire Department in the amount of
$10,000 from Wheelabrator North Andover, Inc. Scott Emerson, plant manager presented the gift to be used for
the purchase of a fire safety trailer and toward the purchase of physical fitness equipment.
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to accept the donation of$10,000 from
Wheelabrator North Andover, Inc. This donation will be used for two separate purchases, $5,500 to be placed in
the special revenue Fire Department account#26-2226-3241 Physical Fitness and $4,500 to be placed in the
special revenue Fire Department account#26-2222-3219 Fire House Safety Donation. Vote approved 5-0.
Notice to Sell Chapter 61A Land, George R. Barker, Jr.
George R. Barker, Jr. intends to sell a certain parcel of land to Tara Leigh Development LLC for non-agricultural
purposes, and hereby offers the Town of North Andover a first right of refusal option to purchase the land.
Board of Selectmen Minutes March 10, 2003 3
Wendy Wakeman made a MOTION, seconded by Donald Stewart, declining to exercise the Town's option to
purchase the said parcel of land and further request the Town Manager to notify Mr. Barker in writing of
declination. Vote approved 5-0.
Proposed Retail Development on Rte. 114
Mr. Ross Hamlin of Eaglewood Properties and associates from Vanasse Hangen Brustlin, Inc. (VHB) and
Bergmeyer Inc. presented an informational overview of a small upscale shopping mall and drug store in the
vicinity of the Eagle Tribune buildings on Rte. 114. A traffic study would be done that will provide safe and
efficient access to the proposed retail site from the surrounding roadway network. There would be about eight to
nine retail shops, though not finalized, such as Talbots, Pier 1 Imports, Eastern Mountain Sports, Trader Joes,
Chico's, and Ann Taylor and a quality sit-down restaurant (approximately 140 seats).
Attorney Vincent Manzi, Jr. informed the Board of the article being submitted to Town Meeting in May for the
zoning change to allow this development to move forward.
Selectman Wakeman and Smedile recently visited a retail site similar to the proposed model and both said they
were impressed and looked forward to working with Mr. Hamlin to bring this development into North Andover.
Excise Tax Enforcement: Police Department
Chief Stanley explained the Police Department's efforts to ensure that motor vehicle owners are paying their
excise tax.
Comprehensive Permit Applications: 39 and 71 Forest Street
An application for two 40B proposals on Forest Street will go before the ZBA. The Town Manager recommended
that the Selectmen vote to forward their previous letter, comments and recommendations from the Planning,
Police, Fire and Public Works Departments to the ZBA to be entered into the record for a Public Hearing, which
will be held on Tuesday, March 11, 2003.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to forward their letter and recommendations
from Town Departments to the ZBA to be entered into the record for a Public Hearing on March 11, 2003 for the
Comprehensive Permit Applications for 39-71 Forest Street. Vote approved 5-0.
Governor's Municipal Relief Program
The Governor's office recently distributed a Municipal Relief Package Proposal to change current state laws
governing how municipalities operate with a request that Cities and Towns contact legislators to express support
for these changes. Most of these proposed changes would be of benefit to North Andover and would save cities
and towns an estimated $75 million annually. The MMA has also supported this proposal.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to send a letter to legislators in support for the
Governor's Municipal Relief Package Proposal. Vote approved 5-0.
Police Sergeant Requisition
Chief Stanley requested permission to fill a vacant sergeant position in the department. Under the Town Charter
and state law, the Board of Selectmen is the appointing authority for police officers in North Andover and,
therefore, must vote to request a civil service list from the state to move forward with this appointment.
Selectman Xenakis asked why the Town needed a police sergeant at this time given that the Town is under such
a fiscal strain.
Chief Stanley explained that he has six supervisors and is lacking one to cover all shifts. This would eliminate
supervisor over-time. An additional Sergeant would provide supervision on the streets as well as one on the desk
during all shifts.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to sign the requisition to the Massachusetts
Human Resources Division for a certified list for the appointment of one permanent Police Sergeant. Vote
approved 4-1. James Xenakis opposed.
Board of Selectmen Minutes March 10, 2003 4
TOWN MANAGER'S REPORT:
In an effort to secure funding for the Old Center Traffic Improvement Project, the Town has submitted
documentation concerning the project to Congressman Tierney and State Senator Steven Baddour. Both said
they would do whatever they could to assist this important project.
The Council on Aging recently received a $5,000 grant from the Stevens Foundation to foster intergenerational
programs with North Andover youth and senior citizens. This is the second year they have received this grant.
The Budget Communications group had their first meeting on March 5th and has scheduled a subsequent meeting
for March 25, 2003 at 8:00 AM.
Massachusetts Electric has been upgrading existing electric lines located in the right-of-way between
Massachusetts Electric's Dale Street Substation and Route 114 that has resulted in some concerns being raised
by abutters to the right of way. In an effort to provide information to these effected parties, Massachusetts Electric
will be conducting an "Open House"forum to discuss this project on March 13, 2003.
The Board is requested to sign a form necessary to update a signature stamp for the Licensing Commission.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Wendy Wakeman, to adjourn the meeting at 9:15 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board