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Home My WebLink About2003-03-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 24, 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; Mark Rees, Town Manager; 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. 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; Mark Caggiano yes; James Xenakis yes; Rosemary Smedile yes. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Donald Stewart, to approve the minutes of February 10, 2003, Executive Session and Open Session as written; February 24, 2003, Executive Session and Open Session as written. Vote approved 4-0. Mark Caggiano abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Selectman Smedile encouraged the Town of North Andover to show support for our troops. She suggested residents display the American Flag or Ribbons and also comfort families that have family members in active duty at this time of war. Board of Selectmen—Appointments. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Mark Sullivan to the Solid Waste Advisory Committee. Vote approved 5-0. James Xenakis made a MOTION, seconded by Wendy Wakeman, to appoint Edward Johnson for the position of Sealer of Weights and Measures. Vote approved 5-0. PUBLIC HEARING: Pole Petition by Massachusetts Electric Company. Joseph Plentzas and Kevin Kelly, representatives of Massachusetts Electric, continued their request for the approval of the following revised petition: Massachusetts Electric Co. —Plan #S53/464—Salem Street- Place 2 (two) poles 3/2437, 2440 '/2, Remove 1 (one) pole. This petition has been settled with two abutters. The company is engaged in negotiations to try to resolve an outstanding issue with Mr. Albert P. Manzi, III., 72 Foster Street. Attorney Paige Graening appeared for Massachusetts Electric. She stressed that this project should go forward for a substation. This would avoid the occurrence of any brownouts or blackouts at the height of use during summer months. James Xenakis made a MOTION, seconded by Mark Caggiano, to postpone the pole petition on Salem Street for two weeks, so that the involved parties can come to an agreement. Vote approved 5-0. LICENSING COMMISSIONERS: Mark Caggiano made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 5-0. Donald Stewart, License Commissioner, informed the Board that he granted a one-day liquor license to St. Michael Church and School on Saturday, March 22, 2003. A fundraiser function was held between 6:30—8:00 PM at the Church, and 8:30— 11:00 PM at the School. The fee was waived for this fundraiser. Board of Selectmen Minutes March 24, 2003 2 Andover Liquors, Inc. d.b.a. —The Vineyard, 554 Turnpike Street—Change of Management. Requested that the North Andover License Commissioners approve a change of manager from James Marocco to Richard Daly at the Vineyard, 554 Turnpike Street. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the change of management at the Vineyard. Vote approved 5-0. NOTE: Selectman Xenakis excused himself from the following discussion. Sehtu Inc. d.b.a. Richdale Convenience Store, 4 Main Street. Attorney Domenic J. Scalise represented the petitioner and said that the Board of Health had no objections to the location of liquor on the premises and was satisfied with its on-site visit. After discussion about T.I.P certification, a tobacco violation, and a Lottery License suspension, the Board warned the owner of their zero tolerance on liquor violations. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to grant a wine and malt license to Sehtu Inc. d.b.a. Richdale Convenience Store, 4 Main Street. Vote approved 3-1. Mark Caggiano opposed. NOTE: James Xenakis returned to the meeting. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. CONSENT ITEMS: Martha Salisbury, representative from the Festival Committee, requested permission to solicit funds for the 4th of July fireworks display. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to approve the request from the Festival Committee to solicit funds for the 4th of July fireworks display. Vote approved 5-0. OLD BUSINESS: FY04 General Fund and Enterprise Fund Operating Budgets. The Town Manager asked that the Board to vote to approve and or modify the FY04 Enterprise Funds Operating Budget. Wendy Wakeman made a MOTION, seconded by James Xenakis, to send forth the FY04 Enterprise Funds Operating Budget recommended by the Town Manager, to the Finance Committee for their review. Vote approved 5-0. The Town Manager reviewed additional information regarding the FY04 general funds operating budget. These items were a draft timeline prepared by Town Clerk, Joyce Bradshaw; collection of property taxes and motor vehicle excise taxes; trash collection and disposal costs; miscellaneous special revenue accounts; police and fire staffing levels over the past eight years. The Town Manager suggested possible adjustments to his recommended budget in areas of state aid, transitional state aid, transportation funding, regional schools, snow& ice deficit, overlay surplus, release of assessor's article for Edgewood, restoration of Police service cuts, and restoration of Fire Service cuts. This would leave $183,000 deficit. The Town Manager noted that on Monday, March 31, 2003 at 7:00 PM the Board of Selectmen would be having their Public Forum on the FY04 Budget. Town Meeting Warrant. The Town Manager reviewed the draft of Town Meeting warrant articles including petition articles that were submitted by the March 17th deadline. The Town Manager suggested that the Board established a sub-committee to order the warrant. Board of Selectmen Minutes March 24, 2003 3 Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Mark Caggiano and James Xenakis to the sub-committee to review the warrant articles. Vote approved 5-0. Lake Cochichewick Access Rules and Regulation Wendy Wakeman made a MOTION, seconded by James Xenakis to TABLE this item. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town has recently taken steps to reinstitute the Technical Review Committee that consists of various town departments who will provide comments and informal review of various land use proposals brought forward by individuals or companies that build in North Andover. The Department of Public Works recently filed a notice of intent with the Federal Government regarding storm water pollution issues. Attorney Kenneth Kimmell has informed the Town that the Massachusetts Supreme Judicial Court has ruled in the Town's favor in our lawsuit with the Greater Lawrence Sanitary District by saying that the Town does have the right to impose anti-nuisance conditions so long as they do not prevent the GLSD from carrying out its responsibilities. The Town Manager recently signed two contracts to install an Air Scour System at the Water Treatment Plant at a cost of$412,000 and to replace the Johnson Circle Wastewater pumping station a contract price of$210,000. On March 15, 2003, a TIPS training course was conducted for all employees at the Stevens Estate. The Merrimack Chamber of Commerce Legislative/Business Caucus sponsored by the Town of Andover will be on Friday, April 4, 2003, beginning at 8:00 a.m. at the Greater Lawrence Technical School. Ray Santilli, Assistant Town Manager will be holding two training seminars for municipal employees on telephone procedures and customer service. ADJOURNMENT: James Xenakis made a MOTION, seconded by Wendy Wakeman, to adjourn the meeting at 9:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board