HomeMy WebLinkAbout2002-11-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES November 4, 2002
CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM at the Senior Center.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart;
Susan Haltmaier;Wendy Wakeman; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the minutes of September 23,
2002, Open Session and Executive Session as written; October 7, 2002, Open Session and Executive Session as
written. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Notice of Award — North Andover Historical Commission.
The North Andover Historical Commission is the recipient of the Essex National Heritage Commission Pioneer in
Partnership Award. Each year, organizations that exemplify the ENHC spirit receive this award. The NAHC was
recognized for building partnerships that preserve and celebrate the historic, cultural and natural resources of
Essex County.
Annual Holiday Festival at Stevens Estate.
The annual holiday festival will be held at the Stevens Estate on Saturday, November 16, 2002 from 10:00 AM to
5:00 PM. The public is invited to attend. There will be holiday decorations for sale, crafts, and treats. Also,
Santa Claus will be there for the children.
Town Vehicles Policy.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to review the policy on town vehicle use.
Vote approved 5-0.
Tax Relief Program for Seniors/Disabled North Andover Residents.
Mr. Aziz asked about reinstating the appropriation of funds for a tax relief program for senior citizens that reduces
property taxes in return for volunteer services.
Town Manager Mark Rees stated that the tax relief program would be on the agenda at the Board of Selectmen's
November 18, 2002 meeting.
APPOINTMENTS:
Conservation Commission.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Sean F. McDonough to fill the
vacancy on the Conservation Commission. Vote approved 5-0.
North Andover Emergency Management Communicators.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Steve Tessler and Robert Wilson as
RACES communicators. Vote approved 5-0.
CONSENT ITEMS:
All Night Winter Parking Ban 2002—2003.
The Town Manager asked the Board of Selectmen to approve an all night winter parking ban effective on
December 1, 2002. During the months of December, January, February and March between the hours of
midnight and 6:00 AM, vehicles may not park on any street or way in the Town of North Andover except in the
event of an emergency.
Board of Selectmen Minutes November 4, 2002 2
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to approve the Winter Parking Ban 2002-2003.
Vote approved 5-0.
Veterans Day Parade— November 11, 2002.
Edward Mitchell, Director of Veterans Services, requested the Board of Selectmen approve the Veterans Day
Parade to be held on Monday, November 11, 2002. The parade will form at 10:00 AM on First Street, proceed up
Main Street and onto Patriots Memorial Park, and conclude at the V.F.W. Post 2104 on Park Street.
James Xenakis made a MOTION, seconded by Donald Stewart, to approve the Veterans Day Parade.
Vote approved 5-0.
Request to Change Date for Chanukah Celebration.
Benjamin Harelick has requested to change the date for the use of Old Center Common for the Chanukah
Celebration from November 30, 2002 to December 3, 2002 starting at 6:30 PM.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the change of date to December 3,
2002, for the Chanukah Celebration. Vote approved 5-0.
North Andover Festival Committee—Christmas Parade— November 30, 2002.
The North Andover Festival Committee requested the use of streets to hold the annual Christmas Parade on
Saturday, November 30, 2002 starting at 1:00 PM. The parade will form at the Middle School and go down Main
Street to Sutton Street.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the route for the Christmas Parade
to be held on November 30, 2002. Vote approved 5-0.
OLD BUSINESS:
Acceptance of Sewer System and Sewer Pumping Stations (Rt. 114)0
The Town Manager asked the Board of Selectmen to accept and sign the final documents for settlement by and
between Mesiti Moore's Falls, LLC and the Town of North Andover for the conveyance of sewer systems and
pumping stations on Route 114.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to accept and sign the settlement documents
with Mesiti Moore's Falls, LLC. Vote approved 5-0.
NEW BUSINESS:
Request for Water Connection Fee Waiver.
Mr. & Mrs. Paul Breeden and Mr. & Mrs. Andrew Rossi of 125 and 175 Sullivan Street requested the Board of
Selectmen to grant waivers for a water sewer connection fee, as they had already paid to extend the line.
Waivers had previously been granted in similar situations.
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to grant waivers of fees for the Mr. & Mrs. Paul
Breeden and Mr. & Mrs. Andrew Rossi. Vote approved 5-0.
FY02 Free Cash.
Questions and concerns regarding the certification of FY02 Free Cash were entertained. Members of a citizen's
group, Taxpayers United for the Future, discovered $1.7 million dollars that could have been certified as FY02
free cash but was not, as the accounting for the purchase of Carter Hill was not in accordance with a little know
state law. Free cash has since been recertified to include the $1.7 million.
The Town Manager read a response on behalf of the town's financial planners. He stated that the Town
Administration takes full responsibility for the failure to adhere to MGL, Chapter 44, Section 29A and will take
appropriate steps to ensure that it does not take place again in the future. Selectmen also acknowledged the
mistake but they said they are confident in the Town's finance officials.
Selectman Wakeman thanked the TUFF group for their work regarding the FY02 Free Cash. Selectman Smedile
thanked Representatives David Torrisi and Bruce Tarr for their assistance in the re-certification of"Free Cash"
back to the Town.
Board of Selectmen Minutes November 4, 2002 3
Selectman Smedile also said that while the board acknowledges the accounting error, she must also commend
the Town Manager and Finance Director for their many successes in improving the bond rating, a barometer of
financial management.
Sam Ameen asked the Board of Selectmen to revisit its actions regarding plans for the proposed Foster Farm
elementary school.
There was no consensus from the Board to make a motion regarding this matter.
State Legislative Proposals.
The Town Manager received a letter from Senator Steven Baddour asking for recommendations for legislation for
the 2003 Legislative year.
Fire Chief Dolan recommended increasing the funding for the Student Awareness Fire Education Program and
reinstating the Jajuga/Caron Capital Building Projects.
The Town Manager would like to add proposals on Health Insurance, Collective Bargaining and Chapter 30B
Mandated Insurance levels and provisions for more funding for Special Education.
Selectman Wakeman suggested a proposal to change the state's unfair practice of using out-of-state salaries to
determine the amount of school aid that is given to bordering towns of southern New Hampshire. She also
suggested a proposal to change the authority of the Chapter 40B Housing oversight from the Zoning Board to the
Planning Board.
TOWN MANAGER'S REPORT:
The Town Manager, Mark Rees, reported to the Board of Selectmen on the following activities:
On October 22, 2002, Division and Department Directors attended a training seminar presented by Labor
Counsel, Phil Collins, on Labor and Employment Law.
On Thursday, November 14, 2002, from 2:00 to 4:00 PM at the Stevens Memorial Library, the Massachusetts
State Ethics Commission will be conducting a session on the state's ethics laws for division/department
managers. Elected and appointed officials are also invited to attend this seminar.
Bill Hmurciak and the Department of Public Works received a letter from the North Andover Soccer Association
thanking them for their work on the fields for the Columbus Day weekend tournament.
On October 24, 2002, a meeting was held with various school and town union representatives to discuss
re-instituting the Insurance Advisory Group. Kevin Walsh of Group Benefits Strategies, the Town's Health
Insurance Consultant, was present to provide an overview of the state laws governing municipal health insurance
and health insurance in general.
The Town has begun the process of moving forward with burying utilities in the Old Center Common area of town
as authorized by previous Town Meeting votes. To that end, two meetings have been held on October 25th and
November 1St with the Telephone, Electric and Cable companies. The Town will move forward first with the Old
Center Common in order to be in a position to coordinate the project with the planned traffic improvement for the
Old Center.
The Board of Selectmen were asked if they wished to sponsor the annual Holiday Breakfast for Town Employees
and to set a date for this event. James Xenakis said that he would provide the procurement for goods and the
date was set for December 18, 2002 at the Senior Center.
The Town Clerk, Joyce Bradshaw announced that Tuesday, November 5, 2002, is Election Day. She encouraged
everyone to go out and vote.
Board of Selectmen Minutes November 4, 2002 4
Selectman Xenakis applauded Joyce Bradshaw for her dedication and outstanding service as town clerk for the
Town of North Andover.
Selectman Smedile announced that Shawn Boburg, staff reporter for the Eagle Tribune, will be taking a new
position with the Tribune. His replacement will be Grace Rubenstein.
EXECUTIVE SESSION:
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to move out of Open Session and to move into
Executive Session to discuss Land Acquisition, pending litigation with Rocket Entertainment and Collective
Bargaining. Vote approved 5-0.
The Board was individually polled and each voted to move into Executive Session. Vote: Wendy Wakeman yes;
Donald Stewart yes; James Xenakis yes; Susan Haltmaier yes; Rosemary Smedile yes.
Vote approved 5-0.
Chairman Smedile stated that the Board would reserve the right to return to Open Session after Executive
Session.
CALL TO ORDER: Rosemary Smedile called the meeting back into Open Session at 10:05 PM.
ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to adjourn the meeting at
10:05 PM. Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board