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HomeMy WebLinkAbout2002-11-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES November 18, 2002 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; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session to discuss Land Acquisition and Collective Bargaining. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote approved 5-0. Selectman Smedile stated that the Board would be returning to Open Session after the Executive Session. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve minutes of October 21, 2002, Open Session and Executive Session as written. Vote approved 4-0. James Xenakis abstained due to his absence at the meeting. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Selectman Wakeman announced that the Commission on Housing would hold a Public Hearing on November 25, 2002, at 7:00 PM at the Stevens Memorial Library. Any person interested or wishing to be heard on the issues of housing needs within the Town of North Andover should appear at that time. Selectman Wakeman thanked the Festival Committee for a great job on the Holiday Festival held at the Stevens Estate on Saturday, November 16, 2002. A special thanks to Santa Claus for an outstanding performance. Selectman Smedile announced that if anyone was interested in adopting a Holiday Wreath, the cost is $50 per wreath and to send your checks to Town Hall in care of the Holiday Decorating Committee. Cindy Jalbert, 175 Webster Woods Lane, asked the Selectmen to consider a performance audit in addition to a financial audit. Bea Fink, member of the Finance Committee, questioned a letter sent to the legislatures regarding Chapter 70B school aid. Selectman Smedile suggested that Ms. Fink meet with the Town Manager on this matter. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Licensing. Vote approved 5-0. Donald Stewart License Commissioner opened the session. Andover Liquors, Inc. 554 Turnpike Street—Transfer of Stock and Change of Management. Attorney Karen D. Simao requested that the North Andover License Commissioners approve changes in management, transfer of stock, new directors and officers for Andover Liquors, Inc. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the transfer of stock, and change of management for new officers and directors for Andover Liquors Inc. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the following one-day liquor licenses. Vote approved 5-0. Stevens Estate, 723 Osgood Street—One-Day Liquor Licenses. 1. Kristen Sanchez Christening Party Dec. 1, 2002 2:30 PM — 10:30 PM All Alcohol 2. Scott Soucey, Prescott House Holiday Party Dec. 6, 2002 7:00 PM — 11:00 PM All Alcohol 3. Carol St. James Birthday Party Dec. 7, 2002 6:00 PM — 12:00 AM All Alcohol 4. Jeff Fouldis Holiday Party Dec. 15, 2002 1:00 PM — 5:00 PM Beer&Wine November 18, 2002 2 5. Kristin Diminico Wedding Reception Dec. 31, 2002 8:00 PM — 12:00 AM All Alcohol Wendy Wakeman made a MOTION, seconded by James Xenakis, to move out of licensing. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by James Xenakis, to change the order of agenda items and to move ahead item VIIIA-Warrant for December 9, 2002. Vote approved 5-0. OLD BUSINESS: Warrant for December 9, 2002, Special Town Meeting: Selectman Smedile explained Article 16 was a petition to the state legislature to prohibit the Town of North Andover from issuing any alcoholic beverage license for any premises or establishment at which adult entertainment is conducted or occurs. The Board has been advised by Town Counsel and also by State Representative David Torrisi that this article is unconstitutional. Selectman Smedile explained in great detail the order of events regarding Rocket Entertainment's request for an application for adult entertainment license and liquor license. She also said that the Board of Selectmen's rules and regulations regarding adult entertainment were to regulate, not to prohibit, this activity in the Town. This ruling is due to the first amendment of the constitution regarding freedom of speech. The Board of Selectmen have been advised by Town Counsel not to make any comments or statements that may be perceived to be prejudging a license application before it is brought before the Board. Failure to adhere to this advice may result in lawsuits being made against the Town and personal lawsuits against individual Selectmen. Selectmen could be required to pay damages and legal fees from their personal assets without indemnification. Selectman Smedile stated that this Board has no interest at all in violating anyone's civil rights. Selectman Smedile asked the audience to keep their comments to 3-4 minutes and cautioned the audience that anything they say will be public information and may be released to the press. Selectman Wakeman also stated that another group is interested in opening the warrant regarding a tax relief for senior citizens. After these discussions, the Board of Selectmen would decide whether or not to open the warrant to make changes. Chief Stanley expressed his concerns about not issuing a liquor license to an adult entertainment establishment. He said this would not prevent the establishment from being successful. This would open the doors to young adults, 18 years of age, and also increase the possibility of access to designer drugs. Many residents asked questions that the Board could not answer due to lack of legal counsel present. Susan Haltmaier asked the residents to propose their ideas and suggestions rather than to ask questions of the Board. Rick Catino, 205 Barker Street, did some research on how some communities have managed to help regulate activities of this nature. His findings were that cities and towns have petitioned the United States Supreme Court to overruled a State Supreme Court. 1. If the strip club is being built- impose a 6-foot rule, a town anti-nudity ordinance, alcohol restriction, police presence (459-seat will need that), no VIP rooms—that is where the very bad things happen —and bright lights inside. 2. The US Supreme Court "Young v. American Mini Theaters, Inc., (1976) and Renton v. Playtime Inc. Theater, Inc., (1986) where town govt. has a substantial interest in protecting and preserving the quality of life for its community against the adverse secondary effects of sexually oriented businesses" ...crime, rape, drugs, blight, property theft, etc. 3. There are two states where Anti-Nudity Ordinances have worked (Burlington, VT) and (Erie, PA)-this is a landmark case we should be basing our fight on. 4. In Burlington, VT. the public indecency ordinance would fine violators as much as $500 for appearing nude in public, which includes nightclubs, sidewalks and public parks. There is a stated exception for modeling classes, but none for theater or other artistic productions. November 18, 2002 3 5. In Erie, PA. —The city's nude dancing ordinance, tried and found to be true by the U.S. Supreme Court last year, is making the city's law department a mecca for other municipalities looking to regulate strip clubs. Instead, Erie targeted the undesirable "secondary effects" allegedly spawned by such businesses, such as prostitution and lower property values, and argued that making dancers wear pasties and G- strings turned down the heat at such clubs—and the likelihood that ill effects would boil over into the community at large. It has given every city a blueprint for banning nude dancing. Mark Caggiano, 742 Winter Street, said that he fought the transfer station from coming to North Andover. The Merrimack Valley already has about 33% of the trash in Massachusetts. His wife and daughter both suffer from asthma. He does not support the idea of a trash transfer station being the less of two evils. Mike Souza, French Farm Road, stated that the Town is approaching this in an adversarial way. He asked that the Town increase communication with Mr. Thomson on possible alternatives. The Town must build a case to discourage both of his current ideas and find a way to encourage him in a better use of his land that is acceptable to him the Town. He challenged the Board to individually prepare and work around the clock to build a case and feel empowered within the law to set very firm guidelines against these establishments. Selectmen Wakeman stated that the Town Manager negotiates on behalf of the Board of Selectmen. Opening the lines of communication is probably a good thing to do in this case. She stated that the Board of Selectmen are sworn to uphold the constitution of the state of Massachusetts, and they are the government, not ordinary citizens. If the Board says something or does something that takes away a right of an individual who owns property or lives and works in this country, they can be sued. Mark Rees stated that he met with the Thomsons two years ago and offered different alternatives to help develop the land. At that time, the Thomsons were only interested in a trash transfer station or an adult entertainment establishment. The Zoning Board of Appeals is in court at this time, because they have denied the Thomsons a permit. Thomas Urbelis Town Counsel stated that nude dancing is a protected activity of the first amendment. He mentioned a case in the Town of Salisbury where the Board of Selectmen violated an entertainment license against an adult entertainment establishment and was fined $417,000 in damages. The Town of Amesbury had a similar case that was overturned by the Federal District Court. He also stated that the Board of Selectmen has established strict rules and regulations regarding adult entertainment. In 1996, the Town Meeting established an adult entertainment zone on Holt Road in North Andover. A resident suggested that the Town buy this parcel of land and take it by eminent domain. She stated that the residents of this Town would support and pass an override on taxes to purchase this land. Jim Connelly, Bear Hill Road, an environmental consultant, explained the details of a trash transfer plant and the need for these kinds of plants in the future. This is not an incinerator that produces a lot of air emissions. The state says, there will be a shortage of these plants in the future and that there will be a three and half million tons a year solid waste disposal capacity. We are not building landfills in Massachusetts. There are better controls in place, such as air emissions cause very little impact outside the buildings. He noted that the Department of Environmental Protection had cited a lack of such trash facilities in the area. Mr. Connelly offered the Town his help to monitor a trash transfer station. He suggested that the Town pursue the lesser of the two evils, which is a trash transfer station. He also noted tax revenue as a benefit. Selectmen Xenakis stated that if the landowner were able to commit to 85%-90% of the trash/disposal to be recycled, they would have no problem with the Board of Health and would have a clear path to operating his business. But at this time he is not willing to commit to those restrictions. Joan Kulash spoke about the environmental impact another trash facility in North Andover would have. Representative David Torrisi acknowledged that the community has reasons to object to both proposals. But these people have rights based on basic freedoms as to what they can do with their property, and they have rights based on how it is zoned. This land is zoned for two purposes, for a trash transfer station or an adult November 18, 2002 4 entertainment facility. He recently talked with Mr. Thomson who is open to negotiation. Representative Torrisi said if forced to choose, he favored the transfer station over an adult entertainment. He thanked the Selectmen for the strength that they have shown during the last year. There was a short recess at 9:30 PM. Mr. Peter Aziz spoke on behalf of the Senior Citizens of North Andover regarding the Tax Relief Program. He requested that an article restoring funding to the program be restored. The Town Manager explained that the funding can come from the overlay account and does not have to come from general funding. Mark Rees recommended the Board of Selectmen to open the warrant and add this item to it for the Special Town Meeting. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to reopen the warrant. The warrant can only be opened by unanimous consent. The vote failed 4-1, Susan Haltmaier opposed. Mark Rees said that the final version of the warrant would be ready for Selectmen's signatures tomorrow. CONSENT ITEMS: Drummond Park: Town Manager requested that the Board of Selectmen accept donations for Drummond Park lights. North Andover Youth Services has been conducting a fund raising to replace playing field lights at this park. James Xenakis made a MOTION, seconded by Donald Stewart, to accept donations for the Drummond Park lights. Vote approved 5-0. APPOINTMENTS: Planning Board Associate Member: Town Manager and the Selectmen's subcommittee, consisting of Wendy Wakeman and James Xenakis, on appointments are recommending Mr. James Phinney as an associate member of the Planning Board. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the appointment of James M. Phinney, 20 Ferncroft Circle. Vote approved 5-0. Audit Proposal Review Committee: Town Manager recommended that the Board of Selectmen assign two of its members to work with the Finance staff in selecting an accounting firm to conduct the Town's annual audit. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to assign James Xenakis and Susan Haltmaier to such a sub-committee. Vote approved 5-0. OLD BUSINESS: Acushnet Street: Mr. Eric Bakerman, 19 Acushnet Street and David Donovan, 16 Achushnet Street, addressed the Board. After a lengthy discussion, the Town Manager suggested that he would meet with residents and make suggestions for a capital improvement program for making necessary improvements to the street. The residents are willing to do anything so that they will be provided with essential services as snow plowing and trash removal. James Xenakis would like the Board to take a visual view of Achushnet Street before making a decision. This item was tabled before making a MOTION. Vote approved 4-1. Donald Stewart voted nay. Water Ban Status Report: William Hmurciak Director of Public Works gave an update of the water use for the period up to November 1, 2002. The Lake is now 18% below normal that remains in the Drought Warning Stage. The rainfall for the last 2 months has been above average and lake elevation has gone up 0.1 feet to 107.9. Continued November 18, 2002 5 average rainfall including the 3 to 4 inches received this past weekend should start the upward trend toward refilling the Lake, which would historically take place under normal conditions. NEW BUSINESS: Town Election and Annual Town Meeting Calendar: Joyce Bradshaw, Town Clerk is seeking the Board's approval for setting the dates for the following: The Annual Town Election for Tuesday, March 4, 2003. Nomination papers must be filed by January 14, 2003. Voter registration deadline is Friday, November 29, 2002. Town Hall will be opened that day until 8:00 PM. The Special Town Meeting is on December 9, 2002. The annual Town Meeting is set for Monday, May 12, 2003. Donald Stewart made a MOTION, seconded by Susan Haltmaier, to approve the dates. Vote approved 5-0. Trauma Intervention Program: Chief William Dolan requested that the Board of Selectmen allow him to contact private entities to raise this year's user agency fee that is $10,000 for the continuation of services of the Trauma Intervention Program and to investigate a permanent funding source for this line item. James Xenakis made a MOTION, seconded by Wendy Wakeman to approve the request to raise the funds to pay the user agency fee and investigate permanent funding for the Trauma Intervention Program. Vote approved 5-0. Property Tax Classification Process: Garrett Boles, Town Assessor reviewed the various options available under state law when considering property tax classification issues. The actual tax classification hearing is scheduled for Wednesday, December 11, 2002. TOWN MANAGER'S REPORT: • As a result of an application submitted by Community Development Director Heidi Griffin, the Town received a $5,000 Downtown Technical Assistance Grant from the Department of Housing and Community Development. The purpose of the grant is to assist the Town in drafting design review guidelines for improvements to buildings in the downtown area in order to stimulate economic development. To that end, a meeting with downtown business owners has been scheduled for January 14, 2003, at 7:00 p.m. in the Senior Center to receive input from them regarding this program. • As the Board may recall, the Town commissioned a preliminary hydrology review of the Mosquito Brook watershed area as a result of flooding in that area two winters ago. That review has since been completed and on Thursday, December 5, 2002, at 7:00 p.m. in the DPW Conference room a public meeting will be held where the engineers who conducted the study will present their findings. Notices of the meeting will be sent to residents in the area who had previously expressed an interest in this issue, although other interested parties are encouraged to attend as well. • The Board of Health and the Police Department, after coordinating their efforts and reviewing the matter with District Attorney's Office, will be enforcing Board of Health rules and regulations regarding the routes that trash hauling trucks may take when traveling though North Andover. The Board of Health and Police Department will be conducting a meeting on November 21, 2002, to explain the rules and regulations. Attached are copies of the abridged rules and regulations, a letter from the District Attorney as to their legality and notice of the November 21 st meeting. • Town Clerk Joyce Bradshaw was recently acknowledged by the Northeast Independent Living Program for her efforts to ensure handicap accessibility to town polls. • On Thursday, November 14, 2002, division and department managers and inspectors attended a seminar conducted by the State Ethics Commission on the applicability of state ethic laws to municipal employees. November 18, 2002 6 • Representatives from the North East Solid Waste Committee (NESWC) conducted a presentation and briefing for the North Andover Solid Waste Advisory Committee on Thursday, November 14tH • Under separate cover, we have distributed to the Board copies of the Town of North Andover Annual Financial Reports for FY2002 prepared by the Town Accountant. • Town Hall will be closed on Thanksgiving Day, November 28th and with the exception of the Library and the Town Clerk's office, municipal offices will be closed the day after Thanksgiving. • Assistant Town Manager Ray Santilli and I will be attending the fall conference of the Massachusetts Management Association in Amherst, Massachusetts on November 21 and 22, 2002. • Jean Fogarty in the Assessor's office has tendered her resignation to take a job in the Assessor's office in Methuen. • Barbara Philbrick Assistant Library Director has notified the Library Director that she will be retiring in June 2003. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier, to adjourn the meeting at 11:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board