HomeMy WebLinkAbout2002-12-02 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES December 2, 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:
Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into Executive Session to discuss
Collective Bargaining —Police. Vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote approved 5-0.
Selectmen 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 table the minutes until he has satisfactorily
reviewed them. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
The Board of Selectmen presented Jean Fogarty a Certificate of Appreciation for 30 years of dedicated service.
Ms. Fogarty worked as a departmental assistant in the Assessors Office in the Town of North Andover.
Assessors Ernest Jones, George Barker, and Chief Assessor, Garret Boyles were present in recognition to Jean
Fogarty.
Selectman Smedile thanked the Festival Parade Committee for the excellent work on the Holiday Parade and a
special thanks to Santa Claus.
Selectman Wakeman thanked the volunteers on the Housing Commission for their great and important work on
behalf of the Town.
Town Manager announced a Special Meeting of the Board of Selectmen on Thursday, December 5, 2002, for the
Tax Classification Hearing.
Rick Catino, Barker Street, discussed his recent trip to the New Bedford transfer facility with Representative David
Torrisi and the Thomson family. After touring the New Bedford facility, he is convinced that a trash transfer
station could operate safely without threatening the health of the community. The Thomsons expressed, at least
10 times, that the strip club is not a bluff. He called upon Town officials to open up dialogue with the Thomson
family and find out if there's another alternative.
Jim Connelly, Bear Hill Road, an environmental management consultant, also went to the New Bedford transfer
facility and said that this was one of the best, state-of-the-art facilities he has ever seen. This is the same type of
facility that the Thomsons want to propose. Connelly also noted that the state Department of Environmental
Protection would begin banning the dumping of construction debris next year. He said there is a real need for
facilities like the one the Thomsons are proposing.
Representative David Torrisi said he believed the community is asking the Board of Selectmen to make a motion
or a formal vote to have Town Counsel and the Town Manager to meet with the Thomsons to open up
negotiations to look at all options for the use of this property.
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PUBLIC HEARINGS:
David Boucher, Massachusetts Electric Company, addressed the Board and requested the approval of the
following petition:
Plan #G-53/459—Great Pond Road — Place 1 (one) pole 29/3024-84.
James Xenakis made a MOTION, seconded by Susan Haltmaier, to approve the request. Vote approved 5-0.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION, seconded by James Xenakis to move into Licensing. Vote approved 5-0.
99 Restaurants—Transferring Corporation Name.
Charles Noyes, manager of the 99 Restaurants LLC presented an application for transferring the alcoholic
beverage license from 99 Boston, Inc. to the 99 Restaurants of Boston LLC. O'Charley's Inc has bought out the
99 Restaurants.
Wendy Wakeman made a MOTION, seconded by James Xenakis to accept the transfer of all alcoholic beverages
license from 99 Boston Inc. to 99 Restaurants of Boston LLC. Vote approved 5-0.
China Blossom Restaurant—Transfer of Management:
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to approve the transfer of manager at the
China Blossom Restaurant. Vote approved 5-0.
Stevens Estate, 723 Osgood Street—One-Day Liquor Licenses.
Susan Haltmaier made a MOTION, seconded by Wendy Wakeman to approve the following one-day liquor
licenses. Vote approved 5-0.
1. Ed Radolfi —Caldwell Banker Holiday Party Dec. 12, 2002 6:30 PM — 11:30 PM All Alcohol.
2. Carol St. James Birthday Party— Rescheduled Jan. 18, 2003 6:00 PM — 12:00 AM All Alcohol.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing.
Vote approved 5-0.
OLD BUSINESS:
Preparation for December 9, 2002 Special Town Meeting.
The Board of Selectmen gave recommendations on the following articles for December 9, 2002 Special Town
Meeting.
Article 1: Appropriate from Free Cash to Fixed Expenses, Unemployment Expenses: To see if the Town will vote
to appropriated from Free Cash, an additional $75,000 to Fixed Expenses, Unemployment Expenses, for current
fiscal year; or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 1.
Vote approved 5-0.
Article 2: Appropriate from Free Cash to Public Works, Expenses: To see if the Town will vote to appropriate
from Free Cash, an additional $40,000 to Public Works, Expenses for the current fiscal year. (Street Light
Expenses); or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 2.
Vote approved 5-0.
Article 3: Appropriate from Free Cash to General Government Expenses: To see if the Town will vote to
appropriate from Free Cash, an additional $20,000 to General Government, Expenses for the current fiscal year
(Veteran's benefits); or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 3.
Vote approved 5-0.
Article 4: Appropriate from Free Cash to Public Safety, Personnel: To see if the Town will vote to appropriate
from Free Cash, an additional $10,000 to Public Safety, Personnel for the current fiscal year(Communications
Officer's contract); or take any other action relative thereto.
Board if Selectmen Minutes December 2, 2002 3
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 4.
Vote approved 5-0.
Article 5: Appropriate from Overlay Surplus to Fixed Expenses, Liability Insurance: To see if the Town will vote to
appropriate from Overlay Surplus, an additional $93,000 to Fixed Expenses, Liability Insurance, for the current
fiscal year; or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 5.
Vote approved 5-0.
Article 6: Appropriate from Free Cash and Overlay Surplus to Reserve Fund: To see if the Town will vote to
appropriate from Free Cash, $172,000 and from Overlay Surplus an additional $158,000 to General Government,
Finance Committee Reserve Fund for the current fiscal year. (potential snow& ice and special education
deficits); or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 6.
Vote approved 5-0.
Article 7: Transfer from Salary Reserve to Personnel Line Items: To see if the Town will vote to transfer
$470,450 from General Government Salary Reserve to the following Fiscal Year 2003 budget line items:
General Government Personnel: $135,044
Public Safety Personnel: $264,548
Public Works Personnel: $ 70,858
Or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 7.
Vote approved 5-0.
Article 8: Appropriate from Overlay Surplus to General Government Expenses: To see if the Town will vote to
appropriate from Overlay Surplus, an additional $62,756.38 to General Government Expenses (Assessors
Expenses) for the current fiscal year; or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 8.
Vote approved 5-0.
Article 9: Borrowing Authorization —Johnson Circle Sanitary Sewer Pumping Station (Sewer Enterprise Fund):
To see if the Town will vote to authorize the treasurer/collector, with the approval of the Board of Selectmen, to
borrow under the provisions of Chapter 44 of the Massachusetts General Laws or any other authority an amount
of$90,000 to be spend under the direction of the Town Manager for the purpose of providing additional funding
for the replacement of the Johnson Circle Sanitary Sewer Pumping Station; or take any other action relative
thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 9.
Vote approved 5-0.
Article 10: Prior Year Unpaid Bills: To see if the Town will vote to raise and appropriate, transfer from available
funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills from prior years of the
Town, a total of$3,732.79; or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 10.
Vote approved 5-0.
Article 11: Amend Town Chapter 41 — Personnel: To see if the Town will vote to rescind in its entirety Chapter 41
of the Town By-Laws, Personnel as originally adopted at the July 1957 Town Meeting and revised by Town
Meeting actions through 2002.
James Xenakis made a MOTION, to recommend favorable action on Article 11.
The MOTION failed to receive a second.
Article 12: Amend Zoning By-Law Section 10.4 Variances and Appeals: To see if the Town will vote to amend
Section 10.4.2 of the Town of North Andover Zoning By-law by replacing the words "seventy-five (75) days"with
"one-hundred (100) days"to allow the Zoning Board of Appeals one-hundred (100) days to made a decision on a
Board if Selectmen Minutes December 2, 2002 4
variance or appeal after the date of the petition being filed with the town Clerk in accordance with Massachusetts
General Laws 40A, Section 15; or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 12.
Vote approved 5-0.
Article 13: Amend Zoning By-Law—Section 6.6 B Temporary Signs: To see if the Town will vote to amend the
durational limitations on the political sign bylaw of the Town of North Andover Zoning By-law by deleting section
6.6B (a)5(e) which states that such signs "shall be erected no sooner than thirty (30) days prior to the date of the
election and shall be removed within three (3) days after the election,"; or take any other action relative thereto.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier, to recommend favorable action on Article
13. Vote approved 5-0.
Article 14: Acquisition of Land — English Circle: To see if the Town will authorize the Board of Selectmen to
acquire by gift, purchase or eminent domain approximately 1,842 square feet of land being shown as Parcel "X"
on a plan of land entitled "Subdivision Plan, English Circle in North Andover, Mass., drawn for Gene L. English,
Scale 1"=40', dated August 1989, revised September 1989, Merrimack Engineering Services", which said plan is
recorded with Essex North District Registry of Deeds as Plan No. 11878 and to award no damages for said
eminent domain taking; or take any other action relative thereto.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to recommend favorable action on Article 14.
Vote approved 5-0.
Article 15: Land Acquisition —Great Pond Road Adjacent to Water Treatment Plant (Water Enterprise Fund): To
see if the Town will authorize the Board of Selectmen to acquire by gift, purchase or eminent domain
approximately 53,250 square feet of land adjacent to the North Andover Water Treatment Plant located on Great
Pond Road and more fully described on a plan on file with the Town Clerk's Office labeled "Site Plan, Figure 1,
North Andover Water Treatment Plant prepared by Weston & Sampson Engineers, Inc. dated October 2001, and
to award damages in an amount not to exceed $30,000 for said eminent domain taking and, furthermore, said
$30,000 be raised and appropriated from the Water Enterprise Fund; or take any other action relative thereto.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to recommend unfavorable action on Article
15. Vote approved 5-0.
Article 16: Petition to State Legislature— Prohibition of Alcoholic Beverage License to Adult Entertainment
Businesses: To see if the Town will vote to instruct the Town's representatives to the General Court to file a
Home Rule Petition 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; or take any action relative thereto.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to recommend unfavorable action on Article
16. Vote approved 5-0.
After a lengthy discussion on setting fees, the Board of Selectmen felt that Article 17 should be brought forward to
the people of the Town on a non-binding public opinion advisory question on a municipal ballot. Article 17 will still
go before Special Town Meeting on December 9, 2002 a vote of the body.
Article 17: Acceptance of Massachusetts General Laws, Chapter 40, Section 22F—Setting of License Fees and
Service Charges: To see if the Town will vote to adopt Massachusetts General Law Chapter 40, Section 22F,
"License Fees—Service Charges"; or take any other action relative thereto.
Petition of Michele L. Nadeau and others. James Xenakis made a MOTION, seconded by Wendy Wakeman, to
recommend unfavorable action on Article 17. Vote approved 4-1. Susan Haltmaier voted nay.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to place an article on the March 4, 2003 ballot,
an informational non-binding question regarding the implementation or acceptance of Massachusetts General
Law Chapter 40, Section 22F. Vote approved 4-1. Susan Haltmaier voted nay.
School Committee member Bruce Baker asked the Board to provide information on how an article can be placed
on a ballot question for an election. The Town Clerk will provide the information to him.
Board if Selectmen Minutes December 2, 2002 5
Preparation for December 5, 2002 Tax Classification Hearing.
The Town Manager provided additional information to the Board of Selectmen in preparation for their December
5, 2002 Tax Classification Hearing. Information was distributed to the Board on residential tax bills, the top ten
taxpayers and what other communities do in regards to their tax rate. Additional information will be provided by
the Assessors office before the meeting on December 5, 2002.
Acushnet Street.
The Town Manager presented a DPW cost estimate to construct a cul-de-sac on that road to make it safe for
town trucks to navigate that street. Eric Bakerman of Acushnet Street said that none of the residents have asked
for the Town to spend any money on the roadway. They are just asking for curbside trash pickup and a small
pickup with plow to maintain road during inclement weather. After discussion, Donald Stewart made a MOTION,
seconded by James Xenakis, to approve curbside trash pickup and snow plowing and winter maintenance on
Acushnet Street. Vote approved 4-0-1. Susan Haltmaier abstained.
NEW BUSINESS:
Fire Department Staffing and Budget issues.
The Town Manager said that the Fire Chief, based on year to date staffing levels and payroll expenses, has
identified potential problems with his personnel budget of$40,000. The Fire Chief is asking that this be brought
before the Finance Committee and request the approval for a transfer from the reserve fund for the projected
$40,000 required. Chief Dolan explained the problems in detail and gave three options, which could be taken to
address this problem.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to make a recommendation to refer the Fire
Department budget issues to the Finance Committee to earmark reserve funds for the personnel budget.
Vote approved 5-0.
Authorization to enter into five-year contract, Medtronic Physio-Control Corp.
Chief Dolan requested that the Selectmen approve the Fire Department to enter into a five-year maintenance
agreement on the Town owned semi-automatic defibrillators. This particular contract is for the annual
maintenance and service for the Town owned 20 defibrillators.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the five-year contract with
Medtronic Physio-Control Corp. Vote approved 5-0.
Water Treatment Plant Instrumentation Upgrade.
The Town Manager gave an explanation of an attempt to execute a contract for upgrading the instrumentation at
the Water Treatment Plant with A.B.B. Inc. There was a question of the indemnification clause that, in the opinion
of Town Counsel, does not adequately protect the Town's interest or pay significantly more funds to do the
necessary work to overhaul the water treatment plants instrumentation.
James Xenakis made a MOTION, seconded by Donald Stewart, to notify Town Counsel to accept the contract
with A.B.B. with the indemnification clause as written within the contract. Vote approved 5-0.
Notice of Intent to Sell, Chapter 61A, Section 14 Land at Rea Street and Chestnut Street.
The Town Manager received a letter from Kenneth W. Rea regarding the intent to sell property which has been
valued, assessed and taxed on the basis of its agricultural use and to which the Town has a statutory first refusal
option.
Attorney Robert Levy requested that if the Board of Selectmen elects to exercise its first refusal option, to please
provide the required statutory notice. If it is the intention not to exercise the first refusal option, please provide
notice that the option will not be exercised in accordance with Chapter 61 A, Section 14. This is to be done within
120 days
Selectman Wakeman stated that this area has little conservation value. The Board authorized the Town Manager
to draft a memo to all the Boards and the CPA committee asking them to respond within 30 days to make a
decision.
Board if Selectmen Minutes December 2, 2002 6
TOWN MANAGER'S REPORT:
The Town Manager recently signed contracts in the amount of$909,000 for approved water and sewer projects.
The Department of Public Works will be conducting a public meeting on December 5, 2002 to discuss results of
the Mosquito Brook Hydrology Report.
The Police Department has been awarded an $117,000 Community Policing Grant from the Commonwealth of
Massachusetts.
On Monday, November 25, 2002, the Town Manager attended a public hearing of the Board's Commission on
Housing Issues of which Selectmen Smedile and Wakeman were also present. If the public hearing is any
indication, this committee is working diligently and comprehensively in completing their charge to develop a
housing plan for North Andover.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to adjourn the meeting at 9:30 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board