HomeMy WebLinkAbout2002-12-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 5, 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.
PUBLIC HEARINGS:
Property Tax Classification Hearing.
Garrett Boyles, Chief Assessor gave an in-depth report of the tax classifications including different classes for
residential, open space, commercial and industrial. He provided new growth for fiscal year 2003, tax levy and
uniform tax rate. He also showed graphs and a chart giving tax rate options available to the Board of Selectmen.
He suggested that Selectmen should do away with the gap between the home and business rate.
Selectman Smedile read a letter from William Barrett president of William Barrett Homes asking the Board to vote
a lower tax rate for commercial properties.
A representative from the Merrimack Valley Chamber of Commerce spoke on behalf of the many businesses in
Town regarding how a commercial property tax cut would assist companies in remaining competitive and assist
their continued operation.
Susan Haltmaier made a MOTION, seconded by Wendy Wakeman, to close the Public Hearing on Tax
Classification. Vote approved 5-0.
After a lengthy discussion, Selectmen Wakeman and Smedile agreed that the average homeowners' bill
increased last year and questioned whether that was fair to residents, especially in tough economic times. The
businesses are suffering but so are the families who are losing theirjobs.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to maintain last year's 1.18 tax factor. Vote
approved 3-2. James Xenakis and Rosemary Smedile opposed.
The selected residential factor is 0.972737 and this is an 18% shift to take some of the tax burden off residents.
Selectmen set the tax rate per$1,000 of assessed value at $13.12 for homes and $15.92 for businesses.
LICENSING COMMISSIONERS:
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier, to move into Licensing. Vote approved 5-0.
Merrimack College, 315 Turnpike Street, No. Andover—One-Day Liquor License.
Friends of Merrimack College Christmas Social - Dec. 11, 2002—6:00 PM—9:00 PM —Beer&Wine.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the one-day liquor license for the
Friends of Merrimack College. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Susan Haltmaier, to move out of licensing. Vote approved 5-0.
OLD BUSINESS:
Preparation for December 9, 2002 Special Town Meeting.
The Board of Selectmen at their last meeting asked for more time to review Article 11 to Amend Town Chapter 41
of the Town By-Law Personnel Policy.
After a brief discussion, Susan Haltmaier made a MOTION, seconded by James Xenakis to recommend favorable
action on Article 11. Vote approved 4-1. Wendy Wakeman opposed.
Board of Selectmen Minutes December 5, 2002 2
Pending Litigation: Rocket Entertainment.
Town Counsel Thomas Urbelis recommended adoption of a motion to open communication with the Thomson
family on pending litigation between Rocket Entertainment and the Town.
Wendy Wakeman made a MOTION, seconded by Donald Stewart as follows: In light of the recent public
statements by the Thomson family about the use of their property on Holt Road, I move to authorize Town
Counsel Thomas Urbelis, Special Counsel Kenneth Kimmell and Town Manager Mark Rees to meet with the
Thomson family to discuss possible future uses of their property, as a possible settlement of the litigation pending
in the Land Court brought by Rocket Entertainment against the Board of Appeals. Selectmen Wakeman
repeated her Original Motion. Vote approved 3-2. James Xenakis and Susan Haltmaier opposed.
James Xenakis made an AMENDMENT to that MOTION, seconded by Susan Haltmaier as follows: In light of the
recent public statements by the Thomson family about the use of their property on Holt Road, I move to authorize
Town Counsel Thomas Urbelis, Special Counsel Kenneth Kimmell and Town Manager Mark Rees to meet with
the Thomson family to discuss possible future uses of their property, excluding discussion of the previously
denied trash plant, as a possible settlement of the litigation pending in the Land Court brought by Rocket
Entertainment against the Board of Appeals. Selectmen Xenakis repeated his Amended Motion. It failed for lack
of majority vote. Vote denied 2-3, Selectmen Wakeman, Smedile, and Stewart opposed.
Selectmen Xenakis suggested barring from the negotiations any discussion of putting a trash transfer station on
the site, which the Board of Health rejected in 1997. He said Selectmen delegating the negotiators to revive that
option would be stepping on the toes on health officials.
Selectmen Wakeman countered that restricting the conversations with the Thomsons would destroy the open
spirit of true negotiation. The Town Manager is the Chief Executive Officer of the Town and the Board of Health
falls under his purview.
Town Counsel Thomas Urbelis said that the Board of Health is passive and only accepts applications as they
come. They cannot be proactive and approach the Thomsons to reapply.
Many residents spoke out, both supporting and denouncing the idea between a trash plant and a strip club.
EXECUTIVE SESSION:
Pending Litigation: Rocket Entertainment.
This session was cancelled because Special Counsel Kenneth Kimmell was not present.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Donald Stewart to adjourn the meeting at 9:30 PM.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board