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HomeMy WebLinkAbout2004-03-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MARCH 8, 2004 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the Steven's Memorial Library. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining. Vote approved 5-0. The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session. Donald Stewart yes; James Xenakis yes; Rosemary Smedile yes; Mark Caggiano yes; and Wendy Wakeman yes. Vote approved 5-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the minutes of February 17, 2004 Open Session as written and Executive Session as written. Vote approved 5-0. NEW BUSINESS: Vacancy on School Committee. Members of the School Committee met with the Board of Selectmen to begin the process of filling the vacancy on the school committee created by Darlene Torosian's resignation. Daniel Murphy Chairman of the School Committee along with other members stressed that they are in the middle of a tough budget season. They need to fill the seat as quickly as possible and need a member who understands and is familiar with the issues. Chairman Wakeman asked for a motion to submit letters of intent by March 26, 2004 to the selectmen's secretary and to meet jointly to make a decision on April 5, 2004. Mark Caggiano made a MOTION to set the date to submit letters of intent to March 22, 2004 and joint session on March 23, 2004. MOTION failed for lack of a second. Chairman Wakeman passed the gavel to Clerk Rosemary Smedile. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to set a date of March 26, 2004 to submit letters of intent to the selectmen's secretary and a date to meet in joint session on April 5, 2004. Chairman Wakeman said that having the meeting after the March 30th election was preferable. James Xenakis AMENDED the MOTION, seconded by Wendy Wakeman, to change the date to submit letters of intent to March 17, 2004 and a date to meet in joint session on March 31, 2004. Vote approved 4-1. Mark Caggiano opposed. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: The last date to register to vote in the Town Election is Wednesday, March 10, 2004. Appointment to Housing Partnership Committee. Rosemary Smedile made a MOTION, seconded by James Xenakis, to appoint William McEvoy to the Housing Partnership Committee. Vote approved 5-0. He will be representing the Housing Authority. Board of Selectmen Minutes March 8, 2004 2 Certificate of Appreciation: Assistant Treasurer/Collector Roberta McGowan. The Board of Selectmen presented Roberta McGowan with a certificate of appreciation for the successful conversion of our tax billing software. Because of her tireless efforts, this transition resulted in an improved, more efficient tax billing system. Proclamation —National Child Abuse Prevention Month. The Board of Selectmen signed a Proclamation designating the month of April as "National Child Abuse Prevention Month". The Board congratulated the Greater Lawrence Community Action Council, Inc. and the Exchange Clubs of the Merrimack Valley Family Support Center on their continued success in helping families break free from the cycle of child abuse and urged all citizens to use this time to better understand, recognize and respond to this grievous problem. Bea Fink, 1250 Turnpike Street, made a plea to the board to keep the old high school building standing and use it for town office space instead of razing the building. Ms. Fink pointed to the fact that the town is spending money by renting space for the Community Development office, the school superintendent's office and the temporary town hall. She also presented charts and figures that show the town has doubled the amount of interest paid on building projects in the past three years. Report of Beaver Issues. The Beaver Issues Committee recently met to review the Beaver Site Monitoring outline prepared by the various Town Departments and to discuss other issues of concern. Dave Rand presented four major issues of concern to the board for review. The committee requested the board to seek a legal opinion regarding two issues causing flooding and health issues. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to authorize the Beaver Issues Committee to seek legal opinion regarding the two issues causing flooding and health. Vote approved 5-0. CONSENT ITEMS: Sheep Shearing Festival &Annual Arts and Crafts Fair. James Xenakis made a MOTION, seconded by Donald Stewart, to approve the Sheep Shearing Festival & Annual Arts and Crafts Fair to be held on North Andover Common on Sunday, May 23, 2004 from 10:00 AM— 5:00 PM and next year's date is Sunday, May 22, 2005 from 10:00 AM—5:00 PM. Vote approved 5-0. Youth Services "Walk-for-Youth" Sunday, March 28, 2004. James Xenakis made a MOTION, seconded by Donald Stewart, to approve the Annual Youth Services "Walk-for- Youth" Sunday, March 28, 2004 from 9:00 AM —3:00 PM. Vote approved 5-0. Youth Services Carnival—April 29 through May 2, 2004. Donald Stewart made a MOTION, seconded by James Xenakis, to approve the Annual Youth Services "Carnival" on the grounds of the Atkinson School & Middle School on April 29 through May 2, 2004. Vote approved 5-0. Libby Brakeley Memorial Scholarship Road Race—September 19, 2004. Donald Stewart made a MOTION, seconded by James Xenakis, to approve request by Karen Nichols, chair of the Libby Brakeley Memorial Scholarship Road Race on September 19, 2004, from 9:30 AM —3:30 PM. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Mark Caggiano to move into Licensing. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the following one-day licenses. Vote approved 5-0. Laurie Fennelly, Stevens Estate, 723 Osgood Street requests the following one-day licenses. NAYHC fundraiser, Saturday, March 13, 2004, 7:00 PM— 11:30 PM, full bar license. Board of Selectmen Minutes March 8, 2004 3 Comedy Theatre, Saturday, March 20, 2004, 6:30 PM— 11:00 PM, full bar license. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve Common Victuallers license to Jerelyn E. Roberts, Manager of Treadwells Ice Cream, 1025 Osgood Street, open daily 10:00 AM— 10:00 PM. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve change of manager at Club 2104, Inc., Park Street from Kevin Hayes to Joseph J. Lynch. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. PUBLIC HEARINGS: Pole Petition by Massachusetts Electric Company. Roger Parent, representative from Massachusetts Electric, petitioned for Plan #D53/478 proposed new S.O. Stub Pole to support existing Circuit on Dale Street. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the pole petition on Dale Street. Vote approved 5-0. Amendments to Adult Use Entertainment Rules and Regulations. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to reopen public hearing to amend Adult Use Entertainment Rules & Regulations. Vote approved 5-0. Thomas Urbelis Town Counsel presented proposed amendments from Special Counsel, Scott D. Bergthold. The board was asked to vote on these amendments at this meeting. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to modify amendment in section 1.2 as follows: "Principal Owner" is defined as any person owning, directing or beneficially, twenty percent 20% or more of a corporation's equity securities, 20% or more of the membership interests in a limited liability company, or, in the case of any other legal entity, 20% or more of the ownership interests in the entity to ten percent 10%. Vote failed 1-4. Donald Stewart, James Xenakis, Wendy Wakeman and Rosemary Smedile opposed. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to adopt the amendments in Section 1.2, 1.3, 1.4 as proposed to the Adult Entertainment Rules and Regulations. Vote approved 5-0. NEW BUSINESS: Charles and Susan Papalia Sewer Betterment Issue. The board was petitioned by the Papalias to waive a sewer betterment charge. There seems to be a disagreement between the petitioner and the Department of Public Works regarding whether or not this charge can or should be waived. Before the board makes a final decision all documents will be forward to Town Counsel Thomas Urbelis for his review. This will be brought back to the board for a decision at their next meeting on March 22, 2004. Intersection of Green Street and Waverly Road. The Town Manager said that residents at Morkeski Meadows Retirement Housing have submitted a petition to prevent parking on the corner of Waverly Road and Greene Street and to improve safety of the intersection. Sgt. Soucy and Lt. Carney have examined the intersection. They suggested the simplest solution for the majority of people would be to post the area with a "No Parking Sign". This decision would affect the residents Mr. & Mrs. Allen of 369 Waverly Road. Mrs. Patricia Constantineau and Mr. & Mrs. Marty Allen presented their views on the intersection in question. Donald Stewart made a MOTION, seconded by James Xenakis, to post a Stop Sign with double white line at the intersection on Greene Street and a No Parking Sign from Here to Corner of Waverly Road. Vote approved 5-0. Board of Selectmen Minutes March 8, 2004 4 OLD BUSINESS: FY05 Operating and Enterprise Fund Budgets. The Town Manager asked the Board to vote on the recommended FY05 budget in order to comply with the time lines contained in the Town charter and forward to the Finance Committee. Selectman Xenakis had a concern regarding money collected by ambulance fees, filing fees by building department, and fees collected by the town clerk's office that are put into the general fund. Xenakis suggested that these fees be put in revolving funds or enterprise funds, such as the school does with bus fees and athletic fees instead of the general fund. This way the department that charges the fee would be fully funded by the fee and not be subject to a 2/3 & 1/3 split between schools and municipal budgets. James Xenakis made a MOTION, to instruct the Town Manager to formulate a budget that creates revolving funds for the municipal account that generates fees. Motion failed for lack of a second. After discussion the Town Manager suggested meeting with James Xenakis and discuss options for fees structure and report back at the next meeting. The Town Manager introduced an additional surplus from last year's budget and by making use of$187,000 that won't be needed for waste disposal, workers compensation and debt services to be used to offset the expenditures in the FY05 budget. Donald Stewart made a MOTION, seconded by James Xenakis, to take $299,900 out of unallocated free cash reserve to cover the Police and Fire Departments shortfalls. Rosemary Smedile AMENDED the MOTION, seconded by Mark Caggiano, to take the $299,900 out of unallocated free cash reserve barring other sources of revenue that might become apparent over the next couple of months to cover the Police and Fire Department shortfalls. Vote approved 5-0. James Xenakis made a MOTION, seconded by Mark Caggiano, to restore the funding for the following items as listed amounting to $91,540 using the $187,533 from adjustments recommended by the Town Manager with the exception of Police and Fire. The difference of$95,993 would be applied back into the free cash allocation. Vote approved 5-0. 1. To restore $17,000 funding for outreach worker for Elder Services. 2. To restore $8,000 funding for Support Services Coordinator in Youth Services. 3. To restore $39,720 funding for Inspection Position for Board of Health. 4. To restore $15,000 funding to make part-time clerk, full-time in Planning Board. 5. To restore $9,000 funding for Fire Works on the 4th of July. 6. To restore $620 for telephone and inspections. 7. To restore $1,200 for training for Town Accountant. 8. To restore $1,000 for training for Finance Administration. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to send the recommended budget to the Finance Committee and retain the right to revisit for revisions and modifications as additional information becomes available at a later date. Vote approved 5-0. Note: There was a five-minute recess. The Town Manager asked that the Board vote to approve and or modify the FY05 Enterprise Funds Operating Budgets for Water, Sewer and the Stevens Estate. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the recommended FY05 Water Enterprise Fund Operating Budget. Vote approved 5-0. Board of Selectmen Minutes March 8, 2004 5 Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the recommended FY05 Sewer Enterprise Fund Operating Budget. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the recommended FY05 Stevens Estate Enterprise Fund Operating Budget. Vote approved 5-0. Articles to be included in May 10, 2004 Annual Town Meeting Warrant. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to place articles A- SS on the warrant. This would also allow the Town Manager to make technical and minor changes as necessary. Vote approved 5-0. Police Station Appropriation and Prop 2'h Debt Exclusion. The Town Manager's recommendation for the Police Station debt exclusion is option #3: to conduct debt exclusion election on November 2, 2004 (State Election); special Town Meeting before election (maximum of 90 days) to grant contingent authorization to borrow and appropriate funds). Deadlines are debt exclusion ballot question to Town Clerk on August 4, 2004 and Special Town Meeting held August 4, 2004. Selectman Xenakis asked for answers to questions regarding the scope of the project, sale of the old building, increase in operating costs, possibility of if not entirely but partially funding this through the CIP rather than an override to offset the out-of-pocket expense of the taxpayer. The Town has come to a tentative agreement with the recommended architect on this project, Alan Leib Architects, PC, Ltd. And they are ready to move forward as soon as notified to proceed. TOWN MANAGER'S REPORT: The DPW hired Charles R. Desrosiers on March 8, 2004 Superintendent of Schools Harry Harutunian and I met with Lt. Governor Kerry Healey on February 26, 2004 to discuss FY05 Budget issues. Both Chief Dolan and Acting Deputy Chief Bill Martineau are attending the Weapons of Mass Destruction Incident Command Course. The Fire Chief has appointed Robert Kilcoyne acting Lieutenant while Bill Martineau is acting Deputy Chief. The Police Department will be conducting an Open House on March 13, 20, and 27 from 10:00 AM to 3:00 PM. ADJOURNMENT: James Xenakis made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 9:50 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board