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HomeMy WebLinkAbout2003-10-07 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES October 7, 2003 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 and Thomas Urbelis, Town Counsel. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss pending litigation Rocket Entertainment. The Board would be returning to Open Session immediately following. The Board of Selectmen was individually polled and the majority voted to go into Executive Session. Donald Stewart yes, James Xenakis yes, Rosemary Smedile yes, and Wendy Wakeman yes, Mark Caggiano nay. Vote approved 4-1, Mark Caggiano opposed. NEW BUSINESS: Chairman Wakeman announced that the Board would be taking Debt Authorization out of order. Debt Authorization. The Town Manager requested that the Board sign the appropriate paper work to authorize $8,208,000 in General Obligation Bonds and $37,000,000 in Bond Anticipation Notes. David Eisenthal, Vice President of Unibank Fiscal Advisory Services, Inc. described the purposes, terms and interest rates associated with these issuances. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to authorize $8,208,000 in General Obligation Bonds and $37,000,000 in Bond Anticipation Notes. Vote approved 5-0. Chairman Wakeman announced that the Board would be taking the Manager's Report out of order. TOWN MANAGER'S REPORT: The Town of Andover requested that its neighboring communities to perambulate the boundary lines between the municipalities on Saturday morning, October 18, 2003. The perambulation of town boundaries is a practice that goes back to colonial days. The Board is invited to participate in this event. On Wednesday, October 8, 2003, the Health Insurance Advisory Group will be meeting to continue discussions on ways to control health insurance costs. The Ice Rink project on Sharpner's Pond road has run into some potential roadblocks due to larger then anticipated wetlands. Option include asking for waivers from the conservation commission, taking some of the town's right of way for the project or exploring other possible areas at the Sharpner's Pond recreation area. The committee that is handling this matter will be meeting on Wednesday, October 8th to review these options and may request that the Board of Selectmen consider reopening the warrant to include articles that may enable this project to move forward. The Fire Chief recently received a $2,500 donation from Wheelabrator— North Andover towards the replacement of the Fire Safety House. This last donation, combined with previously received donations, provided sufficient funds to acquire this new piece of educational equipment. Congressman Tierney will be conducting a Community Meeting on October 27, 2003 at 7:00 PM at the Stevens Memorial Library. Invitations to this forum will be forthcoming from the Congressman's office. The Police Department was awarded a $50,000 community oriented police grant (COPS), administered by the Department of Justice to assist the town in defraying overtime costs related to homeland security. Only 14% of grant applications were approved nationwide and the $50,000 was the maximum amount the town of North Andover's size was eligible to receive. The Town Manager authorized the town to participate with other area towns, special districts and school systems (including North Andover Public Schools) in a cooperative, competitively bid, acquisition of electricity, put together Board of Selectmen Minutes October 7, 2003 2 by the Greater Lawrence Educational Collaborative. The successful bidder was TransCanada Power Marketing, Ltd. The Town anticipates saving approximately$50,000 ($20,000 municipal and $30,000 school)through this purchase agreement. Assistant Town Manager, Ray Santilli, recently journeyed to Burlington, MA to view their Selectmen's meeting room and took pictures. If the Board likes the design, he would like to contact the Greater Lawrence Vocational Technical School to see if they could build similar benches and tables for the new meeting room at the town hall. Chairman Wakeman announced that the Board would be taking Communications, Announcements, and Public Comment out of order. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Halloween Trick or Treat Hours. Chief Stanley recommended that Halloween Trick or Treat would be on Friday, October 31, 2003, from 5:00 PM —7:00 PM. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to set the date of October 31, 2003 for Trick or Treat hours from 5:00—7:05 PM. Vote approved 5-0. Selectman Smedile announced that Serviceman Evan O'Neil, nineteen years old of North Andover died in the act of duty in Afghanistan on September 29, 2003. There will be a march in his honor on Thursday, October 9, 2003, at 11:30 AM in his honor. The public was invited. Chairman Wakeman announced that the Board would be taking Old Business; Mr. Shawn Milliken out of order. OLD BUSINESS: Permission to work on town property: Mr. Shawn Milliken. At a previous meeting the Board granted Shawn Milliken permission to access town owned property for the purpose of restoring wetlands. Mr. Milliken needs a broader grant of authority to allow him to do grading work on this land to allow for proper site development on his property. The Conservation Commission administrator has no objection to this additional authorization. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve additional authorization to allow Mr. Milliken to do grading work on this land to allow for proper site development on his property. Vote approved 5-0. Chairman Wakeman announced that the Board would be taking Public Hearing for Verizon New England out of order. PUBLIC HEARINGS: Massachusetts Electric Pole Petition. Massachusetts Electric has withdrawn this request until the next meeting. Verizon New England. Verizon New England, Inc. —Plan #872, Booth Street, to place approximately 50' of underground conduit. Abutters have been notified. Donald Stewart made a MOTION, seconded by Mark Caggiano, to approve the request. Vote approved 5-0. Chairman Wakeman announced that the Board would be taking approval of minutes out of order. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the minutes of September 8, 2003, Executive Session and Open Session as written; September 15, 2003, Executive Session and Open Session as written. Vote approved 5-0. NOTE: A five-minute recess. LICENSING COMMISSIONERS: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move into licensing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses. Vote approved 4-0. Wendy Wakeman abstained. Board of Selectmen Minutes October 7, 2003 3 Laurie Fennelly, The Stevens Estate, 723 Osgood Street. A. Wakeman Event, October 12, 2003, 2:00 PM—5:00 PM, Full Bar License. B. Karen Levin Wedding Reception, October 13, 2003, 11:30 AM—4:30 PM, Beer and Wine Only. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. OLD BUSINESS: TBI Host Community Agreement. Chairman Wakeman said that it has taken ten months to put together a great Host Community Agreement with input from the selectmen, the Town's attorneys, and the Solid Waste Advisory Committee and other interested parties. Should TBI Inc. be permitted for a transfer recycling station, the Town of North Andover would receive a number of free and reduced cost services. Wakeman told the audience that Selectmen protected the Town and the ability to negotiate and made it clear that the stronger language gives the Board of Health veto power over the facility and that the agreement is null and void if the Board of Health declines the license. The Town Manager said that this agreement does not constitute an endorsement or approval of the proposed facility. Its purpose is to agree upon certain terms that will benefit the Town and is in no way a directive to the North Andover Board of Health to issue a permit for the facility. Public Comment. The following residents voiced opinions, ideas and concerns for and against the Host Community Agreement: Thomas Licciardello of 99 Middlesex Street, Sam Ameen of 33 Coventry Lane, Robert Ercolini of 195 Bridle Path Road, Diana Headrick of 144 Cricket Lane, Rick Catino of 205 Barker Street, Dan Forgetta of 1292 Osgood Street, Susan Dennett of 20 Ironwood Road, Bill Hanson of 103 Bradford Street, Diane Huster of 279 Winter Street, Maureen Yadgood of 87 Woodcrest Drive, Beth Barker of 201 Bradford Street, John Munro of 105 Middlesex Street, Karen Nemeth of 34 Elm Street, Vincent McEntee of 60 Raleigh Tavern Lane and Mark Sullivan of 141 Kara Drive. Much of the debate focused not on the details of the agreement but rather on how much public comment and input was allowed into discussion. Residents were upset with a limited time to speak and suggested that a final decision on the agreement should be delayed or be approved and ratified by Town Meeting. One resident suggested educating the public with a point-by-point presentation. Several residents did address health and safety issues surrounding the plant that will take in 650 tons of waste. Risks connected with the dust that may be created at the facility, the additional 300 daily truck trips in and out of town, and enforcing and raising truck violation fees. Other residents expressed their support for the agreement and the benefits for the Town. Selectmen Caggiano and Xenakis said that they were handed the final version of the agreement 90 minutes before the meeting and could not review it thoroughly to vote that evening and wanted it delayed for two weeks. Mark Caggiano made a MOTION, seconded by James Xenakis, subject to approval and ratification of Town Meeting, for North Andover to enter into the proposed agreement. Vote failed 2-3. Donald Stewart, Rosemary Smedile and Wendy Wakeman opposed. Selectman Donald Stewart said he previously opposed the agreement, but said he feels comfortable now that disclaimers were inserted so as not to pressure the Board of Health into approving a transfer station. Selectman Smedile said that over the last ten months the Town's two attorneys, Thomas Urbelis and Environmental Special Counsel Kenneth Kimmell have carefully drafted this agreement and are comfortable with the language that will protect and benefit the Town. Wendy Wakeman said that although the final language was not delivered until late that afternoon, the board had been working with the document in various iterations for many months. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the Host Community Agreement and authorize the Chairman sign it on behalf of the Board and return it to the Thomson family for signature. Vote approved 3-2. Mark Caggiano and James Xenakis opposed. Note: A ten-minute recess. Board of Selectmen Minutes October 7, 2003 4 FY04 Goals and Objectives. The Town Manager gave the Board a draft copy of goals and objectives for the upcoming year. This document was the result of a workshop meeting held on September 13, 2003. The Town Manager requested the Board of Selectmen approve these goals and objectives as presented or modified. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the draft copy of goals and objectives for the upcoming year. Vote approved 5-0. NEW BUSINESS: Waverly Oaks Chapter 40 B Project. The Town Manager said that Massachusetts Housing Financing Authority notified the Town of a project eligibility application for a Chapter 40 B project entitled Waverly Oaks located across from Sepulcher Cemetery. Mass Housing is requesting comments from the Town prior to their approving or disapproving the project on their level. The applicant still needs to receive approval from the ZBA, or if denied, the Housing Appeals Court, for this project to proceed. Director of Community Development and Services Heidi Griffin, with input from other town departments, has drafted a letter to the Mass Housing Finance Agency with several issues of concern. The Town Manager requested authorization from the Board to sign the letter with these recommendations. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to authorize the Town Manager to sign the letter to the Mass Housing Finance Agency. Vote approved 5-0. Budget Policy Statement (Draft). The Town Manager and Joyce Hanlon, Director of Finance presented and gave an in-depth explanation of the draft FY05 Budget Policy Statement for the Board's review and consideration. The Town Charter requires that the Board of Selectmen..."On or before the first day of November...after consulting with the Town Manager, shall issue a policy statement relating to the budget for the ensuing fiscal year." The Board of Selectmen would be asked to vote on this at the October 20, 2003. Joyce Hanlon, Director of Finance gave an overview of the Budget Policy Statement (Draft); she cautioned that fixed costs have increased and are growing far greater than projected FY05 revenues. The Town is looking at a deficit of 3 million dollars. This preliminary budget contains no use of free cash or overlays to balance the FY05 budget. State aid is expected to reflect a decrease from the FY04 aid amount, primarily due to a decrease in anticipated Special Education Circuit Breaker aid. Ms. Hanlon will work with the Town Manager, Finance Committee and Department heads to put together a balanced budget for FY05. ADJOURNMENT: James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:35 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board