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Home My WebLink About2003-09-15 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 15, 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. EXECUTIVE SESSION: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining with Police Union. Vote approved 5-0. The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Board of Health Appointment. Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Town Manager's appointment of Thomas A. Trowbridge, D.D.S., M.D. to the Board of Health. Vote approved 5-0. Selectmen Xenakis requested that the School Building Committee give the Board of Selectmen an update on the funding of High School project. Ted Tripp of 262 Boston Street of the North Andover Taxpayers Association requested that the Board of Selectmen consider putting a non-binding question on the spring election ballot. Suggested question would be; "The School Building Committee has reported 5 million in surplus funds available after construction of new high school, should that money be (a)returned to the Town's general fund and be earmarked for lowering the real estate tax rate;or(b) used to purchase artificial turf for the school athletic playing fields and other school projects. CONSENT ITEMS: Kathleen Bates of Thomson School PTO requests to hold the Thomson School Annual Fun Run road race on Thursday, Sept. 25th, 2003, 5:00 pm —7:00 pm; rain date is October 2, 2003. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the annual road race for the Thomson School. Vote approved 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Mark Caggiano, to move into licensing. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following transfer of stock and change of officers/directors. Vote approved 5-0. TJR Line Inc., d.b.a. Culpeppers, 815 Turnpike Street. Transfer of stock, and change of officers/directors. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the following one-day license. Vote approved 5-0. Smolak Farms, 315 South Bradford Street, requests one-day wine and malt liquor license for October 4, 2003 from 1:00 PM —5:00 PM. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Board of Selectmen Minutes September 15, 2003 2 Vote approved 5-0. OLD BUSINESS: Preparation for November 17, 2003 Special Town Meeting. James Xenakis made a MOTION, seconded by Mark Caggiano, to place the following articles on the warrant for the special town meeting on November 17, 2003. Vote approved 5-0. Warrant Articles A— E to Amend the Operating Budget. A. Amendments to the General Fund. B. Amendments to the Capital Improvement Plan. C. Amendments to the Water Enterprise Fund. D. Amendments to the Sewer Enterprise Fund. E. Amendments to the Stevens Estate at Osgood Hill Enterprise Fund. Article F. Appropriate, transfer funds for Unpaid Bills. Article G. Appropriation of Funds— New Fire Engine. Article H. Amend Chapter 101 — Fees of the General Bylaws of the Town of North Andover by Addition of a New Section 3—Town Clerk Fees. Article I. Amend Vote on Article 7 of the December 3, 2001 Special Town Meeting —Transfer of Unexpended Funds. Article J. To Amend the Zoning Bylaw by Revising Section 4.2, Phased Development, of the Zoning Bylaw. Article K. To Amend Section 4.137 of the Zoning Bylaw by updating the Massachusetts State Building Code references from 2102 to Section 2107 in all locations, updating the NFIP State Coordinator's mailing address, noting that within Zone A of the Flood Plain District, the Wetlands Protection Act may require the base flood elevation to be determined by engineering calculations, and adding a New Section 7, Definitions. Article L. To Amend the definition of Section 2.21.3 Adult Motion Picture Theater and Section 2.21.6 Adult Use. Article M. For Authorization to Lease Stevens Estate at Osgood Hill. The Warrant officially closes on September 26, 2003. Alberto Angles gave the Board some input and background regarding the Planning Board Growth Bylaw. NEW BUSINESS: State Payment in Lieu of Taxes. The Town Manager introduced Dennis Rindone, Town Administrator of Princeton, a leader in the Stand Together Act Responsibly STAR program. Mr. Rindone explained the STAR is an organization of mostly small communities that have banded together to influence state budget decisions regarding Payment in Lieu of Taxes (PILOT)for state owned land in a municipality. These payments are a line item in the Cherry Sheet funding. Their research to date has shown that it has not only been small communities with large tracks of state forest or parks that has been impacted by cut backs in this revenue line item, but also larger municipalities such as North Andover. He explained that North Andover is one of the `top ten' losers of PILOT fund. North Andover's share was cut to $948,346 in revenue from the required funding of$2,816,647. Mr. Rindone said that STAR's sole purpose is to seek full funding of the PILOT program. State owned land is revalued every five years at its fair market value. There are about 95 communities in STAR and are inviting North Andover to join STAR. The dues are $25 a year. As a member of STAR, the Town is asked to do the following: Lt. Governor Healy is doing Round Table discussions in surrounding communities and stated that the current state administration admitted to making a start up mistake in funding the PILOT and publicly stated that they will Board of Selectmen Minutes September 15, 2003 3 fully fund the program in FY05. So we ask you to write to the Romney Administration and ask them to fully fund the PILOT program in FY05. Write to your state senators and representatives and ask them to support the fully funded program. STAR is asking local communities to track local services to state owned land by way of a spreadsheet. Several communities have already done this task and are astounded of the high cost to each town. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, for the Town of North Andover to participate in the STAR program and to pay dues of$25 a year. Vote 5-0. Request to access town owned land - Shaun Milliken and the Conservation Commission. Mr. Milliken of 78 Vest Way has entered into a tentative agreement with the Conservation Commission to reclaim some wetlands on Town owned property. Mr. Milliken requests permission to conduct restoration activities on Town owned property. Town Counsel has advised the Board of Selectmen to grant permission to allow Mr. Milliken to access onto Town property to conduct the required restoration activities. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to grant permission to Mr. Milliken to conduct restoration activities on Town owned property. Vote approved 5-0. TOWN MANAGER'S REPORT: Lieutenant Governor Kerry Healey will be hosting a roundtable discussion meeting with local officials at the Pentucket Community Bank in Haverhill, MA on Tuesday, September 16, 2003 from 1:00—2:30 PM. The Town Manager said that several years ago the Board adopted a Water and Sewer Abatement Policy that allows a resident to come before abatement review committee to settle a dispute. The committee consists of three members, who are the Finance Director, a member of the Board of Selectmen, and a citizen. Wendy Wakeman agreed to be on the committee and the Town Manager suggested appointing Mr. Samuel Ameen, 33 Coventry Lane to join the committee. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to appoint Mr. Samuel Ameen to the Water and Sewer Abatement Review Committee. Vote approved 5-0. ADJOURNMENT: James Xenakis made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 8:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board