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HomeMy WebLinkAbout2004-07-26 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 26, 2004 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 6:00 PM at the Stevens Memorial Library. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Wendy Wakeman; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss Audit Report on Police Grants and Pending Litigation Technical Training Foundation (Campion Hall). Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes; James Xenakis yes; Mark Caggiano yes; Wendy Wakeman yes, and Rosemary Smedile yes. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to release to the public and to the FBI a report from Melanson Heath & Company certified public accountants entitled The Forensic Investigation of Vendor Payments made with Police Department Grant Funds dated May 29, 2004. Vote approved 5-0. Selectman Wakeman explained that upon learning of the irregularities with Crest Associates reported in the newspapers regarding NEMLEC grants received by the town of North Andover, the Board voted to engage a forensic accountant to look at all monies received by North Andover having to do with Crest Associates and NEMLEC. The accountants found no significant or relevant irregularities in terms of grant money and the use of the money. Appointment of Conservation Administrator. James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the appointment of Alison McKay as the town's Conservation Administrator with a starting salary of$45,540 per year. Vote approved 5-0. Police Officer Candidates. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to appoint the three candidates, Justin Collins, Mark Wilson, and Robert Barter to permanent police officer positions effective Monday, August 2, 2004. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to release all minutes regarding the audit report on police grants, make public the audit report and further to release all minutes of all litigation regarding Technical Training Foundation (Campion Hall). Vote approved 5-0. Chairman Rosemary Smedile and Assistant Town Manager Ray Santilli attended a FAA meeting with representatives from the offices of Congressman Tierney, Representative Torrisi, Senator Baddour, and Senator Tarr to discuss the rerouting of air traffic over North Andover. This was an informational meeting and most of the traffic will be flying over the southeast corner of North Andover which is a navigational point about two miles from Lawrence Airport. Board of Selectmen Minutes July 26, 2004 2 CONSENT ITEMS: Acceptance of Grant from Trust for Public Lands. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to accept a grant in the amount of $10,000 from the Trust for Public Land to assist in the purchase of the Half Mile Hill Summit Property and to send TPL a thank you letter. Vote approved 5-0. Warrant for State Primary. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to sign the election warrant for the primary election to be held at the High School on September 14, 2004. Vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Wendy Wakeman to move into Licensing. Vote approved 5-0. Public Hearing -Anne B. Eisenberg, Application for Private Limousine License. The applicant has requested her application be withdrawn without prejudice. Maura Chapman of 10 Woodlawn Street, Amesbury, MA requests permission to have beer and wine served at a birthday party on September 11, 2004 from 1:00 PM to 5:00 PM at Smolak Farms, 315 South Bradford Street, North Andover, MA. They will not be selling the beverages and will have a licensed/TIP bartender serving the beverages. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the request to Maura Chapman. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to leave licensing. Vote approved 5-0. OLD BUSINESS: Old Center Common Improvements. At the Public Hearing held on Wednesday, July 21, 2004, some residents criticized a plan proposed by Massachusetts Electric to install more than 120 light poles to the town's historic district. As a result of that meeting the Board of Directors of Center Realty Trust and Benjamin C. Osgood Sr. proposed an alternative plan for lighting the Old Center. Charles Salisbury of 301 Johnson Street Center Realty Trust presented a detailed proposal to enhance nighttime illumination while maintaining the natural and informal character of the Old Center. This plan offers a total of 40 light fixtures 23 feet high at approximately 200 feet intervals apart and wattage total wattage is 7,000—an increase of approximately 75 percent above current levels to cover the same area. The committee asked the Board to consider this alternative plan. The Town Manager asked the Board to approve the plan's concept, while giving the staff the flexibility to fine-tune to achieve successful planning. If the Board endorses this plan, then the staff will go to the lighting consultant and Massachusetts Electric about the alternative plan putting up forty 23 foot poles at 200 foot intervals as compared to 129 poles and ask for a quick turnaround with plans so that the bidding can begin as soon as possible. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to endorse the new alternative lighting plan as proposed using forty 23-foot poles at 200-foot intervals with some modifications if needed. Vote approved 5-0. Wendy Wakeman suggested appointing a committee to recommend design of the luminaries on lighting fixtures. Daniel Griffin, Daniel Hennessy, Charles Salisbury, Ben Osgood, Sr. and a member of the Town's staff appointed by the Town Manager. Board of Selectmen Minutes July 26, 2004 3 Underground Utilities Easements and Licenses. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve and sign the Easements for the following properties owned by the Town of North Andover. Vote approved 5-0. Fire Station at Salem &Johnson Streets (Verizon, Comcast & Massachusetts Electric). Lot#29, Map 96 on Johnson Street (Massachusetts Electric). 33 Johnson Street (Verizon, Comcast & Massachusetts Electric). Lot X-2; Map 58 on Osgood Street (Comcast & Massachusetts Electric). License Agreements on two properties where the easements have received Town Meeting approval and require, and currently await special legislation: Lot#19, Map 59—Town Common (Comcast & Massachusetts Electric). Lot#32, Map 96 on Johnson Street— Drummond Playground (Massachusetts Electric). Debt Exclusion for Police Station. The Town Manager provided information requested from the Board at their last meeting regarding the new Police Station. He said that if the Board should decide to place a debt exclusion question on the ballot for the November 2, 2004 election, the Board must do so at tonight's meeting (Requires a 2/3rds vote of the entire board to place an exclusion question on the ballot.) The Town Manager explained that the question put before the voters would not include a dollar amount. The actual dollar amount is approved by Town Meeting through a contingent debt authorization. Selectman Xenakis said that the Board always knew a dollar amount for any project before approving to put a question on a ballot asking the residents for an override. Xenakis suggested that the project be paid in part by the CIP and the balance with an override. Xenakis said that the Board has one chance to bring this to the voters and the Board should wait for all the information and a dollar amount. What is four more months and wait until Town Meeting and then make a recommendation. Sam Ameen of 60 Coventry Lane did not want the Board to delay their vote, because time is money. Mr. Ameen said he is not an advocate for higher taxes but the conditions are deplorable at the Police Station a new building is desperately needed. He thinks the residents of this town would accept this override for this specific project. The objective is to present to Town Meeting the design, available grants, sale of the land, possible rezoning of the Greenery property to commercial and have a more realistic figure from the Architect in three to four weeks. Ted Tripp, president of the North Andover Taxpayers Association, offered a list of suggestions on where the town might find the money such as phasing out the Community Preservation Fund and using that money, collected through a real estate tax surcharge, as a possible way to help cut the cost of the new police station. He also suggested selling town assets as well as earmarking any unexpected revenue, such as new money collected from excise taxes and money saved on trash collection. Also there is hope that the old police station may be able to be sold to offset the final costs, which have been appraised at $900,000 and perhaps other land that could be sold and be used for the Police Station. Perhaps the Selectmen could put together a committee to look at some of these creative and innovated ways to put together a comprehensive plan of how to fund this project without an override. Selectman Wakeman said she supports Mr. Tripp's ideas and the town needs to investigate before going to Town Meeting and make this more palatable by including some more creative ways to finance this project and bring the big number down a bit so we can probably encourage more buy-in to the voters. We need to take seriously that voters will not vote for another override. She commended the Police Building Committee for their diligent work on this project and said the Board needs to take the next step in the process and bring this to the voters. Since the Board has not seen the final report from the Architect it would be wise to wait a few more weeks before putting this question on the ballot. Board of Selectmen Minutes July 26, 2004 4 Mark Caggiano said he supports going forward with this vote and to put this question on the ballot for November 2, 2004. Caggiano said that more than half of the Town would come out in the national election and it would be the best opportunity to get to the majority of voters. The Town Manager suggested that the Board set up two sub-committees, one for exploring alternative financing that were brought forward and another to work closely with the Building Committee in their critical junction in terms of the design work and provide feedback during the month of August before the Boards next meeting on August 30 . Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to place the following prop 2'h-debt exclusion question on the November 2, 2004 ballot: "Shall the Town of North Andover be allowed to exempt from the provisions of proposition two and one-half, so called, the amounts to pay for the bond issued to construct, equip and furnish a new police station?" Yes No Vote failed 2-3. Wendy Wakeman, James Xenakis and Rosemary Smedile opposed. NEW BUSINESS: Fall Special Town Meeting. This item is moot because it was related to the passing of the Debt Exclusion for the Police Station. Comments on Merrimac Condominiums 40B Proposal. Director of Community Development Heidi Griffin prepared draft comments that the board would consider sending to Mass Housing regarding construction of a ninety-five-unit condominium project on Route 114 in the vicinity of Berry Street and Sutton Hill nursing home. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to approve the draft letter and to send to the Mass Housing. Vote approved 5-0. Authorization to dispose of surplus items. The Board is asked to declare all the furniture and fixtures (with the exception of file cabinets) in the temporary Town Hall facility as surplus. This vote would allow the Town to auction off the furniture and fixtures by the end of August. Wendy Wakeman made a MOTION, seconded by James Xenakis, to declare all furniture and fixtures as surplus and allow the Town to auction by the end of August. Vote approved 5-0. Requested Street Name Change—Old Clark Street. Richard C. Boettcher, Communications Supervisor requested the Board's approval for a street name change. The need for the change is for public safety reasons and to clear up confusion. The suggested name for the street is Freedom Way. All individuals that have businesses on that street have been notified and are in support of the change. TOWN MANAGER'S REPORT: The Town Manager thanked all the departments that were involved with notifying the public regarding the incident involving the Raccoon infected with Rabies. Special thanks to the Health Department, Fire Department, Police Department for their quick response to this situation. He commends all those involved. ADJOURNMENT: James Xenakis made a MOTION, seconded by Wendy Wake, to adjourn the meeting at 8:20 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Wendy D. Wakeman, Clerk of the Board