HomeMy WebLinkAbout2004-08-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 30, 2004
CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:00 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.
APPROVAL OF MINUTES:
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the minutes of July 12,
2004, Executive Session as written and Open Session as written; July 26, 2004, Executive Session as
written and Open Session as written. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the Public Hearing minutes
of July 21, 2004. Vote approved 3-0. James Xenakis and Mark Caggiano abstained.
EXECUTIVE SESSION:
James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session at the
end of the meeting agenda item VIII B. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Appointments by the Board of Selectmen
The appointment sub-committee met today and interviewed three candidates for consideration for the
Zoning Board of Appeals.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Albert P. Manzi, III from
associate member of the Zoning Board of Appeals to regular member. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Thomas D. Ippolito, Richard
M. Vaillancourt, and David Webster as associate members of the Zoning Board of Appeals.
Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to appoint Richard Reming a member
of the Stevens Estate Board of Trustees. Vote approved 5-0.
Fire Chief Notice of Retirement
Fire Chief William Dolan notified the board of his intended retirement in the year 2007.
Selectman Xenakis asked if the Fire Chief's position could be taken out of Civil Service and be appointed
by the Board of Selectmen. Xenakis wants to explore the possibility through future discussions.
Fire Chief William Dolan said his intent was to retire in 2007, but if the Board of Selectmen takes the fire
chief's position out of Civil Service he would stay on until he was 65 years of age. Chief Dolan said that
this should not be a political position, but a step up through the Civil Service examination process for the
most qualified person in the department.
Zoning Board of Appeals Recognition
The Board of Selectmen recognized the following four members of the ZBA with plaques of appreciation
for their many years of service to the Town of North Andover. Walter Soule for 25 years of service;
Robert Ford for 14 years of service; William Sullivan for 27 years of service; and George Early for 5 years
of service.
Wendy Wakeman thanked Assistant Town Manager Ray Santilli and the town employees for the many
hours of preparation for the smooth move back to Town Hall.
Selectman Mark Caggiano said that in light of the state having a website providing information on level
three sex offenders. Caggiano would like to explore the options and technical aspects of providing
information within the town's website of level three sex offenders.
Board of Selectmen Minutes August 30, 2004 2
CONSENT ITEMS:
September 1th Memorial Service
James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the request by Edward
Mitchell, Director of Veterans Services, to conduct a ceremonial service at Patriots Memorial Park on
September 11, 2004 at 10:00 AM. Vote approved 5-0.
Block Party request
Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the request by Bethann
Lowrie to hold a bock party on October 2, 2004 from 2:00 PM to dusk, location 272-294 Bear Hill Road.
Vote approved 5-0.
Eagle Scout Proposal — Michael Messina
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request by Michael
Messina to make improvements to the Drummond Playground as his community service project for his
Eagle Scout designation. Vote approved 5-0.
Eagle Scout Proposal — Matt Zablocki
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request by Matt
Zablocki to install wooden trash can holders at the Cyr Recreation Area fields as his community service
project for his Eagle Scout designation. Vote approved 5-0.
Acceptance of Donation
Mark Caggiano made a MOTION, seconded by James Xenakis, to accept a donation from Wheelabrator
in the amount of$10,000 to the Fire Station for payment toward the Trauma Intervention Program. Vote
approved 5-0.
Establishment of Grogran Playground Fund
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to establish an account for the
Grogran Playground Donation Fund. Vote approved 5-0.
LICENSING COMMISSIONERS:
Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into Licensing. Vote
approved 5-0.
Carol Labell —Smolak Farms, Private Party
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the request of Carol Labell
at Smolak Farms to serve alcohol at a private party. Alcohol would not be sold and a licensed/TIP
bartender would be serving beverages. Vote approved 5-0.
Crumpet's Tea Room
Dianne O'Brien has requested a Common Victuallers License to sell tea, baked goods, sandwiches and
beverages at 56 Water Street. The hours of operation would be 8:30 AM —4:30 PM.
Rosemary Smedile made a MOTION, seconded by Wendy Wakeman, to approve the Common
Victuallers License to Dianne O'Brien for Crumpet's Tea Room at 56 Water Street. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the following one-day
licenses. Vote approved 5-0.
Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses
Zahoruiko Rehearsal Dinner Party, Thursday, September 2, 2004—6:30 PM — 10:00 PM, Beer&Wine
Zahoruiko Wedding Reception, Saturday, September 4, 2004—4:00 PM —9:00 PM, Full Liquor Bar
Claire Bailey Wedding Reception, Sunday, September 5, 2004—3:30 PM —8:30 PM, Full Liquor Bar
Sally Geary Wedding Reception, Saturday, September 11, 2004— 1:00 PM—6:00 PM, Full Liquor Bar
LeeAnn Carney Wedding Reception, Sunday, September 12, 2004—3:00 PM —8:00 PM, Full Liquor Bar
Determination to Conduct a Liquor License Violation
The police department notified the board of an alleged violation to the Town's liquor policy. Licensing
Chairman Donald Stewart suggested scheduling a public hearing regarding this violation. Richdale
Convenience Store at 4 Main Street sold alcohol to a minor via a drive-up window.
Board of Selectmen Minutes August 30, 2004 3
The Town Manager suggested writing a letter to the owner of the establishment itemizing the charges.
Selectman Caggiano said that the board should hold a public hearing for purposes of reviewing this
violation and for reviewing whether they have complied with the provisions of their license.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to hold a Public Hearing regarding
the liquor violation at the convenience of the owner of Richdale Convenience Store, 4 Main Street. Vote
approved 4-0. James Xenakis abstained.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote
approved 5-0.
PUBLIC HEARINGS:
The Town Manager asked the Board to postpone the Massachusetts Electric Pole Petitions on Andover
Street, plan #53/480 and Andover Street at Oak Avenue, plan #53/481 due to finalizing easements for the
underground utilities plan until the next scheduled Selectmen's Meeting.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to postpone the Massachusetts
Electric Pole Petitions#53/480 and #53/481 until the next scheduled Selectmen's meeting. Vote
approved 5-0.
OLD BUSINESS:
Old Center Improvement Update
Assistant Town Manager Ray Santilli gave an update on the three projects in the Old Center area
currently in the planning phases. The Merrimack Valley Metropolitan Planning Organization has moved
the roadway improvement project to the 2005 TIP; this is in coordination with the underground utility
project. The roadway project is funded for$3.8 M ($3.04 with federal funds and $760,000 with state
funds).
At the Board's July 26th meeting, the lighting consultant redesigned the lighting plan and turned it over to
Massachusetts Electric on August 12. After the utilities companies put their stamp of approval on this, the
Town will be able to go out to bid by the end of September. Civil construction would begin in either
winter/early spring and should not conflict with the roadway project.
The Board of Selectmen stated that a public hearing would be scheduled to review the internal redesign
of the town common and seek public comments and input. Director of Community Development Heidi
Griffin requested scheduling this hearing on October 12 due to the availability of the landscape architect
and members of the Historic Old Center District Project group on that evening.
NEW BUSINESS:
Police Station Financing Plan
Selectman Xenakis presented a power point presentation with a range of new strategies to pay for the
$8.5 M police station without raising property taxes. Xenakis recommended streamlining the building
design by eliminating the firing range - $800 K and reducing the remaining square footage. Earmarking
money from the town's budget surplus free cash - $1 M, selling the existing station for$1 M, and devoting
25 percent of FY06 CIP— $500 K as cost-cutting measures. This would reduce the financed amount to
$5.2 M. Xenakis suggested cutting the Community Preservation Act from 3% surcharge on property
taxes to 1% and have taxpayers shift the money that would be saved to the new police station.
According to Xenakis, if the CPA surcharge were cut back to 1%, the town would still be collecting about
$300,000—enough to keep paying the land already purchased. With that cut, the average tax bill in town
would drop by about $73. Xenakis believes that once taxpayers receive that cut, they would be inclined
to support an override to fund the station that will cost about $45 a year for 20 years. If both pieces of the
plan were passed, property owners would walk away with a small $28 decrease in taxes. A vote would
be needed for both parts of the plan —scaling back the CPA and passing an override.
Selectman Wendy Wakeman noted that If the CPA is eliminated, voters could still turn down the override.
Selectman Mark Caggiano said the plan has to be reviewed thoroughly, looking at all alternatives and the
town's budget.
Board of Selectmen Minutes August 30, 2004 4
Sam Ameen of 33 Coventry Lane and a member of the Police Building Committee thanked Selectman
Xenakis for his proposal to finding alternative ways of financing the police station.
The Town Manager said that Selectman Xenakis' recommendations would be reviewed and considered
by all committees such as the Finance Committee, Board of Selectmen and Police Building Committee.
Sargent School State Reimbursement
The Department of Education notified the Town that as a result of a recent state audit the Town could
anticipate a reduction in the amount of annual payments received from the state as reimbursement of
school construction costs for the Sargent School. The state has reimbursed the town $607,534 for ten
years, but the remaining 10 years the state would reimburse $413,924. This reduction was based on
three factors including the final cost difference, the level vs. descending payment schedule and interest
rate change with a total difference of$1,936,099. This would impact the town by approximately$200,000
a year for the next ten years.
Newspaper Dispensing Racks
Selectman Stewart witnessed an incident where a small child was severely injured when a newspaper
rack tipped over on the child. Stewart requested that the Town Manager survey other communities to see
what, if any, rules and regulations may govern the placement and installation of these racks.
Town Counsel Thomas Urbelis said that the Town could regulate newspaper racks to ensure safety of the
community.
The Town Manager said that staff would move forward with drafting regulations similar to other
communities and present it to the Board at a future meeting.
Motorized Scooters
Selectman Xenakis requested that staff look into the possibility of regulating motorized scooters. Lt. John
Carney reported that the state or legislature have no plans to regulate them. Through the efforts of the
Town Clerk and others a survey was done on how other communities handle this growing problem. The
choices are to allow limited use, ban them entirely or leave it as it is now—completely unrestricted. The
Board of Selectmen has the authority to regulate the passage of recreation vehicles through streets and
ways of the town under Chapter 161 of our town code.
The Town Manager asked Town Counsel to provide information on developing a bylaw on recreational
vehicles.
Town Manager evaluation process
Town Charter Section 4-8-1 provides that the Board of Selectmen shall annually evaluate the performance
of the Town Manager. The Town Manager asked the Board to begin this process and recommended that
the Board delegate two members to recommend to the full board the method and process for the
evaluation.
Chairman Rosemary Smedile and Clerk Wendy Wakeman gladly accepted the challenge of writing a set
of procedures and criteria, which shall form the basis for the evaluation.
TOWN MANAGER'S REPORT:
• Fire Chief William Dolan has been accepted into a five-day course at the National Fire Academy
in Maryland entitled "Fire Protection Systems for the Incident Commander"which focuses on the
use of internal built in fire protection features. The Federal Government pays for all expenses.
He will be gone from October 30 to November 5th and Deputy Chief Martineau will be in charge
during his absence.
• The Town was recently awarded a $12,820 Local Preparedness Grant from the Executive Office
of Public Safety. The grant will allow for the purchase of integrated Geographic Information
System (GIS) equipment, software and training to enhance our ability to respond to emergency
situations.
Board of Selectmen Minutes August 30, 2004 5
• The Governor's office informed the Town in a letter dated August 11, 2004, that our share of the
FY05 Chapter 90 local transportation aid will be $478,067 or a 20% increase over last years
allotment.
• Related to Chapter 90 funding, the state has told the Department of Public Works that our request
to fund the engineering necessary to design the drainage work on Milk Street (Dr. Atwood's
property) is not an eligible project. In the absence of other funding sources in FY05, the
Department is recommending that this project be included in the FY06 Capital Improvement Plan
• Upon the recommendation of Community Development Director Heidi Griffin, I appointed Ms.
Pamela A. Merrill to the position of Conservation Associate. This position is fully funded by
wetland filing fees. Ms. Merrill has an associate's degree in Urban and Community Forestry and
has experience working for both the private and public sectors in conservation areas. She was
also an intern for the North Andover Conservation Commission from 1977 to 2000.
• On Tuesday, August 24th, Selectmen Smedile, Wakeman and I attended a presentation at the
Lawrence Municipal Airport where it was announced that the State Police would be stationing a
helicopter at the airport. This helicopter will enhance greatly the region's public safety agencies
in responding to all sorts of situations from missing persons to fire suppression.
• Chairman Smedile would like the board to consider rescheduling the October 25, 2004 meeting.
Please bring your calendars so that we can check dates.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session to
consider the lease of real property for the Community Development offices because public discussion
may have a detrimental effect on the negotiating position of the Board and not to reconvene in Open
Session. The board would not be returning to Open Session. 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.
Note: There was a five-minute recess.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:00 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Wendy D. Wakeman, Clerk of the Board