HomeMy WebLinkAbout2008-12-01 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 1, 2008
CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at
Town Hall Meeting Room.
PLEDGE OF ALLIGIANCE
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Mark J.T.
Caggiano Clerk; Daniel P. Lanen; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant
Town Manager. Richard Nardella was absent.
EXECUTIVE SESSION:
Mark Caggiano made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss
Collective Bargaining. Vote approved 4-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Appointments
The Board of Selectmen's Subcommittee recommended appointing Robert Warren to serve as a Trustee
for The Stevens Estate.
Tracy Watson made a MOTION, seconded by Daniel Lanen, to appoint Robert Warren to serve as a
Trustee for The Stevens Estate. Vote approved 4-0.
Tracy Watson made a MOTION, seconded by Daniel Lanen, to appoint Michael Liporto to serve on the
Zoning Board of Appeals. Vote approved 4-0.
Certificates of Appreciation for National Elections
The Board of Selectmen presented Certificates of Appreciation in recognition of achievement to various
individuals and departments for leadership cooperation and assistance during the national elections held
on November 4, 2008. Certificates were given to the Town Clerk and Staff, Registrar of Voters and
Election Workers, the North Andover Police and Fire Departments, the Emergency Management Agency
and the School Department.
Note: Daniel Lanen recused
CONSENT ITEMS:
Acceptance of Donations: Project Life Saver
The Board was asked to accept donations to Project Life Saver from Harold Dushame in the amount of
$2,000 and from James Murphy in the amount of$300.
Mark Caggiano made a MOTION, seconded by Tracy Watson, to accept the donations to Project Life
Saver from Harold Dushame in the amount of$2,000 and from James Murphy in the amount of$300 and
to send letters of thanks. Vote approved 3-0.
Note: Daniel Lanen returned.
LICENSING:
Tracy Watson made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 4-0.
Merrimack College Alcoholic Beverages Licenses
At the Board's last meeting, Dean O'Keefe was asked to retain legal counsel to advise the college on the
appropriate application for the type of license required for the Blue Line Club located at the Volpe Athletic
Center.
Dean O'Keefe confirmed that the college has retained legal counsel, the firm of Devine, Millimet&
Branch, P.A., to research various issues relating to the liquor license. They are currently in the process of
Board of Selectmen Minutes December 1, 2008 2
reviewing the appropriate licensing statutes and regulations. It is anticipated that the research will not be
completed until next week and not in time for tonight's meeting.
Dean O'Keefe requested that the Board grant the college another one-day liquor license for Sunday,
December 7, 2008, between the hours of 1:00 p.m. —5:00 p.m. at the Blue Line Club Hockey Games—
Volpe Athletic Center. Vote approved 3-1. Mark Caggiano opposed.
The Selectmen reminded Dean O'Keefe to have his legal counsel accompany him at the next
Selectmen's meeting with a resolution to the ongoing license issue.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of licensing. Vote
approved 4-0.
PUBLIC HEARINGS:
National Grid Pole Petition
Tracy Watson made a MOTION, seconded by Mark Caggiano, to open the Public Hearing. Vote
approved 4-0.
Mr. Brian Fallon of 1 Forest Street, an abutter, said there was a problem with the overhead wires ever
since Verizon New England placed cables across his property. Mr. Fallon said that Verizon explained
that they needed two new poles, one at Boxford Street and one at Forest Street to eliminate a weight
problem. There are wires going across his property and there is no easement. Mr. Fallon is requesting
that when the new poles are installed that Verizon string the wires on the street side instead of on his
property side.
David Bouchet a representative of National Grid requested permission to locate poles, wires and fixtures,
including the necessary sustaining and protecting fixtures, along and across the following public way:
Boxford Street and Forest Street. Years ago poles were installed 200 feet apart because there were not
many wires on the poles. Today there are many more telephone wires and cable wires that create a
strain on the poles, so that poles should be placed about 100 to 150 feet apart. There should not be a
problem with placing the wires on the street side as Mr. Fallon is required.
The Town Manager suggested approving the pole petition subject to conditions on behalf of the abutter.
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the pole petition subject to the
following conditions: 1) all wires are placed on the outside of the pole facing the street; 2) Verizon would
remove the wires that currently trespass on the abutter's property; 3) that all work would be done within
90 days including the removing of existing poles so that no double poles exist and all future poles
petitions. Vote approved 4-0.
Mark Caggiano made a MOTION, seconded by Tracy Watson, to close the Public Hearing. Vote
approved 4-0.
Property Tax Classification
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to open the Public Hearing. Vote
approved 4-0.
Assessor Garrett Boles and members of the Assessors Board of Directors Ernest Jones and George
Barker were present. Mr. Boles provided spreadsheet information regarding various options to shift tax
burdens between residential property and commercial industrial and personal (CIP) property. This
information showed the impact on average tax bills along with historical information of previous years.
Public Comment
Resident Robert Ercolini of 195 Bridle Path Road presented a booklet with information about the
consequences of previous decisions on tax rates, information from the DOR municipal data bank and
listed some recent properties for sale in North Andover. Mr. Ercolini said that North Andover taxpayers
would have saved $13 million in the past seven years if the town had adopted a higher business tax rate
Board of Selectmen Minutes December 1, 2008 3
such as neighboring towns. Over the last seven years, the typical homeowner has seen an average 5.34
percent annual increase, while businesses have averaged a 2.34 percent annual decrease in taxes.
Will Carpenter of the Merrimack Valley Chamber of Commerce asked the selectmen to keep the rate the
same or even lower to bring some relief for business. It is difficult to maintain payroll or to bring on new
employees and many businesses have to close their doors because of the economy.
Selectman Rosemary Smedile said that this is a good year to share the burden. Selectman Tracy
Watson suggested shifting off the burden on homeowners who have paid it for years. Selectman Mark
Caggiano said the shift could end up helping businesses in a slow economy because it will put more cash
in the homeowners' pocket that they could use to visit area restaurants and shops.
Mark Caggiano made a MOTION, seconded by Tracy Watson, to close the Public Hearing. Vote
approved 4-0.
Tracy Watson made a MOTION, seconded by Mark Caggiano, to change the shift from 1.18 to 1.35. This
would make the residential tax rate at $11.75 per$1,000 of valuation, an increase of 35 cents over the
current rate and the business tax rate at $16.86 per$1,000 of valuation, an increase of$3.08. Vote
approved 4-0.
OLD BUSINESS:
Special Municipal Employees
The Board requested the Town Manager provide an updated list of committees and offices that receive
the designation of special municipal employees.
Animal Inspector
Assessors, Board of
Constables
Emergency Management Director
Health, Board of
Registrars of Voters, Board of
School Committee
Sealer of Weights and Measurers
Town Moderator
Volunteer Committee Members
Cable TV Committee
Capital Building Planning Committee
Community Preservation Committee
Conservation Commission
Council on Aging
Cultural Council
Disability Issues, Commission on
Emergency Management Agency
Emergency Management Agency-Auxiliary/Special Police
Festival Committee
Finance Committee
Greater Lawrence Sanitary District Representative
Greater Lawrence Vocational Technical School Representative
Board of Selectmen Minutes December 1, 2008 4
Greater Lawrence Community Action Council - 2 NA Members
Historical Commission
Housing Partnership Committee
Housing Trust Fund Board of Trustees
Industrial Development Financing Authority
Library Trustees
Machine Shop Village Neighborhood Conservation District Commission
Merrimack Valley Planning Commission Representative
Municipal Hearing Officer
Old Center Historic District Commission
Patriotic Observance Committee
Planning Board
Special Municipal Employees (Continued)
Poet Laureate
Poet Laureate Committee
Police Station Building Committee
Recreation Council
School Building Committee
Solid Waste Advisory Committee
Stevens Estate Board of Trustees
Town Government Review Committee
Wireless Bylaw Review Committee
Youth Services Board of Directors
Zoning Board of Appeals
Legal Counsel
Attorney Thomas J. Urbelis-Town Counsel
Attorney Carol McGravey-Town Counsel
Attorney Mark Bobrowski - Special Town Counsel
Attorney William August- Special Town Counsel
Attorney Philip Collins- Special Town Counsel
Attorney Tim Norris- Special Town Counsel
Attorney Jonathan S. Klavens- Special Town Counsel
Mark Caggiano made a MOTION, seconded by Daniel Lanen, to designate the above-mentioned list of
employees as Special Municipal Employees. Vote approved 4-0.
NEW BUSINESS:
Board of Selectmen Meeting Schedule 1St Half of 2009
The Town Manager provided a draft of proposed meetings schedule for the first half of 2009 for the
Board's consideration. January 12, 26, February 9, 23, March 9, 23, April 13, 27, May 4, 11, Town
Meeting, May 12, 13, June 1, 15, 29, 2009.
Board of Selectmen Minutes December 1, 2008 5
Tract Watson made a MOTION, seconded by Mark Caggiano, to approve the draft proposed meetings
schedule subject to change if needed. Vote approved 4-0.
TOWN MANAGER'S REPORT:
The Town Manager said that Steven Dailey of 162 Bradford Street donated the Christmas tree in the
Town Center.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:50 PM.
Vote approved 4-0.
Adele J. Johnson
Administrative Secretary
Mark Caggiano, Clerk of the Board