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HomeMy WebLinkAbout2003-04-07 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 7, 2003 CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM at the Steven's Memorial Library. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Wendy Wakeman; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss negotiations with union employees the Firefighters Collective Bargaining Agreement. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Wendy Wakeman yes; Donald Stewart yes; Mark Caggiano yes; James Xenakis yes; Rosemary Smedile yes. APPROVAL OF MINUTES: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the minutes of March 10, 2003, Executive Session and Open Session as written; March 24, 2003, Executive Session and Open Session as written. Vote approved 5-0. LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move into licensing out of order. Vote approved 5-0. Stevens Estate, 723 Osgood Street—One-Day Liquor License. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses. Vote approved 5-0. 1. Julia Stitson, Chamber of Commerce Mixer, April 15, 2003, 5:00-8:00 PM —All Alcohol 2. Jayne Hannah, Comedy Theater, April 25, 2003, 7:00-11:00 PM —All Alcohol 3. Karen McGravey, Wedding Reception, April 26, 2003, 2:00-8:00 PM —All Alcohol Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. TOWN MANAGER'S REPORT: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to do the Town Manager's Report out of order. Vote approved 5-0. Thanks to the hard work of Dana Fisher with the assistance of the North Andover Fire Department, the easterly face of the Town Clock has been repaired and is now operational. Hydrant Testing will resume on April 14, 2003. This is a continuance of a program started last year to test all hydrants in the town. The DPW Spring clean up operation has begun with the two-week brush pick period beginning on March 31St and the opening of the Cyr recycling area on April 1 st. Street sweeping is expected to commence in the near future with the down town area completed first and then moving to the out country. Received notice from Senator Tarr&Senator Tucker' office that there will be a meeting at North Andover Middle School on Wednesday, April 30, 2003 concerning Chapter 40B. Each town may send no more than five officials. The Merrimack Valley Chamber of Commerce together with Minco and the Stevens Estate are sponsoring "A Patriot's Marketing Mixer" on Tuesday, April 15, 2003, at 5:00-7:00 p.m. CONSENT ITEMS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to take Consent Items VII B &C out of order. Vote approved 5-0. Board of Selectmen Minutes April 7, 2003 2 Donation of Batting Cage at the Carl Thomas Playground. Cliff Bourie, 334 Osgood Street, president of The North Andover Booster Club Little League requested the Boards approval and acceptance of a donation of a batting cage at the Carl Thomas Playground. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to accept the donation of a batting cage at the Carl Thomas Playground from the North Andover Booster Club Little League. Vote approved 5-0. Donation of Defibrillator to Fire Department from Harold Dushame. Chief Dolan requested the Board of Selectmen to accept a donation from Mr. Harold Dushame in the amount of $2,495 for the purchase of a defibrillator. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to accept the donation of$2,495 for the purchase of a defibrillator. Vote approved 5-0. APPOINTMENTS: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to take Appointments out of order. Vote approved 5-0. Board of Selectmen -Appointments. Wendy Wakeman made a MOTION, seconded by James Xenakis, to appoint Theresa Core to the Local Arts Council. Vote approved 5-0. Town Manager—Appointments. Town Manager has appointed Steve Bullis to the Merrimac Valley Planning Commission. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the appointment of Steve Bullis. Vote approved 5-0. Town Manager has appointed R. David Lindsay, DVM for the position of Animal Inspector. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the appointment of R. David Lindsay. Vote approved 5-0. Resolution relating to current military actions of the U.S. Armed Forces. Rachel Morrison, a freshman at North Andover High School suggested that the Board of Selectmen pass a resolution to show our support for our troops. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to pass the following resolution supporting our troops. Vote approved 5-0. WHEREAS, The President of the United States has activated and deployed numerous men and women of the Armed Forces from Massachusetts to assignments and missions related to the ongoing global war on terror and the current crisis in Iraq; and, WHEREAS, The citizens of North Andover have achieved world-wide renown for their zeal and patriotism in answering their nation's call to duty whenever the cause of Freedom and Justice is threatened by foreign tyrants and aggressors; and, WHEREAS, The uniformed men and women of our community are once again called upon to offer their utmost devotion in the defense of their country and to bring peace to a troubled corner of the Earth. NOW WHEREFORE, BE IT RESOLVED, BY THE NORTH ANDOVER BOARD OF SELECTMEN AS FOLLOWS: Section 1: It wholeheartedly supports and appreciates the brave men and women of North Andover serving in the United States Military and wishes them Godspeed in their dangerous missions and a safe return from harm's way. Section 2: This Resolution shall take effect upon its passage and approval. Approved: April 7, 2003, Rosemary Connelly Smedile, Chairman, North Andover Board of Selectmen. Board of Selectmen Minutes April 7, 2003 3 Police Sergeant Position. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to take Item IX C Police Sergeant Position out of order. Vote approved 5-0. The Town Manager said three North Andover Police Officers have passed the civil service test thus making them eligible for promotion to a sergeant's position. Assistant Town Manager explained the process of promotion within the Police Department. There will be a series of interviews done by the entire Board of Selectmen of the three applicants and recommendations provided by the Police Chief and the Town Manager. Selectman Xenakis requested additional information on a cost analysis provided by the Chief of Police before voting on this position. PUBLIC HEARINGS: Pole Petition—Salem Street (Continued). Joseph Plentzas, representative of Massachusetts Electric, continued their request for the approval of Massachusetts Electric Co. — Plan #S53/464—Salem Street—Place 2 (two poles) 3/2437, 2440 '/2, Remove 1 (one) pole. The abutter has resolved this petition with Massachusetts Electric. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the pole petition contingent on the Town Manager receiving notification from abutters'Attorney that both parties have resolved their dispute and are in agreement. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Donald Stewart suggested sending a letter of thanks to the Police Department for their excellent work in apprehending the violators of the Thompson School property. He also suggested sending a letter of thanks to Sheriff Cousins and the work crew that cleaned the Thompson School property. Finally, since the Town is now at the "flood watch stage" at Lake Cochichewick, this summer there should be no water bans. A resident asked for suggestions, options and alternatives from the Board to reduce the costs of Solid Waste and implement more recycling in Town. Selectman Caggiano made a MOTION, to charge the Solid Waste Advisory Committee to investigate and explore options, a means to reduce trash cost and to increase the recycling in North Andover. MOTION failed for lack of a second. Selectman Caggiano amended the MOTION, seconded by James Xenakis, to request that the Solid Waste Advisory Committee develop recommendations to the Selectmen that would result in cost savings to the Town either through a reduction in trash being generated in the Town of North Andover and/or through an increase in the rate of recycling of waste material, provided, however, that no such recommendation will result in the imposition of a trash fee. Vote approved 5-0. Tina Klein, chairman of the Solid Waste Advisory Committee said that the Town of North Andover does have a mandatory bylaw regarding recycling in the Town, but it is not enforced. By enforcing this bylaw, the Town could reduce the cost of trash. CONSENT ITEMS: Merrimack Valley Striders— Road Race, July 4, 2003. The Merrimack Valley Striders requested to hold their annual July 4th Road Races using the Old Center Common from approximately 7:00-11:00 AM. The Fire Department will provide an ambulance at a cost to the Merrimack Valley Striders of$522.64. The Festival Committee requested an additional $2.00 from the each participant fee be designated to the North Andover Festival Committee. Tina Klein, chairman of the Solid Waste Advisory Committee, suggested that all Road Races implement a plan to recycle water bottles. She offered to work with Road Race Committees in the future to provide recycle bins. Board of Selectmen Minutes April 7, 2003 4 OLD BUSINESS: FY04 Budget. The Town Manager said that State Legislators have warned city, town, and school officials statewide that they should take into account "worst case scenario" reductions in state aid of 15-20 percent from last year's numbers when preparing budgets for the coming fiscal year. The Town Manager's budget proposal includes a 10% cut that would impact the budget by $600,000-700,000. The Finance Committee met on April 3, 2003 and voted on their budget recommendations. They approved the Enterprise Fund Budget and the General Fund Capital Budget without modifications. They recommended the General Operating Fund Budget modifications to the Library and Youth Services budget that did not change the original appropriation amount. They recommended budget modifications that will provide additional funding for the Police and Fire Department Budgets. The Town Manager outlined the figures and proposed changes and noted these are subject to possible changes between now and Town Meeting, but said it was necessary to move ahead with the figures available. He recommended that the Board of Selectmen vote to approve the General Fund Operating Budget. Wendy Wakeman made a MOTION, seconded by James Xenakis, to AMEND the previous vote accepting the Town Manager's recommended FY04 general fund operating budget, incorporating the additional changes, and the AMENDED Budget is the one the Board recommends to the May 12, 2003 Town Meeting. Vote approved 5-0. Wendy Wakeman commended Mark Rees, Jack Watkins and the members of the Finance Committee for their time and effort spent working on these budgets. May 12, 2003 Annual Town Meeting Warrant. The Town Manager said that the Board was scheduled to sign the warrant for the May 12, 2003 Annual Town meeting at tonight's meeting. School Building Committee Chairman, Lou Minicucci and School Operations Manager, Paul Szymanski informed the Board of Selectmen that a request to reopen the warrant for May Town Meeting will be forthcoming. The article regards funding the Foster Farm School. They said that earlier this week, commissioner of Education David Driscoll sent a letter to superintendents giving preliminary approval to 28 new school projects. North Andover Foster Farm was seventh on the list. In order to be locked in at a reimbursement rate of 58 percent, the Town must approve the project before June 30, 2003. If all requirements are met, the school will be placed on a waiting list. With a list of 328 school projects, estimates put the wait at about seven years. Mr. Minicucci said the wording of the article would stipulate that the project would not begin until the reimbursement is delivered by the state. If voters approve the override, property taxes won't rise until the reimbursement from the state begins. The total cost of the project has been estimated at $22 million. That means the state would pay $12.8 million and town would foot the remaining $9.2 million. Selectman Mark Caggiano supported the plan to review the project. However, others expressed concerns that there was no guarantee the project would be funded seven years down the road, especially given the fiscal situation the state is in currently. Selectman Wendy Wakeman expressed discontent that the project was not brought forward earlier and spouted off a list of concerns. She was uncomfortable putting an article on the warrant without adequate time to inform and educate the public as to the particulars of what they would be voting on come Town Meeting. Chairman Smedile also expressed concerns but agreed that if this has the potential of saving the town a significant amount of money, it at least needs to be looked at. She suggested getting the opinions of the Town's State Representatives. Board of Selectmen Minutes April 7, 2003 5 Paul Szymanski said that it was the last minute placement of North Andover so high on the list that convinced the School Committee to act. He said subcommittees would address all the concerns brought forth by the board and have been formed to put together a crafted and clear article for review before the next Selectmen's meeting. Selectman Xenakis asked if the reopening of the warrant could be limited to this article only or could anyone submit an article as long as there were 10 signatures. After a lengthy discussion, Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to schedule a special meeting next week April 14, 2003 to discuss this article. Vote approved 5-0. The Town Manager said the Board could postpone signing the warrant till next Monday, April 14, 2003 Regulations for use of Lake Cochichewick. After reviewing a previous draft of Regulations for Use at Lake Cochichewick, individual selectman suggested comments and changes. These changes have been incorporated into the new draft. When approved, these regulations will be posted at the lake. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to accept the Lake Usage/Boating Regulations as written. Vote approved 5-0. NEW BUSINESS: North Andover Historical Society. Robert and Nan Stevens recently gave the Society draft copies of manuscripts by Leonora McQuesten, "Town Historian" of North Andover. The Society would like permission to publish her material at a future time. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to allow the Historical Society to publish material they see appropriate. Vote approved 5-0. Checkmate Development LLC, Special Permit Application. The Zoning Board of Appeals is requesting comments and inputs from various town boards and departments regarding the pending application of Checkmate Development to construct and operate and adult entertainment business on Hold Road. Town Counsel Thomas Urbelis recommended that the Board of Selectmen not submit any comments regarding this application because it is anticipated that the Board will also be required to decide on applications for entertainment and liquor licenses from the same applicant. Wendy Wakeman made a MOTION, seconded by James Xenakis, to notify Mr.Walter Soule, Vice Chairman of the Zoning Board of Appeals of Town Counsel's advice to the Board and to refrain from comment and thank him for the work he does for the Town. Vote approved 5-0. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:15 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board