HomeMy WebLinkAbout2002-07-15 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES July 15, 2002
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;Wendy Wakeman; Susan Haltmaier; 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 Real Estate matters regarding Lawrence Airport Enterprise Commission,
Maritimes Pipeline and land adjacent to the Water Treatment Plant; Labor Relations; vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Wendy Wakeman yes; Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes; Rosemary Smedile
yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by Donald Stewart to approve the Executive Session and Open
Session Minutes of February 19, 2002 and February 25, 2002;vote approved 4-0-1. (Wendy Wakeman
abstained).
James Xenakis made a MOTION, seconded by Donald Stewart,to approve the Open Session Minutes of March
18, 2002,April 1, 2002, May 13, 2002, and May 28, 2002 and the Executive Session and Open Session Minutes
of March 25, 2002, May 6, 2002, May 20, 2002, and June 24, 2002.
Wendy Wakeman amended the MOTION, seconded by James Xenakis,to approve the Open Session Minutes of
March 18, 2002,April 1, 2002, May 13, 2002, May 28, 2002 and the Executive Session and Open Session
Minutes of March 25, 2002, May 6, 2002, May 20, 2002, June 24, 2002, but to amend the Executive Session
Minutes of March 25, 2002 on page 2, paragraph 2 take out the word"not"as the vote was approved. In the
Open Session Minutes of March 25, 2002, Ms.Wakeman further amended page 3 in the second paragraph
substituting the word"encouraging"for the word"begging"; vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT
Certificate of Achievement. Fire Department Awards.
Firefighter James Crane. Fire Chief William Dolan presented Firefighter James Crane with a formal written
commendation plus one day off with pay for his actions on November 22, 2001 when Mr. Crane encountered a
serious accident on Route 95 in Connecticut assisting the victims until the local police and fire departments
arrived on the scene.
Firefighter Steve Risacher. Fire Chief William Dolan presented Firefighter Steve Risacher with a Letter of
Recognition for his actions while driving to work on May 25, 2002 finding a smoldering barrel against a garage
that was attached to the house. Firefighter Risacher pulled the barrel away and notified the Fire Department
preventing the fire.
Firefighter Barry Sullivan. Fire Chief William Dolan presented Firefighter Barry Sullivan a written
commendation plus one day off with pay for his actions on June 8, 2002, while off-duty, assisting a motorcyclist
laying on the street at the intersection of Massachusetts Avenue and Osgood Street.
Mrs. Patty Sullivan. Fire Chief William Dolan presented Mrs. Patty Sullivan with a Certificate of Appreciation
for her actions in assisting her husband Firefighter Barry Sullivan for her actions in providing medical attention
to the motorcyclist at the intersection of Massachusetts Avenue and Osgood Street.
Board of Selectmen Minutes July 15, 2002 Page 2
Lieutenant Robert Fogarty. Fire Chief William Dolan presented Lieutenant Robert Fogarty with a written
commendation, one day off with pay and a"Commendation Medal"for his actions on June 9, 2002,while
driving to work, came upon a single vehicle accident on Route 495 in the Town of Merrimac. Lt. Fogarty found
the driver not breathing and performed CPR on the victim until an ambulance arrived and transported the victim
to the hospital. The victim suffered a massive heart attack and was in stable but critical condition.
Graduation from Firefighting Academy.
AcademAcademy.
Chairman Rosemary Smedile presented Certificates of Accomplishments on behalf of the Board of Selectmen to
Firefighters David Hebert and Daniel Pas for their successful graduation from the Fire Academy on June 21,
2002.
Board of Selectmen Appointments to Boards and Committees.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, in accordance with the recommendations of
the subcommittee of Wendy Wakeman and Rosemary Smedile,to approve the following Board of Selectmen
Annual Appointments; vote approved 5-0.
Committee Last Name First Name Term
Cable TV Parker Robert 3 Year
Cable TV Dague George 3 Year
Conservation Commission Manzi, Jr. Albert P. 3 Year
Council on Aging Graham John F. 3 Year
Council on Aging* Long Patricia A. 3 Year
Community Preservation Committee Headrick Ronald S. 3 Year
Community Preservation Committee* O'Brien Susan B. 2 Year
*New Appointments, all others reappointments
Town Manager Appointments to Boards and Committees.
Wendy Wakeman made a MOTION, seconded by Donald Stewart,to approve the Town Manager's
recommendations for Annual Appointments to the Planning Board; vote approved 5-0.
Committee Last Name First Name Term
Planning Board Angeles, Jr. Alberto 3 Year
Planning Board White George 3 Year
LICENSING COMMISSIONERS:
Wendy Wakeman made a MOTION, seconded by Donald Stewart,to move into Licensing; vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile,to approve the following (7) One-Day
Licenses for Julia Stitson at Stevens Estate, 723 Osgood Street,North Andover, vote approved 5-0.
1. D'Ambrosia/Osgood Wedding July 20, 2002 4:00 p.m.-11:00 p.m. All Alcohol
2. Kristin Karl Wedding July 27, 2002 5:00 p.m.-10:00 p.m. All Alcohol
3. Pastore/Theodore Wedding August 3, 2002 3:45 p.m.-10:00 p.m. All Alcohol
4. Sara Prague Wedding August 9, 2002 6:30 p.m.-12:30 a.m. All Alcohol
5. Rachel Robson August 10, 2002 5:00 p.m.-11:00 p.m. All Alcohol
6. Mellisa Pastore Wedding August 17, 2002 4:00 p.m.-11:00 p.m. All Alcohol
7. Jackie Pelosi Wedding August 24, 2002 5:30 p.m.-11:30 p.m. All Alcohol
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier, in consideration of the fact that the Board
will not meet until August 12, 2002, grant Donald Stewart Licensing Commissioner temporary authority to grant
any such License that comes up until the next Board of Selectman Meeting, vote approved 4-0. (Donald Stewart
abstained from the vote).
Board of Selectmen Minutes July 15, 2002 Page 3
Susan Haltmaier made a MOTION, seconded by Wendy Wakeman,to move out of Licensing; vote approved
5-0.
PUBLIC HEARING:
George Ameen of Massachusetts Electric presented two pole petitions to the Board of Selectmen.
Wendy Wakeman made a MOTION, seconded by Donald Stewart,to approve the following (2) Pole Petitions
for Massachusetts Electric and Verizon New England; vote approved 5-0
1. Plan B53/452 Waverly Road place 2 (two) 53/492, 492-50
2. Plan B53/453 Waverly Rd. Place 2-3"PVC conduits and primary electric cable to provide
electric service to Delucia Way Development
A representative of Verizon New England presented two petitions to the Board of Selectmen to place
underground conduit on Waverly Road and Great Pond Road.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to approve the following (2) Pole Petitions
to place underground conduit for Verizon New England; vote approved 5-0.
1. Plan 864 Waverly Road to place 20 feet of underground conduit
2. Plan 865 Great Pond Road to place approximately 18 feet of underground conduit
CONSENT ITEMS:
Walk for Elder Services of Merrimack Valley.
Wendy Wakeman made a MOTION, seconded by Donald Stewart,to approve the request from Elder Services
of the Merrimack Valley to hold Walk for Elders on September 29, 2002 at 10:00 AM; vote approved 5-0.
Saint Michael's Church Mass and Picnic.
Donald Stewart made a MOTION, seconded by Wendy Wakeman,to approve the request from Saint Michael's
Church to use the Old Center Common on September 22, 2002 with a rain date of September 29, 2002, for a
parish Mass and picnic from 7:00 a.m.-5:00 p.m.; vote approved 5-0.
Discussion: Selectman Wakeman stated in the future rain dates should not be granted, as it would tie up the
Common for two days.
OLD BUSINESS:
Route 114 Sewer Line Connection.
The State Legislature has passed, and the Governor has signed,the special legislation the Town requested
authorizing the settlement agreement on the Mesiti Sewer line agreement. Town Counsel Thomas Urbelis
recommended the Board of Selectmen vote in Open Session to confirm a previous vote in Executive Session to
charge $1,557 sewer connection fee for users who wish to tie into the Mesiti Sewer line system. The intent of
the higher connection fee (the connection fee normally is $1,000) is for the sewer enterprise fund to recoup over
time the settlement costs associated with the town's acquisition of this particular sewer line.
James Xenakis made a MOTION, seconded by Wendy Wakeman,that the Board vote to confirm that the sewer
connection fee be in the amount of$1,557 for each user who connects or has connected after June 1, 2001 to the
sewer line and pumping stations along and in the area of Route 114 and Campbell Road constructed by Mesiti
Development Corp., or who connects to any future extension thereto; vote approved 5-0.
Order of Taking Half Mile Hill Property (Revised).
Attorney George Dallas working with Town Counsel's office requested that the Board approve a slight
modification in the Order of Taking for the recently acquired Half Mile Hill Property.
Wendy Wakeman made a MOTION, seconded by James Xenakis,to rescind the previous Order of Taking and
approve the revised Order of Taking; vote approved 5-0.
Board of Selectmen Minutes July 15, 2002 Page 4
NEW BUSINESS:
Local Government Early Retirement Incentive Program.
Assistant Town Manager Ray Santilli updated the Board of Selectmen effective May 15, 2002; Chapter 116 of
the Acts of 2002 established a local option to allow towns to offer an Early Retirement Incentive Program
(ERIP) for eligible employees. The deadline to accept the program is November 1, 2002. If the program had
been considered prior to June 30'h, it would have needed an affirmative vote of both the Board of Selectmen and
Town Meeting. Subsequent to June 30'h, an affirmative vote of only the Board of Selectmen is required. Under
the early retirement law,towns must"customize"their ERIP. This includes decisions on which retirement
groups will be allowed to participate,the number of employees eligible (either town-wide or by retirement
group),the effective retirement date, and the number of years/points to be awarded(either to age or length of
service). The Board of Selectmen must also formerly approve the decisions on the design of ERIP.
William Martineau an elected official with the Essex County Retirement Board told the Board of Selectmen that
there are currently fifteen employees interested in the early retirement which will cost the town approximately
$90,000 annually.
This information was presented to the Board; no action was taken at this time. The Board will review material
and bring it back at a future meeting.
Street Lights.
When the FY03 budget was approved,there was a reduction in the street light budget by$39,894 from$150,000
to $110,106. At that time it was anticipated that this reduction would be implemented by turning off one of
every four streetlights in North Andover. When the street light vendor Mass Electric was approached to begin
the process of turning off streetlights,the Town was informed that as a regulated utility,the Town had to
comply with certain regulations or tariffs governing the discontinuance of streetlights. The Town would have to
turn off considerably more than 25%of the streetlights in order to comply with the regulations in order to affect
the necessary$39,984 in savings. In an effort to make up that amount the Town Manager is proposing the
Selectmen consider two separate initiatives: buying all the town's street lights from Mass Electric and seeking
competitive rates for electricity from other companies. The two options, which several other towns in the state
have acted on, could save the town money in the long-term. Currently, Mass Electric owns all the street lights
in the town and sells the town electricity for its facilities.
If the town owned the streetlights, officials would be able to turn lights off without facing any fees. But the
substantial money-saver would be avoiding Mass Electric's street light maintenance costs, John Shortsleeve,
president of Bay State Consultants in Haverhill,told selectmen. Third party contractors would maintain the
town-owned lights much more cheaply. The process would also likely involve extended negotiations with Mass
Electric, and possibly litigation, over the price of the streetlights. Mr. Shortsleeve said if the town agrees to
pursue the purchase with him as a hired consultant, he would file a complaint with the state's Department of
Telecommunications and Energy over Mass Electric's current purchase price, which was increased to a
prohibitive rate in 1999 to effectively prevent towns from buying lights. A 1997 state energy deregulation law
gave communities the right to buy streetlights.
Based on a cursory estimation, Mr. Shortsleeve said the town might be able to save around$30,000 a year if it
solicits electric companies besides Mass Electric to light up town-owned buildings. Deregulation of the energy
industry through a state law passed in 1997, means the town can seek competitive prices for electricity. The
town is currently paying about 4.7 cents per kilowatt-hour, but the goal would be to reduce that rate by about
half a cent through competitive bidding.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to authorize the Town Manager to work with
Bay State Consultants and bring back a proposal showing exactly what the town stands to gain from the street
light conversion; vote approved 5-0.
Mark Rees stated that Mr. Shortsleeve is willing to do some of the work on a contingency basis, where his fee
will come from the savings the town generates.
Board of Selectmen Minutes July 15, 2002 Page 5
TOWN MANAGER'S REPORT:
Carter Hill Property $250,000 Self-Help Grant. The Town has received official notice of receiving the
$250,000 self help grant for the Carter Hill property. The state has granted the Town an extension to submit
some additional required documentation related to the Half Mile Hill property after which the Town
Director of Athletics, Jack Stephenson. Jack Stephenson sent a letter expressing his gratification to the
Department of Public Works and Mr. Ken Wedge and his crew for their work on maintaining athletic fields for
use by the schools. Rosemary Smedile stated she would like the Town Manager to send the DPW and Mr.
Wedge a letter acknowledging their efforts.
Next Board of Selectman Meeting. The next Board of Selectman meeting is August 12, 2002.
Auditing of Community Policing Funds. The Town Manager received a letter today from the Federal
Government that the audit of the Community Policing Funds was completed and very positive remarks
regarding the paper work and community policing. Rosemary Smedile stated she would like the Town Manager
to send the Police Department a letter acknowledging their efforts.
ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by James Xenakis,to adjourn the meeting
at 9:30 PM; vote approved 5-0.
Kathleen O'Neill
Administrative Secretary James M. Xenakis, Clerk of the Board