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HomeMy WebLinkAbout2003-06-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 30, 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: James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session to discuss pending litigation on Campion Hall and Rocket Entertainment. The Board would return to Open Session at approximately 7:30 PM. The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session. Wendy Wakeman yes, Donald Stewart yes, Mark Caggiano yes, James Xenakis yes, Rosemary Smedile yes, Vote 5-0. APPROVAL OF MINUTES: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the minutes of June 3, 2003, Open and Executive Session. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the minutes of June 16, 2003, Open and Executive Session. Vote approved 4-0. James Xenakis abstained. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to take out of order Consent Items. Vote approved 5-0. CONSENT ITEMS: Rev. Paul T. Keyes, St. Michael Church Picnic. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request by Rev. Paul T. Keyes of St. Michael parish to hold parish services and picnic on the Town Common on Sunday, September 14, 2003, between the hours of 7: 00 AM and 5:00 PM. Vote approved 5-0. Art Laro, North Andover Lions Club Circus. James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the request by Art Laro of the Lion Club to sponsor a Circus at the Middle School on August 12 & 13, 2003, two shows nightly at 5:00 and 7:30 PM. Vote approved 5-0. Donations for Saving the Hemlock Trees on Town Common. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to accept a donation of$1,000. from Harold Dushame, resident and volunteer at Town Hall and a donation of$2,000. from the North Andover Improvement Society toward saving the Hemlock trees in the town common. North Andover Booster's Club. Donald Stewart made a MOTION, seconded by James Xenakis, to permit the request by Timothy A. Pybus, President of the North Andover Booster Club to attach a brass plaque on the concession stand at the Carl Thomas Playground to recognize Kevin Lee, who served the youth of North Andover for many years. Vote approved 5-0. Libby Brakeley Memorial Road Race. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the request by Karen Nichols, chairman of the Libby Brakeley Committee, to hold the road race on town roads and use of the town common on September 21, 2003, between the hours of 9:30 AM and 3:30 PM. Vote approved 5-0. Board of Selectmen Minutes June 30, 2003 2 COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: APPOINTMENTS BY THE BOARD OF SELECTMEN: Wendy Wakeman made a MOTION, seconded by James Xenakis, 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 Schmid* Randy 3 Year Commission on Disability Issues Murphy* Nancy D. 3 Year G.L.S.D. Board of Commissioners Degnan* Leonard J. 3 Year Solid Waste Advisory Committee Parrill* Joanne School Liaison Youth Services Board of Directors Crouch* Carrie M. 3 Year Zoning Board of Appeals McIntyre* Ellen 1 Year Zoning Board of Appeals Smith* Joe Edward 1 Year Zoning Board of Appeals Ford*** Robert P. extended current term Zoning Board of Appeals Early*** George extended current term *New Appointments **Request to Increase Committee Membership by 1 member to add a School Liaison ***Request the appointments be extended until several current issues before the Board are decided. Committee Members Not Interested in Re-Appointment, 7/1/03. Committee Last Name First Name Term Cable TV Rauscher Vincent 3 Year Commission on Disability Issues Vazza-Scott Cheryl 3 Year Community Preservation Committee Barrett William 3 Year G.L.S.D. Board of Commissioners Mitchell Brian 3 Year Recreation Council Blackstock William 3 Year Youth Services Board of Directors Price Terry 3 Year Youth Services Board of Directors Markins John F. 3 Year Youth Services Board of Directors Murphy Cathleen 3 Year Zoning Board of Appeals Ford* Robert P. 3 Year Zoning Board of Appeals Early George 3 Year *ZBA Chairman requests appointments are extended until current issues before the ZBA are decided. Resignations. Committee Last Name First Name Term Resigned Commission of Disability Issues Bradburn David 2005 Notified by Comm. Chm. Youth Services Board of Directors Valentino Vincent 2004 02/03/03 Zoning Board of Appeals Karpinski Scott 2004 05/29/03 Town Manager Appointments to Boards and Committees. Committee Last Name First Name Term Appointment Expired Assessors, Board of Minicucci David J. 1 Year June 30, 2004 Assessors, Board of Jones Ernest 1 Year June 30, 2004 Assessors, Board of Barker George 1 Year June 30, 2004 Industrial Development Finance Schruender George 5 Year June 30, 2002 Planning Board Simons John 3 Year June 30, 2006 Planning Board Nardella Richard 3 Year June 30, 2003 Board of Health Foley Kevin 3 Year June 30, 2007 Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the Town Manager's recommended appointments. Discussion Board of Selectmen Minutes June 30, 2003 3 Selectman Donald Stewart said that he had nothing against Kevin Foley, but not reappointing Dr. MacMillan to the Board of Health was a misuse of power and there was no doubt in his mind that this decision was between a trash transfer station and a strip club. He felt ashamed of what was going on and wanted no part of it. Selectman Mark Caggiano expressed his misgivings regarding the process of the appointment to the Board of Health and the decision not to reappoint Dr. MacMillan. Selectman Wakeman disagreed that politics were in the works over the appointment. She said that the board was facing what's probably the most crucial issue of our terms as selectmen and what will affect the future of our town. She said that Dr. MacMillan did a fine job and served the town extremely well and professionally in the past 15 years. Her issue is that the town needs to enter into this particular time with a clean slate and the particular portion of the debate under the Board of Health with the members that do not have the lengthy contentious history with the family that owns the land of Holt Road. Selectmen Wakeman said that the person the town manager has chosen Kevin Foley for this position has served this town on many boards as well as the board of selectmen and that he would bring to this a fresh perspective for the good of North Andover that is why she highly endorsed Kevin Foley. Selectman Smedile said that Kevin Foley is his own man and make the right decisions and was picked for the legal expertise and stark objectivity he would bring to the many complicated issues the board of health would face in the coming years. She added that Foley would sit down and thoroughly and objectively weigh the evidence presented to him, if and when the time is right. Selectman Xenakis asked for an explanation as to why Dr. MacMillan was not being re-appointed. He thought the town could benefit from Dr. MacMillan's past experience with this issue. He insisted on talking about Dr. MacMillan and the issues that surrounded this reappointment. Residents Karen Good of Brightwood Avenue and Joan Kulash of Bradstreet Road argued against the decision to oust Dr. MacMillan at this time. Also Bea Fink said that Kevin Foley never attended Board of Health meetings and felt he was an inappropriate replacement. Selectman Wakeman repeatedly said she did not want to make the meeting into a "critique of Dr. MacMillan's tenure." She said listing MacMillan's faults would only be a disservice to the good work he did for the town over 15 years. Kevin Foley who had been watching the meeting on television at home, came down to the library to clear up some misstatements about his record. He said that he had probably attended more Board of Health meetings than anyone in the room, with the exception of the health board members. He was very involved in the 1997 decision and actually testified about the truck traffic that would be created by the transfer station. He also made the presentation to the health board for the location of the adult-entertainment zone on Holt Road as a member of the Board of Selectmen in 1996. The zone was specifically placed to keep it out of the downtown area and away from the schools. He thought that he was in a unique position, and that his candidacy might be helpful to the town, so he offered his assistance. Politics is what makes government work. Jonathan Markey a member of the Board of Health said he thought there would be a problem with getting vaccines because Dr. MacMillan signed for administration of medical procedures. He also asked if the Town could have a five-member board. Selectman Smedile said that would require a charter change. The Town Manager, Mark Rees said the law allows the health board to appoint a doctor if necessary for signing vaccinations and consulting on medical issues. Mark Caggiano WITHDREW his second to the MOTION on the table. Mark Caggiano made a MOTION, seconded by James Xenakis, that the board accepts the Town Manager's re- appointments separately, that all appointments with the exception of the Board of Health be agreed upon and voted. Vote approved 3-2, Wendy Wakeman and Rosemary Smedile opposed. Board of Selectmen Minutes June 30, 2003 4 James Xenakis made a MOTION, to accept all the Town Manager's appointments except the Board of Health appointment of Kevin Foley. Vote 3-2, Wendy Wakeman and Rosemary Smedile opposed. Mark Caggiano made a MOTION, to TABLE the reappointment to the Board of Health at this meeting. MOTION failed for lack of a second. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to appoint Kevin Foley to the Board of Health. Vote approved 2-1-2. James Xenakis opposed. Donald Stewart and Mark Caggiano abstained. Public Comment Continued: A resident asked about the profitability of the Stevens Estate and commented that the pipe organ at the Estate is very valuable and there are only five left in the world. Fire Chief William Dolan spoke on behalf of and as a member of the Festival Committee regarding a news article that was a mistake. He said Grace Rubenstein of the Tribune stated that funds were being transferred from the Fire Department to fund the 4th of July fireworks display. Dolan wanted to clarify this article stating that as a member of the Festival Committee, he has the authority to transfer funds in Festival Committee accounts to cover the costs for the Fireworks displays. William Dolan also stated that Sam Pino, carnival owner would sponsor a fireworks display on July 5th and that no public funds would be used toward this event. Selectman Wakeman commended William Dolan for his dedication, and for his efforts in raising the funds so that North Andover could celebrate the 4th of July with Fireworks. Dennis Card commented on the importance of selectmen voting on crucial issues. He wants to know where the selectmen stand on an issue, either voting yes or no rather than abstaining. This gives the people a clear message on how their elected officials vote on important issues facing the Town. PUBLIC HEARINGS: Robert E. Grama representative of Verizon New England requested the approval of the following petition: Plan —870, Bradford Street, place approximately 80 feet of underground conduit. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the request from Verizon New England, Inc. Vote approved 5-0. David Bouchard representative of Massachusetts Electric Company requested the approval of the following petitions: Plan —C53/469, Bradford Street, to install 2-3" conduits and primary electric cable to provide electric service to Carter Farm Road. Plan —B53/468, Bradford Street, to install Five (5) poles and two (2) anchors with overhead wire to provide electric service to Carter Farm Road. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the requests from Massachusetts Electric Company. Vote approved 5-0. Note: There was a five-minute recess. Water and Sewer Rates FY-04. The Town Manager opened the public hearing for water and sewer rates. He provided the following four options with information for discussion regarding rates for fiscal year 2004. Option (1A) Combined Rate % Difference Water Rate Sewer Rate 20 ccf/quarter $160.22 36.3% $2.72 $4.92 30 ccf/quarter $250.32 44.4% $4.28 $6.94 Board of Selectmen Minutes June 30, 2003 5 Alternative Rate Structure 2A (Retains reserves at 10%, changes GLSD charge) Option (2A) Combined Rate % Difference Water Rate Sewer Rate 20 ccf/quarter $124.82 6.2% $2.28 $3.59 30 ccf/quarter $183.52 5.9% $3.67 $5.07 Alternative Rate Structure 2B (Retains reserves at 10% Sewer Projection Adjustment) Option (2A) Combined Rate % Difference Water Rate Sewer Rate 20 ccf/quarter $128.42 9.2% $2.28 $3.77 30 ccf/quarter $188.92 9.0% $3.67 $5.33 Alternative Rate Structure 2C (Retains reserves at 20% of Operation Budget/Sewer Projection Adjustment) Option (2A) Combined Rate % Difference Water Rate Sewer Rate 20 ccf/quarter $143.42 22.0% $2.58 $4.22 30 ccf/quarter $211.42 21.9% $4.10 $5.96 The Town Manager's first recommendation is Rate Structure 2C and the second recommendation is Rate Structure 2B. The Town Manager said keeping a reserve is essential because the amount of water used by residents varies from year to year. After discussion among board members and residents, James Xenakis made a MOTION, seconded by Mark Caggiano, to adopt the Rate Structure 2B. This option retains a 10% reserve in the water fund of$845,000 and a 10% reserve in the sewer fund of$658,707 to offset costs for the coming year. Vote approved 4-1, Donald Stewart opposed. Amendments to Entertainment License Rules and Regulations. Town Counsel, Thomas Urbelis gave an overview of changes made to the rules and regulations for Adult Entertainment Licenses. The Town of North Andover has hired an expert attorney in the field, Scott D. Bergthold, a well-known attorney that does this type of work nationally. Attorney Urbelis explained suggested changes made in establishment layout, lighting, transfer of license, security, safety issues, etc. Selectman Caggiano said the board should discuss the changes rather than adopt any made at this point. He said that this document still had to be fine-tuned. Caggiano said that he was startled by the friendliness of this document and of a 15-day turnaround. He also said that there are many people who would like to participate in the discussion and the ultimate adoption of the most comprehensive rules and regulations that we can collectively put together for this type of business. We as a Town can be a little more demanding of this business and the establishment layout, stating that he could not get a building permit based on a sketch, and in no way would he allow an adult entertainment establishment to be built on this premise, plans would have to be submitted by an architect with the exact full layout of the building. He encouraged the public's comments regarding this document and suggested further discussion on these rules and regulations. Selectman Wakeman echoed Selectman Caggiano's comments that we need as much input as we can on this issue. The board has literally screamed about how ridiculous and light these regulations seem to be and how little the town can actually do to change them. But ourjob as the Town's government is protect people's civil rights and cannot infringe on their civil rights by making up onerous regulations. After a question and answer session from concerned residents, James Xenakis made a MOTION, seconded by Wendy Wakeman, to hold a Public Hearing on the redrafting of Rules and Regulations for Adult Entertainment at their next meeting on July 28, 2003. Vote 5-0. Amendment to Liquor License Rules and Regulations. At the request of Selectman Mark Caggiano, Town Counsel Thomas Urbelis made additional changes regarding a clause not to allow a nominee trust within the North Andover Liquor License Rules and Regulations. An amendment with changes was made so that a change or transfer of a liquor license could not be made without the knowledge of the Town. Board of Selectmen Minutes June 30, 2003 6 The Board of Selectmen, acting as the North Andover Licensing Commissioners, was asked to adopt this amendment change in the Liquor License Rules and Regulations. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to adopt the amendment to the Liquor License Rules and Regulations. Vote approved 5-0. LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by James Xenakis to move into Licensing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the request from Bertucci's Restaurant Corporation to change officers and directors. Vote approved 5-0. James Xenakis made a MOTION, seconded by Wendy Wakeman, to move out of Licensing. Vote approved 5-0. NEW BUSINESS: Board Reorganization. Selectman Xenakis Clerk of the Board announced that there were three appointments to be made on the Board, a chairman, a clerk, and license chairman. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Donald Stewart as Licensing Chairman of the Board of Selectmen. Vote approved 5-0. James Xenakis made a MOTION, seconded by Wendy Wakeman, to appoint Rosemary Connelly Smedile as Clerk of the Board of Selectmen. Vote approved 5-0. James Xenakis made a MOTION, seconded by Mark Caggiano, to appoint Wendy Wakeman as Chairman of the Board of Selectmen. Vote approved 5-0. Selectman Wakeman presented and read a proclamation to Rosemary Connelly Smedile for serving two years as Chairman for the Board. The proclamation reads as follows: Whereas, Rosemary Connelly Smedile was elected to the North Andover Board of Selectman on March 6, 2001; Whereas, the forces of nature worked to make the election of Rosemary Connelly Smedile an unusually dramatic event; Whereas, Rosemary Connelly Smedile was selected by the North Andover Board of Selectmen to serve as its chairman in 2001; Whereas, economic and political forces conspired to make the term as chairman for Rosemary Connelly Smedile one of the most challenging eras the Town of North Andover has faced; Whereas, Rosemary Connelly Smedile employed formidable skill in leading the Board of Selectman, including but not limited to financial acumen, political know-how, interpersonal diplomacy, infallibly good humor, and will of iron; Whereas, Rosemary Connelly Smedile applies passion and persistence to her core concerns of quality public education, adequate public safety, and an ever-improving business climate; Whereas, the Town of North Andover has thrived under the leadership of Rosemary Connelly Smedile, preserving essential services in the face of fiscal crisis; Whereas, the Town of North Andover has, in the face of that crisis, indeed progressed under the leadership of Rosemary Connelly Smedile, enjoying an increasing bond rating and embarking upon an ambitious capital improvement plan, including the much-needed and long-delayed renovation of its historic Town Hall; Therefore be it resolved, that on this day of June 30, 2003, the North Andover Board of Selectmen recognizes Rosemary Connelly Smedile for dedicated services and further offers her thanks on behalf of a grateful town. TOWN MANAGER'S REPORT: The Town Manager gave an update regarding the moving schedule and the proposed closing of town hall from July 9th to July 11th. There will be a Press Release with notification to the public and information about the relocation of Town Hall at the temporary location at 400 Osgood Street. Board of Selectmen Minutes June 30, 2003 7 The Town recently completed a bidding process for the insurance coverage's. Recommendations are that the workers compensation coverage be awarded to the McCarthy Companies and award the property/casualty coverage to the Massachusetts Inter-local Insurance Association (MIIA). Assistant Town Manager Ray Santilli is seeking input from the Board members regarding the selection process for the open police sergeant's position. Police Chief Richard Stanley announced that Communications Director Richard Boettcher has recently been appointed as chairman to the prestigious Best Practices for 9-1-1 Communications Centers Task Force of the Association of Public Safety Communications Officers. Upon the recommendation of the Steven's Estate Trustees, Sue Ellen Holmes, Library Director, Heidi Griffin, Director of Community Development and Services, and the Town Manager have appointed Mr. Tom Madden to fill the vacancy for Library Assistant Director. At the Town Manager's request, the Police Department has written the memorandum regarding the effectiveness of our recently implemented Trash Truck Route regulations. Veteran's Service Director Ed Mitchell is inviting the Board's participation in ceremonies surrounding the 50th Anniversary of the Korean War Armistice to be held on Sunday, July 27, 2003. The League of Women Voters has started a series of cable TV shows interviewing public officials. They interviewed the Town Manager and the Assistant Town Manager and eventually want to interview other public officials as well as Department heads in the upcoming weeks. On a negative note, the Governor just signed the state budget with an additional cut to the lottery distribution to the town of$250,000. The Town Manager's recommendation at this point is to keep this on file with other possible budget changes and review it in a month. The Fire Department and the Police Department have applied for help in securing Homeland Security Grants. The Fire Department Essex County Fire Chief's Association was successful in getting $460,00 to update systems in the region. The North Eastern Massachusetts Law Enforcement Council (NEMLEC) received $1.5 million dollars to provide equipment in other related expenses associated with Homeland Security. The Fire Department also applied in conjunction with the city of Haverhill for a Medical Reserve Corporation Grant for$150,000., which North Andover will be a participant. The Town Manager has been informally polled board members regarding the change of the board's next meeting date from July 21St to July 28tH. Consensus appeared to be that the change was acceptable to the members, so the Town Manager officially made the announcement at the board's meeting on June 30tH Rosemary Smedile made a MOTION, seconded by Mark Caggiano to officially change the Board's meeting from July 21, to July 28. Vote approved 5-0. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Mark Caggiano to adjourn the meeting at 10:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board