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HomeMy WebLinkAbout2003-06-16 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 16, 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; Donald B. Stewart; Mark J.T. Caggiano; Wendy Wakeman; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. James Xenakis was absent. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into Executive Session to discuss pending litigation on Rocket Entertainment and Campion Hall. The Board would return to Open Session at 7:30 PM. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Director of Finance &Administration. The Town Manager has appointed Joyce Hanlon to the position of Director of Finance &Administration. Ms. Hanlon was highly recommended by Jack Watkins, Chairman Of The Finance Committee, Raymond Santilli, Assistant Manager, and Selectmen Xenakis, Wakeman and Smedile. Ms. Hanlon's starting date is July 7, 2003. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to confirm the acceptance of the appointment. Vote approved 4-0. Stevens Pond. The Town Manager announced that residents could purchase season permits/stickers for Stevens Pond at the Youth Center on Johnson Street from 9:30 AM—4:00 PM Monday through Friday. Stickers are also available at Stevens Pond; opening day is June 18, 2003. PUBLIC HEARINGS: Kathy Fraser representative of Verizon, requested the approval of the following petition: Plan —869, Chickering Road, placing approximately 142 of underground conduit and Massachusetts Avenue, placing 75 feet of underground conduit. After discussion, suggestions were made to inform other utility companies when doing work underground to avoid digging up the street repeatedly. The Town Manager would meet with the utility companies and would report back to the Board regarding this matter. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request from Verizon. Vote approved 3-1. Wendy Wakeman opposed. LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into licensing. Vote approved 4-0. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses. Vote approved 4-0. Stevens Estate, 723 Osgood Street. Julia Stitson, 723 Osgood Street, requests the following one-day liquor licenses. 1. Angelina Stomboloi Wedding Reception, June 21, 2003, 1:00 PM-7:00 PM, Full Bar License. 2. Christine Williams Wedding Reception, June 28, 2003, 5:30 PM-12:30 AM, Full Bar License. Merrimack College, 315 Turnpike Street. Merrimack College requests a one-day license for Beer and Wine for company employee outing sponsored by Wyeth BioPharma of Andover on July 11, 2003, 1:00 PM-4:00 PM. Board of Selectmen Minutes June 16, 2003 2 Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 4-0. CONSENT ITEMS: Korean War 50 Anniversary. Edward Mitchell, Director of Veterans Services request permission to hold a ceremony in Patriots Memorial Park observing the 50th Anniversary of the Korean War Armistice Day on Sunday, July 27, 2003, between 11:30 AM — 12:15 PM. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to grant request for ceremony in Patriots Memorial Park on Sunday, July 27, 2003. Vote approved 4-0. OLD BUSINESS: North East Solid Waste Committee (NESWC) —Post 2005 Service Agreement. The Town Manager requested the Board to vote and give him authorization to sign a post 2005 disposal service agreement with Wheelabrator, North Andover to provide for trash disposal services after the current NESWC service agreement expires in September of 2005 for the period from September 28, 2005 to June 30, 2010. This agreement provides for a set per ton tipping fee starting at $64/ton at the commencement of the contract and ending at $73/ton at its conclusion. There is no minimum tonnage associated with this agreement. Special Counsel Ken Kimmell reviewed the agreement, he is of the opinion that the agreement"contains no unusual or hidden risks and that it represents a major improvement over the existing agreement and the Solid Waste Advisory Committee is also recommending approval. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to authorize the Town Manager to sign the Post 2005 Service Agreement with NESWC. Vote approved 3-1. Donald Stewart opposed. NEW BUSINESS: Borrowing Authorization. The Town Manager asked the Board to approve and authorize the issuance of debt in a total amount of $17,597,00. Mark Caggiano made a MOTION, seconded by Donald Stewart, to appoint Wendy Wakeman as Acting Clerk for the Board in James Xenakis absence. Vote approved 4-0. Wendy Wakeman read the following: I, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts, certify that at a meeting of the board held June 16, 2003, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the board in my custody: Voted: that the Acting Treasurer is authorized to provide for the sale and issuance of refunding bonds in the aggregate principal amount of$2,490,000 under Section 21A of Chapter 44 of the General Laws in order to refund the principal of and redemption premium and interest on the Town's Municipal Purpose Loan of 1995 Bonds dated June 15, 1995, and maturing June 15 in the years 2006 through 2015 in the aggregate principal amount of$2,240,000, and to pay costs of issuance related thereto; and that the Acting Treasurer is further authorized to execute such documents and certificates as may be necessary or desirable to carry out this transaction, including a refunding escrow agreement with a bank or trust company and any documents or certificates relating thereto. Further Voted: that the sale of the $6,899,000 Municipal Purpose Loan of 2003 Bonds, Series A (the "Series A Bonds") of the Town dated June 15, 2003, to Fidelity Capital Markets at the price of$6,956,673.04 and accrued interest is hereby confirmed. The Series A Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at the respective rates, as follows, subject to earlier redemption at the option of the Town as provided in the Preliminary Official Statement dated June 2, 2003: Further Voted: that the sale of the $2,490,000 Refunding Bonds, Series B (the "Series B Bonds") of the Town dated June 15, 2003, to Fidelity Capital Markets at the price of$2,508,263.00 and accrued interest is hereby confirmed. The Series B Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at the respective rates, as follows, subject to earlier redemption at the option of the Town as provided in the Preliminary Official Statement dated June 2, 2003: Board of Selectmen Minutes June 16, 2003 3 Further Voted: to approve the sale of a $8,208,000 1.25 percent Bond Anticipation Note of the Town dated June 26, 2003, and payable October 10, 2003, to Eastern Bank at par and accrued interest plus a premium of$8,485.95. 1 further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the bonds or note were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L. c.39, s.23B as amended. Dated: June 16, 2003 Wendy D. Wakeman, Acting Clerk of the Board of Selectmen Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve and authorize the issuance of debt in a total amount of$17,597,000. Vote approved 4-0. FY04 Water&Sewer Rates. The Town Manager reviewed preliminary information on possible FY04 Water and Sewer rates using two possible rate models. The first rate model incorporates the assumptions that were made when preparing the budgets for Town Meeting. This model would result in a large increase in utility rates. The second rate model incorporates the actual GLSD assessment that was issued after Town Meeting and the use of projected surplus (retained earnings) funds to mitiYate the rates. This rate may change between now and the board's Public Hearing scheduled for June 30t based on forthcoming additional data. The Town Manager said that water and sewer use affects the money generated, and surplus left over. Thus, the rates are set, based on a projection of what the use will be, but this is a difficult task, and there are many compounding variables. The Town tries to leave 10 percent in surplus funds for future water shortages. Selectmen asked that the Town Manager provide them with more information about the reasoning behind increasing the base rate more than usage rates and historic statistics as to usage in a non-drought year. He said he would provide the information at the Public Hearing scheduled for June 30tH Massachusetts Historical Grant Application. Community Development Director Heidi Griffin, at the request of the Steven's Estate Board of Trustees is seeking permission from the Board to apply for funding through the Massachusetts Preservation Program available through the Massachusetts Historical Commission. This would authorize the Town Manager to execute a contract, enter into contracts for project work, sign preservation restrictions, and disburse funds or designate appropriate persons to do so to improve the entrance to the Stevens Estate. The grant application and its related work proposes construction and renovation of the porte cochere, including site preparation, demolition, earthwork, walls, steps, walks and paving, and associated plantings. The estimate for the work listed above is approximately$80,000. The grant program is a 50% matching program so the Trustees will be allocating $40,000 to pay for these improvements if the grant is received. All of these improvements are in accordance with the Rehabilitation Master Plan completed by a historic landscape architect for the Stevens Estate. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request to apply for grant funding through the Massachusetts Preservation Program available through the Massachusetts Historical Commission and to authorize the Town Manager to execute a contact, enter into contracts for project work, sign preservation restrictions, and disburse funds or designate appropriate persons to do so. Vote approved 4-0. Stevens Estate AT&T Wireless Sublease. The wireless communication facility soon to be constructed at the Steven's Estate has two users; Sprint Communications for which the Town had previously entered into a lease agreement and AT&T Wireless which will be the second user. The Board is requested to authorize the Town Manager to sign a sublease that will allow AT&T Wireless use of the facility. Board of Selectmen Minutes June 16, 2003 4 Donald Stewart made a MOTION, seconded by Wendy Wakeman, to authorize the Town Manager to sign a sublease with AT&T for use of the facility. Vote approved 4-0. TOWN MANAGER'S REPORT: As the Town's representative to the North Andover/Boxford Veterans District, the district recently voted to reappoint Edward V. Mitchell to the position of District Director of Veterans Services for an additional term of three years ending on June 30, 2006. The Town Manager appointed Town Planner J. Justin Woods to be the Town's representative to the Merrimack Valley Regional Transit Association. DPW Director Bill Hmurciak continues to combat an infestation of potentially deadly insects on the Hemlock trees in the town commons. The Town Manager asked the Board to accept a $1,500 donation from Town resident Elaine Weiner toward saving the Hemlock trees. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to accept a $1,500 donation from Elaine Weiner toward saving the Hemlock trees in the town commons. Vote approved 4-0. An informational meeting will be held with residents and businesses living in the area of the old center common to discuss the underground utilities project in their neighborhood on June 17,2003, starting at 7:00 P.M. at the Senior Center. On June 11, 2003, the Town Manager contacted Senator Tarr and Baddour's offices to express concerns that the Senate's municipal relief package did not include provisions for addressing employee health insurance or the Quinn Bill reductions. On Tuesday, June 10, 2003, Town Accountant Lyne Savage and the Town Manager attended a meeting of the State's Emergency Finance Board to receive the necessary approvals to finance certain capital projects. On Thursday, June 12, 2003, the Town Manager participated in two meetings regarding the proposed retail development on Rte. 114 across from the Eagle Tribune, one was a state environmental review and the other was the town's technical review committee. Recreation Director Bill McEvoy has done an admirable job in soliciting donations to allow for the continuation of summer programs (both children's and adult) on the Town Commons. Similarly, Fire Chief Dolan was successful in his efforts to raise funds to allow for the town to continue receiving services from the Trauma Intervention Program. The Police and Fire Departments have submitted applications for Federal Security grants. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:15 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board