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HomeMy WebLinkAbout2003-07-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 28, 2003 CALL TO ORDER: Chairman Wendy D.Wakeman called the meeting to order at 7:00 PM at Stevens Memorial Library. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager; Thomas Urbelis, Town Counsel. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Donald Stewart, to approve the minutes of June 30, 2003, Open and Executive Session, and July 14, 2003, Open Session. Mark Caggiano said that there was no reference in the June 30, minutes to his objection of the appointment to the Board of Health. James Xenakis withdrew his MOTION until further clarification of the minutes. Chairman Wakeman asked that Selectman Caggiano work with the secretary to clarify the minutes of June 30, Open Session. James Xenakis AMENDED the MOTION, seconded by Donald Stewart, to approve the Executive Session minutes of June 30, 2003 and Open Session of July 14, 2003. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Promotion to Police Sergeant— Diane Heffernan. Diane Heffernan was officially promoted and appointed to Police Sergeant. Sergeant Heffernan recited the oath of office and was sworn in by the Town Clerk, Joyce Bradshaw. She was pinned by her daughter. Appointment to Airport Noise Advisory Committee— Dennis Card. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Dennis Card as the Town's representative to the Airport Noise Advisory Committee. Vote 5-0. Appointment to Emergency Management Agency— Robert T. Scanlon. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Robert Scanlon to the Emergency Agency. Vote approved 5-0. Chairman Wakeman congratulated Veterans Agent Edward Mitchell for his efforts coordinating a ceremony and Commemoration of the 50 Anniversary of the Korean War on Sunday, July 27, 2003. Chairman Wakeman announced the Board of Selectmen would hold a Public Hearing on the Amendments to the Adult Entertainment Licenses on Tuesday, July 29, 2003, at the Senior Center at 7:00 PM. Selectman Stewart made a MOTION, seconded by Rosemary Smedile, to congratulate all the Town Hall employees for an outstanding job in moving Town Hall with special thanks to Assistant Town Manager Ray Santilli for coordinating the move and to Building Commissioner Bob Nicetta for directing the set up on the new building at 400 Osgood Street. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 5-0. Stevens Estate, 723 Osgood Street—One-Day Liquor Licenses. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses. Vote approved 5-0. 1. Rita Cosgrove Birthday Party, Aug. 3, 2003, 1:00-6:00 PM, Full Bar License. Board of Selectmen Minutes July 28, 2003 2 2. Sarah Delcort Wedding Reception, Aug. 16, 2003, 5:00—11:00 PM, Full Bar License. 3. Donna Luciano, Freudenberg Systems Outing, Aug. 21, 2003, 4:30-9:30 PM, Full Bar License. 4. Nicole Auitahl Wedding Reception, Aug. 23, 2003, 4:00-10:00 PM, Full Bar License. Wendy Wakeman made a MOTION, seconded by James Xenakis, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Negotiations with Thomson Family. Chairman Wakeman explained that these negotiations began as a way to settle a lawsuit that was lodged against the Town by Rocket Entertainment, for denial of an adult entertainment business. These negotiations were held in executive session pursuant to the Open Meeting Law provision. It was the consensus of the board members to bring this into open session. Selectmen Smedile and Caggiano were authorized by the board to work with the Town Manager and Town Counsel on negotiations. Ten days ago Selectman Caggiano said that he was no longer willing to work on those negotiations, which leaves the board with a vacancy that needs to be filled. Rosemary Smedile made a MOTION, to appoint James Xenakis to fill the vacancy to continue working on the ongoing negotiations. Chairman Wakeman passed the gavel to Selectman Caggiano to SECOND the MOTION. Vote failed 2-3. Opposed Donald Stewart, Mark Caggiano and James Xenakis. Rosemary Smedile made a MOTION, for the Board of Selectmen to continue the negotiations with the Thomson family. Motion FAILED for lack of a SECOND. Mark Caggiano made a MOTION, seconded by James Xenakis, for representatives of the town of North Andover to cease all negotiations with the Thomson family regarding the settlement of the lawsuit filed by Rocket Entertainment against the Town of North Andover. Mark Caggiano restated his MOTION, seconded by James Xenakis, that further settlement negotiations of a lawsuit by Rocket Entertainment against the Town of North Andover should cease and all representatives of the Town of North Andover should be instructed to discontinue discussions with the Thomson family. Vote approved 3-2. Opposed Wendy Wakeman and Rosemary Smedile. Dicussion Mark Caggiano made reference to the Thomsons' record in Salem, MA. in June 2002, that a transfer station they run was cited and fined $18,700 last year by state authorities for violations including storage of waste materials outside the facility and poor management of the composting operation. Rosemary Smedile said springing new information upon the board, such as the allegations against the Thomsons' business practices, without giving them an opportunity to research the information on their own was inappropriate. Smedile said when board members bring in articles from newspapers to determine their vote, it sets a terrible precedent and example for all of our boards. Rosemary Smedile said she contacted the Mayor, City Councilor and the DEP of Salem, MA, who said the Thomson's operation, was operating fine. She also noted that the city of Salem recently awarded the Thomsons a five-year addition and a five-year renewal to their contract. She added, to compare the Salem facility to what is proposed here is wrong. The information was misleading without any context. At the request of Rosemary Smedile, the Town Manager Mark Rees contacted the Salem DPW who said the transfer station operated without major problems for the last year. Chairman Wakeman suggested that if Selectman Caggiano had continued to negotiate on the subcommittee, he could have made his point and views known within the document. Wakeman said that she was disappointed that he decided to take his particular point of view away from the table and would have made it much better for the Town of North Andover in negotiations. Mark Caggiano said the reason he stepped down from negotiations was because this document would have stripped the Town of a key justification for denying a transfer station proposal. Under state regulations, a trash Board of Selectmen Minutes July 28, 2003 3 facility may locate in an overburdened town if it fills a local need for waste disposal. He for one did not wish that to happen. He said that based on their past record, the Thomsons could not be trusted to honor the conditions of the host community agreement being drafted between the family and the Town. Xenakis said that the Thomson family has given the Town two options. One was successfully defeated back in 1997 for many reasons. If the Thomsons want to resubmit an application for a trash transfer station correcting those reasons, they are welcomed to do so at any time. This board has also taken a unanimous vote saying that the board will not prejudice their application and will not give them any special treatment and can expect fair and objective treatment from this board. Donald Stewart said the key is-the Thomson family has not yet filed an application for a trash transfer facility, therefore, there was no need for the board to negotiate anything. If an application is filed, he would be more than happy to talk to them. Chairman Wakeman opened the meeting to public comment on this discussion. Several residents expressed concerns of bringing more trash into a town that is already overburden with waste facilities including the Wheelabrator regional trash incinerator and the GLSD sewage treatment plant. Other residents pleaded with the board to continue negotiations for the trash transfer station to avoid the building of the largest strip club in the Northeast. Many residents stated facts and findings of secondary effects of health hazards and crime of these kinds of facilities. Residents stated that the Thomson family has successfully divided the town and the town officials. After an intense discussion among selectmen about releasing the negotiation document to the public, Chairman Wakeman brought the room back to order and asked for a vote on the MOTION at hand. Note: Five Minute Recess Town Hall Renovation Update. The Town Manager informed the board that the bids were recently received for the general contractor work and they were less then estimated thus providing the Town with a reasonable contingency moving forward. Assuming all proceeds as planned, construction would commence by August 3, 2003, with completion in approximately a year. A groundbreaking ceremony would take place on Friday, August 1, 2003 at 10:00 AM and the public is invited. FY04 State Aid Update. The Town Manager provided an informational update on the FY04 State Aid Cherry Sheets. At this point in time there was a deficit of($304,300). Once the town received final determinations of our FY03 Free Cash and new growth numbers, which are expected in September or October, the Town would be in a better position to determine how to address this shortfall. NEW BUSINESS: Boards and Committees Appointment Process. Chairman Wakeman asked the board to consider changing the appointment sub-committee from Rosemary Smedile and Wendy Wakeman to Rosemary Smedile and James Xenakis to better facilitate the important work ahead. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to appoint James Xenakis and Rosemary Smedile to the appointment sub-committee. Vote 5-0. Selectman Caggiano asked the board to discuss the following items: 1. The Town Charter should be amended so that at least one member of the Board of Health be a physician. 2. The Town Charter should be amended so the power to appoint, and to reappoint, members of the Board of Health should be the direct authority of the Board of Selectmen. 3. A special committee should be constituted to review the organization of all town boards. 4. A special committee should also generally review our procedures for appointments to boards. Board of Selectmen Minutes July 28, 2003 4 Mark Caggiano made a MOTION, seconded by Donald Stewart, that a special committee consisting of two members of the Board of Selectmen and the Town Clerk review the appointment process, for all boards that are under the auspice of the Town Manager and the Board of Selectmen, and review the process and the committee report back to the full board in six months. James Xenakis MOVED to AMEND the MOTION seconded by Mark Caggiano, that a special committee consisting of two members of the Board of Selectmen, Town Manager, Town Clerk, and Town Moderator review the appointments process for all boards that are under the auspice of the Town Manager and the Board of Selectmen. To review the process and the subcommittee report back to the full board in six months. Vote approved 3-1-0. Wendy Wakeman Opposed; Donald Stewart Abstained. Mark Caggiano restated his MOTION, with approved AMENDMENTS seconded by James Xenakis. Vote approved 3-2. Selectmen Wakeman and Smedile opposed. Discussion. The Town Manager suggested that the town consider doing a comprehensive review of the Town Charter, not just appointments to boards and commissions. The Town has various options regarding this review process from a formal charter review committee prescribed by state law to an ad-hoc committee appointed by the Board of Selectmen. He also said that if only appointments were to be revisited, they should discuss appointments to administrative positions as well. Resident Mark DiSalvo, 1022 Great Pond Road, urged the board to establish a policy of how to notify, review who's involved and implement that policy as a board regulation and then determine if it's necessary to change the Charter ordinance. He also urged the board to adopt Selectman Caggiano's proposed policy, saying it would restore the public's confidence in the Board of Health and the appointment process, saying it would be a very healing thing. James Xenakis suggested including the Town Manager as a non-voting member of the sub-committee to review appointments. Selectman Smedile would rather see someone like the Town Moderator on the appointment committee. Chairman Wakeman suggested because of so many conflicts that this matter should be at the level of Town Charter review and for the appropriate subcommittee to come back to the board in a couple of weeks and make a formal recommendation. James Xenakis made a MOTION, seconded by Rosemary Smedile, that the appointment subcommittee consist of Selectmen Caggiano and Wakeman. Vote approved 4-1. Selectman Wakeman opposed. Mark Caggiano made a MOTION to adopt a policy that at least one member of the Board of Health be a physician. Motion FAILED for lack of a second. The Town Manager Mark Rees set a deadline date of August 6, 2003 for interested applicants to apply for the Board of Health appointment position. The appointment sub-committee with the Town Manager would review and interview applicants and make recommendations for the appointment. Marketing Brochure for Town. The Department of Community Development and Services with the assistance of the Merrimac Valley Planning Commission is in the process of developing a marketing brochure to be provided to businesses that may wish to locate in North Andover. The brochure would provide a description of the town and strengths as a business friendly community. To offset the costs of this project, the board is requested to approve the mailing of a solicitation letter to North Andover businesses. Board of Selectmen Minutes July 28, 2003 5 James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the mailing of the solicitation letter to North Andover businesses. Vote approved 5-0. TOWN MANAGER'S REPORT: At the June 30, 2003 meeting, the Board of Selectmen reviewed and approved water and sewer rates for FY04. Unfortunately, some of the information regarding average bills was incorrect as average bills were understated and percent (%) increases were overstated. This error only involved comparison information and does not impact the rate calculations or revenue projections that the board based its rate decisions on. Mr. Carl Vissering pointed out these miscalculations and the Town Manager expressed his appreciation for bringing this error to his attention. The Board had previously directed the Town Manager to send a letter to the State Ethics Commission regarding a monthly newsletter published by the North Andover Parent Advisory Council. The State Ethics Commission reviewed the allegations and decided not to take any further action. They stated that private parties should not be using public resources unless that a department head has approved use and the use promotes the department's mandate. The Planning Board recently reorganized with Alberto Angles as Chair, George White as Vice Chair and Felipe Schwartz as clerk. ADJOURNMENT: James Xenakis made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:00 AM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board