HomeMy WebLinkAbout2004-06-14 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 14, 2004
CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the 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.
EXECUTIVE SESSION:
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective
Bargaining. Vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes;
James Xenakis yes; Rosemary Smedile yes; Mark Caggiano yes; and Wendy Wakeman yes. Vote approved 5-0.
NEW BUSINESS:
AAA Sign at Rte. 125 and Orchard Hill Road.
Thomas O'Neil, Vice President of AAA requested permission to erect a sign on a town right of way for their Merrimack
Regional Headquarters. Jack Sullivan, Director of Engineering and Robert Nicetta, Building Commissioner reviewed the
proposed sign location and recommend approval.
James Xenakis made a MOTION, seconded by Mark Caggiano, to grant permission for the AAA Merrimack Regional
Headquarters to erect a sign on a town right of way. Vote approved 5-0.
APPROVAL OF MINUTES:
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the minutes of May 24, 2004 Open
Session as written and Executive Session as written. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Board of Selectmen Appointments.
The Board of Selectmen's sub-committee has recommended the following list of appointments to Boards and
Committees:
Community Preservation Committee Coppa Thomas P. New Appointment 2 years June 30,2006
Community Preservation Committee Coghlan, Esq. Michael E. New Appointment 3 years June 30,2007
Conservation Commission Lynch Joseph Re-Appointment 3 years June 30,2007
Conservation Commission Masse Scott Re-Appointment 3 years June 30,2007
Conservation Commission Mabon John Re-Appointment 3 years June 30,2007
Council on Aging Poirier Elizabeth A. Re-Appointment 3 years June 30,2007
Council on Aging Cassidy James M. Re-Appointment 3 years June 30,2007
Council on Aging Shaheen Margaret V. Re-Appointment 3 years June 30,2007
Council on Aging Callahan William P. New Appointment 3 years June 30,2007
Historical Commission Somers Barbara Re-Appointment 3 years June 30,2007
Historical Commission Ericson Anne Re-Appointment 3 years June 30,2007
Local Arts Council Pearlson Gillian L. Re-Appointment 3 years June 30,2007
Local Arts Council Core Theresa A. Re-Appointment 3 years June 30,2007
Old Center Historic District Commission Szyska Kathleen Re-Appointment 3 years June 30,2007
Old Center Historic District Commission Hopkins Leslie Re-Appointment 3 years June 30,2007
Old Center Historic District Commission Gramly Richard M. Re-Appointment-Alternate 3 years June 30,2007
Board of Selectmen Minutes June 14, 2004 2
Recreation Council Pybus Barbara Re-Appointment 3 years June 30,2007
Recreation Council Ippolito Thomas New Appointment 3 years June 30,2007
Recreation Council Heafey Joan Re-Appointment 3 years June 30,2007
Stevens Estate-Board of Trustees McGarry John Re-Appointment 3 years June 30,2007
Youth Services Board of Directors Shaw, III John F. Re-Appointment 3 years June 30,2007
Youth Services Board of Directors Carol Cathy New Appointment 3 years June 30,2007
Zoning Task Force Marino Joseph A. New Appointment
Zoning Board of Appeals LaGrasse Joseph D. Associate to Full 3 years June 30,2007
Zoning Board of Appeals Byers Richard J. Associate to Full 2 years June 30,2006
Zoning Board of Appeals Manzi, III Albert P. New Associate 2 years June 30,2006
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the recommended appointments by the
sub-committee. Vote approved 5-0.
Public Information Meetings on Lawrence Municipal Airport Master Plan.
Rosemary Smedile announced that the Lawrence Municipal Airport Commission would hold three public information
meetings on the Airport Master Plan Update at the following locations:
Tuesday, June 15, 2004 6:30 PM Nevins Memorial Library, Methuen, MA
Wednesday, June 16, 2004 6:30 PM Lawrence Public Library, Main Branch, Lawrence, MA
Monday, June 28, 2004 6:30 PM Stevens Memorial Library, North Andover, MA
Mrs. Longueil of 926 Forest Street asked about insurance companies giving discounts by 1/2 percent to 1% pertaining to
Open Meeting Law municipality committees and boards.
Mrs. Elizabeth Weber of 90 Lancaster Rd asked for an explanation of the Open Meeting Law.
Town Counsel Thomas Urbelis answered their questions to their satisfaction.
CONSENT ITEMS:
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the request by Tara Holmes of Strongest
Link AIDS Services, Inc. to use Town roads for a fundraiser bike ride on Saturday, September 18, 2004.
Vote approved 5-0.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote 5-0.
Anne Eisenberg, applicant for a private limousine license has requested a continuation of the public hearing scheduled for
June 14, 2004 until the Board's next meeting.
James Xenakis made a MOTOR seconded by Wendy Wakeman, to approve the requested continuation until the next
scheduled Board of Selectmen meeting on July 12, 2004. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote 5-0.
PUBLIC HEARINGS:
Massachusetts Electric Pole Petition - Continued.
Plan #S53/477 on Sutton Street to remove and relocate pole, wires and fixtures.
Massachusetts Electric has settled disputes with the abutters and is now accepting approval from the board.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to approve Plan #S53/477 on Sutton Street to
remove and relocate pole, wires and fixtures. Vote approved 5-0.
Board of Selectmen Minutes June 14, 2004 3
Water and Sewer Rates.
Joyce Hanlon, Director of Finance presented a water and sewer rate analysis and two options with different scenarios for
the boards' consideration. Bill Hmurciak, Director of Public Works prepared a chart, which showed the unpredictable
nature of precipitation and resulting changes in water consumption. In the event that consumption for the year is lower
than forecast, retained earnings can be utilized to cover the shortfall.
James Xenakis made a MOTION, seconded by Donald Stewart, to adopt a choice from Option #1 based on the approved
Town Meeting budget, which is a two-tier rate without restoring retained earnings of ten percent. Vote approved 3-2.
Rosemary Smedile and Mark Caggiano opposed.
There was a discussion on whether the Town needed to keep a 10% cushion in retained earnings or change it to a 5%
cushion in retained earnings for emergency funds. There is a small balance in both of these accounts, $325,137 in Water
Enterprise Fund and $255,024 in Sewer Enterprise Fund.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to go with Option two but with a five percent cushion
in retained earnings. MOTION withdrawn.
Rosemary Smedile suggested raising the tier structure because larger families are being penalized for using more water.
James Xenakis made a MOTION, seconded by Donald Stewart, to change the lower tier rate structure from 0 to 20 ccf/qu
to of 0 to 30 ccf/qu. Vote approved 3-2. Mark Caggiano and Rosemary Smedile opposed.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to continue the Water and Sewer discussion on
Monday, July 12, 2004.
There was a five-minute recess.
OLD BUSINESS:
October 2003 Agreement with Thomson Brothers Industries (TBI) Inc.
As requested by the Board, Town Counsel Thomas Urbelis provided a legal opinion regarding the Board's authority to
enter into the TBI Agreement in October 2003. Attorney Urbelis wrote a 19-page opinion confirming that the Town
Charter gives the Board of Selectmen the power to enter into such agreements. The North Andover Town Charter states
in part in Ch. 3, Sec. 2-1: "Except as otherwise provided by this charter, all executive powers of the town shall be vested
in the Board of Selectmen." This gives selectmen broad powers to carry out the functions and services of the town with
specific prior approval of Town Meeting. The Charter also states in Ch. 13-2 of the Town's General Bylaws, "The Town
Counsel shall, subject to the direction of the Selectmen, conduct the prosecution, defense or compromise of legal
proceedings to which the town is a party and the prosecution or defense, as the case may be, of legal proceedings by or
against any town officer, board or committee." The Selectmen even had the right to discuss the strategy to resolve the
litigation and the content of such an agreement in an executive session, as determined by the Essex County District
Attorney's office. Attorney Urbelis also refuted the claim by some residents that the contract needed voters' approval
because it involves spending money in the form of fees paid to the Thomsons to collect and dispose of old appliances.
That argument is misplaced, because the town is not bound to use Thomsons' services if it chooses not to do so.
In conclusion, Town Meeting cannot vote to unilaterally rescind a valid Agreement which the Town has entered into with a
third party who has relied upon such an Agreement.
Mark DiSalvo of 1011 Great Pond Road asked several questions regarding the TBI Agreement as follows:
1. Would the Board provide Town Counsel's written opinion to the public for distribution?
2. Do you know of any circumstances under which Town Meeting can rescind decisions of the Board of
Selectmen?
3. How does this Board intend to discuss and respect the tensions and advisory of Town Meeting and its actions
to recommend Attorney Urbelis' opinion?
4. When was the Board of Selectmen and Town Manager aware of the opinion and comments prior to Town
Counsels' statements on the floor of Town Meeting?
5. Who authorized Town Counsel to research and to state his opinion?
6. How much did it cost?
7. When will this Board have a discussion relative to the tensions and respect the opinions of the public?
Board of Selectmen Minutes June 14, 2004 4
The Board of Selectmen and Town Counsel answered all of Mr. DiSalvo's questions to the best of their ability.
Mrs. Beverly Longueil of 926 Forest Street asked to discuss specific wording of the TBI Host Community Agreement.
James Xenakis said that all comments and discussion on the merits of the TBI Host Community Agreement happened in
October 2003. Comments are limited to the agenda item at hand and the specific item raised about the Town Meeting
vote.
Mrs. Elizabeth Webber of 90 Lancaster Road asked why were voters allowed to discuss and vote on Article 21 at Town
Meeting when it was meaningless?
Attorney Urbelis said that he was the second person to speak on Article 21 and very clear to anyone who was listening
that based upon what the proponents are asking Town Meeting to vote in this article even if the article is voted in the
affirmative, that the vote will have no effect on the validity of the agreement.
Chairman Wakeman apologized to all of the people who like Mrs. Weber, were frustrated by the long debate.
Flood Hazard Mitigation Plan.
At the Board's June 7 in meeting a draft report for Flood Hazard Mitigation was presented and the Board made comments
and suggestions. Mr. Peter Garvey from Guetin Elkerton &Associates incorporated the Boards' comments and
suggestions to the final plan. Mr. Garvey presented this final plan for review and endorsement.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Flood Mitigation Plan. Vote
approved 4-1. Wendy Wakeman opposed.
NEW BUSINESS:
Bond Anticipation Notes.
Joyce Hanlon, Finance Director explained documentation of the Bond Anticipation and asked the Boards' approval.
Rosemary Smedile made the following MOTION, seconded by James Xenakis. Vote approved 5-0.
1 Rosemary Smedile, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts, certify that at a
meeting of the board held June 14, 2004, of which meeting all members of the board were duly notified and at which a quorum
was present, the following vote was unanimously passed, all of which appears upon the official record of the board in my
custody:
Voted: to approve the sale of a$7,500,000 3.00 percent Bond Anticipation Note of the town dated June 29, 2004,
and payable July 6, 2005, to Sovereign Securities Corporation, LLC at par and accrued interest plus a premium of
$96,150.
1 further certify that the vote was 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 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. c39, s23B as amended.
Peachtree Water Easement to Kara Drive.
The Board was requested to accept the grant of easement for the water easement from Peachtree Farms to Kara Drive.
The purpose of the water line is to close a loop in the water system in the Kara Drive neighborhood thus improving the
efficiency of the water distribution system in that area. Jack Sullivan, Director of Engineering said all the legal documents
have been endorsed, the easement plan recorded, and Town Counsel has provided a favorable recommendation.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to accept the grant of water easement from
Peachtree Farms to Kara Drive. Vote approved 5-0.
Board Reorganization.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to elect Rosemary Connelly Smedile as Chairman of
the Board for FY05 July 1, 2004—June 30, 2005. Vote approved 5-0.
Board of Selectmen Minutes June 14, 2004 5
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to elect Wendy D.Wakeman as Clerk of the Board
for FY05 July 1, 2004—June 30, 2005. Vote approved 4-1. Mark Caggiano abstained.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to re-elect Donald Stewart as Licensing
Commissioner for FY05 July 1, 2004—June 30, 2005. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Board had previously been informed of the $12,800 Homeland Security Grant the Town had been awarded from the
Federal Government. The Town Manager signed an application to use those funds to enhance and coordinate the
Town's Geographic Information System (GIS). A fully functionally GIS system would allow the town to respond quickly to
an emergency with full knowledge of what infrastructure and resources are present at the site of the incident.
Chief Stanley informed the Town Manager that the Town Dispatcher Vignette Segarra has been awarded the prestigious
Jeff Grossman 9-1-1 award by the Association of Public- Safety Communications Officials (APCO). Additional information
will be forthcoming on this award and the award's ceremony that will be accompanying it.
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
Rosemary Connelly Smedile, Clerk of the Board