HomeMy WebLinkAbout2004-10-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 20, 2003
CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:05 PM at the Steven's 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 and
Thomas Urbelis, Town Counsel.
EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Donald Stewart, to move into Executive
Session to discuss pending litigation of the Great American Insurance Company and Collective Bargaining.
Vote approved 5-0.
APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the
minutes of October 7, 2003 Executive Session as written and Open Session as written. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Police Station Building Committee.
The Town Manager recommended that the Board appoint the following nine individuals to the Police Station
Building Committee: Raymond Santilli, Assistant Town Manager; Lt. Paul Gallagher, Superior Officers Union
President; Officer Robert Hillner, N Andover Police Department, Jack Watkins, Chairman Finance Committee;
Vionette Segarra, Communication Officers Union President; Sam Ameen, Citizen; Richard DeVincentis, Citizen;
Muriel Katschker, Citizen; and Ronald Headrick, Citizen.
James Xenakis made a MOTION, seconded by Mark Caggiano, to appoint these individuals to the Police Station
Building Committee. Vote approved 5-0.
Veteran's Graves Officer.
Edward Mitchell Director of Veterans Services recommended Scott Lampron for the position of North Andover
Graves Officer. The Board was asked to approve the recommendation.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve Scott Lampron for the position of
Graves Officer. Vote approved 5-0.
PUBLIC HEARINGS:
Massachusetts Electric Pole Petition.
A. Revised Plan #C53/471 Relocation of pole 58 Chestnut Street to provide electric service to new development
on Peachtree Lane.
B. PlanC53/472 for the installation of an electric duct bank of two ducts in concrete to provide electric service to
new street Peachtree Lane.
Verizon New England, Inc.
D. Plan #871 Chestnut Street to place approximately 56' of underground conduit.
Abutters Barry York, Eugene Garcia and Chris Madison of Woodlea Road opposed the petitions A,B, and D by
Massachusetts Electric and Verizon New England Inc.
James Xenakis made a MOTION, seconded by Mark Caggiano, to TABLE items A, B, and D so that the abutters
could come to a settlement with Massachusetts Electric and Verizon New England, Inc. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve item C by Massachusetts Electric.
Vote approved 5-0.
Massachusetts Electric Pole Petition.
C. Plan #053/473, Old Clark Street for the installation of two utility poles in the R.O.W. of Old Clark Street.
Board of Selectmen Minutes October 20, 2003 2
LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Mark Caggiano, to move into
licensing. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the request of Nicholas
Papantonakis, Manager at 1591 Osgood Street, Wine& Malt Beverage Restaurant Licenses, Triplets Inc. d/b/a/
Jimmy's Famous Pizza. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses
for the Stevens Estate. Vote approved 5-0.
Laurie Fennelly, The Stevens Estate, 723 Osgood Street,
A. Donna Maggio Pingree School Fundraiser,Oct. 29, 2003, 6:00 PM-10:00 PM, Beer&Wine only.
B. Michelle Belmonte Wedding Reception, Nov. 1, 2003, 7:00 PM-12:00 AM, Full Bar License.
C. Daniel Grillo Wedding Reception, Nov. 2, 2003, 3:30 PM-8:30 PM, Full Bar License.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote 5-0.
CONSENT ITEMS: Jamie Doucett, Race Director requested permission to hold the 15th annual Cambridge
Sports Union Annual Rollerski Race on town roads in North Andover on Sunday, November 9, 2003, starting at
9:30 AM.
James Xenakis made a MOTION, seconded by Donald Stewart, to approve the request from Jamie Doucett to
hold the annual Rollerski Race. Vote approved 5-0.
OLD BUSINESS:
Cable Television Franchise Renewal.
Attorney William August, Special Counsel to the Cable TV Advisory Board gave a detailed summary of key
provisions of the renewal agreement with Comcast Corporation. Summary highlights are as follows:
The Town transfers control of the community studio from Comcast to a Town-created non-profit access
corporation. This type of corporation tends to be much more productive and vibrant than the cable company
manages. Comcast writes the check, but Town entity (an "Access Corporation") runs the operation. Comcast
has offered approximately $1.5 million for an operating budget and an additional $446,000 for community
technology funds; thus the combined funds of approximately $1,946,000. The Comcast offer is contingent on the
Town agreeing to have its Access Corporation assume responsibility for the studio within three months of the
February 11, 2004 License Effective Date.
John Savastano member of the Advisory Committee asked if the Board would establish and appoint a Board of
Directors for the Cable Access Corporation as soon as possible.
Chairman Wakeman said that the Town Manager and appointment sub-committee would work on appointing
volunteers for the Cable Access Corporation.
Mark Caggiano made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to hold a public
hearing regarding the proposed franchise to renew the cable license. Vote failed 2-3, Wendy Wakeman,
Rosemary Smedile and James Xenakis opposed.
Mark Caggiano Amended the MOTION, seconded by Donald Stewart, to delegate the Cable Advisory Committee
to hold a public hearing regarding the proposed franchise to renew the cable license. Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to establish a North Andover Cable Access non-
profit 501 C3 corporation for purposes of managing and running the community studio. Vote approved 5-0.
Report from Commission of Housing Issues.
Director of Community Development and Services Heidi Griffin gave a summation of the Commission on Housing
recommendations and goals. Griffin requested implementing the following as soon as possible.
Board of Selectmen Minutes October 20, 2003 3
1. Enact a Housing Partnership Committee: Main focus would be to implement the strategies of the
Commission on Housing Issues. This committee would also serve as an intermediary for 40B applicants
to informally present plans prior to submitting to the Zoning Board of Appeals.
2. Involve the Housing Authority: The Housing Authority is best served local entity to work with the
Housing partnership Committee to develop outreach programs and to educate local residents about the
need for affordable housing and available housing opportunities.
3. Perform an Inventory of Town Owned Property: Performing an inventory of town-owned land and
determining which parcels are developable for affordable housing is key to recognizing and promotion of
affordable housing in town.
Selectmen suggested the Town Manager write a letter of thanks to the members of the Commission of Housing
and one to Heidi Griffin for their work and dedication to the town.
FY05 Budget Policy Statement.
The Town Manager said that some minor technical corrections were made to the FY05 Budget Policy Statement
since the last meeting resulting in the amount of funds being projected to be available for operating purposes
being $2,683,232 less then last year instead of$2,943,033 issued in last week's document. The Board was
requested to adopt this document before November 1, 2003.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adopt the FY05 Budget Policy Statement
prepared by Joyce Hanlon, Finance Director and Mark Rees, Town Manager. Vote approved 5-0.
Note: There was a five-minute recess.
Preparation for November 17, 2003 Special Town Meeting.
The Town Manager informed the Board that the Planning Board had requested that the articles dealing with
revisions to the phased growth by-law, deletion of the growth management by-law and changes to the flood plain
by-law be removed from the warrant at this time. Town Counsel has advised that since the Selectmen voted to
place these articles on the warrant previously, now the Board must vote to remove them.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to remove articles pertaining to phased
growth by-law, growth management by-law and flood plain by-law from the warrant at this time.
Vote approved 5-0.
The Town Manager proposed recommendations for the use of the Town's certified free cash of$1.6 million from
FY03. The recommendations are as follows: $95,204 for Municipal by-law salary adjustments for FY04; $300,00
for Finance Committee Reserve (for potential snow& ice deficit); and $316,000 for the Stabilization Fund. The
Board would be asked to vote on this at the November 10, 2003 meeting.
The Town Clerk changed the wording of Article 8 Town Clerk Fees so that the Board of Selectmen whenever
deemed necessary may make a review and adjustment of these fees.
Mr. Robert Ercolini of Bridle Path Road brought forth signed petitions for articles to be added to the Warrant for
the special November 17, 2003 Town Meeting. These articles proposed the following:
Appoint a commission composed of Robert Ercolini, John W. Graham, James P. Gordon, Paul A.
Hedstrom and William Hansen to help the Zoning Board of Appeals evaluate the strip club application.
Mr. Ercolini said he recruited the members for their legal and financial expertise and knowledge of the
community.
Give the commission control of more than $50,000 in town money to hire legal, financial and security
experts to review the strip club proposal.
Board of Selectmen Minutes October 20, 2003 4
Give the commission control over another$50,000 in town money to help defend the board against a
potential lawsuit if it denies the strip club application, or to sue the Zoning Board if it approves the
application.
Direct the Zoning Board to keep open the strip club hearing until the commission has reviewed the
application and provided input to the board.
Authorize selectmen to buy, lease or take by eminent domain the Holt Road land.
James Gordon said that he believed the process the town is following jeopardizes our negotiating position with
respect to the trash transfer station. The applicant already has the trump card (with the strip club). This is an
untenable position for North Andover to be in from a negotiating point of view.
Chairman Wakeman said that she respected each member of this commission and would encourage any one of
them to put forth their resume to apply for a position to sit on the Zoning Board of Appeals and to offer their
expertise for a term.
Selectman Stewart said that the Board should open the warrant now because Mr. Ercolini has enough signatures
to go ahead with a Special Town Meeting that could cost taxpayers of up to $10,000.
Selectman Caggiano echoed Stewart's suggestion to open the warrant now to save taxpayers' money, but
emphasized that he had grave concerns about taking property by eminent domain without a public purpose.
Selectman Smedile said that the Board has already done many of the things suggested in these articles. We
have approached the Thomsons on numerous occasions to sell, lease, offer grants, but she is particularly
concerned with taking the land by eminent domain. This could open the town to lawsuits of enormous
proportions. Smedile was really concerned with the idea of using $50,000 in taxpayers' money to sue one of our
own boards.
William Sullivan, Chairman of the Zoning Board of Appeals said that he has been holding a public hearing on the
strip club for the past five months and pointed out that neither Ercolini nor Gordon have attended any of the earlier
meetings, and he questioned their sudden involvement.
Attorney Thomas Urbelis said the articles are appropriate to add to the warrant if the Board chose to open it. He
did not want to render an opinion about the merits at the moment. He did say that a year ago he warned the
Board about involving an eminent domain taking which was done in bad faith.
Selectman Xenakis said these articles would be discussed at some point at Town Meeting either on November
17, or at a future special town meeting in December. Xenakis had concerns and doubts about the articles.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to open the Warrant for the purpose of accepting
four articles presented by a citizen petition with respect to Holt Road by Mr. Robert Ercolini of 195 Bridle Path
Road. Vote approved 5-0.
Selectman Wakeman asked if there was anyone else who had an article to place on the Warrant.
The Town Manager said that there would possibly be an article regarding the Sharpner's Pond Ice Rink, but this
was not ready for tonight's meeting. The Manager asked that the Board consider opening the Warrant at a
special Board of Selectmen meeting so as not to delay the Sharpner's Pond project.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to place on the Warrant and accept four articles
presented by a citizen petition with respect to Holt Road by Mr. Robert Ercolini of 195 Bridle Path Road. Vote
approved 4-1. Wendy Wakeman opposed.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to place an article by Carl Vissering regarding
the Lincoln Line Power Line on the warrant.
Board of Selectmen Minutes October 20, 2003 5
After discussion, the Board was in agreement that Mr. Vissering did not properly file his petition for placement of
the warrant. Caggiano and Stewart withdrew their MOTIONS.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to close the Warrant. Vote approved 5-0.
NEW BUSINESS:
Liquor License Fees.
Town Clerk Joyce Bradshaw conducted a survey of what other towns in the region charge for different licenses.
As a result of reviewing North Andover's current fees, she proposed an increase in liquor license fees, which
would take effect with the calendar year 2003 renewals.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the increase in new fees for liquor
licenses. Vote 3-1-1. Wendy Wakeman opposed and James Xenakis abstained.
Zoning Review Committee.
The Director of Community Development Heidi Griffin recommended establishing a Zoning Task Force consisting
of seven members from the following town committees: Planning Board, Zoning Board of Appeals and the
Conservation Commission. The Town's Director of Community Development and Services and the Town Planner
shall serve as ex officio members of the Task Force.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the recommendation of establishing a
Zoning Task Force. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Board of Selectmen are invited to attend the "Annual Salute to Veterans Breakfast"to be held on Monday,
November 3, 2003 at the Wyndham Hotel in Andover.
Community Development Director Heidi Griffin gave a report on economic development initiatives including the
Lucent Technologies building for Tax Increment Financing, Special Tax Assessment and Certified Project
Benefits. Ms. Griffin gave a brief summation of other activities such as the Marketing Brochure, Downtown
Revitalization and Inventory of Town Owned Land.
The Department of Revenue awarded the town $886,192 in state community preservation matching funds based
on fiscal year 2003 local collections. This represents the maximum or 100% matching rate allowed by the
governing statute.
The Department of Public Works recently received notice that it has received an USEPA and MADEP permit for
the discharge of storm water under their respective Storm Water Management Program.
ADJOURNMENT: Donald Stewart made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at
10:10 PM. Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board