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HomeMy WebLinkAbout2004-08-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 30, 2004 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:00 PM at the Stevens Memorial Library. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Wendy Wakeman; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. APPROVAL OF MINUTES: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the minutes of July 12, 2004, Executive Session as written and Open Session as written; July 26, 2004, Executive Session as written and Open Session as written. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the Public Hearing minutes of July 21, 2004. Vote approved 3-0. James Xenakis and Mark Caggiano abstained. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session at the end of the meeting agenda item VIII B. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Appointments by the Board of Selectmen The appointment sub-committee met today and interviewed three candidates for consideration for the Zoning Board of Appeals. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Albert P. Manzi, III from associate member of the Zoning Board of Appeals to regular member. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to appoint Thomas D. Ippolito, Richard M. Vaillancourt, and David Webster as associate members of the Zoning Board of Appeals. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by James Xenakis, to appoint Richard Reming a member of the Stevens Estate Board of Trustees. Vote approved 5-0. Fire Chief Notice of Retirement Fire Chief William Dolan notified the board of his intended retirement in the year 2007. Selectman Xenakis asked if the Fire Chief's position could be taken out of Civil Service and be appointed by the Board of Selectmen. Xenakis wants to explore the possibility through future discussions. Fire Chief William Dolan said his intent was to retire in 2007, but if the Board of Selectmen takes the fire chief's position out of Civil Service he would stay on until he was 65 years of age. Chief Dolan said that this should not be a political position, but a step up through the Civil Service examination process for the most qualified person in the department. Zoning Board of Appeals Recognition The Board of Selectmen recognized the following four members of the ZBA with plaques of appreciation for their many years of service to the Town of North Andover. Walter Soule for 25 years of service; Robert Ford for 14 years of service; William Sullivan for 27 years of service; and George Early for 5 years of service. Wendy Wakeman thanked Assistant Town Manager Ray Santilli and the town employees for the many hours of preparation for the smooth move back to Town Hall. Selectman Mark Caggiano said that in light of the state having a website providing information on level three sex offenders. Caggiano would like to explore the options and technical aspects of providing information within the town's website of level three sex offenders. Board of Selectmen Minutes August 30, 2004 2 CONSENT ITEMS: September 1th Memorial Service James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the request by Edward Mitchell, Director of Veterans Services, to conduct a ceremonial service at Patriots Memorial Park on September 11, 2004 at 10:00 AM. Vote approved 5-0. Block Party request Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the request by Bethann Lowrie to hold a bock party on October 2, 2004 from 2:00 PM to dusk, location 272-294 Bear Hill Road. Vote approved 5-0. Eagle Scout Proposal — Michael Messina Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request by Michael Messina to make improvements to the Drummond Playground as his community service project for his Eagle Scout designation. Vote approved 5-0. Eagle Scout Proposal — Matt Zablocki Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request by Matt Zablocki to install wooden trash can holders at the Cyr Recreation Area fields as his community service project for his Eagle Scout designation. Vote approved 5-0. Acceptance of Donation Mark Caggiano made a MOTION, seconded by James Xenakis, to accept a donation from Wheelabrator in the amount of$10,000 to the Fire Station for payment toward the Trauma Intervention Program. Vote approved 5-0. Establishment of Grogran Playground Fund Wendy Wakeman made a MOTION, seconded by Donald Stewart, to establish an account for the Grogran Playground Donation Fund. Vote approved 5-0. LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 5-0. Carol Labell —Smolak Farms, Private Party Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the request of Carol Labell at Smolak Farms to serve alcohol at a private party. Alcohol would not be sold and a licensed/TIP bartender would be serving beverages. Vote approved 5-0. Crumpet's Tea Room Dianne O'Brien has requested a Common Victuallers License to sell tea, baked goods, sandwiches and beverages at 56 Water Street. The hours of operation would be 8:30 AM —4:30 PM. Rosemary Smedile made a MOTION, seconded by Wendy Wakeman, to approve the Common Victuallers License to Dianne O'Brien for Crumpet's Tea Room at 56 Water Street. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the following one-day licenses. Vote approved 5-0. Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses Zahoruiko Rehearsal Dinner Party, Thursday, September 2, 2004—6:30 PM — 10:00 PM, Beer&Wine Zahoruiko Wedding Reception, Saturday, September 4, 2004—4:00 PM —9:00 PM, Full Liquor Bar Claire Bailey Wedding Reception, Sunday, September 5, 2004—3:30 PM —8:30 PM, Full Liquor Bar Sally Geary Wedding Reception, Saturday, September 11, 2004— 1:00 PM—6:00 PM, Full Liquor Bar LeeAnn Carney Wedding Reception, Sunday, September 12, 2004—3:00 PM —8:00 PM, Full Liquor Bar Determination to Conduct a Liquor License Violation The police department notified the board of an alleged violation to the Town's liquor policy. Licensing Chairman Donald Stewart suggested scheduling a public hearing regarding this violation. Richdale Convenience Store at 4 Main Street sold alcohol to a minor via a drive-up window. Board of Selectmen Minutes August 30, 2004 3 The Town Manager suggested writing a letter to the owner of the establishment itemizing the charges. Selectman Caggiano said that the board should hold a public hearing for purposes of reviewing this violation and for reviewing whether they have complied with the provisions of their license. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to hold a Public Hearing regarding the liquor violation at the convenience of the owner of Richdale Convenience Store, 4 Main Street. Vote approved 4-0. James Xenakis abstained. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. PUBLIC HEARINGS: The Town Manager asked the Board to postpone the Massachusetts Electric Pole Petitions on Andover Street, plan #53/480 and Andover Street at Oak Avenue, plan #53/481 due to finalizing easements for the underground utilities plan until the next scheduled Selectmen's Meeting. James Xenakis made a MOTION, seconded by Wendy Wakeman, to postpone the Massachusetts Electric Pole Petitions#53/480 and #53/481 until the next scheduled Selectmen's meeting. Vote approved 5-0. OLD BUSINESS: Old Center Improvement Update Assistant Town Manager Ray Santilli gave an update on the three projects in the Old Center area currently in the planning phases. The Merrimack Valley Metropolitan Planning Organization has moved the roadway improvement project to the 2005 TIP; this is in coordination with the underground utility project. The roadway project is funded for$3.8 M ($3.04 with federal funds and $760,000 with state funds). At the Board's July 26th meeting, the lighting consultant redesigned the lighting plan and turned it over to Massachusetts Electric on August 12. After the utilities companies put their stamp of approval on this, the Town will be able to go out to bid by the end of September. Civil construction would begin in either winter/early spring and should not conflict with the roadway project. The Board of Selectmen stated that a public hearing would be scheduled to review the internal redesign of the town common and seek public comments and input. Director of Community Development Heidi Griffin requested scheduling this hearing on October 12 due to the availability of the landscape architect and members of the Historic Old Center District Project group on that evening. NEW BUSINESS: Police Station Financing Plan Selectman Xenakis presented a power point presentation with a range of new strategies to pay for the $8.5 M police station without raising property taxes. Xenakis recommended streamlining the building design by eliminating the firing range - $800 K and reducing the remaining square footage. Earmarking money from the town's budget surplus free cash - $1 M, selling the existing station for$1 M, and devoting 25 percent of FY06 CIP— $500 K as cost-cutting measures. This would reduce the financed amount to $5.2 M. Xenakis suggested cutting the Community Preservation Act from 3% surcharge on property taxes to 1% and have taxpayers shift the money that would be saved to the new police station. According to Xenakis, if the CPA surcharge were cut back to 1%, the town would still be collecting about $300,000—enough to keep paying the land already purchased. With that cut, the average tax bill in town would drop by about $73. Xenakis believes that once taxpayers receive that cut, they would be inclined to support an override to fund the station that will cost about $45 a year for 20 years. If both pieces of the plan were passed, property owners would walk away with a small $28 decrease in taxes. A vote would be needed for both parts of the plan —scaling back the CPA and passing an override. Selectman Wendy Wakeman noted that If the CPA is eliminated, voters could still turn down the override. Selectman Mark Caggiano said the plan has to be reviewed thoroughly, looking at all alternatives and the town's budget. Board of Selectmen Minutes August 30, 2004 4 Sam Ameen of 33 Coventry Lane and a member of the Police Building Committee thanked Selectman Xenakis for his proposal to finding alternative ways of financing the police station. The Town Manager said that Selectman Xenakis' recommendations would be reviewed and considered by all committees such as the Finance Committee, Board of Selectmen and Police Building Committee. Sargent School State Reimbursement The Department of Education notified the Town that as a result of a recent state audit the Town could anticipate a reduction in the amount of annual payments received from the state as reimbursement of school construction costs for the Sargent School. The state has reimbursed the town $607,534 for ten years, but the remaining 10 years the state would reimburse $413,924. This reduction was based on three factors including the final cost difference, the level vs. descending payment schedule and interest rate change with a total difference of$1,936,099. This would impact the town by approximately$200,000 a year for the next ten years. Newspaper Dispensing Racks Selectman Stewart witnessed an incident where a small child was severely injured when a newspaper rack tipped over on the child. Stewart requested that the Town Manager survey other communities to see what, if any, rules and regulations may govern the placement and installation of these racks. Town Counsel Thomas Urbelis said that the Town could regulate newspaper racks to ensure safety of the community. The Town Manager said that staff would move forward with drafting regulations similar to other communities and present it to the Board at a future meeting. Motorized Scooters Selectman Xenakis requested that staff look into the possibility of regulating motorized scooters. Lt. John Carney reported that the state or legislature have no plans to regulate them. Through the efforts of the Town Clerk and others a survey was done on how other communities handle this growing problem. The choices are to allow limited use, ban them entirely or leave it as it is now—completely unrestricted. The Board of Selectmen has the authority to regulate the passage of recreation vehicles through streets and ways of the town under Chapter 161 of our town code. The Town Manager asked Town Counsel to provide information on developing a bylaw on recreational vehicles. Town Manager evaluation process Town Charter Section 4-8-1 provides that the Board of Selectmen shall annually evaluate the performance of the Town Manager. The Town Manager asked the Board to begin this process and recommended that the Board delegate two members to recommend to the full board the method and process for the evaluation. Chairman Rosemary Smedile and Clerk Wendy Wakeman gladly accepted the challenge of writing a set of procedures and criteria, which shall form the basis for the evaluation. TOWN MANAGER'S REPORT: • Fire Chief William Dolan has been accepted into a five-day course at the National Fire Academy in Maryland entitled "Fire Protection Systems for the Incident Commander"which focuses on the use of internal built in fire protection features. The Federal Government pays for all expenses. He will be gone from October 30 to November 5th and Deputy Chief Martineau will be in charge during his absence. • The Town was recently awarded a $12,820 Local Preparedness Grant from the Executive Office of Public Safety. The grant will allow for the purchase of integrated Geographic Information System (GIS) equipment, software and training to enhance our ability to respond to emergency situations. Board of Selectmen Minutes August 30, 2004 5 • The Governor's office informed the Town in a letter dated August 11, 2004, that our share of the FY05 Chapter 90 local transportation aid will be $478,067 or a 20% increase over last years allotment. • Related to Chapter 90 funding, the state has told the Department of Public Works that our request to fund the engineering necessary to design the drainage work on Milk Street (Dr. Atwood's property) is not an eligible project. In the absence of other funding sources in FY05, the Department is recommending that this project be included in the FY06 Capital Improvement Plan • Upon the recommendation of Community Development Director Heidi Griffin, I appointed Ms. Pamela A. Merrill to the position of Conservation Associate. This position is fully funded by wetland filing fees. Ms. Merrill has an associate's degree in Urban and Community Forestry and has experience working for both the private and public sectors in conservation areas. She was also an intern for the North Andover Conservation Commission from 1977 to 2000. • On Tuesday, August 24th, Selectmen Smedile, Wakeman and I attended a presentation at the Lawrence Municipal Airport where it was announced that the State Police would be stationing a helicopter at the airport. This helicopter will enhance greatly the region's public safety agencies in responding to all sorts of situations from missing persons to fire suppression. • Chairman Smedile would like the board to consider rescheduling the October 25, 2004 meeting. Please bring your calendars so that we can check dates. James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session to consider the lease of real property for the Community Development offices because public discussion may have a detrimental effect on the negotiating position of the Board and not to reconvene in Open Session. The board would not be returning to Open Session. 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; Mark Caggiano yes; Wendy Wakeman yes, and Rosemary Smedile yes. Vote approved 5-0. Note: There was a five-minute recess. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 9:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Wendy D. Wakeman, Clerk of the Board