HomeMy WebLinkAbout2004-09-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 20, 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.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to take out of order IIIB Recognition of
Garrett Boles Chief Assessor. Vote approved 5-0.
Recognition Garrett Boles, Assessment Administration Specialist
The Board of Selectmen recognized Garrett Boles Chief Assessor on his achievement on being awarded
the Assessment Administration Specialist designation. The Board congratulated Boles on his award and
presented him with a Certificate of Achievement.
EXECUTIVE SESSION:
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into Executive Session to
discuss Real Estate Matter and Release of Executive Session Minutes. 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.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Interim Treasurer/Collector
The Town Manager said that it is necessary to appoint an interim Treasurer/Collector until a Finance
Director is found. He advised the Board to appoint Roberta McGowan acting treasurer/collector.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to appoint Roberta McGowan acting
treasurer/collector. Vote approved 5-0.
CONSENT ITEMS:
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to approve the request by the Knights
of Columbus to hold their"Annual Tootsie Roll Drive" on October 15, 16, and 17, 2004.
Vote approved 5-0.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the request by Casey
Cardinal to hold "Fund Raiser Car Wash"for Jimmy Fund/Dana Farber Cancer Institute at the North
Andover Youth Center on Saturday, September 25, 2004 between 11:00 AM —2:00 PM.
Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the request by Carol
Bradstreet for Cystic Fibrosis Foundation Walk-a-thon at the Old Center on Saturday, May 21, 2005.
Vote approved 5-0.
Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to approve the request by Kathleen
Bates to hold the "Annual Thomson School Fun Run Race" on Thursday, September 30, 2004 from
4:30 PM- 7:00 PM. Vote approved 5-0.
Board of Selectmen Minutes September 20, 2004 2
LICENSING COMMISSIONERS:
James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Licensing. Vote
approved 5-0.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile to approve the following one-day
licenses. Vote approved 5-0.
Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses.
1. Janice McCuish Wedding Reception —Friday, September 24, 2004,
7:30 PM — 12:00 AM— Full Liquor Bar.
2. Amy O'Neil Wedding Reception —Sunday, September 26, 2004,
3:30 PM —9:00 PM—Full Liquor Bar.
3. Ann Marie McKenzie Wedding Reception —Saturday, October 9, 2004,
1:30 PM —7:00 PM—Full Liquor Bar.
4. Rana Sadowski Wedding Reception —Sunday, October 10, 2004,
2:30 PM —8:00 PM—Full Liquor Bar.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to open License Commissioners
Public Hearing regarding Richdale Convenience Store. Vote approved 4-0.
Please Note: Selectman James Xenakis excused himself from the Public Hearing
License Commissioners Public Hearing:
Liquor Rules Violation Hearing: Sehtu, Inc. d.b.a. Richdale Convenience Store, 4 Main Street
Chairman Donald Stewart announced that the public hearing was opened and read the notice sent to
owners of Richdale Convenience Store. Acting Town Clerk Karen Fitzgibbon swore in investigating
officers, witnesses and owners.
Sergeant Thomas McEvoy gave an account on what happened on August 21 at 10:00 PM. Officers
observed a sixteen year old juvenile exit the Richdale Convenience Store at 4 Main Street with a thirty
can case of Bud Light beer. The beer was purchased from the owner's wife, Hashina Alam. The juvenile
used an out-of-state Washington, DC driver's license, which had been issued to someone else.
The sale of alcoholic beverages to a minor and use of an out-of-state driver's license identification to
purchase it is a violation of Package Store License issued under Section 15 of Massachusetts General
Laws, Chapter 138. The owners also failed to comply with TIPS certification requirements.
On behalf of owner Mohammed J. Alam and Hashina Alam, Attorney Domenic Scalise asked the Board of
Selectmen to be lenient on these people because this was an unfortunate mistake.
The Board of Selectmen asked questions regarding the incident.
George Delano and David Trombley frequent the Richdale Convenience Store and said that the Alams
ran a reputable establishment, worked long hours and this was an unfortunate incident.
Mohammed Alam and Hashina Alam said that they were sorry about this mistake and it would not happen
again.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to close the Public Hearing. Vote
approved 4-0.
Chairman Donald Stewart announced that the Public Hearing was closed and that the board should make
a motion whether a violation did or did not occur. The motion should indicate the nature and the date(s)
of the violation.
Board of Selectmen Minutes September 20, 2004 3
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, that a violation did occur on August
21, 2004. Further, Smedile moved that liquor license belonging to Sehtu, Inc. be suspended for a period
of five days in the year 2004, those dates are as follows: (1) October 29, (2) October 30, (3) November
24th, (4) December 24th, and (5) December 31. Vote approved 4-0.
A formal letter of violation and suspension dates in effect would be sent by certified mail to owners of
Sethtu Inc. d.b.a. Richdale Convenience Store with copies to the Alcoholic Beverage Control
Commission.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to leave Licensing.
Vote approved 4-0.
PUBLIC HEARINGS:
Continued Mass Electric Pole Petition.
Jeff Martin a representative of Massachusetts Electric petitioned for Plan #A53/480 of Andover Street- -
Remove and relocate pole and Plan #A53/481 of Andover Street at Oak Avenue - - Move and replace
2910 and install electrical conduit to transformer within 15'.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the pole petitions for Plan
#A53/480 and #A53/481. Vote approved3-2. Wakeman and Stewart opposed.
Mass Electric Pole Petition
Dave Agaur a representative of Massachusetts Electric petitioned for Plan #C53/482 of Commerce Way-
-Install 15KV primary conductor in 4" conduit with 4" spare conduit concrete encased.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the pole petition for Plan
#C53/482. Vote approved 5-0.
OLD BUSINESS:
Purchase of Land Next to Water Treatment Plant, Great Pond Road
The Town Manager informed the Board that there is one last step the Town must take in order to
consummate this land transaction and that is to vote to formally approve the purchase of the land.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the purchase of the parcel
of land shown as Lot 2, Great Pond Road, on a plan of land entitled "Plan of Land in North Andover,
Mass., Surveyed for Andover Builders, Scott L. Giles, R.P.L.S. and Frank S. Giles, R.P.L.S. Land
Surveyors, North Andover, Mass., Scale 1"=60', July 2004, which plan is recorder with North Essex
District Registry of Deeds as Plan No. 14824, containing 2.1 acres of land, more or less, according to said
plan, for the sum of seventy thousand ($70,000) Dollars. Vote approved 5-0.
NEW BUSINESS:
Supplemental Lottery Aid, FY05
The state legislators passed a supplemental appropriations bill that includes $75 million in one-time aid to
towns and cities across Massachusetts. North Andover will be receiving $201,467 in supplemental lottery
aid for FY05. It is recommended that this money be used to offset the reduction in property tax revenue
that is necessary to correct a portion of the over taxation that occurred in FY01 to FY04. The Department
of Revenue's letter provides that amount to adjust from property taxes in FY05 is $168,938. The balance
of$32,529 should remain as an un-appropriated revenue.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the Town Manager's
recommendation for the use of the supplemental lottery aid for FY05. Vote approved 5-0.
FY05 Tax Rate Setting Timetable
The Department of Revenue is recommending that municipalities set their tax rate prior to December 1,
2004 to allow sufficient time for approval by the DOR and the mailing of tax bills by January 1, 2005.
Board of Selectmen Minutes September 20, 2004 4
Staff has reviewed this timeline and believes the necessary deadlines could be met if there is no fall
special town meeting and the board conducts its classification hearing no latter than November 29th. If
the Board is in agreement with these two points, a tax classification discussion could be held at the
scheduled November 8th meeting with the actual hearing and vote taken place at the November 22nd
meeting.
Mark Caggiano made a MOTION, seconded by James Xenakis, and approved to set a tax classification
discussion meeting on November 8, 2004 with the actual tax classification public hearing and vote to take
place on November 22, 2004. Vote approved 5-0.
Halloween Trick or Treat Date
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to approve the recommended date for
Halloween Trick or Treat for Sunday, October 31, 2004 from the hours of 5:00 pm to 7:07 PM. Vote
approved 5-0.
TOWN MANAGER'S REPORT:
Muriel J. Katschker has resigned as chairman of the Police Building Committee but she will stay on the
committee as a member.
In a recent column in "Trooper", a publication of the Massachusetts State Police, North Andover Police
and Fire were mentioned in a favorable light.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to adjourn the meeting at 8:45 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Wendy D. Wakeman, Clerk of the Board