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HomeMy WebLinkAbout2008-12-01 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 1, 2008 CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLIGIANCE ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Mark J.T. Caggiano Clerk; Daniel P. Lanen; Tracy M. Watson; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Richard Nardella was absent. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss Collective Bargaining. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Appointments The Board of Selectmen's Subcommittee recommended appointing Robert Warren to serve as a Trustee for The Stevens Estate. Tracy Watson made a MOTION, seconded by Daniel Lanen, to appoint Robert Warren to serve as a Trustee for The Stevens Estate. Vote approved 4-0. Tracy Watson made a MOTION, seconded by Daniel Lanen, to appoint Michael Liporto to serve on the Zoning Board of Appeals. Vote approved 4-0. Certificates of Appreciation for National Elections The Board of Selectmen presented Certificates of Appreciation in recognition of achievement to various individuals and departments for leadership cooperation and assistance during the national elections held on November 4, 2008. Certificates were given to the Town Clerk and Staff, Registrar of Voters and Election Workers, the North Andover Police and Fire Departments, the Emergency Management Agency and the School Department. Note: Daniel Lanen recused CONSENT ITEMS: Acceptance of Donations: Project Life Saver The Board was asked to accept donations to Project Life Saver from Harold Dushame in the amount of $2,000 and from James Murphy in the amount of$300. Mark Caggiano made a MOTION, seconded by Tracy Watson, to accept the donations to Project Life Saver from Harold Dushame in the amount of$2,000 and from James Murphy in the amount of$300 and to send letters of thanks. Vote approved 3-0. Note: Daniel Lanen returned. LICENSING: Tracy Watson made a MOTION, seconded by Daniel Lanen, to move into Licensing. Vote approved 4-0. Merrimack College Alcoholic Beverages Licenses At the Board's last meeting, Dean O'Keefe was asked to retain legal counsel to advise the college on the appropriate application for the type of license required for the Blue Line Club located at the Volpe Athletic Center. Dean O'Keefe confirmed that the college has retained legal counsel, the firm of Devine, Millimet& Branch, P.A., to research various issues relating to the liquor license. They are currently in the process of Board of Selectmen Minutes December 1, 2008 2 reviewing the appropriate licensing statutes and regulations. It is anticipated that the research will not be completed until next week and not in time for tonight's meeting. Dean O'Keefe requested that the Board grant the college another one-day liquor license for Sunday, December 7, 2008, between the hours of 1:00 p.m. —5:00 p.m. at the Blue Line Club Hockey Games— Volpe Athletic Center. Vote approved 3-1. Mark Caggiano opposed. The Selectmen reminded Dean O'Keefe to have his legal counsel accompany him at the next Selectmen's meeting with a resolution to the ongoing license issue. Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move out of licensing. Vote approved 4-0. PUBLIC HEARINGS: National Grid Pole Petition Tracy Watson made a MOTION, seconded by Mark Caggiano, to open the Public Hearing. Vote approved 4-0. Mr. Brian Fallon of 1 Forest Street, an abutter, said there was a problem with the overhead wires ever since Verizon New England placed cables across his property. Mr. Fallon said that Verizon explained that they needed two new poles, one at Boxford Street and one at Forest Street to eliminate a weight problem. There are wires going across his property and there is no easement. Mr. Fallon is requesting that when the new poles are installed that Verizon string the wires on the street side instead of on his property side. David Bouchet a representative of National Grid requested permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Boxford Street and Forest Street. Years ago poles were installed 200 feet apart because there were not many wires on the poles. Today there are many more telephone wires and cable wires that create a strain on the poles, so that poles should be placed about 100 to 150 feet apart. There should not be a problem with placing the wires on the street side as Mr. Fallon is required. The Town Manager suggested approving the pole petition subject to conditions on behalf of the abutter. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to approve the pole petition subject to the following conditions: 1) all wires are placed on the outside of the pole facing the street; 2) Verizon would remove the wires that currently trespass on the abutter's property; 3) that all work would be done within 90 days including the removing of existing poles so that no double poles exist and all future poles petitions. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Tracy Watson, to close the Public Hearing. Vote approved 4-0. Property Tax Classification Mark Caggiano made a MOTION, seconded by Daniel Lanen, to open the Public Hearing. Vote approved 4-0. Assessor Garrett Boles and members of the Assessors Board of Directors Ernest Jones and George Barker were present. Mr. Boles provided spreadsheet information regarding various options to shift tax burdens between residential property and commercial industrial and personal (CIP) property. This information showed the impact on average tax bills along with historical information of previous years. Public Comment Resident Robert Ercolini of 195 Bridle Path Road presented a booklet with information about the consequences of previous decisions on tax rates, information from the DOR municipal data bank and listed some recent properties for sale in North Andover. Mr. Ercolini said that North Andover taxpayers would have saved $13 million in the past seven years if the town had adopted a higher business tax rate Board of Selectmen Minutes December 1, 2008 3 such as neighboring towns. Over the last seven years, the typical homeowner has seen an average 5.34 percent annual increase, while businesses have averaged a 2.34 percent annual decrease in taxes. Will Carpenter of the Merrimack Valley Chamber of Commerce asked the selectmen to keep the rate the same or even lower to bring some relief for business. It is difficult to maintain payroll or to bring on new employees and many businesses have to close their doors because of the economy. Selectman Rosemary Smedile said that this is a good year to share the burden. Selectman Tracy Watson suggested shifting off the burden on homeowners who have paid it for years. Selectman Mark Caggiano said the shift could end up helping businesses in a slow economy because it will put more cash in the homeowners' pocket that they could use to visit area restaurants and shops. Mark Caggiano made a MOTION, seconded by Tracy Watson, to close the Public Hearing. Vote approved 4-0. Tracy Watson made a MOTION, seconded by Mark Caggiano, to change the shift from 1.18 to 1.35. This would make the residential tax rate at $11.75 per$1,000 of valuation, an increase of 35 cents over the current rate and the business tax rate at $16.86 per$1,000 of valuation, an increase of$3.08. Vote approved 4-0. OLD BUSINESS: Special Municipal Employees The Board requested the Town Manager provide an updated list of committees and offices that receive the designation of special municipal employees. Animal Inspector Assessors, Board of Constables Emergency Management Director Health, Board of Registrars of Voters, Board of School Committee Sealer of Weights and Measurers Town Moderator Volunteer Committee Members Cable TV Committee Capital Building Planning Committee Community Preservation Committee Conservation Commission Council on Aging Cultural Council Disability Issues, Commission on Emergency Management Agency Emergency Management Agency-Auxiliary/Special Police Festival Committee Finance Committee Greater Lawrence Sanitary District Representative Greater Lawrence Vocational Technical School Representative Board of Selectmen Minutes December 1, 2008 4 Greater Lawrence Community Action Council - 2 NA Members Historical Commission Housing Partnership Committee Housing Trust Fund Board of Trustees Industrial Development Financing Authority Library Trustees Machine Shop Village Neighborhood Conservation District Commission Merrimack Valley Planning Commission Representative Municipal Hearing Officer Old Center Historic District Commission Patriotic Observance Committee Planning Board Special Municipal Employees (Continued) Poet Laureate Poet Laureate Committee Police Station Building Committee Recreation Council School Building Committee Solid Waste Advisory Committee Stevens Estate Board of Trustees Town Government Review Committee Wireless Bylaw Review Committee Youth Services Board of Directors Zoning Board of Appeals Legal Counsel Attorney Thomas J. Urbelis-Town Counsel Attorney Carol McGravey-Town Counsel Attorney Mark Bobrowski - Special Town Counsel Attorney William August- Special Town Counsel Attorney Philip Collins- Special Town Counsel Attorney Tim Norris- Special Town Counsel Attorney Jonathan S. Klavens- Special Town Counsel Mark Caggiano made a MOTION, seconded by Daniel Lanen, to designate the above-mentioned list of employees as Special Municipal Employees. Vote approved 4-0. NEW BUSINESS: Board of Selectmen Meeting Schedule 1St Half of 2009 The Town Manager provided a draft of proposed meetings schedule for the first half of 2009 for the Board's consideration. January 12, 26, February 9, 23, March 9, 23, April 13, 27, May 4, 11, Town Meeting, May 12, 13, June 1, 15, 29, 2009. Board of Selectmen Minutes December 1, 2008 5 Tract Watson made a MOTION, seconded by Mark Caggiano, to approve the draft proposed meetings schedule subject to change if needed. Vote approved 4-0. TOWN MANAGER'S REPORT: The Town Manager said that Steven Dailey of 162 Bradford Street donated the Christmas tree in the Town Center. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:50 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary Mark Caggiano, Clerk of the Board