HomeMy WebLinkAbout1996-04-16 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 16, 1996
CALL TO ORDER: John Leeman, Chairman, called the meeting to order at 7:30 PM.
ATTENDANCE: The following were present: John Leeman, Chairman; William B. Duffy, Jr.;
Kevin Foley; Donald Stewart; David Torrisi; Robert J. Halpin, Town Manager; and Kevin Mahoney,
Director of Finance &Administration.
APPROVAL OF MINUTES: April 2, 1996 - Kevin Foley made a MOTION, seconded by
Donald Stewart, to approve the minutes of April 2, 1996, with the change to indicate that Mr. Leeman was
not absent but attending a Planning Board meeting at the beginning of the Selectmen's meeting; vote
approved 5-0.
April 8, 1996 - Kevin Foley made a MOTION, seconded by Donald Stewart, to table action on these
minutes until the next meeting; vote approved 5-0.
COMMUNICATIONS & ANNOUNCEMENTS: The Town Manager discussed the following
announcements: The town received a notification from the Massachusetts State Lottery Commission
regarding a hearing of the Keno license application of China Blossom. This hearing will be held on
Tuesday, April 30, 1996, 2:30 PM at the State Lottery Commission in Braintree, Massachusetts. Kenneth
Crouch will remain as the Town's representative to the Lawrence Municipal Airport Manager Search
Committee.
Resignation of Joan Black from the Council on Aging - Kevin Foley made a MOTION, seconded by
Donald Stewart, to accept the resignation of Joan Black from the Council on Aging with regret and to
request that a letter of thanks be sent to Ms. Black; vote approved 5-0.
ACCEPTANCE OF DONATION - FIRE DEPARTMENT: Donald Stewart made a MOTION,
seconded by Kevin Foley, to accept the donation of$ 11,615 to the North Andover Fire Department from
Massachusetts Refusetech, Inc., for the purchase of Confined Space Rescue Equipment; vote approved 5-0.
Kevin Foley congratulated Chief Dolan for the receipt of the donation and thanked him for identifying the
need for the equipment.
PUBLIC COMMENT: Appointment of David Torrisi to Youth Services Board of Directors -
Kevin Foley made a MOTION, seconded by Donald Stewart, to appoint David Torrisi as an additional
Selectmen's representative to the North Andover Youth Services Board of Directors; vote approved 5-0.
Appointment of Kevin Foley to the Osgood Hill Usage Committee - Donald Stewart made a MOTION,
seconded by David Torrisi, to appoint Kevin Foley as the Selectmen's representative to the Osgood Hill
Usage Committee; vote approved 5-0.
LICENSING COMMISSIONERS: Request for a Common Victualler's License - Joseph Chedid,
Manager -Joe's Flaming Kabob d/b/a Joe's Landing Cafe - Lawrence Municipal Airport, Sutton Street,
North Andover - John Leeman made a MOTION, seconded by Kevin Foley, to grant a Common
Victualler's License subject to meeting the Board of Health requirements to Joseph Chedid, Manager,Joe's
flaming Kabob d/b/a Joe's Landing Cafe, Lawrence Municipal Airport, Sutton Street, North Andover;
vote approved 5-0.
Board of Selectmen Minutes April 16, 1996 Page 2.
Request for a Restaurant All Alcoholic Beverages License and an Automatic Amusement Device License
(4 devices) - ARC Restaurant, Inc., d/b/a Culpeppers, Carl Discepolo, Manager, 815 Turnpike Street -
John Leeman made a MOTION, seconded by Kevin Foley, to grant a Restaurant All Alcoholic Beverages
License and an Automatic Amusement Device License (4 devices) provided that the seating of the
restaurant does not exceed 59 seats,to ARC Restaurant, Inc., d/b/a Culpeppers, Carl Discepolo, Manager,
815 Turnpike Street, vote approved 5-0.
Report from Police Chief Regarding 24-Hour Operation of Richdale Dairy Stores, 4 Main Street -
Chief Stanley reported that there have been no incidents as a result of the 24 hour operation of the Richdale
Dairy Store, 4 Main Street. This will be placed on the agenda in June, 1996, for the final six month
review.
Request for a One Day All Alcoholic Beverages License from the Evy Gillette, Stevens Estate n, Os_ good
Hill - April 16, 1996, from 5:00 PM - 8:00 PM - John Leeman made a MOTION, seconded by
Kevin Foley, to grant a one day all alcoholic beverages license to Evy Gillette, Stevens Estate @ Osgood
Hill, for a Chamber of Commerce marketing mixer on April 16, 1996, from 5:00 PM to 8:00 PM; vote
approved 5-0.
Kevin Foley made a MOTION, seconded by John Leeman, to move out of Licensing and back into regular
session; vote approved 5-0.
PUBLIC HEARINGS - MASSACHUSETTS ELECTRIC COMPANY - PETITION # 53-394 -
BUNKER HILL ROAD - TO PLACE ONE POLE: The petitioner was not present at this hearing.
Kevin Foley made a MOTION, seconded by David Torrisi, to continue this hearing to the next Selectmen's
meeting and to notify the petitioner of the Selectmen's vote as well as the vote of the meeting of April 2,
1996; vote approved 5-0.
PUBLIC HEARINGS - ANNUAL TOWN MEETING - ROADWAY ACCEPTANCES: The Board
of Selectmen held a public hearing for roadway acceptance articles for the 1996 Annual Town Meeting.
The following actions were taken:
Brewster Street - Mr. Frank Gennarelli of Brewster Street spoke on behalf of citizen petitioners and
requested that the Board of Selectmen's consideration to recommend favorably upon this article. George
Perna, Director of Public Works and Kathleen Bradley-Colwell, Town Planner, have reviewed the request
that Brewster Street be accepted by the Town. Brewster Street is constructed to meet the Town's standards
but there is no documentation concerning drainage easements or ownership of the road. Mr. Halpin stated
that the town will take the responsibility to get the proper forms from Town Counsel. A form is needed so
that the petitioner may obtain the signatures of all the property owners on Brewster Street so that the Town
may obtain any land or easements, as well as any fees, necessary for the take over of the roadway.
Kevin Foley made a MOTION, seconded by Donald Stewart, to lay out the way of Brewster Street and to
make a formal recommendation regarding the Brewster Street roadway acceptance article at Town
Meeting; vote approved 5-0.
Sugarcane Lane - Jerad Place - Candlestick Road (Phase I and II) - Mr. Robert Janusz appeared before the
Board of Selectmen to request their consideration on these articles. Kevin Foley made a MOTION,
seconded by Donald Stewart, with respect to the roadway acceptance articles for Sugarcane Lane, Jerad
Place and Candlestick Road, that the Board of Selectmen vote to layout the ways of Sugarcane Lane, Jerad
Place and Candlestick Road and will make a formal recommendation at Town Meeting upon the acceptance
Board of Selectmen Minutes April 16, 1996 Page 3.
of these roadways; vote approved 5-0. These roadways have not been completed, although the developer
is working to complete the roads prior to Town meeting.
Blue Ridge Road - Lancaster Road - South Bradford Street - The petitioner needs to provide all easement
and fee documents which have not yet been provided. Kevin Foley made a MOTION, seconded by David
Torrisi, that the Board of Selectmen vote to layout the ways of Blue Ridge Road, Lancaster Road, and
South Bradford Street and to make a formal recommendation at Town Meeting regarding these roadways;
vote approved 5-0.
TRAFFIC ADVISORY COUNCIL RECOMMENDATIONS: Lacy Street - Kevin Foley made a
MOTION, seconded by Donald Stewart, to approve the moving of the existing "Dangerous Curve" sign
from 496 Lacy Street to 479 Lacy Street and to install a "Caution Children" sign on Lacy Street when
entering from Forest Street, as designated by the Traffic Safety Officer; vote approved 5-0.
Marbleridge Road and Dale Street - Kevin Foley made a MOTION, seconded by Donald Stewart, to
approve the installation of a "Stop" Sign on Dale Street at Marbleridge Road heading towards Salem
Street; vote approved 5-0.
Ashland Street - Request for a "Handicapped" Parking Sign - Kevin Foley made a MOTION, seconded by
David Torrisi, to request that the Town Manager notify Mr. Stone of Ashland Street of the Traffic
Advisory Council's recommendation of"No Action" on the request of the placement of a "Handicapped"
Parking Sign in front of 10 - 12 Ashland Street; vote approved 5-0. The Traffic Advisory Council
recommended"No Action"being that the placement of this sign would be at a private residence.
Cross Street - David Torrisi made a MOTION, seconded by Kevin Foley, to approve the placing of"No
Parking" signs on Cross Street on the church side for the entire length of the street; vote approved 3-2
(William Duffy and Donald Stewart opposed).
High Street - Sutton Street - Chadwick Street - Donald Stewart made a MOTION, seconded by
Kevin Foley, to place a "Stop" sign on High Street @ Chadwick Street; Mr. Foley withdrew his second to
the motion and the motion failed.
David Torrisi made a MOTION, seconded by Kevin Foley, to place a "Stop" sign on Chadwick Street at
High Street, as suggested by Officer Driscoll; vote approved 3-2 (William Duffy and Donald Stewart
opposed).
Traffic Light Signals - Massachusetts Avenue and Waverly - The Traffic Advisory Council advised
the Board of Selectmen that Town Meeting should consider the reallocation of previously appropriated
funds designated to replace the existing traffic lights in order to use these monies to fund a comprehensive
traffic and engineering study to best address the safety concerns at this intersection including; significant
grade problems, lack of left turn lanes and signals, and absence of the opticon system for emergency
vehicles.
UPDATE - YOUTH CENTER REPORT: The Town Manager stated that this report will be presented
at the meeting of April 29, 1996.
FISCAL YEAR 1997 BUDGET - FINAL RECOMMENDATIONS: Kevin F. Mahoney, Director of
Finance & Administration, presented the final recommendation on the FY'97 Budget. Departmental
transfers and adjustments were as follows:
Board of Selectmen Minutes April 16, 1996 Page 4.
REVENUES:
Increased Osgood Hill debt exclusion override amount by$ 10,799 to include premium due at maturity.
Increased Wetlands Filing Fee article to $ 25,000 as recommended by the Finance Committee.
Increased Local Receipts by$ 3,542.
EXPENDITURES-GENERAL GOVERNMENT:
Reduced Community Development by$75,000 in order to identify the Master Plan, as a separate article.
Reallocate $ 43,000 previously appropriated at the 1995 Special Town Meeting to the Town Manager
Expense budget, as follows:
$ 20,000 - Police Department Management Study;
$ 20,000 - Town Manager search;
$ 3,000 - Customer service training program
Mr. Mahoney recommended that the funds be allocated in the FY 97 budget - Town Manager's Office as
follows:
$ 14,500 - Upgrade the wage and salary classification plan for Personnel By-law employees;
$ 3,488 - Employee training programs;
$ 3,116 - Professional staff development
$ 21,896 - Police department expense budget (additional equipment line item) for the purchase of an
additional police cruiser.
There was considerable discussion regarding the replacement of police cruisers as marked or unmarked
vehicles. John Leeman discussed his previous requests for a prioritized list of vehicles which need to be
replaced and the monitized repair logs. The Town Manager stated that he recommended the replacement of
the four marked cruisers which represent the highest payback to the town and will report his findings to the
Board of Selectmen.
William Duffy made a MOTION, seconded by Donald Stewart, to transfer the $ 43,000 to a Stabilization
Fund (Reserve Fund for an Operating Budget); vote failed 2 - 3 (John Leeman, Kevin Foley, and
David Torrisi opposed). John Leeman discussed the need to fund the Personnel Bylaw wage and
classification compensation study. Kevin Foley urged the Board to move forward with the
recommendations presented by the Finance Director.
Kevin Foley made a MOTION, seconded by David Torrisi, to accept the final budget recommendations of
the Finance Director for the Fiscal Year 1997 budget of the Finance Director; vote failed 2 - 3
(John Leeman, Donald Stewart and William Duffy opposed).
William Duffy made a MOTION, seconded by Donald Stewart, to establish that the items listed on the
April 16, 1996, memorandum from the Finance Director to the Town Manager detailing the 1995 Special
Town Meeting unexpended funds that $ 14,500 be established to upgrade the wage and compensation plan
for Personnel Bylaw employees and that the balance be transferred to the Stabilization Fund; vote approved
3 -2 (Kevin Foley and David Torrisi opposed).
The following were provided for through adjustments:
Funding for the Police Lieutenant Deferred Quinn Bill payable in FY'97, pursuant to their contract.
Board of Selectmen Minutes April 16, 1996 Page 5.
Salary reduction of$ 4,801-Board of Appeals and Department of Public Works-Refuse Salary Line Items.
Wetland Filing Fees expenditure (Which is listed as a separate article.)
ANNUAL TOWN MEETING WARRANT ARTICLE RECOMMENDATIONS: Tax Increment
Financing Authorization (TIF) - The Town Manager updated the Board his discussions with David Ferry
of Circuit Board Repair Corp. and representatives of the Massachusetts Office of Business Development.
Circuit Board Repair is considering relocating their business to the Willows Industrial Park on Route 114
in North Andover or Exeter, NH, may be a potential site. The TIF Program is a negotiating tool which the
Town, with Town Meeting approval, may utilize to convince Circuit Board Repair to relocate to North
Andover.
Kathy McCabe of the Massachusetts Office of Business Development met with the Board of Selectmen to
explain Tax Increment Financing and the Town Meeting authorization. Tax Increment Financing may be
utilized by Non-Economic Target Area communities. The Secretary of Economic Affairs approves any
TIF site on the basis that there is an exceptional opportunity for the community. A warrant article is
needed and must be approved by Town Meeting. The Town Manager recommends inserting a TIF
authorization article, subject to further negotiations and discussions, in the Town Meeting warrant to move
forward with this program. Mr. Halpin also explained that the time frame for this program does not allow
for much flexibility and Mr. Ferry of Circuit Board Repair has been notified of that fact. Kevin Foley
recommended that the town move forward with a warrant article. Ms. McCabe stated that the
Massachusetts Office of Business Development will provide the Town with appropriate article language.
RE-OPENING OF WARRANT: Kevin Foley made a MOTION, seconded by Donald Stewart, to open
the warrant for emergency purposes; vote approved 5-0.
Master Plan Article -Kevin Foley made a MOTION, seconded by William Duffy,to insert the Master Plan
Article, as a separate article from the Budget Article; vote approved 5-0.
Tax Increment Financing Program Authorization - Kevin Foley made a MOTION, seconded by
Donald Stewart, that a warrant article be drafted by the Massachusetts Office of Business Development for
the approval of a Tax Increment Financing Program authorization between the Town of North Andover and
Circuit Board Repair and have that article inserted into the warrant; vote approved 5-0.
Hawkers & Peddlers Bylaw - Kevin Foley made a MOTION, seconded by Donald Stewart, to insert a
Hawkers &Peddlers Bylaw article into the warrant; vote approved 5-0.
Stabilization Fund - Kevin Foley made a MOTION, seconded by Donald Stewart, to insert an article in the
warrant regarding the appropriation of funds to the Stabilization Fund; vote approved 5-0.
Withdrawal of Warrant Articles - Kevin Foley made a MOTION, seconded by Donald Stewart, to
withdraw Article 422-`Amend Zoning Bylaw-Watershed Protection District 4.135, Change R-3 to R-1" -
Citizen Petition Abbe Ritchie, as requested by Ms. Ritchie; and to withdraw the following articles being
sponsored by the Board of Selectmen entitled `Authorization to Establish a Revolving Fund" and
`Acceptance of Massachusetts General Laws, Chapter 30B, §12B, Regarding Awarding Contracts
Exceeding Three Years; vote approved 5-0.
Kevin Foley made a MOTION, seconded by Donald Stewart,to close the warrant; vote approved 5-0.
Board of Selectmen Minutes April 16, 1996 Page 6.
Discussion - "Sewer Extension - Salem Street" Citizen Petition - Nancy Cristosamo - Mr. Cristosamo
discussed with the Board of Selectmen the Collect System Fund which is a grant fund for the purposes of
system design and planning. The criteria to be eligible for these grant funds is the area must: have a high
water table; aging septic systems; and the location must be in a watershed. Mr. Cristosamo urged the town
to move forward with filing the grant application for the extension of the system on Salem Street.
Mr. Perna stated that Public Works has filed a grant application for the sewer extension on Salem Street
through the State Revolving Loan Fund. Concern was expressed that delays in the project could cause a
hardship for the residents in this area. The Town Manager discussed the need to revisit the Betterment
Assessment Policy, as the sewer system construction project continues to expand.
Kevin Foley made a MOTION, seconded by Donald Stewart, that the Board of Selectmen will make a
recommendation at Town Meeting regarding the following article "Sewer Extension - Salem Street"
Citizen Petition-Nancy Cristosamo; vote approved 5-0.
CAPITAL IMPROVEMENTS PLAN RECOMMENDATIONS: Inflow/Infiltration Payback Anal
- George Perna, Director, Division of Public Works, and Bill Hmurciak, Assistant Director, Division of
Public Works, discussed with the Board their concern that the delay of funding this Capital Improvements
Plan request may affect the grant money. Kevin Foley made a MOTION, seconded by Donald Stewart, to
favorably recommend this Capital Improvements Plan request in the amount of$ 500,000; vote approved
5-0.
Granular Activated Carbon Filter Replacement Fund - Mr. Perna discussed with the Board that the most
recent bid results for the acquisition of these filters has shown a drastic increase in costs. The most recent
costs analysis indicates a projection of-$34,022.28 in Fiscal Year 2000. Kevin Foley made a MOTION,
seconded by Donald Stewart, to favorably recommend this Capital Improvements Plan request in the
amount of$ 50,000; vote approved 5-0.
Hardware Replacement for Payroll and Accounts Payable S. s� - Kevin Foley made a MOTION,
seconded by William Duffy,to favorably recommend this Capital Improvements Plan request in the amount
of$ 52,270; vote approved 5-0. John Leeman requested that he be provided with the numbers indicating
the cost savings on the maintenance of the computer system.
STEVENS ESTATE (i� OSGOOD HILL - REVOLVING FUND AUTHORIZATION:
Kevin F. Mahoney, Director of Finance & Administration, presented a financial report for the Stevens
Estate @ Osgood Hill. The report included an analysis of revenue and expenses identifying actual
performance through March 31, 1996, and an estimated cash balance as of June 30, 1996 (including
indirect costs to the revolving fund such as Division Administration and General Administration and
Overhead but not including debt service). The projection was based upon actual bookings at the facility
and indicated a projected fund balance of-$1,387.03. Mr. Duffy provided a revenue and expense analysis
based upon actual plus 10%.
William Duffy made a MOTION, seconded by David Torrisi, to remove the words Capital Improvements
and to change those words to Repair and Maintenance; vote approved 4-1 (Kevin Foley opposed).
William Duffy made a MOTION, to reduce the figure $ 242,600 which is contained in the article regarding
the Osgood Hill to $ 200,000; motion failed to be seconded.
Board of Selectmen Minutes April 16, 1996 Page 7.
William Duffy made a MOTION, seconded by Kevin Foley, that the carrying costs associated with the
operation of the conference center be added to the fund balance of the revolving fund; vote approved 3-1-1
(David Torrisi opposed and John Leeman abstained).
ADULT ENTERTAINMENT BYLAW ARTICLE: The Town Manager discussed this article and
explained that three lots may be removed from the article during the Motion to be made at Town Meeting.
Kevin Foley made a MOTION, seconded by Donald Stewart, to favorably recommend this article at Town
Meeting; vote approved 5-0.
WETLAND FILING FEES ACCOUNT: Kevin Foley made a MOTION, seconded by Donald Stewart,
to favorably recommend this article at Town Meeting in the amount of$ 25,000; vote approved 5-0.
PERSONNEL BYLAW ARTICLE - CLASSIFICATION AND COMPENSATION PLAN:
Kevin Foley made a MOTION, seconded by David Torrisi, to favorably recommend this article at Town
Meeting; vote approved 4-0-1 (William Duffy abstained).
POLICE DEPARTMENT - PERSONNEL UPDATE: Status of Requisition 4951047 - Status of
Lateral Transfer of Officer Charles DiChiara - Status of Vacancy Created by Resignation of Brian Lawlor
- The Town Manager explained the status of Permanent Police Officer Requisition 4951047 (appointment
of three permanent police officers). This requisition has been delayed due to the unavailability of Police
Academy dates for the new recruits. Further, the previous vote of the Board of Selectmen was to appoint
two officers due to the pending approval of a lateral transfer of a North Andover officer to another town,
which delayed the appointment of a third individual. The resignation of Officer Brian Lawlor created a
third vacancy. The Board of Selectmen discussed whether to interview the remaining reserve officers who
have not yet been appointed being that there are new members elected to the Board of Selectmen or to
appoint Reserve Officer Nicholas DiChiara, who had tied with Officer Patrick Beirne in a ballot vote of
appointment by the Board of Selectmen at their meeting of November 17, 1995.
Kevin Foley made a MOTION, seconded by David Torrisi, to appoint Nicholas DiChiara as a Permanent
Police Officer to fill the vacancy created by the resignation of Officer Brian Lawlor; vote approved 5-0.
ANNUAL TOWN MEETING - ARTICLE RECOMMENDATIONS: Hawkers & Peddlers B l -
The Board of Selectmen voted unanimously recommended favorable action on this warrant article; vote
approved 5-0.
Tax Increment Financing Program - The Board of Selectmen voted unanimously to make a
recommendation at Town Meeting regarding the Tax Increment Financing Program article; vote approved
5-0.
Easement Articles - The Board of Selectmen voted unanimously to make a recommendation at Town
meeting regarding the nine easement articles; vote approved 5-0.
Master Growth Plan Article - The Board of Selectmen voted unanimously to favorably recommend this
warrant article at Town Meeting; vote approved 5-0.
Budget Transfer Article - The Board of Selectmen voted unanimously to favorably recommend this warrant
article at Town Meeting; vote approved 5-0.
Board of Selectmen Minutes April 16, 1996 Page 8.
Order of Warrant Articles - Kevin Foley made a MOTION, seconded by William Duffy, to move forward
with the order of the warrant articles as proposed; to note the withdrawal of Article 422; and to renumber
the articles to put the Stabilization Fund Article as Number 8; the Hawkers & Peddlers Article at the end;
and to put the Tax Increment Financing Program article as Number 22; vote approved 5-0.
EXECUTIVE SESSION: Kevin Foley made a MOTION, seconded by Donald Stewart, to move into
Executive Session for the purposes of being updated by the Town Manager as to the collective bargaining
negotiations of the Police Association, Communications Officers, and the Public Works Union; the Board
was individually polled and voted unanimously to move into Executive Session.
Kevin Foley made a MOTION, seconded by Donald Stewart, to approve the Division of Public Works
contract with amendment to phase out by 1998 the language guaranteeing workers against layoffs if
services are privatized; vote approved 5-0.
Melissa Powers, Admin. Secretary
Kevin Foley, Clerk