HomeMy WebLinkAbout1996-09-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 9,
1996
CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:30 PM.
ATTENDANCE: The following were present: Kevin Foley, Chairman; William B. Duffy, Jr.;
John Leeman; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager.
MOMENT OF SILENCE FOR SEAN FOUNTAIN: The Chairman requested that a moment of
silence be recognized in honor and memory of past selectman and employee Sean Fountain
who recently passed away.
APPROVAL OF MINUTES: August 26, 1996 - David Torrisi made a MOTION, seconded by
John Leeman, to approve the minutes of August 23, 1996; vote approved 5-0.
COMMUNICATIONS &ANNOUNCEMENTS: Massachusetts Municipal Association 1997
Annual Meeting - The Chairman requested that any Selectmen who would like to attend the
Massachusetts Municipal Association 1997 Annual Meeting to contact staff at the Town
Manager's office.
Commendation of Town Clerk's Office - The Town Clerk's Office was commended for their
efforts in implementing the Voter Registration Information System with the Secretary of the
Commonwealth Central Voter Registry department.
Andover 350th Parade - The Chairman reminded the Board of the Andover 350th Parade this
coming weekend.
Board's Next Meeting - The Board's next meeting is September 23, 1996.
PUBLIC HEARINGS: Massachusetts Electric Company and New England Telephone &
Telegraph Company Pole Petition # 53/393 - Summer Street- Ed Davis of Massachusetts
Electric Company discussed this petition with the Board. He has met with the new owners of
the house which abuts this petition to discuss the intentions of Massachusetts Electric
Company. John Leeman made a MOTION, seconded by David Torrisi, to approve pole
petition # 53/393 on Summer Street to place one pole; vote approved 5-0.
JEFFERSON (cD- DEN ROCK PROJECT - DISCUSSION OF IMPACT OF PROJECT AND
WATER SUPPLY: Attorney Art McCabe discussed with the Board of Selectmen the proposed
Jefferson @ Den Rock Project, which is a proposed apartment complex which will have
portions of the property within the bounds of North Andover, Andover, and Lawrence. The
North Andover property is located on Waverly Road. Concerns to the impact on the traffic on
Route 114 and Waverly Road was discussed, as well as the impact of the developer
requesting to utilize the Town's water distribution system. The street address for the purposes
of the US Post Office will be North Andover, taxes will be paid to the City of Lawrence, as well
as the students will attend Lawrence Schools and the public safety units will be from the City of
Lawrence.
The Town Manager discussed the Town's concerns that North Andover cannot commit to the
water supply. The developer's estimated water use will be approximately 23,000 gallons per
Board of Selectmen Minutes September 9, 1996 Page2
day. The Town Manager stated that he will continue to discuss the potential of North Andover
purchasing water from the Town of Andover, which is not necessarily tied to this project. North
Andover needs to address the need for additional water supplies whether this project moves
forward or not. John Leeman requested a copy of the Traffic Report, which the developer has
provided to the Town.
Attorney McCabe requested that the Board entertain a motion to support the work to move
forward with supplying water to the development. The Board requested that this agenda item
be discussed at another meeting and no action was taken
TBI, INC., (Merrimac Cartage) DISCUSSION OF PROPOSED TRANSFER STATION AT 210
HOLT ROAD: William J. Scott, Director of Community Development and Services, discussed
with the Board the concerns of the town in reference to this proposed project. Mr. Scott sited
traffic and zoning concerns. Mr. Scott has prepared a review request to the Secretary of
Environmental Affairs in response to the Environmental Notification Form. The Town's primary
concern is traffic and the ENF by the applicant does not address the impact of the traffic
throughout the town. Mr. Scott also discussed the facility not meeting zoning requirements,
which he will be discussing with Town Counsel, and the fact that the town is currently in the
planning process of developing the adjacent area for industrial uses.
Billy Thomson, TBI, Inc. discussed the fact that he feels that his business is a positive impact
on the Holt Road area and stated that he would comply with any traffic regulations required by
the town. He and his representatives indicated that they felt it was premature in the process to
be discussing the town's concerns which can be addressed during the permitting process.
Attorney Thomas Mackney representing Merrimac Cartage discussed the process which will be
utilized to review this proposal. He stated that they will be applying for the following permits:
1. Filing application for site assignment
2. Special Permit
3. Site Plan Review
4, D.E.P. - Permit to conduct and operate the facility.
FISCAL YEAR 1997 WATER AND SEWER RATES: Kevin F. Mahoney, Director of Finance &
Administration, discussed the calculation of setting of the fiscal year 1997 water and sewer
rates. Mr. Mahoney recommended setting the water rate at $ 3.01 per 100 cubic feet, the
sewer rate at $ 2.36 per 100 cubic feet, and to direct the Town Accountant to establish and
"Enterprise Surplus Account" for revenues collected in excess of budgeted revenues effective
fiscal year end 1996.
Donald Stewart made a MOTION to set the water rate at $ 3.01 per 100 cubic feet and $ 2.36
per 100 cubic feet through January 1997 and to have the Board review the rates in
January, 1997. This motion was not seconded and the Town Manager requested that the
rates be set for the entire Fiscal Year 1997 so that the town can use these rates in preparing
he FY 1998 budget. Mr. Stewart expressed his support for the "Enterprise Surplus Account"
and review the rates in January, however, he believes residents are still being overcharged for
previous year's water and sewer bills. John Leeman expressed his dismay to Mr. Stewart for
not supporting the water and sewer rates, as recommended by the Finance Director. Mr.
Leeman felt that Mr. Stewart should be understand that the Town Manager needs time to get
us out of this situation, although he does not believe it is good policy to be charging to support
Board of Selectmen Minutes September 9, 1996 Page3
the general operating fund because he was the only current board member who was on the
board when the depreciation policy was established.
William Duffy made a MOTION, seconded by John Leeman, to set the water rate at $ 3.01 per
100 cubic feet and the sewer rate at $ 2.36 per 100 cubic feet for fiscal year 1997; to direct the
Town Accountant to establish an "Enterprise Surplus Account" for revenues collected in
excess of the budgeted revenues effective fiscal year end 1996; and to have the Town
Manager bring these rates back before the Board for review in six months; vote approved 4-1
(Donald Stewart opposed).
RENEWAL OF SHORT TERM AND LONG TERM NOTES: John Leeman made a MOTION,
seconded by David Torrisi, to approve the sale of a $ 3,873,100 Bond Anticipation Notes of the
Town at 4.10%, dated September 11, 1996, and payable September 11, 1997, to Fleet
Securities at par and accrued interest; vote approved 5-0.
John Leeman made a MOTION, seconded by David Torrisi, to approve the sale of a $ 608,000
State Aid Anticipation Note of the Town at 4.19% dated September 11, 1996 and payable
January 23, 1997, to BayBank, N.A. at par and accrued interest; vote approved 5-0.
PROCLAMATION - REV. HERBERT I. SCHUMM DAY - SEPTEMBER 15, 1996:
John Leeman made a MOTION, seconded by David Torrisi, to approve the proclamation
declaring September 15, 1996 as the Rev. Herbert I. Schumm Day and to request that the
Chairman sign the proclamation; vote approved 5-0.
SPECIAL TOWN MEETING DATE: William Duffy made a MOTION, seconded by
David Torrisi, to set the Special Town Meeting date to be October 29, 1996; vote approved 5-
0.
SPECIAL TOWN MEETING WARRANT - OPEN AND CLOSE: John Leeman made a
MOTION, seconded by Donald Stewart, to open the Special Town Meeting warrant and to
close the warrant on Friday, September 13, 1996 at 5:00 PM; vote approved 5-0.
CITIZEN'S AD HOC COMMITTEE TO REVIEW TOWN'S FINANCIAL CONDITION: The Board
received a listing of individuals interested in participating on this new committee. David Torrisi
suggested that the Board discuss appointments to this committee after the next Budget
Advisory Group meeting.
TRAFFIC ADVISORY COUNCIL APPOINTMENT - JOSEPH D'ANGELO: John Leeman made
a MOTION, seconded by David Torrisi, to appoint Joseph D'Angelo immediately to replace
James D'Angelo to the Traffic Advisory Council; vote approved 5-0.
TOWN MANAGER REPORTS: The Town Manager updated the Board of Selectmen relative
to the following items:
Group Health Insurance Advisory Committee - Group Benefit Strategies, Inc. has developed a
proposal to change the Town's group health insurance program. The town will develop an
comprised of bargaining units to discuss insurance changes. This will be discussed further at
the next Board meeting._
Board of Selectmen Minutes September 9, 1996 Page4
N.E.S.W.C. Follow up - The Town Manager met with a small group of participants from the
N.E.S.W.C. public forum to develop a clearer list of the follow through expected, as a result of
the meeting. Mr. Halpin will be meeting with Steven Rothstein to discuss the items in question.
The Town Manager has obtained a list of several attorneys who would be qualified to
represent North Andover on the Wheelabrator/NESWC matter. The proposals from the
attorneys will be available for review by the Board at the next meeting.
Streamlining - William J. Scott, Director of Community Development and Services, hosted a
meeting which included John Leeman and a number of people involved in the permitting
process in town to critique the process and identify streamlining possibilities. At a later point,
Mr. Scott will be prepared to report on this issue to the Board of Selectmen.
Main St. Liquors - There is an open issue with the Licensing Authority involving Main Street
Liquors and the sale of beer to an adult employee who, it is alleged, planned to deliver it to a
group of minors. The charges against the adult employee have been dropped. The Town
Manager will be discussing a recommended course of aciton with staff. This will be addressed
at the next Selectmen's meeting.
Gazebo Design - The private group raising funds for the donation of a gazebo at the Old
Center Common has been conferring with two architects. This project is moving along and can
be discussed further at the next meeting.
Airport Industrial Park Project- Crusader Paper Co. is extremely anxious to finalize an
acquisition of the proposed industrial lot. Mr. Scott and the Town Manager has been in contact
with the company and will be setting up a meeting in the next week.
EXECUTIVE SESSION: Discussion and update of the Stack Claim - Berry Street-
John Leeman made a MOTION, seconded by William Duffy, for the Board of Selectmen to
move into Executive Session for the purposes of discussing the Stack Claim; the Board was
individually polled and voted unanimously to move into Executive Session; vote approved 5-0.
There were not votes to report in Executive Session.
David Torrisi