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HomeMy WebLinkAbout1996-11-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES NOVEMBER 18, 1996 CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:30 PM. The Chairman announced that Public Comment will be added to the agenda under Communications and Announcements. ATTENDANCE: The following were present: Kevin Foley, Chairman;William B. Duffy, Jr.; John Leeman; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager. APPROVAL OF MINUTES: October 21, 1995 -David Torrisi made a motion, seconded by John Leeman,to approve the minutes of October 21, 1996; vote approved 5-0. FIRE DEPARTMENT -ACCEPTANCE OF DONATION FROM AEG SCHNEIDER: John Leeman made a motion, seconded by Donald Stewart,to accept the donation of$ 1,000 from AEG Schneider for the Fire Department's Fire Safety Trailer Account and to request that a letter of thanks from the town to be sent to the donator; vote approved 5-0. TAX CLASSIFICATION PUBLIC HEARING: Garrett Boles, Chief Assessor, presented to the Board of Selectmen an analysis of the impact of classification on the tax rate. Mr. Boles discussed the issuance of abatements and how these abatements effect the classification shift. Mr. Paul Miller of the Chamber of Commerce requested that the Board consider a reduction in the Commercial, Industrial, and Personal property tax rates. Business owners and residents also discussed classification. Mr. Samuel Ameen a business and residential property owner discussed the need to classify in a fair manner. A slide presentation showed the impact of shifting the classification rate from residential to CIP at 8%, 12%and 15%. Historically,the shift has been calculated at 8%and the 1996 tax rate was $ 14.10 residential and$ 15.47 for CIP. John Leeman requested a spreadsheet from Mr. Boles indicating the assertion that there is no shift in the tax burden after accounting for the new growth. John Leeman made a motion, seconded by William Duffy,to continue this public hearing until Monday, November 25, 1996. Mr. Torrisi objected to this date being that he will not be in town on that date; vote approved 4 - 1 (David Torrisi opposed). COMMUNICATIONS,ANNOUNCEMENTS AND PUBLIC COMMENT: The following are the communications presented to the Board. • Chief Stanley requested to place "Buckle Up" signs on various roadways. • The Air Force issued a Press Release regarding the Recreation field project at the Cyr Recycling Area. • The Massachusetts State Lottery Commission issued a notification of the public hearing for a Keno License Application of the VFW Post- Club 2104. • FEMA has issued disaster recovery assistance information which will be distributed. LICENSING COMMISSIONERS: Donald Stewart made a motion, seconded by John Leeman, for the Board to move into Licensing; vote approved 5-0. Application for a Common Victualler's License- Stephen Forte Alfano,All American Restaurant Group, Inc. - 164 Sutton Street -Attorney Domenic Scalise represented this license applicant to the Commission. This restaurant is proposed to have 34 seats and the applicant has been before the Zoning Board of Appeals seeking relief for the size of the parking spaces as well as the width of the aisleway. Board of Selectmen Minutes November 18, 1996 Page 2. William Duffy made a motion, seconded by Kevin Foley,to approve this license application contingent upon the Fire Chief's recommendation to approve, as well as the expiration of the Zoning Board of Appeal's Notice of Appeal; vote approved 5-0. Application for Automatic Amusement Device License- 2 Pool Tables and 1 Juke Box- Clark Street Holding, Inc. d/b/a Little Richard's Roadhouse, 1120 Sutton Street -John Leeman made a motion, seconded by Kevin Foley,to grant the Automatic Amusement Device License, as requested by Clark Street Holding, Inc., d/b/a Little Richard's Roadhouse, 1120 Sutton Street; vote approved 5-0. Discussion Regarding Request To Defer A Portion Of 1997 License Fee Of Culpeppers -John Leeman discussed with the Commission the request from Culpeppers to defer payment of one half of the 1997 license fee until January 31, 1997. Culpeppers has requested this payment deferral due to the fact that it paid$ 1,800 in June 1996 with the original license application and has just received request from the Town to pay an additional $ 1,800 in November. William Duffy made a motion, seconded by Kevin Foley,to defer$ 900 of the All Alcoholic Beverages/Common Victualler's License fee for to Carl DisCepolo, Culpeppers Pub and Grill until January 31, 1997, and to make the receipt of this payment a stipulation on the license; vote approved 5-0. Discussion Of Policy On Pro Rating License Fees -John Leeman discussed with the Commission a policy for pro-rating liquor license fees for businesses which are in operation for a portion of the fiscal year. The policy Mr. Leeman would like to address would only be for the first fiscal year a business is in operation. John Leeman requested information pertaining to the administrative costs of issuing the licenses, as well as an analysis of what the impact of pro-rating would have been over the past two years. Kevin Foley made a motion, seconded by William Duffy,to table discussion of pro rating license fees; vote approved 3 -2 (John Leeman and Donald Stewart opposed). Kevin Foley made a motion, seconded by John Leeman,to move out of licensing; vote approved 5-0. TRAFFIC ADVISORY COUNCIL RECOMMENDATIONS: The following are the recommendations of the Traffic Advisory Council for consideration by the Board of Selectmen. Mr. Scott presented the recommendations to the Board: 1. Bucklin Road and Peterson Road-Request for Caution Children signs. Recommendation is to erect signs on the two streets at locations recommended by the Police Department. 2. Marbleridge Road Truck Exclusion-This request will be added to the study for Abbott Street truck exclusion. 3. Foster Street-the intersections of Foster, Lost Pond Lane, Foster and Wintergreen, and Foster and Winter are a concern regarding the failure of streets entering Foster to yield to the traffic on Foster. The recommendation is to place stop signs on the above streets entering Foster and place a dangerous intersection sign on either side of the intersection of Foster and Wintergreen at the curve. 4. Lancaster Road-The request is for signs around Lancaster Circle indicating a Deaf Child and Caution Children signs. The recommendation is to grant the request. 5. School Street Parking Limits -The request is for a limitation on parking on School Street to provide more appropriate parking to the retail and residential needs. The recommendation is to limit parking to 30 minutes with a provision for stickers for longer term parking for residents of School Street. The 30 minute limitation shall extend between signs with the first signs at the first parking space property line of the residence and not into the area adjacent to the school. Therefore,the restricted area would not encompass the dance school building. Board of Selectmen Minutes November 18, 1996 Page 3. Donald Stewart made a motion, seconded by John Leeman,to approve the recommendations, as listed above, of the Traffic Advisory Council; vote approved 5-0. LEGAL AFFAIRS SUBCOMMITTEE UPDATE: David Torrisi of the Legal Affairs Subcommittee discussed with the Board of Selectmen the recent practice of appointing special counsel to represent the town through various litigation suits. It is the opinion of the subcommittee that the Board of Selectmen should re-examine the appointment of Town Counsel, being that the Board is appointing Special Counsel frequently. However, Mr. Torrisi suggested that the town issue a Request for Proposals to represent the town, as Town Counsel. William Duffy made a motion, seconded by David Torrisi,to issue a Request for Proposals for Legal Counsel for the Town and to invite all the businesses interested including the present Town Counsel to submit bids; motion was not voted and restated. Mr. Duffy of the subcommittee discussed his preference of Town Counsel being from the local area. Mr. Leeman discussed his concern that Town Counsel had just been recently re-appointed after an RFP process and the town should be making a commitment to a firm for more than one year. He also stated that the RFP should address response times, as well as the invoicing procedures. Mr. Foley stated that he did not think the town is at the point of needing to issue an RFP, and Mr. Stewart requested that the subcommittee give some justification to support their request to issue an RFP. William Duffy made a motion, seconded by David Torrisi,to prepare a Request for Proposals for legal representation for the Town to present to the Board of Selectmen at the next possible opportunity; vote approved 3-2 (Kevin Foley and Donald Stewart opposed). ANDOVER STREET IMPROVEMENTS: Kevin Foley requested that the Board hold a public hearing on the proposed improvement plan. Discussions of these improvement will be discussed during this hearing. (i.e., widening Andover Street near Chickering Road to allow better egress for motorists wishing to turn right onto Chickering Road from Andover Street.) This suggestion is to include requesting an estimate for any additional improvements not specified in the agreement,thus allowing the opportunity to negotiate with Mass Highway for additional funds. John Leeman made a motion, seconded by David Torrisi,to hold a public hearing at the next possible time on the proposed improvements to Andover and Osgood Streets and to make the plans available at the Public Works Office; Mr. Leeman rescinded this motion. George Perna, Public Works Director, requested that the Board vote to accept the agreement and at the public hearing,the improvements can be discussed. Mr. Foley requested that drainage, water rehabilitation, full depth construction, as well as curbing be included in the discussions. MASS HIGHWAY- TOWN OF NORTH ANDOVER AGREEMENT #7791 -ANDOVER- OSGOOD STREETS: John Leeman made a motion, seconded by Donald Stewart,to accept the agreement# 7791 between the Town of North Andover and Mass. Highway for the discontinuance of 1.5 miles of state road in North Andover, specifically Andover/Osgood Streets; vote approved 5-0. John Leeman made a motion, seconded by David Torrisi,to proceed with the preliminary design on the project and to have the plans available when ready; vote approved 5-0. Board of Selectmen Minutes November 18, 1996 Page 4. USE OF THE OLD CENTER COMMON- HOLIDAY FESTIVAL COMMITTEE - NOVEMBER 30, 1996: The Holiday Festival Committee has requested permission to change the date of the festival from Sunday, December 1, 1996 to Saturday,November 30, 1996. John Leeman made a motion, seconded by David Torrisi,to approve this request; vote approved 5-0. FUND RAISING POLICY: The Board of Selectmen discussed the proposed fund raising policy. William Duffy made a motion, seconded by John Leeman,to amend the policy by inserting the words "or its designee"in two places indicating that the Board of Selectmen may approve "or its designee"; vote approved 5-0. William Duffy made a motion, seconded by John Leeman,to approve the amended policy; vote approved 4- 1 (David Torrisi opposed). BREWSTER STREET - NOTICE OF INTENT TO ASSESS BETTERMENTS: William Duffy made a motion, seconded by Donald Stewart,to accept the order to assess betterments for the Brewster Street improvements; vote approved 5-0. STEVENS ESTATE (i� OSGOOD HILL - BOARD OF TRUSTEES: Mr. Scott, Community Development and Services Director, discussed with the Board of Selectmen the establishment of a Board of Trustees to oversee the facility, as well as a schedule for the Osgood Hill project implementation by spring Town Meeting. The following are the steps that Mr. Scott recommends the town to use: 1. Establish the methodology for appointment and powers, generally, of the Osgood Hill Board of Trustees. Appoint the Trustees. 2. Establish bylaws and or other regulations and the scope of the Trustees' responsibilities (i.e. separation of the open space from estate grounds). 3. Retain a consultant to assist in finalizing prior report and determine the appropriate mix of uses and develop a report and concept plans on recommendations for site alternatives. 4. Hold a public hearing on the proposed uses prior to developing RFP for the third party operator. 5A. Establish a Request for Proposals for a private third party operator. Determine the improvements required to the building to meet the intended uses. Establish the lease agreement and any and all other agreements and include in the RFP for the third party operator. 5B. Search all available funds for grants and begin the application process. Based on funding availability adjust above RFP to reflect improvement to be done by third party operator. 6. Select third party operator subject to town meeting. 7. Hold a public hearing prior to Town Meeting to review plans of third party operator with public. 8. Lease approval from Town Meeting. 9. Begin work on final design for improvements. John Leeman made a motion, seconded by David Torrisi,to move ahead with establishing a Board of Trustees for the Stevens Estate @ Osgood Hill, as indicated in the outline presented by Mr. Scott; Mr. Leeman restated the motion, as follows. The Board discussed the order of the steps indicated for the process to be utilized for establishing this Board and to move forward to prepare for the spring Town Meeting. Mr. Duffy expressed concern to the order of steps 5 - 9. Board of Selectmen Minutes November 18, 1996 Page 5. John Leeman made a motion, seconded by David Torrisi,to move forward with establishing a five member Board of Trustees for the Stevens Estate @ Osgood Hill, as indicated in the outline presented by Mr. Scott and to advertise for members of this board in the local newspaper; vote approved 4-1 (William Duffy opposed). FISCAL YEAR 1998 BUDGET MESSAGE: The Town Manager presented the Fiscal Year 1998 Budget Message which included the newly adopted goals. The Town Manager will present two budgets. One budget will assume $ 42,000,000 in revenue which will require reductions within the budget. The other budget will identify certain levels of services in the event of additional revenue. Fiscal Year 1998 Budget Policy Statement-The Board discussed the Budget Policy Statement, as presented by the Town Manager, and Mr. Duffy suggested three amendments. William Duffy made a motion, seconded by John Leeman,to amend the Budget Policy Statement, as suggested; vote approved 5-0. William Duffy made a motion, seconded by John Leeman,to adopt the Budget Policy Statement, as amended; vote approved 5-0. AIRPORT DEVELOPMENT PROJECT: William Scott, Director, Division of Community Services and Development, discussed with the board the proposed airport development project which the Town of North Andover will be working on together with the City of Lawrence and the Massachusetts Development Finance Authority. Elaine Finbury will be project manager from the Massachusetts Development Finance Authority. On behalf of the City of Lawrence, Attorney Arthur McCabe,the economic development coordinator of this project, discussed with the Board the benefits to be realized by both North Andover and Lawrence by the development of this area. Attorney McCabe explained a scenario of the a proposed Home Rule Petition to create a special tax district to facilitate the tax sharing. John Leeman discussed his concerns for North Andover, as host community,that should be discussed during the negotiations of this development. DRAFT SEXUAL HARASSMENT POLICY: A draft sexual harassment policy was submitted to the Board for review by the Personnel Director. William Duffy made a motion, seconded by John Leeman,to adopt this policy; motions was withdrawn for further discussion. Mr. Foley recommended stronger education for the purposes of prevention and a more detailed investigation policy, as well as confidentiality. He also recommended that the Personnel Director be trained for the purposes of that individual training the department heads. William Duffy made a motion, seconded by David Torrisi,to appoint a subcommittee to review the draft policy; vote approved(4 - 1 Kevin Foley opposed). Kevin Foley and John Leeman are the subcommittee for this project. APPOINTMENT - MASTER PLAN SUB COMMITTEE: John Leeman made a motion, seconded by David Torrisi,to appoint Susan Dennett to the Master Plan sub committee; vote approved 5-0. Board of Selectmen Minutes November 18, 1996 Page 6. SEWER EXTENSION- 1925 GREAT POND ROAD: George Perna, Director, Division of Public Works, discussed with the Board of Selectmen the request of a resident to be tied into the sewer system. This request has been brought forward due to a septic system failure at this location. Mr. Perna recommended moving forward with this tie in, as well as the two other lots in the area, with an assessment rate of$ 3,858 and to take this cost out of the Phase III project. William Duffy made a motion, seconded by Donald Stewart,to accept the recommendation of Mr. Perna and assess at the rate of$ 3,858 and to take it out of the Phase III;William Duffy withdrew his motion. Members of the board discussed the need to notify the abutters to this project. William Duffy made a motion, seconded by David Torrisi,to have the abutters notified of the potential action to accept George Perna's recommendations as well as the request to authorize the extension of Phase III sewer, and to assess the abutters at$ 3,858; vote approved 5-0. NORTHEAST SOLID WASTE COMMITTEE UPDATE: Attorney Kenneth Kimmell, special counsel for the NESWC contract negotiation, discussed with the board the regulation of truck routes. Mr. Kimmell explained the options of the Board of Health regulating the haulers through town by requiring permits (system for identification can be built into or have haulers have a something affixed to the side indicating that the vehicle is permitted), and require statement of registration for out of the area haulers passing through the town. Mr. Kimmell will have more information to present to the Board after the Board of Health reviews the situation. William Duffy made a motion, seconded by John Leeman,that the Board is strongly in favor of Attorney Kimmell proceeding with developing the truck route regulations; vote approved 5-0. EXECUTIVE SESSION: John Leeman made a motion, seconded by William Duffy, for the Board to move into Executive Session for the purposes of discussing ongoing litigation, host community issues with NESWC (negotiations and strategy) and the value of land of the proposed for the Youth Center;the Board was individually polled and voted unanimously to move into Executive Session. Melissa A. Powers, Administrative Secretary David Torrisi