HomeMy WebLinkAbout1996-10-21 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 21, 1996
CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:35 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.
APPROVAL OF MINUTES: September 27, 1996 and October 7, 1996 -David Torrisi made a motion,
seconded by Donald Stewart,to approve the minutes of September 27, 1996 and October 7, 1996; vote
approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, & PUBLIC COMMENT: Curbside Leaf Pickup -
Residential leaf curbside pickup will be Saturday,November 23 and December 7. Leaves must be in
biodegradable bags and be curbside by 7:30 AM. The Cyr Recycling Center is open on Tuesday,
Thursday, and Saturday from 8:00 AM until 3:30 PM.
NESWC Public Forum- October 24, 1996 -The resumption of the NESWC public forum will be
October 24, 1996 at 7:00 PM at the AV Studio at the North Andover High School.
Lt. Edward Morgan-Firefighter of the Year Award-Lt. Edward Morgan of the North Andover Fire
Department will be honored on Tuesday, October 22, 1996 at a breakfast for being named the Firefighter
of the Year.
LICENSING COMMISSIONERS: John Leeman made a motion, seconded by David Torrisi, for the
Board of Selectmen to move into licensing; vote approved 5-0.
One-day full-liquor license for Evy Gillette, Manager, Stevens Estate n, Osgood Hill - October 25, 1996
from 6:00 PM - 12:00 PM for Sharon Madden-Masquerade Ball -William Duffy made a motion,
seconded by David Torrisi,to approve the one-day full-liquor license for Evy Gillette, Manager, Stevens
Estate @ Osgood Hill for a masquerade ball on October 25, 1996 from 6:00 PM - 12:00 PM; vote
approved 5-0.
Common Victualler's License application- Samuel J. Ameen, Jr. -Mobil Mart at 12 Massachusetts
Avenue -John Leeman made a motion, seconded by Kevin Foley,to grant a Common Victualler's License
to Samuel J. Ameen, Jr., Mobil Mart at 12 Massachusetts Avenue; vote approved 5-0.
Kevin Foley made a motion, seconded by John Leeman,to move back into regular session; vote
approved 5-0.
PUBLIC HEARINGS - SPECIAL TOWN MEETING WARRANT ARTICLES: Noise Control
Bylaw-William Scott, Director, Division of Community Services and Development, presented the Noise
Control Bylaw with changes to be included during the Town Meeting. These changes included numbering
for the inclusion of this bylaw within the Town Code, as well as additional enforcement language.
Roadway Acceptances -Hawthorne Place -The Town Manager recommended that the Board of Selectmen
recommend favorable action on this warrant article. Attorney Philip Sullivan represented John McGarry,
Oak Trust, owner of the roadway. Public Works reported that this roadway has been constructed to the
town's standards. The Planning Board has not provided a recommendation due to an outstanding issue
Board of Selectmen Minutes October 21, 1996 Page 2.
pertaining to the donation of some land along the Shawsheen River to be used as part of a bicycle path.
Counsel for Mr. McGarry stated that this land is not owned by Mr. McGarry.
Portions of Blue Ridge Road, South Bradford Street, and Lancaster Road in its Entirety-Public Works
reports that these roadways are constructed to the Town's standards and the Planning Board recommends
favorable action at Town Meeting pending receipt of a layout plan and release forms.
Brewster Street-Public Works reports that his roadway is constructed to the Town's standards and the
Planning Board recommends favorable action pending receipt of a layout plan and release forms. The town
is in the process of collecting $ 110 from each property owner to pay for the land survey.
Take Over of Privately Owner Sewer Pump Stations -The Town Manager stated that the town will take
over the following sewer pump stations after town meeting approval: Holly Ridge, Andover Bypass,
Hawthorne Place and Great Pond Road near Rea's Pond. The take over of the following pump stations
will be discussed at a later date: Blue Ridge Road, Dale Street and Turnpike Street.
PRESENTATION OF FEASIBILITY STUDY AND REQUEST FOR PROPOSALS OF THE
PUBLIC SAFETY FACILITY: William Scott, Director, Division of Community Services and
Development, presented a schedule of tasks to be accomplished to in order to be able to provide detailed
information to be presented at town meeting. The feasibility study will include the potential uses of the
Town Hall usage analysis.
BETTERMENT ASSESSMENTS - PHASE II AND PHASE IIIA: Commitment of Betterment
Assessments -John Leeman made a motion, seconded by Donald Stewart,to formally allow the
assessments to issue and become legal obligations, as part of the Phase II and Phase IIIA sewer projects;
vote approved 5-0.
BETTERMENT ASSESSMENTS - PHASE IIIB: Notice of Intent of Assess Betterments -
William Duffy made a motion, seconded by John Leeman,to issue the statement of the notice of intent to
assess betterments as part of the Phase IIIB sewer project; vote approved 5-0.
BETTERMENT ASSESSMENTS - PHASE IIIC - PROCEDURES: The Town Manager discussed
with the Board the recommendations from Town Counsel of procedure in the issuance of any betterment
assessments. Town Counsel's recommends the following steps to issue betterment assessments in the
future:
1. The town meeting votes, which appropriates the funding for the project, should specify the
assessments formula, as recommended in the Selectmen's policy statement.
2. That the rate of interest for those residents opting for apportionment be included in the town
meeting vote, as recommended in the Selectmen's policy statement.
3. If it is the intention of the Town to allow owners of vacant land to defer payment of the assessment
until such time as building permits are obtained,this deferral should be authorized by town meeting
vote at the time of authorization, as well.
4. That the Statement of Intent to Assess Betterments be recorded at the Registry of Deeds following
the town meeting vote.
Board of Selectmen Minutes October 21, 1996 Page 3.
The Board discussed concern that these recommendations were not presented to the Board of Selectmen
prior to the issuance of the betterment assessment policy. John Leeman made a motion, seconded by
David Torrisi,to send a letter to Kopelman&Paige indicating the Board's displeasure with how Town
Counsel handled the advise regarding the issuance of betterments assessments and that Town Counsel
should award the Board more consideration; vote approved 5-0.
FISCAL YEAR 1998 REVENUE ESTIMATES: The Town Manager and Kevin F. Mahoney, Director
of Finance and Administration, presented to the Board of Selectmen the Fiscal Year 1998 revenue estimate
projections. The following is the summary of the Town Manager's revenue estimates based upon the
Finance Director's detailed estimates which were also presented to the Board.
Property Taxes -The property tax estimate is a straight calculation of the maximum levy under Proposition
2 '/2 assuming approximately$40,000,000 in new property valuation due to new growth. The total
property tax levy grows by an additional $816,416 due to increasing excluded debt service. (This
$816,416 increase is directly offsetting increased principal and interest costs.)
State Aid-The Finance Director has assumed a$341,744 increase in state aid. The Town Manager
concurs with the Finance Director's estimate of$ 341,744 increase in state aid.
Local Receipts -There are a variety of one-time revenues which were received during FY 1996 from the
Edgewood Development which are not being programmed in the FY 1998 estimate. Therefor,there is a
modest increase in Local Non Property Tax Receipts. The Town will begin receiving approximately
$344,000 in a payment in lieu of taxes (PILOT) from Edgewood. Water and Sewer Rates have been level
funded at current year total revenue with the understanding that the Board will review water and sewer
rates for FY 1998 in January. The Town Manager will be arranging a meeting between himself,the
Finance Director,the Board's Revenue Subcommittee to discuss the revenue estimates.
John Leeman requested the following information from the Finance Director: The FY 97 numbers in state
aid and local receipts as well as a breakdown of property receipts over the last five years.
APPOINTMENTS: Local Arts Council -David Torrisi made a motion, seconded by John Leeman,to
appoint Lisa Loosigian to the Local Arts Council effective immediately for a three-year term expiring June
30, 1999; vote approved 5-0.
SPECIAL TOWN MEETNG WARRANT RECOMMENDATIONS: The Board of Selectmen issued
the following votes for recommendations of Town Meeting warrant articles:
Article 3 - John Leeman made a motion, seconded by Donald Stewart,to issue a recommendation at Town
Meeting; vote approved 5-0.
Article 4 - William Duffy made a motion, seconded by John Leeman,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 5 - John Leeman made a motion, seconded by David Torrisi,to issue a recommendation of
favorable action; vote approved 3-1-1 (William Duffy opposed and Donald Stewart present).
Article 6 - John Leeman made a motion, seconded by David Torrisi,to issue a recommendation at Town
Meeting; vote approved 5-0.
Board of Selectmen Minutes October 21, 1996 Page 4.
Article 7 - William Duffy made a motion, seconded by John Leeman,to issue a recommendation at Town
Meeting; vote approved 5-0.
Article 8 - John Leeman made a motion, seconded by Donald Stewart,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 9 - John Leeman made a motion, seconded by William Duffy,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 10 -John Leeman made a motion, seconded by Donald Stewart,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 11 -John Leeman made a motion, seconded by David Torrisi,to issue a recommendation at Town
Meeting; vote approved 5-0.
Article 12 -David Torrisi made a motion, seconded by John Leeman,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 13 -John Leeman made a motion, seconded by Donald Stewart,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 14 -John Leeman made a motion, seconded by Donald Stewart,to issue a recommendation at Town
Meeting; vote approved 5-0.
Article 15 -John Leeman made a motion, seconded by David Torrisi,to recommend favorable action at
Town Meeting but to change the amount of the fund to whatever the fine is allowable under
Massachusetts General Laws; vote approved 5-0.
Article 16 -John Leeman made a motion, seconded by Donald Stewart,to recommend favorable action at
Town Meeting; vote approved 5-0.
Article 17 -John Leeman made a motion, seconded by Donald Stewart,to recommend favorable action at
Town Meeting provided the town meets the eligibility requirements; vote approved 5-0.
Article 18 -John Leeman made a motion, seconded by Donald Stewart,to recommend favorable action at
Town Meeting; vote approved 4-1 (David Torrisi opposed). Mr. Torrisi is opposed to a fee
being charged.
DISCUSSION REGARDING PROPOSED FUND RAISING POLICY: The Board discussed the
proposal of a fund raising policy to oversee fund raising activities by town departments. A draft policy
was submitted for review. This same draft policy will be sent out to all town departments requesting their
review for input and suggestions.
UPDATE - DEN ROCK DEVELOPMENT -WATER CONNECTION: Attorney Arthur McCabe
discussed with the Board of Selectmen the proposed Den Rock Development project and the request of the
developers to be able to tie into the Town's water system. The Town is working on developing a workable
agreement between North Andover and Andover to address the water connection request. The Town
Manager stated that after November 1, he will have more information to present to the Board regarding this
potential agreement. The Board discussed the following concerns of the Town of North Andover which
Board of Selectmen Minutes October 21, 1996 Page 5.
will need to be addressed: traffic impacts, drainage problem and the water. John Leeman requested a copy
of the traffic study, as well as the conservation related information on this project. The Town Manager
recommended that the project continue with open dialogue between the developer and the municipalities.
EXECUTIVE SESSION: John Leeman made a motion, seconded by David Torrisi, for the Board of
Selectmen to move into Executive Session for the purposes of discussing the value of real estate for
negotiations pertaining to the Phase IIIB sewer easements and the Textile Museum Warehouse as well as
updating the Board of Selectmen on the Police Department collective bargaining status. The Board
members were individually polled and voted unanimously to move into Executive Session.
Melissa A. Powers, Administrative Secretary David Torrisi, Clerk of the Board