HomeMy WebLinkAbout1997-04-16 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 16, 1997
CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 6:55 PM.
ATTENDANCE: The following were present: Kevin Foley, Chairman; John Leeman; Donald Stewart;
David Torrisi; (Mr. Duffy was not present); and Robert J. Halpin, Town Manager.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
Resignation of Maria Ward from the Historical Commission and the Historic District Commission-
John Leeman made a motion, seconded by David Torrisi,to accept with regret the resignation of
Maria Ward from the Historic District Commission and the Historical Commission and request that a letter
of thanks for her services be sent of behalf of the Board; vote approved 4-0.
Report from Consultant Re: Police Department Employee Management Relations Improvement Effort -
Donald Stewart expressed his displeasure that a report pertaining to the Police Department study was
received by the town without him being notified of that fact. He stated that he did not learn of this fact
until Tuesday, from a newspaper article. He requested to know why the report was returned to the
consultant and by who's authority the return took place. Mr. Foley reminded Mr. Stewart that Mr. Foley
attempted to contact him by telephone a number of times, and Mr. Stewart did not return the calls.
Mr. Halpin stated that it is routine practice with consultants and managers to receive draft copies of
reports, as a professional courtesy to the consultant and for the clients to have an opportunity to check for
compliance with the Request for Proposals prior to release. Concerned about the premature release of such
a draft print and the official presentation of the report,the Town Manager limited the number of copies to
three and drafts were given to the following:
Robert J. Halpin, Town Manager
Kevin Foley, Chairman
Richard M. Stanley, Chief of Police
Mr. Halpin stated that he made general observations that the draft"Introduction"and the "Overview"were
out of step with the Request for Proposals (i.e. the Town Manager requested the first ten to twenty pages to
be further reviewed by the Consultant.) The next Board meeting will have the consultant present to discuss
this report. On the Friday before the Board meeting,the report will be distributed to the Board of
Selectmen, Chief of Police and the two Union associations.
LICENSING COMMISSIONERS: John Leeman made a motion, seconded by Donald Stewart,to move
into licensing; vote approved 4-0.
Camelot Building Association, Inc., 505 Sutton Street. - Change of manager request from Kevin Hayes
Philip Kandrut-John Leeman made a motion, seconded by Kevin Foley,to approve this change of
manager; vote approved 4-0.
Fuddruckers Restaurant, 550 Turnpike Street. - Change of manager request from Gina Greishaber to
Lisa Shewhan. -David Torrisi made a motion, seconded by John Leeman,to approve this change of
manager; vote approved 4-0.
Board of Selectmen Minutes Page 2.
Merrimack College Request for Two One-Day :icenses -Maryellen Mc011iton-Wine &Malt Beverages
License - Cascia Hall -April 22 from 5:00 PM - 7:00 PM for a Senior/Faculty Reception and a Wine &
Malt Beverages License - Cascia Hall -April 30 from 6:00 PM - 12:00 AM for a Business Banquet-
Kevin Foley made a motion, seconded by David Torrisi,to grant these licenses; vote approved 4-0.
Mr. Leeman reminded Bruce Baker, Merrimack College, of the previous concerns which have arisen at
functions at this facility.
William Buco -Wine &Malt Beverages License -Volpe Center at Merrimack College May-May-May 31 from 7:00
PM - 12:00 AM for a Fundraiser for the Paintidosi Trust Fund-Kevin Foley made a motion, seconded by
John Leeman,to grant this license and to waive the fee; vote approved 4- 0.
Kevin Foley made a motion, seconded by John Leeman,to move out of licensing and back into regular
session; vote approved 4-0.
APPOINTMENT OF SPECIAL COUNSEL: David Torrisi made a motion, seconded by John Leeman,
to appoint Attorney Thomas Urbelis, as Special Town Counsel for the purpose of rendering an opinion
concerning the role of the Board of Selectmen in either approving or disapproving the termination of
employment of a Division Head under the Town's charter, and to designate Attorney Urbelis as a Special
Municipal Employee under Chapter 268A for the purpose of this appointment; vote approved 4-0.
REVIEW AND RECOMMENDATIONS OF ANNUAL TOWN MEETING WARRANT
ARTICLES: Report of Master Plan-This article will be presented to the Board on April 22, 1997.
Stevens Estate n, Osgood Hill Articles -Authorization of Revolving Fund and Establishment of Bylaws -
Attorney Albert Cullen and Attorney Marc Torrisi spoke to the board explaining the intentions of both of
these articles. The proposed bylaws were presented to the Board.
John Leeman made a motion, seconded by Donald Stewart,to make a recommendation pertaining to the
Bylaw article at Town Meeting; vote approved 4-0. The Board will continue to review the proposed
bylaws.
John Leeman made a motion, seconded by David Torrisi,to recommend favorable action at Town Meeting
on the Revolving Fund article; vote approved 4-0.
Citizen Petitions -By-Albert Manzi, III - Conservation Restriction n, Osgood Hill and Conservation
Restriction on the Town Farm-John Leeman made a motion, seconded by Donald Stewart,that the Board
of Selectmen will make recommendations pertaining to these two articles at Town Meeting; vote
approved 4-0.
Special Industrial Assessment District-John Leeman made a motion, seconded by David Torrisi,to
favorably recommend this article; vote approved 4-0.
Special Legislation to Add a North Andover Representative to the Greater Lawrence Sanitary District
Board of Commissioners -John Leeman made a motion, seconded by Donald Stewart,to favorably
recommend this article at Town Meeting; vote approved 4-0.
Intermunicipal Agreement with Andover-Water Supply-The Town Manager reported that a similar
article was approved by the Andover Town Meeting. John Leeman made a motion, seconded by
David Torrisi,to favorably recommend this article at Town Meeting; vote approved 4-0.
Board of Selectmen Minutes Page 3.
Date of Annual Town Election-John Leeman made a motion, seconded by Donald Stewart,to favorably
recommend this article at Town Meeting; vote approved 4-0.
Bylaw Amendment-Declare a 2/3 Vote Without a Hand Count-John Leeman made a motion, seconded
by Donald Stewart,to favorably recommend this article at Town Meeting; vote approved 5-0.
Community Septic Management Program-John Leeman made a motion, seconded by David Torrisi,to
recommend favorable action at Town Meeting; vote approved 4-0.
Citizen Petition-Lottie Hackett-Noise Byl -John Leeman made a motion, seconded by Donald Stewart
,to recommend favorable action at Town Meeting; vote approved 4-0.
Order of Warrant Articles -The subcommittee established to order the warrant articles presented to the
Board their suggested order of articles. John Leeman made a motion, seconded by Donald Stewart,to
number the articles within the warrant as presented by the subcommittee; vote approved 4-0.
PRESENTATION OF METHODS TO IMPLEMENT TRASH FEES: The Town Manager and
Joanne Bissetta of the Department of Environmental Protection presented to the Board of Selectmen the
options for consideration in implementing trash fees. This presentation included fee options and policy
options for solid waste user fees. In consideration of the options,the Board was presented the point that
there will be choices of collection for the consumer,the consumption will vary as a result of the choices,
and the fee and choices will encourage conservation. Also,the town will be impacted by the availability of
choices to the consumers to possibly choose private haulers,the town needs to meet the guaranteed annual
tonnage at the MRI facility and private haulers are not required to dump at the NESWC facility. If the
private hauler does dump at the NESWC facility,this refuse is not included in the calculation ofor the
town's GAT calculation. The Town Manager's presentation also suggested consideration of basing its fee
on the amount of solid waste disposed and consideration of an equitable fee for elderly and smaller families.
The Town Manager presented a hybrid method of implementing a fee system in which the basic cost is
included in the tax rate and the additional costs above and beyond will be recovered with the user fee.
John Leeman made a motion,to advertise for a subcommittee to explore administratively the
implementation of trash fees. After discussion, Mr. Leeman withdrew his article and the Board agreed to
establish a set of guidelines for the implementation of trash fees committee to consider.
EMERGENCY OPENING OF ANNUAL TOWN MEETING WARRANT: John Leeman made a
motion, seconded by Donald Stewart,to open the Annual Town Meeting warrant for emergency purposes;
vote approved 4-0. The Board discussed the need to insert an article the following articles:
Textile Museum Renovation Article
Amend Zoning Bylaw- Section 8.1 Off Street Parking
John Leeman made a motion, seconded by Donald Stewart,to include both articles for consideration in the
annual town meeting warrant; vote approved 4-0. David Torrisi made a motion, seconded by John
Leeman,to re-close the warramt; vote approved 4-0.
ADJOURNMENT: Donald Stewart made a motion, seconded by John Leeman,to adjourn this meeting at
8:05 PM; vote approved 5-0.
Board of Selectmen Minutes Page 4.
Melissa A. Powers, Administrative Secretary David Torrisi, Clerk of the Board