HomeMy WebLinkAbout1997-08-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 18, 1997
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; and Robert J. Halpin, Town Manager.
APPROVAL OF MINUTES: July 14, 1997 and August 4, 1997 -David Torrisi made a MOTION,
seconded by William Duffy,to approve the minutes of July 14 and August 4, as submitted; vote
approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS & PUBLIC COMMENT: Proclamation-Foster Care
Week-Donald Stewart made a MOTION, seconded by Kevin Foley,to proclaim August 18 -August 23
as Foster Care Week in the Town of North Andover; vote approved 5-0. Two representatives of the
Department of Social Services in Lawrence were at the meeting to receive the proclamation. Mr. Foley
thanked the Stewart family for their many years of services to foster children, in their home.
School and Municipal Building and Facilities Studies Meeting -The Town Manager notified the Board that
a School and Municipal Building and Facilities Studies meeting will be held on Thursday, August 28, 1997
at 7:00 PM at the Stevens Memorial Library. This meeting will be an information session on each project
and study.
Senior Center Ground Breaking Ceremony-The ground breaking ceremony for the Senior Center will be
held on August 27, 1997 at 9:00 AM.
Grant Application Filed-Department of Environmental Management for the Preservation and Maintenance
of the Old Center Common-The Chairman announced that the Director of Community Development has
filed the above referenced grant application on behalf of the Town.
Police Department Management Study-Mr. Foley discussed the report of the consultant which was
presented to the Board of Selectmen in April, 1997 as a result of the research conducted for the Employee
Relations Improvements Effort for the North Andover Police Department. Kevin Foley made a MOTION,
seconded by William Duffy,to adopt the Management Study and to implement the recommendations within
the report. As part of this motion,the following statement was read by Mr. Foley:
The Board of Selectmen does not agree or disagree with the portion of the report dealing
with the history of and blame for the poor relations between police management and the
police patrolmen's union. Based upon the information available to him, it is
understandable how the consultant reached those conclusions, however, the Board notes
that the findings and conclusions on these issues were not part of the scope of the
project. Therefore, they were not weighed in the Board's decision to adopt the report as
written and implement its recommendations immediately.
The following comments were offered during discussion. David Torrisi stated that the motion is a surprise
(unexpected) so,therefore, he will vote against it. He also stated that in his opinion the board needs to have
a public discussion with the main author of the report (Charles Hale), as well as the Police Chief and the
Union. Mr. Stewart commented that he thought the Board was waiting for the meeting between the Board,
the Author and the representatives of the Police Union. Mr. Leeman stated that he agreed with
Board of Selectmen Minutes Page 2.
David Torrisi's comments. Mr. Foley commented that he would like to see the report of the subcommittee
(the subcommittee was to compare the draft report with the final report). Mr. Foley also commented that
he felt is it unfair to the Town Manager, Police Chief(whom he feels has done a great job),the Union and
the Town who paid for the report. The motion to accept the report and implement the recommendations
was then brought for a vote and failed 2 - 3 (John Leeman, David Torrisi, and Donald Stewart opposed).
Kevin Foley made a MOTION to not accept the Management Study Report; motion failed to be seconded.
Mr. Foley requested that the record reflect that he attempted action be taken by the Board on this item.
LICENSING COMMISSIONERS: David Torrisi made a MOTION, seconded by Kevin Foley, for the
Board of Selectmen to move into licensing; vote approved 5-0.
Continuation of Public Hearing -Livery License Application-Robert Vargas d/b/a Andover Limousine, 85
Main Street, Unit B -The Zoning Enforcement Officer maintains the opinion that there are only 2 parking
spaces available and the applicant requires four spaces. William Duffy made a MOTION, seconded by
David Torrisi,to refer this to the Town Counsel to clarify the interpretation of the Zoning Bylaw, as well
as provide information as to the applicant's appeal rights; vote approved 5-0. The Board also indicated that
the applicant may continue to operate the business as presently operated, until the town has the opinion
from Counsel.
Evy Gillette, Manager, Stevens Estate A Osgood Hill -Request For a One Day Wine and Malt Beverages
License for the FTP Software Party on August 20 from 12:00 PM - 7:00 PM (rescheduled from Jules
and August 14) -Kevin Foley made a MOTION, seconded by John Leeman,to grant this one day license;
vote approved 5-0.
Chairman Stewart notified the board that one person is only allowed 30 licenses within a year and
Ms. Gillette is getting close to the allowed maximum number of 30. Kevin Foley made a MOTION,
seconded by John Leeman, for the Board to move out of licensing; vote approved 5-0.
JEFFERSON (i� DEN ROCK- TRAFFIC ENGINEERING CONULTANT REPORT -
PAUL HAJEC, HAJEC ASSOCIATES: Mr. Hajec is a Traffic Engineering Consultant retained by the
Town of North Andover to review the traffic impacts of the placement of curb cuts onto Waverly Road to
access the proposed Jefferson @ Den Rock apartment complex in the City of Lawrence. The proposed
curb cuts would be in North Andover. Mr. Hajec's evaluation of the traffic in the area as well as his
evaluation of the Vanasse traffic study indicates that the Town of North Andover would suffer increased
traffic on Waverly Road. Mr. Hajec stated that most of his concerns previously indicated about the report
have since been addressed, however,the following remain outstanding issues to date: Trip distribution
data, accident data, and mitigation of Waverly Road/Route 114. Mr. Hajec stated that better coordination
of the lights on Route 114 could improve the traffic congestion.
Many residents of the area expressed concerns to this proposed project, citing increased traffic would
adversely affect their neighborhood. Steve Colyer, Andover Community Development, reiterated
Mr. Hajec's report and stated that Den Rock has been for many years and remains inter-municipal project
concern. Mr. Colyer respectfully requested that the Town of North Andover's approvals remain in
abeyance until the Town of Andover can continue to address traffic concerns, as well as the completion of
the DEP review.
David Torrisi made a MOTION, seconded by Donald Stewart,to request the following information with
respect to this traffic study. Vote approved 5-0.
Board of Selectmen Minutes Page 3.
• What is the total traffic (le., vehicle trips) over a twenty-four hour period generated by the
project?
• What happens to the traffic and level of service analysis at key intersections when
Merrimack College is in session?
• What happens to the traffic and level of service analysis at key intersections after the first
seasonal snow storm?
The Town Manager will request that information from the project proponent
TELLUS INSTITUTE AND TOWN COUNSEL - DISUCSSION OF PROPOSED HOST
COMMUNITY AGREEMENT BETWEEN TOWN AND WHEELABRATOR: Attorney
Kenneth Kimmell discussed with the Board of Selectmen the host community agreement between the Town
of North Andover and Wheelabrator, which has been redrafted to include the recommendations of the
Board's previous review. James Goldstein of Tellue Institute, a consulting firm specializing in
environmental agreements, discussed with the Board of Selectmen his concerns as to the negotiations which
have been presented. Mr. Foley questioned Mr. Goldstein with respect to Mr. Goldstein's knowledge of the
process previously undertaken for the negotiations of the proposed host community agreement. This
process was participated by the Town Manager, Town Counsel and Mr. Foley; Mr. Goldstein indicated
that he did not have historical knowledge of that process.
Many residents expressed their concerns that the Wheelabrator facility is negatively impacting the
environment. They expressed gratitude towards Mr. Goldstein's assistance and presentation.
Mr. Gayton Osgood, Board of Health, notified the Board of Selectmen that Wheelabrator to the best of his
knowledge had complied with state and federal regulations.
APPROVAL TO USE PUBLIC PROPERTIES: Stevens Pond Fishing g DerbyDerby and Thomson School
Fun Run-Kevin Foley made a MOTION, seconded by Donald Stewart,to approve the Town Manager's
recommendations to use public properties for the following events: Thomson School Fun Run on various
roadways - September 17 (rain date September 19) at 5:00 PM and the Nevins Family of Services Stevens
Pond Fishing Derby on September 17 (rain date September 18) at 10:00 AM; vote approved 5-0.
PLANNING BOARD APPOINTMENTS: The Town Manager stated that he intends to meet with the
members of the Planning Board whom are up for reappointment to discuss the Board goals with respect to
development in the Town of North Andover. This will be placed on the next Board of Selectmen agenda.
No action was taken
ADJOURNMENT: There being not further business, David Torrisi made a MOTION, seconded by
Kevin Foley,to adjourn this meeting aty 10:25 PM; vote approved 5-0.
Melissa A. Powers, Administrative Secretary David Torrisi, Clerk of the Board