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HomeMy WebLinkAbout1998-12-21 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 21, 1998 CALL TO ORDER: Keith Mitchell called the meeting to order at 7:30 p.m. ATTENDANCE: The following were present: Keith A. Mitchell, Chairman; William B. Duffy, Jr.; John R. Leeman, Jr.; Donald B. Stewart; David M. Torrisi; Robert J. Halpin, Town Manager. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Massachusetts Electric Company W43/411 —Merrimack Street—Install 24"PVC conduit which will be buried under the sidewalk. Peter Glenn, a representative of Massachusetts Electric Company, said that this was for work to be completed at St. Michael's Church. John Leeman made a MOTION, seconded by David Torrisi,to approve the petition; vote approved 5 — 0. LICENSING COMMISSIONERS: David Torrisi made a MOTION, seconded by John Leeman,to move into licensing; vote approved 5 — 0. Donald Stewart noted there were two items to be discussed; 1) Main Street Liquors; and, 2) Raymond Blais & Charles McAllister, D/B/A In-Laws. Kevin Mahoney, Director of Finance and Administration, said that both establishments have complied with the Town's request to a commitment of a schedule of payments. Keith Mitchell made a MOTION, seconded by David Torrisi,to move out of Licensing; vote approved 5 — 0. OLD BUSINESS: Host Community Agreement. The Town Manager reviewed the Mass. D.E.P. meetings held on December 15 and 16. Kenneth Kimmell, Special Town Counsel, from the firm of Bernstein, Cushner&Kimmell who has represented the Town regarding this issue presented a brief summary of the history and overview of the Host Community Agreement. Atty. Kimmell stated that the Board of Health concluded the facility met federal standards and got a second opinion. The ZBA and Planning Board also gave their approval. The Planning Board approval contains numerous conditions designed so the Town will be much more aware of what the facility is doing, imposes truck route restrictions and a variety of other conditions.. Atty. Kimmell reviewed the Host Community Agreement highlights including a series of financial payments. In addition to financial benefits, MRI has agreed to abide by truck designations, provide extensive documentation to the Board of Health and will not seek approvals to incinerate sewerage sludge. Atty. Kimmell further discussed what the Town of North Andover gives up in signing this Agreement. There is a provision that directs MRI and North Andover to foster a cooperative working relationship. Board of Selectmen Minutes December 21, 1998 Page 2 The Settlement Agreement instructs the Town to agree to accept the proposition that the 1982 Site Assignment is valid, and MRI does not require a new Site Assignment from the Board of Health. He concluded by saying that in his opinion the Agreement does achieve the mission objective which was to negotiate an agreement that would put the Town in approximate parity with other Host Communities. There was considerable discussion regarding the "cooperative clause." Keith Mitchell questioned whether this clause was in effect a"gag order"and was told by Atty. Kimmell it was not. John Leeman asked what other communities were looked at. Atty. Kimmell stated there are five that host including Saugus, Lawrence, Haverhill, Rochester and Milbury. John Leeman further commented that other host communities received larger financial packages and that he was not comfortable with MRI. David Torrisi questioned what would happen if the Agreement was not signed. Atty. Kimmell stated that the retrofit will go in and the facility will continue to operate. Keith Mitchell opened the Meeting to public comment. Joan Kulash voiced her concern with the Host Community Agreement in its present form. One major issue is the "cooperative agreement." Ms. Kulash reviewed many portions of the Agreement that she felt should be changed including the adjustment fee issue and the Site Assignment. Keith Mitchell stated that if this clause was stricken from the Agreement,then the Agreement is no longer valid. He further stated that the "cooperative agreement"would not prohibit the Town from advocating the health of the Town residents. A number of other residents as well as non-residents from NESWC communities voiced that in their opinion the Host Community Agreement should not be signed. There were a number of reasons for these feelings including a final draft should be distributed to the residents before being voted on and the financial compensation is not adequate. Peter North of the Finance Committee said he felt it was time to move forward. Donald Stewart and John Leeman voiced their concerns over health issues. David Torrisi said he is not comfortable, however,the plant will operate, and we need to focus on what the Agreement does. William Duffy concluded that the Town should take advantage of the concessions received. Keith Mitchell is in favor of the Host Community Agreement and the Town will move forward to pursue all avenues to protect the public health in the Town. William Duffy made a MOTION, seconded by Donald Stewart,to request the Department of Environmental Protection to incorporate into its permit of MRI the conditions that the Planning Board imposed in its site plan approval/special permit; vote approved 5 — 0. William Duffy made a MOTION, seconded by David Torrisi,to execute the Host Community Agreement as proposed, with the clarifications provided by a letter dated December 21, 1998 from Wheelabrator Environmental Systems, Inc. to the North Andover Board of Selectmen, a copy of which is attached hereto and made a part thereof, and further move that the Board of Selectmen vote to execute the Settlement Agreement as proposed; vote approved 3 —2 (John Leeman and Donald Stewart objected). Town Manager Performance Evaluation and Contract Review. Keith Mitchell tabled the contract review until the January 11, 1999 Board of Selectmen's meeting. Board of Selectmen Minutes December 21, 1998 Page 3 In the Town Manager's performance evaluation, he received an overall performance rating of "Meritorious." Based on this evaluation a salary adjustment for FY'98 of 2%was recommended. William Duffy questioned the timing of the retroactive adjustment and suggested that the evaluation be done in a more timely manner. John Leeman made a MOTION, seconded by David Torrisi,that given the fact that the Town Manager received a meritorious review to adjust the Town Manager's salary by 2%, effective July 1, 1998;vote approved 5 — 0. Overview of FY 2000. The Town Manager reviewed the FY 2000 Budget Overview. The full presentation will be given at the January 4, 1999 Board meeting. The review included new revenues, new revenues after debt,the budget ranges and a breakdown of the various divisions' budget requests. Also included were the reductions necessary by each division to achieve the recommended budget of a 3%increase. The total reductions necessary to reach the high end of the target is $3,897,579. Water Rates. The Town Manager recommended that the water rate be raised from$2.60 to $2.73 which is the minimum to balance FY'99. The focus should then be focused on FY'00. John Leeman made a MOTION, seconded by Donald Stewart,to set the rate at$2.73;vote approved 4— 1 (William Duffy objected). ADJOURNMENT: David Torrisi made a MOTION, seconded by John Leeman to adjourn the meeting at 10:15 p.m.; vote approved 5 — 0. Ann M. Keating Administrative Secretary John R. Leeman, Jr., Clerk of the Board