HomeMy WebLinkAbout1998-09-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 28, 1998
CALL TO ORDER: Keith A. Mitchell, Chairman, 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.
APPROVAL OF MINUTES: William Duffy made a MOTION, seconded by John Leeman,to approve
the Minutes of August 28, 1998;vote approved 5 — 0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
Halloween Trick or Treat Hours. Richard M. Stanley, Chief of Police recommends setting Halloween
Trick or Treat Hours to be the standard October 31, 1998 - 5:00 p.m. to 7:00 p.m.
Donald Stewart made a MOTION, seconded by William Duffy,to approve the recommended hours; vote
approved 5 — 0.
PUBLIC COMMENT
Airport Noise. Emma Donnelly, 148 Main St. (Sutton Pond), addressed the Board regarding airport
noise especially at night. She also said that she spoke with Mr. McKinnon, Airport Manager.
The Town Manager stated that he has received many complaints on this issue. He said that he received a
response from Mr. McKinnon that was unacceptable and has referred the problem to Special Counsel for
his opinion.
Ms. Donnelly questioned why there was no curfew since there are curfews at major metropolitan airports.
Mr. Halpin said that Special Counsel should have a legal opinion within a couple of weeks. If feasible,
the issue will be pursued with the Airport Commission.
Moment of Silence. David Torrisi requested that there be a moment of silence in memory of former
Police Chief Russ Donnelly,. He also requested that a letter be sent from the Board to the Donnelly
family expressing the Board's condolences.
Suburban Coalition. William Duffy would like to schedule an agenda item to discuss Education Reform
Act distributions. He would like the Board to discuss what role the Town can play in terms of that
lobbying effort.
Merrimack Valley Emergency Committee.Planning Committee. The Town Manager announced Committee. The Town Manager announced that on
October 6, 1998 there will be an exercise simulating a chemical release to test regional capabilities to
respond to a major incident. This exercise will cause some disruption of traffic in the area of Great Pond
Road.
LICENSING COMMISSIONERS: John Leeman made a MOTION, seconded by Donald Stewart to
move into licensing; vote approved 5 — 0.
Board of Selectmen Minutes September 28, 1998 Page 2
Pharm-Eco Laboratories, 70 Fla Application Drive—Application for a Fuel Storage License— 10,000 -Drive—Application for a Fuel Storage License— 10,000 gallon
tank, above ground. Fire Chief Dolan made a presentation in support of the application. Chief Dolan
stated that the company was requested to do a number of safety improvements and complied.
A company spokesman addressed questions from John Leeman stating that the company is requesting an
increase from an average of 1,200 gallons to 10,000 gallons of flammable liquid.
John Leeman asked if this was the same company that had an incident a year ago and also if it abutted
residential property and was told yes.
William Duffy made a MOTION, seconded by Keith Mitchell,to approve the application for a fuel
storage license; vote approved 4— 1 (John Leeman objected).
Evy Gillette, Manager, Stevens Estate n, Osgood Hill requests the following one-day alcohol licenses:
Reek Wedding October 3, 1998 4:00 p.m. — 11:00 p.m. All Alcohol
Conception Wedding October 10, 1998 2:00 p.m. — 8:00 p.m. All Alcohol
Mazur Engagement Party October 11, 1998 5:00 p.m. — 10:00 p.m. All Alcohol
Hopkins Wedding October 17, 1998 4:00 p.m. — 12:00 a.m. All Alcohol
Tuscant Harvest Dance October 23, 1998 8:00 p.m. — 12:00 a.m. All Alcohol
Koba New Alliance October 24, 1998 3:00 p.m. — 9:00 p.m. Wine &Malt
John Leeman made a MOTION, seconded by Keith Mitchell,to approve Stevens Estate @ Osgood Hill
requests; vote approved 5 — 0.
John Leeman made a MOTION, seconded by William Duffy,to move out of licensing; vote approved
5 - 0.
NEW BUSINESS—PUBLIC HEARINGS:
Joint Pole Petition—Forest Street—To place one pole— Plan 453/409. David English, representative
from Mass Electric, requested to set a new pole to supply service to 485 Forest Street.
William Duffy made a MOTION, seconded by Donald Stewart,to approve the Pole Petition; vote
approved 5 — 0.
Layout— Settler's Ridge Road. Thomas Zahouriko, developer of Settler's Ridge Road, stated he
submitted a request for a road acceptance for the Special Town Meeting.
John Leeman suggested that because it is already a warrant article that the Board of Selectmen make a
recommendation at the meeting. The Town Manager said that the Board should issue a recommendation
before the Special Town Meeting
OTHER BUSINESS:
Informational Briefing on Media One— Senior Citizen Discount. Robert Carr, Manager of Government
Affairs for Media One in this region, said there seems to be some concern regarding Senior Citizen
discounts. He said that the discounts are negotiated at the time of the contract signing. North Andover's
discount is 15%and was implemented in 1994 and is a ten year license.
Board of Selectmen Minutes September 28, 1998 Page 3
David Torrisi said that North Andover seems to be on par and has a good program in comparison with
other communities.
Wheelabrator Trash to Energy Plant— Selectmen Policy Statement. Keith Mitchell reviewed the fact that
on August 31, 1998 a public hearing was held to discuss the permitting status. At the conclusion of the
hearing, it was requested that the Board clarify its policy. The People for the Environment submitted a
proposed policy that was reviewed by Special Town Counsel. Special Town Counsel, Ken Kimmell,
drafted a policy. Both policies are before the Board for consideration.
There are two issues; does the Board of Selectmen want to have a written policy, and if so, what should it
be. Keith Mitchell said that although he does not believe the Town needs a written policy, he would
recommend the Special Town Counsel's version.
William Duffy believes the Town should put the burden on the State to assist the Town in this situation.
Mr. Duffy wants a letter sent to the Governor stating the residents concerns. David Torrisi also supports
having a state official discuss and address this issue of solid waste incineration.
John Leeman suggested having William Duffy and David Torrisi draft a letter requesting that the state
come to North Andover to talk about what actions can be taken.
There was further discussion by Richard Filago,Wheelabrator, requesting that Wheelabrator be on the
committee to write the letter to the State. He also said that all the Boards in Town issued local approval
for retrofit of the facility.
Edward Meagher, People for the Environment, said that Article 16 as accepted by Town Meeting clearly
states that the citizens want an active leadership role by the Selectmen in seeking closure of the facility.
He does not feel that Attorney Kimmell's letter is strong enough and wants suggested changes
implemented.
Mr. Mark DiSalvo and Ms. Lisa Martelli stated their opinions in regard to the Town's action to close the
facility. Mr. DiSalvo requested that the Board set a policy. Ms Martelli felt that the Board had been
passive and had a defeatist attitude.
John Leeman made a MOTION, seconded by William Duffy,that David Torrisi,William Duffy the Town
Manager and a member of People for the Environment as a committee to draft a letter to the state asking
them to come to a meeting to discuss the issues of incineration in the Merrimack Valley; vote approved
5 - 0.
Special Town Meeting Warrant—Final Approval and Posting of Warrant. The Town Manager explained
the removal of a zoning article from the warrant.
William Duffy made a MOTION, seconded by John Leeman,to deny the request for the zoning article
from 114 Trust per Town Manager recommendation; vote approved 5 — 0.
John Leeman made a MOTION, seconded by David Torrisi,to adopt the articles on the Special Town
Meeting Warrant;vote approved 5 — 0.
Police Officer Appointment— Civil Service—Update. The Town Manager issued his recommendation to
take no action and the DPA follow process.
Board of Selectmen Minutes September 28, 1998 Page 4
John Leeman made a MOTION, seconded by William Duffy,to take no action and not to indicate assent;
vote approved 5 — 0.
Revenue Projections—Fiscal Year 2000--Update from Subcommittee. Keith Mitchell requested that the
debt schedules be updated by their next meeting on October 1, 1998.
John Leeman did not stay for award of office lease.
Office Space—Award of Five Year Lease— Community Development Division. The Town Manager
recommends awarding of the lease.
David Torrisi made a MOTION, seconded by Donald Stewart,to approve the award of the five year lease
at 27 Charles Street; vote approved 4— 0— 1. (John Leeman not present).
ADJOURNMENT:
David Torrisi made a Motion, seconded by Donald Stewart,to adjourn the meeting at 9:30 p.m.; vote
approved 4— 0.
Ann M. Keating
Acting Secretary John R. Leeman Jr., Clerk of the Board