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HomeMy WebLinkAbout1998-12-14 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 14, 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. APPROVAL OF MINUTES: John Leeman made a MOTION, seconded by David Torrisi,to approve the Minutes of December 7, 1998;vote approved 5 — 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Keith Mitchell noted that there would be a Public Hearing on Tuesday, December 15, 1998, regarding the aggregate impacts of Merrimack Valley incinerators. The meeting will begin at 7:00 p.m. and be held the Middle School in the Performing Arts Center. Keith Mitchell stated that a Board of Selectmen's meeting would be held on Wednesday, December 16, 1998,with representatives from the Department of Environmental Protection. This meeting is being held in response to a letter sent to Governor Cellucci by the Board of Selectmen. William Duffy said that a recent article in The Boston Globe said that"funds are needed to boost quality of education"and it made the point that North Andover is not spending the state average. He expressed his appreciation to the teachers in the school system. PUBLIC HEARINGS: Massachusetts Electric Company—Plan W53/410—Waverly Road—Install 44"PVC Conduits with Primary Conductors encased in concrete and Plan W43/411 —Merrimack Street—Install 2-4"PVC conduit which will be buried under the sidewalk. A Company spokesman was not in attendance. John Leeman made a MOTION, seconded by Donald Stewart,to continue this agenda item; vote approved 5 — 0. Informal Presentation of Design Plans for North Andover Youth Center Building. The Town Manager stated that Youth Services has completed the permitting process. Bill Scott, Director of Community Development and Services, reviewed the time line Youth Services has developed and the work completed. Mr. Joel Bardman, Architect, described the extensive review done with the Historic Commission. He presented drawings representing the finished Youth Services Center. Zoning, Planning and site plan approvals have been done. The bid date is scheduled for sometime in March or perhaps earlier. LICENSING COMMISSIONERS: Board of Selectmen Minutes December 14, 1998 Page 2 David Torrisi made a MOTION, seconded by John Leeman,to move into Licensing; vote approved 5 — 0. John Leeman made a MOTION, seconded by Keith Mitchell,to approve all licenses. Raymond Blais & Charles McAllister, D/B/A In-Laws, Inc.and 64 Main Street Liquors must have a scheduled payment plan in place;this issue will be addressed by the Finance Director at the December 21, 1998 Board of Selectmen meeting. The establishments mentioned in the Commission on Disabilitiy letter, Fire Department letter and TIP certification will be given sixty(60) days to address all the issues and any issue that is not addressed in that time frame will be brought before the Board. It was also moved to waive the licensing fee for Pasta for You because of the limited time his previous license was in effect; vote approved 5 — 0. The following licenses were renewed: Common Victuallers -All Alcohol Aglio, Inc. d/b/a Orzo Cafe Trattoria Arc Restaurant, Inc. d.b.a. Culpeppers Beijing Restaurant, Inc. Bertucci's Restaurant Corp. d/b/a Bertucci's Brick Oven Pizzeria Clark Street Holding, Inc. d/b/a Joe Fish Seafood Restaurant&Bar 1120 Osgood Street Camelot Building Association, Inc. d/b/a Camelot China Blossom, Inc. Jasmine, Inc. d/b/a Jasmine North Andover Group, Inc. d/b/a/The Loft Restaurant 99 Boston, Inc. WJ Phelan Inc, d.b.a Mango Grill North Andover Restaurant, Inc. d/b/a Rolf s Pasta For You Pasta Palazzi, Inc. Top of the Scales Restaurant Restaurant-Wine &Malt: Fuddruckers, Inc. Val's Sandwich Shop Club -All Alcohol: Club 2104, Inc. North Andover Country Club, Corp. Edgewood Retirement Community Special(Section 14)Wine &Malt: Merrimack College -Gildea Hall, Faculty Dining Room Adjourning Lounge, and Warrior's Den Package Store -Wine &Malt and Sunday Permits: Board of Selectmen Minutes December 14, 1998 Page 3 Francis A. Holmes d/b/a/Middlesex Market John Enright d/b/a General Store Richdale Diary Stores, Inc Andover Liquors J&M Convenient Store Package Store -All Alcohol and Sunday Perinit: McCraken's Liquors and Wines, Inc. 64 Main Street Liquors, Inc. Butcher Boy Meat Market, Inc. Messina's Market, Inc. d/b/a Messina's Liquors Den Rock Liquor Mart, Inc. Common Victualler: All American Restaurant Group Inc. d/b/a Sutton Square Grille Andover Liquors Inc. d.b.a. The Vineyard North Andover Booster Club Brigham's,North Andover Burke's Den Rock Mobil Butcher Boy Meat Market The Cafe' 208 Sutton Street Captain Pizza Carrol's d/b/a/Burger King 4260 China Wok Restaurant Demoluas Supermarket North Andover Donut, Inc., d/b/a Dunkin Donuts MICA Donuts, Inc. d/b/a Dunkin' Donuts Jane Donuts Inc. d/b/a Dunkin Donuts Charlotte Donuts, Inc. d/b/a Dunkin Donuts MaryAnn Donuts, Inc. d/b/a Dunkin Donuts English Ivy Tea Shoppe The General Store Michael Glenn, Inc. d/b/a/Harrison's Restaurant Merrimack College d/b/a The Hungry Warrior J&M Sub Shop J&M Convenient Store &Deli Jimmy's Famous Pizza Joe's Flaming Kabob d/b/a Joe's Landing Cafe' Joe's Variety Kitchen of the Bay State d/b/a/Bay State Chowda Company McDonald's Restaurant Middlesex Market Mobil Mart Lembo's Supermarket, Inc. d/b/a/N.A. Star Market Lobster Tail Seafoods of North Andover Dag Food Enterprises, Inc. d/b/a Pizza Factory Perfecto's of North Andover, Inc. Board of Selectmen Minutes December 14, 1998 Page 4 William Buco &Gus Walsh, d/b/a Quic Pic Convert. Store Richdale Dairy Stores, Inc. Richdale Dairy Stores, Inc. Rosie's Cakes &More Sal's Just Pizza Smolak Farm Star Pizza Super Stop &Shop P.B. Hart Company, Inc. d/b/a/Treadwell's Ice Cream The Ultimate Chicken The Upper Crust Val's Restaurant Class 11-$100: North Andover Getty F. Jack Kinsman d/b/a Kinsman Auto Sales Raymond Blais & Charles McAllister d/b/a/In-Laws, Inc. Ray Finocchiaro J&T Auto Sales 77 Main Street John A. McElhiney, Jr. Marilyn Motors, Inc. d/b/a/Marilyn Motors Merrimac Truck&Equipment Towne Auto Body H.J.Welch Co., Inc. Class III: Bob's Auto Parts Automatic Amusement Device-Machine: Arc Restaurant Inc., d.b.a Culpeppers— (4—CD Juke Box; Billard Table; Pinball Machine; Video Arcade Game) Bradlees (Woburn Vending)— (5 — Sports Arena, Toy Crane, Candy Crane, 2 Video Games) Camelot Building Association, Inc. — (4—Automatic Amusement Devices—2 Pool Tables, Golfing Greats, Pinball Machine) Fuddruckers, Inc. — (4—NBA Jam, Ghouls `N' Ghosts,Terminator 2: Judgement Day, Clean Sweep) Merrimack College (8 —Automatic Amusement Devices (Gildea Hall— 6; Ash Center—2) Gildea Hall—Pool Table,Neo Geo, Mortal Combat,NBA Jam, Demolitio Man Ash Center -Dr. Dude N.A. Restaurant d/b/a Rolf s (1 Automatic Amusement Device -Birdie King) Club 2104,VFW(1 Automatic Amusement Device -Juke Box) Foto Fantasy(Fuddruckers) - (1 Beanie Baby Machine) Auctioneers (yearly): Board of Selectmen Minutes December 14, 1998 Page 5 Joseph Axelrod Automatic Amusement Device License—Request from Woburn Vending, 11 Wheeling Avenue,Woburn, MA,to place five (5) Automatic Amusement Devices at Bradlees, 350 Winthrop Avenue. The previous questions regarding automatic amusement devices have been taken care of David Torrisi made a MOTION, seconded by John Leeman,to approve the Automatic Amusement Device license; vote approved 5 — 0. David Torrisi made a MOTION, seconded by John Leeman,to move out of Licensing; vote approved 5 — 0. OLD BUSINESS: Water and Sewer Enterprise Funds. • Update on Lucent Meter Testing: The Town Manager said that steps have been taken to have ten meters tested and calibrated at Lucent Technologies. A meeting with Lucent is in the process of being scheduled in order to review the averages and the reasons for the changes in consumption. The Town Manager stated that the Management Letter from the auditors will contain recommendations regarding the process of meter reading. • Comparable Communities Water and Sewer Rates: The Town Manager reviewed a survey of Strategic Planning Committee communities water and sewer rates. The discussion focused on the discrepancy in other community rates versus North Andover. Kevin Mahoney, Director of Finance, answered questions regarding the debt at the water treatment plant. He explained that it was borrowed in phases, over a 20 year period. He also pointed out the 2"d Quarter consumption rates were level. The Town Manager reviewed the sewer rates of the Strategic Planning Committee communities and noted that the results were similar to the water rates. The Town Manager said he would like to schedule an evening in January to discuss the water and sewer rates. • Water and Sewer Rate FY 1999. William Duffy expressed his belief that the shortfall is not that substantial and a decision should be made regarding the shift of a portion of the water and sewer rates in the property tax rate. The Town Manager stated that the School Department,Water Treatment Plant and a portion from all other municipal budgets would be asked to encumber a sum to help fund the water deficit. William Duffy made a MOTION, seconded by David Torrisi,to table this discussion until December 21, 1998 when the Board will be provided with the direct costs involved; vote approved 5 — 0. • Water and Sewer Budget Policy Statement FY 2000. William Duffy made a MOTION, seconded by John Leeman,to table this item until December 21, 1998; vote approved 5 — 0. Board of Selectmen Minutes December 14, 1998 Page 6 North Andover Police Department—Patrol Officer Vacancy. The Town Manager stated that the Civil Service Commission is acting on the Sapienza appeal at a meeting being held on December 14, 1998, and a decision is expected imminently. John Leeman made a MOTION, seconded by William Duffy,to table this matter until Wednesday, December 16, 1998;vote approved 5 — 0. Comprehensive Traffic Management Study— Old Town Center/Common Area. The Town Manager discussed the citizens' committee and the Historic Commission's endorsement of hiring a professional. It was also recommended that Osgood Street be added to the study. The Historic Commission recommended the group be comprised of Kathy Szyska,North Andover Historic Commission, Harold Dushame of the Brick Store Company, Betty Beland of Center Realty Trust, Martha Larson representing the Historical Society. These individuals would be added to the names of Ben Osgood,Nancy Breen and Jay Enright. Sgt. Soucy of the Police Department,two members of the Board of Selectmen and liaisons from various departments would also be considered for the committee. David Torrisi made a MOTION, seconded by John Leeman,to appoint William Duffy and Keith Mitchell as well as the individuals noted above to the Old Town Center Traffic Study Improvement Committee; vote approved 5 — 0. Designation of an Audit Selection Committee. The Town Manager noted that he was unable to find a formal written policy. John Leeman made a MOTION, seconded by David Torrisi,to have an audit selection committee comprised of the Town Manager, a member of the Finance Committee and Board of Selectmen member; vote approved 5 — 0. David Torrisi made a MOTION, seconded by William Duffy,to appoint John Leeman to the audit selection committee; vote approved 5 — 0. NEW BUSINESS: Request that Mass. DEP study the potential for mercury in Lake Cochickewick. The Town Manager recommended that the Board adopt a request to study the mercury levels in Lake Cochickewick. John Leeman, made a MOTION, seconded by William Duffy,to send a request to Mass. DEP to study the mercury levels in Lake Cochickewick; vote approved 5 — 0. Abolition of Essex County and Impact on County Retirement System Assessment. The Town Manager reviewed the fact that the Town belongs to the Essex County Retirement System and stated that it is a separate entity from the County. He also said that not all communities belong to the System. Nineteen communities belong to the System. Employees now in the Essex County Retirement System will, in the future, be part of the State system. There is currently a liability in the system and there is a dispute between the House and the Senate on how to fund this liability. The projected assessment for the Town to fund this liability will increase dramatically in FY'00. The $1.4 million assessment could increase by as much as 17%in the worst case scenario,the most likely the Board of Selectmen Minutes December 14, 1998 Page 7 increase would be 9%. If all of the past liability were funded by the State,the normal increase would be 4.5%. The FY'00 Budget has included the moderate increase of 9%. Kevin Mahoney, Director of Finance and Administration, reviewed the financial impacts. Recommendation for Stop Sign at Winter Street at Foster Street and at Foster Street and Wintergreen Street. John Leeman made a MOTION, seconded by David Torrisi,to place the above Stop Signs; vote approved 5 — 0. Conservation Commission Recommendation that Selectmen Approve Their Acceptance of Open Space on Rea Street. The Town Manager stated the Conservation Commission has been offered 1.35 acres of Open Space and recommended acceptance. John Leeman made a MOTION, seconded by David Torrisi,to approve the acceptance of the 1.35 acres; vote approved 5 — 0. Update on Meeting with the Lawrence Airport Commissioners re. Noise Complaints and Abatement Efforts. The Town Manager said a meeting has been scheduled for January 21, 1999 that will include representatives from the Mass. Aeronautics Commission and possibly the FAA at the Lawrence Airport. The Board of Selectmen, Town officials and the public are invited. General Services Override: Town Clerk Time Lines and Deadlines and Town Counsel Information. The Town Manager updated the Board on a verbal report from Town Counsel regarding information on a general services and debt exclusion overrides and stated this would be put in writing. He reported that the Town Clerk said that a minimum of 35 days is the requirement for the final vote approved by the Board of Selectmen to be submitted to the Town Clerk. There is a cost of approximately$3,000 if separate ballots are printed over and above existing budgeted costs. A separate election day would cost approximately$9,000. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by David Torrisi,to move into Executive Session to discuss the AFSCME Clerical Union Contract; vote approved 5 — 0. John Leeman made a MOTION, seconded by David Torrisi,to move into Executive Session to discuss the Town Manager's Contract at 9:15 p.m.; vote approved 4— 1 (William Duffy objected). Ann M. Keating Administrative Secretary John R. Leeman, Jr., Clerk of the Board