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HomeMy WebLinkAbout1998-10-13 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 13, 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. LICENSING COMMISSIONERS: David Torrisi made a MOTION, seconded by John Leeman,to move into licensing; vote approved 5 — 0. Application for a Common Victualler's License from David McHugh. Jim Silvia representing David McHugh, District Manager, of Stop & Shop Supermarket Company, 757 Turnpike Street, applied for a Common Victualler's License and hours of operation: to be Monday 12:00 a.m. — Saturday 12:00 a.m.; Sunday 6:00 a.m. — 12:00 a.m. John Leeman made a MOTION, seconded by Keith Mitchell,to approve the application for a Common Victualler's License and the hours of operation; vote approved 5 — 0. Application for a Common Victualler(Restaurant)All Alcoholic Beverages License from Joseph M. Quartarone d/b/a Pasta For You, Joseph M. Quartarone, Manager, 57 Water Street. Joseph M Quartarone requested an all alcohol license. The issue was opened for discussion. Mr. Guy Richards, Richards TV,Water Street, voiced his opposition to an all alcohol license. He stated that the previous establishment had only a beer and wine license, and he feared that with an all alcohol license the restaurant could be operated as a bar that could cause a problem in the neighborhood. He also worried that parking could become a problem. The proximity of schools also was a cause of his opposition. Mr. Quartarone said that maximum capacity for the restaurant is 50 people. He also said that he has the support of the clergy at St. Michael's. John Leeman said he wanted the license issued contingent upon it being run as a food establishment. Joyce Bradshaw, Town Clerk, clarified that the application is made for a restaurant with an all alcohol license, and the fact that the license is up for renewal every year. David Torrisi made a MOTION, seconded by John Leeman,to approve the application for a common victualler all alcoholic beverages license; vote approved 5 — 0. One-Day Wine &Malt License: Armen Jeknavorian, Saint Gregory Armenian Church, requests one-day wine &malt license to be used at Jeffarian Hall, 158 Main Street, on October 23 &24, 1998 from 5:00 P.M. to 10:00 P.M. Keith Mitchell made a MOTION, seconded by John Leeman,to approve Saint Gregory Armenian Church one-day wine &malt license, vote approved 5 — 0. David Torrisi made a MOTION, seconded by John Leeman to move out of Licensing; vote approved 5 — 0. Board of Selectmen Minutes October 13, 1998 Page 2 PUBLIC HEARINGS: Traffic Safety Recommendations—Police Department. Stevens Street and Academy Road and Court Street. Sgt. Fred Soucy presented the results of his study. Sgt. Soucy's recommendation was to make Academy Road one-way from the Old Center travelling to Court Street. Academy Road from Osgood Street to Court Street would remain a two-way road. The second part of the recommendation is to make Stevens Street a one-way from Great Pond Road to Salem Street with a"Stop" sign and"No Left Turn." This would also be done on Milk Street coming onto Salem Street. Sgt. Soucy also said that increasing the enforcement and possibly adding more signs in the Old Center area to alert motorists of pedestrian traffic. Keith Mitchell asked for public comment regarding Sgt. Soucy's recommendations. Numerous residents had various suggestions regarding traffic safety. The consensus was lower speed limits, more "Stop" signs and stronger enforcement would make the area safer. Sgt. Soucy added that he attempted to take a"common sense"approach to his recommendations, but he was open to all suggestions. He also said he has written a letter to the District Director for Mass Highway regarding speeds on Mass. Avenue. He will ask Mass Highway for suggestions in addressing the entire situation. Sgt. Soucy stated that he has requested funds in FY 2000's budget to add painted crosswalks. David Torrisi made a MOTION, seconded by John Leeman,to issue an RFP for a comprehensive traffic assessment of the entire area; vote approved 5 — 0. Keith Mitchell stated that the Board would not take any further action pending an RFP being issued. Other Recommendations. John Leeman made a MOTION, seconded by Donald Stewart,to approve enforcement in the Hillside Road area during commuter hours; "No Parking" signs be posted on the North bound side of Osgood Street before and after the entrance to the Stevens Estate, as well as the island area of the entrance; "Playground Area" signs be posted on all streets abutting playgrounds and speeds posted at 25 MPH in these areas; "Horse Crossing" sign be posted on Salem Street past Campbell Road; "Caution Children" signs be posted on Barker Street; and, "Dangerous Intersection" signs be posted on Pond Street before Great Pond Road and on Johnson Street before Mill Road in both directions; vote approved 5 — 0. APPOINTMENTS: Council on Aging. The Board of Selectmen received notice of two vacancies on the Council on Aging because of the retirement of Thomas Cantone and Elsie Heinze. John Leeman made a MOTION, seconded by William Duffy,to approve the appointments of Mae Cantone and Joanne Perry to the Council on Aging for terms to expire on June 30, 1999; vote approved 5 — 0. Civil Service— Status of Jeffrey Sapienza Appointment. The Town Manager reviewed the options the Town has in regard to Jeffrey Sapienza's appointment. Either it can officially notify the Department of Personnel Management of Mr. Sapienza's appointment, in which case the DPA will disallow the Board of Selectmen Minutes October 13, 1998 Page 3 appointment and a new list will be requested; or notify DPA that the Town has chosen not to make an appointment off the current list and return it to DPA pending a decision on Mr. Sapienza's appeal. John Leeman made a MOTION, seconded by Donald Stewart,that the Town notify DPA that the Town has chosen not to make an appointment off the current list and return it to DPA pending a decision on Mr. Sapienza's appeal; vote approved 5 — 0. CONSENT ITEMS: Confirmation of Approval. John Leeman made a MOTION, seconded by David Torrisi,to confirm the approval of the Knights of Columbus annual toll booth fundraiser at the intersections of Great Pond Road at Mass. Avenue and Waverly Road at Main Street on October 10 and 11, 1998; vote approved 5 — 0. Rollerski Race. David Torrisi made a MOTION, seconded by John Leeman,to approve James Doucette's request to hold the I 01 annual Cambridge Sports Rollerski Race on Sunday,November 1, 1998 at 9:30 a.m.;vote approved 5 — 0. Festival Committee. John Leeman made a MOTION, seconded by Donald Stewart,to approve the Festival Committee's request to hold a Winter Holiday Festival, including Selectmen's Holiday Brunch for municipal employees, Holiday Parade, Memory Tree &Downtown Tree Lighting Ceremony,Winter Festival at Stevens Estate and Tree Lighting Ceremony at Old Center Common on Saturday,November 28, 1998; vote approved 5 — 0. Adoption of Resolution. John Leeman made a MOTION, seconded by Donald Stewart,to approve the adoption of a resolution for the Essex National Heritage Area— "Heritage Partnership Grant"; vote approved 5 — 0. NEW BUSINESS: Town Manager Evaluation. Keith Mitchell distributed Town Manager evaluation forms and requested that they be returned on October 26, 1998. Policy for Administration of MASS. G.L. c.31, §41 (Civil Service). The Town Manager reviewed the disciplinary action currently being decided. The Town Manager recommended that the Board take the following vote: 1. Town Manager Robert Halpin shall be assigned to administer the provisions of Massachusetts General Laws Chapter 31, Section 41 in the matter of giving notice of contemplated discipline and serving as the designated hearing officer, reserving to the Board of Selectmen the right to act as the appointing authority after receipt of the hearing officer's report. 2. The Town Manager shall forthwith provide a copy of such notice of such contemplated discipline to the Board of Selectmen. Upon receipt of such notice,the Board may in any particular case choose to conduct any hearing itself, and may take any other specific action concerning the administration of Mass. G.L. Chapter 31, Section 41. John Leeman made a MOTION, seconded by David Torrisi,to approve the Town Manager's recommendation; vote approved 5 — 0. OLD BUSINESS: Board of Selectmen Minutes October 13, 1998 Page 4 MRI Solid Waste Incinerator. The Town Manager stated that a subcommittee was appointed by the Board of Selectmen that included William Duffy, David Torrisi and the Town Manager that was asked to draft a letter to the State. Mr. Leeman questioned the composition of the subcommittee; it was his understanding that a member of the People for the Environment was also going to be a member of the subcommittee. Keith Mitchell said that the People for the Environment did receive all but the most recent draft and did respond with comments. The Town Manager stated that there were four drafts that were distributed to various parties. When comments were received, Mr. Duffy prepared a final draft that was included in the Board's package. David Torrisi commented that the letter should contain wording about the adoption of the resolution at the Annual Town Meeting. The Town Manager discussed the fact that the Department of Environmental Protection is working on a draft report on the cumulative impacts and following review,the report should be released in early to mid November. They plan to come to North Andover or another Merrimack Valley community to present the report. William Duffy said he is reasonably confident that the letter is an accurate presentation of the events that took place. Mr. Duffy said he was impressed with many of the forceful and well phrased statements of both MRI and People for the Environment. Keith Mitchell requested comments from the public. Manuel Arista, a representative of People for the Environment, stated that he is very disappointed that there has not been any communication following the Town Meeting vote with the People for the Environment and that a member was not on the subcommittee. Joan Kulash, People for the Environment, said that she reviewed the draft and commended the Board on the improvement. She stressed the fact that she would like to have more dialogue with the Selectmen. She stated that she does not believe that Wheelabrator should be involved in the decision making policy. Rich Rothstein, (Environmental Consultant) 46 Liberty Street,North Andover, said that there are numerous power plants being planned in Massachusetts. Richard Filago,Wheelabrator, suggested that the Town attach both Wheelabrator's and the People for the Environment's letter to the Board's letter to the State. He also stated that he believed that Wheelabrator should be involved in the forum with the Department of Environmental Protection. Kim Adami, a resident, agreed that both letters should be sent with the Town's letter to the State. Keith Mitchell is in favor of the subcommittee's letter the way it is drafted. He doesn't believe the Board should include letters from Wheelabrator or People for the Environment with the subcommittee's letter. William Duffy made a MOTION, seconded by Donald Stewart,that subject to a review and final approval at this Thursday's meeting the letter is sent; vote approved 4— 1 (Donald Torrisi objected). Suburban Coalition—Education Finance Forum October 14, 1998. William Duffy will be attending the forum and will report on the meeting at the next scheduled Board of Selectmen's meeting. The Board recessed this meeting until Thursday, October 15, 1998, at 7:00 p.m. at the Town Hall. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by William Duffy,to move into Executive Session to discuss litigation of Mesiti Development vs Town of North Andover and MRI vs Palmer and Northeast Solid Wast Committee. David Torrisi removed himself from the Mesiti discussion. Board of Selectmen Minutes October 13, 1998 Page 5 Ann M. Keating Acting Secretary John R. Leeman, Jr., Clerk of the Board