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HomeMy WebLinkAbout1999-12-13 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 13, 1999 CALL TO ORDER: Keith Mitchell called the meeting to order at 7:00 p.m. ATTENDANCE: The following were present: Keith A. Mitchell, Chairman;William B. Duffy, Jr.; John R. Leeman, Jr.; Donald B. Stewart; James M. Xenakis; Robert J. Halpin, Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by John Leeman,to move into Executive Session to discuss land acquisition; vote approved 5 — 0. The Board of Selectmen was individually polled and each voted to move into Executive Session. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by John Leeman,to approve the Executive Minutes of November 22, 1999 as amended by William Duffy and to approve the Open Session Minutes of November 22, 1999;vote approved 5 — 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Board of Selectmen Meeting. Keith Mitchell announced that the final meeting of 1999 would be held December 20, 1999 at the Stevens Memorial Library at 7:30 p.m. Automatic Defribulators. James Xenakis announced that a couple who wished to remain anonymous donated$15,000 in order to purchase five defribulators to the Fire and Police Departments. John Leeman made a MOTION, seconded by James Xenakis,to accept the donation for the specific purpose of purchasing automatic defribulators pursuant to Chapter 44;vote approved 5 — 0. Permit/License Fee Setting Subcommittee. The Chairman said this is a follow-up to comments made by Donald Stewart and James Xenakis about reviewing how fees are set. James Xenakis made a MOTION, seconded by John Leeman,to appoint Donald Stewart and James Xenakis to the Permit/License Fee Setting Subcommittee; vote approved 5 — 0. Jeffrey Sapienza. Keith Mitchell congratulated Jeffrey Sapienza on his successful graduation from the Police Academy on November 19, 1999. He also presented a certificate of accomplishment to Officer Sapienza. PUBLIC HEARINGS: Massachusetts Electric and New England Telephone—Plan 53/423. Peter Glenn represented Massachusetts Electric Company. The plan is to place one pole and remove one pole on Clark Street. William Duffy made a MOTION, seconded by John Leeman,to approve Plan 53/423; vote approved 5 — 0. Massachusetts Electric Company—Plan 53/424. The plan is to install 24' PVC conduits to cross Abbott Street and Salem Street in order to provide service to Nutmeg Lane. Board of Selectmen Minutes December 13, 1999 Page 2 William Duffy made a MOTION, seconded by Donald Stewart,to approve Plan 53/424;vote approved 5 — 0. APPOINTMENTS: Associate Position— Conservation Commission. Scott Masse, Co-Chair of the Conservation Commission, requested that the Board of Selectmen appoint Mr. James Demotses to an Associate Position on the Conservation Commission. John Leeman and William Duffy both said it should be posted in the "Citizen"to see if there would be other applications. James Xenakis made a MOTION to approve the appointment. It was not seconded. The Board decided to postpone the appointment until early January after it has been advertised. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by John Leeman to move into Licensing; vote approved 5 — 0. License Renewals. Donald Stewart said the Health Department recommends that the septic system of Marilyn Motors be inspected and passed by a licensed inspector as a condition of their permit issuance. William Duffy made a MOTION, seconded by John Leeman, to approve the license contingent on them meeting the Board of Health's recommendation within 60 days; vote approved 5 — 0. William Duffy made a MOTION, seconded by Keith Mitchell, to approve the license of J&M Deli on Salem Street; vote approved 4— 0— 1 (James Xenakis abstained). John Leeman made a MOTION, seconded by James Xenakis, to approve the license of Treadwell's Ice Cream contingent upon the installation of a handicapped parking sign within one month; vote approved 4 — 0— 1 (Keith Mitchell abstained). John Leeman made a MOTION, seconded by Keith Mitchell, to approve the license of Jasmine contingent upon TIP certification by the end of February; vote approve 5 - 0. John Leeman made a MOTION, seconded by William Duffy, to approve the following licenses; vote approved 5 — 0. Common Victuallers -All Alcohol- $1,800 Aglio, Inc. d/b/a/Orzo Cafe Trattoria TRJ Line Inc.d.b.a. Culpeppers Beijing Restaurant, Inc. Bertucci's Restaurant Corp. d/b/a Bertucci's Brick Oven Pizzeria Camelot Building Association, Inc. d/b/a Camelot China Blossom, Inc. North Andover Group, Inc. d/b/a/The Loft Restaurant 99 Boston, Inc. WJ Phelan Inc. d/b/a Mango Grille North Andover Restaurant, Inc. d/b/a Rolf s Pasta For You Pasta Palazzi, Inc. Board of Selectmen Minutes December 13, 1999 Page 3 Top of the Scales Restaurant Restaurant-Wine & Malt Fuddruckers, Inc. Val's Sandwich Shop Club -All Alcohol- $1,080: Club 2104, Inc. North Andover Country Club, Corp. Edgewood Retirement Community Special (Section 14)Wine &Malt- $720: Merrimack College -Gildea Hall, Faculty Dining Room Adjourning Lounge, and Warrior's Den Package Store-Wine & Malt and Sunday Permits - $720: Francis A. Holmes d/b/a/Middlesex Market John Enright d/b/a General Store Richdale Diary Stores, Inc) 75 Chickering Road Andover Liquors Package Store-All Alcohol and Sunday Permit- $1,440: 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 Common Victualler: Andover Liquors Inc. d.b.a. The Vineyard North Andover Booster Club Carl Thomas Playground Brigham's,North Andover Burke's Den Rock Mobil Butcher Boy Meat Market The Cafe' 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 Donut Inc, d/b/a Dunkin Donuts Charlotte Donuts, Inc. d/b/a Dunkin Donuts MaryAnn Donuts, Inc. d/b/a Dunkin Donuts The General Store ( Michael Glenn, Inc. d/b/a/Harrison's Restaurant Merrimack College d/b/a The Hungry Warrior South Volpe Athletic Complex J&M Sub Shop Board of Selectmen Minutes December 13, 1999 Page 4 Jimmy's Famous Pizza Joe's Flaming Kabob 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 Seafood Dag Food Enterprises, Inc. dba Pizza Factory Perfecto's of North Andover, Inc. Quic Pic Convert. Store Richdale Dairy Stores, Inc 75 Chickering Road Richdale Dairy Stores, Inc. 4 Main Street Rosie's Cakes &More Sal's Just Pizza Smolak Farm Star Pizza Stop & Shop The Upper Crust Three Amigos Val's Restaurant Val's Sub Shop 58 Peters Street Class II - $100: North Andover Getty Change Name to: North Andover Auto Sales Max. 4 Vehicles F. Jack Kinsman Kinsman Auto Sales Max 6 Vehicles Raymond Blais & Charles McAllister d/b/a/In-Laws, Inc. Max 3 vehicles Ray Finocchiaro J&T Auto Sales Max 7 vehicles Merrimac Truck&Equipment Towne Auto Body Max 15 vehicles Class III - $100: Bob's Auto Parts Automatic Amusement Device- $100/Machine: TRJ Line Inc. d.b.a Culpeppers Pub &Grille (4 - CD Juke Box; Billard Table; Pinball Machine; Video Arcade Game) Camelot Building Association, Inc. (4 Automatic Amusement Devices - 2 Pool Tables, Golfing Greats, Pinball Machine) Foto Fantasy Inc. Machine @ Fuddruckers 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) Woburn Vending (Bradlees) (5 Automatic Amusement Devices) Board of Selectmen Minutes December 13, 1999 Page 5 Auctioneers (yearly) $30: Joseph Axelrod Den Rock Liquor Mart. Donald Stewart recommended that the License not be renewed because there is no physical location. John Leeman made a MOTION, seconded by Keith Mitchell, not to renew the license of Den Rock Liquor Mart;vote approved 5 — 0. Transfer of Liquor License. John Leeman made a MOTION, seconded by William Duffy to approve the transfer of Joe Fish Seafood Restaurant to James Dietz; vote approved 5 — 0. Keith Mitchell made a MOTION, seconded by James Xenakis,to move out of Licensing; vote approved 5 — 0. OLD BUSINESS: Special Town Meeting. The Town Manager said the School Committee has requested that the Board of Selectmen call for a Special Town Meeting sometime in mid to late January. The reason for this request is to consider whether the Town will approve a bond to replace the high school. The Town Manager also noted that another capital improvement is a public safety facility. The preferred location for this complex is the upper field at the existing high school site. Unofficially the School Committee has agreed that the four acres at the upper field is surplus. The Town Manager also discussed the athletic fields that would need to be constructed because of the disruption of fields while the new high school is built. Mr. Lou Minicucci of the School Building Committee, gave a presentation on the new high school. The estimated cost of the building is $58,462,000;this is an increase of$8 million from a month ago. The new high school would contain 300,000 square feet versus the 230,000 square feet proposed in 1997. He also discussed various options including repair of the facility. The cost to renovate and build an addition is estimated at$43.3 million and would cause great disruption of classes. If a new high school is built, it will qualify for 63%state reimbursement. Mr. Minicucci discussed the size of the auditorium. It would have seating capacity for 800 people. William Duffy commented on the fact that North Andover does not have stabilization fund or the free cash that Andover has. Mr. Minicucci said it is the responsibility of the School Committee to let the Board know what is needed in facilities. He also noted that additional teachers would not be needed because of the new school;the number of teachers is based on the number of students. Mr. Duffy said he believes that good teachers who are paid competitive salaries are at the core of a wonderful school system. Mr. Minicucci said something has to be done with the high school. He noted the numerous problems at the high school. John Leeman asked what the State allows per square foot. Mr. Minicucci said approximately$190 and the high school would be approximately$191 per square foot. Diane Huster, School Committee, said the new high school would be funded by a debt exclusion. The cost to the Town would be $22 million. Board of Selectmen Minutes December 13, 1999 Page 6 John Leeman made a MOTION, seconded by James Xenakis,to open the warrant for the Special Town Meeting on January 31, 2000;vote approved 5 — 0. William Duffy pointed out that the Finance Committee and the Board of Selectmen must take an additional vote on whether the matter should come before the voters for the Special Town Meeting. John Leeman made a MOTION, seconded by James Xenakis, To see if the Town will appropriate$58, 462,000 for constructing, originally equipping and furnishing a new high school, including any necessary additional architectural services, construction management services, demolition and site improvements, such school to be built on that portion of the existing high school site shown as Parcel on Plan on file in the office of the Town Clerk; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $58,462,000 under Chapter 44 of the General Laws of Chapter 645 of the Acts of 1948 as amended; that the School Building Committee is authorized to take any other action necessary to carry out this project; provided, however, that no debt may be incurred under this vote, except for up to $5,000,000 for planning and other preliminary expenses, under the State Department of Education has included the Town's application for a state school construction grant on its list of completed project applications, showing the priority assigned; and provided that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, §21C (Proposition 2 '/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote; and that the Board of Selectmen is authorized to petition the General Court for an act to authorize the capitalization of interest during construction of the school project; vote approved 5 -0. John Leeman made a MOTION, seconded by James Xenakis, to call a special election on February 15, 2000 for the purpose of considering the following: Shall the Town of North Andover be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond issues to pay for constructing, originally equipping and furnishing a new high school building and related costs; vote approved 4 - 1 (William Duffy opposed). John Leeman made a MOTION, seconded by Donald Stewart, to see if the Town will vote to appropriate $300,000 to construct recreational facilities at the Foster Farm property and to authorize a bond for five (5) years in that amount; vote approved 5 - 0. Keith Mitchell spoke about incremental operations and maintenance costs for the high school. The Superintendent said the costs are for an additional custodian and utilities. William Duffy said that the proper way to handle these costs is through a stabilization fund. Tax Increment Finance Plan. William Scott, Director of Community Development, presented a plan to establish a tax incentive for property located at One Clark Street. He said that as manufacturing space increases the value of the property increases. It is more desirable to have manufacturing. John Leeman made a MOTION, seconded by William Duffy, to see if the Town will vote to approve the Tax Increment Financing Plan for One Clark Street(Hereafter known as the TIF Plan) and authorize the Board of Selectmen to teach an Agreement with the owner of the property, Aries Property Company, for a parcel of land and buildings thereon, located at One Clark Street, Assessors map 35 parcel number 14. The property shall be designated as a Tax Increment Financing Zone, which, as defined in the TIF Plan, presents exceptional opportunities Board of Selectmen Minutes December 13, 1999 Page 7 for increased economic development. As outlined, the TIF Plan the Town shall provide for an exemption of property taxes or a percentage thereof based on the incremental increase in property value in assessed valuation of the property for period of not more than 20 years in accordance with the requirements of Massachusetts General Laws Chapter 23A, Section E; Chapter 40, Section 49; and Chapter 59, Section 5 and pursuant to 751 CMR 1.04 (1)(b) and 402 CMR 2.18. In return for such tax benefits, in accordance with the TIF Plan, Aries Property shall ensure at One Clark Street the location and expansion of manufacturing, research and development or other like uses which increase job creation, provide higher property values, and retain and/or expand industry in the Town and the Commonwealth. A copy of the TIF Plan is on file with the Town Clerk; vote approved 5 —0. James Xenakis made a MOTION, seconded by John Leeman,to send a letter to the Department of Economic Development explaining this is an exceptional economic opportunity; vote approved 5 — 0. John Leeman excused himself from the meeting at this time. Fire Department Response Time Survey. This agenda item was deferred until December 20, 1999. Greater Lawrence Sanitary District. The Town Manager said the Board is aware of the dispute between the Town and the GLSD on the permitting process of both the capital improvement and the privatized sludge management facility. The GLSD applied to the state department of public safety for building permit. Special Town Counsel does not believe that the state has jurisdiction or authority to issue the permit. The Town Manager said public hearings would be held. NEW BUSINESS: Police Strategic Plan Presentation. Chief Richard Stanley presented the North Andover Police strategic plan. He discussed the Mission Statement, departmental organizational structure, professional development, enhanced community involvement program, and the community policing sub-committee. He said that working together is important. A Community service survey was completed and the priorities of residents included burglaries, robberies, breaking and entering, assaults and child neglect and abuse. Chief Stanley stressed that the current resource demands need to be enhanced. Closing of Warrant. William Duffy made a MOTION, seconded by James Xenakis,to close the warrant for the Special Town Meeting to be held on January 31, 2000;vote approved 4— 0. Annual Town Election. William Duffy made a MOTION, seconded by Donald Stewart,to set the date of the annual town election on March 21, 2000; vote approved 4— 0. Annual Town Meeting. The Town Manager said the deadline for submittal of internal requests for Articles is February 1, 2000. Veteran Services Director Selection Process. Agenda item deferred until December 20, 1999. Special Town Counsel--Media One. James Xenakis made a MOTION, seconded by William Duffy,to retain Attorney Charles Nesson; vote approved 4— 0. ADJOURNMENT: James Xenakis made a MOTION, seconded by Donald Stewart,to adjourn the meeting at 10:50 p.m.; vote approved 4— 0. Ann M. Keating Board of Selectmen Minutes December 13, 1999 Page 8 Administrative Secretary James M. Xenakis, Clerk of the Board