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HomeMy WebLinkAbout2001-06-11 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 11, 2001 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM at the Senior Center. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Rosemary Smedile; Donald B. Stewart;William Duffy; Mark Rees, Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss collective bargaining and review a request for release of executive session minutes; vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Chairman Xenakis stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Next Board of Selectmen meeting will be next Monday evening June 18, 2001, at 7:30 PM. Town Accountant. With the assistance of staff,the Board's subcommittee of William Duffy and Rosemary Smedile has completed the selection process for Town Accountant and is recommending Lyric M. Savage to be the town's next Town Accountant. Her negotiated salary is $57,000 per year. Rosemary Smedile, made a MOTION, seconded by William Duffy to appoint Lyric M. Savage as Town Accountant; vote approved 4-0. Financial Task Force Board of Selectmen appointment. The Board of Selectmen has three appointments to the task force, "two of whom will be selectmen and the third shall be an appointee of the Board and not a member of the Board."The position has been advertised in the newspaper and the Board has two candidates Judith Goodwin and James Messeder. Rosemary Smedile also said John Pallone a CPA was also interested in the position. William Duffy made a MOTION, seconded by Donald Stewart,to appoint Selectmen Xenakis and Selectmen Smedile to the Financial Task Force; vote approved 4— 0. William Duffy made a MOTION, seconded by Donald Stewart,to have the subcommittee of the Financial Task Force representatives from the Board of Selectmen of James Xenakis and Rosemary Smedile, meet to interview candidates and make a final recommendation to the Board for the final appointee to the Financial Task Force; vote approved 4— 0. Town Manager's Appointment to Financial Task Force. The Town Manager has one appointee to the task force. Mark Rees recommended Mr. Mark Weber of 95 Campion Way to serve on the task force. Mr.Weber has been a resident for over two years and is a practicing attorney. Resolution in Support: William Bannister, Eagle Scout Candidate, William Bannister requested Board endorsement and support of his Eagle Scout project of constructing one or two "Welcome to North Andover" signs. William Duffy made a MOTION, seconded by Donald Stewart,that subject to compliance with applicable state and local laws governing the erection of signs in North Andover,the Board heartily supports William F. Bannister, III's project to build"Welcome to North Andover" signs and encourage town residents and business to also support his efforts. Furthermore,the Board directs the Town Manager to assist William Bannister in receiving the necessary approvals from town officials; vote approved 4— 0. Board of Selectmen Minutes June 11,2001 Page 2 LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by William Duffy,to move into licensing; vote approved 3-0- 1 (James Xenakis abstained). James Xenakis made a note for the record that he would not be participating in the discussion this evening. Donald Stewart wanted to first of all apologize to people coming to the meeting two weeks in a row due to his fall last week. Den Rock Liquor. William O'Brien addressed the Board to change the location from Winthrop Ave at the North Andover Mall up to Peter's Street. This license has been assigned to the Burliss family for over thirty years. Resident Bea Fink asked how many liquor licenses were available. Donald Stewart stated two licenses were available. Resident Michael Kettenbach asked what motion was being voted on tonight for Den Rock Liquor? There are two appeals before the Alcoholic Beverage Commission. Mr. Kettenbach asked if the Board was voting on the denial of the location or the remand of the denial of the original license? Mr. Kettenbach also had an issue why Mr. Riley from the Alcoholic Beverage Commission called Mr. Xenakis at home inquiring about the remand issue. Mr. Kettenbach cannot pursue that because Mr. Xenakis is not sitting in on this hearing. Mr. Kettenbach would like to suggest that somewhere along the lines someone might have talked to Mr. Riley about an issue that should have been an open discussion before the community and then acted upon. Mr. Kettenbach's last issue is the site the liquor store is going to be relocated to is adjacent to a church, and a preschool. The Town Building Inspector reveals a very serious parking problem, since the opening of Panera Bread. Without sufficient parking, public safety becomes a major and serious concern and is of the opinion that the license should be denied for lack of adequate parking. Attorney William O'Brien answered some of the above questions of Mr. Kettenbach. The first was to answer what motion was being voted. Mr. O'Brien stated as advertised and published in the newspaper an application for the "Change of Location"for an All Alcoholic Beverages License from, Den Rock Liquor Mart, Inc,William Burliss Manager. The change being from Winthrop Avenue to Ace Hardware Center, Peters Street,North Andover. The notice is clear as to what is in front of the licensing commission. The Church is not adjacent it is across the street, nearby. The childcare center is no longer in business; it has been closed since March. The parking situation is fully permitted and is grand fathered; it is a legally existing non-conforming use. Mr. Kettenbach gave papers to the clerk for the record, along with memorandums from Chief Stanley and Mr. Nicetta stating parking has become a serious matter at the plaza and recommends unfavorable action. Attorney O'Brien stated that on Sept 29, 2000,the original letter from the Building Department,the final conclusion is that the Building Department did not object to change of location and now they have done a 180 degree turnaround but still acknowledge that the parking lot exists legally, complies as it was grand- fathered. Resident William Buco submitted a letter for the record with his objections due to parking, proximity to church and schools,traffic and congestion, proximity to other licensees,there are 4 to 5 other liquor stores within a 2 mile radius, including Mr. Buco's store on Chickering Road. Mr. Buco stated he is not worried about competition, he is worried about saturation. Mr. Buco asked the Board to consider all these facts when they vote on Den Rock's license. Rosemary Smedile stated the State tells the Town, based on the population from the census, how many liquor licenses the Board can grant in the Town. Board of Selectmen Minutes June 11,2001 Page 3 Several residents spoke in favor of William Burliss as a businessman and for his character along with only one violation in over thirty years of business. The residents were in support of transferring the liquor license. William Duffy made a MOTION, seconded by Rosemary Smedile,that the location of the liquor store will not be detrimental to the educational and spiritual activities of the Methodist Church on Peter Street, and this finding be reduced to writing as required by General Laws Chapter 138, Section 16C; vote approved 2- 1 (Donald Stewart opposed). William Duffy made a MOTION, seconded by Rosemary Smedile,that the Board of Selectmen approve the change of location of Den Rock liquors as outlined in the official notice; vote approved 2-1 (Donald Stewart opposed). Rosemary Smedile stated Mr. Burliss has been in business for 33 years with one infraction and is exactly the type of licensee that this town needs. He received high ratings from the Police Department in his diligence in protecting the youth and minors of this town. He is moving 8/1 Oths of a mile and this is a transfer, a change of location. Rosemary Smedile also stated anyone with these credentials is due favorable consideration by the Board of Selectmen. Licensing Commission Donald Stewart stated he voted against this because it originally came to the Board as a change of location for the license and the ABCC says you have to have an address to put that license on. At the time there was no address to transfer it to. Donald Stewart agrees with a lot of the comments made however the original issue without all the appeals goes back to a transfer of a location with no location to transfer it to. Donald Stewart stated he has been on the Board over 10 years and this is the first time he has seen a reconsideration of a vote. Mr. Stewart also stated he hopes in March with two new members of the Board that this vote tonight doesn't get reconsidered too. Andover Liquors. Attorney Michael Morris representing S. Joseph Hoffman of The Vineyard stated Mr. Hoffman filed an application on May 14, 2001, for an All-Alcohol License. The Vineyard had a Wine & Malt License and would like one stop shopping for their customers therefore applying for an All-Alcohol license. Mr. Hoffman has run Andover Liquors for 23 years in Andover and has been at the Vineyard for over 5 years. Mr. Hoffman's customers would like to see him supply the service of an All-Alcohol license and submitted over 600 signatures from residents desiring this service. Mr. Morris stated there were three businesses that submitted letters to the Town Clerk expressing interest in being considered for the license. Mr. Morris stated the letters have no force or effect and for whatever it is worth Mr. Hoffman submitted his letter over three years ago. There is case law that says that when you make a decision considering all criteria, you cannot look at the possibility of someone else submitting an application. The Court says you can only examine the application and the applicant in front of you, you cannot consider any possible future applications that may not come. Simply put you can't freeze this applicant until you wait for another applicant. There are no violations against this applicant. Rosemary Smedile stated she was unclear as to the procedure for granting licenses. What criteria and policies are being followed? Selectman Stewart stated he goes by the one that is asked for first. Mr. Hoffman has been on the list waiting the longest. William Duffy made a MOTION, seconded by Rosemary Smedile,to approve the All-Alcohol license to Andover Liquors; vote approved 4-0. Donald Stewart commented that Andover Liquors does have an address and a lease. Rosemary Smedile commented that it concerns her that the other applicants were not part of the decision but Ms. Smedile did read in the laws that the Board had to act on the application within 30 days. Mr. Hoffman has held his license the longest, he did get his application in and has a good record. Rosemary Smedile did tour the facilities of all three applicants prior to the Board meeting this evening. For the Board of Selectmen Minutes June 11,2001 Page 4 record, Rosemary Smedile stated this is not the way we should be doing things in the future. Donald Stewart stated nothing was done on purpose to bypass anyone. Donald Stewart apologized to the other applicants if they were informed late. William Duffy made a MOTION, seconded by Rosemary Smedile,to move out of licensing; vote approved 4- 0. The Board took a 5-minute recess. James Xenakis called the meeting back to order. PUBLIC HEARING: Massachusetts Electric Company. Plan No. W53/441 Waverly Rd. Place 1 (one)pole 490/464-84. Massachusetts Electric withdrew this pole petition without prejudice. William Duffy made a MOTION, seconded by Donald Stewart,to allow the petitioner to remove their request without prejudice; vote approved 5 — 0. Water and Sewer Rates FY02. This was continued from last week's Board of Selectmen meeting June 4, 2001. Town Manager Mark Rees updated the Board with different alternatives. The firm of Woodcock&Associates conducted the rate analysis. This firm has provided rate recommendations to municipal utilities through out the country for many years. The study was required by an administrative consent order between the Town and the Massachusetts Department of Environmental Protection. This consent order mandates that North Andover implement water conservation measures, among other steps,to protect the long term viability of our primary source of drinking water; Lake Cochichewick. William Duffy made a MOTION, seconded by Rosemary Smedile,to change the current base charge for water from a range of$11 - $361 to $5.55-$86.02 (Alternative 43 in Woodcock&Associates recommendation); vote approved 3-1 (Donald Stewart opposed). Donald Stewart asked why aggravate people with a base rate? Mr. Duffy stated this is recommended by the American Water Works and the New England Water Works,the base rate is a progressive management tool that attempts to fairly allocate the cost of the operation to the users. William Duffy made a MOTION, seconded by Rosemary Smedile, for alternative 4 3 ascending rate structure with base charge of$2.47 for first 1 —20 units of water; next 21 to 80 units $3.59/unit; and 81 units and above $4.23/unit, and all bypass and second meter use that includes sprinklers at$4.23/unit; vote approved 3-1 (Donald Stewart opposed). William Duffy made a MOTION, seconded by Rosemary Smedile,to reduce the Fire protection charges and range in price from $27 to $413.00; vote approved 3-0-1 (Donald Stewart abstained). William Duffy made a MOTION, seconded by Rosemary Smedile,to eliminate the base charge on sewer bills except for those sewer users who do not use water, and put in place under alternative 4 3 sewer charges of $2.82 for the first 0-20 units; $6.50 for 20-80 units; and$7.94 over 80 ccf/qu; vote approved 3-1 Donald Stewart opposed. Mesiti Development Corporation. At Town Meeting, it was voted to authorize a settlement with Mesiti Development Corp. In order to do this the Board has to vote to submit to the State Legislature the proposed Mesiti Settlement as well as set the sewer connection fee for future hook up fees to the Route 114 sewer line at$1557 per unit. Board of Selectmen Minutes June 11,2001 Page 5 Resident Bea Fink stated that nursing homes are dumping lots of chemicals and pills because state law that they can't reuse them,they buy in large quantity and flush them down the drain. Ms. Fink is concerned with the chemicals going into our waste stream. Once the sewer is hooked up she is concerned with the chemicals. James Xenakis stated that was a very valid point. Ms. Fink asked if conditions could be put on the nursing home that they do not dump medical waste in the sewer. William Hmurciak, Director of Public Works stated there are regulations that prohibit an inappropriate discharge based on the sewer regulations. There is also a pretreatment program at GLSD,which should pay attention to the circumstances at the nursing home, and GLSD. The Town Manager stated he would look into this issue and get back to the Board. James Xenakis also asked the Town Manager to see what efforts GLSD would have to prevent any harmful effects put forth by having chemicals in the sludge. This matter has been postponed one week for clarification. Resident Judith Goodwin asked what happens if the Town brings the Mesiti settlement to State Legislation and it does not go through. Town Manager Mark Rees stated the litigation continues with Mesiti suing the Town but the individuals would not be sued as Mesiti decided to drop that portion if the Town would bring this to Town Meeting. Executive session minutes on Mesiti would not be released while still in the process of litigation. Once the key document is finalized it will be presented in executive session but it will be available for anyone to compare it with the document presented at Town Meeting. TOWN MANAGER'S REPORT: Town awarded$295,000 grant for Town Hall. Representative Bradley H. Jones, Jr. informed the Town this week that the Town was awarded a$295,000 grant from the Community Development Block Grant Program to make the Town Hall handicap accessible. This grant award triggers the release of$800,000 authorized at the December 2000 Town Meeting to renovate the Town Hall. We should thank the members of our state delegation for their assistance in securing this grant. Chapter 70 aid to North Andover. The Town was informed that the Senate version of the FY02 budget does not contain any additional funds for Chapter 70 aid to North Andover higher than what was included in the House budget previously released. Municipal bond rating. On June 7, 2001 Finance Director Chuck Benevento and Town Manager Mark Rees participated in a telephone conference with representatives of Moody's and Standard&Poor to discuss the town's upcoming bond offering. Written reports have not yet been received but the bond agencies were encouraged by the Town's efforts to address financial concerns such as adopting a five-year capital plan, long term financial planning and adopting enterprise accounting for the enterprise funds. The agencies were mainly concerned about the small amount of reserves the Town has as well as the agencies would like to see a longer track record for the new management team. Planning Board. The Planning Board recently reorganized as follows: John Simons, Chair; Alberto Angles, Vice Chair and Richard Nardella, Clerk. In addition, Richard Nardella is the Planning Board's appointee to the Financial Task Force and Alison Lescarbeau is their liaison to the Telecommunications Subcommittee. ADJOURNMENT: William Duffy made a MOTION, seconded by Rosemary Smedile,to adjourn the meeting at 10:10 PM; vote approved 5 — 0. Kathleen O'Neill Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board