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HomeMy WebLinkAbout2001-05-07 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 7, 2001 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Rosemary Smedile; Donald B. Stewart;William Duffy; Mark Rees, Town Manager. APPROVAL OF MINUTES: William Duffy made a MOTION, seconded by Donald Stewart to approve the executive session and open session minutes from the meeting of January 22, 2001, open session minutes of January 29, 2001, executive session and open session minutes of February 12, 2001, and the executive session and open session minutes of February 20, 2001, vote approved 3-0-1, Rosemary Smedile abstained as she was not a member of the Board during those meetings. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Board of Selectmen meeting. Next Board meeting is May 14, 2001,at the North Andover High School before Annual Town Meeting. Softball Game. In lieu of a golf tournament the Andover and North Andover Board of Selectmen will be holding a softball game. Proclamation for Falun Dafa Day May 13, 2001. Falun Dafa is a traditional Chinese meditation practice for the purpose of balancing mind and body for thoughtful people of all ages and is founded on the principle of truthfulness, compassion and tolerance. This request was made from Jennifer Zhang of 3 Windemere Drive, Andover, Ma. William Duffy made a MOTION, seconded by Rosemary Smedile,to adopt May 13, 2001 as Falun Dafa day in the Town of North Andover. Maritimes Pipeline Selectmen representative. Rosemary Smedile stated she would have to remove herself from the Maritimes Pipeline Committee due to a family conflict. Selectman Smedile has family in some of the proposed locations. James Xenakis recommended Donald Stewart for the committee to represent the Board of Selectmen. Rosemary Smedile made a MOTION, seconded by William Duffy,to appoint Donald Stewart to the Maritimes Pipeline subcommittee; vote approved 3-1. (Donald Stewart opposed). Thank you from John Savastano for playing fields. John Savastano thanked the Board for getting the fields in condition for the season. He also thanked Kenny Wedge and members of the DPW for getting the job done. James Xenakis also thanked Town Manager Mark Rees for expediting this issue. PUBLIC HEARING: Coventry Lane (Continued). James Xenakis stated that a verbal communication from William Hmurciak to Town Manager Mark Rees that Fleet Bank asked to withdraw their request for acceptance of the roadway at this time. They will resubmit their request in the fall. This will provide the Bank with additional time to resolve the outstanding pumping station issues related to this subdivision. In today's mail Town Manager received a letter from Attorney Christopher Chappell for the developer, which he asked the Board to reconsider the layout. The Planning Board is adamant in their opposition that this road not be accepted until the issue of the pumping stations is resolved. James Xenakis stated with Town Meeting being a week away,the recommendation is not to layout Coventry Lane and let it come up again when the issue is resolved. No Action on this layout. Board of Selectmen Minutes May 7, 2001 Page 2 William Duffy stated the Board should get a written opinion from Town Counsel on what authority the Planning Board has on street acceptance with the pumping stations issue. Town Planner Heidi Griffin stated she spoke with Town Counsel, did not request a written legal opinion, asking him if the issue of the pumping station was in the boundary of the Planning Board accepting a road and Town Counsel told Heidi Griffin they were not over stepping their bounds. James Xenakis stated it would not be relevant to this Town Meeting because of the time frame but it would answer Mr. Duffy's question to get written legal opinion from Town Counsel. CONSENT ITEM: Lawrence Airport Educational Foundation(LAEF)hang banners from May 17, 2001-May 20, 2001. William Duffy made a MOTION, seconded by Rosemary Smedile,to approve the request from Lawrence Airport Educational Foundation(LAEF)to hang banners on the Sutton St. airport entrance from May 17, 2001 through May 20, 2001;vote approved 4-0. Discussion: Donald Stewart stated he has received several complaints with airport noise with jets taking off at 1:00 AM and 2:00 AM. James Xenakis asked the Town Manager if he could ask someone from the airport to come before the Board to discuss the airplanes taking off at these hours. Rosemary Smedile stated this is really a very worthwhile event for families and has attended this event in the past. OLD BUSINESS: Reprecincting Map. Town Clerk Joyce Bradshaw presented the Board of Selectmen with her final recommendations on the town's reprecincting map required because of the recent federal census. The map has had all final changes that the two state senators and state representatives along with public comment. Rosemary Smedile made a MOTION, seconded by Donald Stewart,to accept the reprecincting map as presented by Town Clerk Joyce Bradshaw; vote approved 4— 0. Greater Lawrence Sanitary Sewer District-DEP Air Quality Permit. Department of Environmental Protection has written a draft air quality permit that according to Attorney Kenneth Kimmell,the Town's special counsel on environmental affairs, addresses most of the Town's concerns including the provision of 100 foot stack,the use of only natural gas, and not oil in the existing boilers (except when gas is not available) and numerical limits on the emissions of cadmium and arsenic and testing to ensure compliance with those limits. Attorney Ken Kimmell stated there are two pieces of litigation the Town is involved in with GLSD. The first is a superior court case as to whether the Town has control to regulate any aspects of the GLSD operation. That case is pending in Superior Court, no decision has been reached and what we discuss tonight will have no affect either way. What we are discussing tonight is last summer the DEP issued a draft air quality permit for the sludge heat drying facility. The Town of North Andover appealed that decision to an administrative law judge, within the department in Boston, and the case is coming up in a few weeks. The Town appealed that permit not to stop the project but rather to have additional conditions put into the permit that we thought the draft permit lacked. There were three in particular. 1. The Town wanted the stack height raised to 100 feet. 2. The Town wanted the existing boilers for the facility to run exclusively on natural gas rather than fuel oil. 3. The Town wanted testing and limits placed on certain metals that are emitted through the sludge drying process. This settlement gives the Town about 95%of what we wanted. It represents substantial movement on the part of the DEP and is as good as we would do if we went to trial. It is Ken Kimmell's recommendation for the above reasons to accept the settlement. The other 5%would represent metals of chromium, copper, nickel, mercury and lead that would not be tested. Board of Selectmen Minutes May 7, 2001 Page 3 Dennis Carr stated he would like to see a formal process to document the number of odor complaints along with noise complaints from the airport. A resident asked if the Town could put an odor hotline in place with a tie in and feedback to the Town. James Xenakis stated the Town Manager volunteered to put together a memorandum of understanding and the Board can discuss the various paths. Donald Stewart made a MOTION, seconded by William Duffy,to authorize Counsel entering into a settlement in terms of the draft agreement for the air quality permit for the sludge heat drying facility; vote approved 4— 0. Executive Office of Environmental Affairs-Response to request for moratorium on new facilities that emit toxins. Several months ago the Board sent to the Executive Office of Environmental Affairs a letter requesting that EOEA impose a moratorium on new facilities that emit toxins in the region. In response to the Town's request, Secretary Durand sent a reply and mentioned the Town's efforts to locate Sweetheart Plastics in North Andover possibly being in conflict with the intent of the Town's moratorium request. Town Manager Mark Rees stated clarifications will have to be made to DEP, we don't want anymore pollution in the area but at the same time the Town does not want to discourage economic development in the Town. James Xenakis volunteered to work as a one-person subcommittee along with the Town Manager to draft a response to Secretary Durand's letter. Rosemary Smedile made a MOTION, seconded by William Duffy,to authorize James Xenakis and the Town Manager along with Joan Kulash,to draft a letter in response to Secretary Durand; vote approved 4— 0. William Duffy stated the Board did not rush out and invite Sweetheart Plastics to Town, it is a troublesome area because of the number of facilities that put emissions into the air, and thought the Commissioner made a valid point as North Andover is supporting Sweetheart Plastics moving to Town and can understand the inconsistency of the Town reaching out to an operator who is in an industry as Sweetheart Plastics. James Xenakis stated that Sweetheart Plastics indicated that every piece of plastic is used with no by-product. There is no waste. The mold is reused until the entire product is used. Preparation for May 14, 2001 Annual Town Meeting. 1. Community Preservation Act Land Acquisition, Articles 39 &40. John Simons of the Community Preservation Act Committee along with Nellie Aikenhead from Trust for Public Land addressed the Board of Selectmen. John Simons stated the Carter Hill property is 27 total acres of land in the Lake Cochichewick Watershed area. The North Andover Open Space Committee in terms of watershed protection, proximity to existing open space, development risk, unique aesthetical/historical significance, and highly valued wetland/wildlife habitat rank the property 41. The negotiated purchase price of the land is $1.4 million dollars and an additional $30,000 will be held in escrow for the extension of the sewer to the abutting property even though that may never come to pass it is better to do it now and put the full amount on the table. The funding for this property will come directly from the Community Preservation Fund with no override along with matching funds from the State. There is a good change the Town will also receive a special grant for open space. William Duffy made a MOTION, seconded by Rosemary Smedile,to recommend favorable action on Article 40 Acquisition of Land-Hawk Ridge Subdivision-Assessors Map 62 Lot 5-Bradford Street bordered by Mazurenko Farm and Barker Dairy Farm; vote approved 3-0 (Donald Stewart left the meeting and did not participate in the vote). Selectman Donald Stewart returned to the meeting. Board of Selectmen Minutes May 7, 2001 Page 4 2. Water and Sewer Enterprise Fund Budgets, Article 9 & 10. At the last meeting this item was tabled for further discussion. Consultant Chris Woodcock presented information on the amount of revenue generated by the base charge, as well as,the impact on his proposed rate structure should the base charge be eliminated entirely. The Board does not need to make a decision regarding rates at this time, but should vote whether or not to recommend approval of the water and sewer enterprise fund budgets for FY02. William Duffy made a MOTION, seconded by Rosemary Smedile,to recommend favorable action on Article 9 & 10,the recommended sewer and water enterprise fund budgets; vote approved 4-0. Discussion: Selectman Duffy commented that people are asking what it will mean to them, how much will water cost,to water their lawns with irrigation systems, sprinklers, pools etc. William Duffy stated the town should get as much information possible out to the people. Town Manager Mark Rees stated an ascending scale is being used which encourages conservation. It is fairer because the people using the least amount of water like the elderly are not subsidizing people who are using larger amounts of water. 3. Memorandum of Understanding between Board of Selectmen, Finance Committee and School Committee. The Budget Communications Group has been working diligently over the past several weeks to develop a consensus budget that the Selectmen, Finance Committee and School Committee could support at the May Annual Town Meeting. It was agreed at the BCG meeting,that members of the group would present the draft MOU to their respective boards and seek approval of the document. If all parties agreed to the MOU then we will have reached our short-term goal of presenting a unified budget proposal to Town Meeting. William Duffy stated this should not be a precedent setting measure;this is for the purpose of this discussion only and not to be brought back next year as a bargaining matter,to say we did it that way last year. Town Manager Mark Rees stated it should not be considered precedent setting, however it should not also be considered as closing out any future discussion either. William Duffy made a MOTION, seconded by Donald Stewart,to accept the language of the MOU between the Board of Selectmen, Finance Committee and School Committee, on the condition that this document and the agreement in regards to Chapter 70 supplemental lottery funds does not become a precedent setting measure in the future; vote approved 4— 0. 4. Review of Motions for May 14, 2001 Annual Town Meeting, Rosemary Smedile made a MOTION, seconded by William Duffy,to recommend favorable action on Article 3: Fiscal Year 2001 Budget Transfers; vote approved 4-0. William Duffy made a MOTION, seconded by Rosemary Smedile,to recommend favorable action on Article 11: Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2002; vote approved 4-0. William Duffy made a MOTION, seconded by Donald Stewart,to recommend favorable action on Article 14: Expenses relating to the acceptance of private ways; vote approved 4— 0. Donald Stewart made a MOTION, seconded by Rosemary Smedile,to recommend favorable action on Article 15: Mesiti Settlement; vote approved 3-1 (William Duffy opposed). William Duffy made a MOTION, seconded by Donald Stewart,to recommend favorable action on Article 16: Reducing the beaver population; vote approved 4-0. William Duffy made a MOTION, seconded by Donald Stewart unfavorable action on Article 17: Stop sign appropriation-Massachusetts Avenue and Osgood Street; vote approved 4-0. Board of Selectmen Minutes May 7, 2001 Page 5 William Duffy made a MOTION, seconded by Donald Stewart to recommend unfavorable action on Article 21: Amend Town Code-Chapter 170-Underground Utilities Bylaw; vote approved 3-0-1 (Rosemary Smedile abstained). William Duffy made a MOTION, seconded by Donald Stewart to recommend favorable action on Article 34: Street Acceptance Orchard Hill Road; vote approved 4— 0. Rosemary Smedile made a MOTION, seconded by William Duffy to recommend favorable action on Article 36: Street Acceptance Huckleberry Lane; vote approved 4— 0. William Duffy made a MOTION, seconded by Donald Stewart to recommend favorable action on Article 37: Land Acquisition-Ingalls Street; vote approved 4— 0. For the record James Xenakis wanted to maintain his opposition to the location of the Fire Station at Ingalls Street Osgood Hill Wireless Telecommunications Facilities Proposals. At the last Board meeting the Board voted to have the Telecommunications subcommittee review the proposals that came in and was adverse to open the bid by Sprint because of some perceived issue of the submission. The Board determined the issue was not significant and authorized the Subcommittee to open the proposals. The first proposal was from AT &T for$2,242 per month and the other from Sprint at$2,300 per month. William Duffy made a MOTION, seconded by Donald Stewart,to accept the recommendation of the Telecommunications subcommittee and further recommends the Board of Selectmen work with both Sprint Spectrum and AT&T to develop a plan for the co-location of both parties at Osgood Hill. Such plan would include, where possible,the reduction of impacts to the site by the sharing of driveways and utilities; vote approved 4— 0. Walter Soule, member of the Telecommunications subcommittee thanked the Board of Selectmen for addressing the zoning of antennae and its nice to see this come to conclusion. James Xenakis thanked Walter Soule for all his efforts on the Committee. James Xenakis would also instruct Town Counsel to negotiate and discuss with AT &T and Sprint the feasibility of co-location. Christine Morrissey of Sprint stated Sprint&AT&T are getting together at Anderson&Kreiger Law Firm this Thursday on Thorndike Street in Cambridge to work together on this issue. TOWN MANAGER'S REPORT: Congratulations to Library Director Sue-Ellen Holmes. Library Director Sue-Ellen Holmes and her staff received the first place award from the Mass. Library Association Public Relations Awards for the Library's Anne Bradstreet events. Frederick Spicer's Sewer Break. Frederick Spicer's sewer break issue has been resolved in favor of Mr. Spicer. It was determined that the break occurred at the intersection of his connecting pipe and the sewer main. The town repaired this pipe. Police Dept. receives grant. The Police Dept was the recipient of a$3,000 Child Passenger Safety Installation Grant from the Governor's Highway Safety Bureau. Memorial Day Parade. Veteran's Service director Edward Mitchell invited he Board to participate in Memorial Day observations on May 28, 2001. Town Accountant's position. Town Manager Mark Rees recommended a subcommittee would be appropriate to interview the Town Accountant candidates. William Duffy made a MOTION, seconded by Rosemary Smedile,to appoint William Duffy and Rosemary Smedile to a subcommittee to interview the town accountant candidates and have the subcommittee make a recommendation to the full board and have the candidate appear before the board when they make their favorable recommendation; vote approved 4 - 0. Board of Selectmen Minutes May 7, 2001 Page 6 ADJOURNMENT: Donald Stewart made a MOTION, seconded by William Duffy,to adjourn the meeting at 10:10 PM;vote approved 4— 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board