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HomeMy WebLinkAbout2001-05-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 9, 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; John R. Leeman, Jr.; Donald B. Stewart; Mark Rees, Town Manager. (William Duffy not present). EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss legal matters in regards to Mesiti Development Corporation and Labor Negotiations; 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 Board of Selectmen Meeting. The next Board of Selectmen meeting is scheduled for Monday, April 23, 2001, at Stevens Memorial Library at 7:00 PM, and following that April 30, 2001. There will be regular Monday meetings between now and Town Meeting. Child Abuse Prevention Month. John Leeman made a MOTION, seconded by Donald Stewart,to approve the proclamation for National Child Abuse Prevention Month; vote approved 4— 0. Chairman Xenakis read the proclamation for National Child Abuse Prevention Month that Selectmen Stewart and Selectmen Smedile will present at the Exchange Club of Merrimack Valley. Transfer Station. Dennis Card of Wood Avenue,North Andover asked about recent press coverage of a potential trash transfer station in North Andover. James Xenakis stated the Board has no official stance and has not met collectively to discuss this matter,there have been no votes taken. The Board would be irresponsible if the Board rushes to judgment on any facility whether it be a"strip club"or a"transfer station". Dennis Card asked that there be sufficient public notice when this will be on a future agenda. OLD BUSINESS Appointment to Community Preservation Act(CPA) Committee. There is one two-year term available. John Leeman made a MOTION, seconded by Rosemary Smedile,to appoint William Barrett to the two- year term for the Community Preservation Act Committee; vote approved 3-0-1. (Donald Stewart abstained). Donald Stewart asked for discussion on the appointments and stated maybe all names should have been put in a hat as two appointments were put on last week and only one space was available this week. James Xenakis stated some clear choices were brought forward last week and left one seat available in case more people had expressed interest. Donald Stewart had no objection to Mr. Barrett's appointment. Preparation for Annual Town Meeting. Most of the work has been completed in regards to preparation for the Annual Town Meeting and the warrant has been finalized. Mark Rees thanked Town Clerk Joyce Bradshaw for her yeoman's work going above and beyond the call of duty pulling it altogether. The Board asked for additional information regarding Article 14, expenses relating to acceptance of private ways; Article 37, Land Acquisition: Ingalls Street and Article 38, Acquisition of Land: Third Fire Station, Town Manager Mark Rees presented the Board with the plot plan map that indicates in the shaded area,parcel 20,the land the Town is trying to gain clear title to under article 37 and the circled parcel 24 is the land currently owned by the State that Article 38 seeks for the Town to acquire for the out-country fire station. Community Development Director William Scott submitted maps providing response times for the current fire station locations and for the proposed alternative locations. Board of Selectmen Minutes April 9,2001 Page 2 Rosemary Smedile expressed her thanks to the Finance Committee and Town Clerk Joyce Bradshaw for working double time to get the warrant done on time. James Xenakis shared his thanks to all volunteer boards that sacrifice their evenings several nights a week, several weeks out of the year on behalf of the Town. NEW BUSINESS Flooding Concerns: Foster Street and Winter Street. As a result of the flooding conditions due to snow and severe rain storms the Town experienced recently,two neighborhoods have come forward with concerns about particular culverts on Lost Brook Drive as described in a letter from Catherine F. Clark and Winter Street as indicated from Donna and David Lind. Present at this evening's meeting is Scott Masse, Chairman of the Conservation Commission. 1. Foster Street Area. Several residents from Foster Street appeared before the Board of Selectmen. Brian Lagrasse, Administrator of the Conservation Commission updated the Board that FEMA has a detailed study of this area and determined a footprint elevation before and after the culvert. The flood plan before the culvert FEMA determined to be at elevation of 124; after the culvert the elevation was at 117. The engineer tried to do when they designed the roadway was mimic the preexisting conditions to not change the flood plane elevation before and after the culvert. If they had,they would have created a lot more downstream flooding. Flooding has never happened until the bridge was built in 1994-1995. There is a direct correlation between the building of the bridge and the flooding. With all the development in out country and upstream there is a lot more surface runoff. John Leeman asked William Hmurciak if the Town wanted to get some calculations done on what the runoff is to this point and if it has increased since the bridge was built. William Hmurciak stated a hydrological study of the entire watershed would have to be completed dealing with upstream and downstream of Mosquito Brook as well as the branch near Foster St. and up through Haymeadow Road and up to the location at 575 Winter Street. If the Town increases the pipe size it is just going to cause the problem to go downstream. John Leeman asked which department would be best to handle this problem Conservation or Department of public works? William Hmurciak stated it would require engineering to do a study on the Mosquito Brook watershed and the branch watersheds. It could be either the consultant for the Conservation Commission or the consultant for the Planning Board. Both are capable and are doing reviews in subdivisions currently or it can be some other engineering firm. John Leeman made a MOTION, seconded by Rosemary Smedile,to hire a disinterested third party to look over the drainage calculations,take a look at the concerns of the residents and find out what has been done at the Lost Pond Lane culvert and report back to the Board; vote approved 4— 0. Deborah Moore of 546 Foster Street stated with all the construction in the last ten to fifteen years is when all the flooding and problems began, especially with the development of the neighborhood Foxwoods. Cheryl Pearson of 58 Salem Street stated she never had flooding for forty years. Now with the development of Heritage Estates,there is an easement and drainage is emptying into her backyard. John Leeman stated a letter should be sent to the developer and make sure the detention pond is cleaned out and working properly. Ms. Pearson stated she has had to hire an attorney and ask to have this piped off her property. Rosemary Smedile asked what is the Town's recourse when engineering doesn't go the way we're expecting it to go. When new development comes in the residents should not have to suffer flooding and in all cases this is not working. The Town can't afford to constantly go around fixing all these problems. Sam Ameen, not being directly involved in that area, stated there should be a timetable where the people should expect to get an answer of what can be done or what is going to be done and the other issue further clarification required when you have a problem who do you complain to. One group is saying they haven't Board of Selectmen Minutes April 9,2001 Page 3 heard any complaints. There should be an established, published methodology to be able to lodge a complaint with the right authority either the Town Manager or his delegate. Town Manager Mark Rees stated that there are cross jurisdictional committees like Conservation and the Planning Board. Mark can act as a facilitator in trying to resolve these issues. 2. Winter Street Area. Donna and Dave Lind stated they live at 575 Winter Street and her husband kayaked out of the driveway into the woods. They had twelve inches of water in the basement and could not pump because they are part of the river. The Lind's would like to address the culvert on Winter Street. The water comes up to the culvert and flows across the street, it is plugged on the Lind's property, and the culvert cannot handle the flow. Brian Lagrasse stated the culvert is only a twenty-four inch culvert and he does not think it is enough to handle the runoff from the brook. Brian Lagrasse stated the Lind's would have to note that they do live in a flood plain. Mrs. Lind stated they have conflicting stories because they have something dated 6/8/93 from Merrimack Engineering stating they do not live in a flood plain. Then Mrs. Lind went to the Town Hall and that shows she is in the flood plain. Access Parking Partner Patrol Program(Commission on Disabilities). Cheryl Vazza-Scott, Chair of the Commission on Disabilities and Co-Chair James Lyons presented the Access Parking Partner Patrol Program to the Board. James Lyons stated this could be a great partnership between the Disabilities Commission and the North Andover Police Department. It increases awareness and opportunity for enforcement. The Police will hold informal training and learn the law and the members of the Commission have the authority to go out and take a picture with an instamatic camera. The Commission will issue a statement along with the picture, which will include the license plate and has to show the space with the handicap parking sign. The Police will decide whether to issue the citation. The Commission will not be involved with the enforcement but with working with the Police. There are currently 7 members on the Commission who would have the authority to take the pictures. There are several communities currently using this program like Methuen, Andover, Reading and Danvers. Selectman Donald Stewart stated there is blatant abuse of Handicapped Parking and the Police Department can't be everywhere at once. Lt. John Carney is in agreement with this program and will train the Commission how to avoid confrontations. The person getting the ticket would have the right to appeal the ticket. Donald Stewart made a MOTION, seconded by John Leeman,to move forward with the Access Parking Partner Patrol Program; vote approved 4-0. James Lyons stated the funds generated from the tickets would go to the Disability Commission to pay for cameras and film and purchase equipment like a nice ramp for Town Hall. Town Manager Mark Rees stated this would probably require Town Meeting vote, Rosemary Smedile stated funds usually go into the General Fund for fees and would be a new policy for the Town. Mark Rees asked James Lyons to write him a memo for his file for the next Town Meeting. Lawrence Municipal Airport Master Planning Committee. Mark Rees received a phone call from the acting Director of the Lawrence Municipal Airport requesting that either Mark, or his designee, serve on a committee that is developing a master plan for the future of the airport. Rosemary Smedile made a MOTION, seconded by Donald Stewart to appoint John Leeman to the Lawrence Municipal Airport Master Planning Committee; vote approved 4— 0. Authorization Bond Anticipation Note: High School Project. The design work has begun on the new High School making it necessary that the Town issue a(BAN) Bond Anticipation Note to provide cash to pay for these services and prevent the Town running a deficit in its capital budget. The Board will be asked to sign a$5,000,000 note at 3.4%interest for one-year period. The total interest cost for this borrowing is $12,300. Under the financing plan put into place for this project,the Town will continue to issue BAN's for the design and construction of the High School until such time as the Town begins receiving reimbursement Board of Selectmen Minutes April 9,2001 Page 4 from the State at which time The Town will permanently bond the debt. The interest costs for the BAN'S is an eligible cost for partial reimbursement for the State under the School Building Assistance Program. John Leeman made a MOTION, seconded by Donald Stewart,to authorize signing the Bond Anticipation Note for$5,000.000; vote approved 4— 0. TOWN MANAGER'S REPORT: Deficit in Legal Budd As the Board was previously made aware,the Town anticipates a significant deficit in the Town's legal budget. In order to address this potential problem, Mark Rees has requested the Town division directors to identify areas where they can reduce their budget and have the money transferred to the legal line item at Town Meeting. People for the Environment. On Wednesday of this past week, John Leeman, James Xenakis and Mark Rees met with representatives of People for the Environment to discuss the adult entertainment proposal on Holt Road and possible alternatives. Subcommittee to review Redistrictin g Zoning M _ John Leeman made a MOTION, seconded by Donald Stewart,to appoint Donald Stewart and Rosemary Smedile to a subcommittee to work with Town Clerk Joyce Bradshaw reviewing the redistricting zoning map; vote approved 4— 0. ADJOURNMENT: Donald Stewart made a MOTION, seconded by John Leeman,to adjourn the meeting at 9:14 PM; vote approved 5 — 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Chairman