HomeMy WebLinkAbout2002-08-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES August 12, 2002
CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM at the Steven's Memorial Library.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis, Donald B. Stewart,
Wendy Wakeman, Susan Haltmaier, Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Rosemary Smedile to move into
Executive Session to discuss the status of negotiations with union employees and non-union employees.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
APPROVAL OF MINUTES: Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve
minutes of April 9, 2002, Open Session as amended; April 12, 2002, Open Session as amended; April 22, 2002,
Open Session as written, June 10, 2002, Open Session and Executive Session as written; June 18, 2002, Open
Session and Executive Session as written; and July 15, 2002, Open Session as amended. Minutes of April 22,
2002, Executive Session will be removed from the Agenda and will be brought back at future session.
Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificate of Appreciation for Raymond A. Vivenzio.
The Board of Selectmen presented Raymond A. Vivenzio a Certificate of Appreciation for 21 years of dedicated
service to the Town of North Andover as a member of the Zoning Board of Appeals. The Board also recognized
Rich Gacioch from the Cable TV committee for 21 years of service.
Voter Registration.
Important notice to voters from the Town Clerk on September 17, 2002. Wednesday, August 28, 2002, is last day
to register or change party affiliation to vote in the state primary election. The office of the Town Clerk will be
open till 8:00 p.m.
LICENSING COMMISSIONERS:
James Xenakis made a MOTION, seconded by Wendy Wakeman to move into Licensing. Vote approved 5-0.
James Xenakis made MOTION, seconded by Wendy Wakeman to approve the following one-day liquor licenses;
Vote approved 5-0.
Stevens Estate- One Day Liquor Licenses
1. Michelle Mourajian,
MA Teachers Retirement Bd. August 16, 2002 12:00-3:00 p.m. Beer&Wine
2. Maureen Payne,
Christening August 18, 2002 1:00-5:00 p.m. All Alcohol
3. Donna Luciano, Freudenberg Bldg. Sys.
Company Outing August 21,2002 4:00-8:00 p.m. All Alcohol
4. Jackie Pelosi
Rehearsal Party August 23, 2002 6:30-11:00 p.m. Beer&Wine
5. Hong/Calderwood
Wedding August 31, 2002 5:00-11:00 p.m. All Alcohol
Board of Selectmen Minutes August 12,2002 2
Wendy Wakeman made a MOTION, seconded by James Xenakis to move out of licensing. Vote approved 5-0.
CONSENT ITEMS:
Request for Road Race Use of Old Center Common Libby Brakeley Memorial Road Race Committee.
Wendy Wakeman made a MOTION, seconded by Donald Stewart to approve the request to hold road race and
the use of The Old Center Common on September 22, 2002 from 9:30 a.m. to 3:30 p.m. Vote approved 5-0.
Use of Old Center Common St. Michaels Parish.
Mary Alice Rock, St. Michaels Church, requested the Board to reschedule the date of St. Michael's Picnic to
October 6, 2002, because of a conflict. Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to
approve request for change of date. Vote approved 5-0.
PUBLIC HEARINGS:
Massachusetts Electric Company Petition for Pole and Wire Locations.
David Bouchet, Massachusetts Electric Company, addressed the Board and requested the approval of the
following petitions:
1. Plan M53/456— Marbleridge Road — Place 1 (one) pole 90/1600-1.
2. Plan M53/457— Marbleridge Road — Place 2-5" PVC conduit encased in concrete.
Wendy Wakeman made a MOTION, seconded by Donald Stewart to approve the request. Vote approved 5-0.
APPOINTMENTS:
Board of Selectmen Appointments.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to approve the following Board of Selectmen
Annual Re-appointments and new appointments. Vote approved 5-0.
Committee Last Name First Term Expires
Cable TV Committee Greer' David W. 2 years June 30,2004
Cable TV Committee Johnson' George E 3 years June 30,2005
Commission on Disability Issues Bradburn David 3 years June 30,2005
Commission on Disability Issues Lyons,Jr. James F. 3 years June 30,2005
Conservation Commission Wescott Beth 3 years June 30,2005
Constable Pollone' Ronald F 3 years June 30,2005
Council on Aging Daly Anne 3 years June 30,2005
Emergency Management Agency Somers Leonard 1 year June 30,2003
Emergency Management Agency Stanley Richard M. 1 year June 30,2003
Emergency Management Agency Coco John J. 1 year June 30,2003
Emergency Management Agency Coco Jeffrey 1 year June 30,2003
Emergency Management Agency Shaughnessy Richard T. 1 year June 30,2003
Emergency Management Agency Coco Evelyn 1 year June 30,2003
Emergency Management Agency Boettcher Richard C. 1 year June 30,2003
Emergency Management Agency Dolan William V. 1 year June 30,2003
Emergency Management Agency Savastano John 1 year June 30,2003
Emergency Mgmt.-Auxiliary/Sp. Police Dagle Glenn 1 year June 30,2003
Board of Selectmen Minutes August 12,2002 3
Emergency Mgmt.-Auxiliary/Sp. Police MacLean Raymond 1 year June 30,2003
Emergency Mgmt.-Auxiliary/Sp. Police Boettcher Richard 1 year June 30,2003
Emergency Mgmt.-Auxiliary/Sp. Police Boettcher Thomas H. 1 year June 30,2003
Emergency Mgmt.-Auxiliary/Sp. Police Laurendeau Gary A. 1 year June 30,2003
Emergency Mgmt.-Auxiliary/Sp. Police Morava Brett 1 year June 30,2003
Historical Commission Tremblay Linda 3 years June 30,2005
Local Arts Council Rennir-Greer' Bobbi E. 3 years June 30,2005
Local Arts Council Cavanaugh Ann 3 years June 30,2005
Local Arts Council Reeve Brenda C. 3 years June 30,2005
Old Center Historic District Commission Long Patricia 3 years June 30,2005
(change in status from alternate to regular member)
Old Center Historic District
Commission,Alternate Brown' Kathleen M. 1 year June 30,2003
Old Center Historic District Commission Stevens Robert 3 years June 30,2005
Old Center Historic District Commission Aznoian Harry 3 years June 30,2005
Recreation Council Rock Chris 3 years June 30,2005
Recreation Council Hamel' Neil 3 years June 30,2005
Registrars of Voters, Board of Salisbury Martha 3 years June 30,2005
Stevens Estate -Board of Trustees Hansen E.William 3 years June 30,2005
Stevens Estate -Board of Trustees McGarry John 2 years June 30,2004
Stevens Estate-Board of Trustees Willis John 2 years June 30,2004
Stevens Estate-Board of Trustees Clayton' Alden 1 year June 30,2003
Stevens Estate-Board of Trustees Headrick' Diana 1 year June 30,2003
Stevens Estate-Board of Trustees Larson Martha 3 years June 30,2005
Stevens Estate-Board of Trustees Cullen Albert F. 3 years June 30,2005
Youth Services Board of Directors Breen Peter 3 years June 30,2005
Youth Services Board of Directors Burkardt Thomas 3 years June 30,2005
Zoning Board of Appeals Pallone John M. 3 years June 30,2005
Zoning Board of Appeals-Associate LaGrasse Joseph D. 3 years June 30,2005
*New Appointment
The Board approved The Council on Aging request to reduce membership from 11 —9 and not to fill the
remaining two vacancies.
APPOINTMENT BY TOWN MANAGER:
Town Planner—Kathleen McKenna. The Town Manager has appointed Kathleen McKenna for the position as
Town Planner. James Xenakis made a MOTION, seconded by Wendy Wakeman to approve the appointment of
Kathleen McKenna as the Town Planner. Vote approved 5-0.
OLD BUSINESS:
Traffic Issues.
Intersection —Middlesex and Green Street. Lt. John Carney, Police Department, gave various options to
resolving the problem of this intersection to avoid accidents. James Xenakis made a MOTION, seconded by
Wendy Wakeman to post a 4-Way Stop Sign at the intersection of Middlesex and Green Street. Police will monitor
intersection. Vote approved 5-0.
Housing Issues.
The Town Manager gave the following review of current and pending 40B proposals:
Board of Selectmen Minutes August 12,2002 4
Kittredge Crossing: Approved/finalized by ZBA on 10/24/01 (exempt from 9/1/01 changes to housing law) —
filed back in April 2001; 126 units of condominium housing; 31.5 units of affordable housing; Estimated start date
for construction: October 1, 2002.
Smolak Farms/Meetinghouse Commons: Site Eligibility Letter issued prior to September 1, 2001 (exempt from
9/1/01 changes to housing law) Approved/finalized by ZBA on 4/24/02; 88 units of 55 and older/25% affordable =
22 units affordable; estimated start date for construction: April of 2003—they are still going through the Mass.
Environmental Protection Agency process for a sewer extension permit.
The Meadows: Proposed 270 units of condominium/townhouse housing; would allow for a minimum of 67.5 units
of affordable housing. This project is pending in front of the Zoning Board of Appeals where the applicant will
make their first presentation at the ZBA Meeting on August 13, 2002. (not exempt from 9/1/01 changes to
housing laws).
1033 Osgood Street: Proposed 17 units of condominium housing located adjacent to Treadwell's Ice Cream
Stand. Applied for Site Eligibility Letter with Warren Bank on 7/17/02; will probably be issued by bank prior to
8/17/02. (not exempt from 9/1/01 changes to housing laws.)
Forest Street: Proposed 8 units of condominium housing. Will yield minimum of 2 affordable units. Site
eligibility letter in process of being issued. ( not exempt from 9/1/01 changes to housing law).
Action Items are with The Meadows and Osgood Street Reviewing and amending draft letter of Zoning Board
of Appeals regarding The Meadows and reviewing and amending draft letter to Warren Five Cents Savings Bank
for Osgood Street.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to setup a sub-committee to work on housing
issues. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by James Xenakis to authorize the Town Manager to draft a letter
to the Legislature and follow through with the Town of Norton letter regarding revisions to the Housing
Regulations (40B). Vote approved 5-0.
After reviewing and amending the letter for The Meadows project, Wendy Wakeman made a MOTION, seconded
by James Xenakis to approve the Meadows letter. Vote approved 5-0.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier that 1033 Osgood Street Housing project is
inappropriate for the Town of North Andover based upon the proximity to the Town's drinking water supply at
Lake Cochichewick. Vote approved 5-0.
Ice Rink Proposal.
Previously Bill Cunningham from the North Andover Youth Hockey League (NAYHL) addressed the Board with a
presentation to construct an ice-rink facility in North Andover on Town-owned land at the Sharpeners Pond
Recreational Facility for the benefit of their youth hockey program, as well as for other ice-related programs in
Town.
The Town Manager in presenting a written report to the Board of Selectmen states that he has reviewed the
proposal in more detail as well as different other options and made the following recommendation that would be in
the best interest of the community.
The solicitation of proposals from ice rink developers for the sale of Town-owned land for the purpose of
constructing an ice rink facility conditioned upon preferential treatment for ice time and/or ice rental fees for the
Town, School and NAYHL ice related programs. This development option was also used by the City of Malden
Redevelopment Authority for the construction and operation of an ice rink facility in that city.
Board of Selectmen Minutes August 12,2002 5
After discussion, the Board established a sub-committee. Volunteers for the Sub-committee will be Bill
Cunningham, Bill McEvoy, Bill Hmurciak, Jack Stevenson and Mark Rees. James Xenakis expressed his opinion
that NAYHL be granted concession rights as part of any development deal. Mark Rees stated that concession
rights as well as other limitations placed on the developer, may impact the sale price of the land. The RFP
process should address this balance between limitations and sale price.
Jim Xenakis made a MOTION, seconded by Donald Stewart to establish a sub-committee to develop the request
for proposal for the purpose of developing a ice rink for NAYHL and High School hockey and Town recreational
programs and request for RFP's from interested ice rink developers consistent with MGL Chapter 30B.
Vote approved 5-0.
FY03 Budget Status.
The Town Manager spoke of budget issues for fiscal year 2003.
1. Street Lighting (39,894)
2. Liability Insurance (92,581)
3. State Aid Reduction (48,569)
Potential Budget Shortfall (as of 8/06/02) (172,043)
The Town will be generating some income from lease arrangements for Communication Towers, funding for
pipeline litigation, and electricity standard offer rate has been reduced 1'/2 percent a savings of$70,000-$80,000.
Also an informal hiring freeze on current vacant town positions is in effect.
Electricity Alternatives.
After exploring the possibility of purchasing streetlights, the Town Manager stated that Mass Electric has adopted
a conversion tariff that makes this option uneconomical for the Town. The Town Manager recommends that
North Andoverjoin with the Town of Franklin and other interested communities in petitioning the state for a tariff
that makes it more economically feasible for communities to save money through the purchase of street lights.
Also, in an effort to reduce costs and produce savings, the Town has been exploring several alternatives to
current electricity procurement. The Town Manager recommends moving forward with a contract with Bay State
Consultants to seek competitive bids for supplying electricity.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to join other communities in petitioning the
state for a tariff that makes it more economically feasible for communities to save money through the purchase of
streetlights and to move forward with a contract with Bay State Consultants proposal to seek competitive bids for
supplying electricity. Vote approved 5-0.
North Andover Thrift Shop Building Expansion
The Town proposes an addition of 16'x 24' on the left side of the former Scolfield Mill at 172 Sutton Street that
the town owns but leases to the Thrift Shop. Renovation to the building is subject to receiving the insurance
money of$70,000 a portion of which is restricted to building code improvements. Letters have been sent to the
North Andover Historical Society and the North Andover Historical Commission ensuring their participation in the
process.
Lease Contract For Communications Towers at Osgood Hill. Postponed until next meeting.
(Note: Wendy Wakeman left the meeting at 9:00 p.m.)
NEW BUSINESS
Riverbend Crossing—350 Green Street.
The Town Manager stated that the developer has obtained all necessary permits and approvals to construct 43
units of residential housing for people 55 years of age and over. It has come to the attention of the developer that
Board of Selectmen Minutes August 12,2002 6
there is a question whether their project can proceed because it is to be constructed on less than five (5) acres of
land. According to Massachusetts General Laws Chapter 151 B, Sec. 4.6, housing for persons 55 years of age
and over must be constructed on contiguous parcels of land containing five (5) acres or greater. This proposed
project is adjacent to the North Andover Housing Authority property, which is housing for the elderly, and would
meet the minimum contiguous five (5) acre requirement if considered in conjunction with the elderly housing.
Attorney Domenic J. Scalise is asking for a letter of support to endorse the filing of the special legislation that is
needed. He provided letters of support from several Town Departments to go forward with the project. Jim
Sheridan, developer stated that the market rate price range would be in the range of$250,000-$280,000. William
Sullivan, Chair of the ZBA, requests that the Board of Selectmen negotiate, if possible, with the developer to see if
he would be willing to make some of the units "Affordable"within the definition of Chapter 40B.
James Xenakis made a MOTION, seconded by Susan Haltmaier, that the Board of Selectmen authorizes the
Town Manager to execute a letter from the Board of Selectmen for support after he has had a chance to meet
with the developer to ascertain the feasibility of making some of the units affordable. Vote approved 3-0-1;
Donald Stewart abstained.
Lawrence Airport Industrial Park EDA Grant.
U.S Department of Commerce EDA Grant: The Town Manager stated that the Federal Government is requesting
that we voluntarily terminate our grant award with them to assist in the development of the Lawrence Airport
Industrial Park. By voluntarily submitting this request, the Town and the City will be positioned more
advantageously to receive a subsequent grant when we re-apply after resolution of the current policy issues
impacting the progress on the project.
James Xenakis made a MOTION, seconded by Susan Haltmaier to approve The Following Resolution:
WHEREAS: The Town of North Andover and the City of Lawrence are jointly committed to the development of
the Lawrence Airport Industrial Park,
WHEREAS: The Town and City were awarded a grant from the U.S. Department of Commerce Economic
Development Administration in the amount of$715,000,
WHEREAS: Progress on the development of the Lawrence Airport Industrial Park has taken longer then originally
anticipated,
WHEREAS: The Town and the City, while work continues on the development of the industrial park, do not want
to prevent the use of federal grant money by other parties that are currently in a position to move forward with
their projects,
WHEREAS: The Town and the City fully intend to reapply for grant funds as the Lawrence Airport Industrial Park
moves forward,
NOW THEREFORE BE IT RESOLVED BY THE NORTH ANDOVER BOARD OF SELECTMEN that Mark H.
Rees, Town Manager, is authorized to request the U.S. Department of Commerce to terminate the grant award
for the convenience of all parties involved and to execute any documents related thereto. Vote approved 4-0.
Request To Dispose Of Surplus Property— DPW.
The DPW is requesting that the Board declare various surplus items. The Board requested for sealed bids on the
items that will be advertised and distributed.
James Xenakis made a MOTION, seconded by Susan Haltmaier to dispose of the surplus property.
Vote approved 4-0.
Board of Selectmen Minutes August 12,2002 7
TOWN MANAGER'S REPORT:
The Greater Lawrence Sanitary District will be conducting a meeting on September 18, 2002, at 7:00 p.m. at their
facility to discuss the District's proposed Combined Sewer Overflow (CSO) control plan.
On Wednesday, July 31, 2002, the Town Manager met with School Superintendent William Allen to discuss
budget issues, computer network security and other matters of mutual interest.
Also on that date, the Town Manager attended a meeting sponsored by the Merrimac Valley Planning
Commission with various other communities in the region to discuss possible joint purchasing initiatives.
On Friday, August 8, 2002, the Town Manager along with other Town staff, participated in a pre-construction
meeting with Maritimes pipeline at which time the Town received the agreed upon payments. Although
preliminary fieldwork has begun, actual construction is not anticipated to take place until the end of August. Part
of the agreement was to hold a meeting with impacted residents along with the public on August 20, 2002, from
6:30-8:00 p.m. at the Middle School, Blaisdell Performance Center. Abutters will be notified.
The Town Manager requests that Selectmen who have not yet done so, please provide their draft objectives to
him for FY03.
ADJOURNMENT: Susan Haltmaier made a MOTION, seconded by Donald Stewart to adjourn the meeting at
9:54 p.m. Vote approve 4-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board