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HomeMy WebLinkAbout2004-01-26 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JANUARY 26, 2004 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at Stevens Memorial Library. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. NOTE: Donald Stewart was absent. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Real Estate Acquisition, Collective Bargaining and Anticipated Litigation with Dr. Atwood. The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Selectman Caggiano said that he was informed about a federal economic development grant program for one million dollars. This would be for master planning, zoning review and transportation feasibility, all relating to the Lucent area property and airport industrial park. Selectman Caggiano and Heidi Griffin Director of Economic Development have applied for the grant. North Andover is seventh on the list of finalists. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to appoint Wendy Wakeman as acting licensing chairman in the absence on Donald Stewart. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the following one-day license. Stevens Estate, 723 Osgood Street—One Day Liquor Licenses. David Goldstein, Dinner Party/Comedy Theatre, on Saturday, February 7, 2004 from 6:30 PM — 11:00 PM, wine and malt license. Vote approved 4-0. James Xenakis made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 4-0. PUBLIC HEARINGS: Old Center Improvement Projects. Undgergrounding Utility Project, Petitions and Easements. Raymond Santilli reported on progress in the town common area and introduced Jeff Martin, project manager of the utility companies. Mr. Martin asked the Board to approve the respective utility easements for the affected town-owned properties. Massachusetts Electric, Verizon and Comcast have filed the appropriate petitions to the Town Clerk's office for the necessary civil construction. Town Counsel Thomas Urbelis advised that the utility easements relating to the town common and Lot 32 on Johnson Street (Drummond Playground) would require a town meeting vote and special legislation due to the current use. Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the petitions. Vote approved 4-0. Board of Selectmen Minutes January 26, 2004 2 Traffic Improvements. William Hmurciak, Director of Public Works reported on the progress toward getting approval of 25% design plans for the Old Center Roadway Project. The design plans include roundabout overlays, and a revised functional design report showing the operation of the roundabout. Mass Highway is currently reviewing the supplementary information. James Xenakis made a MOTION, seconded by Rosemary Smedile, to close the public hearing. Vote approved 4-0. Jim noted that his nose was cold. OLD BUSINESS: Cable Television Franchise Renewal. George Dague, Chair of the Cable Advisory Committee and Attorney William August, Special Counsel gave a full report and summarized highlights of the renewal agreement with Comcast Corporation. George said Make this brief, it's too cold in here. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to renew the Cable TV Renewal License with Comcast Corporation. Vote 4-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to ratify the Articles of Organization under (General Laws, Chapter 180) formation of the North Andover Community Access and Media, Inc. (CAM). Vote approved 4-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to ratify the bylaws of North Andover Community Access and Media, Inc. (CAM). Vote approved 4-0. Burr it's cold in here as Rosemary put on her gloves. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to change the term dates of the Cable TV Access Committee consisting of John Graham, William McEvoy and Ramsey Bahrawy to coincide to commence effective date of the Corporation rather than a municipal fiscal year calendar. Vote approved 4-0. Mark Caggiano said if the SWAC would like to sit closer to the front, we are going to build a fire to keep us warm. But lawyers are noted for not giving out too much warmth. NEW BUSINESS: Solid Waste Advisory Committee Recycling Report. Tina Klein, chair of the Solid Waste Advisory Committee gave a report on ways the Town can reduce costs by enhancing recycling efforts. Highlights of each section of the report are as follows: 1. Education and Outreach, consisted of different ways to advertise and educate the public; 2. School Outreach, to increase the recycling volume; 3. Bulky items, consisting of anything that does not fit in a trash barrel or exceeds 60 pounds in weight. A proposed fee of$10 charged for bulky item pickup; 4. Increase materials collected, or collection frequency; 5. No collection of visible recyclables, complying with the State Waste bans by amending the town's bylaw Chapter 115-5: Refuse Restricted Activity; 6. Composting. The SWAC recommended action and approval from the Board to the following: 1. Increase curbside materials collected of two types of plastic and for the town to comply with the DARP (DEP Approved Recycling Program) Certification as soon as possible. 2. Update the Town's bylaw of 1993 Chapter 115-5: Refuse Restricted Activity in order to "be in compliance with State solid waste facility regulation 310 CMR 19.017..." The State's regulation has been amended and the town's bylaw has not kept pace. A Warrant Article would be drafted regarding this bylaw by the February deadline. Board of Selectmen Minutes January 26, 2004 3 3. Contacting the town's waste hauler and telling them not to pickup items that are banned by state law and that the Town wants to adhere to state law. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to direct DPW to collect all number 1 &2 plastics. Vote 4-0. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to direct DPW to direct waste management not to pickup visible recyclables such as cardboard boxes and any other materials subject to the state waste ban. Mark Caggiano withdrew the MOTION. Discussion Paul Stewart, 12 Carriage Chase, said that he was confused with the Motion from the Board. The recommendation was to comply with state waste bans not just visible recyclables. He would like the Board to comply fully with the state waste bans. Mr. Stewart said that in 1993 Town Meeting passed the bylaw that dealt with waste in the Town. The Town's Charter Section 322 says, "The Board of Selectmen shall cause the laws of the Town Government to be enforced." Mark Caggiano said that the Board would not want waste management to start slashing garbage bags in search of illegal waste. Rosemary Smedile echoed Caggiano's comments. Rosemary Smedile said that she wanted a more complete proposal on this subject giving the public more than 60 days to educate them on recycling changes. Chairman Wakeman said that she would not support this motion and wanted a more developed plan taking a smaller step on this subject. Ms. Klein said that within a couple of weeks the SWAC could meet with Waste Management for discussion. SWAC could bring new information to the Board by their February 17, meeting. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to charge the SWAC to work with DPW and Waste Management to put together a plan to remove visible recyclables from the waste stream and come back to the Board with the plan with a time frame for implementation, and education for this action to succeed. Vote approved 4-0. At this point during the meeting, the Town Manager got up and put his coat and gloves on. It must really be cold. Chairman Wakeman passed the gavel to Selectman Smedile. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, with the recommendation of the SWAC the board approve a $10 fee for picking up bulky items. Vote failed 1-3. Wendy Wakeman, Rosemary Smedile and James Xenakis opposed. James Xenakis says that an action such as this justifies adding fees for trash pickup. He said it was a fee or tax for a service that should be provided by the town. There was a lengthy discussion about bulky items and how they should be disposed and if a fee should be charged. Selectman Wakeman asked if anyone was thinking of throwing away any bulky afghans they could bring them over to the Library at this time. The temperature is really dropping. The Board commended Tina Klein and the SWAC for the incredible amount of work done. Selectman Smedile passed the gavel back to Selectman Wakeman. Board of Selectmen Minutes January 26, 2004 4 Ambulance Rates and Collection Efforts. The Town Manager asked the Board to set ambulance user fees. Chief Dolan has suggested setting the fees 30% above the Medicare Rate. The effect of the higher rate is that the Town could receive additional revenue from insurance companies that customarily pay more than Medicare pays for those covered by private insurance. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept the Chief's recommended fee schedule. Vote 4-0. The Finance Director was shivering while sitting in the back of the room covered from head to toe trying to keep warm. The Town Manager said that she would probably never talk to him again for making her wait this long in the cold. Finance Director Joyce Hanlon has been working with Chief Dolan on collecting receivables for ambulances services. Ms. Hanlon had several meetings with a collection agency based in North Andover. If the Town excludes hardship requests, the Town could expect to recover 11-15% of the collectable balance. Ms. Hanlon also suggested overhauling the hardship request process. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to authorize Joyce Hanlon and Chief Dolan to hire a collection agency to collect ambulance receivables. Vote 4-0. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to revisit the policy for hardship requests and improve the process. Vote approved 4-0. Utility Easements for Cell Tower at Osgood Hill. The Town had previously agreed to lease town-owned land on Osgood Hill to two telecommunications companies to place a cell tower at that location. In order to install the necessary electric and telephone lines to serve the town, the Board is requested to approve the appropriate utility easements. James Xenakis made a MOTION, seconded by Mark Caggiano to approve the appropriate utility easements on Osgood Hill. Vote approved 4-0. The Board signed the Verizon document for utility easements. Chairman Wakeman urged the Town Manager to make a speedy report due to the cold. Selectman Xenakis approved the Manager's report and adjourned the meeting. Let's get the "#*/+" out of here. TOWN MANAGER'S REPORT: In addition to marching in the Lawrence St. Patrick's Day Parade, the Board is also invited to attend the St. Patrick's Day Luncheon on Monday, March 15, 2004. Selectman Smedile, Town Clerk Joyce Bradshaw and the Town Manager attended a meeting of the Northeast Legislative Caucus on Wednesday, January 21, 2004, various legislative leaders spoke on matters of local concern. The caucus distributed a "Municipal Official Survey" and requested that it be distributed to Town officials to be completed and returned to Representative Mary Grant. Assistant Town Manager Ray Santilli and the Town Manager met with the Employee's Health Advisory Group (IOC) and presented the results of the Town's request for alternative health insurance plans. This was the last piece of information the (IOC) requested in order to respond to the Town's request that they issue a recommendation regarding the Town's proposal to modify the health insurance benefit structure and the percentage paid by employees. The Town has been notified that the Federal Government issued an "Emergency Declaration"for the severe December 2003 snowstorm the region experienced, thus making the Town eligible for Federal Disaster Funds. At this stage it is uncertain how much money the Town will be receiving, but staff will be attending informational meetings next week to begin the application process. Board of Selectmen Minutes January 26, 2004 5 Fire Fighter Matthew Davis will be sworn in as a permanent fire fighter at a ceremony to be conducted at the Senior Center on Tuesday, February 3rd, at 9:00 a.m. As a reminder, the next Selectmen's meeting is scheduled for next Monday, February 2, 2004 at the Library. It better not be cold. The Exchange Club of Lawrence and Wheelabrator of North Andover will hold the Fire Fighter/Police Officers of the Year Awards Banquet on Tuesday, January 27, 2004. North Andover recipients are Police Officers Michael J. Davis and Charles P. Gray and Fire Lieutenant William Iminski. ADJOURNMENT: James Xenakis made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:00 p.m. Vote approved 4-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board