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HomeMy WebLinkAbout2003-09-08 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 8, 2003 CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the Senior Center. ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager, Senator Bruce Tarr, Representative Barbara L'Italien, and Representative David Torrisi. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Collective Bargaining with Fire Department Union and Pending litigation Plisinski vs. Town of North Andover. The Board will be returning to Open Session immediately following. The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session. Donald Stewart yes, James Xenakis yes, Rosemary Smedile yes, Mark Caggiano yes, and Wendy Wakeman yes, Vote approved 5-0. Chairman Wendy Wakeman announced that the Board would be taking Transfer/Recycling Facility, TBI, Inc. out of order. OLD BUSINESS: Solid Waste Transfer/Recycling Facility, TBI, Inc. William Thomson, Jr., president of Merrimac Cartage presented a new proposal, substantially different than the proposal the family made to the Town in 1997 for a Recycling/Transfer facility on their property on Holt Road. In addition to modifying the proposal to take advantage of changes in economics and improvements in technology, they believe that they have addressed the issues that were the basis for the Town Board of Health's denial in 1997. Thomson went into great detail to describe the new facility layout and operations. He also gave an outline of recycling benefits to the Town. Thomson said his family has completed the application they must submit to the state Department of Environmental Protection for approval for a site assignment. The application is the same document that will later be passed on and reviewed by the town Board of Health if the state approves it. But Thomson said, his family preferred not to file the application without including a community host agreement with the town and didn't want to spend money for permits if they cannot have a positive working relationship with the town. Once the application is filed, nothing more can be added to it during its review. Rosemary Smedile made a MOTION, after passing the gavel to Donald Stewart, Wendy Wakeman second the motion, to reopen negotiations with the Thomson family. Vote approved 3-2. James Xenakis and Mark Caggiano opposed. Discussion Selectmen asked various questions regarding hazard waste, hours of operation, truck traffic, burning, and if an application had been filed yet. Several residents voiced opinions with actual information; Elizabeth Barker of Osgood Street submitted a petition signed by over 70 North Andover residents in favor of resuming negotiations for a host community agreement for a trash transfer station. Yet others did not want to even consider the option because of health concerns and environmental issues. Residents had serious concerns and asked many substantive questions. Selectman Smedile said that the host community agreement was not a commitment. It is just to get benefits for the town, continuing talks on the agreement was the board's obligation to the Holt Road neighborhood and the Thomson family, who had entered the talks last winter in good faith; It's the fair thing to do. Board of Selectmen Minutes September 8, 2003 2 Chairman Wakeman said that she has come to the realization that legally the Thomsons have every right to have either business. She believes that the best decision for the town is a trash/transfer station because it does not propose the risks of the scare tactics that the people opposed to it say it will; she believes it is a good facility and will benefit North Andover. Wakeman believes it will indeed benefit the ecology of the entire region. Wakeman also said that the Thomson have the equal right to build an Adult Entertainment facility, the zoning of the town allows it, the constitution allows it, and it is what the town will deal with if the board does not go ahead and continue negotiation for the trash/transfer station. Wakeman explained that the Board of Health is not in a position to negotiate a Host Community Agreement. Only the Board of Selectmen can negotiate this agreement for the good of the Town. The Thomson family is under no obligation to provide a Host Community Agreement. They are doing this now before submitting the application, because they would like the Town to show no prejudice. There will be no offer of this agreement later down the road because the Town would not have the leverage. Wakeman reminded the audience and the Board of the smells in the river, open sewer, the dump, and animals before NESWC and the GLSD were built. North Andover is a better place to live than before they existed. The message that this Board of Selectmen sends is that we respect the rights of property owners and willing to work with people to go forward in a way that is good for the Town and the property owners. This agreement does not have any impact whatsoever on whether the Board of Health says yes or no and does not impose in any way an endorsement by the Board of Selectmen. Selectman Xenakis questioned the timing and whether or not the Board of Health or the Board of Selectmen was the entity to enter into a Host Community Agreement. The Town Manager was advised by Town Counsel that the Board of Selectmen was the only board that could negotiate for the good of the Town. The Board of Health can only deal with the health issues on the Town's behalf. Selectmen Smedile said that when she first was elected to the Board a few years ago, the Thomsons came back to the Selectmen to discuss a new legitimate proposal, but the Board rejected them. Smedile was pressured by environmental people with all kinds of environmental horror stories and sided with them instead of doing her homework and that was wrong. This Board cannot reject them again. Selectman Caggiano said, "the word that most underscores this entire process is the word Division." This family and set of proposals has divided this Town more than anything. The process should not be different for any person or company before the Town. Caggiano has no problem with the Thomson's going forward with their proposal and as seeing their presentation; they should not have any problem getting through the process. But for one fact, they need to show a local or a regional recycling effort and that is what this agreement is all about. This agreement will give them one of the main things they need to have the facility. This is not a neutral document this gives them the major piece they need to overcome the supreme judicial case. There are no guarantees in this document that things will go the right way. This is not going to solve all of our problems. No matter what happens with this vote, we cannot allow one project to divide a town of 30,000 people. Donald Stewart said that he has tried to stay neutral in this matter. If an application is filed, he will continue with negotiations. I could change that view and continue talks but the problem is I believe that the Board of Health who has three new capable members will not view the facts properly if under pressure. He does not want the Board of Health to interpret that the Board of Selectmen endorsed this proposal 100 percent because of signing a Host Community Agreement. He is leaning towards opening up negotiations, but he doesn't intend to vote upon the agreement. He doesn't want the signed Agreement forward to the Board of Health giving them the wrong impression. Chairman Wakeman said the Host Community Agreement is not complete at this time because the sub- committee failed to complete their tasks and negotiations stop. It would be possible to write a clause into the agreement that says the Board of Health without prejudice would pertain all its rights, responsibilities and obligations to look at this new proposal. Thomson is not asking the Board of Selectmen's support; they are just asking the Board to accept the conditions. The MOTION was restated and the vote was approved 3-2. Board of Selectmen Minutes September 8, 2003 3 NOTE: There was a brief recess at 9:20 PM. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Senator Bruce Tarr and Representatives Barbara L'Italian and David Torrisi attended the meeting to bring greetings from the House. Senator Tarr spoke about the sale of the Lucent property and how the Senate and House would support the redevelopment of the property to bring jobs to the area. Chairman Wakeman asked about the state's progress on changing the laws regarding Chapter 40-B housing developments. Wakeman said the Zoning Board of Appeals currently oversees 40-B projects, but the Planning Board is actually the board that should oversee these 40-B projects. Senator Tarr said the Senate has been working with the governor to change the development laws of Chapter 40-B to make them more comprehensive to help communities. Chairman Wakeman asked if there was anything the state could do to finalize the budget on time, so that communities would have a better picture of what monies communities have to work with in the forthcoming year. Representative Torrisi said he would be working for the redevelopment of the Lucent Property and Senator Baddour chair of the transportation committee would support liability coverage for environmental issues. Selectman Caggiano questioned the exorbitant fees being charged by the Registry of Deeds. The legislature has raised a significant amount of revenues through fees instead of raising taxes. The State could discuss an exception for lower income families or a tier structure. Selectman Xenakis asked who would be on the sub-committee negotiating team with the Thomsons. Chairman Wakeman said the team would consist of Attorneys Thomas Urbelis and Kenneth Kimmell, Town Manager Mark Rees and Chairman of the Board of Selectmen Wendy Wakeman. Mark Caggiano made a MOTION, seconded by Donald Stewart, to add James Xenakis to the sub-committee negotiating team. Vote approved 4-1. Wendy Wakeman opposed. APPOINTMENTS: James Xenakis made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Richard J. Byers to the Zoning Board of Appeals as associate member. Vote approved 5-0. PUBLIC HEARINGS: Massachusetts Electric Pole Petition. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Amended Massachusetts Electric Pole Petition —Plan #S53/470 Sutton Hill Road for a relocation of one owned utility pole and the installation of a pole anchor on Sutton Hill Road to support new construction for Town Water Booster Station. Vote approved 5-0. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Executive Session and Open Session minutes of August 11, 2003 and August 25, 2003. Vote approved 5-0. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Rosemary Smedile, to move into licensing. Vote approved 5-0. James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the following one-day licenses. Vote approved 5-0. Michael Smolak Jr. of Smolak Farms, 315 South Bradford Street. One-day Wine and Malt Beverage License for Oct. 11, 2003, 6:00 PM — 10:00 PM. Julia Stitson, The Stevens Estate, 723 Osgood Street. 1. Michelle Merritt Wedding Reception, Sept. 27, 2003, 3:00 PM-8:00 PM, Full Bar License. Board of Selectmen Minutes September 8, 2003 4 2. Kimberly Johnson Wedding Reception, Oct. 4, 2003, 5:00 PM-11:00 PM, Full Bar License. 3. Tanya Gould Bat Mitzvah, Oct. 11, 2003, 1:00 PM-5:00 PM, Full Bar License. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0. OLD BUSINESS: Calendar for Spring Annual Town Meeting. The Town Manager presented the Town Clerk's calendar merging both the fall special town meeting deadlines with the proposed benchmarks for the annual spring town meeting. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the calendars for special town meeting on November 17, 2003 and annual town meeting on May 10, 2004 for 2003-2004. Vote approved 5-0. NEW BUSINESS: Preparation for Fall Town Meeting. The Town Manager gave the Board a brief description of the proposed warrant articles for consideration. The deadline for closings the warrant has been set for September 26th. Since the only scheduled meeting between tonight and the 26t is the next meeting on September 15th, the Board would be requested to vote on the warrant articles at that meeting. At the request of Selectman Caggiano Chairman Wakeman would be working with the Town Manager to look at the process to change the Board of Health membership from three to five. This means petitioning the General Court to Amend the Town Charter and to add this article to the Warrant. TOWN MANAGER'S REPORT: The interim Director at the Stevens Estate, Julia Stitson, has resigned her position. Laurie Fennelly, who is currently assistant director, has agreed to take her place. Deputy Fire Chief Edward Morgan, after 32 years of service to the Town of North Andover, has tendered his resignation to be effective November 12. 2003. The goal setting workshop scheduled for Saturday, September 13th shall take place at the Stevens Estate beginning at 8:00 a.m. The Town, under the auspices of the Veterans Department, in conjunction with the Town's veterans organizations and Police and Fire Departments will conduct a 9-11 memorial service in front of the Old Town Hall at 120 Main Street beginning at 8:30 a.m. on Thursday, September 11, 2003. The Recreation Department held its final summer band concert featuring the Oberlaendler Hafbrau Band, on Sunday, September 7, 2003 at 2:00 p.m. in front of the middle school. ADJOURNMENT: James Xenakis made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:30PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board