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HomeMy WebLinkAbout1996-08-26 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 26, 1996 CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:30 PM. ATTENDANCE: The following were present: Kevin Foley, Chairman;William B. Duffy, Jr.; John Leeman; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager. APPROVAL OF MINUTES: David Torrisi made a MOTION, seconded by John Leeman,to approve the following minutes: June 17, 1996 Executive Session, July 29, 1996 Executive Session; August 12, 1996, August 12, 1996 Executive Session, and August 13, 1996; vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS AND PUBLIC COMMENT: Police Department Grant -Mr. Duffy discussed the need for a forum of public hearings on the financial policies of the town. During this forum including the review of the Police Department budget,the Board of Selectmen will be able to review the potential acceptance of the COPS Fast Grant to hire additional police officers. The Town Manager reiterated Mr. Duffy's statement and also noted that the grant is a great opportunity but definitely has a financial impact which must be reviewed. Northeast Solid Waste Committee Public Forum-Mr. Foley reminded the Board that there is an informational public forum to review and discuss the restructuring of the Northeast Solid Waste Committee contract with Wheelabrator. This meeting will be held on Tuesday, September 3, 1996 at 7:30 PM at the Stevens Memorial Library. School Opening -Mr. Foley reminded everyone that the first day of school is tomorrow and requested-we all be very cautious of children. Former Selectman Sean Fountain-Mr. Foley announced that former selectman Sean Fountain is very ill in the hospital and that the town's thoughts and prayers are with Mr. Fountain. PUBLIC HEARING -Massachusetts Electric Company and New England Telephone &Telegraph Company-Pole Petition# 53/393 on Summer Street to place one pole -John Leeman made a MOTION, seconded by David Torrisi,to continue this hearing until the next Board meeting; vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by John Leeman, for the Board of Selectmen to move into licensing; vote approved 5-0. Continuation of Public Hearing -Hanai Inc. d/b/a Studio Pizza- 535 Chickering g Road-Maria Papoutsakis requested that the board allow her to change the name on her application for a Commit Victualler's License from Hanai Inc. d/b/a Pizza Club to Hanai Inc. d/b/a Studio Pizza at 535 Chickering Road. John Leeman made a MOTION, seconded by Kevin Foley,to grant a Common Victualler's License to Maria Papoutsakis, Hanai, Inc., d/b/a Studio Pizza, 535 Chickering Road with the contingency that the applicant provide the postal mail receipts within five business days; vote approved 5-0. Common Victualler's License Application-Patricia Bird-The English Ivy Tea House, 10 Main Street- The recommendation of the Building Commissioner indicates that the property is located in the General Business and Industrial - S Districts. To allow this business at this location, a Special Permit must be obtained to extend the General Business line into the Industrial - S District. Ms. Bird stated that she is on the next Zoning Board of Appeals agenda. Board of Selectmen Minutes August 26, 1996 Page 2. John Leeman made a MOTION, seconded by Kevin Foley,to continue this hearing until such time as the applicant goes before the Zoning Board of Appeals; vote approved 5-0. John Leeman made a MOTION, seconded by Kevin Foley,to move out of licensing; vote approved 5-0. USE OF OLD CENTER COMMON- ST. MICHAEL'S PARISH- ICE CREAM SOCIAL - SEPTEMBER 29, 1996: John Leeman made a MOTION, seconded by William Duffy,to grant permission to St. Michael's Parish to use the Old Center Common on September 29, 1996, from 12:00 PM until 6:00 PM for an Ice Cream Social contingent upon the parish complying departments' recommendations; vote approved 5-0. DENIAL OF CONSENT OF MULTIPLE REPRESENTATION OF TOWN COUNSEL WITH RESPECT TO WASTE SUPPLY AGREEMENT BETWEEN N.E.S.W.C. AND WHEELABRATOR: The Board of Selectmen discussed the request of Town Counsel to authorize disclosure pursuant to the Canons of Ethics as it relates to the re-negotiation of the Northeast Solid Waste Committee contract. The Board discussed some concerns with the fact that being that the Town of North Andover is the host community of the facility,North Andover's representation may not necessarily be the same as the other communities that Town Counsel will be representing. William Duffy made a MOTION, seconded by John Leeman,that the Legal Affairs Subcommittee which is meeting on Wednesday with Mr. Halpin will discuss this issue further; vote approved 5-0. SELECTMEN'S MEETING SCHEDULE: William Duffy made a MOTION, seconded by John Leeman,to approve the following meeting schedule; vote approved 5-0. All meetings are posted to begin at 7:30 PM and will take place at the Stevens Memorial Library. Tuesday, September 3, 1996;Monday, September 9, 1996;Monday, September 23, 1996;Monday, October 7, 1996;Monday, October 21, 1996;Monday, November 4, 1996;Monday, November 18, 1996 Monday, December 2, 1996;Monday, December 16, 1996;Monday, December 30, 1996;Monday, January 13, 1997;Monday, January 27, 1997. SET DATE FOR SPECIAL TOWN MEETING: William Duffy made a MOTION, seconded by John Leeman,to defer action on this item until the next Selectmen's meeting; vote approved 5-0. DISCUSSION OF FISCAL YEAR 1997 WATER AND SEWER RATE: Kevin F. Mahoney, Director of Finance &Administration, presented an analysis of the water and sewer rates comparing budget versus actual for the fiscal year 1996. Based upon estimated consumption and budgeted costs,the rates calculated out to $ 2.64 per 100 cubic feet and sewer at$ 2.42 per 100 cubic feet. The water rate, based on actual costs and higher consumption resulted in a rate of$ 2.46. However,the sewer rate calculated at$ 2.60 based on an increase in actual costs, as well as increased consumption. An analysis for FY 97 budgeted cost was also included and adjusting for current consumption levels and prior year over billings, resulted in a rate of$ 2.36 for water and$ 2.60 for sewer, since our revenue assumptions are based on the existing billing rates of$ 3.01 for water and$ 2.36 for sewer. The Town Manager recommended that the Board not adjust the rates at this time. The Board discussed the inclusion of depreciation in the calculation of the rates and the necessity of addressing this issue being sensitive to its inclusion in the revenue estimates for the fiscal year. The Town Board of Selectmen Minutes August 26, 1996 Page 3. Manager will be discussing this issue with the Massachusetts Department of Revenue. as well as the Town Counsel. John Leeman requested an analysis of explaining how the town arrived at an actual sewer rate of $ 2.19 for FY 95 but actual rate of$ 2.60 was issued for sewer for FY 96. John Leeman made a MOTION, seconded by William Duffy,to not act on this matter now and bring this back after the Board gets the information requested at their next meeting; vote approved 5-0. UPDATE - MASTER PLAN STUDY: William J. Scott, Director of Community Development and Services, and Mike Schena, Chairman, Master Plan Study updated the board on the progress of the committee. This update included an informational newsletter issued by the Master Plan Committee. The Board complimented the committee for bringing forward this newsletter form of communication. The update included the work which has already been completed, including the advertisement and issuance of the Request for Proposals for the consultant. The committee expected to review contract proposals and to award the contract by mid October. UPDATE - TRAFFIC ADVISORY COUNCIL: Truck Traffic and School Children-William J. Scott, Director of Community Development and Services and Chairman of the Traffic Advisory Council updated the Board on the activities of the Traffic Advisory Council. The Council has been discussing some long- range issues which include prioritizing safe walking routes and truck routes. The Council will be discussing the sidewalks in establishing it within the areas of a capital improvements plan within the confines of all the walking areas for the schools. Mr. Scott has contacted the Trails Committee to discuss the creation of walking paths. Mr. Scott will be discussing the sidewalk plan with a representative of the School Department. "School Zone" - Chestnut Street-John Leeman made a MOTION, seconded by William Duffy, as per Chief Stanley's recommendation regarding the school zone on Chestnut Street to place school advance signs and school crosswalk signs on both sides of the street; vote approved 5-0. "No Parking" - Cleveland Street-John Leeman made a MOTION, seconded by William Duffy, as per Chief Stanley's recommendation,to place "no parking" signs on Cleveland Street at Main Street on both sides of the street for two car lengths; vote approved 4-0-1 (Donald Stewart abstained). UPDATE - POLICE DEPARTMENT -ACTIVITY REPORT ON NEMLEC: Chief Stanley presented an activity report of NEMLEC organization for the past two years. In 1995,there were 17 call outs, and in 1996 (through June)there have been 9 call outs. The costs to the Town of North Andover for 1995 was $ 1,009.50 and 1996 is $ 2,491.01 (through June). In Chief Stanley's report, he indicated that most of the expenses were for overtime costs for training, however the increase in 1996 was due to overtime incurred in a drug stakeout in North Andover. Re-Authorization of NEMLEC Agreement Through 1999 -John Leeman made a MOTION, seconded by David Torrisi,to extend North Andover's participation in the NEMLEC Agreement until December, 1999 and to send a letter to the NEMLEC Board notifying them of that fact and to also request a copy of the Annual Report, when it is available; vote approved 5-0. POLICE DEPARTMENT EMPLOYEE - MANAGEMENT RELATIONS IMPROVEMENT EFFORT: The Board discussed the Request for Proposal of the Police Employee/Management Relations Improvement Effort. The Board requested a few items to be included in the Request for Proposal. This R.F.P. will be available this week. Board of Selectmen Minutes August 26, 1996 Page 4. UPDATE - PROPOSED RECYCLING/SOLID WASTE TRANSFER STATION ON HOLT ROAD: William J. Scott, Director of Community Development and Services, Michael Howard, Conservation Administrator, Kathleen Bradley-Colwell, Town Planner, John Leeman, Board of Selectmen, and Ben Osgood, Sr., attended a environmental notification public hearing on Wednesday, September 21, 1996 at the proposed 210 Holt Road facility. The town has some concerns pertaining to this proposed facility. John Leeman made a MOTION, seconded by William Duffy,to send a letter requesting the state (MEPA)to require a full environmental impact report; vote approved 5-0. An invitation will be issued to the owners of the proposed facility to attend a Selectmen's meeting to discuss the town's concerns. UPDATE - LEGAL AFFAIRS SUBCOMMITTEE: William Duffy discussed the need to assign a Special Counsel to represent the town before the Appellate Tax Board and presented a list of candidates for this position, as well as mentioned some additional names. John Leeman requested that the town go out for bid for this function and stated he would feel more comfortable if the town advertised this bid. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by David Torrisi, for the Board of Selectmen to move into Executive Session for the purposes of the Town Manager updating the Board relative to the Stack Claim;the board was individually polled and voted unanimously to move into Executive Session; vote approved 5-0. Melissa Powers, Admin. Secretary David Torrisi, Clerk of the Board Board of Selectmen Minutes August 26, 1996 Page 5. BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES AUGUST 26, 1996 CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:30 PM. ATTENDANCE: The following were present: Kevin Foley, Chairman;William B. Duffy, Jr.; John Leeman; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by David Torrisi, for the Board of Selectmen to move into Executive Session for the purposes of the Town Manager updating the Board relative to the Stack Claim;the board was individually polled and voted unanimously to move into Executive Session; vote approved 5-0. The Town Manager discussed the ongoing effort of the town to resolve this outstanding issue. No action was taken by the Board. Melissa Powers, Admin. Secretary