HomeMy WebLinkAbout1996-09-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 23, 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: September 9, 1996 -David Torrisi made a MOTION, seconded by
John Leeman,to approve the regular session and executive session minutes of September 9, 1996 including
the changes suggested by John Leeman; vote approved 5-0
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Thank You Letter to
Town Andover Regarding North Andover's Participation in 350th Parade: David Torrisi requested that
North Andover send a thank you and congratulations letter to the Town of Andover for their 350th
Anniversary Parade.
Thank You and Commendation Letters Regarding Re-Enactment At Barkers Farm Celebration-
Kevin Foley requested that letters of thanks and commendation be sent to Sgt. Thomas McEvoy and
Richard Boettcher for their covering the logistics and safety of the Re-Enactment at Barkers Farm
Celebration, as well as a letter to the organizer of the event.
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY- PETITION#820- OLD
CART WAY: Robert Grassia, Engineering Department,Nynex presented this petition to the Board of
Selectmen. Some abutters to this petition expressed concern to the work being proposed and requested that
the town impose requirements that would ensure that any roadway areas cut will be restored in a manner
which is acceptable to town requirements. These abutters were concerned as a result of a previous petition
by Massachusetts Electric Company in which the areas were not restored in a manner which was
acceptable by the abutters. The Board discussed with the petitioner the possibility of coordinating with
Massachusetts Electric Company to avoid driveway cuts.
John Leeman made a MOTION, seconded by David Torrisi, for the applicant to check with Massachusetts
Electric Company for coordination and to check out jacking pipes under driveways and not using cuts.
This motion was withdrawn by Mr. Leeman.
John Leeman made a MOTION, seconded by William Duffy,to approve the petition contingent upon the
petitioner coordinating with Massachusetts Electric Company and assuring that anyone who wants their
driveway jacked and not cut that the petitioner will do so; 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.
Common Victualler's License Application-Public Hearing Continuation-English Ivy Tea Shoppe -
European Bakery and Cafe - 10 Main Street-John Leeman made a MOTION, seconded by Kevin Foley,
to approve this Common Victualler's License application contingent upon the town not receiving any
activity on the Zoning Board of Appeals decision; vote approved 5-0.
Letter to Main Street Liquors -A draft letter to the manager of Main Street Liquors was presented to the
Licensing Commissioners. This letter is intended to express the Licensing Commissioners concern over the
Board of Selectmen Minutes September 23, 1996 Page 2.
allegation of an employee of the store admitting that he had purchased alcoholic beverages from that store
with the intention of providing the beverages to under aged individuals at a local party. John Leeman made
a MOTION, seconded by William Duffy,to approve this letter with a sentence added which "reiterates the
Licensing Commissioners strongly objects to even the appearance of serving alcohol and cigarettes to
minors"; vote approved 5-0.
Kevin Foley made a MOTION, seconded by John Leeman,to move back into regular session; vote
approved 5-0.
TRAFFIC ADVISORY COUNCIL UPDATE: William J. Scott, Director of Community Development
and Services, presented the recommendations of the Traffic Advisory Council.
Abbot Street-Truck Exclusion-A request has been submitted for a truck exclusion on Abbot Street. To
avoid long-term impacts on streets surrounding Abbott, while protecting the safety of the school children
the Traffic Advisory Council recommends a truck exclusion on Abbot for the time periods prior to school
opening and after school closing. A permanent truck exclusion would create a diversion of traffic that
would not be acceptable to other streets. The recommended exclusion would be from 7:30 AM to 9:30 AM
and 2:30 PM to 4:30 PM. A study in cooperation with the Mass Highway Department is required prior to
establishing an exclusion.
Vote -John Leeman made a MOTION, seconded by William Duffy,that the Traffic Advisory Council
proceed with the necessary analysis toward establishing a truck exclusion on Abbott Street for the time
periods that reasonably coincide with the opening and closing of the Sargent School and to bring the results
of this study back to the Board of Selectmen before it is submitted to the Mass. Highway Department; vote
approved 5-0.
Main Street-Pedestrian Crosswalk Light at Saint Michael's Parish- St. Michael's parish has requested
that a pedestrian actuated crosswalk light be installed on Main Street in front of the parish to facilitate safe
crossing between the church and school and the parking lot. The parish has offered to pay for the
construction of this light. The Council recommends to allow the church to construct the light within the
requirements of the Mass Highway Standards and with local approvals after the preparation of a plan.
Vote -John Leeman made a motion, seconded by William Duffy,to approve the Council and St. Michael's
Church to proceed with the necessary analysis and plans toward establishing a pedestrian actuated crossing
light to allow safe crossing for the church and school at the church's Main Street location. And,that the
Board approves the crossing and light subject to approval by the Police Department, Public Works
Department, Board of Selectmen and conformance with Mass Highway Standards; vote approved 5-0.
Salem and Boxford Streets - Speed Zone -Residents have requested the 40 MPH speed zones to be
lowered. The Police Department has reviewed Salem and Boxford Streets and recommends posting those
areas that are not already posted with speed limit signs limiting to 35 MPH. Therefore, at no point on
Salem or Boxford Street would the speed limit be allowed greater than 35 MPH.
John Leeman made a motion, seconded by William Duffy,to approve the Police Department and
Department of Public Works to proceed with the necessary steps and approvals to post all areas on Salem
and Boxford Streets, now allowing speeds in excess of 35 MPH to be reduced to 35 MPH and that those
areas which are posted at 35 MPH or less shall remain, as such, contingent upon state approval, if
necessary; vote approved 5-0.
Board of Selectmen Minutes September 23, 1996 Page 3.
Main& School Street-Parking Regulations - 30 Minute Parking and Resident Only Parking -A request
has been received to limit the long-term parking on School Street. This area attracts long-term parking,
which is a problem for the businesses and residents in the area. Limiting parking to a time period will
resolve the long-term use problem, however the residents will not be able to park on the upper portion of
School Street. Therefore,the Council recommended a 30 minute parking restriction on School Street, as
well as a resident identification program, which provides School Street residents with long-term parking
over the 30 minute restriction in the area of upper School Street. The Board discussed the limiting of the
parking in the upper School Street, which would impact the dance studio. This request was referred back
to the Traffic Advisory Council for further review.
Main Street at Municipal Parking Lot Exit-To address the poor site line visibility for traffic for Senior
Citizens exiting from the municipal parking lot onto Main Street the Traffic Advisory Council recommends
to open the Saunders Street gate for egress only from the municipal lot limited to the regular operating
hours and during events held at the Senior Center.
The Board discussed the necessity of notifying the residents of Saunders Street and suggested inviting these
residents to the next Traffic Advisory Council meeting. No action was taken by the Board.
Cleveland and Main Streets -The original request was to eliminate parking spaces at the intersection of
Cleveland and Main Streets and the Board voted to authorize no parking along a section of Cleveland
Street. The issue is that the Main Street spaces were kept to avoid reducing parking spaces in the
downtown but the resident making the request is asking that the elimination of the Main Street spaces be
reconsidered. Therefore,the Council recommends to reduce the two parking spaces along Main Street at
either side of Cleveland Street to compact vehicle spaces and post accordingly.
William Duffy made a motion, seconded by David Torrisi, that the two parking spaces along Main Street
at either side of Cleveland Street be reduced to compact vehicle spaces and that the space be shortened and
signs be placed accordingly; vote approved 5-0.
Old Center Traffic -William Duffy discussed requesting that the Traffic Advisory Council review the
traffic flow in the Old Center
Traffic Advisory Council Appointment-William Duffy made a motion, seconded by John Leeman,to
appoint Donald Stewart to the Traffic Advisory Council; vote approved 5-0. Mr. Foley requested that Mr.
Stewart and Mr. Leeman be added to the agenda list.
SPECIAL TOWN MEETING: The Board reviewed and discussed the warrant articles and which
articles need to have public hearings scheduled. The following articles will be heard on October 7, 1996:
Amend General Bylaws - Change in Quorum Requirements; Amend General Bylaws -Dog Waste Disposal
Bylaw; Amend Town Code -Handicapped Parking Permit and Penalties; Amend Town Code -Noise
Control Bylaw; Amend Town Code - Christmas Tree Sales. The following articles will be heard on
October 21, 1996: Authorization to Accept Sewer Pump Stations and all the roadway acceptance articles.
On October 23, 1996 there will be a public forum held and discussion of the NESWC article.
Sewer Pump Stations -The Town Manager discussed the need for the town to address the taking over of
privately owned sewer pump stations. The following is the priority order of taking over some of the pump
stations: Holly Ridge Road, Andover Bypass @ Alcott, Hawthorne Place, Great Pond Road @ Rea's
Pond, Blue Ridge Road, Old South Bradford Street, and Dale Street. Diana Gaskin of Rosemont Drive
discussed with the Board of Selectmen the need for the town to take over these pump stations whereas it is
Board of Selectmen Minutes September 23, 1996 Page 4.
very expensive for residents to be paying a fee to utilize these stations to private owners. Ms. Gaskin
stated that she pays $ 400 per year to a private owner of the pump station which services her residence.
The Town Manager stated that the town is moving forward with taking over these stations to place them
under public control and this special town meeting will request the acquisition of four stations and possibly
a fifth one.
Emergency Town of the Warrant-The Townof the Warrant-The Town Manager requested that the Board reopen the warrant to
insert a roadway acceptance article for Brewster Street. William Duffy made a motion, seconded by
Donald Stewart,to open the warrant for emergency purposes to insert the Brewster Street roadway
acceptance article, as well as the presentation of the Financial Plan article;the board was individually
polled and voted unanimously to open the warrant and insert these articles; vote approved 5-0.
Donald Stewart made a motion, seconded by John Leeman,to close the warrant; vote approved 5-0.
School Building g Program-Architectural Fees for Schools -The Town-Architectural Fees for Schools -The Town Manager discussed the School
Facilities Master Plan Committee warrant article which requests that the town raise and appropriate funds
for architectural services for plans and specifications for schools. There has not been a figure provided yet
but the figure is expected to be very high.
Northeast Solid Waste Committee -The public forum for the NESWC discussion is scheduled for October
23, 1996. Mr. Leeman expressed concern that there may not be sufficient time for the town to review this
situation and consider the contract options. Mr. Foley explained that the warrant article allows the Board
of Selectmen to enter into an agreement,therefore,the voters are being asked to authorize the Board to
enter into an agreement on behalf of the town. Mr. Leeman requested that the Town Manager request an
extension for making a decision on the contracts. Mr. Halpin cautioned that Wheelabrator may not allow
another extension being that they have already allowed three.
William Duffy discussed the need to fund the NESWC contract and re-negotiation obligations.
William Duffy made a motion to seek and override of Proposition 2 '/2 to raise $ 3.5 million to be placed
into the stabilization fund to provide funding for the scrubber retrofit project and to provide for the for
the principal payment which was not provided for in the first year. Mr. Duffy explained that this in an
expense which the town is obligated to pay for. After discussion, Mr. Duffy withdrew his motion.
Mr. Leeman requested a copy of the contract.
TOWN MANAGER'S FY 1998 BUDGET TIME LINE: The Town Manager discussed his
abbreviated budget and election time line for Fiscal Year 1998. The following is Mr. Halpin's schedule:
October 1, 1996 Town Manager receives Revenue Estimates from Finance Director.
October 15, 1996 Town Manager presents Recommended FY 1998 Budget Message to Board of Selectmen,including:
• Identify Attainable 1st Year Implementation Goals per Financial Policies at Projected Revenue Levels.
• Direct Town Manager to recommend an Expenditure Budgets and Service Delivery Performance
Levels Assuming Projected Revenues.
• Prepare a second Expenditure Budget and alternative Service Delivery Performance Levels assuming
an increase in revenues of a specified amount for planning purposes.
• Establish Capital Improvement Program Goals,including School/Municipal Building Program,Master
Plan,and related community investments requiring long term debt.
November 4, 1996 Board of Selectmen issues FY 1998 Budget Message
December 6, 1996 Town Manager presents recommended Capital Improvement Plan with recommendations to Board of
Selectmen and Finance Committee.
January 13, 1997 Town Manager presents two alternative Expenditure Budgets and Service Delivery Performance Levels and
the water and sewer rates to Board of Selectmen and Finance Committee.
Board of Selectmen Minutes September 23, 1996 Page 5.
February 3, 1997 Board of Selectmen votes to adopt an Expenditure Budget with Service Delivery Performance Levels and
recommendations to seek additional revenue,if any, at a Town Election.
March 24, 1997 Town Election seeking additional revenue,if any.
April 7, 1997 Board of Selectmen adopt a final recommended Expenditure Budget and Service Delivery Performance
Levels to be presented to Annual Town Meeting.
May 5, 1997 Annual Town Meeting
EDUCATION REFORM ACT PRESENTATION BY WILLIAM DUFFY: Mr. Duffy discussed
with the Board of Selectmen the League of Women Voters has developed a formula for calculating the
Education Reform Act requirements in which many municipalities are receiving higher funding allocations.
Under the formula prepared by the League of Women Voters,the Town of North Andover is due an
additional $ 2,000,000. The League will be holding a public forum on November 14, 1996 to discuss this
issue.
BUDGET REVIEW OF EXPENDITURE AND REVENUE SUBCOMMITTEES: Mr. Duffy
discussed his proposal of creating two subcommittees to assist with review and remendy of the current
fiscal situation facing the town.
John Leeman made a motion, seconded by Donald Stewart,that a two person subcommittee of Kevin Foley
and David Torrisi be appointed to work with the Town Manager and the Finance Director on the issues
relating to the expenditure side of the budget; vote approved 5-0.
David Torrisi made a motion, seconded by Donald Stewart,that a two person subcommittee of
William Duffy and John Leeman be appointed to work with the Town Manager and the Finance Director
on issues relating to the revenue side of the budget; vote approved 5-0.
APPOINTMENTS - SPECIAL COUNSEL - NESWC SERVICE AGREEMENT AND HOST
COMMUNITY ISSUES: The Town Manager discussed the town's issuance of a Request for Proposals
(RFP) for Special Counsel to represent the Town of North Andover in regards to the proposed NESWC
Service Agreement and Host Community Issues. After review of the RFP's submitted,the Town Manager
recommended that the Board of Selectmen appoint the firm of Bernstein, Cushnell and Kimmell, which had
the most attractive price proposal and experience. The Town Manager recommended budgeting $ 10,000
for this service. The Board discussed the funding authorization for this appointment and the consensus was
to fund tasks 41 and 42 at a cap of$ 7,500, however, Mr. Foley recommended authorizing the $ 10,000
and having the Legal Affairs Subcommittee negotiate the costs. William Duffy made a motion, seconded
by Donald Stewart,to authorize $ 7,500 for tasks 41 and 42 for the Special Counsel appointment to
represent the Town of North Andover for the NESWC Service Agreement and Host Community Issues;
vote approved 4-1 (Kevin Foley opposed).
SPECIAL COUNSEL -APPELLATE TAX BOARD: The Town Manager discussed the town's
issuance of a Request for Proposals (RFP) for Special Counsel to represent the Town of North Andover to
the Appellate Tax Board in regards to the Flatley Company appeal for fiscal years 1992, 1993, and 1994.
The Town Manager recommended the appointment of Attorney Joseph Dalton to represent the town and the
funding of$ 5,000 for legal fees and$ 15,000 for appraisal fees. David Torrisi made a motion, seconded
by John Leeman,to appoint Attorney Joseph Dalton, as Special Counsel representing the town regarding
the Flatley appeal and to cap the legal fees for special counsel funding at$ 5,000 and the appraisal fees not
to exceed$ 15,000; vote approved 5-0.
Board of Selectmen Minutes September 23, 1996 Page 6.
CITIZEN'S AD HOC COMMITTEE ON FINANCES: David Torrisi made a motion, seconded by
John Leeman to appoint the following interested individuals to the Citizen's Ad Hoc Committee on
Finances to discuss and evaluate the town's financial condition; vote approved 5-0.
Laurence Kelley Gale O'Donnell William F. O'Donnell David C. Rand
Alexander R. Cain Gretchen Papineau John Erle Gina Ferrante
Ben PerroneAddison Minott
COMMISSION ON DISABILITY ISSUES: John Leeman made a motion, seconded by David Torrisi,
to appoint James F. Lyons to the Commission on Disability Issues for a term to expire June 30, 1999; vote
approved 5-0.
REQUEST TO USE OLD CENTER COMMON- ROBERT FROST SCHOOL - FOURTH
GRADE CLASS - OCTOBER 18, 1996 FOR LUNCH PICNIC: John Leeman made a motion,
seconded by David Torrisi,to approve this request; vote approved 5-0.
AGREEMENT BETWEEN THE TOWN AND MASS. HIGHWAY REGARDING TAKE OVER
OF ANDOVER AND OSGOOD STREETS: Mass. Highway has submitted an agreement for
authorization between the Town and Mass. Highway for the take over of Andover and Osgood Streets from
the state. Town Counsel is in the process of reviewing the agreement. Mr. Foley discussed the need to
review an area at the intersection on Andover Street and Chickering Road which needs to be widened allow
vehicles to turn right from Andover Street onto Chickering Road. This would allow traffic to flow through
more efficiently onto Chickering Road. This request will be forwarded to the Traffic Advisory Council for
review and recommendation.
GROUP HEALTH INSURANCE - OUTLINE OF PROCESS: The Town Manager discussed the
process needed to be utilized to review and negotiate the town's ability to offer or change the Group Health
Insurance program. The Town Manager and the Superintendent of Schools will be taking the steps to
begin this process which will include surveys, meetings, negotiations, recommendations, and identification
of options.
STEVENS ESTATE (i� OSGOOD HILL - EXTENSION OF LEASE AGREEMENT AT GATE
HOUSE: The Town Manager recommended that the town should extend the current lease agreement at the
Stevens Estate @ Osgood Hill arrangement with Michael Nicosia to provide grounds keeping and
maintenance services to the facility in exchange for free rent at the Gate House on the property.
Mr. Halpin recommends extending this agreement through the Spring of 1997.
David Stewart made a motion, seconded by William Duffy,to approve the extension of this lease
agreement; vote approved 5-0.
TOWN MANAGER'S REPORTS: Strategic Goal Setting Session-The strategic goal setting session
between the Board of Selectmen and senior management team on Saturday, September 28th needs to be
rescheduled and will be, as early as possible.
Police Employee/Management Relations Project-The Town Manager has received five proposals for this
project and has provided a copy of each to the Board and the Chief of Police. The price proposals are on
file. The Town Manager will be reviewing the proposals against the criteria in the RFP and making a
recommendation to the Selectmen in the near future. The price proposals will be opened at that time.
Board of Selectmen Minutes September 23, 1996 Page 7.
Joint Labor Management Committee -The JLMC, which has exclusive jurisdiction in police and fire
collective bargaining matters, has assumed jurisdiction in the North Andover Police contract.
Brewster Street-Mr. Halpin has met with a group residents of Brewster Street and the residents and the
Town Manager feel confident moving forward with the laying out of Brewster Street. The residents of this
street have agreed to contribute between$100 and$150 each to cover the cost of the surveyor's work and
layout plan. The Town Manager has streamlined the process by which the underlying real estate is
conveyed to the town.
Hillside Road-The Town Manager had a request from the residents of Hillside Road, who are privately
funding an extension of a public sewer line to their properties,to waive the usual connection fee. In light of
the fact that they are covering 100%of the construction cost,the Town Manager has authorized to waive
the fee.
EXECUTIVE SESSION: John Leeman made a motion, seconded by William Duffy, for the Board of
Selectmen to move into Executive Session for the purposes of discussing the value of the real estate of the
proposed Youth Center at the Textile Museum property as well as an update regarding the Stack Claim;the
board was individually polled and voted unanimously to move into Executive Session; vote approved 5-0.
Melissa A. Powers, Administrative Secretary David Torrisi