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HomeMy WebLinkAbout1997-08-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 18, 1997 CALL TO ORDER: John Leeman, Chairman, called the meeting to order at 7:30 PM. ATTENDANCE: The following were present: John Leeman, Chairman;William B. Duffy, Jr.; Kevin Foley; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager. APPROVAL OF MINUTES: July 14, 1997 and August 4, 1997 -David Torrisi made a MOTION, seconded by William Duffy,to approve the minutes of July 14 and August 4, as submitted; vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS & PUBLIC COMMENT: Proclamation-Foster Care Week-Donald Stewart made a MOTION, seconded by Kevin Foley,to proclaim August 18 -August 23 as Foster Care Week in the Town of North Andover; vote approved 5-0. Two representatives of the Department of Social Services in Lawrence were at the meeting to receive the proclamation. Mr. Foley thanked the Stewart family for their many years of services to foster children, in their home. School and Municipal Building and Facilities Studies Meeting -The Town Manager notified the Board that a School and Municipal Building and Facilities Studies meeting will be held on Thursday, August 28, 1997 at 7:00 PM at the Stevens Memorial Library. This meeting will be an information session on each project and study. Senior Center Ground Breaking Ceremony-The ground breaking ceremony for the Senior Center will be held on August 27, 1997 at 9:00 AM. Grant Application Filed-Department of Environmental Management for the Preservation and Maintenance of the Old Center Common-The Chairman announced that the Director of Community Development has filed the above referenced grant application on behalf of the Town. Police Department Management Study-Mr. Foley discussed the report of the consultant which was presented to the Board of Selectmen in April, 1997 as a result of the research conducted for the Employee Relations Improvements Effort for the North Andover Police Department. Kevin Foley made a MOTION, seconded by William Duffy,to adopt the Management Study and to implement the recommendations within the report. As part of this motion,the following statement was read by Mr. Foley: The Board of Selectmen does not agree or disagree with the portion of the report dealing with the history of and blame for the poor relations between police management and the police patrolmen's union. Based upon the information available to him, it is understandable how the consultant reached those conclusions, however, the Board notes that the findings and conclusions on these issues were not part of the scope of the project. Therefore, they were not weighed in the Board's decision to adopt the report as written and implement its recommendations immediately. The following comments were offered during discussion. David Torrisi stated that the motion is a surprise (unexpected) so,therefore, he will vote against it. He also stated that in his opinion the board needs to have a public discussion with the main author of the report (Charles Hale), as well as the Police Chief and the Union. Mr. Stewart commented that he thought the Board was waiting for the meeting between the Board, the Author and the representatives of the Police Union. Mr. Leeman stated that he agreed with Board of Selectmen Minutes Page 2. David Torrisi's comments. Mr. Foley commented that he would like to see the report of the subcommittee (the subcommittee was to compare the draft report with the final report). Mr. Foley also commented that he felt is it unfair to the Town Manager, Police Chief(whom he feels has done a great job),the Union and the Town who paid for the report. The motion to accept the report and implement the recommendations was then brought for a vote and failed 2 - 3 (John Leeman, David Torrisi, and Donald Stewart opposed). Kevin Foley made a MOTION to not accept the Management Study Report; motion failed to be seconded. Mr. Foley requested that the record reflect that he attempted action be taken by the Board on this item. LICENSING COMMISSIONERS: David Torrisi made a MOTION, seconded by Kevin Foley, for the Board of Selectmen to move into licensing; vote approved 5-0. Continuation of Public Hearing -Livery License Application-Robert Vargas d/b/a Andover Limousine, 85 Main Street, Unit B -The Zoning Enforcement Officer maintains the opinion that there are only 2 parking spaces available and the applicant requires four spaces. William Duffy made a MOTION, seconded by David Torrisi,to refer this to the Town Counsel to clarify the interpretation of the Zoning Bylaw, as well as provide information as to the applicant's appeal rights; vote approved 5-0. The Board also indicated that the applicant may continue to operate the business as presently operated, until the town has the opinion from Counsel. Evy Gillette, Manager, Stevens Estate A Osgood Hill -Request For a One Day Wine and Malt Beverages License for the FTP Software Party on August 20 from 12:00 PM - 7:00 PM (rescheduled from Jules and August 14) -Kevin Foley made a MOTION, seconded by John Leeman,to grant this one day license; vote approved 5-0. Chairman Stewart notified the board that one person is only allowed 30 licenses within a year and Ms. Gillette is getting close to the allowed maximum number of 30. Kevin Foley made a MOTION, seconded by John Leeman, for the Board to move out of licensing; vote approved 5-0. JEFFERSON (i� DEN ROCK- TRAFFIC ENGINEERING CONULTANT REPORT - PAUL HAJEC, HAJEC ASSOCIATES: Mr. Hajec is a Traffic Engineering Consultant retained by the Town of North Andover to review the traffic impacts of the placement of curb cuts onto Waverly Road to access the proposed Jefferson @ Den Rock apartment complex in the City of Lawrence. The proposed curb cuts would be in North Andover. Mr. Hajec's evaluation of the traffic in the area as well as his evaluation of the Vanasse traffic study indicates that the Town of North Andover would suffer increased traffic on Waverly Road. Mr. Hajec stated that most of his concerns previously indicated about the report have since been addressed, however,the following remain outstanding issues to date: Trip distribution data, accident data, and mitigation of Waverly Road/Route 114. Mr. Hajec stated that better coordination of the lights on Route 114 could improve the traffic congestion. Many residents of the area expressed concerns to this proposed project, citing increased traffic would adversely affect their neighborhood. Steve Colyer, Andover Community Development, reiterated Mr. Hajec's report and stated that Den Rock has been for many years and remains inter-municipal project concern. Mr. Colyer respectfully requested that the Town of North Andover's approvals remain in abeyance until the Town of Andover can continue to address traffic concerns, as well as the completion of the DEP review. David Torrisi made a MOTION, seconded by Donald Stewart,to request the following information with respect to this traffic study. Vote approved 5-0. Board of Selectmen Minutes Page 3. • What is the total traffic (le., vehicle trips) over a twenty-four hour period generated by the project? • What happens to the traffic and level of service analysis at key intersections when Merrimack College is in session? • What happens to the traffic and level of service analysis at key intersections after the first seasonal snow storm? The Town Manager will request that information from the project proponent TELLUS INSTITUTE AND TOWN COUNSEL - DISUCSSION OF PROPOSED HOST COMMUNITY AGREEMENT BETWEEN TOWN AND WHEELABRATOR: Attorney Kenneth Kimmell discussed with the Board of Selectmen the host community agreement between the Town of North Andover and Wheelabrator, which has been redrafted to include the recommendations of the Board's previous review. James Goldstein of Tellue Institute, a consulting firm specializing in environmental agreements, discussed with the Board of Selectmen his concerns as to the negotiations which have been presented. Mr. Foley questioned Mr. Goldstein with respect to Mr. Goldstein's knowledge of the process previously undertaken for the negotiations of the proposed host community agreement. This process was participated by the Town Manager, Town Counsel and Mr. Foley; Mr. Goldstein indicated that he did not have historical knowledge of that process. Many residents expressed their concerns that the Wheelabrator facility is negatively impacting the environment. They expressed gratitude towards Mr. Goldstein's assistance and presentation. Mr. Gayton Osgood, Board of Health, notified the Board of Selectmen that Wheelabrator to the best of his knowledge had complied with state and federal regulations. APPROVAL TO USE PUBLIC PROPERTIES: Stevens Pond Fishing g DerbyDerby and Thomson School Fun Run-Kevin Foley made a MOTION, seconded by Donald Stewart,to approve the Town Manager's recommendations to use public properties for the following events: Thomson School Fun Run on various roadways - September 17 (rain date September 19) at 5:00 PM and the Nevins Family of Services Stevens Pond Fishing Derby on September 17 (rain date September 18) at 10:00 AM; vote approved 5-0. PLANNING BOARD APPOINTMENTS: The Town Manager stated that he intends to meet with the members of the Planning Board whom are up for reappointment to discuss the Board goals with respect to development in the Town of North Andover. This will be placed on the next Board of Selectmen agenda. No action was taken ADJOURNMENT: There being not further business, David Torrisi made a MOTION, seconded by Kevin Foley,to adjourn this meeting aty 10:25 PM; vote approved 5-0. Melissa A. Powers, Administrative Secretary David Torrisi, Clerk of the Board