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HomeMy WebLinkAbout1999-04-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 12, 1999 CALL TO ORDER: Keith Mitchell called the meeting to order at 7:30 p.m. ATTENDANCE: The following were present: Keith A. Mitchell, Chairman; William Duffy; John R. Leeman, Jr.; Donald B. Stewart; James M. Xenakis; Robert J. Halpin, Town Manager. APPROVAL OF MINUTES: John Leeman made a MOTION, seconded by James Xenakis,to approve the Minutes of April 5, 1999; vote approved 5 — 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Recognition of Merrimack College Students Involved in Old Center Traffic Committee. Keith Mitchell recognized the efforts of David Lachance, Peter J. Volpe, Jr., Steven Pouliot and Rachael LaLiberte for working on the Old Center Traffic Study. Donald Stewart made a MOTION, seconded by John Leeman,to present a certificate of appreciation to these students and their professor, Monica Snow at the next Old Center Traffic Study meeting; vote approved 5 — 0. Voter Registration. Keith Mitchell announced that Tuesday. April 13, 1999, is the last day to register to vote. The Town Clerk's office will be open until 8:00 p.m. Scheduled Meeting. Keith Mitchell announced that the next regularly scheduled Board of Selectmen's meeting will be on Monday, April 26, 1999. PUBLIC HEARING: Roadway Acceptance Warrant Articles. The Town Manager said that a large number of roadway acceptance petitions were received when the warrant was opened,the largest being Foxwood Development. The Town Manager stated that many times after street acceptances have been filed, it is discovered that a great deal of work needs to be completed. After this Town Meeting he suggested that meetings be held to include the Planning Board, Director of Public Works and Town Counsel to work out a clearer set of procedures for developers to follow. Foxwood Development—Foxwood Drive and Weyland Circle. William Scott, Director of Community Development, said the Planning Board sent a letter to the Town Manager saying the Planning Board did not make a recommendation because they did not have all the information. He also listed the issues for Foxwood Development including drainage,the tree cut line, building code, zoning code, easements, deeds, permits and fees. A number of residents voiced their opposition to the street acceptances. The complaints included standing water(extreme ice conditions in the winter), dead trees along the roads, no lighting at the switchbacks, water sprinkler problems, punch lists not completed. Board of Selectmen Minutes April 12, 1999 Page 2 Ms. Linda O'Connell of Mark B. Johnson Law Office who represents the developer, Evergreen Management, said the homeowners' individual complaints are not relevant to street acceptance by the Board. She also stated that Evergreen Management is withdrawing three streets (Cobblestone, Copley and Huckleberry). John Leeman questioned why there are these types of problems and who did the engineering. William Hmurciak, Director of Public Works, said there are unique problems including ground water that can't be totally eliminated. Mr. Hmurciak also said that by accepting the road,the Town would be responsible for taking care of the icing problem. Mr. Jack Devlin, 153 Weyland Circle, said much of the icing problem could have been avoided if the developer had not clear cut the area. It should be replanted, but the Planning Board waived the planting. William Scott said it would probably be better to work out a landscape plan with the homeowners. John Leeman made a MOTION, seconded by Donald Stewart,to take no action on the Foxwood Subdivision and send a letter to the Planning Board asking them to get a third party recommendation from an outside engineer on the drainage and other problems that have been raised; vote approved 4— 0— 1 (James Xenakis abstained). Berry Street. William Scott said the Planning Board was not sure what the proposal entailed. Berry Street is an existing town road. Ms. Ross, owner of Lot 52 on Berry Street, wanted information on what portion of the street it included. Mr. Hmurciak said Mr. Town's house is 338 Berry Street and extends to Ash Street. Keith Mitchell said that the Planning Board's continuance is a problem to the Board of Selectmen. He said the Board of Selectmen would not be taking any action on any of the street acceptances because of lack of information and would be discussed on April 26, 1999. John Leeman made a MOTION, seconded by Donald Stewart,to continue the remainder of the road acceptances not previously addressed or withdrawn and to add White Birch Lane until the next meeting; vote approved 5 — 0. NEW BUSINESS: Department of Public Works Employees Contract 1998—2001. The Town Manager reviewed the contract. The base wage increase is 2%for FY'99, 3%for FY'00 and 2/1.0 for FY'01. He also briefly reviewed group health insurance,job descriptions, on call duty and compensation, Safety Committee, day after Thanksgiving,job related training, clothing allowance, shift differential and arbitration. John Leeman made a MOTION, seconded by James Xenakis,to approve the Department of Public Works Employees Contract 1998—2001; vote approved 5 — 0. Rights of Way Vegetation Management— Comments to State Government Regulatory Agencies. The Town Manager said that the Town routinely receives plans from Amtrack and NEES to conduct vegetation management. He said of particular interest is the use of herbicides. Keith Mitchell said the type of pesticides being used include Roundup and other very powerful chemicals. He introduced Joan Kulash, People for the Environment,to speak about this issue. Board of Selectmen Minutes April 12, 1999 Page 3 Joan Kulash said that she hopes the Board would write a letter that asks that the moratorium currently in places is continued until there is substantial evidence that relieves concerns that these pesticides are not going to be a problem. Keith Mitchell supports this effort and the State should look more closely at the use of this pesticide. John Leeman made a MOTION, seconded by James Xenakis,to send a letter to the State agencies involved(Mass. Highway, Office of Transportation and Construction, Pesticide Bureau Chief)to ask them to study the effects of these particular chemicals and support the moratorium; vote approved 5 — 0. Legislation to Prohibit Solid Waste Disposal and Incineration of Mercury-Added Products in Mass. (Sponsored by Rep. D. Petersen). The Town Manager said he has been working with Representative Torrisi to learn more about the specifics. This legislation would require operators of solid waste plants and collectors take steps to remove mercury products. John Leeman made a MOTION, seconded by Donald Stewart,to write a letter of support to North Andover's representatives and send a copy to the Governor; vote approved 5 — 0. OLD BUSINESS: NESWC Settlement with Mass. Refusetech, Inc.. The Town Manager made a presentation on the NESWC settlement with MRI. He began with a background of the litigation and reviewed the current agreement. He continued with what the Superior Court judge ruled and NESWC's claim. He reviewed the range of outcomes and the settlement and what it means to North Andover. In summary the settlement exceeds the likely litigated outcome, provides superior performance guarantees, lowers disposal fees and addressed the State Inspector General's concerns. Joan Kulash asked some questions regarding the Settlement which were answered by the Town Manager. Mark DiSalvo, a resident, said that in his opinion the Town of North Andover and the NESWC communities were not successful in this negotiating this settlement. Annual Town Meeting Warrant. Article 1 —Report of Receipts, Expenditures and Special Committees. John Leeman made a MOTION, seconded by James Xenakis,to make a FAVORABLE recommendation on Article 1; vote approved 5 — 0. Article 2— Compensation of Elected Officials. John Leeman made a MOTION, seconded by James Xenakis,to make a FAVORABLE recommendation on Article 2; vote approved 5 — 0. Article 3 —Fiscal Year 1999 Budget Transfers. James Xenakis made a MOTION, seconded by John Leeman to make a recommendation at TOWN MEETING on Article 3; vote approved 5 - 0. Article 4—Water Enterprise Fund Appropriation Fiscal Year 2000. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation based on the Finance Committee's recommendation on Article 4; vote approved 4— 1 (William Duffy opposed). Article 5 — Sewer Enterprise Fund Appropriation Fiscal Year 2000. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation based on the Finance's Committee's recommendation on Article 5; vote approved 4— 1 (William Duffy opposed). Board of Selectmen Minutes April 12, 1999 Page 4 Article 7— Capital Improvement Plan Appropriation for Fiscal Year 2000. John Leeman made a MOTION, seconded by James Xenakis,to make a FAVORABLE recommendation on the revised (deleted the 4 wheel drive vehicle,technology in the schools, and libraries) Article 7; vote approved 5 — 0. Article 8 —Authorization of MGL Chapter 90—Highway Funds. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation on Article 8; vote approved 5 — 0. Article 9—Authorization to Operate Osgood Hill Conference Center. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation on Article 9; vote approved 5 — 0. Article 10—Transfer of Funds Overlay Account. William Duffy made a MOTION, seconded by John Leeman,to make a FAVORABLE recommendation on Article 10; vote approved 5 — 0. Article 11 — Stabilization Fund. John Leeman made a MOTION, seconded by Donald Stewart,to make a recommendation at TOWN MEETING on Article 11; vote approved 5 — 0. Article 12—Anne Bradstreet Commemoration. James Xenakis made a MOTION, seconded by John Leeman,to make a FAVORABLE recommendation on Article 12; vote approved 5 — 0. Article 13 — Quorum. This article is presented by the Town Moderator to amend the Town code. John Leeman made a MOTION, seconded by Donald Stewart,to make the recommendation at TOWN MEETING;vote approved 5 — 0. Article 14—Revocation of Civil Service— School Custodians and Food Service. William Duffy made a MOTION, seconded by John Leeman,to make a FAVORABLE recommendation on Article 14; vote approved 5 — 0. Article 15 —Removal of Police Chief from Civil Service. The Town Manager said this is common with many municipalities and would not effect the present chief. William Duffy said he cannot support either Article 15 or 16. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation on Article 15; vote approved 3 —2 (William Duffy and James Xenakis opposed). Article 16— Charter Amendment—Town Manager Appointment of Police Chief and Police Officers. This article is presented by the Board of Selectmen. John Leeman said he supports this article. However, because it requires a change in the charter he believes it should be studied with other charter change articles. John Leeman made a MOTION, seconded by Donald Stewart,to WITHDRAW this article; vote approved 5 - 0. Article 17—Establishment of Capital Planning Committee. William Duffy said he supports the establishment of a CIP and to increase the at-large members to five which will increase the committee to nine members. William Duffy made a MOTION, seconded by James Xenakis,to increase the number of at-large members to five and therefore the number of members to nine; vote approved 5 — 0. Board of Selectmen Minutes April 12, 1999 Page 5 James Xenakis made a MOTION, seconded by John Leeman,to make a FAVORABLE recommendation on the amended Article 17; vote approved 5 — 0. Article 18 — Citizen Petition— Change Board of Health to Elected Positions and Article 19— Citizen Petition— Change Planning Board to Elected Positions. These articles would require a change in the charter. Scott Hajjar who proposed Article 18 said that many people in Town want to have a greater say in health issues that impact them. Mark DiSalvo who worked on the last charter change does not believe the Board of Health should be elected positions. Mr. DiSalvo did not have an opinion on Article 19. John Leeman suggested that a Charter review committee be formed. John Leeman made a MOTION, seconded by William Duffy,to make an UNFAVORABLE recommendation on Articles 18 and 19; vote approved 5 — 0. Article 20— Citizen Petition—Amend Zoning Bylaw Section 2.27 Building g Height. No recommendation. Article 21 — Citizen Petition—Amend Zoning Bylaw 4.133 Par 6—Permitted Uses. Keith Mitchell reviewed the changes and additional wording. Joan Kulash discussed this article and stated that is a reiteration of Mass. General Laws. John Leeman made a MOTION, seconded by William Duffy,to make a FAVORABLE recommendation on Article 21; vote approved 5 — 0. Article 22—Authority to Accept Easements William Duffy made a MOTION, seconded by John Leeman,to delete the words "and the School Committee"from the Article; vote approved 5 — 0. John Leeman made a MOTION, seconded by James Xenakis,to make a FAVORABLE recommendation on Article 22 as amended; vote approved 5 — 0. Article 23 —Granting Easements. William Duffy said that he doesn't think the Board of Selectmen should be involved in granting easements. John Leeman made a MOTION, seconded by James Xenakis,to WITHDRAW Article 23; vote approved 5 - 0. Article 24—Acquire Interests in Real Estate. John Leeman made a MOTION, seconded by Donald Stewart to make a recommendation at TOWN MEETING on Article 24; vote approved 5 - 0. Article 25 — Change of Liquor Quota. The Town Manager said this is a request from the Vineyard to add one additional liquor license. The Town Clerk said the liquor quota is normally changed when the State conducts a census, which will be done in 2002, and the population has increased. John Leeman made a MOTION, seconded by Donald Stewart,to add the Vineyard name to Article 25; vote approved 4— 1 (James Xenakis opposed). Board of Selectmen Minutes April 12, 1999 Page 6 John Leeman made a MOTION, seconded by William Duffy,to explain in the article that the Town will petition the general court to increase the quota by one; vote approved 5 — 0. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation on Article 25; vote approve 4— 1 (James Xenakis opposed). Article 26—Property Tax Exemption—Increase. The Town Manager explained that if this is accepted, the exemption could be increased by up to 50%. William Duffy, made a MOTION, seconded by James Xenakis,to make a FAVORABLE recommendation; vote approved 5 — 0. Article 27—Deferred Taxes— Senior Citizen—Local Option. John Leeman made a MOTION, seconded by William Duffy,to make a FAVORABLE recommendation on Article 27 as amended; vote approved 4 — 1 (William Duffy opposed). Article 28 — Citizen Street Acceptances—Evergreen Management— Cristaldi. Make a recommendation at TOWN MEETING. Article 29— Citizen Street Acceptances—Levesque. Make recommendation at TOWN MEETING Article 30— Citizen Street Acceptances—Portion of Berry Street. The Town Manager said this has already been deferred during the Public Hearing but the primary problem with Berry Street is that there is no developer to prepare the plan. Some measures need to be taken to prepare a description. John Leeman made a MOTION, seconded by Donald Stewart,to take NO ACTION on this article and to work with the residents; vote approved 5 — 0. Article 31 — Citizen Petition—Forgetta—Rezone of Osgood Street—Industrial 1 to Business 1. No recommendation Article 32— Citizen Petition—Hajjar—Rezone Route 114 from R6 to G.B. No recommendation. Article 32 A- Citizen Petition—Hajjar—Rezone Route 114 from R6 to V.C. No recommendation. Article 33 — Citizen Petition—Rezone Route 114—B1,11, &R3 to V.C. —Minicucci. No recommendation. Article 34—Jet Fuel Excise Tax—Adoption. John Leeman made a Motion to make a recommendation at Town Meeting. Following discussion this Motion was withdrawn. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation on Article 34; vote approved 5 — 0. Article 36—Underground Utility ylaw Adoption. James Xenakis made a MOTION, seconded by John Leeman to make a recommendation at TOWN MEETING; vote approved 5 — 0. Colonnade Condominium Sewer Easement. The Town Manager said he researched who could be effected by this easement. He said Brooks School had no interest,the Town owns the other property. Attorney Dalton gave a summary of his client's request. Board of Selectmen Minutes April 12, 1999 Page 7 Keith Mitchell said this action requires a unanimous vote of the Board to reopen the warrant. William Duffy made a MOTION, seconded by John Leeman,to reopen the warrant for an emergency insertion of three articles; Colonnade Condominium sewer easement, a State funding resolution, and zoning articles (Hajjar and Forgetta parcels); vote approved 5 — 0. John Leeman made a MOTION, seconded by William Duffy,to close the warrant; vote approved 5 — 0. John Leeman made a MOTION, seconded by Donald Stewart,to make a FAVORABLE recommendation on the Colonnade Condominium sewer easement; vote approved 5 — 0. John Leeman made a MOTION seconded by Donald Stewart to make a FAVORABLE recommendation on the State Funding Resolution; vote approved 5 — 0. There was no recommendation on the zoning article. Water and Sewer Operating g BudgBudgets and C.I.P. The Town Manager discussed delaying Phase IIID until the fall and the streets effected by the deferral. William Duffy had questions regarding the Finance Committee recommendations. The Town Manager and Finance Director answered the questions. William Duffy questioned why the Town was not doing fixed asset accounting, and the Town Manager responded that the Town was moving in that direction but it is a multiple year effort. Peter North, Vice-Chairman of the Finance Committee, presented the Committee's concerns regarding the reserves. He also reviewed an analysis on the budgets from FY'98 to FY'00. William Hmurciak, Director of the DPW, reviewed his analysis of Water Department's fixed versus variable expenses. A 5%variation would change electricity by$11,800, chemicals by$4,600 and other charges by$500. John Leeman commented that he believes there are more variables than presented. William Hmurciak disagreed saying that there are certain fixed costs and any changes would be insignificant. William Duffy also asked about the unexpended Chapter 90 funds. William Hmurciak and Kevin Mahoney, Finance Director, explained that it was a timing problem. ADJOURNMENT: John Leeman made a MOTION, seconded by James Xenakis,to adjourn the meeting at 11:30 p.m.; vote approved 5 — 0. Ann M. Keating Administrative Secretary John R. Leeman, Jr., Clerk of the Board