HomeMy WebLinkAbout1999-10-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 25, 1999
CALL TO ORDER: Keith Mitchell called the meeting to order at 6:30 p.m.
ATTENDANCE: The following were present: Keith A. Mitchell, Chairman;
William B.Duffy, Jr.; John R. Leeman, Jr.; Donald B. Stewart (arrived at 6:35 p.m.);
James M. Xenakis; Robert J. Halpin, Town Manager.
EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by John Leeman,to move into
Executive Session for a legal updates and status of litigation with Town Counsel; vote approved 4— 0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
James Xenakis made a MOTION, seconded by John Leeman,to move out of Executive Session at 7:40
p.m.; vote approved 5 — 0.
APPROVAL OF MINUTES:
James Xenakis made a MOTION, seconded by John Leeman,to approve the amended Minutes of
October 12, 1999; vote approved 4— 1 (Donald Stewart abstained).
John Leeman made a MOTION, seconded by Donald Stewart,to approve the amended Minutes of
October 18, 1999; vote approved 5 - 0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
Construction Projects. Keith Mitchell announced that updates on the construction projects being
performed on Mass. Avenue and Salem Street can be seen on Channel 97.
Solid Waste Advisory Committee Meeting. Keith Mitchell announced that the Solid Waste Advisory
Committee meeting has been postponed until November 2, 1999,at 7:30 p.m. at the Town Hall
Conference Room.
Parking on Water Street. Donald Stewart said he has gotten numerous calls regarding the lack of parking
on Water Street. He said that St. Michael's Parking lot has been shut down temporarily. He wants input
by the Police Department. A resident of Water Street also complained about the parking situation.
Agenda Addition. Keith Mitchell added under New Business, discussion regarding Building Permit fees.
LICENSING COMMISSIONERS:
Den Rock Liquors Update. The Town Manager said Mr. Burliss and his attorney will come before the
Licensing Commission at the meeting on November 8, 1999.
CONSENT ITEMS:
Board of Selectmen Minutes October 25, 1999 Page 2
Cambridge Sports Union Request to Use Town Roads for a Rollerski Race. John Leeman made a
MOTION seconded by James Xenakis,to approve the use of Town roads on Sunday,November 10,
1999, from approximately 9:30 a.m. to 10:45 a.m.; vote approved 5 — 0.
OLD BUSINESS:
Attorney Peter Epstein—Discussion of MediaOne Transfer to AT&T. Attorney Epstein reviewed the
timing of the transfer process. He said the Board has until November 10h to vote. He said the Board
should consider compliance issues, and these issues should be clarified before consenting. The "open
access" issue is a more difficult issue and is a philosophical issue. Massachusetts has a regulatory
agency that does have some authority over transfers. He stressed that a decision doesn't have to be made
tonight. Taking no action is not the way to go. He said some language could be used for a consent
statement.
John Leeman stated that the cable system was paid for by subscribers. Peter Epstein said that AT&T has
said they can't open it.
Donald Stewart said MediaOne never complied with issues. Attorney Epstein said the Town should be
dealing with AT&T not MediaOne.
William Duffy made a MOTION, seconded by John Leeman,to vote on the open access issue and other
conditions on November 8, 1999;vote approved 5 — 0.
Policy Regarding Reporting Status of Legal Activity to Board of Selectmen. William Duffy made a
MOTION, seconded by James Xenakis,to make amendments to his draft policy. These amendments
include changing the word"cases"to "legal action", "monthly"to "quarterly", at the end of paragraph
three "or in those instances where time constraints apply by a two member sub-committee of the Board".
One final amendment also in the third paragraph adds the words "or against"after"on behalf of'. John
Leeman added an amemdment that paragraph three read"The filing or settlement of any legal proceeding
on behalf of the Town of North Andover will first be reviewed by the Legal Committee of two Selectmen,
one of which will be the Chair. If it is the determination of the subcommittee that they disagree with the
proposed action by Town Counsel then the proposed action will be presented to the full board of
Selectmen for immediate disposition."vote approved 5 —0.
John Leeman made a MOTION, seconded by Donald Stewart,to accept the Board Policy as amended;
vote approved 5 — 0.
POLICY REGARDING LITIGATION IN WHICH THE
TOWN OF NORTH ANDOVER IS A PARTY
1. A cumulative report shall be prepared listing all legal action(including administrative and
arbitration legal actions) in which the town or any official, board, or committee is a party and
included on a quarterly basis in the publicly available packet sent to the Board.
2. The initial report shall contain a brief description of the legal action; subsequent reports
shall contain a description of significant actions in the legal action, such as trial dates,
filings and results of motions to dismiss and for summary judgment, and the like.
Board of Selectmen Minutes October 25, 1999 Page 3
3. The filing or settlement of any legal proceeding on behalf of or against the Town of
North Andover will first be reviewed by the Legal Subcommittee of two Board of
Selectmen members, one of which will be the chair. If it is the determination of the
subcommittee that they disagree with the proposed action by Town Counsel, then the
proposed action will be presented to the full Board of Selectmen for immediate
disposition. The Legal Subcommittee may, at its discretion, refer any legal action to the
full Board.
4. The terms of any settlement shall be included in the cumulative quarterly report as well
as in the minutes of both the executive session and the public session of the Board
meeting at which the settlement is voted.
John Leeman made a MOTION, seconded by Donald Stewart,to appoint Keith Mitchell and William
Duffy to the Legal Subcommittee; vote approved 5 —0.
Forgetta Family. The Town Manager said the Planning Board had requested a two week extension
to allow them to have a discussion with Mr. Forgetta.
John Leeman made a MOTION, seconded by Donald Stewart,to continue this agenda item to November
1, 1999; vote approved 5 — 0.
Building and Facilities Capital Plan—Timetable and Expectations. The Town Manager said this will be
on the agenda within the next two weeks. Keith Mitchell said he would like suggestions from the Board
on what issues they want discussed.
William Duffy said he would like to know what effect any capital plans have on the tax rate and major
traffic control issues.
NEW BUSINESS:
Report on Subdivision Plan Audit. Heidi Griffin, Town Planner reviewed the issues, objectives, findings
and actions.
She said issues include developers waiting too long to complete legal work, streets are taking too long to
complete and there needs to be coordination between the Planning Board and DPW. Some of the
objectives of Planning are to focus on public safety, seek enforcement on important issues, cross check
decisions, have meetings with developers, and the Planning Board taking an active role. Findings
include the need to have written decision, inspections demand varies, legal documents need to be
completed sooner,there are different opinions on who the client is, filing methods need to be improved to
track conditions and the need for active involvement by all departments. Some of the action items
recommended include having new subdivision regulations, new filing methods, regular Planning Board
review meetings and decisions with increased emphasis on developer reporting.
Town Manager Performance Evaluation Sub-Committee. James Xenakis made a MOTION, seconded
by Donald Stewart,to appoint John Leeman and William Duffy to the Town Manager Performance
Evaluation Sub-Committee; vote approved 5 — 0.
Building Permit Fees. The Town Manager reviewed how building permit fees were handled in May and
June. The two that have drawn more interest than others are Wheelabrator Environmental Systems and
Merrimack College permit for Gildea Hall. The Town Manager said he took steps to deal with projected
problems. After negotiations,Wheelabrator agreed to pay the remaining $220,000 prior to June 30,
Board of Selectmen Minutes October 25, 1999 Page 4
1999. Special Counsel Ken Kimmell told the Town Manager that if Wheelabrator appealed,the fee
could have been lowered.
Merrimack College had submitted its building plans earlier in the spring and had experienced delays.
Although there were delays,they agreed to pay$50,000 prior to June 30, 1999.
ADJOURNMENT: James Xenakis made a MOTION, seconded by William Duffy,to adjourn the
meeting at 8:45 p.m.; vote approved 5 — 0.
Ann M. Keating
Administrative Secretary James M. Xenakis, Clerk of the Board