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HomeMy WebLinkAbout2001-04-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 23, 2001 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Rosemary Smedile; John R. Leeman, Jr.;William Duffy; Donald B. Stewart; Mark Rees, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss legal matters in regards to Mesiti Development Corporation and request to release Executive Session Minutes; vote approved 5 — 0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Chairman Xenakis stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Change on tonight's Agenda under Licensing. Section A. Den Rock Liquors request for Remand from ABCC, this will be put off until next week April 30, 2001, at the request of the petitioner. Request to release Executive Session Minutes from Joan Kulash, People for the Environment. In Executive Session the Board voted unanimously not to release executive session minutes because the matter is still in litigation. Resolution of Appreciation for Robert McCann, Veteran's Agent, City of Lawrence. The Board of Selectmen honored Robert McCann with a Resolution of Appreciation as he retires from the City of Lawrence as Veteran's Agent after seventeen years of service. Mr. McCann also served as North Andover's interim Veterans Agent from October 1999 to May 2000. Trash Transfer Facility. Resident Joy Mills spoke and asked the Board if they had met to take a stance on the regional trash transfer facility. Ms. Mills read from a newspaper article April 20, 2001,that stated Town leaders have eliminated a trash transfer station as a possible alternative to a strip club in Town and at least two- selectmen hope they can eliminate both options forever by buying the disputed land. Ms. Mills asked if the article was true. James Xenakis did speak with the editor of the Lawrence Eagle Tribune this morning and expressed the article was in fact very misleading and inaccurate and read a public statement to the reporter from the Tribune saying he supported looking into buying the land but he does not support it because he does not know the specifics and cannot make a blind statement. James Xenakis cannot speak for his colleagues on the matter but the indication is the Board does not feel it is an issue they should be discussing right now;that is why it is not on tonight's agenda. Ms. Mills asked the Board individually starting with William Duffy how he felt about this issue. William Duffy stated that the matter is in litigation and the Board is supporting the litigation. Donald Stewart stated the Town won the case on the trash facility and it is not an option. Rosemary Smedile stated she has the same views as Mr. Duffy and Mr. Stewart have,the Town won that, as far as she is concerned that is over. Rosemary Smedile also stated that the Board cannot prevent people coming to them with any issues to act on. Anyone can bring anything to the Board, and then you deal with it as it comes. Lawrence Municipal Airport planning and advisory meeting. Dennis Card resident from Wood Avenue attended a meeting on Thursday April 19, 2001, and was the only representative from North Andover and out of 21 people present,the only person was not extremely pro-airport. People were talking about extending the airport 2000 feet and trying to push changes in North Andover's zoning laws,trying to attract corporate jets to the airport if New Hampshire institutes a tax;try to pull some of that business down to North Andover. There were a lot of issues on the agenda that would have a traumatic impact on North Andover and need strong representation at meetings. Board of Selectmen Minutes April 23, 2001 Page 2 Board of Selectmen Meeting. The next Board of Selectmen meeting is scheduled for Monday, April 30, 2001, at Stevens Memorial Library at 7:00 PM. PUBLIC HEARING Road Layouts (Acceptance of Public Wad Before Town Meeting can act on articles requesting the acceptance of roads and streets as public ways,the Board of Selectmen must hold a public hearing and vote to "layout"the roads. The Planning Board, DPW, Conservation Commission and Town Counsel have made recommendations regarding whether the roads should be accepted. Orchard Hill Road. Attorney Chris Colwell asked to have the hearing continued until next week, as there was a Scribner's error on the as-built plans. Attorney Colwell would like to resubmit the plan next week with the proper description. John Leeman made a MOTION, seconded by Donald Stewart,to continue the Public Hearing for Orchard Hill Road until next week; vote approved 5 — 0. Christian Way Extension. The Conservation Commission advises there is a lack of certificate of compliance and the recommendation is that the street not be accepted. Coventry Lane and Huckleberry Lane. The Planning Board's issue on Coventry Lane is that the pump station has not been transferred to the Town at this point. The Board feels that in the absence of a written agreement that the pump station will be transferred to the Town prior to Town Meeting that they cannot recommend favorable action. William Hmurciak, Director of the DPW, stated the sewer pumping stations are not in the Coventry 1 subdivision, would be the Dale Street Pumping station, which does service Coventry 1 and the pumping station on Blue Ridge Rd, which services the entire Mosquito Brook drainage area. The subdivision itself has a favorable recommendation from the DPW, it has taken the developer seven or eight years to come to a point where he has gotten all the issues to an acceptable standard and the DPW has an unconditional yes to the subdivision. The sewer pumping stations are a separate issue and have always been dealt with separate. The focus of the applicant has been to get the subdivision roadway accepted and dealing with DPW to get the sewer pumping stations accepted as a separate issue. Other subdivisions have been accepted which have been tributary to these pumping stations and have not been an issue in the past. William Duffy stated he didn't think the Board was in the position to condition the layout of the street; it has to be clean when it goes on the record at the Registry of Deeds. Heidi Griffin, Town Planner, stated in the absence of a written agreement between the applicant and the Town, the Planning Board is recommending unfavorable action. John Leeman made a MOTION, seconded by William Duffy,to continue the public hearing on Coventry Lane to next week and layout Huckleberry Lane with the conditions of the Planning Board; vote approved 5 — 0. CONSENT ITEMS Solicit Funds for Memorial Day and Veterans Day. Director of Veterans Services Edward Mitchell requested permission to solicit local businesses to sponsor these events. The funds would be used to purchase flags and banners and fund the rental of vintage military vehicles, which will allow elderly and disabled veterans to ride in the parade. William Duffy made a MOTION, seconded by John Leeman,to approve the request from Edward Mitchell, Director of Veterans Services,to solicit local businesses to sponsor events for Memorial Day and Veterans Day; vote approved 5 — 0. Proclamation for Arbor Day, April 27, 2001. John Leeman made a MOTION, seconded by Rosemary Smedile,to approve the Proclamation for Arbor Day, April 27, 2001, in the Town of North Andover; vote approved 5 — 0. Board of Selectmen Minutes April 23, 2001 Page 3 LICENSING COMMISSIONERS William Duffy made a MOTION, seconded by John Leeman,to move into Licensing; vote approved 5 — 0. Den Rock Liquors. Den Rock Liquors request for Remand from ABCC,this will be put off until next week April 30, 2001, at the request of the petitioner. One-Day Liquor License Gary Adams of Unitarian Universalist Church,North Parish of North Andover. James Xenakis made a MOTION, seconded by John Leeman, requested by Gary Adams of Unitarian Universalist Church, The North Parish of North Andover on Friday, April 27, 2001, from 7:00 p.m. — 9:30 p.m., for a fundraising auction,Wine License (Fee Waiver Requested); vote approved 5 — 0. Transfer Liquor License-All Alcohol-from Joseph Quartarone-Pasta for You,to Joseph Messina-Restaurant Zola, 57 Water Street,North Andover. John Leeman made a MOTION, seconded by William Duffy to approve the transfer of liquor license-All Alcohol-from Joseph Quartarone, Pasta for you to Joseph Messina, Restaurant Zola, 57 Water Street,North Andover, contingent upon the CORI report being reviewed by the Chairman of the Licensing Commission; vote approved 5-0. Livery License: Ralf T. Wakim d/b/a Bon Voyage Limo, 133 Main Street(2 vehicles). John Leeman made a MOTION, seconded by Rosemary Smedile,to approve the Livery License for Ralf Wakim d/b/a Bon Voyage Limo, 133 Main Street; vote approved 5 — 0. James Xenakis made a MOTION, seconded by William Duffy,to move out of licensing; vote approved 5 — 0. OLD BUSINESS Re-Precincting. Town Clerk Joyce Bradshaw updated the Board on the required mandates for Re-Precincting. The draft map has been submitted and reviewed by the sub-committee of Selectmen Smedile and Stewart. The recommendations provided were offered to the Secretary of the Commonwealth's Office and all possible changes to boundaries made. Important points to consider are: 1. All precincts must be 4,000 or less in population. 2. All deviations between precincts must be 5%or less. 3. All precincts must be compact and contiguous on the map. 4. All precincts must be bounded by centerlines of street or other visible boundaries. The Federal Census population of 27,202 as of April 1, 2000 is reflected in the map the Town Clerk presented. As drawn, it is in balance and complies with the appropriate legal criteria as verified by the Secretary of State's Office. The map has been available for inspection in the Town Hall. In recognition of precincts that have been identified as potential growth areas,the precinct lines can only reflect April 2000 numbers. Town Clerk Joyce Bradshaw is looking for the Board look this over and a vote in two weeks to allow the Secretary of State's Office make a few minor changes and if the Board has any input. Representative s Torrisi and Jones along with Senator Tarr has looked over the map. Senator Jajuga was on vacation and he will be coming in to view the map. Once the Board of Selectmen votes on the Re-Precincting,this will allow the LEDRC (Local Elections District Review Commission)to have sufficient time to review and finalize. The Town Clerk will have the map available in Town Hall over the weekend should the Board wish to review it. Osgood Hill Telecommunication Proposals. The Telecommunications subcommittee met recently and reviewed the two non-financial proposals received in response to the town's request for proposals for telecommunications facilities at Osgood Hill. It is their recommendation that one of the proposals be rejected for non-responsiveness to two of the criteria necessary to be deemed a"Responsible Bidder". The financial proposals have not yet been opened pending a resolution of this matter. Board of Selectmen Minutes April 23, 2001 Page 4 Christine Morrisey of Sprint was present and submitted two envelopes but certain forms are in the second envelope and missing from the first envelope. Ms. Morrisey requests that if the Town does not want to accept her bid Ms Morrisey formally request the Town reissue an RFP that she could respond to, as Sprint needs coverage in this area. John Leeman stated he was very uneasy issuing a contract based on only one bid. Walter Soule, a nonvoting member of the telecommunications subcommittee stated his personal feelings are to go for as much money as possible and with two bids, we should open both bids and go for both of them. John Leeman asked if AT &T could file a bid protest with the Inspector Generals office? With a minor technicality he did not believe AT &T would file a protest. James Xenakis asked Attorney Stephen Anderson from AT &T if he had any objection with the Town allowing the Sprint proposal being considered and brought forward. Attorney Anderson responded "absolutely none, none whatsoever." John Leeman made a MOTION, seconded by Rosemary Smedile,to take both proposals,to accept the Sprint proposal despite some minor informalities; vote approved 4-0-1. (Donald Stewart abstained). Town Manager Mark Rees suggested the Board remand this matter back to the Telecommunications Subcommittee. John Leeman made a MOTION, seconded by Rosemary Smedile,to remand the issue back to the Telecommunications subcommittee to open up the proposals and bring a recommendation back to the Board; vote approved 5 — 0. FY02 General Fund Budd Efforts have been ongoing towards reaching a consensus budget that, while not meeting all of the needs of the parties, is at least acceptable to the Finance Committee, School Committee and the Board of Selectmen. There is a possible resolution that will be considered at the Budget Communications Group meeting scheduled for an hour before tonight's Board of Selectmen Meeting. Senator Bruce Tarr sent a communication to the Town,the budget submitted by the House Ways and Means Committee has $338,000 less Chapter 70 aid for North Andover than the Governor's recommended budget. Town Manager Mark Rees stated at the Budget Communications Meeting held prior to the Board meeting,the School Committee was asked for some benchmark numbers,to be able to ascertain their needs for additional funds. One of those benchmarks numbers was how much money they needed to avoid layoffs. The number they gave was 1.975 million dollars. The Finance Committee recommended budget was 1.6 million, which is $372,000 short. James Xenakis commented that the School Dept has indicated that a budget with no layoffs would ask for an 8%increase,just under 2 million dollars. James Xenakis stated he had a hard time believing that a 1.6 million increase or a 6.3%increase to the budget would result in layoffs. He is confused as to how a large increase in proportion to the percentage to the increase in students could still result in layoffs. Mark Rees stated the School Dept has argued that in addition to the increased cost of the new students,they have higher energy and heating cost, collective bargaining process,the increased cost of special education to the Town; all those factors increase their budget. In an attempt to enter into a consensus budget, according to Town Meeting, Mark Rees is of the opinion that if the Town could agree on the 1.9 million and enter into a memorandum of understanding with the Finance Committee and School Committee,that would address contingencies if State Aid did not come in as anticipated, or came in higher than anticipated, as well as the most important aspect to establish a Financial Task Force to study 4-5 year range of where we are going as far as finances. NEW BUSINESS Sewer Repair Issue: Frederick and DorothySpicer. Frederick and Dorothy Spicer appeared before the Board of Selectmen and asked the Town for help in repairing a sewer line approximately 45 feet from his house, out in the road. The line is broken and raw sewage is going into the ground. The DPW and Town Manager stated it was not the trunk line and most likely a connection between the house and the main sewer line. Roto-Rooter has been out to his house three times Board of Selectmen Minutes April 23, 2001 Page 5 and says the line is broke in the middle of the street and not on his property. A camera has not been put in the line. Donald Stewart stated that if it is broke under the road, anything could have broken it,the constant traffic on the road. John Leeman made a MOTION, seconded by William Duffy,to have William Hmurciak to spend the $350- $400 to put a camera down and determine where the break is, and bring the findings back to the Board; vote approved 5 — 0. TOWN MANAGER'S REPORT: Director of Community Development resigns. William Scott tendered his resignation and will taking a similar position in Salem,NH. His last day will be May 4, 2001. James Xenakis asked if the Town Manager could draft a resolution for his excellent job in Town. MEMA Meeting. Chuck Benevento and William Hmurciak attended a MEMA meeting on how to apply for Federal Aid for cost associated with the March 5-7 snowstorm. The deadline for submitting the request is May 4, 2001. Legal Expenses. At the upcoming Annual Town Meeting,the Town will be requesting the transfer of money from other accounts to cover the anticipated deficit in the legal line item. Maritimes Pipeline Representative. John Leeman made a MOTION, seconded by Donald Stewart,to appoint Keith Mitchell to be the Board's contact person for the pipeline issue with Attorney Bernstein's office, if Mr. Mitchell does not accept this distinct honor,then Rosemary Smedile will be the contact person; vote approved 5 — 0. ADJOURNMENT: John Leeman made a MOTION, seconded by Donald Stewart,to adjourn the meeting at 9:07 PM;vote approved 5 — 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Chairman