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HomeMy WebLinkAbout2001-09-10 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES September 10, 2001 CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: Rosemary C. Smedile Chairman; James M. Xenakis;William Duffy; Donald Stewart; Mark Rees, Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss collective bargaining and pending litigation for GLSD; vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Donald Stewart yes; James Xenakis yes;William Duffy yes; and Rosemary Smedile yes. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Donald Stewart,to approve the Executive Session and Open Session minutes of April 30, 2001;the Open Session minutes of May 7, 2001;the Open Session minutes of May 14, 2001;the Executive Session and Open Session minutes of May 21, 2001; and the Executive Session and Open Session minutes of June 4, 2001; vote approved 4 - 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT William McEvoy-No office Space. James Xenakis told the Town Manager that since the Thrift Shop has burned down William McEvoy has been working out of his car. James Xenakis would like the Town Manager to look around and see if any space if available and report back to the Board. One place that comes to mind is Osgood Hill. Executive Session vote on GLSD. A vote was taken in this evening's executive session for a settlement with GLSD on the air quality permit. If anyone is interested in picking up a copy of the agreement,they can pick it up at Town Hall. It is pretty much the same settlement with a minor change. Wheelabrator. Community open house at Wheelabrator on Sunday, September 16, 2001, on Holt Road. Election Day.- Tomorrow, September 11, 2001, is election day for the vacant seat on the Board of Selectmen. The polls are open from 7:00 AM— 8:00 PM. PUBLIC HEARINGS: Peter Glynn of Massachusetts Electric appeared before the Board to request permission to place a pole on Clark Street to better service Sweetheart Plastics, Plan 4C53/448 pole petition. James Xenakis made a MOTION, seconded by Donald Stewart,to approve the pole petition Plan C53/448 to place 1 pole 31/5971 '/2 on Clark Street; vote approved 4— 0. CONSENT ITEMS: Monsignor Shea Council 43819, Knights of Columbus Tootsie Roll Drive. Donald Stewart made a MOTION, seconded by James Xenakis,to approve the request from Monsignor Shea Council 43819.Knights of Columbus,to hold the annual Tootsie Roll Drive on October 19, 20 and 21, 2001; vote approved 4— 0. Request to close Oxbow Circle September 29, 2001. Donald Stewart made a MOTION, seconded by James Xenakis,to approve the request to close Oxbow Circle on September 29, 2001, for a block party at 1:00 PM for the afternoon; vote approved 4— 0. Board of Selectmen Minutes September 10,2001 Page 2 Boat Access to Lake Cochichewick. At the last meeting the Board requested DPW Director William Hmurciak to provide information to the Board regarding possible boat launching sites on the lake. Town Manager Mark Rees supports Mr. Hmurciak's suggestion that the Board consider revising the rules and regulations governing boat use on the lake. Should the Board determine that we should pursue the old North Pumping Station site,then the next steps may be to direct the staff to draft revised rules and regulations and to notify the abutters that the site may be reopened. James Xenakis asked if other land was looked at besides town property. Mark Rees stated he would contact Brooks School and others in the watershed area to look for boat access for launching the boats. James Xenakis also stated he visited the lake and noticed lots of violations, boats without permits, kayaks on the lake, cars illegally parked and out of state cars. The rules and regulations need to be revisited for enforcement. This will be on the next agenda of October 1, 2001. Roger Larson and other residents spoke of the frustration of not being able to use a kayak on the lake. Mr. Larson stated a kayak is much more stable than a canoe and the permitting and rules should be updated. Frank Ragonese addressed the Board and stated it appears as though the Board has already made up its mind that North station is going to be the location where this will be allowed. He totally disagrees with this and the way the Board has gone around it by not notifying him as an abutter. Rosemary Smedile stated there will be a public hearing on October 1, 2001, and the Board will be discussing this and letting everyone speak. Mr. Ragonese asked what good that would be if the deal is already made. Mr. Ragonese also recommended the Board get a copy of the 1997 Surface Water Supply Protection Plan and see what the committee recommended for the protection of the drinking water supply. Rosemary Smedile stated that was duly noted and the Town Manager would get a copy of that report. William Duffy stated as elected officials the Board does the best they can and in fairness to all there is a public hearing on October 1, 2001, and a committee will be formed to find the best solution possible for all the residents of North Andover. Rosemary Smedile stated enforcement is key and the public hearing is scheduled for October 1, 2001. Request for Adjustment of Sewer Charges,William Barrett. At the last Board meeting August 27, 2001,the Town Manager recommended that the Board refer this request to the Utility Abatement Review Board which is a component of the Town's recently adopted Utility Abatement and Adjustment Policy. Town Counsel agreed with the Town manager's interpretation that this matter should be before the Utility Abatement Review Board and not the Board of Selectmen. If the Board also agrees,then a member of the public should be appointed to the three-member board. Donald Steward previously agreed to be the Board representative and the third member is the Director of Finance or at his option,the Town Accountant. William Duffy made a MOTION, seconded by James Xenakis,to appoint Donald Stewart and James Xenakis to an ad hoc committee to report back to the full Board with a recommendation what position to take on the request of William Barrett's adjustment of sewer charges; vote approved 4— 0. William Duffy made a MOTION, seconded by Donald Stewart,to appoint Sam Ameen, a member from the public,to work with the Finance Director and Donald Stewart on the Utility Abatement Review Board; vote approved 4— 0. Chapter 40B Proposal: Terra Properties, LLC; 200 Chickeringg Road. Lou Minicucci of Terra Properties, LLC, filed a 40B request for a development at 200 Chickering Road. Under 40B procedures the decision making for this development rests with the Zoning Board of Appeals. Mr. William Sullivan Chairman of the ZBA has done an incredible job of seeking input from a variety of boards and committees and would like to seek the opinion of the Board of Selectmen. William Sullivan stated there was a Fiscal Impact Analysis completed and reviewed by the Finance Committee with a fiscal impact to the Board of Selectmen Minutes September 10,2001 Page 3 town of a positive $211,000. There is also a limited number of children of 11 that would be an impact on the school system. Lou Minicucci addressed the Board and stated he is proposing a project consisting of about 6.22 acres of land known as Rennie's Florist. Originally the developer had proposed to build 132 units, 6 buildings and enter the site on two different areas. Some of the issues were over the use of Wood Lane and how would residents in (2) of the proposed buildings get to the Community Room. The development seemed chopped up and segregated with two separate developments. There were also concerns with the Fire Department and Police Department for emergency responses, which project would it be and what driveway to take. The Trustees of Reservations, an abutter, objected to the use of Wood Lane; believes it had been abandoned by the Town and didn't want to split up its parcels on Chickering Road. The Trustees agreed to give Terra Properties approximately 5,000 SF of land if Terra Properties would not use Wood Lane; Terra Properties did agree and executed an agreement with the Trustees in August. The project revised and reduced the number of unites to 126 and increased the number of parking spaces to 202 for a ratio of 1.6 spaces per unit. The number of buildings was reduced from 6 to 4. The number of dumpsters increased from 2 to 3; individual trash compactors and sink disposals added to each unit. Under Comprehensive permit 40B, 25%of the units have to be set aside for affordable housing. There is a difference between affordable and low-income housing. Affordable housing is 80%of the median, and low-income housing is about 50%of median income. Working through the ZBA the Town could set aside some of the units for North Andover residents like school teachers, firefighters and newly appointed policemen breaking into their professions. Donald Stewart asked if there was town water and sewer available to the site. Mr. Minicucci stated there was town water and sewer available to that site. William Sullivan stated there will be no trash pick up or snow removal to this condominium site; it will be in the deed writer. William Sullivan also advised Mr. Minicucci to file his intent for the ZBA meeting agenda for next week to show the intent for sprinklers as per discussion with the Fire Chief. Request to Place a Temporary Religious Structure (Menorah) on Town Property. Chairman Rosemary Smedile received a letter from resident Benjamin Harelick asking to place a religious symbol, a Menorah, on town property from December 10 through December 19, 2001. Town Counsel reviewed the issue and stated that if the town were to allow temporary religious structure they would have to allow for all religious structures. If the board did not allow for temporary religious structures,then granting this request may be declared unconstitutional because you are providing for a special provision for one particular religious tradition. Mr. Harelick is asking to have the Menorah join the other holiday theme that is exhibited in North Andover. William Duffy stated the neighbors around the Common have complained and do not want lots of lights around the Common. The lights are lit for the Fourth of July, Sheep Shearing and other events on the Common. Mr. Harelick stated there would be one night to light the candle with probably only 10-15 people in attendance. Mr. Harelick stated he does not need an answer tonight but wanted to open discussion and would volunteer his time to work with a committee. William Duffy made a MOTION, seconded by Donald Stewart,to nominate Rosemary Smedile and the Town Manager to work with Benjamin Harelick, a member of the Festival Committee, and Mrs. Conte from the Woman's Club; vote approved 4— 0. Request from Town of Canton for Participation in Determination of Applicability of Anti-Mandate Provision of Prop 2V2. The Town of Canton is seeking support from other municipalities in Massachusetts in their quest for a determination from the state auditor that the recently implemented teacher's early retirement law was an unfunded mandate. They are of the opinion,that cities and towns incurred significant costs, mainly in the form of health insurance cost for the retirees that would not have been present if the law had not been adopted. Board of Selectmen Minutes September 10,2001 Page 4 William Duffy made a MOTION, seconded by Donald Stewart,to approve the request from the Town of Canton for participation in determination of applicability of anti-mandate provision of Prop 2 ''/2; vote approved 4— 0. Request from City of Haverhill to Consider a Joint Effort to Address Traffic Problems on Rte 495. The City of Haverhill is requesting that area towns and cities join with them to begin preliminary discussions on ways to address the ever increasing traffic on Rte 495 in the Merrimack Valley. William Duffy made a MOTION, seconded by James Xenakis,to approve the request from City of Haverhill in their joint effort to address traffic problems on Rte 495; vote approved 3-1. (Donald Stewart opposed). Letter from Governor Jane Swift regarding Education Funding. The Governor recently sent a letter to the Town requesting our support of her education financing plan. The Board may want to take this letter as an opportunity to thank the Governor for her efforts to increase funding for North Andover schools, but to explain to her that even her formula is inadequate for the needs of North Andover. North Andover would receive approximately $91,000 more than anticipated. James Xenakis made a MOTION, seconded by William Duffy,to send letters to our legislators and representatives thanking them for the increased funding. Rosemary Smedile amended the original MOTION, seconded by William Duffy,to add that while we send letters to our legislators and representatives thanking them for the increased funding,to endorse the letter as a step in the right direction and point out why the town needs more; vote approved 4— 0. Town Manager Mark Rees stated this would also be an opportunity to have them set the final budget so the Town can start planning for the Fall Town Meeting. Establishment of a Community Visioning Process for the Community Development Plan. A couple of months ago representatives from the State DEP appeared before the Board and presented a build out scenarios for North Andover and offered state assistance in the form of a$30,000 grant to develop a community development plan. The Board may want to reactivate the Town's Master Planning Committee to conduct this exercise. William Duffy made a MOTION, seconded by Donald Stewart, for the Board to reactivate the Town's Master Planning Committee to conduct this exercise and move forward with the $30,000 grant; vote approved 4— 0. Town Manager Evaluation Process. Pursuant to the Town Charter,the Town Manager is to be evaluated annually by the Board of Selectmen. The Town manager's first anniversary with the Town was September 5, 2001. Soon after the Town Manager was appointed,the Board met and agreed upon certain objectives that the Town Manager would work towards achieving during his first year on the job. The Board may want to consider establishing a subcommittee to meld these documents into one comprehensive evaluation tool. James Xenakis made a MOTION, seconded by William Duffy,to appoint William Duffy and Rosemary Smedile to a sub-committee to put the process together for the evaluation consisting of the preexisting criteria, goals and objectives and items that have come up over the past year. The committee can report back to the Boards designee, who will discuss the feedback with the manager; vote approved 4-0. TOWN MANAGER'S REPORT: Howard Tabor Associates Wage Classification Study. Town Manager Mark Rees awarded the ware classification study to Howard Tabor and Associates for $13,300. GLSD &Board of Health Meeting. A meeting between the GLSD, Board of Health, Richard Hogan, DEP, involved citizen's and Town Manager has been set up at the end of the month to discuss odor related problems with the sewage plant. William Duffy Board of Selectmen Minutes September 10,2001 Page 5 stated there is a Consent Order from the Court, a legal commitment, dated in 1989 to deal with that problem and they have yet to take the kinds of steps to deal with it. The GLSD have started Phase I but has not brought the relief they committed to. Osgood Hill Telecommunications Lease. Town Counsel and the Town Manager have been working on the lease documents related to the Osgood Hill Telecommunications tower and hope to bring a recommended lease document before the Board in the near future. Next scheduled Board of Selectmen Meeting. The next Board of Selectmen meeting is scheduled for Monday October 1, 2001. Positive editorial regarding_ Police Department. A very positive editorial regarding the Police Department in the North Andover Citizen. Sharpners Pond Soccer Field. The Town Manager received many compliments regarding the Sharpners Pond Fields. ADJOURNMENT: William Duffy made a MOTION, seconded by James Xenakis,to adjourn the meeting at 9:35 PM;vote approved 4— 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board