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HomeMy WebLinkAbout2002-01-07 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES January 7, 2002 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; Susan Haltmaier; Donald Stewart;William Duffy; Mark Rees, Town Manager; and Raymond Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into Executive Session to discuss Collective Bargaining and pending litigation with Maritimes Pipeline; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: William Duffy yes; Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes; Rosemary Smedile yes. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Acceptance of donation: Schneider Automation, Inc. to Police Department James Xenakis made a MOTION, seconded by Susan Haltmaier,to accept a$500 donation from Schneider Automation for the Police Department and a$1,000 donation for the Fire Department; vote approved 5-0. Rosemary Smedile asked to send letters of thanks on behalf of the Town to Schneider Automation. Acceptance of donation: Wheelabrator North Andover, Inc. to the Fire Department Scott Emerson of Wheelabrator presented a$10,000 donation to the Fire Department to be used towards the replacement of the safety house. James Xenakis made a MOTION, seconded by Donald Stewart,to accept the $10,000 donation from Wheelabrator towards the replacement of the safety house for the Fire Department; vote approved 5-0. Management study of the Department of Public Works William Duffy requested that the management study of the Department of Public Works be placed on the agenda for the next Board of Selectmen meeting. Town Manager Mark Rees stated he would have a scope of services for the Board to review at the next meeting. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Donald Stewart,to move into Licensing; vote approved 5 — 0. Attorney Michael Torrisi appeared on behalf of Orzo's Cafe Trattoria requesting an entertainment license. Mr. Torrisi stated this is not a change of use for the restaurant but permission to have entertainment on the premises. Orzo's would like to be able to have music, like a DJ (disc jockey), from 9:30 p.m. to closing and for the right to have dancing. Attorney Torrisi stated it is his understanding that restaurants having a television, radio or music should have an entertainment license. James Xenakis made a MOTION, seconded by William Duffy,to approve the entertainment license for Aglio Inc., d/b/a Orzo's Cafe Trattoria given the approvals that were received from the Police and Fire Departments and the Building Commissioner; vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile,to have the Town Manager work with the Town Clerk and clarify for the Board and the licensing commission entertainment licenses and how that applies to establishments with karaoke and televisions in bars etc.; vote approved 5-0. James Xenakis made a MOTION, seconded by Susan Haltmaier,to move out of Licensing; vote approved 5-0. Board of Selectmen Minutes January 7,2002 Page 2 CONSENT ITEMS: Festival Committee to hold Sheep Shearing Festival on Sunday May 19, 2002 from 10:00 AM—5:00 PM Donald Stewart made a MOTION, seconded by William Duffy,to approve the request from the Festival Committee to use the North Andover Common on Sunday May 19, 2002, from 10:00 a.m.-5:00 p.m. for the 23rd annual Arts &Crafts Fair and the 30'h Annual North Andover Sheep Shearing Festival; vote approved 5-0. NEW BUSINESS: Susan Haltmaier made a MOTION, seconded by James Xenakis to take Item VIII New Business A. Request from Trails Committee and Bicycle Advocacy Committee out of order to accommodate the large number of people in the audience, than return to Old Business; vote approved 5-0. Requests from Trails Committee and Bicycle Advocacy Committee to petition Mass Electric for use of land and acceptance of a Bike Route. Petition Mass. Electric Company for use of land for a trail Robert Naftal, Chairperson of the North Andover Bike Advocacy Committee appeared before the Board of Selectmen to ask the Town of North Andover to request permission from Massachusetts Electric to use the land they own between Weir Hill and Stevens Pond as a Town Recreation Trail. There is a half-mile section of recreation trail that has been in use for at least 40 years that runs between the town land surrounding Stevens Pond and the Trustees of the Reservations property at Weir Hill. This land is owned by Mass Electric (now owned by Parent Company National Grid) and has been in use informally for all of these years as a trail. Mass Electric has utility poles with power lines running adjacent to this trail, and they use it for service access. It runs from Stevens Street, across from Harkaway Road,to Pleasant Street, Southwest of Steven Pond. The reason for asking for official permission is to allow placing signs on the trial, modifying the entrances to allow pedestrian and bicycle access while restricting motorized vehicles (except for authorized Mass Electric or Town Emergency Vehicles) and to allow the Town to work with the Trails Committee on maintaining the trail. William Duffy made a MOTION, seconded by James Xenakis,to write a letter to Massachusetts Electric requesting permission for the Town to use this '/2 mile of land between Weir Hill and Stevens Pond as a recreation trail;vote approved 5-0. Acceptance of Bike Route Plan Sgt. Fred Soucy of the North Andover Police Department working with Bob Naftal of the Bicycle Advocacy Committee have identified possible roadways that can be shared roadway bike routes. The routes identified attempt to connect the downtown to the Old Center area and bring the bike routes through and to various recreation areas in North Andover. Main Street and Salem Street would become the base roadways for the bike routes. Designated bicycle routes would be looped off these roadways and converge on the Old Center. Loop 1 would break off Main St. at Rt 125 and go down Park St.to Pleasant St.to Great Pond Rd. to Marbleridge Rd. to Salem St. At this intersection the loop can lead back to the Old Center or continue to the other loops. Loop 2 would begin in the Old Center and use Salem St to Appleton St/Dale St to Abbott St to Rea St crossing Johnson St continuing on Rea St to Chestnut St back into town to Milk St and back in to the Old Center. These routes are main roadways in town that already serve motorists, pedestrians and bicyclists. There are currently no warning or informational signs for any of these users on the roadways. These bike routes would be on"SHARED ROADWAYS"which are roadways designated and marked as "BIKE ROUTES"but recognized as roadways that are open to motor vehicle travel and upon which NO bicycle lane is designated. The section of Sharpners Pond Rd from RT 114 to Salem Street could possibly be designated and marked as a Designated Bicycle Lane. This road is wide and well constructed. William Duffy asked why the Board would want to invite people to ride bicycles on dangerous roads and is a significant commitment. Bob Naftal stated the roads are narrow and is not asking the town to endorse the roads as bicycle routes but is asking the town to place signs that say SHARE THE ROAD and show a picture of a bicycle so motorist will be warned and realize that others are using the roads. William Duffy stated that was a different proposal for safety signs than declaring bicycle routes. Board of Selectmen Minutes January 7,2002 Page 3 Sam Ameen stated people are asking for proper signage that will increase and enhance safety and make the motorist aware that the roadways are shared. James Xenakis made a MOTION, seconded by Susan Haltmaier,to approve and adopt the recommendations of Sgt Fred Soucy to place signs "SHARE THE ROAD"along the roadways with the maps that were provided. James Xenakis amended his MOTION, seconded by Susan Haltmaier,to place the SHARE THE ROAD signs up on the main routes that have been identified and not place Bike Route signs; vote approved 5-0. Discussion with Tom Zahoruiko Re: Development of land adiacent to North Andover in the Town of Boxford North Andover developer and resident Thomas Zahoruiko presented a plan for the development of a 110-acre parcel known formerly as the Renshaw/CM Realty Trust on Bradford Street. This property lies within the watershed of Lake Cochichewick. In 1998 the Town of Boxford supported North Andover's efforts to purchase this property for conservation purposes including support for partial self-help grant funding. Mr. Zahoruiko's proposal is to develop the north end of the property, which abuts Barker farmland, under the provisions of the North Andover cluster-zoning bylaw. He would then restrict the remaining 85 acres as protected open space. Mr. Zahoruiko is proposing an approximate 20 +lot subdivision, of which the houses would be located in the town of Boxford. The access of these lots is via the town of North Andover. As part of his proposal, Mr. Zahoruiko will be developing soccer fields, parks and playgrounds, which will be located in the town of Boxford. The difficulty with this proposal is that the majority of the north end of the property is located within the municipal jurisdiction of the Town of Boxford, and therefore not subject to North Andover Zoning regulations. Boxford does not have a cluster-zoning bylaw. Mr. Zahoruiko's proposal is to ask both towns to petition the legislature to re-draw the municipal boundary in such a manner as to allow the entire developable north end of the property to sit within the municipal boundary of North Andover and exchange comparable acreage to sit within the municipal boundary of Boxford. This land is on the watershed and if built in North Andover the homes will be on sewers. If the land remains as Boxford the homes will be built with septic systems. Richard Boettcher of 80 Bradford Street asked how many parking spaces would be at the soccer fields. The response was approximately 55 parking spaces. Mr. Boettcher stated he has concerns with parking concerns and major traffic issues. Mr. Zahoruiko stated he agrees with Mr. Boettcher and his personal opinion is that Bradford Street should not be widened but be made a one-way street for safety. Regardless of the sponsor whether it be the Board of Selectmen or a private petition,this land swap would have to be approved by the people at Town Meeting,the Town of Boxford for the land swap, and petition the legislature for the boundary change. James Xenakis made a MOTION, seconded by Susan Haltmaier,to hold a public hearing bringing the Planning Board, Conservation Commission, and the Finance Committee together with a couple of the selectmen, and find out the proper procedure of either Town Meeting, going to the State for legislation or the Boards voting; vote approved 5-0. OLD BUSINESS: Capital Budgeting Policies In reviewing the Town's financial policies, Director of Finance Chuck Benevento discovered that certain definitions in the portion of the financial policies concerning debt needed clarification and updating. Mr. Benevento drafted a document on capital policies that explains the definitions and their impact on existing policies. The Finance Committee met on January 3, 2002 and unanimously voted to recommend to the Board of Selectmen that the Board adopt these revisions to the Town's financial policies. The proposed changes would create a policy target that more accurately reflects the current budget situation by increasing the overall allocation and including the debt service payment. This would contain the total cost of the CIP program not allowing it to consume too much of available resources. William Duffy stated until there is a standard that is understandable with exceptions and conditions there will not be an effective standard at all. Mr. Duffy stated he relies on the reports of the bonding agency's that make a clear presentation in terms of how great the debt service is as a percentage of revenues. Mr. Duffy applauds the Finance Director and Town Manager for their efforts but does not find the definitions useful. Mr. Duffy offered a modest suggestion to try Board of Selectmen Minutes January 7,2002 Page 4 and come up with a standard that works, when financial reports are issued, include where the Town is,the standard, which is approximately 17%of revenues. Susan Haltmaier made a MOTION, seconded by James Xenakis,to adopt the policy changes; vote approved 5-0. GLSD Representation At a previous meeting, it was requested that this item be placed on the agenda for the first meeting in January. William Duffy proposed for the Board of Selectmen to have some discussion about the three regional facilities the town is part of GLSD,the Airport and Wheelabrator and to look at the type of representation that is there and to try to come up with strategy for impressing on the legislature that the host community has real problems with the time, energy and expense to the citizens of North Andover. Donald Stewart made a MOTION, seconded by James Xenakis,to appoint Susan Haltmaier and Rosemary Smedile as committee representatives to pursue host community representation as an issue with the regional facilities; vote approved 5-0. Meetinghouse Commons at Smolak Farms Walter Soule, Acting Chairman of the Zoning Board of Appeals, is asking for communications from the Board of Selectmen with any concerns or comments regarding the comprehensive permit at Smolak Farms. Ambulance Rates for 2002 Fire Chief William Dolan requests the Board vote to increase ambulance rates that would insure the Town receive the maximum reimbursement from the insurance companies and Medicare. The rates are: Current Rates Recommended New Fees Base Rate (BLS Emergency) 275.15 287.14 Mileage (loaded) 10.52 10.85 Oxygen 43.28 44.66 Defibrillation 92.73 94.53 MAST trouser 61.83 63.79 William Duffy made a MOTION, seconded by James Xenakis,to approve the fees recommended by Fire Chief William Dolan; vote approved 5-0. Borrowing for New High School The Board of Selectmen is being asked to consider various options regarding the structure of the debt associated with the construction of the new High School. The Finance Committee, at their January 3, 2002 meeting, voted to recommend the Board of Selectmen approve a debt structure that provides for an accelerated retirement of the debt. That accelerated retirement of debt is best achieved under Option A. Option A is to Bond$15 million in fiscal year 2003 with accelerated payments. Fund continuing construction with BAN(s) and bond the remaining $43 million when state reimbursements commence. This option increases cost to taxpayers in first years of project and lowers cost to taxpayer in latter years thus freeing up bonding capacity for future construction projects. Finance Director Chuck Benevento believes option A will give the Town the lowest interest cost and the most flexibility to fund future capital projects. William Duffy made a MOTION, seconded by Susan Haltmaier,to authorize the Finance Director to proceed with Option A: Bond$15 million in fiscal year 2003 with accelerated payments. Fund continuing construction with BAN(s) and bond the remaining $43 million when state reimbursements commence; vote approved 5-0. Financial Reports Town Accountant Lyric Savage reviewed the annual year-end reports for FY01 and the November 2001 monthly financial report for FY02. The Town Accountant has reviewed expenses with departments that were higher than budgeted and was satisfied with the responses. All other expenses appear to be in line with the target percentages. Water and Sewer revenues are still running slightly lower than expected. All billing problems appear to have been worked out. November and December billings were on time. Sewer expense is running slightly high. Board of Selectmen Minutes January 7,2002 Page 5 The Board of Selectmen would like the Town Accountant to report quarterly to Board meetings with financial reports. Discussion with Tom Zahoruiko re: Sewer Infrastructure for Meeting House Commons Tom Zahoruiko of Meetinghouse Commons discussed plans for a coordinated planning of sewer service for the Phase 3D municipal sewer project and the Meetinghouse Commons residential development with the Department of Public Works and the Zoning Board of Appeals. The timing of the proposed Meetinghouse Commons project offers an opportunity to more ideally locate the sewer pump which was required for the Town's planned extension, and also accommodate the capacity needed to service the new project, with one sewer pump rather than two independent installations. This possibility could result in better long-range sewer plans and installations, as well as significant economies of scale for both the Town of North Andover and Meetinghouse Commons LLC,the developer of the proposed project. Mr. Zahoruiko is proposing to design and construct a sewer pump station, in a location on the Smolak property, which will accommodate the needs of both planned projects. The cost of the facility will be absorbed by Meetinghouse Commons, contingent upon an agreement to waive municipal sewer tie-in charges in an amount(to be determined)that would assure a substantial savings to the Town for not having to install their own proposed pump station, but which would also allow the developer to participate in some of the economies of scale being created. The intent of this proposal is to allow both parties to share in some of the benefits of timely, coordinated planning and construction efforts. The cost savings to the Town could exceed$100,000. James Xenakis made a MOTION, seconded by William Duffy,to have the Board of Selectmen instruct Town Counsel to review existing policy and report back the feasibility and avenue in which the Town can accommodate the sewer infrastructure offer; vote approved 5-0. Request to grant exemption under MGL c268A, s.20 Town Manager Mark Rees asked the Board to take no action on this item and defer it until the next meeting. Memorandum of Understanding with AT&T Broadband; Re: Broadcasting of School Committee Meetings AT&T has recently begun televising School Committee meetings. The Board of Selectmen is requested to approve an MOU that is also being recommended by the Cable Advisory Committee. Money from the school intern fund will pay for the televising of the meetings. William Duffy, seconded by Donald Stewart,to approve the Memorandum of Understanding (MOU)with AT&T Broadband; vote approved 5-0. Acceptance of Chapter 203 09 of the Acts of 2001: extension of time for mailing tax bills In order for the Town to avail itself to the option of mailing tax bills after January 1, 2002 but before January 31, 2002, the Board of Selectmen needs to formally adopt the enabling legislation. The delay in the State setting its budget and the subsequent late town meeting requires that the Town take advantage of this additional time to mail tax bills which we anticipate doing early next week. Susan Haltmaier made a MOTION, seconded by James Xenakis, for acceptance of Chapter 203 s.19 of the Acts of 2001 for the extension of time for mailing tax bills; vote approved 5-0. Authorization to sign Chapter 90 agreements It has been past practice of the Town to have the Town Manager sign Chapter 90 agreements. Mass Highway has requested that the Board of Selectmen formally vote to authorize the Town Manager to sign these agreements. William Duffy made a MOTION, seconded by James Xenakis,to authorize the Town Manager to sign Chapter 90 agreements for the Town of North Andover; vote approved 5-0. Economic Tax Incentive Area. Donald Stewart made a MOTION, seconded by William Duffy,to authorize the Town Manager to sign a letter to Lucent Technologies informing them the Town is now in the status of being able to include them in the economic tax incentive area;vote approved 5-0. Board of Selectmen Minutes January 7,2002 Page 6 Town Manager's Report Community Policing g Funds. Police Chief Richard Stanley has been notified that his department will be eligible for $123,250 in community policing funds from the state, an increase of approximately$30,000 over last year's allotment. Campbell Road Sewer Pumping Station. The Board had previously received concerns from residents about the lack of natural screening around the Campbell Road Sewer Pumping Station. Agreement has been reached with the Mesiti Development Corp to plant 10, five-foot height arborvitae plants around the perimeter of the station. ADJOURNMENT: William Duffy made a MOTION, seconded by Donald Stewart,to adjourn the meeting at 10:30 PM;vote approved 5— 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board