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HomeMy WebLinkAbout2004-07-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 12, 2004 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:00 PM at the Stevens Memorial Library. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Wendy Wakeman; James Xenakis; Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to move into Executive Session to discuss. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes; James Xenakis yes; Mark Caggiano yes; Wendy Wakeman yes, and Rosemary Smedile yes. Vote approved 5-0. APPROVAL OF MINUTES: Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the minutes of June 7, 2004, Executive Session as written and Open Session as written; June 14, 2004, Executive Session as written and Open Session as written; June 14, 2004, Special Meeting as written. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Chairman Rosemary Smedile said that she has read minutes of Executive Session going back to 1996 and will be meeting with the Town Manager to review and release the minutes to the public. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to proclaim July 17—24th Lead Poisoning Prevention Week. Vote approved 5-0. Rosemary Smedile thanked former chairman Wendy Wakeman for serving in one of the most difficult years and presented her with an engraved gavel. CONSENT ITEMS: The Stevens Memorial Library is please to announce that they have been awarded a Nathaniel and Elizabeth P. Stevens Foundation grant for$15,600 to fully cover the Administrative Assistant's wages for fiscal year 2005. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to accept the grant from the Stevens Foundation for$15,600 to the Stevens Library to fully cover the Administrative Assistant's wages for fiscal year 2005. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to approve the request by the Lions Club to hold their annual circus on the grounds of the Middle School evenings on August 17 & 18, 2004, with shows nightly at 5:00 and 7:30 PM. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to approve the request by Elder Services of the Merrimack Valley to use town roads for their annual Walk/Run on September 19, 2004. LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move into licensing. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the following one-day license. Vote approved 5-0. Board of Selectmen Minutes July 12, 2004 2 Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses 1. Frazier/Erie Cocktail Party, Saturday, July 17, 2004, 6:00 PM-11:00 PM, Full Bar License. 2. Susan Krueger Rehearsal Dinner, Friday, July 23, 2004, 6:30 PM-10:30 PM, Full Bar License. 3. TTPCom, Inc. Barbeque, Saturday, July 24, 2004, 12:00 PM-4:00 PM, Beer&Wine License. 4. Percy/Mansfield Reception, Saturday, July 31, 2004, 5:30 PM-10:30 PM, Beer&Wine License. Anne Eisenberg, applicant for a private limousine license has requested a continuation until the next scheduled Board of Selectmen meeting. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the requested continuation until the next scheduled Board of Selectmen meeting. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. PUBLIC HEARINGS: Water and Sewer Rates Continued The Town Manager provided additional information as requested by the board at their last meeting. Given the necessity of applying the new rates to FY05 bills, this would be the last scheduled meeting the Board can make its rates decision and not impact the FY05 billing cycle. Wendy Wakeman made a MOTION, seconded by James Xenakis, to set the uniform rate to a single tier system for FY05 Option 1 that is Water Rate of 3.62 and Sewer Rate of 5.30, with a base charge 5/8 meter from 7.42 to 7.82. Vote failed 2 to 3. Mark Caggiano, Donald Stewart and Rosemary Smedile opposed. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to set rate to two tier system recommended by the Town Manager for FY05 to Option 2A with retained earnings at 10% at Water Rate of 4.61 and Sewer Rate of 6.84. Vote failed 1 to 4. James Xenakis, Donald Stewart, Wendy Wakeman and Rosemary Smedile opposed. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to set rate to a two tier system with no reserves for FY05 Option 1A balanced % change for Water Rate 0-20 ccf/qu of 2.80, over 20 ccf/qu irrigation 4.43; Sewer Rate 0-20 ccf/qu of 4.56, over 20 ccf/qu irrigation 6.56 for a six month period. The Board would review these figures in six months. Vote approved 4-1. James Xenakis opposed. OLD BUSINESS: Ice Rink Request for Proposals The Town Manager presented the final draft RFP for the proposed ice rink facility on Sharpener's Pond Road. Subject to the boards' approval, the Town Manager would engage the services of John Peterson of the appraisal firm of Peterson/LaChance Realty Advisors to provide a minimum purchase price. Once the price is determined the completed RFP will be brought back to the Board for final approval. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to authorize the Town Manager to engage the services of an appraiser to determine a purchase price. Vote approved 5-0. Old Center Improvements The Town Manager provided informational updates on the Old Center Improvements. This project consists of three components; 1) Traffic Improvements; 2) Undergrounding of Utilities; and 3) Improvements to the Commons. 1) Traffic Improvements: The Town's consulting engineer recently submitted 75% plans to Mass Highway for review. Pending a quick turn around from Mass Highway and the receipt of a few Right of Entry and Easements, anticipating meeting the necessary deadline to allow us to maintain federal/state funding in FY05 for this project. Board of Selectmen Minutes July 12, 2004 3 2) Undergrounding Utilities: All bid documents have been prepared and are ready to be distributed. However, there is currently a dispute between the utilities and the town regarding the form of a license agreement that would allow them to do work on town property pending necessary legislative approval. Timely resolution of this matter is critical so that the underground work, which must be done before the Traffic Improvements, isn't delayed to the point where it jeopardizes the funding for the traffic improvements. Also there has been some discussion regarding the proposed street light plan for the project area that has been approved (except for the design of the actual light fixtures) by the Historical District Commission and is being recommended by the Police Department. 3) Improvements to the Common: Comments have been received from interested parties regarding the proposed improvements. The Town Manager recommended that Public Hearings be scheduled to decide the final scope of the improvement projects. Several residents Charles Salisbury, 301 Johnson Street; George Schruender, 91 Quail Run; Mary Ellen Osgood, 38 Osgood Street; Bob and Dana, Fox 44 Old Village Lane; Ben Osgood, Old Village Lane; voiced their concerns over proposed plans to the Town Common and stressed the need for more public hearings and input. Many residents enjoy the Common the way it is and object to it being changed. These proposed changes included chopping down rhododendrons, removing trees, landscaping, too much lighting, and moving the stage for the summer concerts. William McEvoy said that The Old Town Common Committee is made up of 11 members from various committees in town: Historical Committee, the Historical Society, and the Historical District Commission had quite a few meetings on the landscape design, only three or four people showed up. All suggestions were accepted and discussed by the committee before implemented into the proposed plans. George Schruender, Chair of the Historical Committee said that Massachusetts Electric told the committee how many lights were needed based on the height of the lights. Assistant Town Manager Ray Santilli said that resolving issues involving the lights is a top priority because underground wiring for the lights is tied to another town project in the area, which is the proposed roundabout at the corner of Massachusetts Avenue and Andover Street. So any lighting issues on the common must be cleared up before the roundabout project goes to bid, which can happen as early as September. Wendy Wakeman asked the Town Manager to have Town Engineer Jack Sullivan review the drainage plan and request that Town Counsel, Thomas Urbelis examine the contract. The Board agreed to have a separate public hearing for the Town Common Lighting as soon as possible. Acceptance of Deed, Kettenbach (Half Mile Summit) Property Thomas Urbelis Town Counsel prepared documents and requested that the Board formerly sign the acceptance of the Deed for the Kettenbach property; sign the Conservation restriction for the Community Preservation Act; and execute an Order of Taken to clear up any potential problems. The Board signed the requested documents. NEW BUSINESS: Police Station — Preliminary Review Previously the Board was presented with options regarding the timing of the debt exclusion. The deadline for placing the debt exclusion question on the November 2, 2004 general election ballot is August 4, 2004. The Town Manager said that a two-thirds vote of the entire Board is needed to place an exclusion question on the ballot. This is a preliminary discussion and the board will have to vote on this at their next meeting because of state mandated deadlines. Board of Selectmen Minutes July 12, 2004 4 Selectman Xenakis asked questions regarding the estimated cost of the building, what would be done with the current building and land, what impact this would have on the Police Operating Budget and if it would be possible to put part on this project on the CIP to reduce the burden of the taxpayer. The office of Allen M. Lieb Architects P.C., Ltd. prepared a need analysis and recommendations for the programmatic space needs and schematic design of a modern law enforcement facility. Mr. Allen Lieb gave an overview of the facility needs program. Design floor plans and site plans should be done by the end of July. Site survey is in the process; traffic study and analysis of soils have been started. A construction cost should be completed within a couple of weeks, this consists of two estimates; the construction cost and the other is project budget, which includes furniture, equipment, moving expenses, and administrative costs. Mr. Lieb answered questions from the board and the audience. Mr. Ted Tripp of Boston Street suggested alternative ways on how the town could pay for the new building and urged the Board not to vote for an override. The Board agreed that a new Police Station is needed and would discuss this further at their next meeting with more information provided by the Town Manager and the Finance Director. Proposed Rerouting of Regional Jet/Turboprop Aircraft The Town recently received notice from the FAA that they were preparing an environmental impact assessment for a possible rerouting of regional jet/turboprop planes coming from and leaving Logan Airport. The Town Manager requested that Dennis Card, who serves, as the Town's representative to the Noise Abatement Committee, to review the impact on North Andover of this proposed rerouting. Mr. Card estimates this rerouting could bring an estimated additional 29 planes over North Andover per day. Mr. Card prepared a draft letter for the Board's approval expressing the town's opposition to the rerouting. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to authorize the Town Manager to send the letter to the FAA expressing town's opposition to the rerouting. Vote approved 5-0. Traffic Sign Authorizations Sgt. Fred Soucy of the Police Department recommended the following sign and street markings: 1. Modify a No Parking sign in the area of 69 Water Street to restrict parking for a distance of ten feet from the driveway at 69 Water Street. According to the homeowner, vehicles park in such a way as to severely inhibit the vision of a driver exiting the driveway. There was discussion about the many businesses on that street and the lack of sufficient parking spaces and the need for as many parking spaces as possible. To take away more parking would not be fair to the businesses. James Xenakis made a MOTION, seconded by Mark Caggiano, to post a NO Parking sign at 69 Water Street from here to driveway. Vote failed 2-2-1. Wendy Wakeman and Rosemary Smedile opposed. Donald Stewart abstained. 2. Place a STOP sign on Gray Street at the intersection of Boston Street; the increase of vehicular traffic warrants the placement of this stop sign. Donald Stewart made a MOTION, seconded by Wendy Wakeman, to place a STOP Sign on Gray Street at the intersection of Boston Street. Vote approved 5-0. 3. North Andover Country Club has requested the placement of stand-alone pedestrian signs and signs stating that golf carts are crossing the roadway. Crosswalks have been marked on the roadway for some time. The Country Club requests the Town recognize the crosswalks so the signs can be placed. This would increase the visibility of the crosswalks and of the pedestrians using them. Board of Selectmen Minutes July 12, 2004 5 Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request from North Andover Country Club for placement of stand alone pedestrian cross signs and signs stating that golf cars are crossing the roadway. Vote approved 5-0. TOWN MANAGER'S REPORT: The Town has received notice of a possible 40B housing project consisting of 95 condominium homes (24 would be affordable) on 14.7 acres of land on Turnpike Street in the vicinity Berry Street, Sutton Hill nursing home and the North Andover Riding Academy. This is the land Mr. P.L. Hingorani previously indicated he wanted to place an office building. Per the Board's past practice, I will be requesting the Director of Community Development and Services to prepare draft comments regarding this project to be approved by the Board at your next meeting on August 2, 2004. 1 have a complete copy of the project eligibility application to Mass Housing should any one want to look at it. State Senator Steven A. Baddour has notified the town that in the up coming Transportation Bond Bill he will be including various transportation projects. State Representatives David Torrisi and Barbara L'Italian had previously included most of these projects in the house version of the bill. MIIA, the Town's property and liability insurance carrier, recently informed us that we would be receiving a credit of$3,473 for our participation in their risk reduction program. On Monday, July 12, 2004, Communications Officer Vionette Segarra will receive the prestigious Jeff Grossman Telecommunicator of the Year Award. This award is given annually to employee in the emergency dispatch field who best exemplifies professional dedication to emergency communications. We have recently received notices of resignation from the following individuals: William Sullivan from the Zoning Board of Appeals effective Sept 1, 2004 Richard DeVincentis from the Police Station Building Committee effective June 17, 2004 Steve Bullis from the Merrimack Valley Planning Commission. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to adjourn the meeting at 10:00 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Wendy D. Wakeman, Clerk of the Board