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HomeMy WebLinkAbout2001-07-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES July 30, 2001 CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Rosemary Smedile; Donald B. Stewart;William Duffy; Mark Rees, Town Manager. EXECUTIVE SESSION: William Duffy made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss pending litigation with Beede Waste Oil Superfund, Maritimes Pipeline and DEP Air quality permit for GLSD, along with negotiations with union and non-union personnel and land acquisition; vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. 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 William Duffy,to approve the executive session and open session minutes for April 9, 2001 and the executive session and open session minutes of April 23, 2001; vote approved 4— 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Maritimes Pipeline. There was a vote taken in executive session regarding Maritimes Pipeline and will be available for release as soon as possible. Town Manager Appointments to Boards and Commissions. Pursuant to the Town Charter, Mark Rees appointed the following to various boards and commissions subject to the approval of the Board of Selectmen: Commission or Board Last Name First Name Term Local Building Inspector McGuire Michael 1 Year Electrical Inspector DeCola James 1 Year Plumbing &Gas Inspector Diozzi James 1 Year Town Manager Reappointment Planning Board. Town Manager Mark Rees stated when he made appointments at the previous meeting he was unclear with the Charter concerning appointments to certain boards which the Planning Board is one of them. Under Section 4.4-1 once the Town Manager makes an appointment the Board of Selectmen must vote affirmatively for that appointment. Town Manager Mark Rees would like to reappoint Alison Lescarbeau as his recommendation to the Planning Board for a 3-year term. Mark Rees stated this was previously considered an appointment that could be rejected within 14 days and after clarification with Town Counsel that was not the point;the original intent was to schedule a vote by the Board to veto the Town Manager's appointment. Attorney Thomas Urbelils was present to update the Board on the Redgate decision that had been in litigation. Some of the issues relating to the denial were slope and drainage issues, which have been problematic in another similar subdivision in the town. There was an agreed upon order of remand after some engineering work had been evaluated for remand back to the board to see if the Planning Board would vote to approve a revised plan. There was a 3-2 vote not to approve the plans; Alison Lescarbeau, Mr. Ingliss and John Simons voted to disapprove. Mr.Nardella and Mr. Rowen voted to approve. John Simons of the Planning Board addressed the Board and told them the property was on a steep hill with significant drainage issues. The property abuts the Foxwood subdivision, which has had problems. When the subdivision was originally proposed and was denied by the Planning Board,the Planning Board kept Board of Selectmen Minutes July 30, 2001 Page 2 the hearing opened for a long period of time for 6-8 months and finally denied it because of the quality of engineering and thought there would be a runoff problem. Subsequent to that it did go into litigation and the developer did some additional work. All five member of the planning board had some reservations and two of the members believed that the developer did meet the standard while three members did not. William Duffy stated there have been serious concerns as there are rules that have to be followed on the Planning Board and some of the Board of Selectmen are not confident that the rules are being followed when it becomes unpopular to do so. The outside engineer recommended acceptance,the Department of Public Works recommended acceptance, but the Planning Board said no. Mr. Duffy also stated the issue of Redgate has been before the planning board since 1986, people who own property have the right to develop property. James Xenakis stated the main focus of this conversation is the merits of whether Alison Lescarbeau should be reappointed to the planning board. Regardless of what happened with one case,this is one of the many decisions that a planning board member undertakes over a three-year term. If Mr. Duffy is making the case for turnover on boards by nature as the Planning Board, Conservation Commission and Zoning Board of Appeals then perhaps there should be active turnover and somewhat limited reappointment to a couple of terms. Numerous consecutive terms on one board can sometimes be a detriment to the progress. James Xenakis does not think it is the responsibility of the Board of Selectmen to get in the way of a sovereign board of this town. The planning board like any other board has to act how they feel is in the best interest based on their opinions and expertise in the area. If not,they can't be effective. Given the Town Manager supports the reappointment James Xenakis will support Alison Lescarbeau's reappointment. William Duffy responded to say a year ago the Board of Selectmen put the Planning Board on notice and was looking into changing the personnel and felt there was a need for turnover and actively considered turnover. Mr. Duffy's strong opinion is that we need turnover and we should start this year with effectuating some turnover. James Xenakis asked why it is coming to light now and not several weeks ago. William Duffy stated because we were operating under the informal rule that the Board had two weeks to consider the appointments and the two weeks is up tonight. Also, Mr. Duffy did not want to have to bring this to a head but Mr. Duffy feels the planning board has not been following the rules and is not going to support this reappointment. Rosemary Smedile stated while she agrees with some of the things Mr. Duffy says she also agrees with what James Xenakis had to say. Rosemary Smedile stated with fairness to all she would like more information and does not think it is fair to reject Ms. Lescarbeau without further information. For that reason Ms. Smedile would support the Town Managers reappointment at this time. Ms Smedile also stated the Planning Board has to adhere to the letter of the law, it is unfair to our citizens. Chairman Rosemary Smedile passed the gavel to James Xenakis. Rosemary Smedile made a MOTION, seconded by James Xenakis after he passed the gavel back,to confirm the Town Manager's recommendation to reappoint Alison Lescarbeau to the Planning Board for a term of 3 years;vote did not carry 2-2. (William Duffy and Donald Stewart opposed). Mosquito Brook Watershed Floodin _g StudStud As a result of the flooding that occurred in the Mosquito Brook watershed this past spring,the Board directed that an engineering firm be hired to study the watershed area and make recommendations for measures the town could take to prevent flooding in the future. An RFP was developed and only one company, VHB, responded. The evaluation committee of William Hmurciak, Brian Lagrasse and James Rand determined that this engineering firm is rated"highly qualified". Their price submission was $20,500. Recommendations will be forthcoming. Audit of School Accounting Records Previously the Board engaged the services of Melanson Heath and Company, CPA's to perform certain auditing procedures relative to the North Andover Public Schools. The audit came back with very positive comments on the financial management of the school department and the quality of the internal controls. It Board of Selectmen Minutes July 30, 2001 Page 3 is the Town Manager's understanding that this review was to be the first of a two-step process to look at School Department operations. The Board may want to discuss what, if anything,the scope of phase II would consist of Keith Mitchell addressed the Board and updated them on this issue. Last year the initial discussion concerning the performance review of the school department that focused on two areas. The first phase that has been completed, congratulations should go to Paul Symanski of the School Department who does a great job. Keith Mitchell would like to remind the Board that there was never any allegation when Keith was on the Board about this Board or anyone in town that there was ever mishandling of funds or any allegation to that extent. This phase was at the recommendation of Melanson and Heath as a first step to the ultimate goal of what the Board wanted to do;to look at how North Andover compares to other communities as far as per pupil spending etc. The concern at the time was request for increase budgets, and the School Department would say more money equals a better student. The Superintendent has been asked at Town Meetings, what will additional money get you? There has never been a specific answer. Keith Mitchell stated he took the leadership role in that area while on the Board and realized we're not going to get that answer so lets see how we compare to other communities and perhaps that would bolster the School Departments argument that more money equates to a better student. The purpose of Phase II, you would have a third party objective review of comparable communities in certain areas such as student teacher ratio, drop out rates, per pupil spending, MCAS results and standardized test results. Bruce Baker of Main Street was very please with the findings of Phase I and welcomes Phase II. James Xenakis asked what the second phase would cost. Town Manager stated until the scope of work is defined, he does not have an actual cost. Phase I cost$5,000. James Xenakis made a MOTION, seconded by Donald Stewart,to accept the findings of Phase I of the Melanson and Heath audit and to ask that the audit sub committee work with the Town Manager and the Superintendent to discuss the parameters and make a recommendation to the full Board of Selectmen as to what the parameters and scope of the audit will be; vote approved 4-0. Keith Mitchell stated the auditors have done this before and just have to decide what communities to use as comparables. Rosemary Smedile stated the Financial Task force is interested in these findings and feel this information will be very helpful to them. Salary Adjustments for GLSD Commissioners Town Manager Mark Rees received a letter from Charles Thompson, GLSD Commission Chairman, stating the GLSD intends to seek approval from the state legislature for a modification of their enabling legislation which would allow them to set the Commissioner's salary currently limited by statute to $360 yearly. The Commission feels this salary may have been appropriate in 1968, and feels the salary should be increased to reflect price level changes and responsibilities in the year 2001. The GLSD is requesting written comments from member communities concerning their proposal. Town Manager Mark Rees stated he things the town should be adverse to any board setting their own salary. This should not be open-ended and there should be a reasonable limit set to this. William Duffy stated that if the commissioners want to discuss money,they should also discuss representation. North Andover's population has grown tremendously and should have more representation on this board. James Xenakis made a MOTION, seconded by William Duffy,to have the Town Manager draft a response to Charles Thompson Chairman of the GLSD Commission and Rep. Arthur Broadhurst and our local representatives, indicating the Board of Selectmen's opinion that the Board would like to see a maximum dollar amount, rather than be open ended and also any legislation put forth include a provision that the representation be addressed based on current population for Andover,North Andover, Methuen and Lawrence; vote approved 4— 0. Board of Selectmen Minutes July 30, 2001 Page 4 AT &T Local Network Services-Underground Telecommunications Attorney Joseph Gleason of North Andover appeared for AT &T Local Network Services, and request permission to place a cable in an existing vacant conduit line in North Andover. The lines are already in place so that no new lines or disturbance of areas will be necessary as this is going into an existing cable from the North Andover/Lawrence line along Massachusetts Avenue to Danvers Street. James Xenakis made a MOTION, seconded by William Duffy,to approve the installation of the cable in the existing conduit line; vote approved 4— 0. TOWN MANAGER'S REPORT: Lawrence Municipal Airport Enterprise Commission. There has been some disagreement concerning how the land associated with the Lawrence Municipal Airport Enterprise Commission should be marketed: either as land for lease or for sale. The Enterprise Commission is of the unanimous position that the land should be sold, however,to make the transaction more amenable to the Airport Commission, Mayor Dowling has agreed to provide in addition to other considerations for the airport currently on the table an additional $400,000 escrow fund. Chapter 40B application. An ongoing project in Town is the Chapter 40B application currently before the Zoning Board of Appeals. This application, if approved, would allow for the construction of 126 one or two bedroom condominiums units of which 25%would have to be reserved as "affordable housing"as defined by state regulations. During this process, various town departments and committees have submitted comments to the ZBA regarding this project. James Xenakis made a MOTION, seconded by Donald Stewart,to schedule a public hearing in September to hear Lou Minicucci, manager and developer for a public hearing. James Xenakis amended his MOTION, seconded by Donald Stewart,to hold a public hearing on August 27, 2001,to hear Lou Minicucci, manager and developer. In the meantime the Board of Selectmen should get recommendations from the Planning Board,the Zoning Board, Department heads and Chief of Police and Fire Chief and come to the public hearing; vote approved 4— 0. EXECUTIVE SESSION: William Duffy made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss land acquisition: Kettenbach property; vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. ADJOURNMENT: James Xenakis made a MOTION, seconded by Donald Stewart,to adjourn at 9:55 PM;vote approved 4-0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board