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HomeMy WebLinkAbout2001-11-19 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES November 19, 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; Donald Stewart; Susan Haltmaier;William Duffy; Mark Rees, Town Manager. Assistant Town Manager Ray Santilli was not present. EXECUTIVE SESSION: Donald Stewart made a MOTION, seconded by Susan Haltmaier,to move into Executive Session to discuss Collective Bargaining, pending litigation with Mesiti Development Corporation and land acquisition; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Donald Stewart yes; James Xenakis yes; Susan Haltmaier yes; and Rosemary Smedile yes. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Recognition of Fire Fighter Dan Pas as a Permanent Fire Fighter/EMT. Fire Chief William Dolan presented Firefighter Dan Pas with a Certificate of Accomplishment for completing his one-year probationary period with the Fire Department. Mesiti Development Corp-Legal Settlement. During Executive Session this evening the Board of Selectmen voted to a settlement agreement for Mesiti Development and agreed to make the settlement agreement public and is subject to approval by the state legislature as a special act. Happy and safe Thanksgiving Holiday. Chairman Rosemary Smedile wished the citizens and employees of North Andover a Happy and safe Thanksgiving. Blood Drive. There is a blood drive at the Firehouse on Wednesday November 21, 2001,before Thanksgiving. Zoning Laws. Mr. Fink asked the Board and Town Manager to please have local town official enforce all zoning laws in town. Mr. Fink stated that people are selling Christmas Trees and other abuses in town without getting special permits or the Boards approval. PUBLIC HEARING Street Acceptance-Sterling Lane. The Board is requested to conduct lay out hearings for two streets that are on the Town Meeting Warrant for acceptance. A positive vote by the Board to layout the streets is a prerequisite to Town Meeting approval. Community Development Director Heidi Griffin stated there is favorable action from Town Counsel,the Planning Board and the Department of Public Works. William Duffy made a MOTION, seconded by Donald Stewart,to layout Sterling Lane; vote approved 5-0. Street Acceptance-Christian Way. Heidi Griffin, Director of Community Development stated there is favorable action from Town Counsel,the Planning Board and the Department of Public Works and has everything set for Town Meeting. William Duffy made a MOTION, seconded by Susan Haltmaier,to layout Christian Way; vote approved 5-0. Board of Selectmen Minutes November 19, 2001 Page 2 CONSENT ITEMS Winter Parking Ban. Donald Stewart made a MOTION, seconded by Susan Haltmaier,to approve the all night winter parking ban for the 2001-2002 winter season; vote approved 5-0. Benjamin Harelick request use of Town Common December 15, 2001 from 6:00 PM-9:00 PM. William Duffy made a MOTION, seconded by James Xenakis,to approve the use of the Town Common by Benjamin Harelick on December 15, 2001 from 6:00 PM—9:00 PM to celebrate Hanukah; vote approved 5-0. Annual Holiday Parade William Duffy made a MOTION, seconded by Susan Haltmaier,to approve the Annual Holiday Parade on Saturday November 24, 2001, from approximately 12:15 PM— 1:00 PM;vote approved 5-0. OLD BUSINESS Town Manager Performance Review Process. The subcommittee of Chairman Rosemary Smedile and Selectman has met several times to discuss and review this matter. The next step is to appoint a sub-committee to begin implementing the process. William Duffy made a MOTION, seconded by Susan Haltmaier,to approve the Town Manager performance review process; vote approved 5-0. The next step is to set up a subcommittee to assist in the compiling of the documents. James Xenakis stated it should be selectmen that have been on the Board for the entire period of the Town Manager's employment. James Xenakis also stated it would be helpful to compile information for the review from various Town Boards. William Duffy made a MOTION, seconded by James Xenakis,to appoint William Duffy and Rosemary Smedile to work together on the subcommittee to assist in compiling the Town Manager's Annual Performance Review; vote approved 5-0. The next step will be a self-evaluation that will be distributed to the Board of Selectmen. Preparation of December 3, 2001 Special Town Meeting_. Town Manager Mark Rees presented a draft motion book for the Special Town Meeting December 3, 2001. Vote to put articles on warrant for December 3, 2001, Special Town Meeting. William Duffy made a MOTION, seconded by Susan Haltmaier,to add item 19 "Water Security System" $68,000 to be raised from Water Enterprise Fund Reserve balance,to: Article 2. Amendments to The Capital Improvement Plan Appropriation Article for Fiscal Year 2002. To see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal Year 2002 as voted under Article 8 of the May 14, 2001 Annual Town Meeting; or to take any other action relative thereto; vote approved 5-0. William Duffy made a MOTION, seconded by James Xenakis,to add item 20 "Reverse 911 System"to be raised by transferring $51,081 from item 12 "Sidewalk construction/repair"as voted under article 8 of the May 14, 2001 Annual Town Meeting,to: Article 2. Amendments to the Capital Improvement Plan Appropriation Article for Fiscal Year 2002. To see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal Year 2002 as voted under Article 8 of the May 14, 2001 Annual Town Meeting; or to take any other action relative thereto; vote approved 5-0. William Duffy made a MOTION, seconded by James Xenakis,to amend the Water Enterprise Fund appropriation for fiscal year 2002 voted under article 9 of the May 14, 2001 Annual Town Meeting by increasing the appropriation for "Water Expenses"by$30,000 to: Board of Selectmen Minutes November 19, 2001 Page 3 Article 3. Amendments To The Water Enterprise Fund Appropriation for Fiscal Year 2002; vote approved 5- 0. William Duffy made a MOTION, seconded by Susan Haltmaier,to amend the Sewer Enterprise Fund appropriation for fiscal year 2002 voted under article 10 of the May 14, 2001 Annual Town Meeting by increasing the appropriation for"GLSD assessment"by$37, 321 to: Article 4. Amendments To The Sewer Enterprise Fund Appropriation For Fiscal Year 2002; vote approved 5- 0. Article 5. Amendments to the Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2002. No action was taken by the Board. Article 6. Unpaid Bills-Prior Years. William Duffy made a MOTION, seconded by James Xenakis,to authorize the payment of the following prior year unpaid bills: Massachusetts Electric $263.46 for Fire expenses; C.J. McCarthy Insurance Agency$936.00 for fixed expenses-property; C. J. McCarthy Insurance Agency$1,145.00 for fixed expenses-property; Metromedia Energy $519.92 for Library expenses; Metromedia Energy$1,953.25 for Water Enterprise expenses; Massachusetts Electric $1,953.25 for Water Enterprise expenses; Eagle Tribune $580.32 for Water Enterprise expenses; vote approved 5-0. Article 7. Overlay Account Transfers. William Duffy made a MOTION, seconded by James Xenakis,to authorize the transfer of the following unexpended balances of overlay reserve: Fiscal Year 1995 $22,110.63; Fiscal Year 1996 $37,918.60; Fiscal Year 1998 $39,970.77;vote approved 5-0. Article 8. Community Preservation Fund Report. No action was taken by the Board. Article 9. Community Preservation Committee Recommendations for Appropriations. William Duffy made a MOTION, seconded by James Xenakis,to see if the Town will vote to appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B,the sum of$113,090 to be spent under the direction of the Community Preservation Committee for the following purposes: Restoration of the Old Burying Ground located at the intersection of Court and Academy Streets $67,000 (Historic Resources); Administrative costs, including appraisal expenses of the Community Preservation Committee $30,000 (Administrative and operating expenses); Bank Fees associated with authorized borrowing of funds $3,000 (Open Space); Interest Expenses of$13,000 (Open Space), or take any other action relative thereto. No vote taken at this time, action will be taken at next meeting. Article 10. Adoption of Massachusetts General Laws 31 Section 58A-Allowance for Veteran's Time in Fire and Police Appointments. William Duffy made a MOTION, seconded by Susan Haltmaier,that article 10 be adopted as printed in the warrant: To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 31 Section 58A as approved August 10, 2000,and make effective for local option adoption on November 8, 2000; which provides, in part, for a raising of the age limitation for qualified veterans applying for the fire fighter or police officer positions in the Town of North Andover from age 32 to a maximum of age 36; or to take any other action relative thereto; vote approved 5-0.- Article 11. Acceptance of Massachusetts General Laws Chapter 40, Section 22G-Funds Received-Handicap Parking Violations. There was discussion as to the revenue stream and the restriction of the funds. Susan Haltmaier suggested the Board give the article a chance to work, if it doesn't,the Board will have the opportunity to amend it next year at Town Meeting. The Board should support the Commission on Disability and allow the revenue to go into the fund for a year. William Duffy made a MOTION, seconded by Donald Stewart to put Article 11 on the warrant: To see if the town will vote, in accordance with Massachusetts General Law Chapter 40, Section 22G,to allocate all funds received from fines assessed for violations of handicap parking in the town,to the North Andover Commission on Disability Board of Selectmen Minutes November 19, 2001 Page 4 Issues, with expenditures from said account, including interest accrued, if any,to be made upon recommendation of the Commission on Disability Issues, with the approval of the Board of Selectmen, or take any other action relative thereto; vote approved 4-0-1 (James Xenakis abstained). Article 12. Amend Zoning Bylaw by Adding New Section 9.3—Non-Conforming Single and Two Family Residential Structures in Rl (Residential 1), R2 (Residential 2), R3 (Residential 3), and R4 (Residential 4) Districts. No action was taken by the Board. The Planning Board and Zoning Board of Appeals will be at the next meeting to fully explain and answer any questions. Article 13. Amendment of Personnel Bylaws, Section 15- Vacation Leave. James Xenakis made a MOTION, seconded by Donald Stewart,to place Article 13 Amendment of Personnel Bylaws, Section 15-Vacation Leave on the Warrant with favorable action; vote approved 5-0. Article 14. Street Acceptance-Christian Way. James Xenakis made a MOTION, seconded by Donald Stewart,to place Article 14 Street Acceptance-Christian Way on the warrant with favorable action; vote approved 5-0. Article 15. Street Acceptance-Sterling Lane. James Xenakis made a MOTION, seconded by Susan Haltmaier,to place Article 15 Street Acceptance-Sterling Lane on the warrant with favorable action; vote approved 5-0. Article 16. Petition the General Court-Deep Restriction Carter Hill Property-Bradford Street. There is an ongoing discussion relative to whom the deed restriction will be granted to: the Trustees of Reservations or another qualified organization. The outcome of that discussion will determine the final format of the motion. The way the Community Preservation Act is written says the land should be restricted, it was conveyed to the Conservation Commission as open space,the Executive Office of Administrative Affairs (EOA) will submit an amendment to the Act, because the act is supposed to be restrictive to open spaces. According to EOA's interpretation,there should be another level that puts a restriction on it for open space. Since it is already in the Conservation Commission's hands the Town has to go through special act of the legislature to convey any interest in land that is held by the Conservation Commission. No action was taken by the Board. Article 17. Amend Vote on Article 40-May 14, 2001 Annual Town Meeting "Acquisition of Land-Hawk Ridge Subdivision-Assessors Map 62 Lot 5-Bradford Street boarded by Mazurenko Farm and Barker Dairy Farm. When the Town applied for the Self-help grant funds the rules and regulations were not in place as to the exact wording. The Town has since received the grant for the self-help funds and has asked that the article be reworded for the land acquisition. William Duffy made a MOTION, seconded by Susan Haltmaier,to place article 17 to amend vote on Article 40-May 14, 2001 Annual Town Meeting "Acquisition of Land-Hawk Ridge subdivision-Assessors Map 62 Lot 5-Bradford Street boarded by Mazurenko Farm and Barker Dairy Farm on the warrant with favorable action; vote approved 5-0. Annual Town Meeting Calendar A meeting was held with the Town Moderator, Town Counsel, Town Clerk and the Town Manager to discuss the spring calendar for the Annual Town Meeting. William Duffy made a MOTION, seconded by Donald Stewart,to approve the Calendar for Annual Town Meeting, to hold Annual Town Meeting on May 13, 2002 and to close the warrant on March 15, 2002;vote approved 5-0. Action Item Time Frame Responsible Party(s) Budget Policy Statement November 19, 2001 Board of Selectmen Operating Budget requests due to Finance Director November 30, 2001 Town Boards &Division Directors Capital Budget submitted to Selectmen December 17, 2001 Town Manager/Finance Director Capital Budget submitted to Finance Committee January 18, 2002 Board of Selectmen/Town Manager Finance Director Operating Budget requests reviewed by Town Manager Dec-January 2002 Town Manager/Finance Director Last day for ballot questions to be submitted for January 29, 2002 Board of Selectmen March 5, 2002 Town Election Ballot* Submission for non-monetary Town sponsored articles February 22, 2002 Town Boards and Division Director Review of non-monetary Town sponsored articles February 28, 2002 Town Manager/Town Clerk/Town Board of Selectmen Minutes November 19, 2001 Page 5 Moderator/Town Counsel Operating Budget submitted to Selectmen/ February 9, 2002 Town Manager/Finance Director Finance Committee Town Election March 5, 2002 Town Clerk Warrant Closes March 15, 2002 Board of Selectmen Selectmen/Finance Committee review budgets Feb-April 2002 Board of Selectmen/Finance Com. Pre Town Meeting April 25, 2002 Involved parties Annual Town Meeting May 13, 2002 Town Moderator *For any election date, questions must be submitted 35 days prior to the election. Mesiti Development Corp-Legal Settlement. Resident Judith Goodwin asked if there was maintenance money appropriated in the budget. Town Manager Mark Rees stated there is the sewer budget that provides funds for the operations of the Sewer Department. Ms. Goodwin asked if there was enough money to take care of all pumping stations in town. William Hmurciak stated depending on the timing issue of the transfer. Town Counsel stated the agreement would not be in effect until 30 days after the legislature votes and that will be in the Spring of 2002. Mark Rees stated if there were any costs in Fiscal 02 they would be minimal and would be built into the Fiscal 03 budget. Ms. Goodwin also asked for landscaping and shrubbery to be put around this facility, Ms. Goodwin stated she would like Mesiti to pay for it and not the Town. Town Counsel Thomas Urbelis stated he would talk to Mesiti's attorney about the shrubbery. Mark Rees suggested that Ms. Goodwin write a letter to William Hmurciak, asking that money be included in the budget and ask to be appraised of the budget process to ultimately be sure it is in the warrant for Town Meeting. The Town will be in touch with Mesiti to see if he will do the landscaping. Ms. Goodwin asked if people have hooked up to the sewer. It was discovered that two homes have hooked up and it is the Town Manager's understanding that the Town has collected the hook up fee, and if that is not the case the homeowner will be billed a fee from the Town for the hookup. NEW BUSINESS Petition to make a portion of Stevens Street One-way. Richard Vaillancourt of 454 Stevens Street petitioned the Board back in 1998 and again September 10, 2001,to convert a section of Stevens Street into a one-way traveled street with the proposed travel direction to be in the north to south direction(Great Pond Road to Salem Street)with a right turn only sign at the intersection of Stevens Street and Salem Street. William Duffy made a MOTION, seconded by Donald Stewart,to make Stevens Street a one-way from Great Pond Rd to Salem St with a stop sign at the end of Stevens St at Salem St. One-way signs should be added with a right turn only sign and a stop sign at the intersection of Stevens St and Salem St. A stop sign should also be placed at Milk Street at the intersection of Salem St with a no left turn sign at the same location. Signs should also be placed on Salem St approaching Stevens St advising motorists that Stevens St is one way or No right turn allowed, whichever sign is proper and determined by NADPW. The DPW might have to place temporary barricades at Stevens St at Salem St for motorists to adjust to the change in roadway direction; vote approved 5-0. DPW Reports: Snow and Ice Removal Program, Road Maintenance Program. Snow and Ice Removal Program. William Hmurciak, Director of Public Works presented the "Snow Removal Action Plan"which is an analysis in five categories of Pre planning,tactics, supplies, equipment and personnel. Pre Planning-Snowplow routes have been redesigned and reduced from 24 to 10 routes and are balanced according to mileage and documented. Chain of command has been improved with route managers and lead town employees assigned to routes, supervisors have been added. There are documented prioritized sanding routes. A list of chronic problem areas has been compiled and Improved methods of prioritizing response to calls. Tactics- Standby sanding operations have been set up. Critical sidewalks and school grounds have been provided real time plowing, heavier equipment has been provided on every route, calcium is being used as a pretreatment of roadways, higher sale concentration is being used as a pretreatment, and extra cost is estimated at$102,350. Supplies-The Town will maintain an adequate sand/salt and calcium stockpile. Storage is currently 3/4 salt, and 1/4 sand. Board of Selectmen Minutes November 19, 2001 Page 6 Equipment-Accelerated replacement of vehicles is addressed in FY 03 C.I.P. Personnel-The plan is to add and optimize use of supervisors. Water Treatment Plant personnel will be maximized. To improve/maintain morale compensation after 24 hours will be increased and food will be provided. Personnel will be cross-trained to Improve expertise. Extra cost is estimated at$11,000. Town Manager Mark Rees stated that William Hmurciak should be commended for getting the Town ready for winter. Roadway provement Plan. DPW Director William Hmurciak presented the Board with a list of 2001 completed roadway improvement projects, and current projects the DPW has been working on. Most of Osgood Street and Andover Street is competed. The Town is currently working on drainage issues on Bradstreet Road and Tavern Road. Sidewalks are complete on Andover, Osgood, Rea and Abbott Streets. Future projects with Chapter 90 and Town funds are for: Mill Road, Chestnut Street,Wood Lane, Middlesex St, Sullivan St, Summit Avenue, Jetwood St, Douglas Rd, Martin Ave, Bunker Hill St, Dale St, Francis St, Gilbert St,Herrick Rd, Main St, Mass Ave, Stevens St and Waverly Road. William Hmurciak stated there are a lot of shortcomings on private streets but there has been no money to work on them. FY03 Budget Policy Statement. The Town Charter mandates that the Board adopt a budget policy statement at the commencement of the upcoming budget cycle to provide guidance, primarily in the area of revenue projections,to town officials as the budget is developed. Donald Stewart made a MOTION, seconded by James Xenakis,to appoint William Duffy and Rosemary Smedile to a two-member sub committee to work on the budget policy statement and bring it back to the Board next week; vote approved 5-0. Representation on GLSD Board William Duffy requested that this item be put on the agenda for board discussion. The Board of Selectmen was given data relative to population and sewage flow of the member communities that encompass the GLSD. North Andover's representative Brian Mitchell was not able to attend tonight's Board of Selectmen meeting but notified Mark Rees that Salem NH does not have a representative on the GLSD Board. William Duffy would like this item deferred to the month of January and stated there is an issue of not number but North Andover as a Host community is having difficulty dealing with these authorities and the basis for representation is all over the map. In NESWC, which North Andover belongs to, every town regardless of size has membership and a vote. William Duffy made a MOTION, seconded by Susan Haltmaier,to defer the Representation on GLSD Board to the first meeting in January 2002;vote approved 5-0. TOWN MANAGER'S REPORT: Luncheon at Brooks School December 1, 2001. Headmaster Larry Becker invited the Board of Selectmen to a luncheon at Brooks School on Saturday, December 1, 2001. Employee Holiday Breakfast. James Xenakis and Susan Haltmaier volunteered to work on the Employee Holiday Breakfast. Police Officer of the Year award breakfast. The Police Officer of the Year award breakfast will be held on November 20, 2001 at 7:30 AM at the Lawrence Elks Club. Sgt. Pickett has been nominated to receive this award. ADJOURNMENT: Susan Haltmaier made a MOTION, seconded by William Duffy,to adjourn the meeting at 10:05 PM;vote approved 5— 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board