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HomeMy WebLinkAbout2001-10-15 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES October 15, 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; 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 for Maritimes Pipeline; 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;William Duffy 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 new Firefighter: William M. Golan Fire Chief William Dolan introduced William M. Golan who has successfully completed his one-year probationary period with the Fire Department. Firefighter William Golan will be assigned to Station 42 is an EMT and also works on the ambulance. Appointment of Conservation Administrator: Richard C. Paquette, Jr. Town Manager Mark Rees appointed Richard C. Paquette, Jr. as Conservation Administrator for the Town with a starting salary of$45,000 a year. A board subcommittee consisting of Selectmen Smedile and Duffy have met with Mr. Paquette and endorsed the Town Manager's appointment. Mr. Paquette has a start date of November 5, 2001. William Duffy made a MOTION, seconded by Donald Stewart,to approve the Town Manager's appointment of Richard C. Paquette, Jr. as Conservation Administrator; vote approved 5 — 0. Security at Lawrence Airport. Theresa Sapienza Cote of 219 French Farms Road is quite concerned with the lack of security at Lawrence Airport. Ms. Cote suggests maybe a surcharge or fee be charged to the people who use the airport for increased security. There are tanker trucks with fuel for the aircraft left unattended all night long. There is aircraft left unlocked on the tarmac all night long. Rosemary Smedile stated she has been meeting along with the Town Manager with Federal and State authority and there is security during the night. For security reasons we will not be listing the schedule for patrolling and protecting the airport. Ms. Smedile stated Ms. Conte's point is well taken. Town Manager Mark Rees added that the State is providing up to $3 million dollars towards enhancing security at all regional airports exclusive of Logan and Hanscom. Rosemary Smedile also stated any letters to our federal and state reps could be helpful. Next Selectman Meeting. The next Board of Selectman meeting is scheduled for October 22, 2001. CONSENT ITEMS Jamie Doucett, Race Director for the Cambridge Sports Rollerski Club to race November 4, 2001. William Duffy made a MOTION, seconded by Susan Haltmaier,to grant permission to Jamie Doucett, Race Director for the Cambridge Sports Rollerski Club,to hold 13th annual race on Sunday November 4, 2001, at 9:30 AM; vote approved 5 - 0. OLD BUSINESS Boat access to Lake Cochichewick. Town Manager Mark Rees is still waiting to hear from a few members that he is trying to recruit. Mr. Rees stated the committee would consist of approximately 8 residents of North Andover, a member of the Board of Selectmen,the Department of Public Works,the Police Department, and a member from the Conservation Commission. Board of Selectmen Minutes October 15,2001 Page 2 The Town Manager did include a draft charge for the committee that consist of a five point charge that speaks to the need to find a balance between protecting our only source of drinking water and accommodating the recreational purposes of boating, hiking and fishing. It asks that the committee do 5 steps. 1. Become familiar with all Federal, State and Local laws and regulations governing surface drinking water supplies and construction of structures on or nearby the water body. Included in this review would be a determination of the legality of restricting access to the lake to North Andover residents. 2. In regards to local laws and regulations, make recommendations concerning changes to them that would enhance and facilitate the balance of environmental protection and recreational uses including such matters as: hours and type of access, parking and traffic,type and size watercraft including propulsion systems, impact on property owners adjacent to the lake, restrictions of the use of portions of the lake,trash and littering, storage or watercraft and trailers. 3. Conduct an inventory of possible launch sites for watercraft and perform a feasibility analysis of which sites are more conducive to finding the appropriate balance between environmental concerns and recreational uses,taking into account existing laws and regulations and costs associated with constructing or reconstructing particular sites. 4. Develop a detailed plan for monitoring activity on the lake and effectively enforcing any laws and regulations governing the use of the lake. The applicability of the town's non-criminal disposition by-law should be particularly explored as a possible enforcement tool. The annualized cost of this monitoring and enforcement plan should be determined and documented. 5. Recommend a fee structure that would provide sufficient revenue to offset the cost of the monitoring and enforcement plan. Sam Ameen stated he thought the problem was to locate a launching site for use by residents of North Andover. It sounds like we have gone from a simple overview to interpreting the laws and the use. Mr. Ameen wonders why the Town Manager would charge a committee when originally we were looking for a place to launch a boat. James Xenakis stated the issue is much more complex and the answer to his question is item 42 of the charge the Town Manager just read. Susan Haltmaier also stated item 4 3 was pertinent but there are so many complex issues and just one issue cannot be addressed without looking at the entire situation and concerns of all the residents. The Board is trying to be proactive rather than reactive. Frank Ragonese of Great Pond Road stated in his opinion the Town Manager has put together a very good package. We do not need a band-aid approach. Mr. Ragonese walks the trails as many on the other side of the lake, but stated dogs are wet, not on a leash and are swimming in the lake. James Xenakis made a MOTION, seconded by Susan Haltmaier,to endorse the Charge of the Lake Cochichewick Committee; vote approved 5-0. Phase II of School Audit The Chair requested that this matter be brought forward again to the Board of Selectmen for consideration. Should the Board wish to move forward with this project,the Town Manager will arrange a meeting with the School Department and auditors Melanson Heath and Company to more further define the scope of services associated with Phase II and come back with a contract for signature by the Board of Selectmen. James Xenakis made a MOTION, seconded by Susan Haltmaier,to appoint William Duffy and Susan Haltmaier to a subcommittee to discuss the parameters of the second phase of the audit; vote approved 5 — 0. Rosemary Smedile's concern over the audit is that the Town is actually measuring benchmarks or goals that we want our students to meet. Mrs. Smedile's concern is to find the best conforming towns, whose delivering the best product, highest scores, highest percentage of students going on to college. Ms. Smedile does not want to confuse spending with performance. This information will be helpful to the financial task force and information the Town's people would like to know. They would like to know what they are getting for their money. Mr. Duffy stated there are some limitations because the best performing schools are in the wealthiest suburbs, and the worst are in the low-income areas. The education of a child is a product of both the home environment and the school. James Xenakis stated our neighbor who had the lowest MCAS scores had 99% State contribution of$100 million dollars to the City of Lawrence, yet they still maintain the lowest scores. William Duffy stated giving their demographics Lawrence is still exceeding expectations. Board of Selectmen Minutes October 15,2001 Page 3 NEW BUSINESS American Flag on Bradford Street Water Tower. Mr. Charles Ormsby, a resident of North Andover, contacted the Town Manager and asked as part of the repainting of the Bradford Street Water Tower, which is currently underway,that an American Flag be painted on the structure. Mr. Ormsby stated he would raise private donations for the painting and guarantee the remainder. This would not be a financial burden on the Town. The FAA requires a stripe on the top and bottom of the water tank. Veteran's Agent Edward Mitchell stated he attended a meeting at the American Legion Post 219 and they concurred that the flag should be flown in a high place, with no wording above the flag. The American Legion is in support of the flag being painted on the water tower. The approximate cost to paint the flag on the water tower is $7,000 and would be paid for by the fund raising efforts of the proponents and not the taxpayers. Thomas Sangermano of 246 Bradford Street stated he represents the residents of Bradford Street who will be most affected by the flag and the neighbors feel the flag is not necessary for various reasons. Mr. Ormsby's intentions are admirable but the flag itself 30 feet across by 17 feet high would light up Bradford Street. Mr. Sangermano also stated the water tank is an eyesore in itself. Mr. Sangermano read several reasons for not displaying the flag on the Bradford Street standpipe. Some of the reasons: 1. The majority of residents in town will not easily see the flag on the standpipe, but it will negatively affect the residents who will have to live next to it. 2.Will negatively affect property values. 3. Will attract unwarranted traffic to the area,which already has a problem with the three way stop at Bradford and Barker Streets. 4. Who will guarantee that the flag stays in pristine condition for years to come? 4. Is the town willing to assume the risks involved with having the flag painted over the new paintwork? 5. Is it a valid benefit to the town or are we acting in haste? 6. The standpipe is not a billboard. 7. Why spend$5000 - $6000 on a flag when the money can be put to better use to help the victims of September I Ph. 8. Most importantly, an ostentatious display of patriotism diminishes valid and genuine displays of patriotism. Domenic Mangano of 324 Bradford Street stated he has lived there for 33 years and if you put the flag on the tank there will be more people and more traffic. In the evening kids throw rocks at the tank, which is noisy. Jim Richards of 234 Bradford Street stated bird droppings are running down the side of the tank all the time. The Veterans are not going to be up there cleaning it every two weeks. Mr. Richards stated he does not want his flag with bird droppings all over it. Toni Mangano of 324 Bradford Street stated the flag on the water tower is gratuitous. Her father and brother served their country and her daughter is a captain in the Army. We don't need a flag to prove something. There has been rust on the standpipe for the last 5 years with rust pouring down the sides; nobody is going to get up there and maintain the flag like it should be maintained. Susan Haltmaier stated it is unnecessary to create a situation of putting a flag where there hasn't been one. This is a replica of a flag and not an actual flag. There are many displays of patriotism and maybe we are creating an issue where there doesn't need to be an issue. This is a wonderful sentiment to want to display how we feel but Ms. Haltmaier feels we might as well put the red and white stripes up and leave it be because we cannot guarantee that the flag will look the way it should look and can appreciate the concerns the residents have brought forth. William Duffy made a MOTION, seconded by Donald Stewart,to table the issue of painting the standpipe for one week; vote approved 5-0. Preparation for Fall Special Town Meeting. To clarify the issues at hand, under state law there is only two ways an article can be put on the warrant. One is by a majority vote of the Board of Selectmen, and the other is by a petition of which there is two subsets; if there is an annual town meeting all that is required is ten signatures of registered town voters, and for special town meeting 100 signatures are required. The question before the Board tonight is whether the Board would put articles on the warrant;take school committee articles and place them on the warrant with or without endorsement. This would just give any board the opportunity to submit their article with ease; it does not mean the Board of Selectmen would endorse the article. James Xenakis stated the School Committee has a large enough task managing their department and should not have to run around and gather signatures. Board of Selectmen Minutes October 15,2001 Page 4 James Xenakis made a MOTION, seconded by Donald Stewart, to permit articles for town meeting warrant for the school committee, town boards and commissions be placed on the agenda, after receiving majority votes of their board or commission, without going through the signature process. This process would be adopted with this Board, but could change with new members of the Board of Selectmen; vote approved 5-0. Al Movsesian, Chairman of Council of Aging, who resides at 369 Great Pond Road, spoke to the Board about placing an article on the warrant for Senior Center Repairs. There are acoustical problems at the Senior Center. There are 4,000 citizens who are Senior Citizens, which represent 18% of North Andover's population, and the numbers are growing every year. A consultant was hired and paid for by the Council of Aging for $1,300. A recommendation was made by the consultant to repair the problems at the Center with an estimated repair bill of $20,000. The Town Manger is suggesting this request be put in with all the other requests of amending the General Fund Appropriation for fiscal year 2002. Mark Rees also stated he would not like to see individual Boards and Commissions go directly to Town Meeting without maintaining the budget discipline and the budget process that we try to instill. Bea Fink, a member of the Finance Committee stated it makes sense to encompass these repairs in Article B Amendments to General Fund Appropriation Fiscal Year 2002. Article M. Street Acceptance-Christian Way Extension. Christian Way Extension has submitted all paper work in accordance with the new street acceptance procedure the Board of Selectmen adopted at their last meeting. Town Planner Heidi Griffin has the deed, easements, final "as built plan"and all paper work in order for them to proceed. Article N. Street Acceptance Sterling Lane. Town Planner has not received any paperwork but met with the developer last month. Town Planner has no objection keeping this on the warrant as the developer has until the second week of November to complete this paperwork and the developer is aware of the deadline. James Xenakis made a MOTION, seconded by William Duffy,to place the following articles on the Warrant for Special Town Meeting December 3, 2001, and to place Article L Senior Center Repairs be placed into Article B, Amendments to General Fund Appropriations fiscal year 2002;vote approved 5 — 0. Articles voted and placed on the Warrant: A. Reports of Special Committees B. Amendments to General Fund Appropriation Fiscal Year 2002 C. Amendments to Capital Improvement Plan Appropriation-Fiscal Year 2002 D. Amendments to Water Enterprise Fund Appropriation-Fiscal Year 2002 E. Amendments to Sewer Enterprise Fund Appropriation-Fiscal Year 2002 F. Amendments to Steven's Estate at Osgood Hill Enterprise Fund Appropriation-Fiscal Year 2002 G. Unpaid Bills H. Overlay Account Transfers-Prior Years I. Community Preservation Committee Report-Appropriation Recommendations FY2002 J. Veteran's Time for Police and Fire Appointments K. Amend Zoning Bylaw-New Section-Nonconforming Single and 2 Family-R4 District M. Street Acceptance-Christian Way N. Street Acceptance-Sterling Lane O. Petition General Court-Deed Restriction Carter Hill P. Proposed Zoning Bylaw Section 8.11-Tattoo or Body Piercing Establishment Q. Acceptance of MGL Chapter 40 Section 22G-Retention of fees by Commission on Disability Issues from Parking Program. R. Transfer of Land-Joe McCarthy-Dale Street S. Amend Personnel Bylaw, Section 15-Vacation Leave TOWN MANAGER'S REPORT: Self Help Grant. The Town has been awarded a$250,000 Self Help grant from the State to reimburse the town for a portion of the $1,510,000 that was paid to purchase the Carter Hill property. The town should express its appreciation to our legislators for their support of our grant application and to Nellie Aikenhead from the Trust for Public Land who put the grant application together on behalf of the town. Finance Committee. Town Manager Mark Rees will meet with the Finance Committee on October 18, 2001,to discuss a joint project between the Police and Fire Departments to replace their current, unreliable computer aided dispatch Board of Selectmen Minutes October 15,2001 Page 5 system with a more modern, reliable system. Most of the money for this project, $128, 628 will come from current grants the police department already has on hand. The Public Safety Departments are requesting a$10,000 transfer from the reserve fund to pay for data conversion. The second item at the Finance Meeting will be a snow and ice removal presentation from the Department of public works. Some of the improvements the DPW will be presenting may result, depending upon the severity of the winter, in higher snow and ice deficits to be carried into the subsequent fiscal years. Affordable Housing, The Town has received notice from the state that our percentage of affordable housing as it relates to Chapter 40B calculations has dropped from 6.4%to 5.35%due in part to 2000 census information. The Town Planner Heidi Griffin informed the Town Manager that should both 40B applications currently before the ABZ (Mr. Minicucci's project and the Smolak Farms project)be approved as presented the percentage would increase to 5.8% Massachusetts Emer gency Management Agency. Town Manager Mark Rees met with the Town's Emergency Management Director and Assistant Director, The Assistant own Manager and the Police and Fire Chiefs to discuss the Comprehensive Emergency Management Plan. The Town Manager was encouraged by the pre-planning the Town's emergency management team has already done in the area of disaster relief including possible terrorist activities. In addition, both the Police and Fire Departments, beyond their own intensive in house training activities, are active participants in other regional police and fire organizations that are trained in such things as terrorist suppression and hazardous material responses. GLSD A meeting was held on October 10, 2001, with officials from GLSD,the Board of Health, DEP, members of the Board of Selectmen and residents to discuss odor control concerns related to the sewer treatment plant. The meeting was very informative which resulted in several action items to be completed prior to the group getting together again. Campion Hall. The town will be sponsoring a meeting of residents who live near the Campion Hall property to discuss efforts currently underway to address the condition of that building. The meeting will be held on Wednesday, October 24, 2001 at 7:00 PM at the DPW in the Meeting Room. MMA Annual Trade Show January 11-12, 2002. The Massachusetts Municipal Association will be holding their Annual Meeting and Trade Show in Boston on January 11-12, 2002. EXECUTIVE SESSION William Duffy made a MOTION, seconded by Susan Haltmaier,to move into Executive Session to discuss pending litigation; Beede Waste Oil; pending litigation McAllister and Farnum legal action; 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;William Duffy yes; and Rosemary Smedile yes. Chairman Smedile stated the Board would reserve the right to return to Open Session after the Executive Session. CALL TO ORDER: Chairman Rosemary Smedile called the meeting back to Open Session at 9:55 PM. Land Acquisition. In executive session this evening William Duffy made a MOTION, seconded by James Xenakis,to authorize Town Counsel Thomas Urbelis to consummate the land transaction with Central Realty Trust to purchase the land and building at 170-172 Sutton Street for$140,000;vote approved 5 — 0. ADJOURNMENT: James Xenakis made a MOTION, seconded by William Duffy,to adjourn the meeting at 10:00 PM; vote approved 5— 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board