Loading...
HomeMy WebLinkAbout2002-03-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES March 12, 2002 CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart;Wendy Wakeman; Susan Haltmaier; Mark Rees, Town Manager; Raymond Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into Executive Session to discuss land acquisition, pending litigation with Foxwoods and Maritimes Pipeline and negotiations with non-union employees; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes;Wendy Wakeman yes; Rosemary Smedile yes. 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 Donald Stewart,to approve the executive session and open session minutes from November 19, 2002;vote approved 4-0-1 (Wendy Wakeman abstained). COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT New Selectman. Chairman Rosemary Smedile welcomed the newest Selectman Wendy Wakeman to the Board. Last weeks selectman meeting was not televised so Ms. Smedile took this opportunity to thank Mr. Duffy for his service to the Town as a selectman for over 10 years. Selectman Haltmaier also congratulated James Xenakis for being re-elected as selectman for another 3-year term. Conservation Administrator. Town Manager Mark Rees appointed Julie Parrino to the position of Conservation Administrator pending approval by the Board of Selectmen. A sub-committee of Selectmen Smedile and Stewart, Community Development Director Heidi Griffin and the Conservation Commission recommends Ms. Parrino. James Xenakis made a MOTION, seconded by Donald Stewart,to approve Julie Parrino to the position of Conservation Administrator effective immediately subject to Ms. Parrino's availability to begin work for the Town of North Andover; vote approved 5-0. Budget Communications Group. The Board of Selectmen had previously requested an opinion from Town Counsel regarding the appropriateness of Finance Committee members serving on the Budget Communications Group. Town Counsel Thomas Urbelis stated it is his opinion that he does not see any conflict with the Charter should the Finance Committee continue to participate in the Budget Communications Group. James Xenakis made a MOTION, seconded by Donald Stewart,to appoint Wendy Wakeman and Susan Haltmaier to the Budget Communications Group; vote approved 5-0. CONSENT ITEMS: Youth Services Annual Walk for Youth April 7, 2002 and Annual Carnival April 25-28, 2002. Susan Haltmaier made a MOTION, seconded by Donald Stewart,to approve the Youth Services request for the Annual Walk for Youth on April 7, 2002 and the Annual Carnival on April 25, 2002-April 28, 2002;vote approved 5-0. Board of Selectmen Minutes March 12,2002 Page 2 OLD BUSINESS: Request to Consider Change in Municipal Borders; Tom Zahoruiko. Previously Thomas Zahoruiko came before the Board to request consideration of a land swap between North Andover and Boxford. Mr. Zahoruiko stated that in his opinion there would be benefits to both communities while he would be able to develop some residential properties. The Board requested that the Planning Board, the Conservation Commission and the Finance Committee review Mr. Zahoruiko's proposals and provide recommendations to the Selectmen. The Planning Board and Conservation Commission recommended favorable action while the Finance Committee did not recommend favorable action. Prior to Town Meeting the Board of Selectmen may be asked for their recommendation. This is for information and the Board does not have to take action on this item. A Town Meeting decision will be decided whether to petition the legislature to allow for this type of land transaction to take place. Lake Access Study Committee: Status Report. Susan Haltmaier stated the committee had hoped to have a draft report but was not able to have a consensus ready for this evening. Ms. Haltmaier stated the committee is moving ahead with a lot of the issues but have not completely resolved all of them and the outstanding issues are whether or not the Town can build or install a temporary ramp or access on the Pleasant Street side. The committee has investigated the North Pumping Station and learned from the Police that resident only parking stickers never work unless they are monitored. Stevens Pond finally worked when an attendant was left at the gate and stickers were sold. There were so many issues that a final consensus was never completed. Using the draft report Susan Haltmaier stated the committee would like to sit down and complete this report and make a final recommendation to the Board of Selectmen at the meeting on March 25, 2002. In the interim there is an issue of permits for some fishermen since we didn't have any ice for the last month the fishermen want to get the permits and get out there. The report has not been completed so the new fees have not been set or what the permits would look like. The committee would like to see bigger, brighter permits that would be more noticeable and want to charge more for the permits. The committee needs to decide what to do with those permits. Ms. Haltmaier had two choices for recommendations. The first is to issue a temporary permit and stamp it good for 30 or 60 days or go ahead with last years plan for this year and continue to work this through and start it next year. There is also a question with the water level and launching the boat without people walking in the lake. There is a state regulation that you cannot have bodily contact in the lake, no swimming, wading etc. Donald Stewart asked if the Board of Selectmen were still in charge of setting policy for the Town. Mr. Stewart also stated that as far as he is concerned there would be access to boating on Lake Cochichewick. James Xenakis stated the price of the permit is time sensitive at this point and to wait for the committee to complete their report. Wendy Wakeman asked if she is correct in understanding that permits are legal but not obtainable in North Andover? Town Manager Mark Rees stated last fall the Board of Selectmen set up a committee to study access issues to the Lake as a result of concerns that were brought forward. Wendy Wakemen asked if the Board voted to change the policy on licenses at that time? Did the Board vote to stop issuing permits? Ms.Wakeman then asked if permits are currently being issued? Mark Rees stated this issue is before the Board tonight to seek guidance on what steps should be taken. At this time permits are not being issued but if the Boards decision is to issue permits the Town will begin issuing them tomorrow. Ms. Wakeman is troubled that permits are supposedly legal and not being issued and this Board has not changed the policy. Susan Haltmaier stated the permitting period of January 1 arrived and the charge for the committee is not complete and there is a limbo situation, not knowing what to charge for the permit. Wendy Wakeman stated there is no limbo,there is a policy and it is not being followed. Rosemary Smedile stated she agrees with Ms. Wakeman as the policy has not changed and permits should be issued until changes are made. Steve McCarthy, a member of the lake committee, stated he approached the Board three years ago on lake access and the only consensus the committee has is not to ban boating. Mr. McCarthy stated he does not believe anyone has talked about the price on boating permits, only the possibility of parking permits. Jim Lafond another member of the lake committee stated when the committee was trying to finalize a formal recommendation they were rushed and that has caused a lot of misunderstanding. There has been discussion of parking permit fees. Mr. Lafond is glad Ms. Haltmaier put the brakes on this because frankly the Board of Selectmen Minutes March 12,2002 Page 3 committee was not ready and if you want a less than good report then you could have one but in his opinion there is no consensus on most issues other than the committee is not going to ban boating. Ms.Wakeman stated she believes the Board is off the point. Ms.Wakeman stated her point is boating is legal on the lake, permits are supposed to be being issued. The Board has had no policy change and if Ms. Haltmaier cares to make an amendment or a countermotion to raise the fees,that would be fine, but Ms. Wakeman has a problem with administratively ceasing to do something that by policy this town should be doing. Susan Haltmaier would like clarification does the policy contain in it the price that should be charged or just the fact that permits should be issued? Wendy Wakeman made a MOTION, seconded by Donald Stewart,to direct the Town Manager and staff to begin issuing permits immediately until the Board decides on a change in policy; vote approved 5-0. Steve McCarthy stated the consensus is everyone wants boating but nobody wants to make a public parking spot. Mr. McCarthy asked where are people to park safely and stated the committee was formed for boat access and safe parking. Mr. McCarthy asked the Selectmen to finally decide where people are going to park and where they will access the lake. Rosemary Smedile asked to see a final recommendation even if a series of minority reports and the Board of Selectmen will make a decision. Frank Ragonese, also a committee member, stated he feels it is totally unfair how the Board has been discussing this issue as Susan Haltmaier has put in an awful lot of work and time and stated the committee is working towards a consensus and yes permits should be issued but it has not yet been determined if the permits will be increased in cost. A special privilege group in town wants convenience and they want a place to park their car to be closer to the water and carry fishing poles and boats. This group has been vocal enough to create a political football of this and they are vocal enough so that the Board will allow them this special privilege to go out there and park. Mr. Ragonese stated Lt. Carney has addressed the North Pumping Station and is opposed to parking at that site. The committee has been working to an end and was talking about parking near Stevens Pond on Pleasant Street. Mr. Ragonese summarized by saying the Board of Selectmen is the water commissioner of the Town and it is the Boards duty to protect that lake,that drinking water for all the citizens of this town, not just for a select group that wants to fish. Donald Stewart made a MOTION, seconded by Wendy Wakeman,to access the North Pumping station for parking; vote approved 3-2. (James Xenakis and Susan Haltmaier opposed). Discussion: Susan Haltmaier stated that Linda Hmurciak has told the committee that under state rules the town might have to apply for a change in use to use the pumping station as something else because it was established as a pumping station. Lt. Carney has said the building is unsafe inside. If parking is allowed and people got inside they could get hurt. The town cannot dismantle the pumping station because of the tremendous cost and the environmental disruption that would be caused by pulling those pumps out. Lt. Carney also presented accident statistic reports to the committee that has shown not one single pedestrian accident on either Rte 133 or Pleasant Street in the past five years. Susan Haltmaier believes it is premature to jump to this conclusion,there is a recommendation in the committees report that that spot could be made available by a special permitting process and the Board could set a policy as to how many per week, month or was necessary. Lt. Carney feels the Police Dept could support and has pointed out the Police cannot monitor the parking lot on a 24-hour basis seven days a week, anyone will end up parking there at anytime. Susan Haltmaier concluded by stating this is a very visible spot and the Town is concerned with the security of our water supply and feels this is a very hasty decision. Ms. Haltmaier stated this committee was formed, given a charge and would appreciate the consideration of the rest of the committee and be allowed to finish her report and voting NO to this motion now. Wendy Wakeman commends the work of the committee and appreciates the work that has been done but her concern is the rights of ordinary citizens to access public property have been trampled upon. Until a report is Board of Selectmen Minutes March 12,2002 Page 4 produced that can convince Ms. Wakeman otherwise, she would like to return the lake to the people who enjoy it, who patrol it, and who love it. James Xenakis stated he will be voting no as this is extremely premature to rush into things as the committee still has numerous outstanding issues ranging from enforcement,to permitting,to environmental and safety concerns, and traffic concerns. Out of respect to Ms. Haltmaier and the other members of the committees, there are several outstanding issues and will be voting no. Rosemary Smedile stated she will support this as enough is enough and the citizens should be allowed to use the lake and until the final report the North Pumping Station should be made available so the Town does not have the statistics of someone getting killed crossing the road. James Xenakis made a MOTION, seconded by Donald Stewart,to have the Town Manager report back in two weeks on appropriate signage and permitting for parking access at the North Pumping Station as well as conservation measures, making sure it is in compliance with conservation commission and public safety measures; vote approved 4-0-1. (Susan Haltmaier abstained). Water Conservation Measures. Previously, DPW Director William Hmurciak informed the Board the dangerously low water level of Lake Cochichewick and the possibility that the Board may have to consider implementing water use restrictions pursuant to the Town's water conservation by-law. The Lake has remained at very low levels and we are now in a drought emergency and William Hmurciak is now recommending the Board implement a total water ban, no outside water use. The Board would have the right to create exemptions to the total ban due to non-residential use of business that would be impacted. James Xenakis made a MOTION, seconded by Wendy Wakeman,to table this issue until the next meeting until recommendations can be obtained from the Town Department heads as to what exemptions will be made in a total water ban; vote approved 5-0. Town Manager's Evaluation Process. Former Selectman William Duffy served on the Town Manager's Evaluation Process subcommittee. With his departure, it is necessary to appoint another selectman to serve on the subcommittee with Rosemary Smedile. James Xenakis volunteered to work with Rosemary Smedile. Susan Haltmaier made a MOTION, seconded by Wendy Wakeman,to appoint James Xenakis to the Town Manager's Evaluation Process Subcommittee to work with Rosemary Smedile; vote approved 5-0. NEW BUSINESS: Articles for May 13, 2002 Annual Town Meeting. James Xenakis made a MOTION, seconded by Susan Haltmaier,to place the following (32) articles on the Warrant for Annual Town Meeting May 13, 2002;vote approved 5-0. 1. Reports of Receipts, Expenditures and Special Committees. 2. Prior Years Unpaid Bills. 3. FY02 Budget Transfers. 4. General Funds Appropriation Article Fiscal Year 2003. 5. Compensation of Elected Officials. 6. Capital Improvement Plan Appropriation for Fiscal Year 2003. 7. Architectural Fees for a New Elementary School. 8. Water Enterprise Fund Appropriation for Fiscal Year 2003. 9. Sewer Enterprise Fund Appropriation for Fiscal Year 2003. 10. Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2003. 11. Beede Waste Oil Settlement. 12. Reauthorization of Revolving Fund-Board of Health. 13. Acquisition of Real Estate: Boxford and Foster Streets. Board of Selectmen Minutes March 12,2002 Page 5 14. Amend Water Enterprise Fund FY2002 for Acquisition of Land-Lake Front Property Great Pond Road adjacent to Water Treatment Plant. 15. Petition the General Court-Permanent Deed Restriction-Great Pond Road adjacent to Water Treatment Plant. 16. Community Preservation Fund Report. 17. Appropriations-Community Preservation Fund. 18. Acquisition of Land-The land, open fields and woodlands on the shore of Lake Cochickewick once part of Edgewood Farm(Osgood Street) also known as the Mary Charles Estate and"Half-Mile Hill". 19. Petition the General Court-Permanent Deed Restriction-Mary Charles Estate also known as "Half-Mile Hill". 20. Report of Beaver Issues Committee. 21. Amend Zoning Bylaw-Section 8.7-Growth Management. 22. Amend Zoning Bylaw Section 9-Non-Conforming Uses by Adding New Section 9.3. 23. Acceptance of Fee in Roadway-Foxwood Drive and Weyland Circle. 24. Acceptance of Fee in the Land Parcel A and Parcel B Foxwood Subdivision. 25. Use of Foxwoods Bond Funds. 26. Authorization of the Town Manager or Superintendent of Schools regarding contracts in excess of three years. 27. Authorization to Accept Grants of Easements. 28. Authorization to Grant Easements. 29. Acceptance of Land: English Circle. 30. Amendments to Personnel By-law. 31. Revocation of Civil Service. 32. Amend Zoning Map-Portion of Osgood Street from B 1 and I2 to B2. The deadline for citizen petitions to add warrant articles is Friday March 15, 2002, at 5:00 PM. Boy Scouts participating for Citizenship Badge. Ryan Smedile and Josh Fenton, Boy Scouts from Troop 81,attended the Board of Selectmen meeting working towards a Citizenship Badge. TOWN MANAGER'S REPORT: Police Department received a grant of 50 bicycle helmets from the Governor's Highway Safety Bureau. Fire Chief has cancelled all open air burning in the Town due to the severe drought conditions until such time as the weather conditions improve. Fire Department did an excellent job in containing a major fire in a building at the intersection of Main and Waverly Street on March 5, 2002. Town's Insurance Carrier to reimburse Town for costs associated with the Mesiti Case. Town Counsel informed the Town Manager that the Town's insurance carrier is to reimburse the town for defense costs associated with the Mesiti case. This decision is subject to appeal by the insurance company and is estimated to be approximately$80,000. Town Hall handicap accessibility project. Mark Rees attended a meeting on February 28, 2002, with the Commission on Disability Issues where the Town Hall handicap accessibility project was discussed. Moody's Investor Services. On March 1, 2002, Moody's Investor Services visited North Andover to hear a presentation by Selectman Smedile and town staff regarding the bond rating by that firm in preparation for the town's upcoming bond issuance. Discussion with DP on eliminating persistent toxins from environment. On March 4, 2002, Selectmen Smedile, Haltmaier and the Town Manager attended a meeting sponsored by the DEP regarding ways to limit or eliminate persistent toxins from our regional environment. Board of Selectmen Minutes March 12,2002 Page 6 Reception for newly elected State Senator Steve Baddour. On March 6, 2002,the own sponsored a welcoming reception for newly elected State Senator Steve Baddour at the Steven's Estate. Selectmen Budget Workshop March 18, 2002. Town Manager Mark Rees and Chairman Rosemary Smedile would like to schedule a budget workshop to be help March 18, 2002, at the Stevens Library at 7:00 PM. Peabody Essex Museum. The Town Manager and members of the Board of Selectmen have been invited to attend the Armory Park Dedication Day on May 4, 2002. ADJOURNMENT: Susan Haltmaier made a MOTION, seconded by Wendy Wakeman,to adjourn the meeting at 9:20 PM; vote approved 5 — 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board