HomeMy WebLinkAbout2002-03-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES March 25, 2002
CALL TO ORDER: Rosemary Smedile called the meeting to order at 6:00 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 negotiations with union and non-union employees, a real estate matter and
pending litigation with Mesiti Development; 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.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT
Certificate of Appreciation: Jeff Houston.
Rosemary Smedile and Fire Chief William Dolan presented a Certificate of Appreciation to Jeff Houston for
his actions on February 21, 2002 as a fire located at 98 Edgelawn Avenue.
Greek Independence Dam James Xenakis wanted to not that today is Greek Independence Day and wanted
to officially note that for the record.
Impacts the New High School will have on Operatin _g BudBud
The Board voted a couple years ago on the new construction at the High School and at that time the only
impact on the operating budget was maybe a new janitor. It has come to Mr. Xenakis's attention that with
the construction the Central Office Administration that currently is occupied at the High School would have
to be relocated for an amount in six figures. Mr. Xenakis stated his first concern is that it wasn't represented
accurately. Secondly, before ground is broken, he would like the Town Manager to come back at the next
meeting and discuss options of adding additional square footage at the High School for the Central Office.
Mr. Xenakis realized the project would not be reimbursable by the State but the return on investment would
be fairly quick rather than leasing space.
OLD BUSINESS:
Non-Criminal Disposition-Update.
Town Clerk Joyce Bradshaw reported to the Board that Chapter 1 "General Provisions"of the Bylaws for the
Town of North Andover provides under Section 1.5 Violations and Penalties that"Any person violating any
bylaws or regulation of the Town shall, in cases not otherwise provided for, be punished therefore by a fifty
dollar($50) for each offense. Section 1.6 provides the authority to any Town Board of department to handle
violations of any bylaws or regulations to be handled as a noncriminal offense in accordance with
Massachusetts General Laws Chapter 40§ 21D. This method can be used for any applicable violation of the
General Laws not specifically mentioned in Town bylaws or regulations. The office of the Town Clerk is
charged with the responsibility of collecting any undisputed violation payments. These payments are turned
over to the General Fund of the Town. The process of appeal is outlined in the statute and on the violation
notice.
Water Conservation Measures.
Previously, DPW Director William Hmurciak informed the Board on 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. 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. Rosemary Smedile stated that any waiver
Board of Selectmen Minutes March 25,2002 Page 2
appeal would be directed to William Hmurciak, DPW Director; if the appeal escalates to the next level it
would be directed to the Town Manager. The Board will be advised of the appeals and if a person is still not
satisfied,they may appeal to the Board of Selectmen.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to implement a mandatory ban on all
outside water use; vote approved 5-0.
Signs will be posted, along with updates in the newspaper, on cable channels,the website to provide
information on drought status. The Water Use Restriction Bylaw includes penalties for violations of the
mandatory water ban. Any person violating the Bylaw shall be subject to a warning for the first offense and
thereafter shall be liable to the Town in the amount of$50.00 for the second violation, and$100.00 for each
subsequent violation.
Parking at North Pumping Station.
James Xenakis stated he was looking for a recommendation from the Town Manager on the price and type of
sticker that will be issued for parking at the North Pumping Station and not recommendations from the Police
Department. Town Manager Mark Rees apologized for the misunderstanding and will have that information
for a future meeting.
Wendy Wakeman made a MOTION, seconded by James Xenakis,to adopt the recommendations for parking
at the North Pumping Station dated March 25, 2002 from the Police Chief, vote approved 5-0.
Preparation for Annual Town Meeting.
At this time,two articles will probably be recommended to be passed over at Town Meeting. One will be
Article O, Home Rule-Permanent Deed Restrictions-Land @ Water Treatment Plant because last week the
Town Manager's office was informed that the Town was not awarded the state grant that would have
necessitated this article. The second article that should be passed over is Article DD "Amend Personnel
Bylaw". This article should be postponed until Fall Meeting.
NEW BUSINESS:
Police Psychological/Psychiatric Screening Plan.
In accordance with standards promulgated by the Massachusetts Human Resources Division, since the Town
of North Andover undertakes psychological screening of police candidates,the Town must have an approved
Plan for Psychological/Psychiatric Screening for entry level Police Officers. The psychologist previously
used by the Police Department, Dr. John Barry, has retired thus requiring the filing of a new plan for
approval.
As a result of numerous referrals, Human Resources Director Ray Santilli and Police Chief Richard Stanley
conducted a lengthy interview with psychologist Dr. Guy Seymour. As a result, a Plan for
Psychological/Psychiatric Screening for Entry Level Police Officers prepared by Dr. Seymour and his firm,
Psychologists in Public Safety was prepared. Both Chief Stanley and Ray Santilli recommend this plan be
presented to the Board of Selectmen for approval to forward to the Massachusetts Human Resources
Division.
James Xenakis made a MOTION, seconded by Wendy Wakeman,to approve the appointment of Dr. Guy
Seymour; vote approved 5-0.
Letter from Wainright Bank Re: Chapter 40B Proposal, Valley Development.
Wainwright Bank is the financing agent for a proposed 40B project of 294 units of condominium housing on
a parcel of land off of Route 114. Pursuant to applicable state law,the bank is requesting comments from the
Town.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to authorize the Town Manager to write
a letter to Wainwright Bank and to have Heidi Griffin apply for the $10,000 grant for 40B comprehensive
permit applications; vote approved 5-0.
Board of Selectmen Minutes March 25,2002 Page 3
Letter from Town of Wareham: Education Reform and Prop 2 ''/2.
The Town of Wareham has asked cities and towns in the Commonwealth to contact our state legislators to
address what they perceive to be a growing dichotomy between the constraints of Proposition 2 '/2 and the
mandates contained in Education Reform.
Wendy Wakeman said she has a problem with asking the State to take over control of education. However,
Ms.Wakeman is in favor of encouraging the legislature to fund their mandates. The Town Manager stated
he would draft a letter.
Trust for Public Lands: Request to Raise Funds on Town's Behalf.
The Trust for Public Land is seeking official approval from the Board of Selectmen to raise funds on behalf
of the Town towards the purchase of the "Half-Mile Hill"land.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to send a letter to the Trust for Public
Land approving fundraising efforts on behalf of"Half-Mile Hill"; vote approved 5-0.
Discussion: Wendy Wakeman thanked the Community Preservation Act Committee and the Trust for Public
Land for doing a wonderful job on private fundraising. Ms. Wakeman stated the Town owes these
organizations a tremendous amount of gratitude.
TOWN MANAGER'S REPORT:
Standard and Poor. The Town has received notification that Standard and Poor has changed their rating for
North Andover from A-to an A, a significant upgrade.
Moody's. Today the Town received a verbal report that Moody's has improved the Town's rating from A3
to A2.
Security for public water supplies. On March 14, 2002, officials from the Police Department and Public
Works Department participated in a web cast sponsored by the International City Management Association
on security for public water supplies.
ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to adjourn the
meeting at 9:27 PM; vote approved 5 — 0.
Kathleen O'Neill
Administrative Secretary James M. Xenakis, Clerk of the Board