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HomeMy WebLinkAbout2002-05-06 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 06, 2002 CALL TO ORDER: Rosemary Smedile called the meeting to order at 6:30 PM at the Steven's Memorial Library. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart;Wendy Wakeman; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Wendy Wakeman,to move into Executive Session to discuss land acquisition and pending litigation with Foxwoods, GLSD and negotiations with union employees; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Wendy Wakeman yes; Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes; Rosemary Smedile yes. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT James Xenakis made a MOTION, seconded by Wendy Wakeman,to move Item C Preparation for Town Meeting in OLD BUSINESS before Item A. to accommodate the numerous people in the audience; vote approved 5-0. Kids Day America Proclamation James Xenakis made a MOTION, seconded by Susan Haltmaier,to approve the proclamation declaring Kids Day America Awareness Day in North Andover on June 1, 2002;vote approved 5-0. Certificate of Appreciation John McGuire Retired Fire Deputy Chief John McGuire assisted the Fire Department on March 14, 2002 at a fire located at 118 Beverly Street. Mr. McGuire checked the building for occupants and was invaluable in the strategy for fighting the fire and suppressing the fire in its initial stages. Mr. McGuire accepted the Certificate on behalf of the fire suppression crew from North Andover and Lawrence who responded and saved it to a one-room fire. Larisa Johnson and Courtney Neforas, Certificates of Appreciation Larisa Johnson and Courtney Neforas could not be present but were acknowledged for their actions in alerting neighbors and notifying the Fire Department on February 21, 2002 at a fire located at 98 Edgelawn Avenue. Firefighter William Golan, Graduation from Fire Academy The Board of Selectmen awarded a Certificate of Accomplishment to Firefighter William Golan for his successful graduation from the Fire Academy on April 5, 2002. LICENSING COMMISSIONERS: James Xenakis made a MOTION, seconded by Wendy Wakeman,to move into Licensing; vote approved 5-0. James Xenakis made a MOTION, seconded by Rosemary Smedile,to approve the following (4) one-day liquor licenses for Martha Larson, Board of Trustees Stevens Estate @ Osgood Hill, 723 Osgood Street, North Andover, MA; vote approved 5-0. 1. Ginny Sinkel/Wedding May 18, 2002 6:00 p.m.-11:00 p.m. All Alcohol 2. John Burke Cocktail Party May 21, 2002 6:30 p.m.- 8:30 p.m. Beer&Wine 3. Kevin Murphy/Wedding May 25, 2002 5:30 p.m.-10:30 p.m. All Alcohol 4. Philip Koffman/Wedding May 26, 2002 4:15 p.m.- 9:15 p.m. Beer&Wine Board of Selectmen Minutes May 06, 2002 Page 2 James Xenakis made a MOTION, seconded by Susan Haltmaier,to move out of licensing; vote approved 5-0. CONSENT ITEMS: (LAEF) Lawrence Airport Education Foundation, Inc. Wendy Wakeman made a MOTION, seconded by Donald Stewart,to approve the request from Lawrence Airport Education Foundation, (LAEF)to display a banner on airport entrance fence from May 16, 2002- May 19, 2002;vote approved 5-0. North Andover Lions Club Donald Stewart made a MOTION, seconded by Wendy Wakeman,to grant a circus permit and the use of the North Andover Middle School to the North Andover Lions Club to hold the 5th annual Vidbel's Olde Tyme Circus on July 24th and 25th, 2002;vote approved 5-0. Stacey Quealey request to use the Old Town Common on August 4, 2002. Wendy Wakeman made a MOTION, seconded by Donald Stewart,to approve the request of Stacy Quealey to use the Old Town Common on August 4, 2002, and to remind them to clean the area by removing their trash; vote approved 5-0. OLD BUSINESS: Preparation for Town Meeting 1. Enterprise Fund Capital Budgets. The Board had previously voted recommendations regarding the operating budgets for the town's three enterprise funds, but has not yet voted positions on the various capital items to be funded through these funds. One of the reasons why the Board has held off making these decisions is because they have been waiting for additional information relative to possible solutions to low water pressure areas in the town's water distribution system. Chief William Dolan presented four options that the Board may want to consider in addressing this situation, one of which would involve a re-prioritization of the water enterprise fund capital budget. The four options presented by Fire Chief William Dolan for water supply on Kara Drive are: 1. Option 1-Sutton Hill Phase 1 and Phase 2. Phase 1-Fire and domestic supply boost$550,000; Phase II system reinforcements $350,000. 2. Option 2-Purchase of Tanker trucks. 3. Option 3-Move up the fire department FY 2004 CIP request to replace Ladder 1 with a new pumper and include a compressed air foam system in the new pumper. 4. Option 4-Funding the retrofit installation of self contained residential fire sprinkler systems in all dwellings affected by the present water condition. Of the four options provided improving the water supply for fire protection in the Kara Drive area Option 1 would provide the most improvement of water supply for fire department use through the existing water supply system. The Fire Chief recommends this option over the other three options and recommends that the Town not proceed with the purchase of any new apparatus at this time but include the increased cost of the compressed air foam system into the currently scheduled FY 2004 CIP apparatus replacement item. Although residential fire sprinklers are proven life safety systems,the Fire Chief does not recommend this option due to probably liability problems with retrofit installation funded by the Town and the unknown cost associated with the installations. On May 2, 2002, a meeting was held with residents of the Kara Drive neighborhood to hear their concerns relative to low water pressure in hydrants. At that meeting the engineering report and the various options under consideration were discussed. James Xenakis asked the Town Manager to clarify for all present that pumping stations would go on the water&sewer rates and trucks would be under the Capital Improvement Plan. Mark Rees stated improvements to the water system would be part of the water enterprise fund, which is paid for by water Board of Selectmen Minutes May 06, 2002 Page 3 and sewer fees. Replacement for equipment for the Fire Department is a general fund item and paid for by taxation. Rosemary Smedile stated the Board and everyone want the best and most immediate option so everyone in Town is taken care of The Fire Chief stated he would like to do what the DPW Director William Hmurciak recommends the installation of the pump station with the booster pump and backup supply to power the system with dual fuel of electricity and natural gas. This is the best long-term solution that has the least amount of failure and builds the infrastructure into the system. Wendy Wakeman asked$2.25 million on the water& sewer rates instead of on the tax rate in the water enterprise fund is a lot of money to target specific neighborhoods. It would be nice to come up with a solution that didn't stick on the water rates and help more residents in areas in town with issues of fire suppression with no hydrants at all. In bringing water to all areas in town could be an additional $4.5 million. Money on the water rates is not tax deductible. Rosemary Smedile stated the high water and sewer bills are because the Town through the years has not taken care of the infrastructure. The high cost is for repairs not just the treatment of the water. Several residents from Kara Drive and Lisa Lane were present to voice their fears, concerns and expectations from the Town. James Xenakis made a MOTION, seconded by Donald Stewart,to recommend Option 41 to build the pump station and explore the option of putting this on the Capital Improvement Plan if possible and not the water enterprise fund; vote approved 5-0. Discussion: James Xenakis asked that in recommending Option 41 but to look at the possibility of putting this on the Capital Improvement Plan and not just the water enterprise fund, have the Town Manager look into the possibility of the CIP. Wendy Wakeman had only one point to make and stated she doesn't want anyone to think the security of Kara Dr. is not foremost in her mind but it is the Board's responsibility to explore all options and look at the fiscal health of the town. The security of the people comes first and she does support Option 1. Rosemary Smedile would like the Finance Committee to address the plan so it is worked into the budget book. James Xenakis made a MOTION, seconded by Wendy Wakeman,to have the Town Manager, Fire Chief and Director of Public Works to work together and come up with a workable timeline, a feasible short term solution to be presented to the Board at the earliest possible meeting before Phase I and Phase II can be implemented; vote approved 5-0. Capital Improvement Plan Town Manager Mark Rees stated in the Capital Improvement Plan there is a recommendation for$100,000 for Sewer System inflow and infiltration improvements and sewer system extension in the water shed for a total of$1,088,000. Wendy Wakeman made a MOTION, seconded by Donald Stewart,to approve the recommendation of the Town Manager to the CIP for the sewer system inflow and infiltration improvements and sewer system extension in the water shed; vote approved 5-0. Steven's Estate Enterprise Fund. Al Cullen, chairman of Steven's Estate Board of Trustees was present and updated the Board of Selectmen that the Trustees of the Stevens Estate have changed the description to be more general in purpose to read instead of brick repointing improvement repairs to buildings and grounds. Donald Stewart made a MOTION, seconded by James Xenakis to ask the Finance Committee to amend the wording on their recommendation for Steven's Estate Enterprise Fund to say"building and ground improvements"; vote approved 5-0. Board of Selectmen Minutes May 06, 2002 Page 4 Position on Town Meeting Articles. Susan Haltmaier made a MOTION, seconded by James Xenakis,to recommend favorable action on Article 6: Prior Years Unpaid Bills $11,979.10; vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Donald Stewart,to recommend favorable action on Article 7: Fyo2 Budget Transfers; vote approved 5-0. Discussion: Mark Rees explained this is a transfer and the bottom line will not change. This is a transfer from Reserve for Public Work Expense to General Government Personnel, General Government Expenses, Public Safety Personnel and Public Work Personnel. Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to recommend favorable action on Article 25: Revocation of Civil Service; vote approved 5-0. Discussion: Paul Szymanski of the School Department updated the Board of Selectmen with the efforts the School Department has made to remove custodians and food service employees from the State Civil Service. This article was previously passed at the Annual Town Meeting of May 11, 1998. Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to recommend favorable action on Article 30: Petition to General Court- Change Town Boundaries; the vote was 2-2-1 (Rosemary Smedile and James Xenakis opposed; Donald Stewart abstained"No Action". Discussion: Selectman Wakeman stated she feels Mr.Zahoruiko's plan nothing short of visionary and stated this changes large parcels of undevelopable land could build a real neighborhood where people have a chance to build a community, sidewalks, playing fields and open space. The Conservation Commission and the Planning Board has approved, and there is some controversy with the Finance Committee. Resident Sam Ameen asked if the neighbors surrounding this property were invited to the meeting this evening and suggested the Board of Selectmen should table this request and give an equal opportunity for those with objections to be heard as well. Chairman Smedile stated all people would have a chance to speak at Town Meeting and this was an agenda item at a previous Board meeting where neighbors spoke on the issue. Wendy Wakeman made a MOTION, seconded by James Xenakis,to recommend favorable action on Article 31: Amend Zoning By-law, Section 8.7 Growth Management: vote approved 5-0 Wendy Wakeman made a MOTION, seconded by James Xenakis,to recommend favorable action on Article 32: Amend Zoning By-law, Section 9: Non-Conforming Uses: vote approved 3-2 (Rosemary Smedile and Susan Haltmaier opposed). Susan Haltmaier made a MOTION, seconded by Wendy Wakeman,to recommend favorable action on Article 33: Amend Zoning Map- Portion of Osgood Street; vote approved 4-0-1 (Rosemary Smedile abstained). Discussion: The petitioner, Mr. Barrett was present and explained how this will be rezoned from an Industrial-1 to a Business-2 for more retail space as the people who were going to develop a hotel have backed out. Wendy Wakeman made a MOTION, seconded by Donald Stewart,to recommend no action on Article 34: Amend Zoning Map-Willow Street off Route 114; vote approved 5-0. Article 11: Capital Improvements, FY03. Town Manager Mark Rees stated Mrs. Belanger of 120 Sandra Lane may offer an amendment to the Capital Improvement Plan to fund the installation of sprinklers at the Bradstreet School. Board of Selectmen Minutes May 06, 2002 Page 5 Article 36: Road Acceptance: Keyes Way. The Board previously voted to lay out this street conditioned upon the developer obtaining a certificate of compliance from the Conservation Commission which they recently received. This will enable a positive recommendation at Town Meeting for acceptance of this road. Article 38: Road Acceptance: Saile Way. The Board voted to lay this road out with two conditions: obtaining a certificate of compliance from the Conservation Commission and adequately addressing a DPW punch list of outstanding items. All conditions have been met and this will enable a favorable recommendation at Town Meeting. Change on Capital Improvement Plan regarding Police Station. There is one change on the Police Station. The Finance Committee recommended money for design and architectural fees of$750,000. The Board of Selectmen previously voted$7.5 million for the entire project. In order to build more support from the community the Board should recommend a change from their original recommendation to go along with the Finance Committee of$750,000 and come forward at the next fiscal year for the request of the additional funding Wendy Wakeman thanked the Town Manager for his diligence with the Capital Improvement Plan, and thought the Town Manager did a great job, Ms.Wakeman did support the Police Department and supports the changes in order for a smooth Town Meeting. Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to change the Board of Selectmen's recommendation for the Police Department from$7.5 million to $750,000 for the design and architectural fees; vote approved 4-1 (Donald Stewart opposed). Foxwoods Subdivision. In Executive Session this evening the Board of Selectmen voted to move forward favorably with Articles 26, 27 and 28. For the record the Board of Selectmen will also vote in Open Session. James Xenakis made a MOTION, seconded by Wendy Wakeman,to recommend favorable action on articles 25, 27, and 28; vote approved 5-0. Article 26: Acceptance of Fee in Roadway-Foxwood Drive &Weyland Circle. Article 27: Acceptance of Fee in Land, Foxwood Subdivision. Article 28: Use of Foxwoods Bond Funds. Article 20: Acquisition of Land-Half Mile Hill, CPA. One of the exceptions of a 30B is a"Uniqueness of Determination". This land is unique as it is in the watershed,the areas of concern are protecting the Town's water source, shorefront land and the historic character of the Town. James Xenakis made a MOTION, seconded by Donald Stewart,to determine that the land on Half-Mile Hill is unique as it is in the watershed and the source of the Town's drinking water; vote approved 5-0. Report of Budget Communication Committee. On Friday morning, May 3, 2002,the Budget Communications Committee met at the Town Hall. Selectmen Wakeman and Haltmaier were present representing the Board of Selectmen. The Town Manager recommends the Board consider voting in favor of supporting a budget presentation that would assume passage of the override, i.e. the planned Finance Committee presentation. Mark Rees makes this recommendation for the following reasons: • All parties have voted previously that there is a need for the $4 million dollar override to provide basic municipal services. That should be the focus of Town Meeting, not a debate on which town services would have to be reduced should the override fail. • In the event the override were to fail, reconvening Town Meeting would allow the Town to incorporate the latest and most update changes in the Town" revenue projections including the rapidly changing state aid picture, which at this stage is still uncertain. Board of Selectmen Minutes May 06, 2002 Page 6 Town Accountant's Financial Reports. Town Accountant Lyric Savage updated the Board of Selectmen with third quarter revenue and expenditures. Over all the revenues are all within or above the target percentage. The only concerns are with the following items: • Investment income is still running extremely low due to the low interest rates. • The Town has not received any funds on the Medicare Reimbursement budget of$44,000. The administrator(Umass)who handles this has informed the Town Accountant that paperwork has been delayed and the Town should expect to see approximately$50,000 in July 2002. • The Health Department fees are below expectations. A meeting is scheduled to discuss fees. The following were the concerns with expenses: Police Dept. Salaries • Although the numbers at this point are not reflecting a potential deficit, Chief Stanley has presented a memo to the Finance Director stating he is expecting a deficit in the salary budget. There is a request being presented at Town Meeting. DPW- Refuse Dept • There will be a deficit in the Duping Fee's budget of approximately$60,000, which Bill Hmurciak has identified and discussed with the Finance Director. This deficit will be taken care of with a request at Town Meeting for a transfer from DPW Admin Salaries budget in the amount of$20,000 and the balance to be transferred from the Finance Committees reserve account. DPW-Snow & Ice • There is a short fall in Snow&Ice expense budget presently of$113,996. The expected deficit is around$160,000. There is a request being presented at Town Meeting for a transfer from the Snow&Ice salary budget in the amount of$27,000 and the balance to be transferred from the Finance Committee reserve. As an aggregate the salaries and expense budgets for FY02 are at 72.25%and are in line with the target percentage of 75%. Water Ban Status Report. DPW Director William Hmurciak updated the Board of Selectmen that April rainfall was 0.96%inches lower than average, water consumption was 1 million gallons less than the month of April 2001, a 2% decrease. The elevation of Lake Cochichewick was 109.5 on May 1St an increase of 0.6 feet from April 1St Th Lake is now 16%below normal, which is in the Drought Warning Stage. The recommended action for the Drought Warning Stage is to reduce the rigorous measures of the Drought Emergency Stage and implement mandatory conservation measures by limiting outside water use to periods of low demand on an odd/even schedule. Outside water use should be banned between the hours of 7AM and 7PM. Use by odd numbered addresses would be restricted to odd numbered days and use by even numbered addresses would be limited to even numbered days. In accordance with Section 177-6 of the Water Use Restriction Bylaw the new level of restrictions would become effective after public notification. James Xenakis made a MOTION, seconded by Wendy Wakemen,to adopt William Hmurciak's recommendation to ban outside water use between the hours of 7 AM- 7PM;use by odd/even schedule with a disclaimer that the Board reserves the right to reimpose the ban if the water level decreases again as well as the change of hours; vote approved 5-0. NEW BUSINESS: Steven's Estate Update Al Cullen and Martha Larson,two members of the Board of Trustees updated the Board of Selectmen regarding updates and repairs that have been done over the past years. Mr. Cullen stated in the long-term the Steven's Estate can be a valuable asset and will return money if run properly. Mr. Cullen stated in the past three years the Estate has had$1.9 million dollars in revenues. Mr. Cullen also stated with the revenues from the Estate approximately$900,000 has been spent in repairs. Board of Selectmen Minutes May 06, 2002 Page 7 The Board of Selectmen should consider providing policy direction to the Steven's Estate Board of Trustees in regards to future operational structure. Since the suspension of the Director of the estate,the facility has continued to operate with existing staff, volunteer efforts of the Trustees and management assistance from Ran Santilli, Assistant Town Manager and Heidi Griffin, Director of Community Development and Services. The trustees and Ms. Griffin are also in the process of interviewing candidates for an interim director. A discussion by policy makers should take place regarding the future operational structure of Steven's Estate. Options include the following: 1. Continuing the current structure of managing the operation with town employees with oversight by the Trustees. 2. Contracting out the operations of the facility to a third party with the Trustees being charged with overseeing the contractor. 3. Contracting out the operations of the facility to a third party, with contract oversight being the responsibility of a current town employee and the trustees acting as an advisory board. 4. Contracting out the operations of the facility to a third party, with contract oversight being the responsibility of a new town employee and the trustees acting as an advisory board. The Town Manager recommends that the Selectmen direct the Town Manager, or his designee, with the assistance of the Steven's Estate Board of Trustees,to review each of these options and report back to the Board within 30-45 days. Susan Haltmaier made a MOTION, seconded by Wendy Wakeman to accept the Town Manager's recommendations and report back to the Board of Selectmen; vote approved 5-0. Acting Police Sergeant Appointment. Given current vacancies in the supervisory ranks of the Police Department,the Police Chief is seeking permission to appoint an acting sergeant. As appointing authority,the Board of Selectmen can make that decision as a board or delegate it to the Town Manager to act on the Board's behalf. James Xenakis made a MOTION, seconded by Wendy Wakeman,to have the Town Manager post the job in the Police Department and schedule interviews with a sub-committee of the Board of Selectmen as soon as possible; as the Board of Selectmen is the appointing authority for the Police Department. Vote 2-3; Motion did not carry(Rosemary Smedile, Donald Stewart and Susan Haltmaier opposed). Susan Haltmaier made a MOTION, seconded by Donald Stewart, instruct the Police Chief and Town Manager to gather a list of candidates and between the Police Chief and Town Manager interview and take responsibility to appoint an acting Sergeant as soon as possible; vote 4-1 (James Xenakis opposed). TOWN MANAGER'S REPORT. Due to the lateness of the meeting the Town Managers Weekly Report will not be read and the Board will vote to return to Executive Session. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to return to Executive Session for the discussion of pending litigation with GLSD and the negotiations with union employees; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Wendy Wakeman yes; Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes; Rosemary Smedile yes. Chairman Smedile stated the Board would not be returning to Open Session after the Executive Session. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board