HomeMy WebLinkAbout2003-02-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES FEBRUARY 24, 2003
CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM at the Steven's Memorial Library.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart;
Susan Haltmaier;Wendy Wakeman; Mark Rees, Town Manager.
EXECUTIVE SESSION:
James Xenakis made a MOTION, seconded by Susan Haltmaier, to move into Executive Session to discuss
Pending Litigation with Rocket Entertainment and Collective Bargaining. 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.
Selectmen Smedile stated that the Board would be returning to Open Session after the Executive Session.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificates of Appreciation and Blue Star Banners.
Edward Mitchell, Director of Veterans Services and James Cassidy, Commander of American Legion Post 219,
presented recognition certificates and the Blue Star Service Banner to the families of active duty service
personnel. The families of the following were present to accept the certificates and banner.
CPO. Daniel McGuire, US Navy
1St Lt. Sara McGuire, US Navy
Maj. David Trombly, USMC
CPO. Arthur Lumb, US Navy
Sgt. Eric Andrews, USMC
S/Sgt. Thomas Andrews USMC
Capt. Charles Ormsby US Army
Allen Carmo Army NG
James LaPorte, Army Recruit
Proclamation —National Child Abuse Prevention Month.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to sign a Proclamation designating the month
of April as "National Child Abuse Prevention Month". The Board congratulated the Greater Lawrence Community
Action Council, Inc. and the Exchange Clubs of the Merrimack Valley Family Support Center on their continued
success in helping families break free from the cycle of child abuse and urged all citizens to use this time to better
understand, recognize and respond to this grievous problem.
Certificate of Appreciation —Charles Benevento.
The Board of Selectmen presented Chuck Benevento with a certificate of appreciation for his tireless work on
behalf of the Town as Director of Finance and Administration from November 13, 2000 to February 28, 2003,
during which time the Town received an upgrade in its bond ratings, a national award for its budget presentations
and exemplary audit reports.
Certificate of Appreciation —Susan Haltmaier.
The Board of Selectmen presented Selectman Susan Haltmaier with a certificate of appreciation for her dedicated
service as a member of the Board of Selectmen from 2001 through 2003.
PUBLIC HEARINGS:
Pole Petitions by Massachusetts Electric Company.
Joe Plentzas, representative from Massachusetts Electric, petitioned for three plans to be approved. This is
necessary due to a new sub-station being built on Foster Street and Boxford Street. It is necessary to install
these poles along these streets to accommodate additional wiring.
Board of Selectmen Minutes February 24, 2003 2
Massachusetts Electric Co. — Plan #F53/460—Foster Street,
Place 5 poles 18/3394, 3394-S, 5008, 3395, 3396. Remove 3 poles.
Massachusetts Electric Co. — Plan #F53/462—Foster Street,
Place 4 poles 18/3397, 3398, 3399, 3400. Remove 3 poles.
Massachusetts Electric Co. — Plan #F53/461 —Foster Street,
Place 1 pole 18/3402. Remove 1 pole.
Selectman Wakeman had a question regarding abutters' objections to the pole petitions.
James Xenakis made a MOTION, seconded by Donald Stewart, to approve the pole petitions on Foster Street on
the contingency that the abutters had no objections. Vote approved 4-0. Wendy Wakeman abstained.
CONSENT ITEMS:
Annual Youth Services "Walk for Youth" Sunday, April 6, 2003.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the Annual Youth Services "Walk
for Youth" Sunday, April 6, 2003. Vote approved 5-0.
Annual Youth Services Carnival— Friday-Sunday, May 1,2,3,4, 2003.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the Annual Youth Services Carnival
held from Friday, May 1 st through Sunday, May 4 h, 2003. Vote approved 5-0.
OLD BUSINESS:
Review of possible Articles for May 12, 2003 Annual Town Meeting.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to place the following 27 Articles on warrant for
the Annual Town Meeting on May 12, 2003. Vote approved 5-0.
A. Reports of Receipts, Expenditures and Special Committees.
B. Authorization Regarding Contracts in Excess of Three Years.
C. Authorization to Accept Grants of Easements.
D. Authorization to Grant Easements.
E. Compensation of Elected Officials.
F. Petition to Change Date of Annual Town Election.
G. Reauthorization of Revolving Fund-Board of Health.
H. Authorization of Revolving Escrow Account-Septic Services.
I. Authorization of Revolving Escrow Account-Restaurant Inspections.
J. Amend General Fund Budget, FY03.
K. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation FY 2003.
L. Prior Years Bills.
M. General Fund Appropriation, FY04.
N. Capital Improvement Plan Appropriation Fiscal Year 2004.
O. Water Enterprise Fund Appropriation, FY04.
P. Sewer Enterprise Fund Appropriation, FY04.
Q. Stevens Estate Enterprise Fund Appropriation, FY04.
R. Accept MGL, Chapter 59 Sec. 5K(Senior Citizen Tax Work-Off Abatement).
S. Accept MGL, Chapter 32B Sec. 91 (Employees on Military Leave-Payment of Premiums).
T. Report of Community Preservation Committee.
U. Appropriations from Community Preservation Fund.
V. Report of the Special Committee on Beaver Issues.
W. Amend Zoning Bylaw Section 8.12 Establishment of an Overlay District.
X. Zoning Change: Sharpener's Pond Road for Ice Rink Facility.
Y. Authorization to sell land for Ice Rink Facility.
Z. Amend Zoning Bylaw Section 8.7 Growth Management.
AA.Funding Phase 11 Storm Water Regulations.
Board of Selectmen Minutes February 24, 2003 3
Al Cullen, Chairman of the Board of Directors of the Stevens Estate, objected to the Article BB Authorization to
Lease Stevens Estate at Osgood Hill. He suggested that more time was needed to evaluate the specifics of the
article. He also disagreed with the auditors' report and said that the Stevens Estate had a profit not a loss in fiscal
year 2002. He said that the Town voted a proposition 2'h over-ride to retain the Stevens Estate as open space in
the Town.
William Hansen, Treasurer of the Board of Directors of the Stevens Estate, said that he objected to the same
Article BB Authorization to Lease Stevens Estate at Osgood Hill with a 55-year term lease. He also questioned
the wording of the article, stating that this should be withdrawn from the warrant so that the Board of Directors
could have more time to make a decision on the specifics of the type of lease or use of the Estate.
The Town Manager said that the wording was not final.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to place the following article on the warrant.
Article BB Authorization to Lease Stevens Estate at Osgood Hill. Vote approved 3-2; Donald Stewart and Susan
Haltmaier opposed.
FY04 General Fund Operating Budget.
The Town Manager advised the Board to accept his recommended FY04 budget by March 12, 2003 (within thirty
days of receipt) as designated in the Town Charter.
Mike Beirne, representative of Fire Department Union Local 2035, opposed the FY04 budget cutting one
Firefighter/EMT position and eliminating one ambulance. The proposed cut in ambulance service for FY04 is in
direct opposition to the overwhelming approval of a June 15, 1999, 2'h override of$402,000. He also stated that
during FY03, fees were increased for ambulance use, which will generate over$527,000 in revenue. Other
communities can no longer provide a backup second ambulance due to misuse of the mutual aid system. The
union requested that the Town provide funding to maintain all Fire Department services at their current levels.
After discussion, Selectman Xenakis stated that the Board of Selectmen should not accept the recommended
FY04 budget as is. He stated that it was the boards' responsibility to make changes before sending it to the
Finance Committee. Selectmen Smedile, Wakeman, Haltmaier and Stewart disagreed saying that it was
imperative to move this budget into the hands of the Finance Committee so that the work could begin.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to accept the Town Manager's recommended
FY04 general fund operating budget as presented by the Town Manager and retain the right to revisit for revisions
as additional information becomes available including input from the public, alternative budget proposals from
departments, discussions of the budget communications group, finance committee and revisions to revenue and
expense assumptions. Vote approved 4-1. James Xenakis opposed.
Lawrence Airport Enterprise Commission.
The commission met recently and endorsed a compromise plan for the development of the proposed industrial
park next to the Airport that would allow for two leased parcels and two land parcels. The next step in the process
is for the Lawrence City Council to authorize this arrangement and to that end, the Board is requested to approve
and sign a letter to the president of the city council recommending that this important project move forward.
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to sign the letter recommending that this
project of the Lawrence Airport Enterprise Commission move forward. Vote approved 5-0.
NEW BUSINESS:
FY04 Recommended Enterprise Fund Budgets.
The final component of the Town's budget are the enterprise budgets, both capital and operating, for the Water
Department, Sewer Department and Stevens Estate at Osgood Hill. The Town Manager gave his
recommendations concerning these budgets and a preliminary estimate of the impact these recommendations
have on water and sewer rates using the same tier system adopted by the Board last year. The Town Manager
suggested that the Board review these numbers and then meet in the future for discussion.
Board of Selectmen Minutes February 24, 2003 4
TOWN MANAGER'S REPORT:
The Executive Director of the Greater Lawrence Sanitary District (GLSD) said that the district is moving forward
with an $800,000 odor control project at the Riverside Pump Station in North Andover and the source of
numerous odor complaints over the years.
Contract negotiations have recently been completed with the Architect, Kang Associates, Inc. for the renovation of
town hall. The preliminary work schedule provides for current conditions, investigation and design work to be
completed by the end of May, bidding and contract award by July and construction completed by May of 2004.
On February 13, 2003, the Town Manager attended a meeting of the Massachusetts Municipal Management
Association where he heard a presentation of the FY04 state budget.
On February 14, 2003, the Town Manager participated in a joint presentation with Representative David Torrisi
and Haverhill Economic Development Director Gene O'Neil before the new Economic Development Director of
the Commonwealth concerning redevelopment of the Lucent property. The Merrimack Valley Economic
Development Council sponsored the meeting.
ADJOURNMENT:
Susan Haltmaier made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 9:15 PM. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board