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HomeMy WebLinkAbout2003-06-03 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 3, 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; Mark J.T. Caggiano; Wendy Wakeman; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the minutes of May 5, 2003, Open and Executive Session; May 12, Open and Executive Session; May 22, Open Session. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: 2002 Public Water System Awards- North Andover Department of Public Works. The Department of Environmental Protection's Drinking Water Program of Massachusetts recognized the Town of North Andover Water Department DPW for its outstanding performance during 2002. North Andover placed among the top 10 percent (10%) scoring public water systems in the state. The Board of Selectmen recognized Dennis Bedrosian, manager of the Water Department, and William Hmurciak. Director of the Department of Public Works, efforts and dedication. Certificate of Recognition, Massachusetts Coalition for Oral Health— North Andover Water Filtration Plant. The Massachusetts Coalition recognized the Town of North Andover for Oral Health for outstanding efforts during 2002 in providing community water fluoridation in the prevention of dental decay in water filtration plant. Federal All Hazards Emergency Operations Planning Grant Award. As a result of a grant application submitted by John and Jeff Coco, with the assistance of the Fire Department, the Town has been awarded $7,000 by the Executive Office of Public Safety to assist in updating the Town's Emergency Operation Plan with an emphasis on responding to acts of terrorism. The Board of Selectmen recognized the efforts and dedication of John and Jeff Coco. Certificate of Accomplishment—Graduation from Fire Academy, FF McGuire and Davis. The Board of Selectmen presented Certificates of Accomplishment to Firefighters Timothy J. McGuire and Matthew F. Davis for their recent graduation from the Massachusetts Fire Academy. Selectman Donald Stewart spoke at the podium to clear his name of accusations of anti-Semitism and bigotry, but also to apologize for what he said was a perception he did not intend to convey at Town Meeting. He said that bringing a book"The Rise and Fall of the Third Reich"to Town Meeting was not meant to offend anyone in any vengeful way. Selectman Stewart said a local newspaper printed an editorial about it allowing the incident to be "blown out of proportion". "I am truly sorry," said Selectman Stewart, "for the perception this has caused...I do things in humor sometimes, and maybe humor isn't always right, but that is the way I am." LICENSING COMMISSIONERS: Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into licensing. Vote approved 5-0. Stevens Estate, 723 Osgood Street—One-Day Liquor License. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the following one-day licenses. Vote approved 5-0. 1. James Starr Anniversary Party, June 7, 2003, 7:OOPM-12:OOAM, Full Bar License 2. Laurie McKinnon Christening Party, June 8, 2003, 12:OOPM-4:OOPM, Beer&Wine only. 3. Mary Kennedy Graduation BBQ, June 8, 2003, 2003, 1:30PM-6:30PM, Beer&Wine only. Board of Selectmen Minutes June 3, 2003 2 Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote approved 5-0. CONSENT ITEMS: Sossy Keknavorian, St. Gregory Armenian Apostolic Church Picnic. Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the request by Sossy Keknavorian of St. Gregory Armenian Apostolic Church to hold a picnic on Sunday, September 7, 2003 on the Town Common between the hours of 12:00 PM and 6:00 PM. Vote approved 5-0. North Andover Festival Committee, 4th of July Carnival. Chief William Dolan representing the Festival Committee asked the Board's approval to hold a fundraiser carnival from Thursday, July 3rd from 5:00 PM to 11:00 PM, Friday, July 4th from 5:00 PM to 11:00 PM, Saturday, July 5th from noon to 11:00 PM and Sunday, July 6th from 1:00 PM to 9:00 PM. The event would be held in the rear parking lot of the Middle School. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the Festival Committee request to hold a carnival. Proceeds from the fundraiser would go to the Town's Festival Committee and Athletic Association. Wendy Wakeman AMENDED the MOTION, subject to favorable recommendations from the Police Department, Fire Department and Department of Public Works. Vote approved 5-0. Donation from Brooks School to Fire Department for Trauma Intervention Program. James Xenakis made a MOTION, seconded by Mark Caggiano, to accept a $2,000 donation from the Brooks School to the Fire Department for Trauma Intervention Program. Vote approved 5-0. Donation from Mr. Edmund Leland to Fire Department for Trauma Intervention Program. James Xenakis made a MOTION, seconded by Mark Caggiano, to accept a $200 donation from Edmund Leland to the Fire Department to the TIP Program. Vote approved 5-0. Donation from Zoll Medical Corporation of two Zoll semi-automatic defibrillators. Mr. Steven K. Flora of 75 Windkist Farm Road is the Vice President of North American Sales for Zoll Medical Corporation. Mr. Flora donated two defibrillators to the Fire Department from Zoll Medical Corporation. James Xenakis made a MOTION, seconded by Mark Caggiano, to accept the donation of two defibrillators from Mr. Flora and the Zoll Medical Corporation. Vote approved 5-0. OLD BUSINESS: Stevens Pond Fee Schedule. Rick Gorman, Youth Services Director, presented a fee schedule proposal that would bring in sufficient revenue to offset the $48,000 cost of running the Stevens Pond bathing facility. Gorman also did a comparison of fees set by neighboring towns in the area. Don Smith, head lifeguard, gave an overview of lifeguard duties and their pay rate compared to other communities. Kathy Lyons, lifeguard spoke about the deterioration of the rest rooms facilities, the lifeguard tubes, and the 40-year-old docks. All are in need of repair or replacement. After a lengthy discussion involving provided services, the cost of weed removal, hours of operation and a concession stand, the Board said they were willing to raise the fees, but not to the level recommended. James Xenakis made a MOTION, seconded by Wendy Wakeman to set the following fee rates for Stevens Pond Season Permits $50.00; Per Person Daily Rate $8.00; Swimming Lessons $35.00; Newly hired life-guards $10.00 an hour. Vote approved 5-0. The Town Manager will continue to work out further details with Rick Gorman. Board of Selectmen Minutes June 3, 2003 3 Fields Use Policy. Rick Gorman, Youth Services Director gave an update on the Fields Use Policy. Mr. Gorman gave an overview of committees, accomplishments and made recommendations for future needs. By the fall of 2004 there will be an additional seven fields online that will allow practice time as well as playing time. A final draft of Field Use Policy will be presented at a future meeting and the Board is asked to set usage fees for out of town groups. Entertainment &Alcoholic License Rules and Regulations. Thomas Urbelis, Town Counsel along with Scott Bergthold, Special Counsel drafted changes to regulations for Adult Entertainment Use. The Board was asked to review the draft with additional changes and to set a date for a public hearing. In addition, Town Counsel is also recommending that the Board consider changing its current rules and regulations for Alcoholic Beverage Licenses to address the issues of nominee trusts and changes in beneficial interest. James Xenakis made a MOTION, seconded by Wendy Wakeman, to have a Public Hearing for Adult Use Regulations. Vote 5-0. Mark Caggiano made a MOTION, seconded by Wendy Wakeman, to make changes to the current Alcoholic Beverage License to address the issues of nominee trusts and changes in beneficial interest. Vote approved 5-0. NEW BUSINESS: Proposition 2 '/2 Override Ballot Question. The Town Manager said that Town Meeting approved a Motion to hold a Proposition 2'h override election to raise $2 million for the school department. He said that under state law the only body that can call for an election is the Board of Selectmen. Selectmen Smedile, Wakeman, Stewart, and Xenakis opposed the override election. Chairman Smedile said putting the question on the ballot would make no sense because voters would defeat it, wasting $12,000 it would cost the Town to have an election. Selectman Xenakis said voters at Town Meeting did not represent "an adequate cross-section " of town. Selectman Wakeman said the board provides a check on Town Meeting, much like an executive branch veto. Selectman Caggiano was in favor of the override election to honor Town Meeting's request, although he said the tax hike would likely fail "by a Texas mile". Town Moderator Charles A. Salisbury cautioned against assuming the outcome of an override vote. He suggested calling a Special Town Meeting so residents could discuss the override with a clearer understanding of the approval process it must go through but a Special Town Meeting would cost $5,000 - $7,000 to run. Resident Kevin Hanley disagreed with Selectman Xenakis saying the group at Town Meeting was indeed representative of the Town. He also proposed a Special Town Meeting to settle the question. All of the Selectmen repeatedly stressed that Selectmen, the Finance Committee and the School Committee had all agreed on the town budget prior to Town Meeting and a united front in the face of the tough economic year ahead would be damaged by another contentious override campaign. Mark Caggiano made a MOTION, seconded by James Xenakis, to schedule an election for the purpose of a Proposition 2'h Override requested by Town Meeting of$2 million funding for the school budget for FY04. Vote failed 1-4. Mark Caggiano yes. Rosemary Smedile, Wendy Wakeman, Donald Stewart and James Xenakis opposed. Selectman Xenakis was upset while he read a letter from Parent Advisory Council (PAC)that was sent by mail, printed on School Department letterhead to the parents of high school students just before Town Meeting, May 12. The newsletter urged parents to attend Town Meeting to fight off more budget cuts to the schools. He said that there were several statements in the letter that were not true. Xenakis called the piece entirely misleading and said whoever wrote this did a tremendous disservice by spreading lies. Board of Selectmen Minutes June 3, 2003 4 Wendy Wakeman asked to have an investigation as to who paid for this, who authorized it and who wrote the letter. Bruce Baker School Committee Member acknowledged that the Selectmen had legitimate concerns but asked the board to let the School Committee look into the issues before they went forward with the Ethics Commission. Xenakis said an objective review was preferable and argued instead for an Ethics Commission inquiry. Wendy Wakeman made a MOTION, seconded by James Xenakis, to authorize the Town Manager to have the Ethics Commission investigate the legality of this letter by (PAC). Vote approved 3-2. Mark Caggiano and Rosemary Smedile opposed. Town Hall Renovations Status Report. Ray Santilli, Assistant Town Manager gave an updated report on the Town Hall renovation project. According to the architect, design phase is 100% complete. The project is currently scheduled to start bidding on June 11, 2003. General bids will be due July 16th, barring extensions resulting from addenda and bidding issues. There will be two weeks for the review of bids and for the Town to award the construction contract. If all goes well, construction will start on August 1, 2003. Construction allows for 10-11 months with an estimated occupancy date of July 2004. A contract has been executed with First Choice Office Services to move all office staff and furnishing into the temporary location at 400 Osgood Street on or about June 26-27 or July 10-11. Note: There was a Five Minute Break. Water and Sewer FY04 Rates Review. Wendy Wakeman made a MOTION, seconded by Mark Caggiano to TABLE Water and Sewer FY04 Rates. Vote approved 5-0. NESWC: Post 2005 Disposal Service Options. Assistant Town Manager Ray Santilli gave an update on the NESWC post-2005 Service Agreement. The highlights were no guaranteed annual tonnage as required in the current 20-year contract and tipping fees would be specifically set with no escalation tied to anything. In FY05 and first quarter of FY06 the tipping fee projection would be between 155-160 per ton. Starting in September FY05 would be $64 a ton, a savings of$95 a ton. Attorney Kenneth Kimmell Special Counsel reviewed the agreement and provided a brief synopsis of the contract. He reviewed 3 issues of importance. He confirmed that the contract does not require a guaranteed annual tonnage. The Town would be obligated to send all of the Towns' waste to the facility but no minimum. The debt was no longer an issue and part of the contract. The Host Community Service Agreement continues throughout the life of the facility or as long as the facility is in operation. This would increase in FY05 to $250,000 plus inflation adjustments every year. The Board would be asked to vote on this NESWC Service Agreement at their next meeting on June 16, 2003. Selectmen's Meeting Calendar, June of 2003 and 2nd half of 2003. The Town Manager suggested the following dates for the Board of Selectmen's Meetings for the last half of the calendar year. June 16, and 30; July 21; August 11 and 25; September 8 and 22; October 6 and 20; November 3 and 17; December 8 and 22. At the discretion of the Chair additional meetings may be scheduled. Rosemary Smedile suggested changing one date from October 6 to October 7 due to Yom Kippur holiday. All the other dates were accepted. Independent Auditors Contract. A subcommittee of the Board of Selectmen consisting of Selectmen Xenakis and Caggiano and assisted by Town Accountant Lyne Savage recently reviewed proposals for outside auditor services and are recommending the firm Board of Selectmen Minutes June 3, 2003 5 of Sullivan, Rogers and Company, LLC to perform this work for the Fiscal Year June 30, 2003 with options to renew for two subsequent year. Wendy Wakeman made a MOTION, seconded by Mark Caggiano to accept the recommendation of the subcommittee for auditor services with the firm of Sullivan, Rogers and Company, LLC. Vote approved 5-0. Note: There was a 15 minutes recess before entering Executive Session. EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into Executive Session to discuss Pending Litigation with Campion Hall and Rocket Entertainment. The Board would not return to Open Session. 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; Mark Caggiano yes; James Xenakis yes; Rosemary Smedile yes. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 10:30PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board