HomeMy WebLinkAbout2002-09-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 9, 2002
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; Wendy
Wakeman; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Donald
Stewart arrived at 7:40 p.m.
EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into
Executive Session to discuss the criminal investigation of the Stevens Estate and pending litigation of the
Greater Lawrence Sanitary District (GLSD). The Board of Selectmen was individually polled and each
voted to move into Executive Session. Vote approved 4-0.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
9-11 Recognition and Remembrance: The Town Manager announced the notification of 9-11
recognition and remembrance that would take place in Town at the Town Hall, Library, Senior Center,
St. Michaels Church and Heritage of North Andover. Chairperson Rosemary Smedile suggested that all
residents that have American flags to fly them proudly to show a spirit of patriotism and support.
Recreation Department: Chairperson Rosemary Smedile stated that she had received several Thank
you letters in appreciation for the outstanding job by William McEvoy and his staff for the Recreation
Department 's summer program.
Police Department Staffing: Chairperson Rosemary Smedile stated there is a concern from residents
that the Police Department is lacking sufficient resources to provide an appropriate level of police officers
on patrol. The Board requested that Chief Richard Stanley comment and discusses this matter at a future
meeting.
Note: Donald Stewart arrived at 7:40 p.m.
School Enrollment: Charles C. Ormsby, a member of the North Andover Taxpayers Association
(NATA), addressed the Board to consider putting a moratorium on the expenditure of$2.26 million for
designs for the Foster Farm Elementary School. He stated that elementary school enrollment is down 60
students this year contrary to predictions that the population would increase by 10 students this year and
increase by 82 next year—a trend that would continue in subsequent years. He suggested that the
Board of Selectmen call a Special Town Meeting in the near future to consider overturning the $2.26
million expenditure.
After a lengthy discussion, James Xenakis made a MOTION, seconded by Wendy Wakeman, to have the
Town Manager send a letter on the Board's behalf to the School Committee, Finance Committee and
Building Committee requesting that prior to a commitment of funds for architectural/design services for a
new elementary school, a meeting be held with representatives from the involved committees and boards
to review projected enrollment counts and their relationship to the need for a new elementary school.
Vote approved 3-1-1. Susan Haltmaier opposed; Donald Stewart abstained.
CONSENT ITEMS:
Acceptance of Donation to Fire Department: The Town Manager requested the Board of Selectmen to
accept a donation of$250 to the Fire Department from Mr. William Woodhouse in appreciation for the
services provided to his father by the North Andover Fire Department.
Susan Haltmaier made a MOTION, seconded by Donald Stewart, to accept a donation of$250 to the Fire
Department. Vote approved 5-0.
Board of Selectmen September 9,2002 2
Request for"Toll Booth" Charity Collection: The Knights of Columbus requested permission to hold
their annual "Tootsie Roll Drive" and to place a "Toll Booth" at the intersection of Great Pond Road and
Massachusetts Avenue (Old Center). The dates and times will be Friday, October 11, 2002, from 3:00
p.m.—6:00 p.m.; Saturday and Sunday, October 12 and 13, 2002, from 8:00 a.m. —2:30 p.m.
Donald Stewart made a MOTION, seconded by Susan Haltmaier, to approve the request by the Knights
of Columbus for their annual "Toll Booth" place, date and times. Vote approved 5-0.
OLD BUSINESS:
Early Retirement Incentive Program: The Town Manager reported to the Board that a voluntary survey
was taken to ascertain the number of employees who would be interested in participating in ERIP.
Twenty-two Town employees opted to be considered in the early retirement package. In a summary,
Mr. Rees stated that if the Board of Selectmen votes in favor of this ERIP, the immediate cost in the
current fiscal year(FY03) is estimated at$156,699. The annual pension cost beginning in FY05 would be
$127,329. Early retirement programs have proven to save money where the organization does not intend
to replace the position or, to a lesser extent, when there is a substantial difference in beginning pay
compared to maximum pay. Since neither of these factors applies to North Andover, there, in fact, would
be a substantial increase in cost to the Town both in short term as well as the long term. The Town
Manager recommended that the Board of Selectmen not adopt the Early Retirement Incentive Program.
Fire Lt. William P. Martineau, who sits on the Essex County Retirement Board, stated that this would be a
positive step for the Town at a minimal cost and would give dedicated employees the opportunity to enjoy
retirement a little early.
After a lengthy discussion, Wendy Wakeman made a MOTION, seconded by Susan Haltmaier, to agree
with the Town Manager's recommendation not to participate in the Early Retirement Incentive Program.
Vote approved 4-1. Donald Stewart opposed.
Old Center Traffic Improvement Project: The Town Manager stated that the Town is slated to receive
under the Merrimack Valley Planning Organization Transportation Improvement Program, partial funding
in FY04 for traffic improvements in the old center. Should that money become a reality, the Town needs
to be in a position to proceed immediately to bid and contract for the project. In order to do so, it is
necessary for Mass. Highway to complete their review and approval process that, unfortunately, has not
been proceeding in a timely basis. As such, the Board is requested to sign the enclosed letter asking that
Mass. Highway move forward with their review as quickly as possible.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to sign the letter asking that Mass.
Highway move forward with their review for the Reconstruction of Common Area, Mass. Highway Project
No. 602736. Vote approved 5-0.
Solid Waste Advisory Committee: The Town Manager stated that the Board of Selectmen never
formally authorized the Town's Solid Waste Advisory Committee nor was a specific charge given to them.
To address this deficiency, the Solid Waste Advisory Committee drafted a Mission and Charge Statement
for the Board's consideration. The Town Manager recommended that it be approved with one
modification: short term goal #7 be changed to read "Advise the Board of Selectmen about the benefits
and costs associated with various programs that encourage waste reduction, reuse and recycling and
assist in implementing programs approved by the Board".
Also, the Board is asked to approve a listing of current members who should be officially appointed by
the Board to specific terms in order to provide for staggered three-year terms in the future.
Dianne Osgood 22 Dana Street 1-yearterm
Jenny Pickett 90 Boston Street 1-yearterm
Joan Kulash 55 Bradstreet 3-year term
Judi Letourneau 281 Sutton Street 2-year term
Board of Selectmen September 9,2002 3
Karen Kline 55 Cricket Lane 3-year term
Steve Daly 162 Bradford Street 2-year term
Tina Klein 149 Coachmans Lane 3-year term
Darren Ross 2 Walker Road 2-year term
EX OFFICIO MEMBERS:
Selectman Susan Haltmaier
DPW Director William Hmurciak
James Xenakis made a MOTION, seconded by Donald Stewart, to adopt the North Andover Solid Waste
Advisory Committee Draft of Mission and Charge as recommended by the Town Manager with suggested
changes and also to officially appoint the current members. Wendy Wakeman AMENDED the original
MOTION, seconded by James Xenakis, to make additional changes in the Mission Statement on page 1,
paragraph 5, to eliminate the word "municipal" and add "by the residents of North Andover". Vote
approved 4-1. Susan Haltmaier opposed due to her involvement with the committee.
Commission of Housing Issues: James Xenakis read the Resolution establishing a Commission on
Housing Issues and appointees to the Board of Selectmen. See attached document, Exhibit A.
James Xenakis made a MOTION, seconded by Donald Stewart, to approve the Resolution establishing a
Commission on Housing Issues. Vote approved 5-0.
Appointed to this Ad Hoc Committee were:
Planning Board Representative: George White
Zoning Board of Appeals Representative: William Sullivan
Housing Authority Representative: Keith Mitchell
Community Preservation Commission Representative: Susan O'Brian
At Large Members: Thomas Zahoruiko, 185 Hickory Hill Road
Paul Kelly, 17 Crossbow Lane
Lisa LaGrasse, 125 Dale Street
Joel E. Hohenberg, 60 Hillside Road
Request for Proposals -Land for Future Fire Station: The Town Manager and Chief Dolan of the Fire
Department presented a modified draft of Request for Proposals for the Town's attempt to seek land for a
possible future fire station. The Board was asked to approve the changes made on page 5, 7.3 that will
establish a price ceiling for a 1.25-acre lot with 150' of street frontage.
After a discussion, Susan Haltmaier made a MOTION to approve the modified draft of Request for
Proposal. MOTION FAILED for lack of second.
FY03 Budget: The Town Manager informed the Board that new information about a shortfall in
anticipated motor vehicle excise tax receipts in FY02 would have an impact on FY03 local receipts
projections. The potential budget deficit amounts to $339,000. The Town Manager had provided the
Board with several options as well as a recommendation. The recommendations are as follows:
1. Utilize the current balances in the Stabilization Fund.
2. Defer action until other reserve amounts are certified (Free Cash, New Growth).
3. Implement a spending freeze equal to the amount of the projected deficit until other
reserve amounts are determined (Free Cash, New Growth). Upon approval by the
Town Manager, existing vacancies could be filled upon demonstration by the Division
that they could meet their freezing target and still have money available for hiring.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve recommendation 3
implementing a spending freeze until other reserve amounts are certified. Vote approved 5-0.
Board of Selectmen September 9,2002 4
Foxwood Development Settlement Agreement: The Town Manager submitted documents relating to
the settlement agreement with the developer of Foxwood Subdivision. Town Counsel, Thomas Urbelis,
recommended that the Board approve the settlement agreement and accompanying exhibits and
easements and to authorize the Town Manager, as new representative, to sign all documents on behalf of
the Board of Selectmen.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to authorize the Town Manager to sign
the Foxwood Subdivision settlement agreement and any accompanying exhibits and easements on the
Board's behalf. Vote approved 5-0.
NEW BUSINESS:
Department of Public Works Reorganization: The Town Manager recommended that the Board of
Selectmen approve the proposed reorganization of the Division of Public Works. The Town Manager
presented the Board with a memo and organizational chart with the proposed changes. The
reorganization will clearly delineate the operations and internal management controls that have been
perceived to be lacking in certain instances in the past.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to approve the reorganization of the
Division of Public Works submitted by the Town Manager. Vote approved 5-0.
Designer Selection Procedures: The Town Manager submitted a memo from Town Counsel, Thomas
Urbelis, recommending that the Board of Selectmen adopt the Designer Selection Procedures in
accordance with MGL c7, s38A'h-O. The procedures have been adapted for the Town of North Andover
with the Town Manager designated as the awarding authority.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the recommendation for
Designer Selection Procedures in accordance with MGL c7, s38A'h-O. Vote approved 5-0.
TOWN MANAGER'S REPORT:
The Fire Chief informed the Town Manager that his request for a "women's only list"from Civil Service
has been denied, and he will be proceeding with a regular civil service list to fill a vacancy in his
department.
On Thursday, September 5, 2002, the Town Manager met with Finance Director Chuck Benevento,
School Superintendent William Allen, and School Business Officer Paul Szymanski to discuss computer
network security, FY03 budget issues, the early retirement program and other related items.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by Wendy Wakeman, to adjourn the meeting at 9:00 PM.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
James M. Xenakis, Clerk of the Board