Loading...
HomeMy WebLinkAbout2005-01-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JANUARY 24, 2005 CALL TO ORDER: Rosemary Connelly Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Wendy Wakeman; James Xenakis; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. Donald Stewart was absent. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Wendy Wakeman, to move into Executive Session to discuss Pending Litigation and Real Estate Matters. Vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. James Xenakis yes; Mark Caggiano yes; Wendy Wakeman yes, and Rosemary Smedile yes. Vote approved 4-0. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the Open Session Minutes of December 20, 2004. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Joyce Bradshaw Town Clerk administered the Oath of Office to the following new police officers: Robert Barter, Justin Collins and Mark Wilson Wendy Wakeman made a MOTION, seconded by James Xenakis, to appoint Margaret Barrett to the Solid Waste Advisory Board. Vote approved 4-0. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the Town Manager's appointment of Lincoln Daley as the Town Planner. Vote approved 4-0. The Lawrence Exchange Club will be honoring public safety officials at their Awards Banquet on Thursday, January 27, 2005 at the Wyndam Hotel. North Andover Police Officer, Jay Staude and Fire Lt. Thomas Casale will be recognized for their heroic performance of public safety. Selectman Mark Caggiano reported that the Solid Waste Advisory Committee has managed for the first time in recent memory has reduced the amount of its waste stream by a small 1 percent. Caggiano credited the town's new recycling initiatives. Chief Dolan said that the downtown Clock is broken; he has an estimate of$3,000 for repairs. Chief Dolan would like to raise funds through donations. Please send to North Andover Clock Fund. CONSENT ITEMS: Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to accept a donation from Rohm and Haas presented to the North Andover Fire Department in the amount of$1,500 on behalf of the Merrimack Valley Planning Committee. Vote approved 4-0. OLD BUSINESS: C I P FY06-10. The Town Manager gave a revised general fund capital improvement budget (CIP) based on the discussions with the Board at their last meeting. The changes included the transfer of$650,000 for the Police Station instead of the design of a future Fire Station, adding $250,000 for System Wide Technology Improvements for the School Department, and based on corrected information regarding the Mosquito Brook drainage project, Rees is recommending that the project also be funded in FY06 at a cost of$52,000. Board of Selectmen Minutes January 24, 2005 2 Wendy Wakeman made a MOTION, seconded by James Xenakis, to endorse the Town Manager's recommended (CIP) as presented but to reserve the right to revisit it if appropriate and send it forward to the Finance Committee for their review. Vote approved 4-0. Water Enterprise Fund (CIP) FY06-10. The Town Manager presented the Water Enterprise (CIP) FY06-10 and recommended the following items for FY06. $215,000 to upgrade the Water Supply Security System, $600,000 for the Lake Outlet Structure, and $525,000 for Bear Hill Reservoir Upgrade. The Board asked for additional information regarding these upgrades by their next meeting. Preparation for Special Town Meeting, February 7, 2005. The Town Manager presented a revised floor plan of the proposed new police Station. This plan has cut three rooms, a gym, a training room and a conference room, trimming an additional $171,000 off the cost of the building. With all cost-saving measures and some additional funding, the price tag has gone from $9.1 million to $7.3 million. If the present police station and land were sold for about $900,000, the final cost would be $6.5 million. James Xenakis made a MOTION, seconded by Wendy Wakeman, to endorse the revisions as presented for the Police Station with the elimination of the training room, the gym, and one conference room, cutting an additional $171,000. Vote approved 4-0. Mark Rees told the Board that he would like to inform all residents by way of a flyer/mailer with a brief summary of the police station and the Special Town Meeting on February 7, 2005. Wendy Wakeman made a MOTION, seconded by James Xenakis, to authorize the Town Manager to mail out the flyer to all town residents. Vote approved 4-0. Chief Stanley announced that the Police Station would be holding an Open House for the next two Saturdays, on January 29, and February 5, 2005, from 10 a.m. to 2 p.m. so that residents can tour the facility and decide for themselves if a new police station is needed. Joyce Bradshaw Town Clerk said the last date to register to vote is Friday, January 28, 2005, for the Special Town Meeting on February 7, 2005. Tax Increment Financing Agreement, 1600 Osgood Street. This item was TABLED because attorneys could not meet because of inclement weather. Underground Utilities Easement (Old Center Project. Ray Santilli Assistant Town Manager asked the Board to approve and sign the utility easement agreements for both Comcast and Massachusetts Electric. Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve and sign the utility easement and agreements for Comcast and Massachusetts Electric. Vote approved 4-0. NEW BUSINESS: Public Safety Personnel Appointment Process. The Board discussed options on how the positions for Police Chief and Fire Chief are chosen and what the alternatives were other than going through Civil Service. The main reason for removing the positions from civil service is to ensure that the Town can select future candidates from the largest pool possible thereby ensuring that the most qualified persons will fill these important positions. The Board of Selectmen would not be restricted to choosing among the top three scorers on a civil service test. The Board would have the discretion to create the selection/hiring process itself, perhaps, tailoring it to the Town's specific needs. Board of Selectmen Minutes January 24, 2005 3 The Board received advice and comments from Labor Counsel for steps to take for removing the Police Chief and Fire Chief under the current system of Civil Service and having the Town Manager as the appointing authority with the Board of Selectmen as the final approval over both positions. Chief Dolan said that Civil Service serves a purpose and if the Town does not want to use this service, what would the Town use as an alternative. Chief Stanley said there is stability in the area of public safety departments, police and fire in this Town. Civil Service is outdated when it comes to promotions. There are all sorts of alternatives such as Assessment Centers. An assessment board would put an individual through basic homework assignments, such as problem solving, questions, handling priorities, negotiation skills, meeting deadlines, and this information is brought back to the board. There are issues with removing individuals that were hired through Civil Service that have been protected by grandfather clauses. There are many issues with Civil Service that has outlived its usefulness. Chief Dolan said that five years ago the Fire Department did look into an assessment service to fill one Lieutenants position. The cost associated with that was $10,000. The cost is what prevented us going forward with this type of tool. There is no cost associated with the Civil Service examination. Ray Santilli said that if you take away Civil Service for promotional services, you must come up with an acceptable means such as an assessment center associated with a cost. The Town could administer an independent test. Selectman Xenakis would like to focus attention on who the appointing authority should be and not look at doing away with Civil Service at this time. Wendy Wakeman asked the Town Manager to talk about this at the board's next meeting along with a good timeline of what the Town would have to do for the specific item, which is to investigate the non Civil Service process. Xenakis wanted to add what options are available in regards to the other matters discussed tonight. Chapter 61 A, Right of First Refusal, Review of Recent Court Cases. Thomas Urbelis Town Counsel said that under the G.L. ch. 61A§ 14, the Town has a first refusal option to meet a bona fide offer to purchase property which is in agricultural or horticultural use and which is being sold. The Supreme Judicial Court found against the Town of Franklin requiring the Town to go through the process of determining the number of lots in the subdivision in order to arrive at a purchase price of the property. This decision puts an enormous burden upon municipalities, which want to acquire such property. The court seemed to acknowledge this burden when it said "this is a consequence stemming from the nature of the obligation imposed by the statute, until such time as the Legislature chooses to amend the statute to state differently." Town Counsel recommended that the Board bring this issue to the Town's elected representatives for legislation, which would provide relief to municipalities from the burden imposed by the statute as written and interpreted. Wendy Wakeman made a MOTION, seconded by James Xenakis, that the Board directs the Town Manager to send a letter to the Town's elected representatives requesting that they enact legislation revising Mass. General Laws Chapter 61 A, Section 14 to remedy the burden placed upon municipalities as a result of the Supreme Judicial Court's January 4, 2005 decision in Town of Franklin v.Wylie. Vote approved 4-0. Board of Selectmen Minutes January 24, 2005 4 Resale of Affordable Unit at Kittredge Crossing. A two-bedroom unit at Kittredge Crossing 40B development is in the process of being resold. In accordance with the deed rider provisions of this development, the affordable unit must first be offered to the Town of North Andover as we retain the right of first refusal on this project within thirty days as of January 19, 2005. If the Board does not exercise its right of first refusal then CHAPA Citizens' Housing and Planning Association is responsible for taking measures to ensure it is sold to an eligible purchase defined by the applicable income criteria. The Board asked for a recommendation from the Housing Partnership Committee on this matter. Town Manager/Board of Selectmen Project List. As requested by the Board, the Town Manager presented a list of projects that he continues to work on. The Board and the Town Manager were to review prioritize the projects. TOWN MANAGER'S REPORT: The North Andover Cable Access Corporation will be conducting an open house at their facility at the High School on Monday, January 24, 2005 from 6:00 PM to 8:00 PM. The Town has received a credit of$1,520 on its Property and Liability insurance for its participation in this cooperative insurance program administered through the Massachusetts Municipal Association. Director of Community Development and Services Heidi Griffin has successfully completed the Public Contracting Overview certification program offered by the Office of the Inspector General. On February 4, 2005, the Town will be sponsoring a Chamber of Commerce breakfast at the Stevens Estate. On January 18, 2005, Selectmen Smedile, Stewart and the Town Manager attended a meeting at 1600 Osgood Street where they participated in a presentation to Secretary of Economic Development Branch Kimbell on the importance of the revitalization of the Lucent Facility to North Andover and the region. The Town has been notified by the state that we are the recipients of a $1,869 grant from the state to promote public awareness of North Andover's recycling programs. Wendy Wakeman made a MOTION, seconded by James Xenakis, to reconvene Executive Session for Real Estate Matters at 9:30 PM and would not return to Open Session. Vote approved 4-0. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by James Xenakis, to ADJOURN the meeting at 9:45 PM. Adele J. Johnson Administrative Secretary Wendy D. Wakeman, Clerk of the Board