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HomeMy WebLinkAbout2005-07-11 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 11, 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; Donald B. Stewart; Mark J.T. Caggiano; Thomas Licciardello; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. James Xenakis was absent. EXECUTIVE SESSION: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to move into Executive Session to discuss Collective Bargaining with Union Employees and Non Union Employees and Pending Legal Matters. Vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Donald Stewart yes; Mark Caggiano yes; Thomas Licciardello, yes, and Rosemary Smedile yes. Vote approved 4-0. APPROVAL OF MINUTES: Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the following Minutes: May 23, 2005 Executive Session; June 13, 2005, Executive and Open Session; June 27, Open Session. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Certificate of Appreciation —Grogan Playground Certificates of Appreciation were presented to the Grogan Playground Volunteers. Joyce Smith, Doreen Cheverie and Lauriann Messina were the primary individuals who solicited donations, designed the playground, and organized volunteers to assemble and erect the equipment at Grogan Playground. Letters of appreciation will be sent to the companies, families, and individuals who donated money, equipment, supplies or their time in this effort. Certificate of Appreciation —Lions Club of North Andover A Certificate of Appreciation was presented the Lions Club for their donation of$2,500 to the Friends of the Senior Center for the purchase of 125 new chairs. William Murphy, president of the Lions Club accepted the Certificate. Town Manager Appointments The Town Manager recommended the following to be appointments to the Board and Committees: Alberto Angles, Jr. Planning Board three years Richard Rowen Planning Board Associate three years Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the Town Manager's recommended appointments. Vote approved 4-0. Board of Selectmen Appointments The Board of Selectmen's sub-committee has recommended the following partial list of appointments to Boards and Committees. George Johnson Cable TV Committee three years Frank H. Dushame Commission on Disability Issues two years Board of Selectmen Minutes July 11, 2005 2 Louis Napoli Conservation Commission three years Albert Manzi, Jr. Conservation Commission three years Ronald Pollone Constable three years Richard Gramly Old Center Historic District Comm three years Alternate to Regular Member Joseph M. Piotte Old Center Historic District Comm. three years Alternative to Regular Member Josephine Rossello Solid Waste Advisory Committee one year Albert F. Cullen Stevens Estate—Board of Trustees three years William E. Hansen Stevens Estate—Board of Trustees three years Martha Larson Stevens Estate—Board of Trustees three years David R. Webster Zoning Board of Appeals three years Associate to Regular Member Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the recommended appointments by the sub-committee. Vote approved 4-0. Raymond Santilli Assistant Town Manager requested the Board to formally appoint Sean Daley as a Reserve Officer effective July 11, 2005. Also to formally appoint all of the other previously appointed candidates. Mark Caggiano made a MOTION, seconded by Donald Stewart, to appoint Sean Daley, Patrick M. Noonan, Thomas H. Boettcher, Brian Faye, Jason R. Benenfant, Sean J. Daley, Stephen M. Diminico, Eric J. Sewade, Joseph A. Shola, Jr., Jarrad J. Lawlor, Brendan J. Gallagher, Jason K. Wedge, and Christopher G. Ferguson as Reserve Officers effective July 11, 2005. Vote approved 4-0. Supreme Court Decision Update— Eminent Domain Town Counsel Thomas Urbelis presented a brief update on a U.S. Supreme Court 5-4 decision in Kelo v. New London. The U.S. Constitution under the 5th amendment permits the practice, in which governments must fairly compensate residents for their homes, as long as it is done "for public use." Common examples include the construction of highways and railroad lines. The decision expanded the definition of"public use"that included private development that could bring in more tax dollars than the houses on the same land. The plaintiffs in the case were 15 homeowners who argued that their homes in New London, Conn., should not be taken in the city's effort to economically revitalize the area. Mark Caggiano said this decision could pave the way for local government to take control of people's homes and hand them to developers. As local government leaders we need to be careful of what we do with this new decision. Caggiano remembered the story of Boston's West End neighborhood, which was razed by the city amid a hail of controversy to build two large condominium towers. Such projects, he added, might seem attractive for short-term gain while harming the people they are supposed to help. CONSENT ITEMS: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the request from the Special Olympics of Massachusetts to use town road for the 1 st Annual Ride with Champions on Saturday, September 17, 2005 between 12:00 and 3:00 PM. Vote approved 4-0. Board of Selectmen Minutes July 11, 2005 3 Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the request from Elder Services of the Merrimack Valley to hold the Annual Walk/Run on town roads on Sunday, September 18, 2005 beginning at 9:45 AM. Vote approved 4-0. Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve the request from the Lions Club of North Andover to change of date for the Circus Fundraiser to Saturday, July 23, 2005 with shows at 3:00 PM and 5:30 PM. Vote approved 4-0. OLD BUSINESS: Water& Sewer Rates FY06 The Town Manager presented alternative water/sewer rate proposals taking into account retained earnings of either 5% or 10% while keeping the quarterly base change for meters at the present rate of $7.82. Also presented were options for senior citizen discounts and/or low-income discounts as well as implementation issues, and a briefing of the circuit breaker tax credit for the elderly on their income taxes. Selectman Stewart tried to reduce or eliminate the reserve account, which he believes is largely unnecessary. Rather than banking 10% of the money the town takes in from water bills, Stewart suggested that margin should be 5%. The savings could then be passed onto water customers. But other board members felt it would be safer to have the money in hand in case anything did happen to the town's water system. Selectman Caggiano and Licciardello both agreed that the town needs money in the savings account for emergencies due to a water main break. The Board also looked at several options for giving senior citizens a break on their water bills. Information is available to seniors about low-income assistance programs for utilities and tax breaks are already in place. Mark Caggiano made a MOTION, seconded by Thomas Licciardello; to set the water/sewer rate to a two- tier system with a 10% retained earnings as recommended by the Town Manager. Water rate 0-20 ccf/qu $3.39; Sewer$3.81; over 20 ccf/qu irrigation $5.30; Sewer$5.49. Vote approved 3-1. Donald Stewart opposed. Selectman Donald Stewart made a MOTION, seconded by Mark Caggiano, to set aside $10,000 for a complete audit for the Water and Sewer billing system. This would ensure that all residents and businesses are paying their fair share of water. Public Works Director William Hmurciak said there were probably a few homeowners that didn't pay their water bills, but did not think it was a widespread problem. Donald Stewart TABLED the MOTION and wait for a report and more information from the DPW. Old Center Traffic Improvements The Board was asked to approve and sign an Amendment to the Traffic Control Agreement for the proposed Old Center Roadway Project and an Amendment to the Town traffic ordinances prepared by Town Counsel for the purpose of the Selectmen's enacting the Specific Provisions Section detailed in the Traffic Control Agreement. Mark Caggiano made a MOTION, seconded by Donald Stewart, to approve and sign the Amendment to the Traffic Control Agreement for the proposed Old Center Roadway Project. Vote approved 4-0. Donald Stewart made a MOTION, seconded by Thomas Licciardello, to approve and sign the Amendment to the Town traffic ordinances prepared by Town Counsel for the purpose of the Selectmen's enacting the Specific Provisions Section detailed in the Traffic Control Agreement. Vote approved 4-0. Board of Selectmen Minutes July 11, 2005 4 State Revolving Fund Project Closeouts The Board was requested to authorize the Town Manager to execute and sign all of the relevant documents. Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to authorize the Town Manager to file applications and execute agreements for the Department of Environmental Protection for processing the paperwork for final closeout of loans for various sewer projects constructed in the Town of North Andover. Vote approved 4-0. NEW BUSINESS: Sutton Hill Water Reservoirs Director of Public Works William Hmurciak and Water Department Superintendent Dennis Bedrosian provided recommendations from the engineering firm of Weston and Sampson regarding the leakage issues at the Sutton Hill Reservoirs. The storage tanks appear to be leaking 17,000 gallons of water per day. Steve Kingsley of 120 Sandra Lane along with other residents Paul D. Gilboard and Amy Turk has petitioned the town for relief. The problem is serious and needs to be taken care of sooner rather than later. All of the neighbors are experiencing problems in their backyards. Town Manager Mark Rees said the best fix is to replace the two reservoir tanks with concrete ones. That would cost around $3 million. The project would likely be paid for out of the town's capital improvement budget, which is used to pay for infrastructure improvements. Selectman Donald Stewart asked if the Board needed to have Town Meeting approval to fix the water system in an emergency. William Hmurciak said he might be able to transfer$100,000 from another account after checking with DOR to start the process. Mark Caggiano made a MOTION, seconded by Donald Stewart, to transfer and use $100,000 and seek DOR approval for the repair of the Sutton Hill storage tanks. Vote approved 4-0. TOWN MANAGER'S REPORT: The Fire Department has received a grant in the amount of$3,926 from the Massachusetts Executive Office of Health and Human Services for the continuation of the Child Safety Seat program, which is administered by Firefighter Elizabeth Iminski. Mark Caggiano made a MOTION, seconded by Donald Stewart, to accept the grant in the amount of $3,926 from the Massachusetts Executive Office of Health and Human Services for the continuation of the Child Safety Seat program. Vote approved 4-0. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:50 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board