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HomeMy WebLinkAbout1999-04-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 5, 1999 CALL TO ORDER: Keith Mitchell called the meeting to order at 7:00 p.m. ATTENDANCE: The following were present: Keith A. Mitchell, Chairman; William Duffy; John R. Leeman, Jr.; Donald B. Stewart; James M. Xenakis; Robert J. Halpin, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by William Duffy,to move into Executive Session to discuss Tarah Leigh versus the Town of North Andover and the Department of Public Works contract; vote approved 5 — 0. The Board of Selectmen was individually polled and each voted to move into Executive Session. The Open Session was reconvened at 7:30 p.m. APPROVAL OF MINUTES: William Duffy made a MOTION, seconded by John Leeman,to approve the amended Minutes of March 29, 1999; vote approved 5 — 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Letter of Appreciation to North Andover Police, Fire and Highway Departments. The Town Manager stated that a letter was received from a resident commending the departments. He noted that the departments worked very well together. Proclamation in Support of National Child Abuse Prevention Month. The Town Manager said this is being coordinated between the Greater Lawrence Community Action Council and the Exchange Club and he recommended that this proclamation be adopted. John Leeman made a MOTION, seconded by James Xenakis,to proclaim the month of April National Child Abuse Prevention Month; vote approved 5 — 0. Capital Improvement Planning Committee Resignations. The Town Manager stated that this Committee was appointed by the Board of Selectmen that has attempted to carry out a review of the North Andover High School Feasibility Study. John Leeman made a MOTION, seconded by Donald Stewart,to accept their resignations with regret and send letters of thanks; vote approved 5 — 0. U.S. Postal Service Update. The Town Manager said that because of site limitations,the post office will locate a distribution facility at the airport but maintain a retail outlet downtown. John Leeman noted that the Post Office is leasing the land from the Lawrence Municipal Airport and the Town is not receiving sufficient tax revenue. The Town Manager said he would follow-up with Town Counsel. Board of Selectmen Minutes April 5, 1999 Page 2 D.E.P.Water Testing—Lake Cochichewick. The Town Manager said the D.E.P. will be conducting water testing at Lake Cochichewick for mercury this Spring. He believes results will be available sometime in the summer. Annual Town Meeting. Keith Mitchell reminded the audience that the annual town meeting will be held on May 3, 1999 at North Andover High School. He also said it will probably continue to May 4, 1999. CONSENT ITEMS: Request to use Town Roads—Northeast Bicycle Club. John Leeman made a MOTION, seconded by Donald Stewart,to approve this request; vote approved 5 — 0. SCHEDULED HEARINGS AND APPOINTMENTS: Excluding Potions of Water and Sewer Debt Service from Maximum Tax Levy(G.L. Chapter 59, Section 21C). The Town Manager presented a review of property tax debt exclusion for water and sewer debt service. He said a Town has the authority to add water and sewer debt service to the tax levy outside the limit established by proposition 2 ''/2. A municipality has choices of raising all property owners taxes or only residential owners. The portion on debt must be specified as a percentage, a specific dollar amount or the residential share of such portion. Once adopted, the exclusion remains in effect until changed by the Board of Selectmen and applies to all tax payers not just those on the water and sewer system. The eligible debt includes the Town portion of water and sewer debt plus the Town's own debt net of betterments and federal and state reimbursements. The Board of Selectmen must reduce water and sewer charges by the amount of the additional taxes assessed. They must certify that this reduction has been made to the Board of Assessors. The Town Manager reviewed projections of current debt for sewer. He said sewer extensions are supported in part by a 20%Betterment Assessment to owners and the remaining 80%was to be financed through sewer rates. Other sewer debt includes the Inflow and Infiltration project and other miscellaneous projects. In regard to the Inflow and Infiltration project,the Town is under a D.E.P. Enforcement Order. The Town Manager presented an overview of current water system debt service. He said that five other communities in the Commonwealth have exercised the option of payment of water and sewer debt through property taxes. He also presented 20 case studies involving various home values and consumption. Public Input and Board Discussion. Keith Mitchell stated that the Board is attempting to look at all alternatives to pay for projects. John Leeman questioned whether the other communities on this proposed tax levy were totally on water and sewer. Water Betterments Policy will be discussed at a future meeting. Approximately 90%of residents are on water and 60%on sewer. A number of residents voiced their opposition to shifting the sewer debt to property tax levy. The reasons included the fact that many residents are on wells and/or septic and the Town does not pay for installation or repair of these systems, many citizens take a standard tax deduction and would not take advantage of any tax break and there would not be any reason for residents to conserve water usage. Board of Selectmen Minutes April 5, 1999 Page 3 No residents at the meeting were in favor of the shift. William Duffy spoke in favor of this shift, stating that the residents should take advantage of the U.S. Government's contribution of$280,000 for every million dollars spent. He said that over time this proposal would work out. He also said it was a way to extend the sewer system further in the Town. He believes that the people should be supporting this and this is a public benefit. Donald Stewart made a MOTION, seconded by James Xenakis,to table (trash)the proposal to exclude portions of the water and sewer debt service from the maximum tax levy; vote approved 5 — 0. NEW BUSINESS: Colonnade Condominiums—Abandoned Sewer Easement. The Town Manager stated that Manuel Rabbitt who represents the Trust that owns the Colonnade Condominiums has indicated that there was a sewer easement granted to the condominiums and the Town. The easement was not used but is now affecting the condominium's ability to secure a bank loan. The bank wants the Town to release its interest in the easement. This requires a Town Meeting vote. The Town Manager said it would require a unanimous vote by the Board to reopen the warrant. Willaim Duffy made a MOTION, seconded by Keith Mitchell(passed the gavel); vote defeated 3 —2 (John Leeman and James Xenakis opposed). John Leeman stated his concerns and said he would be more comfortable to wait one week and contact all concerned parties. John Leeman made a MOTION, seconded by James Xenakis,to table this agenda item until the Board of Selectmen's meeting on April 12, 1999; vote approved 5 — 0. Public Works Economic Development Grant—Rt. 114 Corridor Plan. William Scott, Director of Planning and Community Development, presented an overview of this project. He said it would provide the Town with a definitive plan for the managed growth of Rt. 114. The grant is in the amount of $381,000 and is competitive. John Leeman made a MOTION, seconded by Donald Stewart,to forward the application to the Executive Office of Transportation and Construction; vote approved 5 — 0. OLD BUSINESS: FY 2000 Budget. Finance Committee Recommendations and Proposed Modifications to Selectmen's Recommendations. The Town Manager discussed the Finance Committee's operating budget and capital improvement recommendations. The Finance Committee increased the estimate of state aid to be received by$107,000. They reduced two School Committee requests; one is a technology upgrade and the automation of three elementary libraries. The Finance Committee also reduced the request for the replacement of a jeep for the Fire Department and reduced the liability insurance. The total impact was $385,000. They recommended that those funds be channeled into the school department's requests, funded additional hours for the Health Department's nurse and increased the Council on Aging request for a volunteer coordinator. Board of Selectmen Minutes April 5, 1999 Page 4 The Town Manager recommended the Board accept these changes. James Xenakis made a MOTION, seconded by Donald Stewart,that the Board of Selectmen accept the recommended changes made by the Finance Committee to the operating budget; vote approved 5 — 0. Supplemental Budget Recommendations Contingent upon Override. The Town Manager discussed the Finance Committee's recommendation of a supplemental budget to Town Meeting contingent upon an override. The Committee recommends two separate questions for supplemental funding. The first is to fund the School Department with an additional $790,300 and the other is to fund the Fire Department for an additional $402,000 in direct salaries for the additional eight positions needed to staff the second ambulance and restore the deputy chief's position. Keith Mitchell stated that he feels that there should only be one question not two as recommended by the Finance Committee. John Leeman made a MOTION, seconded by James Xenakis,to supplement the FY 2000 budget by an additional $1,192,300, $790,300 for the School Department and$402,000 for the Fire Department. This portion of the appropriation to be contingent upon a subsequent Proposition 2 '/2 override if the appropriation is approved by town meeting; vote approved 3 — 1 — 1 (William Duffy opposed, Donald Stewart abstained). Water and Sewer Operating g BudgBudgets and C.I.P. John Leeman made a MOTION, seconded by James Xenakis,to table this agenda item until April 12, 1999;vote approved 4— 1 (Donald Stewart opposed). ADJOURNMENT: John Leeman made a MOTION, seconded by James Xenakis,to adjourn the meeting at 10:20 p.m.; vote approved 5 — 0. Ann M. Keating Administrative Secretary John R. Leeman, Jr., Clerk of the Board