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HomeMy WebLinkAbout1999-10-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 12, 1999 CALL TO ORDER: Keith Mitchell called the meeting to order at 7:30 p.m. ATTENDANCE: The following were present: Keith A. Mitchell, Chairman;William B. Duffy, Jr.; John R. Leeman, Jr.; James M. Xenakis; Robert J. Halpin, Town Manager; (Donald B. Stewart not present). COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Trick or Treat Hours. Keith Mitchell reminded residents that the Halloween hours are on October 31, 1999 from 5:00 p.m. to 7:00 p.m. John Leeman suggested that it be posted on NATV. PUBLIC HEARINGS: Massachusetts Electric Company—Plan W53/140. Peter Glynn represented Mass. Electric. No residents attended. This plan is to install 44"PVC conduits with primary conductors encased in concrete on Waverly Road. John Leeman made a MOTION, seconded by William Duffy,to approve Plan W53/410; vote approved 4 — 0. Mr. and Mrs.William MacDonald who live on Waverly Road came late but wanted to discuss Plan W53/140. He said Mass. Electric is digging up his lawn. He also stated that JPI is working early in the morning and on Sundays,the construction trucks are causing a safety hazard and the dust this is creating is very offensive. John Leeman made a MOTION, seconded by James Xenakis,to instruct the Town Manager to send a letter to JPI, copying the City of Lawrence and Police Chief Stanley; vote approved 4— 0. John Leeman made a MOTION, seconded by James Xenakis,to amend the approval of Plan W53/410 and require that a representative of Massachusetts Electric meet with the MacDonald's; vote approved 4— 0. Massachusetts Electric Company—Plan 53/413. The plan is to install conduit and cable to cross Winter Street to pole 5145. James Xenakis made a MOTION, seconded by John Leeman,to approve plan 53/413; vote approved 4— 0. Massachusetts Electric Company—Plan 53/421. The plan is to place one pole (185/1537-1) John Leeman made a MOTION, seconded by James Xenakis,to approve plan 53/421 provided that the DPW condition of having the water and sewer lines marked before installation is completed; vote approved 4— 0. Massachusetts Electric Company—Plan 53/422. The plan is to install a pullbox and 1 — 3"PVC conduit 256' in length. Mr. &Mrs. Santo Bonacorso attended the meeting and questioned Mr. Glynn about the work. Board of Selectmen Minutes October 12, 1999 Page 2 John Leeman made a MOTION, seconded by William Duffy,to approve plan 53/422 subject to residents having access to their driveways by dark; vote approved 4— 0. LICENSING COMMISSIONERS: John Leeman made a MOTION, seconded by William Duffy,to move into Licensing; vote approved 4— 0. Keith Mitchell said that because Donald Stewart is on vacation, he would be acting Chairman of Licensing. Merrimack College, Cascia Hall. Ann Olemo is requesting a one-day all alcohol license for a birthday party at Cascia Hall, 315 Turnpike Street, on October 29, 1999, from 7:00 p.m. to 12:00 a.m.. The Board discussed the issue of TIP certified bartenders. William Duffy, made a MOTION, seconded by John Leeman,to approve subject to clarification as to whether the bartenders are TIP certified; vote approved 4—0. Mango Grille and Limbo Bar. Thelma and William Phelan, owners of Mango Grille, 585 Chickering Road requests the extension of their current hours of alcohol service on December 31, 1999 from 1:00 a.m. to 2:00 a.m. Keith Mitchell said it has been coordinated with the Chief of Police who does not have any objection. John Leeman made a MOTION, seconded by James Xenakis,to approve this request and as the Board approves other such requests, a letter be sent to the Chief of Police notifying him; vote approved 4— 0. One-Day Alcohol Licenses. Evy Gillette, Manager, Stevens Estate @ Osgood Hill, 723 Osgood Street, requests the following one-day liquor licenses: Gearhart Wedding October 16, 1999 5:30 p.m. — 11:30 p.m. all alcohol St. Augustine's October 23, 1999 7:00 p.m. — 12:00 a.m. all alcohol Tousant-Halloween Bash October 29, 1999 6:00 p.m. — 12:00 a.m. all alcohol Beekman Wedding October 30, 1999 4:00 p.m. — 12:00 a.m. all alcohol John Leeman made a MOTION seconded by James Xenakis,to approve the above one-day liquor licenses; vote approved 4— 0. James Xenakis made a MOTION, seconded by John Leeman,to move out of Licensing; vote approved 4 — 0. APPOINTMENTS: James Xenakis made a Motion, seconded by John Leeman,to appointment Martha Salisbury to the Board of Resgistrars and send a letter to Mary Windle thanking her for her many years of service; vote approved 4- 0. OLD BUSINESS: Department of Telecommunications &Energy. The Town Manager said that a request for a waiver was denied by DTE. The Town Manager said that Open Access allows a user to choose their own internet provider without having to pay for the internet provider provided by Media One. He said there are two Board of Selectmen Minutes October 12, 1999 Page 3 parties, one being Media One the other being representatives of AOL, who are willing to come to the meeting on October 18tH The Special Magistrate held regional meetings and issued a report to issuing authorities. The Board has until November 11, 1999,to either act to approve or disapprove the transfer of the license. William Duffy said it is an excellent report that deals with difficult issues. He also said that rates for Haverhill have increased at a greater rate than the cost of living increases. He would like to invite the parties to come to the Board meeting on October 18tH FY 2000 Budget: The Town Manager recapped the discussion held at the Board of Selectmen's meeting on October 5th. (See Minutes of October 5, 1999). John Leeman asked what assumptions were being used regarding non-recurring numbers and what is being done to prevent this from happening again. The Town Manager said he believed assumptions were made at the start of the budget process and the Department of Revenue would sign off on it. He said that a policy is being incorporated whereby the total local budgeted receipts should be no more than what they were two years prior and look at each component and assure that the budgeted amount is never more than the lower of two years. William Duffy commented that on average, in the last three years the budgeted revenue has been approximately$600 thousand more than what was generated. He said that conservative budgeting is essential. William Whittaker, member of the Finance Committee, said that the Finance Committee has considered all of the one-time items separately, and the Committee's recommendation has always been not to make it a sustainable revenue item. Unfortunately, it doesn't always work out that way. The Town Manager said he believes a Special Town Meeting is necessary and should be called for late November or early December to make some appropriation reductions. He further stated the reasons for these reductions are: lower than predicted property tax revenues stemming from new growth,the removal of an assumed transfer in Chapter 90 funds, and the elimination of a"nonrecurring revenue—bond premium." There are four areas in which transfers are likely to be made. They include: unbudgeted expenses to provide for the interim Finance Director, an error and omission to pay for custodial services, under budgeting for the conversion of the new revenue package, and a budget for supplies for the new ambulance was omitted. He said some of the reductions he would like to discuss are reducing the health insurance appropriation, workers compensation, bond issuance expense, unemployment expense, veterans' benefits. Approximately$75,000 in FY 2000 wages were charged to FY 1999. Other reductions would be in General Government, Public Safety and Public Works. The Town Manager also said that he believes that the Senate position will prevail regarding the State budget. William Duffy made a MOTION, seconded by John Leeman,to schedule a Special Town Meeting for December 6, 1999,and to hold the warrant open until October 18, 1999. Location of the Special Town Meeting to be determined; vote approved 4— 0. Water and Sewer Rate Study. The Town Manager reviewed the five-year trend for water estimates versus actuals. He said the last year a surplus was generated was 1996. The trends reported were without accruals. Board of Selectmen Minutes October 12, 1999 Page 4 John Leeman asked if the Town Manager had contacted Towns that had worked with Wes Gardner, Consultants to Management. The Town Manager said he came highly recommended. John Leeman made a MOTION, seconded by William Duffy,to award the Water/Sewer Rate Study to Consultants to Management; vote approved 4— 0. Policy Regarding Reporting Status of Legal Activity to Board of Selectmen. The Town Manager discussed the policy proposed by William Duffy. He stated that Town Counsel and he felt it would place an administrative burden on both of them. He suggested that a workable format be presented to the Board of Selectmen every quarter. Some of the appeals are routine. William Duffy said it wasn't his intent to place too heavy a burden on the Manager or Counsel. He said his focus is on two issues; one that it has to be absolutely clear that the power to enter an appearance in court rests with the Board of Selectmen and second,the Board should be involved in significant settlements. The Board decided that a meeting should be scheduled with Town Counsel to discuss this matter. NEW BUSINESS: Chapter 61A—Forgetta Family. The Planning Board is meeting on October 19, 1999 to discuss this and to meet with the owners. John Leeman made a MOTION, seconded by James Xenakis,to table this agenda item until October 25, 1999; vote approved 4— 0. Review Process and Requirements for Special Town Meeting. The Town Manager said there are two aspects to this. First,the warrant must be opened no closer than 45 days and no further away than 60 days from the Town Meeting. He stated that requests can be submitted at any time and do not have to wait for the warrant to be opened. Also, at a Special Town Meeting, no expenditure of funds shall be considered by the Town Meeting unless the Selectmen and the Finance Committee agree to allow that expenditure to be considered. In regards to calling, a debt exclusion vote, it takes a 4/5 vote of the Board. For an override vote, it takes a simple majority. An election can only be called by the Board except for an underride election which can be petitioned by a group of citizens. ADJOURNMENT: John Leeman made a MOTION, seconded by William Duffy,to adjourn the meeting at 9:45 p.m.; vote approved 4— 0. Ann M. Keating Administrative Secretary James M. Xenakis, Clerk of the Board