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HomeMy WebLinkAbout2001-04-30 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 30, 2001 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Rosemary Smedile; John R. Leeman, Jr.;William Duffy; Donald B. Stewart; Mark Rees, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Donald Stewart to move into Executive Session to discuss pending litigation with regards to Mesiti Development, pending litigation with GLSD and collective bargaining; vote approved 5 — 0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Chairman Xenakis stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Next Board of Selectmen meeting is next Monday, May 7, 2001, at 7:00 PM. Resolution of Appreciation to DPW, Fire, Police and Emergency flooding Management for flooding response. From March 22, 2001 through March 23, 2001,the Town of North Andover was deluged with over 5 inches of rain and large amounts of precipitation combined with the already existing heavy snow cover resulted in extensive flooding throughout the Town. The Board of Selectmen presented William Hmurciak, Director of the DPW, Chief William Dolan of the Fire Department, Chief Richard Stanley of the Police Department and John Coco of Emergency Management with Resolutions of Appreciation for the fine work each of their departments did in handling the flooding emergency. Cable Television-John Savastano. Mr. Savastano is unclear if the Board hired an attorney to assist the Cable TV committee in negotiating a new contract. Town Manager stated at a previous meeting the Town would prepare an RFP to solicit bids. John Savastano stated the committee has worked with Attorney Bill August and his firm is a premium firm dealing with Cable TV and his fees were very fair. John Leeman made a MOTION, seconded by Donald Stewart,to allow the Cable TV Committee to continue using Attorney Bill August, after checking his rates, as their preferred counsel; vote approved 5 — 0. John Leeman made a MOTION, seconded by Donald Stewart,to send a letter along with John Savastano's letter to AT &T Broadband expressing concerns with dealing with faulty equipment; vote approved 5 — 0. Drummond Park Softball Field. John Savastano stated the softball league is the only league that pays the recreation department to use the field. The backstop is gone,there are no benches and the fields are not in good condition. This field is a mess and the Town has equipment that can care for the fields. James Xenakis volunteered to work with the Town Manager in making a punch list to resolve issues like the backstop, benches, leveling the field at Drummond Field. The first full week in May the field will be needed. Rosemary Smedile wanted the Board to thank John Savastano for all his work volunteering on so many committees. PUBLIC HEARING Orchard Hill Road. This was continued from the last meeting because there was an error on the map not corresponding to the layout of the road and the issue has been resolved. William Duffy made a MOTION, seconded by Donald Stewart,to layout Orchard Hill Road; vote approved 5 - 0. Coventry Lane . This public hearing was continued from the last meeting. Attorney Daniel Black from the law firm of Chappell and White representing the developer Fleet Bank. Mr. Black stated the DPW had Board of Selectmen Minutes April 30, 2001 Page 2 approved the acceptance of this street on April 23, 2001,the Bank completed a punch list the DPW issued, and the bank complied with the street acceptance procedures as established by the Town. There is an issue with respect to tying the issue with the acceptance of the street with the acceptance of the pumping stations. The Bank does not have any right,title and interest in the pumping stations and is confused upon how the Board can tie the acceptance of the street to the acceptance of the pumping stations. During the last decade the Bank has maintained the pumping stations at a cost of hundreds of thousands of dollars and did not charge tie in fees or maintenance fees. Also, other developers tied into this stations and were not charged by the Bank or the Town. A corporation owned by Mr. Hatem still owns the pumping stations. The Bank has an easement to the use of the pumping stations and would and is willing to work with the Town to convey the easement. The Bank has no ownership in the pumping stations and you can't ask them to spend hundreds of thousands of dollars maintaining something they do not own. Town Manager Mark Rees asked what leverage would the Town have to make sure the pumping stations are going to continue to be maintained when they are turned over to the Town of North Andover. Attorney Black stated he thought the Bank would be willing to work with the Town to assist as the Bank has easements and would work as an intermediary with the owners of the pumping stations. William Hmurciak stated the pumping stations have been maintained by a vendor and there has not been any problems. The Town inspected these stations about 18 months ago and there were about 15 items on a punch list for each station that Mr. Hmurciak would want addressed before the Town would accept them for operation by the Town. Heidi Griffin, Town Planner, stated in general she doesn't think a pumping station is unrelated to a subdivision. The utilities that service the roadways are connected to the pump stations even though the pump stations serve other subdivisions. The Planning Board recommends unfavorable action. At the last Planning Board meeting the Planning Board asked to have a written agreement transferring the pumping stations to the Town. James Xenakis asked to see how much it would cost to bring the pumping stations up to spec. Hearing no motion this is an issue that will be brought back at another time. John Leeman made a MOTION, seconded by Rosemary Smedile,to keep the public hearing open until next week; vote approved 5 — 0. CONSENT ITEMS Merrimack Striders Road Race (David Leonard). Mr. Leonard told the Board the race is an annual event that is in the 23rd year. John Leeman made a MOTION, seconded by Donald Stewart,to approve the request of the Merrimack Valley Striders for a road race on July 4, 2001, from 7:00 AM-11:00 AM at the Old Center Common with the stipulations of the Fire Chief to provide portable restrooms and one handicap restroom; vote approved 5 — 0. LICENSING COMMISSIONERS John Leeman made a MOTION, seconded by Rosemary Smedile,to move into Licensing; vote approved 5 — 0. Den Rock Liquors. James Xenakis received a communication from William Burliss of Den Rock Liquors requesting to speak before the Board of Selectman to ask for a remand. At the original time of the vote there was not a full Board and James Xenakis abstained because there was a question with the State Ethics Law as to whether James Xenakis could vote or not due to his family holding a liquor license. At the recommendation of Town Counsel, James Xenakis submitted a letter to the State Ethics Commission and was told he was able to vote. For disclosure James Xenakis stated he would not participate in the vote this evening. Attorney William O'Brien of McDermott, Quilty, and Miller in Boston summarized the nature of Mr. Burliss's request. On October 2, 2000, when the Board voted, Mr. Duffy was not present for the vote. The petition was to change the location of the liquor license from the North Andover Mall on Winthrop Street to Peter Street . Board of Selectmen Minutes April 30, 2001 Page 3 The reason Mr. Burliss and Den Rock Liquors has asked the Licensing Commission to reconsider is first the passage of time about 7 months the matter has been making its way through the ABCC and two the finances of this. Den Rock entered into a lease at great expense they are pursing their rights and Den Rock is unable to operated a business and generate any income. Those are the reasons that prompted Mr. Burliss to send a letter to the Chairman of the Board of Selectmen asking to be on the agenda. John Leeman asked why not let the ABCC make a ruling. Attorney Quilty stated because we do not know when the ABCC will rule and the Burliss family has to continue making lease payments. James Xenakis stated on the initial vote that came up on December of 1999 he agrees with the comment that by law the Board couldn't vote to have the license renewed. There are two separate issues. One without location and now with location. James Xenakis stated the Board lives in North Andover and think this Board is the most qualified body to make a determination on this license on the merits of its application and does not think the ABCC should have jurisdiction on the license because the Board is capable of making a decision and should take the opportunity to do that given that the quickest way to resolution on this is not through the ABCC as there are avenues for appeal and ABCC is not the final arbitrator. In the interest in bringing this to a conclusion for the business owner and the Board, James Xenakis would support asking the ABCC to remand this back to the Board to consider and get this issue to conclusion. Michael Kettenbach stated that Market Basket had to expand the store but would let Mr. Burliss exist in half the space he had at a subsidized economic rate and would pay relocation costs. Mr. Burliss chose not to do that. Delta, Delta Realty Trust had a business decision to make with competitors and expanded the store. Mr. Burliss made the decision to take less space now at another location and would have had more space with Market Basket at a lower rate and wants the Board to feel sorry for his business decision and put the onus on the community and not on him. Mr. Kettenbach asked several questions as to how this item of Den Rock liquor appeared on tonight's agenda. James Xenakis stated he does not know why he was called over the Town Manager, but he is the person of record because he is the Chairman of the Board of Selectmen. James Xenakis stated two letters were received the first letter two weeks ago and the second letter last week from Mr. Burliss asking the Board to place this on the agenda for the hearing on Monday April 30, 2001. James Xenakis made a MOTION, seconded by William Duffy,to have Town Counsel Thomas Urbelis be instructed to request the ABCC remand back to the Town of North Andover Licensing Commissioners, without prejudice,the matter of the Den Rock Liquor License so that a public hearing can be scheduled to review the previous decision of the Board and further to have the Town Manager be instructed to enter discussion with Den Rock Liquors and the owners of the shopping center North Andover Ventures LP, for the purpose of addressing parking issues at the shopping center, including but not limited to provisions for off-site parking for employees,the hiring of a traffic engineer to redesign the parking lot to more effectively and efficiently use the lot, and effective monitoring and enforcement to prevent all day parking in the lot; vote approved 3-2 (John Leeman and Donald Stewart opposed). William Duffy stated he takes a pretty simple view of this situation and when someone has had a liquor license for a number of years as Mr. Burliss has, Mr. Duffy is in favor of supporting him. Rosemary Smedile asked if there were any violations against Mr. Burliss. In 31 years since the Burliss family has operated a liquor store in this town, he has one violation. James Xenakis made a MOTION, seconded by William Duffy,to move out of licensing; vote approved 5-0. OLD BUSINESS Hydrology Study: Mosquito Brook Watershed. At a previous board meeting,the Board heard from several residents concerning flooding in the Mosquito Brook watershed as a result of the heavy rains we experienced last month. As a result the Board directed that a third party expert be hired to conduct an independent review of the hydrology in the watershed. William Scott developed the scope of services for consideration. Board of Selectmen Minutes April 30, 2001 Page 4 John Leeman made a MOTION, seconded by Rosemary Smedile,to accept the scope of hydrology study for Mosquito Brook and targeted areas; vote approved 5 —0. NEW BUSINESS Boxford Street Traffic Issues. In March of this year,the Board received two letters from residents of Boxford Street, Judith Samuelman, Lisa and Steven Marshall, concerning speeding and traffic issues. As a result of those letters,the Board of Selectmen directed the Police Chief to prepare a report and review the concerns of the residents. The Board also received a letter from Michael J. Cronin raising safety issues relating to the town plans to construct playing fields and eventually a new school at Foster Farm. Police Chief Richard Stanley addressed the Board and stated he appeared before the Board a few months back and stated the Police Department had become strictly reactive, and has not been able to deal with traffic enforcement effectively in town, it was clear that the Police Department was tremendously understaffed in not being able to handle the growth in the town. The Board approved the COPS Grant that has (7)new police officers on the street. One of the priorities of the citizens' survey was that a priority would be placed on traffic enforcement in town. These officers are currently in the academy and graduate the first week in September, and upon graduation the Town of North Andover Police Department will have a traffic unit to assist the patrol sector cars on the street. The Police Department will do the best they can but can be much more aggressive when these seven new policemen are on the street. Sergeant Fred Soucy stated Boxford Street has always been an issue as other streets. Sgt. Soucy conducted traffic surveys on Boxford Street. Boxford Street is a two-lane road that travels from Salem St to the Boxford town line, approximately 1.5 miles long. The posted speed limit is 35 MPH and 40 MPH. The speed limit signs were found to be properly placed for east and westbound traffic. New stop signs should be placed at Candlestick Road and at Forest Street. There were 12 crashes from 1997 to the current date. Crashes were all days of the week and all months of the year; four crashes during morning commute and three crashes during afternoon commute. There were 93 motor vehicle stops on Boxford Street from 1997 to the current date for various violations but most for speeding. The Police Department has changed the way traffic violations are monitored. They are called into the station and recorded at the communications center with an incident number. Of the 93 motor vehicles stopped 35 were residents of North Andover, 30 from Boxford or North Shore Area and 27 from the Merrimack Valley. Of the 35 violators from Town,they resided on Abbot St, Boxford St, Stonecleave Rd, Kingston St, Candlestick Rd, Foster St., Stagecoach Rd., Forest St.,Wintergreen Lane,Wintergreen Dr., Sugarcane Lane, Dunkin Dr and Middlesex Street. Of the 93 violations 42 were written warnings and 48 were civil violations. The speed surveys were conducted on three different days, one day with an unmarked vehicle,the expedition and Sgt Soucy's personal vehicle. The surveys did not show a dramatic number of vehicles traveling significantly over the posted speed. In the six hours of monitoring 350- 400 cars there were about 15 cars that traveled more than 15 mph over the posted speed limit and mostly in the afternoon commute between 3:30 PM and 5:00 PM. Sgt. Soucy recommended stop signs on the side streets of Candlestick with proper approach signs to the stop signs, curved roadway signs placed where the curves begin, blind driveway signs as requested after police investigation, cutting vegetation or moving mailboxes and formation of a neighborhood traffic watch. Sgt Soucy stated he would work with any interested parties,teach them how to use the hand held radar gun,take the information and report it to the Police Department. Sgt. Soucy also stated he would ask the Board of Selectmen to make a formal request to Mass Highway to conduct a speed survey to see if the speed limit should be reduced on Boxford and Salem Streets. William Duffy made a MOTION, seconded by Rosemary Smedile,to make a request of Mass Highway to conduct a speed survey to determine if speed limits should be reduced or changed on Boxford and Salem Streets; vote approved 5-0. William Duffy made a MOTION, seconded by Donald Stewart,to have the DPW install a stop sign at their earliest convenience at the corner of Candlestick and Boxford Streets; vote approved 5 — 0. Board of Selectmen Minutes April 30, 2001 Page 5 Several residents from the area were present and also discussed the entrance and egress of the future soccer fields. Town Manager and DPW Director William Hmurciak stated there would be a meeting in the future and the plans will be available for the public to view and comment on. Resident Steve Marshall would like a second opinion on the placement of speed signs on Boxford Street. Chief Stanley stated he would have the safety officer from Andover handle the second opinion. FY00 Audit. Frank Byron, from Melanson Heath& Co presented the Board of Selectmen with financial statements,the Management Report, and the Independent Auditor's Report pursuant to Governmental Auditing standards and the Single Audit Act Amendments of 1996. While the reports are dated November 7, 2000, a variety of factors, not the least of which was the vacancy of the Finance Director and a full time accountant, resulted in a delay of them reviewed for comment and then presented to the Board for acceptance. Mr. Byron pointed out the financial statements reflect positive trends for the town. The town is in much better financial condition than it was the year before. Cash balance of$4.6 million dollars is up a million dollars from last year,that is a positive trend. Property tax receivable is down$250,000 from last year, another positive trend as the cash is in the bank and people are paying their taxes and the town is collecting the receivables that are out there. The undesignated fund balance $1,468,923. This is the most important number, this is what bond rating companies look at the Department of Revenue certifies your free cash, dollar for dollar the higher that balance,the higher your free cash. This number is double what it was the year before. The balance in the undesignated fund of$1.4 million is about 3%of appropriations. The bond rating companies like to see between 5 and 10%. Retained earnings (surplus) of$1.2 million are a tremendous improvement in the water and sewer operation as this is a surplus that did not exist last year, as there was no balance or surplus. The major reason of the surplus is Fiscal 2000 is the first year the town began staggering its water and sewer bills. Instead of everyone getting bills the same time, bills have gone out every month to different people and only the first year the billing gets accelerated and there is a one time only benefit with a 16%-18%benefit in revenues. Health Trust Fund is showing a surplus of$504,000 and this was negative equity last year. This fund was negative the past two years and is another positive trend. The bottom line you want a positive figure in the Health Trust Fund, you have some cash flow and working capital. Income Statement. The General Fund balance is $341,000. This is revenues exceeding expenditures of $341,000 as net income for the year. Two years ago it was a negative ($400,000). Revenues short from expenditures. Last year it was positive $100,000. This year is positive $341,000,another positive trend. Management Letter. There are three sections to this. The first is the follow-up on prior year unresolved recommendations. There are (9) items that are probably 75%complete but not 100%complete and the issues are: Improve timeliness of grant reimbursement requests, evaluate self-insurance trust fund, formalize controls over departmental receipts, reconcile water fund receivables, realign job responsibilities for reconciling cash, perform monthly reconciliation's (Reportable Condition), maintain bond debt schedules, improve specific departmental receipts (Osgood) and expand reports provided to town manager and Board of Selectmen. The second part is resolved prior year issues. This section has eight items that are fully completely and implemented and they are: improve water billing function, reconcile budgeted water revenues with tax recap sheet, establish formal reconciling procedures with School Department, cut off payroll at year end, report abatements to Town Accountant, improve cut off of receipts postings, improve specific Departmental receipts (Recreation) and streamline accounting system. The third and last section deals with current year issues. There are three current issues;the first is a(Reportable Condition) Improve timeliness of bank reconciliations. Last year the Town Accountant did the reconciliation but that is a conflict when you have the same person who is disbursing cash and maintaining the general ledger also reconciling the cash account could cause problems,the town shifted that responsibility to the Treasures office,the reconciliations were done late and errors or irregularities would not be detected in a timely matter. Other Fund. There is a deficit of$80,000 in the Police Detail. That should be looked into to see if there are receivables outstanding to cover this amount and if not find out why. The last item under"Other Fund" deals with capital project funds. These can be tricky to account for as projects can go on for many years until completion. The town should track these projects to ensure authorization is not over expended. The last section deals with preparing for GASB 34. This is going to have to be addressed, and fixed asset records will have to be kept. Board of Selectmen Minutes April 30, 2001 Page 6 William Duffy stated in the absence of a town accountant he can understand not receiving monthly financial statements but with the new town accountant he would like to be kept in the loop and receive monthly financials. Town Manager Mark Rees stated that would be a town priority as it is a critical need. Water and Sewer Enterprise Funds. Scott McIntyre of Melanson and Heath addressed the Board and stated the Water department has a better handle on unaccounted water. In talking to the industry experts, directors from other utility companies throughout Massachusetts and New Hampshire and newspaper articles the comparable average of 15%is the average for unaccountable, unbilled water. North Andover's unaccountable water is 20%for calendar 2000. Under the second definition,North Andover's unaccountable water is 13%(This percentage assumes that the Department has accounted for the water lost to certain leaks and breaks). Christopher Woodcock of Woodcock and Associates, Inc conducted a rate analysis and developed options for the Boards consideration. There is a consent order and the town has to start looking at water conservation programs. An important element of conservation programs is a rate structure that provides an economic incentive for people who conserve water. The current water and sewer rates in North Andover is a base or service charge, fixed amount based on the meter size, along with a uniform charge of so many dollars per gallon or cubic hundred feet. This provides for some conservation but not a lot. There were questions as to how much money in reserves water and sewer department should have. The appropriate level should be approximately 25%of revenues in reserve particularly if you use an ascending block rate, as you use more water the rate goes up. Larger users pay more for water. If you have a cold water and people cut back,the expensive water and sewer gets cut first and the revenues drop off much faster. Mr. Woodcock's first recommendation is to eliminate the service charge associated with sewer bills except for those who just have sewer service and their own wells. There has been an issue for people with 2 meters. Two meters have to be maintained and billed. Both meters should be charged the same base charge. Mr. Woodcock recommends that the Town adopt the private fire protection and reduce the water service base charge from$11.00 to $5.50. The base of service charge for sewer should be dropped except for those that do not have water service. The Town should continue to assess the service charge on all water meters. Also recommended is for the Town to adopt an increasing block rate structure for water and sewer service. An increasing block rate structure for water and sewer service. An increasing block rate structure will help encourage water conservation as required under the consent order. More far reaching conservation rates do not appear to be possible with the current billing system. Mr. Woodcock also recommends that all second or irrigation meters be charged for water at the highest block water rate. Irrigation use causes peak demands in the summer and is the most expensive to supply. By allowing two meters, customers can avoid the impact of the increasing block rate by starting over at the lowest rate for the second meter. Because irrigation use is the most expensive, it should all be assessed at the highest rate. There will be a public hearing after Town Meeting to set the water rates. William Duffy stated he is in favor of the increases and wants to go on record that he is in favor of alternative # 2 and would like the reaction of the other Selectmen. Town Manager Mark Rees stated the only decision between now and Town Meeting is to support or not to support the Water and Sewer Budgets for FY02 as recommended. TOWN MANAGER'S REPORT: Town Manager Mark Rees attended a meeting of the BCG on April 23, 2001, where the focus of the meeting was on developing a MOU between the Board of Selectmen, Finance Committee and the School Committee and to establish a financial task force to develop a long range plan for town finances. Board of Selectmen Minutes April 30, 2001 Page 7 Comprehensive Permit Application. Wednesday April 25, 2001, Mr. Lou Minicucci met with the Town Manager to provide an overview of his comprehensive permit application for 132 unites at 200 Chickering Road. Farewell Dinner for William Scott. There will be a farewell dinner for William Scott on Thursday evening May 3, 2001, at the Loft Restaurant. ADJOURNMENT: John Leeman made a MOTION, seconded by Donald Stewart,to adjourn the meeting at 11:30 PM;vote approved 5 — 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Chairman