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HomeMy WebLinkAbout2001-01-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES January 22, 2001 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Keith Mitchell; John R. Leeman, Jr.;William Duffy; Donald B. Stewart; Mark Rees, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Keith Mitchell,to move into Executive Session to discuss Maritime Pipeline litigation, Cellular Tower RFP, 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 Board of Selectmen Meeting. The next Board of Selectmen meeting is scheduled for Monday January 29, 2001, at the North Andover Middle School before Special Town Meeting. John Leeman made a MOTION, seconded by Keith Mitchell,to approve a letter to the Massachusetts Highway Department regarding sidewalks associated with the Endicott Plaza/Osgood Street Project; vote approved 5- 0. LICENSING COMMISSIONERS: John Leeman made a MOTION, seconded by Keith Mitchell,to move into licensing; vote approved 5 — 0. James Xenakis made a MOTION, seconded by John Leeman,to approve the following One-Day Liquor Licenses for Evy Gillette of the Stevens Estate, 723 Osgood Street,No. Andover; vote approved 5 — 0. 1. Brian Schoenherr, Lucent Alumni Party January 26, 2001 6:30 p.m.-11:30 p.m. All Alcohol 2. Sheila O'Toole, Pilkington Holiday Party January 27, 2001 6:30 p.m.-11:30 p.m. All Alcohol James Xenakis made a MOTION, seconded by Keith Mitchell to move back into regular session; vote approved 5 - 0. CONSENT ITEMS: Appointment to Commission on Disability Issues. Town Manager Mark Rees appointed David Greenwood of 32 Magnolia Drive, with the recommendation from the Commission on Disabilities,to fill an unexpired term to June 30, 2001. This position was left vacant due to a resignation from Eugene Nevins on May 9, 2000. Mark Rees told the Board of Selectmen that he would write a letter to Mr.Nevins thanking him for his services to the Town. OLD BUSINESS: Recommendations for January 29, 2001 Special Town Meeting. Article 1. Acceptance of Massachusetts Community Preservation Act. John Simons, member of the Open Space Committee recommends that the Town adopt a 3%surcharge (thus enabling it to receive all rounds of State matching funds). Selectman Donald Stewart is concerned with the amount of money necessary to administer all these exemptions. With all the different exemptions being suggested, first$100,000 exemption on the value of each real property; secondly, exemptions by a person who would qualify for low income housing or moderate senior citizen housing in Town. Donald Stewart is also concerned with the present staffing in the Assessors office, how this will be administered. Board of Selectmen Minutes January 22,2001 Page 2 Felipe Schwarz from the Open Space Committee stated up to 5%could be used for administrative purposes. Mr. Schwartz also states that 3%qualifies the Town for all 3 rounds of the State matching rounds. Resident and member of the Finance Committee Bernice Fink stated while the Community Preservation Act has great goals Ms. Fink does not believe it is worth the risk; and the devil is in the detail. This Act implements a tax on local property tax. It dedicates a portion of local property taxes to things that are clearly nice to have but not essential; open space, affordable housing, historical preservation, you can't complain with the goals. In dedicating local taxes to specific purposes is a good idea; lets first dedicate taxes to Education, Police, Fire, Roads and Capital improvements. Only after we have insured that all of these have been adequately funded should we consider dedicating taxes to less critical needs. This Act seeks to have our Town relinquish control to the State of how a portion of our property taxes are spent for the next 5 years and possibly the next 25 years if the Town should choose to fund a project through debt. Of the 351 cities and towns in Massachusetts,North Andover ranks 15th from the top in interest being paid in long term debt and 17th from the top in total outstanding debt; and that's before considering debt for the new high school. This Town is drowning in debt and this gives us yet another opportunity to go into further debt. There is a cost to implementing the plan and to administering the plan. This could be considerable and could wipe out the State match if it goes down to 5%. "Act in haste and regret in leisure"is a slogan that comes to mind. If this is really a good deal it still will be a good deal in a year or two. You may lose the original enticement of the 100%match but why not let other cities and towns be the adopters and learn from the problems they encounter. Ms. Fink asks the Board to please vote unfavorable action to this Act. Brad Wakeman, member of the Open Space Committee, can appreciate Ms. Fink's comments of drowning in debt but believes the CPA will fund a life preserver to help get the Town get out of debt. The goals are great. Mr. Wakeman stated the citizens of North Andover are already paying the tax,the newly created Community Preservation Trust Fund places a tax on transactions recorded by North Andover citizens at the Registry of Deeds. The only way to get this tax back is by creating the Community Preservation Act. No action is required at this time and it will be deferred until next week. Article 2. Amend Town Code-Add Community Preservation Committee Bylaw. This article is tied in with Article 1. No action is required at this time and it will be deferred until next week. Article 3. Amend Town Code-Adding Section 59-7-Budget Expenditure Amendments. This article is sponsored by the Board of Selectmen and Keith Mitchell brought this article forward. Mark Rees received a brief message from Town Counsel stating a cautionary remark that should this pass at Town Meeting it may not pass with the Attorney General's Office. Keith Mitchell made a MOTION, seconded by John Leeman,to recommend favorable action on Article 3; vote approved 5 — 0. Discussion: Keith Mitchell stated it deserves a discussion at Town Meeting and how we proceed when we present a balanced budget and amendments are made. This is strictly a way to insure when we come out of Town Meeting we have a balanced budget. Anyone wanting to make amendments to the budget, show where cuts will be made when they propose to increase certain line items they have to make the appropriate cuts as well. James Xenakis stated for the record that he thought this was a very innovative plan of Keith Mitchell's and commends him for his work in trying to ensure a balanced budget. Article 4. Rescind the Amendment of Article 7 of the December 11, 2000, Special Town Meeting- Authorization to Appropriate Insurance Proceeds. This article is being withdrawn, however, once an article is on the warrant it can only be withdrawn by a vote of the majority at Town Meeting. This is a Special Town Meeting and it has been ruled the article deals with appropriations and the Board should vote unfavorable action on this article. Board of Selectmen Minutes January 22,2001 Page 3 John Leeman made a MOTION, seconded by Keith Mitchell,to make an unfavorable recommendation on Article 4; vote approved 5 — 0. Sewer Betterment Assessment, Phase 3C. At the last Board meeting,the Board requested additional information as to how the assessment was determined. DPW Director William Hmurciak sent correspondence stating the amount of the assessment was determined for a three sub-phases of Phase C at the same time based upon taking 20%of the estimated cost and dividing that amount by the number of potential sewer hook ups. The Sewer Betterment Assessment for the Phase III-C Sewer is assessed at a rate of$3,858 per unit. The assessment rate was established for the entire Phase III project area;therefore each separate project within Phase III (A, B, C & D)has or will be assessed at$3,878 per unit. John Leeman made a MOTION, seconded by Keith Mitchell,to approve the Sewer Betterment Assessment Phase 3C with the stipulation that the Town Manager verify the figures and make sure it is in compliance; vote approved 5 — 0. NEW BUSINESS: Police Officer COPS Grant. Police Chief Richard Stanley prepared an extensive proposal for this grant request, which documents the need for the additional police officers. In order to maintain the standard of four police officers on duty per shift without requiring mandatory overtime, addressing the growing concern of our residents for traffic control and to provide for a School Resource Officer. The Police Chief also points to an increased number of calls for service over the past three years and the fact that the department is understaffed compared to other similarly sized communities. This Grant started 4 '/2 years ago. Police Chief Richard Stanley received a letter from the U.S. Department of Justice dated January 9, 2001,taking the Grant away from the Town. Town Manager Mark Rees and Chief Stanley have made numerous phone calls to decision-makers regarding this denial in the hope of reversing this decision. Due to the size of the Police Department and the growth in North Andover,the Chief and Town Manager are hopeful that the Town will be successful receiving this Grant. Late today, January 22, 2001, Chief Stanley and Mark Rees received a letter stating North Andover would be receiving the Cops Grant. The goal of the hiring plan is to hire seven additional full time officers with no increase to the budget for sixteen months. The reduction in police overtime funds offsets the Town's obligation 100%after Universal Hiring Plan Grant is applied. Town Manager Mark Rees stated that in all other communities he worked,the COPS Grant had been implemented very successfully. He also stated that Chief Richard Stanley has proven the need that we do need additional officers. The Chief has documented that the population has been growing,the number of calls has been increasing and with the overtime reduced and the grant funds,this was a good, pro-active plan for the Town. William Duffy stated he would like to see 5 officers hired and 2 civilians hired. With civilians hired that would free up more police personnel to be out in the cars and on the streets. Chief Stanley stated he would not argue with the fact that civilians should have a much greater role in the Police Department. The Chief has attempted to do that that but is tied up with union obligations, change or working conditions, contractual issues involving International Brotherhood of Police Officers and is doing everything possible to work with the union and cover contracts with them. The Chief stated he is fully in agreement with Mr. Duffy. Mr. Duffy stated that 7 officer added to 18 is a significant number. The Chief stated this is greatly needed and still not sufficient to cover the needs of the community as shown in all the reports submitted. John Leeman stated that in the past he himself was an obstacle in getting this approved but feels the Chief has done a good job demonstrating through the overtime budget that there is a need to hire people. John Leeman Board of Selectmen Minutes January 22,2001 Page 4 also stated the Chief has demonstrated a need, he has demonstrated a way to if not fully fund,to partially fund the officers and feels it is a good way to get away from training reserves and having them go to other communities, after we spent money on them. Chief Stanley is in full agreement and says that's where we want to be someday. John Leeman made a MOTION, seconded by Donald Stewart,to apply for and/or accept the COPS Federal Grant for hiring seven additional officers to be used on patrol, on traffic detail, and in the school system, provided however: 1. That no additional reserves will be hired until September 2001, when the Board of Selectmen, the Town Manager, and the Police Chief will meet to discuss the future of the reserve program. 2. That as has been in the past, all overtime work and detail work will be awarded as per the seniority shift-bidding clause in the contract;vote approved 5 — 0. Keith Mitchell commended Chief Stanley and Lt. Annson for the job they are doing and stated there is an absolute need for staffing. It is long overdue and Keith Mitchell supports the hiring of the 7 full time officers. Police Officer and Union President Daniel Crevier stated there was a vote made by the union with regards to not having a clear understanding as to what these positions will do in the future, how they will be worked out;the union does not support the hiring of the 7 officers. The union is concerned with how this will be implemented down the road. This will have an effect on a lot of people, on their jobs and maybe their futures. Officer Crevier stated there is no doubt the officers are needed but the unions concern is how these positions are going to be implemented down the road. How will guys put in for traffic enforcement, how will they be selected? These questions are the unions concerns. Town Manager Mark Rees thought it was unfair to burden a new recruit with the cost associated with mandatory training,the Town has paid for everyone else's training, but with the commitment if they drop out,they have to pay back the Town. Chief Stanley personally thanked each and every member of the Board, especially the subcommittee of Keith Mitchell and John Leeman, as well as the Finance Director,the Town Manager and Lt. Annson for the work they have done. A lot of work went into this. The Chief stated that Mr. Leeman and the Town Manager challenged him and Lt. Annson, gathering the data to prove this could work. The Chief stated he knows the Town Manager is under tight fiscal concerns and had to make sure the numbers work. TOWN MANAGER'S REPORT: Potential Receipt of funds from Wheelabrator. The Finance Director Chuck Benevento, reported to Mark Rees that the Town potentially may receive funds in excess of$682,000 over the next three years to reimburse the Town for costs associated with the recent retrofit of the Wheelabrator Waste to Energy Plant. Draft Meeting Schedule. Mark Rees submitted a draft meeting schedule for the next six months consistent with the Boards decision last week to move forward with every other week meeting schedule. Blue Cross Insurance. Mark Rees met with a representative from Blue Cross and stated the renewal rate will increase 10%over last year. ADJOURNMENT: Keith Mitchell made a MOTION, seconded by John Leeman,to adjourn the meeting at 9:25 PM;vote approved 5 — 0. Kathleen O'Neill Administrative Secretary Keith Mitchell, Clerk of the Board