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HomeMy WebLinkAbout2002-02-04 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES February 4, 2002 CALL TO ORDER: Rosemary Smedile called the meeting to order at 6:30 PM. ATTENDANCE: The following were present: Rosemary C. Smedile Chairman; James M. Xenakis; Susan Haltmaier; Donald Stewart;William Duffy; Mark Rees, Town Manager; and Raymond Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss pending litigation with Foxwoods, GLSD,Maritimes Pipeline and land acquisition; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: William Duffy yes; Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes; Rosemary Smedile yes. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Town Engineer Robert E. Beshara. Town Manager Mark Rees appointed Robert E Beshera as the Town's Engineer at a salary of$65,000 per year, subject to the Board's approval. James Xenakis and Rosemary Smedile worked on a subcommittee and interviewed Mr. Beshara and also approve of the Town Manager's recommendation. James Xenakis made a MOTION, seconded by Susan Haltmaier,to approve the appointment of Robert Beshara as Town Engineer; vote approved 5-0. CIP-Diane Huster. Diane Huster, member of the School Committee, stated in reading the CIP the high school bonding had already been decided and the School Committee was not made aware in advance to give any input. Ms. Huster stated in her opinion the approved bonding for the high school front loads it unfairly so that taxpayers in the first few years pay very high payments and at the end pay none whatsoever. The second point,this unfairly increases excess debt, and excess debt impacts directly the minimum foundation and the minimum amount of money the town has to give to the school committee. Ms. Huster would like to arrange time to discuss this matter. James Xenakis stated several weeks ago when the bonds were approved stated it was the best option that allowed for the cheapest alternative to the town and presented a scenario that the town could take advantage of the low interest rates. Ms. Huster stated she realized low interest rates that were driving the decision but a$472 payment for an average homeowner in one year is excessive. Ms. Huster also asked if there were discussions on excess debt and the impact it would cause on the school department budget. Ms. Huster explained that excess debt is part of the formula for school foundation funding and minimum funding. Excess debt is taken right off the top and with more debt than the average and if it is frontloaded in 2004 will take off any difference between foundation minimum and any measure of extra the school has been spending. Mark Rees stated the Board did not visit the issue of excess debt and the Town Manager stated he would be happy to work with Diane Huster and the School Committee and school staff to explore that issue and bring it back to the Board. William Duffy stated the town is following what Andover has done for years, go out and bond these items when rates are good, and primarily this has been driven by low rates which is what someone managing the debt service for the town should do. LICENSING COMMISSIONERS James Xenakis made a MOTION, seconded by Donald Stewart,to move into Licensing; vote approved 5 — 0. William Duffy made a MOTION, seconded by James Xenakis,to approve the request from Evy Gillette, Manager, The Stevens Estate, 723 Osgood Street, for a One-Day All Alcohol License for David Goldstein on February 9, 2002, from 7:00 p.m.-11:00 p.m.; vote approved 5-0. Susan Haltmaier made a MOTION, seconded by James Xenakis,to move out of Licensing; vote approved 5-0. OLD BUSINESS Capital Budget Review. At the previous meeting the Board received the Town Manager's Recommended Capital Budget for FY03 the Capital Plan through FY2007. The purpose of tonight's meeting is for the Board to ask questions Board of Selectmen Minutes February 4,2002 Page 2 to the individual departments and the school department concerning their requests,to assist the Board in formulating recommendations for town meeting. Police Department- Chief Richard Stanley. Chief Richard Stanley told the Board that studies have been completed and many health related issues due to air quality at the Police Station have been discovered by the Health Department. There are space related issues that are evident with a Police Station being 6,000 square feet and a trailer that is approximately 400 square feet. The building is not handicap accessible,the building has one bathroom for male and female employees downstairs with public facilities upstairs. The cells are in a state of disrepair and conditionally fail on a regular basis the test by the public health department for the state. The town Board of Health has deemed air quality problems. Health related problems have been documented by administrative employees of the police department due to air quality. The building is not conducive for air movement; it has been chopped up over the years. When the building was first built it was at a time when computers were not of a day-to-day operation as we are today. The electrical system of the building is completely over taxed, and a band-aid approach has been used for addressing the computer related problems. The electrical inspector has been up to the department for many blown fuses and other wiring problems. James Xenakis asked Police Chief Stanley for the capital proposal submitted to explain the cost and where he would locate the Police Station. Chief Stanley stated the Capital Improvement Plan for this year is for the architectural fees, the Town Manager, School Department and Chief Stanley have agreed the site location would be Route 125 behind the Atkinson School, facing Rte 125 where the busses currently leave the Middle School. This site would be perfect in especially with school violence the way it is and school safety issues being in the forefront of policing,that would be a perfect location in the vicinity of multiple schools especially a middle school where an awful lot of problems take place nationwide statistically. Town Manager Mark Rees stated he would ask for an appropriation of the authorization to borrow$7.3 million dollars at this town meeting but would only spend$733,000 in the first year to get the architectural and engineering plans done and bond the remainder. Superintendent William Allen stated he has worked with Chief Stanley and the School Committee and believe it is an ideal site and would be a significant police presence in the area plus easy access to main roads. Chief Stanley stated from a police perspective the facility should be visible to the public, from a response standpoint, unlike the fire department which has to look at rings of response,the police department has cruisers in sectors. Money was already spent a couple years ago on a"Needs Assessment"as far as the size of the facility and preliminary drawings. Some of the work has been done. James Xenakis asked Chief Stanley if there were any"cookie cutter"plans for building projects from the state, where architectural plans are paid for and provides free plans to municipalities. Chief Stanley stated he was unaware of any such program but would look into it. Rosemary Smedile stated she thought this was done in other states for schools. Superintendent William Allen stated this is not done for schools in Massachusetts,the architect owns the plans and you pay the same price to use the plans over and over again. School Department. Paul Szymanski, Business administrator for North Andover Schools, on behalf of the School Committee originally submitted nine capital projects an important project is the Kittredge Elementary School heating project. The school was constructed in 1950 and gone beyond the life cycle of that equipment. The technology proposal represents presentations from the technology department and the justification is a requirement of the Department of Education benchmarks. The relocation of the central office appears as though to seek an RFP for temporary space between now and the time of finding a permanent basis. On the short term basis the minimum space is 10,000-12,000 square feet and a full structure of 20,000 square feet and now the School Department will send out an RFP looking for a program that will have lease space for upward of 5 years and take the benefit of net school spending for the 5 years, outside of that it is dropped from the operating budget. James Xenakis asked if it would make sense to keep the central office at the high school or using some of the classroom space as the $216,000 approximate rent per year, return on investment would be pretty quick. Paul Szymanski stated the building is designed and going out to bid and the Administration of 20,000 square feet would adversely impact the school which has been designed to date and was an option that was not considered earlier and not considered now and that is why the School Department is looking for alternate space. James Xenakis stated it seemed like an unnecessary amount of money to spend. Mr. Szymanski stated unnecessary in the sense that no options have been brought forth to the school department that were adequate or timely so the school is doing what it feels is essential to provide space on this interim basis. This is short term for 5 years hoping opportunities coming forth would provide alternate, logical permanent space for the long term. The school department, committees and subcommittees have looked for options and to this point it has not happened and rather than being inactive the school department is pressing on and looking for alternate options. James Xenakis asked if the school department is thinking of adding space to the existing high school and changing the bid modifications. Paul Szymanski Board of Selectmen Minutes February 4,2002 Page 3 stated that would not be cost effective and approval has been received from the state for the presentation and locked in for the funding mechanism as accepted by SBAB. Susan Haltmaier asked about the heating system at Kittredge School and can appreciate needing to replace it after 50 years but when the building is torn down, what happens to the new heating system. Paul Szymanski stated that was an excellent question. The school has to be operationally sound for the education of the children and you have and you have a breaking point at what point do you lose a boiler, and yes they can do crisis management by having trailers that have power plants on them to make them operational. The school department is preparing a conservative plan of recommending replacement and upgrade for a safe environment, air quality wise and health wise for the students. Until there is a firm plan as to what the options will be the school department has to press on. Superintendent William Allen stated in talking with the architects new heating units could be moved from one building to another. They can be recycled. The most important project is technology. The new and replacement of hardware at the High School, Middle School and the Sargent School was accepted. The replacement of hardware at Atkinson, Kittredge and Franklin accepted and replacement at Bradstreet, SPED and Tech Department and Middle School technology was pushed off until 2004. Commitments were made to technology because they have not been funded for many years. Priority has to be put on technology and the paving project would have to be put off. Town Hall Renovation. Mark Rees updated the Board of Selectmen regarding the Town Hall Renovation and installation of an elevator to make the Town Hall handicap accessible. . There is currently a grant of approximately$400,000 and appropriations from two Town Meetings equaling $1million dollars. The Town does not have funds for the complete renovation for Town Hall. In order to move the project forward the Town Hall Renovation Committee has hired an architect to do a feasibility study and come up with cost estimates for the total renovations. In the budget$2.5 million dollars has been estimated but that could be higher or lower depending on the report from the architect. If this project does not go forward the Town will spend$1.4 million making Town Hall handicap accessible and not a complete renovation which is necessary to address serious issues regarding air quality, health concerns and issues of customer service. Police &Fire Joint Safety Software. On Dec 3, 2001,the Police and Fire Departments got approval at Special Town Meeting to go to a new combined public safety software. The first combined system went online January 1, 1997 and did not keep up with state and federal mandates that had to do with both police and fire codes. The computer system was not giving management information necessary. The current system has failed, it was a low end system. This would be the second phase of a three-year project. Fire Department SCBA Apparatus. The second major project of the Fire Department is for the replacement of the SCBA(Self-contained breathing apparatus). These tanks provide breathing air during fires. The tanks have to be tested every 3 years and have a lifetime maximum of 12 years, which the tanks will have to be disposed of and replaced. Department of Public Works. William Hmurciak, Director of Public Works updated the Board with Fleet Maintenance issues and requested a new sweeper$105,000 (replacing a 1994 sweeper with 10,500 hours); new dump truck with sander(replacing a 1988 International Truck); new 3/4 ton pickup truck(replacing a 1990 GMC pickup truck); new recycle truck(replacing a 1991 recycle truck with 105,000 miles); new gang mower(replacing 1989 John Deere Tractor). Other general government issues as Roadway Maintenance a request of$199,896 for work on private roadways; sidewalk projects $90,000. Sewer and Water enterprise issues $100,000, continuation of watershed sewer installation with a request of$988,000 for construction of Phase IV Sewer on Salem Street and between Leanne Drive and Dale St, and one on Johnson St and Appleton Street. In the Water Department a request of$790,000 to put new water mains in 5 locations in Town: Great Pond Road, Elmwood Street, Glenwood Street, Abbott Street and Bradford Street. Budget Policy Statement. Selectmen Duffy and Smedile worked with the Finance Director Chuck Benevento and the Town Manager Mark Rees on the Budget Policy Statement and the executive summary for FY03. William Duffy made a MOTION, seconded by Donald Stewart,to accept the budget policy statement and the executive summary for FY03 with the insertion on page 15 at the end of the first paragraph that states: No provisions made at this time for either the reduction in revenues that will occur if state aid falls 5%or 10%below the level now being estimated. Board of Selectmen Minutes February 4,2002 Page 4 If the Town is on notice, it may occur due to the recession that we are presently in. Nor is there any provision made at this time in this document for the addition of revenue via an operating fund override. The next insertion should be: If the state tax collections have fallen,the ability of the state to maintain the current level of aid to cities and towns is in question,the Board opposes any local tax limit override at this time but recommends the possibility of an override be held open for the sole purpose of addressing at a later date the state revenue shortfall on the rise if any. Vote 2-3 (Motion did not carry, James Xenakis, Rosemary Smedile and Susan Haltmaier opposed). Discussion: James Xenakis stated he will oppose this because although he understands William Duffy's point, Mr. Xenakis feels it is unrealistic to expect the Board to adhere to something like this given revenues fall and school enrollment continue to increase, asking the schools to live with the existing budget would be doing an injustice to the schools as well as all the other departments in town. Susan Haltmaier stated it would be premature to say the Board opposed any other overrides when the Board is still waiting to see the final report of the Financial Task Force. William Duffy stated this is a critical part of the budget process set forth in the Charter and was due in October. William Duffy strongly urged the Board to take a position on this important issue as sub-committees have met and made a recommendation and feels it is a mistake not to proceed at this time and urged the Board to proceed. Discussion: Bruce Baker stated this might be premature as the Financial Task Force will be making a presentation to the Board of Selectmen, Finance Committee and School Committee on Wednesday evening. Mr. Baker asked if the policy statement being considered this evening is adopted would it preclude the sincere review and consideration that will be coming forth from the Financial Task Force? Town Manager Mark Rees stated the purpose of this statement is to give guidance to the budget writers concerning overall revenues. It doesn't make many statements regarding expenditures except for the exception that should additional revenues not be forth coming, after fixed cost and health insurance cost are paid the remainder should be paid with a 0%increase in the municipal budget and a 6%increase in the school budget because that is all the money that is available. James Xenakis made a MOTION, seconded by William Duffy,to except the budget policy statement and the executive summary; vote approved 3-2. (James Xenakis and Susan Haltmaier opposed). James Xenakis and Susan Haltmaier stated for the record that they were opposed because they wanted to wait for 48 hours to listen to the report of the Financial Task Force before voting on the budget policy statement. Request for MGL C. 268A, s.20 Exemption: Chad R. Lawler. This matter was tabled last week and brought forward answering the specific questions that were raised last week. Ray Santilli submitted a memorandum after conversation with an attorney from the Ethics Commission that satisfied all questions. William Hmurciak also stated that he did publicize the need for snow plow contractors for the Town and he currently has less contractors interested than he requires. James Xenakis made a MOTION, seconded by Donald Stewart,to approve the request from Chad R. Lawler to snow plow for the town; vote approved 5-0. As a note the Town Manager stated he has spoken with William Hmurciak and there will be procedures put in place next year for selecting contractors when there are more contractors who apply to do the work than we have work available. James Xenakis also clarified for the record that if circumstances change and Mr. Lawler has a financial interest in the plowing company he might have to apply again next year. NEW BUSINESS Water Conservation Measures. William Hmurciak stated there is a concern that the ongoing lack of precipitation will have a detrimental impact on our water supply. In accordance with 177-4 of the Water Use Restriction Bylaw, Mr. Hmurciak is stating that there is a shortage of water and implementation of conservation measures is appropriate. The measure limiting water use outlined in 177-5 all pertain to outside water use. Since they will have no impact in the month of February, it may be appropriate Board of Selectmen Minutes February 4,2002 Page 5 to postpone a declaration by the Selectmen, as outlined in the Bylaw, until March 1St, based on the appropriate drought stage on that date. There is no action needed tonight. Alcott Village Sewer Easement. Article Six of the October 1996 Special Town Meeting authorized acceptance of the easement of the Alcott Village Sewer Easement. James Xenakis made a MOTION, seconded by William Duffy,to authorize the Town Manager to sign the sewer easement at Alcott Village; vote approved 5-0. Town Manager's Report. Dare Grant Police Dept. The Police Chief has received a Dare Grant award in the amount of$15,000,the maximum amount awarded to any community. Moody's to visit Town March 1, 2002. Moody's is scheduled to visit Town on March 1, 2002 in preparation for their issuing a financial rating for upcoming debt issuance. January 23, 2002 trip to Washington D.C. State Rep David Torrisi, Selectman Rosemary Smedile and Town Manager Mark Rees traveled to Washington D.C. on January 23, 2002,to meet with Congressman Tierney and Meehan and FAA Administrator Garvey concerning the industrial park adjacent to the Lawrence Airport. Architect Kaffee Kang hired. Based on the recommendation of the Town Hall renovation committee the Town Manager has contracted with Kaffee Kang to conduct a design feasibility study for Town Hall. Joyce Bradshaw Democrat of the Year. On January 27, 2002,the Town Manager attended the North Andover Democratic Town Committee annual breakfast where Joyce Bradshaw was honored as "Democrat of the Year". Jackie Sullivan resigns. Long time employee Jackie Sullivan in the Town Accountant's office resigned to assume the position of Town Accountant in Salisbury. ADJOURNMENT: James Xenakis made a MOTION, seconded by Susan Haltmaier,to adjourn the meeting at 10:10 PM;vote approved 5-0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board