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HomeMy WebLinkAbout2002-03-25 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES March 25, 2002 CALL TO ORDER: Rosemary Smedile called the meeting to order at 6:00 PM. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart;Wendy Wakeman; Susan Haltmaier; Mark Rees, Town Manager; Raymond Santilli, Assistant Town Manager. EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into Executive Session to discuss negotiations with union and non-union employees, a real estate matter and pending litigation with Mesiti Development; vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Donald Stewart yes; Susan Haltmaier yes; James Xenakis yes;Wendy Wakeman yes; Rosemary Smedile yes. Chairman Smedile stated the Board would be returning to Open Session after the Executive Session. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Certificate of Appreciation: Jeff Houston. Rosemary Smedile and Fire Chief William Dolan presented a Certificate of Appreciation to Jeff Houston for his actions on February 21, 2002 as a fire located at 98 Edgelawn Avenue. Greek Independence Dam James Xenakis wanted to not that today is Greek Independence Day and wanted to officially note that for the record. Impacts the New High School will have on Operatin _g BudBud The Board voted a couple years ago on the new construction at the High School and at that time the only impact on the operating budget was maybe a new janitor. It has come to Mr. Xenakis's attention that with the construction the Central Office Administration that currently is occupied at the High School would have to be relocated for an amount in six figures. Mr. Xenakis stated his first concern is that it wasn't represented accurately. Secondly, before ground is broken, he would like the Town Manager to come back at the next meeting and discuss options of adding additional square footage at the High School for the Central Office. Mr. Xenakis realized the project would not be reimbursable by the State but the return on investment would be fairly quick rather than leasing space. OLD BUSINESS: Non-Criminal Disposition-Update. Town Clerk Joyce Bradshaw reported to the Board that Chapter 1 "General Provisions"of the Bylaws for the Town of North Andover provides under Section 1.5 Violations and Penalties that"Any person violating any bylaws or regulation of the Town shall, in cases not otherwise provided for, be punished therefore by a fifty dollar($50) for each offense. Section 1.6 provides the authority to any Town Board of department to handle violations of any bylaws or regulations to be handled as a noncriminal offense in accordance with Massachusetts General Laws Chapter 40§ 21D. This method can be used for any applicable violation of the General Laws not specifically mentioned in Town bylaws or regulations. The office of the Town Clerk is charged with the responsibility of collecting any undisputed violation payments. These payments are turned over to the General Fund of the Town. The process of appeal is outlined in the statute and on the violation notice. Water Conservation Measures. Previously, DPW Director William Hmurciak informed the Board on the dangerously low water level of Lake Cochichewick and the possibility that the Board may have to consider implementing water use restrictions pursuant to the Town's water conservation by-law. The Lake has remained at very low levels and we are now in a drought emergency. William Hmurciak is now recommending the Board implement a total water ban, no outside water use. The Board would have the right to create exemptions to the total ban due to non-residential use of business that would be impacted. Rosemary Smedile stated that any waiver Board of Selectmen Minutes March 25,2002 Page 2 appeal would be directed to William Hmurciak, DPW Director; if the appeal escalates to the next level it would be directed to the Town Manager. The Board will be advised of the appeals and if a person is still not satisfied,they may appeal to the Board of Selectmen. James Xenakis made a MOTION, seconded by Susan Haltmaier,to implement a mandatory ban on all outside water use; vote approved 5-0. Signs will be posted, along with updates in the newspaper, on cable channels,the website to provide information on drought status. The Water Use Restriction Bylaw includes penalties for violations of the mandatory water ban. Any person violating the Bylaw shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of$50.00 for the second violation, and$100.00 for each subsequent violation. Parking at North Pumping Station. James Xenakis stated he was looking for a recommendation from the Town Manager on the price and type of sticker that will be issued for parking at the North Pumping Station and not recommendations from the Police Department. Town Manager Mark Rees apologized for the misunderstanding and will have that information for a future meeting. Wendy Wakeman made a MOTION, seconded by James Xenakis,to adopt the recommendations for parking at the North Pumping Station dated March 25, 2002 from the Police Chief, vote approved 5-0. Preparation for Annual Town Meeting. At this time,two articles will probably be recommended to be passed over at Town Meeting. One will be Article O, Home Rule-Permanent Deed Restrictions-Land @ Water Treatment Plant because last week the Town Manager's office was informed that the Town was not awarded the state grant that would have necessitated this article. The second article that should be passed over is Article DD "Amend Personnel Bylaw". This article should be postponed until Fall Meeting. NEW BUSINESS: Police Psychological/Psychiatric Screening Plan. In accordance with standards promulgated by the Massachusetts Human Resources Division, since the Town of North Andover undertakes psychological screening of police candidates,the Town must have an approved Plan for Psychological/Psychiatric Screening for entry level Police Officers. The psychologist previously used by the Police Department, Dr. John Barry, has retired thus requiring the filing of a new plan for approval. As a result of numerous referrals, Human Resources Director Ray Santilli and Police Chief Richard Stanley conducted a lengthy interview with psychologist Dr. Guy Seymour. As a result, a Plan for Psychological/Psychiatric Screening for Entry Level Police Officers prepared by Dr. Seymour and his firm, Psychologists in Public Safety was prepared. Both Chief Stanley and Ray Santilli recommend this plan be presented to the Board of Selectmen for approval to forward to the Massachusetts Human Resources Division. James Xenakis made a MOTION, seconded by Wendy Wakeman,to approve the appointment of Dr. Guy Seymour; vote approved 5-0. Letter from Wainright Bank Re: Chapter 40B Proposal, Valley Development. Wainwright Bank is the financing agent for a proposed 40B project of 294 units of condominium housing on a parcel of land off of Route 114. Pursuant to applicable state law,the bank is requesting comments from the Town. Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to authorize the Town Manager to write a letter to Wainwright Bank and to have Heidi Griffin apply for the $10,000 grant for 40B comprehensive permit applications; vote approved 5-0. Board of Selectmen Minutes March 25,2002 Page 3 Letter from Town of Wareham: Education Reform and Prop 2 ''/2. The Town of Wareham has asked cities and towns in the Commonwealth to contact our state legislators to address what they perceive to be a growing dichotomy between the constraints of Proposition 2 '/2 and the mandates contained in Education Reform. Wendy Wakeman said she has a problem with asking the State to take over control of education. However, Ms.Wakeman is in favor of encouraging the legislature to fund their mandates. The Town Manager stated he would draft a letter. Trust for Public Lands: Request to Raise Funds on Town's Behalf. The Trust for Public Land is seeking official approval from the Board of Selectmen to raise funds on behalf of the Town towards the purchase of the "Half-Mile Hill"land. Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to send a letter to the Trust for Public Land approving fundraising efforts on behalf of"Half-Mile Hill"; vote approved 5-0. Discussion: Wendy Wakeman thanked the Community Preservation Act Committee and the Trust for Public Land for doing a wonderful job on private fundraising. Ms. Wakeman stated the Town owes these organizations a tremendous amount of gratitude. TOWN MANAGER'S REPORT: Standard and Poor. The Town has received notification that Standard and Poor has changed their rating for North Andover from A-to an A, a significant upgrade. Moody's. Today the Town received a verbal report that Moody's has improved the Town's rating from A3 to A2. Security for public water supplies. On March 14, 2002, officials from the Police Department and Public Works Department participated in a web cast sponsored by the International City Management Association on security for public water supplies. ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to adjourn the meeting at 9:27 PM; vote approved 5 — 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board