HomeMy WebLinkAbout1999-08-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES AUGUST 9, 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 Duffy,
John R. Leeman, Jr.; Donald B. Stewart; James M. Xenakis; Robert J. Halpin, Town Manager.
APPROVAL OF MINUTES:
Donald Stewart made a MOTION, seconded by James Xenakis,to approve the Executive Minutes of July
26, 1999 and the Minutes of July 19, 1999 and July 26, 1999. The Executive Minutes of
July 19, 1999 were not approved because of an error; vote approved 5 — 0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT:
Keith Mitchell added an agenda item to Old Business (MA Water Pollution Abatement Trust). The
Chairman announced that the next meeting of the Board of Selectmen would be on August 23, 1999 at
7:30 p.m. at the library.
William Duffy made a MOTION, seconded by John Leeman,to issue the Proclamation of naming
September 25, 1999 as "Kids Day America/International"; vote approved 5 — 0.
NESWC Tip Fee Assistance Appropriation. The Town Manager said he was informed by
Representatives Torrisi and Jones that the Conference Committee on Outlay Budget did pass a
$3,000,000 Tip Fee Assistance Program. The amount earmarked for North Andover is $122,959.
DEP Steering Committee Meeting on September 14, 1999. The Town Manager reiterated his
announcement of the outcome of mercury testing in Lake Cochichewick. DEP has offered to come to
meet with local officials to explain the advisory. The time is to be determined.
Common Victualer License—McDonald's Chickerin_g Road. The Town Manager said there has been
informal comment to his office regarding the exterior of McDonald's. He said he forwarded the license
to Town Counsel for his advice on the wording of the license. He also said he will be meeting with the
franchise owner later in the week. Donald Stewart said this matter is not about colors but that it was a
decision of the Board 18 years ago.
Keith Mitchell said there will be further discussion on this matter after Town Counsel issues his opinion
and McDonald's is notified.
James Xenakis made a MOTION, seconded by William Duffy,to instruct the Town Manager and
Director of Community Development to look into other licenses to make sure that any stipulations are
being enforced. This was amended to include that every year any stipulations are presented to the Board
at the time of approving the license; vote approved 5 — 0.
PUBLIC HEARINGS—POLE PETITIONS:
Plan 53/417—Massachusetts Electric Company and New England Telephone and Telegraph Company
Great Pond Road, remove one pole 29/1640, also permission to lay and maintain underground laterals,
cables and wires. David Boucher from Mass. Electric was present to answer any questions from the
Board of Selectmen.
Board of Selectmen Minutes August 9, 1999 Page 2
William Duffy made a MOTION, seconded by Donald Stewart,to approve this petition; vote approved 5
— 0.
Plan 53/418 —Massachusetts Electric Company—Great Pond Road—install 3"PVC Conduit 1-42 Alum,
15KV cable. William Duffy made a MOTION, seconded by John Leeman,to approve this petition; vote
approved 5 — 0.
CONSENT ITEMS:
Request from Joan Poutenis, Program Director at Nevins/North Andover Adult Day Health Center to hold
a Fishing g DerbyDerby at Stevens Pond. This Derby is to be held on Wednesday, September 22, 1999 with a
rain date of Thursday, September 23, 1999 from 10:00 a.m. to 2:00 p.m.
Donald Stewart made a MOTION, seconded by John Leeman,to approve this request; vote approved 5 —
0.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION seconded by James Xenakis,to move into Licensing; vote approved 5 —
0.
One Day Alcohol Licenses. Evy Gillette, Manager, Stevens Estate @ Osgood Hill, 723 Osgood Street,
requests the following one-day Licenses:
Chamber of Commerce August 13, 1999 1:00 p.m. — 7:00 p.m. Beer&Wine
Summer Outing
Hadley Wedding August 14, 1999 3:00 p.m. — 10:00 p.m. All Alcohol
Vermette/Saunders Wedding August 15, 1999 1:00 P.M. — 8:00 P.M. All Alcohol
Anderson/Dulin Wedding August 21, 1999 5:00 p.m. — 11:00 p.m. All Alcohol
Pixel Magic, Cathi Bracken August 22, 1999 1:00 p.m. — 6:00 p.m. Beer&Wine
M.T.R.B. Luncheon August 27, 1999 11:00 a.m. —3:00 p.m. Beer&Wine
Frawley/Debay Wedding August 28, 1999 4:00 p.m. — 10:00 p.m. All Alcohol
Keith Mitchell made a MOTION, seconded by James Xenakis,to approve the one-day licenses; vote
approved 5 — 0.
Joseph A. Messina—Pledge of License. _Joseph A. Messina, President, Messina's Market, Inc., 109—
123 Main Street, E2 requested permission to pledge its license to First Essex Bank, FSB.
William Duffy made a MOTION, seconded by John Leeman,to approve this request; vote approved
5 - 0.
Keith Mitchell made a MOTION, seconded by John Leeman,to move out of Licensing; vote approved 5
— 0.
APPOINTMENTS:
Recreation Council. Donald Stewart made a MOTION, seconded by John Leeman,to approve the
appointment of Chris Rock, 43 Magnolia Drive to the Recreation Council for a term to expire
June 30, 2002 and Michael Laorenza, 50 Glencrest Drive to the Recreation Council for a term to expire
June 30, 2001;vote approved 5 — 0.
Board of Selectmen Minutes August 9, 1999 Page 3
Emer gency Management A genc_. John Leeman made a MOTION, seconded by James Xenakis,to
approve the appointment of John Savastano, 287 Mass.Avenue and Richard T. Shaughnessy,
15 Wiley Court,to the Emergency Management Agency for terms to expire June 30, 2000; vote approved
5 - 0.
OLD BUSINESS:
Chapter 61A and 6113. The Town Manager said there are two correspondence items in the package. He
said he spoke with Richelle Martin, Conservation Administrator, and she confirmed that it was reviewed
with the Conservation Commission and their conclusion is that the Town should not exercise its option.
The Planning Board concurs with this opinion.
William Duffy made a MOTION, seconded by John Leeman,to provide notice to the owners that the
Town does not plan to exercise its option; vote approved 5 — 0.
Youth Center Gift and Related Agreement. The Town Manager said bids have been received and a
tentative contract has been awarded. He said that up until last week the Youth Center was short
approximately$150,000, but he has been informed that the state legislature voted approval of a Capital
Outlay bill that includes a$150,000 state grant to assist in construction. He announced that the contract
would be awarded around August 25th and the groundbreaking would be sometime in September.
Letter to Governor Cellucci and Secretary Durand— Solid Waste Master Plan. The Town Manager said a
letter that was composed by the Lexington Solid Waste Committee was edited by William Duffy and it
was agreed that Mr. Duffy's letter was more to the point.
John Leeman made a MOTION, seconded by James Xenakis,to send the letter drafted by William Duffy;
vote approved 5 — 0.
Audit Supervisory Committee. The Town Manager said that he and the Chairman met with Frank Biron
of Melanson&Heath. The Board of Selectmen are requesting that they have more communication with
the auditors during the audit. It was suggested that the Town develop an Audit Committee. It was also
suggested that a member of the Finance Committee be included on this Committee.
James Xenakis made a MOTION, seconded by John Leeman,to appoint James Xenakis and William
Duffy to the Audit Committee with a third member designated by the Finance Committee; vote approved
5 - 0.
FY'99 Receipts. The Town Manager continued the discussion from the last meeting on options of
providing for some accrual of water and sewer receipts to account for the late mailing of the June bill. At
the motion of the Finance Committee,the Town Manager is confirming with the Dept. of Revenue what
the flexibility is with respect to the application of the Lucent payment. The Town Manager said he
believes the Finance Committee would prefer to see the 21 day accrual.
William Duffy requested that the Town Manager and the Town Accountant give a report on FY'99 and
FY'00 and on budget trends that may or may not have developed.
Mass. Water Pollution Abatement Trust. The Town Manager described how the Mass.Water Pollution
Abatement Trust works. He said the Town has been approved for a 0%interest loan;the Trust then
pools all the loans. He said the Town has incurred some costs and asked the Board to approve a low
interest, short-term interim bond.
Board of Selectmen Minutes August 9, 1999 Page 4
William Duffy made a MOTION, seconded by John Leeman,to approve the issuance of the short-term
bond at 1.7%;vote approved 5 — 0.
ADJOURNMENT:
John Leeman made a MOTION, seconded by James Xenakis,to adjourn the meeting at 8:15 p.m.; vote
approved 5 — 0.
Ann M. Keating
Administrative Secretary James M. Xenakis, Clerk of the Board