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Home My WebLink About1999-09-13 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 13, 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 B. Duffy, Jr.; John R. Leeman, Jr.; Donald B. Stewart; James M. Xenakis; Robert J. Halpin, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by James Xenakis,to move into Executive Session for an update on Fire Negotiations, Litigation—review status of Benjamin Farnum vs. North Andover and companion cases (Boston Hill), Tara Leigh Development Corporation and Mesiti Development Corporation; vote approved 5 — 0. The Board of Selectmen was individually polled and each voted to move into Executive Session. James Xenakis made a MOTION, seconded by John Leeman,to move out of Executive Session at 7:25 p.m.; vote approved 5 — 0. APPROVAL OF MINUTES: James Xenakis made a MOTION, seconded by Donald Stewart,to approve the Minutes of August 23, 1999;vote approved 4— 0. John Leeman abstained. James Xenakis made a MOTION, seconded by Donald Stewart,to approve the Minutes of August 31, 1999 (Executive and Open Sessions); vote approved 5 — 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT: Introduction of Newly Ppointed Reserve Police Officers. Chief Stanley introduced the six newly appointed Reserve Police Officers. They are Charles Gray, Michael Davis, Chad Lawlor, Scott Whittaker, Kristin Asaro and Ashley Seed. The Chief said he is extremely excited about these recruits and all have bachelor's degrees. The Town Manager also said this is a very strong group. Richard M. Stanley, Chief of Police, recommends setting Halloween Trick of Treat Hours to be the standard October 31, 1999, 5:00 p.m. to 7:00 p.m. John Leeman made a MOTION, seconded by Donald Stewart,to approve the recommended Trick or Treat hours;vote approved 5 — 0. Tara Leigh Development Corporation vs Town of North Andover. The Town Manager said he was pleased to inform the Board that the Town was successful in its efforts to have the case of Tara Leigh Development vs. the Town dismissed in Land court. This case involves the Town's Growth Management By-law. PUBLIC HEARINGS: Aboveground Storage Tank License (Withdrawal). The Town Manager stated that the Building Commissioner concluded that this was a matter that needed to go to the ZBA, and Safety-Kleen Chemical Services, Inc., 221 Sutton Street has withdrawn its request for a license for a 65,000 gallon aboveground storage tank. Board of Selectmen Minutes September 13, 1999 Page 2 LICENSING: John Leeman made a MOTION, seconded by James Xenakis,to move into Licensing; vote approved 5 — 0. Evy Gillette, Manager, Stevens Estate n, Osgood Hill, 723 Osgood Street, requests the following one-day Liquor Licenses: Campbell/Colantoni Wedding September 18, 1999 3:00 p.m. — 11:00 p.m. Beer&Wine Zwill Fundraiser September 19, 1999 12:00 p.m. — 9:00 p.m. Beer&Wine Verrette/Proia Wedding September 25, 1999 3:00 p.m. — 10:00 p.m. All Alcohol James Xenakis made a MOTION, seconded by Keith Mitchell,to approve the above requests for one-day Liquor Licenses; vote approved 5 — 0. James Xenakis made a MOTION, seconded by John Leeman,to move out of Licensing; voted approved 5 — 0. CONSENT ITEMS: Request by Paul J. Burke, Grand Knight, Monsignor Shea Council 3819—Knights of Columbus, 505 Sutton Street to hold Toll-Booth Fundraiser. The fundraiser is scheduled for October 15, 16 and 17. The Chairman questioned Chief Stanley about this event and the fact that one of the requested days is a Friday. The Chief recommended the event. John Leeman made a MOTION,to approve the "Toll Booth"fundraiser, seconded by James Xenakis; vote approved 5 — 0. Acceptance of Donation from Massachusetts Refusetech, Inc. to North Andover Police. Chief Richard Stanley explained the need for the donation in order to create and support a youth services internet web-page. He stated that many children are alone after school and many studies have been done that conclude a web-site that is safe for children is needed. James Xenakis made a MOTION, seconded by Donald Stewart,to accept the donation from Mass Refusetech and send a thank you letter; vote approved 5 — 0. APPOINTMENTS: Thomas Burkardt to the Youth Services Board of Directors. This appointment is for a term to expire June 30, 2002. John Leeman made a MOTION, seconded by Donald Stewart,to appoint Thomas Burkardt to the Youth Services Board of Directors; vote approved 5 — 0. Paul Galinis to the Council on Aging. This appoint is to fill an unexpired term ending June 30, 2000. John Leeman made a MOTION, seconded by Donald Stewart,to appoint Paul Galinis to the Council on Aging; vote approved 5 — 0. Patricia Long as an alternate member of the Historic District Commission. This term was effective September 15, 1998 and will expire June 30, 2000. There was confusion between the Historic Committee and the Historic District Commission. Board of Selectmen Minutes September 13, 1999 Page 3 John Leeman made a MOTION, seconded by Donald Stewart,to appoint Patricia Long to the Historic District Commission; vote approved 5 — 0. OLD BUSINESS: Report on Inventory of License Conditions. The Town Manager explained that except for Class II Licenses there is no central file for license conditions,the licensee is made aware of conditions at the time of original licensing, no conditions are attached to licenses except for hours of operation,the exact number of licenses with conditions is being investigated. Once conditions are determined,these will be listed on the license and compliance will be sought from the licensee. It was also noted that the North Andover Disability Commission and the Building Commissioner have worked together to solve problems of accessibility for the disabled in the community. Approximately 95%of the establishments on a non-compliance list are now in compliance. Media One Group, Inc. License Transfer. The Town Manager reviewed the North Andover Issuing Authority's request for a waiver under 207 CMR, Section 4.04 to allow conditions relative to open access to broadband as part of a transfer of license. He said that Media One is in the process of selling all of its Massachusetts franchises to AT&T. This could affect internet access options. The Town Manager said he was contacted by a representative from America On-Line who represents all internet access providers. This representative asked that a letter be sent requesting a waiver that would allow the local licensing authority to consider a condition relative to open access. William Duffy made a MOTION, seconded by John Leeman,to send the letter; vote approved 5 — 0. Update and Status Report—Finance Director Selection Process. The Town Manager said he is pleased to report that Kerry Dudek interviewed for the second time (the first was via telephone) with the Selection Committee today, and he has made the decision to appoint Kerry as the new Finance Director. He advised the Board that they have 14 days to reject this appointment. James Xenakis who was on the Selection Committee said he recommends her highly. NEW BUSINESS: Attorney General Approval—Article 18 — 1999 Annual Town Meeting. This Article amended the zoning by-law. The Town Manager said this is part of the complete approval of the Attorney General's review of all the by-laws adopted at the Annual Town Meeting. This Article provided that said resource recovery facility has first obtained a valid site assignment from the Board of Health. With the approval of the Attorney General,this by-law is considered to be enforceable. Approval of short-term Bond Anticipation Note. This Note is for various water and sewer projects in the amount of$2,375,000 payable November 3, 1999. The Town Manager requested that the Board approve this short term note. He noted that the note is required to carry the principal amount until late October at which time the Massachusetts Water Pollution Abatement Trust will issue a zero-interest loan for this debt. William Duffy made a MOTION, seconded by John Leeman,to approve this note; vote approved 5 - 0. Fire Department Parking. Chief William Dolan requested that two parking spaces in the Municipal parking lot to the rear of Town Hall be added for use by fire department vehicles only. Board of Selectmen Minutes September 13, 1999 Page 4 John Leeman made a MOTION, seconded by Donald Stewart,to designate two spaces for the exclusive use of Fire Department Vehicles; vote approved 5 — 0. ADJOURNMENT: James Xenakis made a MOTION, seconded by John Leeman,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