HomeMy WebLinkAbout2001-08-13 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES August 13, 2001
CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM.
ATTENDANCE: The following were present: Rosemary C. Smedile Chairman;William Duffy; Donald Stewart;
Mark Rees, Town Manager. (James M. Xenakis was not present).
EXECUTIVE SESSION: William Duffy made a MOTION, seconded by Donald Stewart,to move into
Executive Session to discuss collective bargaining, land acquisition and pending litigation, and non-union
personnel; vote approved 3-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Donald Stewart yes;William Duffy yes, and Rosemary Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT
Town Manager Appointments. There was some question about the proper procedures of the Town Manager
making appointments under the Town Charter and it was determined that certain positions required an affirmative
vote by the Board of Selectmen after the Town Manager makes his appointment. On July 16, 2001,the Town
Manager made a number of appointments and in order to be completely adopted need to be further approved by
the Board of Selectmen.
Town Manager Appointments approved by the Board of Selectmen.
William Duffy made a MOTION, seconded by Donald Stewart,to approve the appointments by the Town
Manager of Gayton Osgood to the Board of Health for a 3 year term; Larry Boute to the Industrial Development
Finance Authority for a 5 year term; David Minicucci, Ernest Jones and George Barker to the Board of Assessors
for 1 year terms; vote approved 3 — 0.
Theodore R. Eaton, Graves Officer Appointment.
Town Manager Mark Rees appointed Theodore R. Eaton, as the Town's Graves Officer. There is no action
needed tonight as the Board of Selectmen has two weeks to take action.
Sam Ameen-Planning Board.
Sam Ameen asked if the Board would allow the Planning Board or its member to come back and respond to the
three specific items William Duffy pointed out at a previous Board meeting concerning actions by the Planning
Board. One of the three issues is Coventry Lane; and what it will take to get the street accepted. Another issue
was the Redgate development and the other was the approval of a business by a developer without the consent of
the owners.
William Duffy stated the basic point was to say with respect to that situation and in accord with his position,that
the Planning Board has been exceeding its authority and acted without complying with recommendations from
Town Counsel.
Rosemary Smedile stated she wished the Tribune had called Town Hall to verify that the people involved with the
planning board appointments were clearly informed that this discussion was going to come up. Not only was the
individual informed,the Board received a letter in writing from the individual involved stating she was aware of
the meeting. It was a public meeting and she had every right to be at the meeting.
Mr. Ameen was just hoping to have the planning board appear publicly, have them explain their course of action
and maybe he can get an answer on Coventry Lane. William Duffy stated the planning board has a lot of time
consuming, important business to attend to, but they do meet publicly. Mr. Ameen stated Mr. Duffy brought up
three issues and it would be nice to hear the planning board's side, in a prepared statement.
Rosemary Smedile asked the Town Manager if he would talk to the Chairman of the Planning Board and ask him
if this is something they would like to do and report back to the Board.
Board of Selectmen Minutes August 13,2001 Page 2
LICENSING COMMISIONERS:
Rosemary Smedile made a MOTION, seconded by William Duffy,to move into Licensing; vote approved 3 —0.
Livery License William A Donovan d/b/a Clover Limousine.
Mr. William Donovan addressed the Board and stated this is a livery license for one car. Rosemary Smedile
asked Mr. Donovan if alcohol is served in the car. Mr. Donovan stated on a rare occasion there could be
champagne for a wedding or anniversary.
William Duffy made a MOTION, seconded by Rosemary Smedile,to approve a Livery License for William A.
Donovan d/b/a Clover Limousine, 1175 Turnpike Street,North Andover; vote approved 3-0.
Restaurant/All Alcohol and Common Victualler's License Transfer from Pasta Palazzi, Inc. to Bollywood, Inc.
William Duffy made a MOTION, seconded by Rosemary Smedile,to approve the transfer of the All Alcoholic
Common Victualler's License from Pasta Palazzi, Inc to Bollywood, Inc. d/b/a Bollywood Grill, Malkiat Singh
Gill, Manager, 350 Winthrop Ave.,North Andover; vote approved 3-0.
Monsignor Shea Council 43819, Knights of Columbus Family Outing,
Rosemary Smedile made a MOTION, seconded by William Duffy,to approve a One-Day Wine &Malt License
to Phil Kandrut, Manager, Monsignor Shea Council 43819, for a Knights of Columbus Family Outing on Sunday,
September 16, 2001, from 1:00 p.m. — 5:00 p.m. at 505 Sutton Street(outdoors), with a waiver of fee; vote
approved 3 — 0.
William Duffy made a MOTION, seconded by Rosemary Smedile,to move out of licensing; vote approved 3 — 0.
CONSENT ITEMS:
Committee to elect John Burke to Use the Old Center Common on September 22, 2001.
William Duffy made a MOTION, seconded by Donald Stewart,to approve the request from the committee to
elect John Burke to use the Old Center Common to host a Family Day on Saturday, September 22, 2001 (rain
date, Sunday September 23, 2001);vote approved 3 — 0.
St. Michael's Church to Use the Old Center Common on September 16, 2001.
Rosemary Smedile made a MOTION, seconded by William Duffy,to approve the request from St. Michael's
Church to use the Old Center Common on September 16, 2001(rain date, September 30, 2001); vote approved
3 - 0.
OLD BUSINESS:
GLSD Odor Complaint Process.
Sandra Starr, Board of Health Director, has been working with People for the Environment and submitted
suggested changes for the process for reporting odor complaints at the GLSD. The Board found these changes
acceptable.
Boat Access to Lake Cochichewick.
Town Manager Mark Rees received a phone call and a follow up letter from Scott Lindquist of 115 Johnnycake
Street which Mr. Lindquist stated that although the Town issued permits for boat owners to use the lake,there was
not anywhere on the lake where he could launch his boat. Mark Rees reviewed this matter with William
Hmurciak who stated that the two Town launching sites had been closed to the public. The one at the Water
Treatment Plant had been closed due to security reasons and the one at the old pumping station had been closed
after complaints were received from the neighbors. Mr. Lindquist appeared before the Board of Selectmen to see
if the Town could find a suitable place to access the Lake with his boat. Mr. Lindquist stated that over the past
fifteen years there were two places to launch the boat on Pleasant Street that are now closed. There was a place
off Osgood Street at Edgewood that is now closed. The Treatment Plant at Great Pond Road and the Pump
Station both closed. Town Manager Mark Rees will look for options, contact Brooks School and report back to
the Board in a couple of weeks.
Board of Selectmen Minutes August 13,2001 Page 3
Massachusetts Electric and Verizon New England.
Plan#A53/444. Massachusetts Electric Company and Verizon New England, Inc request permission to remove
one pole and place one pole on Osgood Street; pole 30/397.
William Duffy made a MOTION, seconded by Donald Stewart,to approve Plan#A53/444 to place one pole
30/397 on Osgood Street and to remove one pole; vote approved 3 — 0.
William Duffy made a MOTION, seconded by Donald Stewart,to approve Plan 863 to place approximately 185
feet of underground conduit and(1) 15' x 10' supportive pad on Dale Street; vote approved 3 — 0.
TOWN MANAGER'S REPORT:
Fire Department receives $134,100 Grant.
Mark Rees congratulated Chief William Dolan of the Fire Department for receiving a Federal Emergency
Management Agency grant of$134,100 towards the purchase of a new brush fire truck.
DPW awarded$4,065 for recycling.
The DPW was awarded a$4,065 payment as recognition of the Town's recycling efforts last year. This
continuing program administered by the Department of Environmental Protection provides a monetary incentive
for Town's to recycle more.
The DPW has also applied for an$18,750 state grant to be used towards a$25,000 study to develop methods to
limit non-point source pollution from going into Lake Cochichewick.
Town's Reprecincting Plan Approved.
The Local Elections District Review Commission has approved the Town's reprecincting plan. Town Clerk
Joyce Bradshaw should be commended for her hard work in bringing this project to a successful conclusion.
FERC public hearing August 15, 2001,regarding Maritimes Pipeline.
On Wednesday, August 15, 2001, Mark Rees will be attending the FERC public hearing on the Draft
Environmental Impact Report issued for the Maritimes Pipeline issue. The Town Manager's intent is to comment
on the availability of alternative ways of delivering the gas and, if it is ultimately decided to come through North
Andover,to request that regulations be put into place to mitigate construction disruptions and enhance safety of
the pipeline.
Temporary postponin _g of any
any new municipal positions.
Given the uncertainty of the Town's revenues for FY '02, due in part because of the failure of the Legislature to
pass a budget at this time,the Town Manager is postponing the filling of any new municipal positions that were
approved in the FY'02 budget.
EXECUTIVE SESSION: William Duffy made a MOTION, seconded by Donald Stewart,to move into
executive session to discuss real estate acquisition and pending litigation; vote approved 3 — 0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Donald Steward yes;William Duffy yes; and Rosemary Smedile yes.
Chairman Smedile stated the Board would not be returning to Open Session after the Executive Session.
ADJOURNMENT: William Duffy made a MOTION, seconded by Donald Stewart,to adjourn the meeting at
9:35 PM;vote approved 3- 0.
Transcribed from tape but not present,
Kathleen O'Neill
Administrative Secretary Rosemary Connelly Smedile, Chairman