HomeMy WebLinkAbout2001-05-21 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 21, 2001
CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM.
ATTENDANCE: The following were present: James M. Xenakis, Chairman; Rosemary Smedile; Donald
B. Stewart;William Duffy; Mark Rees, Town Manager.
EXECUTIVE SESSION: Donald Stewart made a MOTION, seconded by Rosemary Smedile,to move
into Executive Session to discuss collective bargaining; vote approved 4-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Chairman Xenakis stated the Board would be returning to Open Session after the Executive Session.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT
Board of Selectmen Meeting. The next Board of Selectmen meeting is scheduled for Monday, June 4,
2001, at Stevens Memorial Library at 7:00 PM. The following meeting June 18, 2001,the location is still to
be determined as the Library is holding the annual book sale.
Brooks School. Rosemary Smedile stated she attended an event at Brooks School,the opening of their
Campus Center. Brooks School made a special comment on thanking the Town of North Andover and
especially Robert Nicetta for all his help in completing their Campus Center.
Additional Item under New Business. Town Manager Mark Rees asked the Board to place an item, Self
Help Grant Application under New Business for tonight's agenda.
Thank you to Town Clerk for Annual Town Meeting. Rosemary Smedile wanted to thank The Town Clerk
and her staff along with the Finance Director, The Finance Committee and the Town Manager for all their
hard work for the successful completion of Annual Town Meeting.
LICENSING COMMISSIONERS
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to move into Licensing; vote approved
4- 0.
William Duffy made a MOTION, seconded by James Xenakis,to approve a One-Day Wine Only License
to Gardner LaPoer for Museum of Printing, 800 Mass Avenue, May 23, 2001, from 6:00 PM— 11 PM;vote
approved 4— 0.
William Duffy made a MOTION, seconded by James Xenakis,to approve the following (15) one-day
liquor licenses; vote approved 4— 0.
1. William Pogor/Wedding Reception May 25, 2001 7:00 p.m.-12:00 a.m. All Alcohol
2. Central Catholic Reunion Committee May 26, 2001 6:00 p.m.-11:00 p.m. All Alcohol
Therese O'Donnell
3. Graziella Wedding/Dora D'Agata May 27, 2001 4:30 p.m.-10:30 p.m. All Alcohol
4. Lina Ochoa/Wedding Reception June 2, 2001 6:00 p.m.-12:00 a.m. Beer&Wine
5. Kevin Foley/Graduation Party June 8, 2001 7:00 p.m.-11:00 p.m. All Alcohol
6. Heidi Barenthalet/Graduation June 9, 2001 12:00 p.m.-5:00 p.m. Beer&Wine
7. Leah Johnson/Bah Mitzvah June 9, 2001 7:00 p.m.-11:00 p.m. Beer&Wine
8. Carol Gallagher/Wedding June 10, 2001 4 :00 p.m.-10:00 p.m. All Alcohol
9. Gaylord Burke/MV Planning June 14, 2001 6:00 p.m.-10:00 p.m. Beer&Wine
Commission/Annual Dinner Meeting
10. Melissa Drew/Wedding Reception June 16, 2001 3:30 p.m.-9:00 p.m. All Alcohol
11. Trina Ellis/Wedding Reception June 17, 2001 4:00 p.m.-9:00 p.m. All Alcohol
12. Judy Cataldo/CPort Corp June 22, 2001 12:00 p.m.-5:00 p.m. Beer&Wine
Summer Outing/BBQ
Board of Selectmen Minutes May 21, 2001 Page 2
13. Mary Grace Palmisano/Wedding June 23, 2001 4:30 p.m.-10:00 p.m. All Alcohol
14. Ruth Fierro/Anniversary Party June 24, 2001 4:00 p.m.-9:00 p.m. All Alcohol
15. Karen Sindoni/Wedding June 30, 2001 1:00 p.m.-6:00 p.m. All Alcohol
James Xenakis made a MOTION, seconded by William Duffy,to move out of Licensing; vote approved
4- 0.
CONSENT ITEM
St. Gregory Armenian Apostolic Church.
William Duffy made a MOTION, seconded by Rosemary Smedile,to approve the use of the North
Andover Common for their Church Picnic-Festival on Sunday, September 9, 2001, from 12:00 PM.to 6:00
PM,and to pick up the trash as they use the receptacles; vote approved 4— 0.
OLD BUSINESS
Water Street Parking.
Resident Beverly Petrow of 148 Water Street,North Andover wrote a letter to the Selectmen and Town
Manager with her continued parking problems in the area, mainly the high numbers end of the street. Lt.
Carney of the Police Department stated since the Police posted the low number end of the street some
people have moved to this area of Water Street and park there all day. Lt. Carney has spoken to several of
the neighbors and received some written returns. Residents feel that two hour parking (Monday through
Friday 8:00 AM to 6:00 PM)would be the appropriate response to their problem. Lt. Carney
recommends the signs be posted on the even side of the street from number 140 to Clarendon Street.
Donald Stewart made a MOTION, seconded by William Duffy,to incorporate and enact the
recommendations made by Lt. Carney of the Police Department(two hour parking Monday through
Friday 8:00 AM to 6:00 PM,the signs should be posted on the even side of the street from number 140 to
Clarendon Street); vote approved 4— 0.
Stevens Estate Wireless Facility Lease.
On May 10, 2001,Town Counsel attended a meeting with technical representatives and attorneys for Sprint
Spectrum and AT &T. The carriers' plan is as follows:
1. Option A(preferred) is to have one pole, with both carriers on it and each would have some
equipment on the ground. The pole would be 100 feet in height. One pole is technically possible
at that height at that location.
2. Option B is to have two poles, with one carrier on each and each would have some equipment on
the ground. The poles would be 85 feet in height and would be about 80 feet from each other.
3. There would be no public safety antennae on the poles under either option.
4. Under either option,the Town would receive the rent that each carrier quoted in its response to the
request for proposal.
5. Under either option, approval would be required from the Board of Selectmen,the Board of
Appeals (height variance),the Federal Aeronautics Administration and the Massachusetts
Historical Commission. Under either option,the FAA might require a light at the top of the pole,
as well as other markings at the top.
6. On May 22, 2001,the carriers will be making an informal presentation to the Planning Board to
discuss these options and to receive feedback, and they will request a favorable recommendation
from the Board. The carriers also suggest a representative from the Selectmen's
Telecommunications Review Subcommittee might want to attend.
Donald Stewart stated he would be able to attend the Planning Board meeting on May 21, 2001.
James Xenakis stated his personal preference would be to have the two poles and add additional carriers in
the future to increase revenues and with the shorter height less of an eyesore and better for the airport with
the FAA.
James Xenakis asked for a recommendation from the Telecommunications Subcommittee.
Board of Selectmen Minutes May 21, 2001 Page 3
NEW BUSINESS
Cable TV License: Commencement of Renewal Process. The Town recently received a letter from AT &T
Broadband officially notifying the Town of their desire to start reviewing proceedings for their cable TV
License, which is due to expire on February 11, 2004. George Dague, chairman of the Cable TV
committee and John Savastano were present at the meeting. Mark Rees spoke with Attorney Bill August
and authorized him to work on this process. A retainer letter is forthcoming from Attorney August. The
Cable Committee's next meeting is June 20, 2001, and asked if it would be agreeable to have Mr. August
present. John Savastano said the committee would need help from management to help find out what
people are looking for, maybe a memo to all committees and departments to see what people may need.
Special Election to fill vacancy on Board of Selectmen.
With the resignation of Selectman John Leeman,the following information pertains to options available of
having a special election to fill the vacancy:
1. The position may be left vacant until the next annual election at which time the position would be
filled for the unexpired term.
2. The Board of Selectmen, under the provisions of Massachusetts General Laws Chapter 41 Section
10, upon vote of the remaining selectmen, may call a special election to fill such vacancy.
3. A special election shall be called upon request in writing from 200 registered voters of the Town.
4. As this time the March 2002 Annual Town Election is greater than 100 days and the above
provisions apply.
5. Should the Board of Selectmen call a Special Election pursuant to this section,the Board must file
with the Town Clerk notice of such election not less than 15 (fifteen) days before the last day to
submit nomination papers to the registrars of voters for certification. A minimum of 64 days prior
to the actual election date is necessary from the date you call the election to holding the election.
The election may be called for any future date now.
6. The Election must be to fill the unexpired term, which ends March 2003.
7. All procedures and regulations that apply to Annual Town Elections would apply— staffing, polling
locations, and hours.
William Duffy made a MOTION, seconded by Donald Stewart,to call a Special Election to fill the vacancy
on the Board of Selectmen on Tuesday, September 11, 2001; vote approved 4— 0.
The election calendar for the September 11, 2001 Special Election is: Last day to obtain nomination papers
Friday, July 20, 2001; Last day to submit papers to Registrars, Tuesday, July 24, 2001; Last date to file
with Clerk, Tuesday, August 7, 2001; Last Day to Object or Withdraw,Wednesday, August 9, 2001; Last
day for voter registration, Tuesday, August 22, 2001.
Review of Board's Sub-Committee &Liaison Assignments.
With the departure of John Leeman from the Board of Selectmen,there are currently some openings that
need to be filled.
William Duffy stated that the Board should be slowing down over the summer. If the Board puts current
members on committees now the Board is unlikely to take them back out. With the election of a new
member in September,that member may have special skills to serve on some of the different committees.
Rosemary Smedile stated she agreed with William Duffy and would be happy to volunteer on any
committees in the interim to help out.
William Duffy made a MOTION, seconded by Donald Stewart,to appoint William Duffy as the collective
bargaining Liaison to the Police Sergeant&Patrol Officers Union and the Police Lieutenants Union
negotiating contracts, vote approved 4— 0.
William Duffy made a MOTION, seconded by Donald Stewart,to appoint Rosemary Smedile to the
Lawrence Municipal Airport Enterprise Commission and the Lawrence Municipal Airport Long Range
Planning Committee on an interim basis; vote approved 4—0.
Board of Selectmen Minutes May 21, 2001 Page 4
Self Help Grant Application.
As part of the Self Help Grant Application,the Board of Selectmen has to sign a letter endorsing the
application. The second thing,the Board of Selectmen has to authorize the Town Manager to sign the Grant
Application on behalf of the Town.
William Duffy made a MOTION, seconded by Rosemary Smedile,to sign the letter authorizing the Town
Manager to apply for the Grant; vote approved 4— 0.
TOWN MANAGER'S REPORT:
Lawrence Municipal Enterprise Airport Commission.
On May 9, 2001, Mark Rees attended a meeting of the Lawrence Municipal Enterprise Airport Commission
where the Town Manager was informed that because of low anticipated traffic counts,the State will not
allow the Town to put a traffic light at the intersection of Holt Road and Rt. 125, although other
improvements at the intersection will be made. Mark Rees has requested documentation as to how that
determination was made.
Council on Aging.
There are currently four vacancies on the Counsel of Aging. Kathleen Gorman has forwarded four
candidates for consideration. The Board may also want to advertise the vacancies to see, if anyone else is
interested.
James Xenakis stated in his opinion we should advertise these positions. William Duffy asked if the two
local papers could run an article as public service news release listing the committees that have openings.
Mark Rees stated he would send letters to the current incumbents, whose terms are running out, asking
them to get back to us whether they want to be reappointed, put a news release public service
announcement listing the committees that have openings.
Annual survey.
With the assistance of the Police Department the Town Manager has expanded the Police Departments
annual survey to include other municipal departments as well. The survey will be distributed in the near
future.
Liquor Licenses.
Due to the increase in population in North Andover as determined by the 2000 Federal Census,the Town
has been granted an increase in the number of liquor licenses that can be issued as shown in the enclosed
letter from the ABCC. Three businesses in Town have previously stated their interest to apply for a
license, should an additional one become available. One of the requested has filed a completed application
and the hearing for the application is scheduled for June 4, 2001.
Also scheduled for June 4t''is the Public Hearing to reconsider the Board's decision to deny Den Rock
Liquor Mart's request for a liquor license and/or change of location.
Sidewalks on Rt. 125 Endicott Plaza.
Bill Barrett, developer of Endicott Plaza on Rt. 125 has been informed that as part of his State permitting
process,that he needs a letter from the Town stating that the Town will be responsible for the maintenance
of the sidewalks being required to be installed on Rt. 125. Mr. Barrett offered to install the sidewalks and
the Town has to maintain them.
ADJOURNMENT: Donald Stewart made a MOTION, seconded by William Duffy,to adjourn the
meeting at 8:08PM;vote approved 4— 0.
Kathleen O'Neill
Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board