Loading...
HomeMy WebLinkAbout2001-10-01 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES October 1, 2001 CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: Rosemary C. Smedile Chairman; James M. Xenakis; Susan Haltmaier; Donald Stewart; Mark Rees, Town Manager. (William Duffy was not present). EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into Executive Session to discuss collective bargaining, and pending litigation for Maritimes Pipeline; vote approved 4-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Donald Stewart yes; James Xenakis yes; Susan Haltmaier 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 Chairman Rosemary Smedile stated she would like to move the Approval of Minutes to the end of the meeting. Chairman Rosemary Smedile welcomed the newest Selectman Susan Haltmaier to the Board. Susan Haltmaier stated she was looking forward to getting to work. Moment of Silence. This is the first time the Board has met since the horrific and tragic events of September I Ph and would like to open tonight's meeting with a moment of silence for the victims,their families, friends, rescuers, and for our Nation that grieves. Ms. Smedile also read a statement that she prepared"As so many of us here and at home, I have spent most of my life in North Andover and never been so proud of my town as the last few weeks. For over 350 years this has been a community that cares and answers the call. Since September I Ph the Town has been awash with patriotism. A sea of red, white and blue;the spirit of giving and compassion has been abundant. The Town has raised thousands upon thousands of dollars for the relief effort. Our children sold ribbons and lemonade; our teens held benefits and candlelight vigils. Our Police and Firemen raised money along with others at the airport. The French Farms Neighborhood had a tremendous yard sale. Canisters are in the stores. The Rogers children had a"Circle of Friends United Ceremony". Our clergy organized an ecumenical service, had extra collections. It was reported Fr. Keyes brought his parishioners to their feet with words of inspiration. A town wide blood drive is being set up by town employees on November 21, 2001,the day before Thanksgiving, how fitting. The list goes on and on and I hope I haven't left anyone out. The Town Manager met with our Police and Fire Chief's, Superintendent of School, and myself to address town security. It should be noted that security has been tightened throughout the town. The water supply and airport are being monitored 24-hours a day. We have met and will continue to meet with our state and federal representatives seeking assistance in these areas. I have also asked the Town Manager to research and bring forward for discussion a reverse 911 system. This system allows town officials to call residents and businesses to alert them of an emergency situation. Information will be forthcoming. From our citizens and town employees the spirit for our country and the spirit and compassion of giving is alive and well in North Andover, and for this I am most grateful and most proud. Together we will be fine. God bless the good citizens of North Andover and our great Nation." Recognition of new Police Officers. The Board of Selectmen recognized and presented Certificates of Accomplishment to the eight new police officers that recently graduated from the Massachusetts Criminal Justice Training Council Police Academy on September 5, 2001. The eight new officers are: Michael J. Davis, Charles P. Gray, Chad Lawlor, Ronald Reid, Ashley Seed, Michaelyn J. Smith, Jay Staude and Scott Whittaker. Andover Board of Selectmen. Rosemary Smedile reported that our good neighbor to the South unfortunately had a tragedy in their town and lost their Chairman of the Board of Selectman, Mary French. On behalf of the Board of Selectman and the citizens of North Andover, we would like to send condolences to the French Family and the people of Andover. Ms. Smedile Board of Selectmen Minutes October 1,2001 Page 2 did call and express sympathy to the Andover Selectmen and offered any assistance North Andover could provide for people to attend services. Report from Town Clerk on Upcoming Special Elections. Town Clerk Joyce Bradshaw stated State Senate president Thomas Birmingham that an election will be held to fill the 3rd Essex seat of James Jajuga on the Eight of January. By statute 4 weeks before the election there will be a primary election on December 11, 2001, and will cover all precincts 1,2,3 &4 in North Andover for both elections. Poles will be open the usual hours from 7:00 AM— 8:00 PM. Precincts 1 &2 will be at the Middle School and Precincts 3 &4 from the Atkinson School. The last day for voter registration will be the day before Thanksgiving for the primary and the office will be open until 8:00 PM. Joyce Bradshaw wanted to thank the public and the voters of North Andover, as September I Ph was an election day. With all the difficulties of the day it was a wonderful tribute to the democratic process, which we try to preserve. So many people came out and became involved. Rosemary Smedile stated that Joyce Bradshaw did an outstanding job trying to get the word out that the polls were still opened; she is one of those town employees that the Chairman is so proud of. Next Selectman Meeting. The next Board of Selectman meeting is scheduled for October 15, 2001. Halloween Trick or Treating Hours. Chief Richard Stanley recommends Halloween Trick or Treating be on October 31, 2001, from the hours of 5:00 PM—7:00 PM. Donald Stewart made a MOTION, seconded by James Xenakis,to approve Halloween Trick or Treating hours on October 31, 2001, from 5:00 PM— 7:05 PM;vote approved 4— 0. LICENSING James Xenakis made a MOTION, seconded by Donald Stewart,to move into licensing; vote approved 4— 0. Consideration of conducting a hearing on alleged Liquor License violation. For the record James Xenakis stated he would be abstaining from this vote, as his family owns a liquor license at 701 Salem Street. Rosemary Smedile made a MOTION, seconded by Susan Haltmaier,to conduct a hearing on the alleged liquor license violation. The MOTION was amended by Rosemary Smedile, seconded by Susan Haltmaier,to conduct a hearing on the alleged liquor license violation on October 22, 2001; vote approved 3-0-1 (James Xenakis abstained). James Xenakis made a MOTION, seconded by Rosemary Smedile,to approve the following One-Day Liquor Licenses for Evy Gillette, Manager, Stevens Estate @ Osgood Street; vote approved 4— 0. 1. Joan Sunderland/Wedding Reception October 4, 2001 7:00 p.m.-12:00 a.m. All Alcohol 2. Shannon Towne/Wedding Reception October 6, 2001 4:00 p.m.-9:00 p.m. All Alcohol 3. Don Behenna/Wedding Reception October 7, 2001 2:30 p.m.-7:30 p.m. All Alcohol 4. Al Torrisi/Jackson Lumber/BBQ October 9, 2001 3:00 p.m.-7:00 p.m. All Alcohol 5. James Dooque/Rehearsal Dinner October 11, 2001 6:00 p.m.-10:00 p.m. All Alcohol 6. Sharon Coleman/Halloween Party October 13, 2001 7:00 p.m.-12:00 a.m. All Alcohol 7. Beth Dimitruk, MV Hospice Fundraising October 14, 2001 2:00 p.m.-6:00 p.m. Beer&Wine 8. Ellen Mosher/Sargent School Fundraising October 27, 2001 7:00 p.m.-12:00 a.m. All Alcohol James Xenakis made a MOTION, seconded by Rosemary Smedile,to move out of licensing; vote approved 4-0. PUBLIC HEARINGS Board of Selectmen Minutes October 1,2001 Page 3 Massachusetts Electric Pole Petition. Peter Glynn of Massachusetts Electric requested permission for Plan 4853/447 to place one pole 171/2287 on Booth Street. James Xenakis made a MOTION, seconded by Donald Stewart,to approve pole petition Plan 4853/447 to place one pole 171/2287 on Booth Street; vote approved 4— 0. Boat access to Lake Cochichewick. At your last meeting,the Board voted to conduct a public hearing on this matter. Staff was preparing to make a recommendation on how the Selectmen should proceed, but the events of September 11, 2001,have necessitated further review. The Board does not anticipate making a decision tonight on this matter,the purpose is for the public to provide input to the Board, so they can take this information in addition to information the staff will be providing and come up with a final determination. Several residents spoke for access while some of the residents spoke against access. Steve McCarthy a life long resident of North Andover spoke on behalf of fishing and boat access on Lake Cochichewick. Mr. McCarthy stated he has been fishing on the lake for 30 years and stated the only safe place to park was the old pumping station that the town owns. This is flat and safe for parking. This is also not being used for anything else and approved by the wetlands and conservation for parking. Mr. McCarthy also stated a solution could be the town selling parking permits. Maureen Hart of 117 Prescott Street stated she is concerned with water quality. Ms. Hart is not concerned with canoes however Ms. Hart is concerned with boaters using gasoline engines. With a public boat access Ms. Hart is very concerned with others without permits launching boats. Ms. Hart also stated people are using gas powered augers in the winter while ice fishing. James Lafond of 329 Johnson Street stated the lake has been a great source or recreation going back three generations. The Town needs to address a few issues. The first,there cannot be multiple uses of a resource. Unless there is some scientific evidence that would preclude the use of boaters and people walking around the shore and fishing, Mr. Lafond does not see why the town should have a single use of the lake. The town has never had that policy before. Mr. Lafond has seen more and more restrictions. The Town restricts parking, boat access, motor access. Mr. Lafond stated the lake is the largest lake in Essex County, a beautiful resource and should be there for use under proper management. David Urry of Vest Way pointed out Quabbin Reservoir was closed due to the events of September I Ph. Mr. Urry asked if the town would check with the State and for the town to protect our water supply. Paul Lawson of 1925 Great Pond Road stated there was a robbery in his neighborhood and asked the Board if they would consider having someone there at all times to monitor problems with tractor trailers going thru at 40 MPH while cars and trucks hauling boats are trying to get out. Dave Rand of 280 Dale St. stated Brooks School has been a wonderful neighbor but they have been using a gas engine. Mr. Rand also stated cows used to be in the lake with no detriment to the town. To start prohibiting the lake now would be an injustice to the entire community. Mr. Rand stated the town is better off with the people out on the lake keeping their eyes open than we are to restrict the usage. Mr. Rand stated the Town prohibited gasoline engines two years ago and there are no signs along the lake that state this; post signs so the public will know. Don't leave it up to the Police Department. Amos Rogers or 337 Appleton Street stated we all own property and would not want a lot or public use around our property but there has to be a balance so people have access and safety and at the same time respect property owners around the lake but we should share the resources. Manuel Rei of 32 Deer Meadow Road stated there is no enforcement on the lake. Mr. Rei gets his permit but he sees so many boats on the lake with no permit. Mr. Rei stated we don't need more rules and regulations we have plenty of them, what we need is enforcement. Signs should be posted for no gas engines but when you get your permit for your boat,you will know gas engines are not allowed. Oil trucks and gasoline tankers driving down route 133 worry Mr. Rei a lot more than a little boat with a gas engine. Mr. Rei also stated he would like to see Board of Selectmen Minutes October 1,2001 Page 4 more access to the lake and the use of car top carriers as trailers could have organisms or plants that should not be transferred to the lake. It was reported that Mr. Rei is an environmental engineer and would be a great member to any committee in protecting the lake. Herbert Hayes of 169 Chestnut Street stated extended use of Lake Cochichewick for recreation is an argument that has been used to justify getting State funds. Kevin Sparks of 325 Johnson St echoed what a number of people said in support of access to the lake. The concept of stewardship is very popular with conservation in New England. People who really care for natural resources are the best ones to look out for them. If we want to teach our children how to take care of the lake we have to get them out on the lake. Wilfred Nadeau of 48 Beacon Hill Blvd stated kayaks should not be restricted from the lake. Mr.Nadeau stated he would be causing more pollution driving down 133 trying to get out of town with his kayak than putting his kayak in the water. On the gasoline motor issue used by Brooks School, Mr.Nadeau stated there are higher tech, high capacity electric motors that Brooks School could use to replace the gasoline engine. Frank Ragonese of 1939 Great Pond Road believes the answer to this problem is monitoring and enforcement, and it is required. Mr. Ragonese believes a committee comprised with town representatives, individuals, fishermen and neighbors would be helpful. Mr. Ragonese also reported a family with four dogs were swimming in the lake, our drinking water. Mr. Ragonese also stated the ramp for boat access is in terrible condition and an accident waiting to happen. Leonard Degnan stated more posted signs are necessary. Mr. Degnan also stated years ago the town had a warden, Jim Nutton, and there was enforcement. The town needs enforcement and maybe should hire a warden and pay him a stipend. Rosemary Smedile stated the Board wants to protect people's rights and freedoms but we also have to protect our drinking water. James Xenakis stated the common theme is town residents and taxpayers should have the ability to access the lake. Whether we provide easy access is another matter. We have to balance everyone's concerns. James Xenakis also stated the boulders near Steven's Pond could be moved and if the road is too steep it can be grated. James Xenakis also stated the town needs a clear policy in place as there is some ambiguity as to what constitutes a safe boat; kayaks or canoes. Mr. Xenakis also stated the Department of Public Works should have more routing trash pickups around the lake. Donald Stewart stated he has been a resident for 61 years. In listening to all this discussion three things come to mind. 1. We need access to the lake. 2. We have a homeowner who prefers not to access to the lake in front of his house. 3. We have concerns regarding the quality of water. It is the right of the citizens of this town to have access to the lake. Mr. Stewart stated by next fishing season he would expect to have boats on the lake, and we have to figure out some way to find safe access to the lake. Susan Haltmaier stated she is hearing two separate issues; access and enforcement. Ms. Haltmaier also stated she is in favor of access to the lake because she believes in multi use and stewardship if it is done right and done properly. James Xenakis made a MOTION, seconded by Donald Stewart,to instruct the Town Manager to put forth a recommendation as to the structure of the committee, have a selectman or town manager chair the committee, and solicit equal support from neighbors and fishermen, and give the committee a charge to report back to the Board of Selectmen with policies with avenues for enforcement, permit fees, application process and look for various sites for access to the lake. Suggested people on this committee would also consist of members from Public Safety, Conservation, and Department of Public Works; vote approved 4— 0. OLD BUSINESS Auxiliary Police Officers Several months ago the Board put a stay on the appointment of any auxiliary police officers pending further review of this program. Police Chief Richard Stanley recommends the auxiliary police program should continue. James Xenakis would like to see postings for these positions and also speak with the Police Chief and Emergency Management to inquire as to their long-term recruitment needs. Board of Selectmen Minutes October 1,2001 Page 5 Donald Stewart made a MOTION, seconded by James Xenakis,to have the Town Manager post for the positions and bring forward recommended candidates for the position of Auxiliary Police Officers to the Board of Selectmen; vote approved 4-0. Acceptance of Foxwood Water Pumping Station. At the December 2000 Special Town Meeting,the Town voted to authorize the Board of Selectmen to accept the water pumping station that serves the Foxwood Subdivision. Town Planner Heidi Griffin, DPW Director William Hmurciak and Town Counsel Thomas Urbelis are in agreement that everything is in order for the town to accept the water pumping station. Public comment: Jack Devlin wanted it noted for the record that William Hmurciak and Jack Devlin have worked out all the issues. William Hmurciak recommended the Town accept the pumping station. James Xenakis made a MOTION, seconded Donald Stewart,to accept the Foxwood water pumping station; vote approved 4— 0. NEW BUSINESS American Flag on Bradford Street Water Tower. Mr. Charles Ormsby, a resident of North Andover, contacted the Town Manager and asked as part of the repainting of the Bradford Street Water Tower, which is currently underway,that an American Flag be painted on the structure. Mr. Ormsby stated he would raise private donations for the painting and guarantee the remainder. This would not be a financial burden on the Town. Town Manager Mark Rees will check with the Veterans Agent regarding flag etiquette and the FAA for the red and white stripes for the airport and report back to the Board in a couple of weeks. Street Acceptance Procedures. Town Counsel Thomas Urbelis has recommended to Mark Rees several times in the past that the Town needs to "tighten up"procedures for acceptance of roads. Thomas Urbelis and Heidi Griffin, Town Planner, have drafted procedures for the Boards consideration. James Xenakis made a MOTION, seconded by Donald Stewart,to adopt the recommendation from Town Counsel and the Town Planner regarding street acceptance procedures; vote approved 4-0. Comprehensive Permit Application; Meeting House Commons (i� Smolak Farms. James Xenakis has several concerns with this development. James Xenakis stated this is not a place for a 93 unit development and the increased traffic is a public safety concern. James Xenakis complimented Susan Haltmaier on such a thorough report. Mark Rees stated he would send a memo to the Zoning Board of Appeals asking them to press the applicant to do the cost analysis for the students, clarify the over 55 age restriction, and look into more detail the traffic cut through with the infrastructure of the roadways. James Xenakis stated that developments not only impact our school system but public safety and our infrastructure as well. Preparation for Fall Special Town Meeting. Although the state has not yet passed its FY2002 budget, the Town can no longer delay setting a special fall town meeting. Town Manager Mark Rees is recommending Special Town Meeting be held Monday, December 3, 2001. James Xenakis made a MOTION, seconded by Susan Haltmaier to set December 3, 2001 to hold a fall Special Town Meeting; vote approved 4— 0. APPROVAL OF MINUTES James Xenakis made a MOTION, seconded by Donald Stewart,to approve the executive and open session minutes of June 11, 2001 and the executive and open session minutes of June 18, 2001; vote approved 3-0-1. (Susan Haltmaier abstained, as she was not present at those meetings). Board of Selectmen Minutes October 1,2001 Page 6 TOWN MANAGER'S REPORT: MMA Fundraising for Public Employ The Massachusetts Municipal Association with the National League of Cities has established a special relief fund to support public employees affected by the September 11 terrorist attacks. The Board granted the Town Manager permission to circulate the enclosed information on the fund to town employees. Letter of thanks to Police and Fire Departments from Lawrence Savings Bank. The Town received a letter from the Lawrence Savings Bank thanking the Police and Fire Department for their"exemplary service"in response to a suspicious unidentifiable package found at their bank building on September 11, 2001. Youth Center Facility of Merit Award. Rick Gorman informed Mark Rees that North Andover was awarded a 2001 Facility of Merit Award by Athletic Business Magazine for the town's Joseph N. Hermann Youth Center. Town Engineer resigns. James Rand, Town Engineer, has tendered his resignation to the Department of Public Works. Jim will be taking a similar position for the Town of Westford. Sealer of Weights and Measures. The Town has been without a Sealer of Weights and Measures for sometime. Last year the state offered its personnel to the Town for this service at a fee and is willing to do so again this year. The new Director of Community Development and Services will be charged with making a recommendation to the Board as how this responsibility will be handled next year. EXECUTIVE SESSION James Xenakis made a MOTION, seconded by Donald Stewart,to move into Executive Session to discuss pending litigation; Campion Hall; vote approved 4— 0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote: Donald Stewart yes; James Xenakis yes; Susan Haltmaier yes and Rosemary Smedile yes. Chairman Smedile stated the Board would reserve the right to return to Open Session after the Executive Session ADJOURNMENT: James Xenakis made a MOTION, seconded by Susan Haltmaier,to adjourn the meeting at 10:44 PM;vote approved 4— 0. Kathleen O'Neill Administrative Secretary James M. Xenakis, Clerk of the Board