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HomeMy WebLinkAbout2009-05-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 12, 2009 CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 6:00 PM at North Andover High School Conference Room 1121. PLEDGE OF ALLIGIANCE ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Tracy M. Watson, Clerk; Richard A. Nardella, Licensing Chairman; William F. Gordon; Daniel P. Lanen; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager; Thomas Urbelis, Town Counsel. OLD BUSINESS: The Town Manager said that the Finance Committee and the School Committee signed off on the MOA and the Board of Selectmen need to sign it also. Preparation for Town Meeting Daniel Lanen said he wanted to Amend Article 3, 21, and 34 by having at least four(4) members of the Board of Selectmen vote on authorization for signing of agreements or contracts in excess of three years by the Town Manager, School Superintendent or the Board of Selectmen. Article #3: Authorization of the Town Manager or Superintendent of Schools regarding contracts in excess of three years. Daniel Lanen made a MOTION, seconded by Tracy Watson, to Amend and see if the Town will vote in accordance with the provisions of Mass General Law 30B, Section 12(b), to authorize the Town Manager or Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewed extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by a vote of at least four(4) members of the Board of Selectmen or the School Committee, as appropriate. Vote approved 5-0. Article #21: Authorization of the Town Manager to Lease the Stevens Estate at Osgood Hill in Excess of Three Years Daniel Lanen made a MOTION, seconded by Richard Nardella, to Amend to Authorize the Town Manager, with the approval of at least four(4) members of the Board of Selectmen, to enter into a management agreement in excess of three years for the management of the Stevens Estate at Osgood Hill. Vote approved 5-0. Article #34:Authorization to Lease a Portion of Land of the Stevens Estate at Osgood Hill— 723 Osgood Street—in Excess of three years for the purpose of allowing a wireless communications facility to be constructed at that location Daniel Lanen made a MOTION, seconded by Tracy Watson, to Amend to see if the Town will vote to authorize the Town Manager and the Board of Selectmen to enter into an agreement in excess of three years for the purpose of allowing a wireless communication facility to be constructed and operated at the at location upon a vote by at least four(4) members of the Board of Selectmen. Vote approved 5-0. Article #46: Petition the Legislature—Special Act to Incur Debt for the Purpose of Placing Utilities Underground in the Old Center Daniel Lanen made a MOTION, seconded by Tracy Watson, to adopt Article 46 as written in the warrant with the following amendments: Delete Section 4 in its entirety and Renumber Section 5 to Section 4 and add: "that in addition to the foregoing petition to the General Court, the Town also vote to petition the Board of Selectmen Minutes May 12, 2009 2 General Court to amend General Laws Chapter 166 and other general or special act, to authorize a utility and any provider of cable, internet, or internet telephone service, to impose a surcharge of two (2) percent on its billing to customers for whom they provide services for cable television, internet access or internet telephone services. Vote approved 5-0. Article #33:Amend Zoning Bylaw— Section 8.9 (2)— Wireless Service Facilities, Definition Preexisting Structure William Gordon made a MOTION, seconded by Tracy Watson, to Take No Action on Article#33. Vote approved 5-0. The Board of Selectmen requested Town Counsel Thomas Urbelis to rewrite the Wireless Service Bylaw. Tracy Watson made a MOTION, seconded by William Gordon, to recess at 6:55 p.m. and to reconvene for Town Meeting at approximately 7:00 p.m. ADJOURNMENT: Daniel Lanen made a MOTION, seconded by Tracy Watson, to adjourn the meeting at approximately 11:00 p.m. on Wednesday, May 13, 2009. Adele J. Johnson Administrative Secretary Tracy M. Watson, Clerk of the Board