Loading...
HomeMy WebLinkAbout2001-02-20 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES February 20, 2001 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM. ATTENDANCE: The following were present: James M. Xenakis, Chairman; Keith Mitchell; John R. Leeman, Jr.;William Duffy; Donald B. Stewart; Mark Rees, Town Manager. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Keith Mitchell,to move into Executive Session to discuss potential litigation of Rocket Entertainment; vote approved 5-0. The Board was individually polled and each voted to move into Executive Session. 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. APPROVAL OF MINUTES: Keith Mitchell stated there are no Executive Minutes for October 30, 2000. Donald Stewart made a MOTION, seconded by Keith Mitchell,to approve the minutes for Executive Session and Open Session for October 16, 2000;the Executive Session and Open Session minutes for October 23, 2000; and the Open Session minutes for October 30, 2000; vote approved 5 - 0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT Board of Selectmen Meeting. The next Board of Selectmen meeting is scheduled for Monday, March 5, 2001, at Stevens Memorial Library at 7:00 PM. This will be Selectman Keith Mitchell's last meeting. OLD BUSINESS: Underground Utilities. Town Manager Mark Rees updated the Board that a year and a half ago Town Meeting adopted a By-law that requires the downtown area of North Andover that utility wires and poles be places underground. This was supposed to implemented beginning January 1, 2001,but has been post extended six months for planning. Mark Rees met with DPW staff, a lawyer who specializes in utility issues and the Town's consultant engineer to discuss implementation of the underground utilities by-law. The consultants submitted proposals ranging from$3,000 to $6,000 for Attorney John Shortsleeve and$1,400 to $2,800 for Weston& Sampson Engineers, Inc. The key issues revolve around having the cost of coordinating the project included in the 2%surcharge and having the private connection costs also be included in that revenue source. By hiring these experts to position the Town towards being able to include these costs we would be saving the Town's General Fund a considerable expense in the future as well as allowing Town Employee's to focus on their primary responsibilities. John Leeman made a MOTION, seconded by Keith Mitchell,to authorize Mark Rees to hire Attorney John Shorsleeve of Haverill and Weston& Sampson Engineers, Inc. to help coordinate the installation of underground utilities in downtown North Andover; vote approved 5 — 0. William Duffy stated that Attorney John Shortsleeve's rate of$200 and hour was more for private clients and a little excessive for municipalities, Mr. Duffy asked Mark Rees to negotiate a rate for municipalities, and to report back to the Board. Appointment of Police Officers. On Saturday, February 17, 2001, The Board of Selectmen interviewed and hired eight(8)new permanent Police Officers. They are: Jay Staude, Ronald Reid, Michaly Smith, Ashley Seed, Michael Davis, Chad Lawlor, Charles Gray and Scott Whittaker. Board of Selectmen Minutes February 20,2001 Page 2 NEW BUSINESS: Re-precincting: Town Clerk. Town Clerk Joyce Bradshaw stated that local reprecincting is adopted by vote of the Board of Selectmen. The Town Clerk presented a draft map to show what the map may look like when the final Federal Census population numbers are released to the Secretary of the Commonwealth and entered into the mapping program. The following timeline approximates information and necessary action deadlines: • March 21-30, 2001 —Release of individual census tract and block numbers for No. Andover • April 1, 2001-Draft Map being produced to show final Census distribution will be what we base the final precinct designations • The maximum number of residents (not voters and includes children) should be evenly divided, not exceed 4,000 and potentially not drastically effected by growth for the next ten years. • The Town Clerk will be reviewing potential polling locations in light of any changes. The final decisions for polling locations must take place before December 1, 2001. • May 2001-The Office of the Secretary of the Commonwealth will be preparing and accommodating potential changes for us. The final version of the map will be submitted for the Board's vote and approval. • June 2001-Once the reprecincting has been complete and approved on the local level and by the LEDRC,the State Legislature will proceed with actual redistricting. This exact process is still not finalized by the Legislature. Cable Television License Renewal Proceedings. A T&T Broadband's cable television license in the Town of North Andover expires on February 12, 2004. Federal and State regulations require that the renewal process commence between 30 and 36 months prior to the expiration of the license. Attorney Bill August was contacted recently and he has provided a Legal Services Proposal . Mr. August has recently formed a partnership with Peter J. Epstein who within the last year did consulting work for the Town. The Cable Committee will need input from various Town Departments during the negotiations phases. It has been requested by the Town and School Communication Technology Directors that the I-Net be upgraded to the latest in fiber optic technology. This is an expense benefiting the Town, which could be passed through to only those subscribing to the cable. Keith Mitchell made a MOTION, seconded by John Leeman,to appoint Selectman Donald Stewart to the Cable TV Advisory Committee; vote approved 5 —0. John Leeman made a MOTION, seconded by Keith Mitchell,to send John Savastono a letter and request he serve as a special member of the Cable TV Advisory Committee; vote approved 5 — 0. Town Manager Mark Rees will solicit other bids from firms that do this type of work but the Cable Committee's preferred attorney is Mr. August. This should be put back on a future agenda with the Town Manager reporting back to the Board. Parking Issues: Peters Street Shopping Area. Police Chief Richard Stanley sent a report to Town Manager Mark Rees, stating that parking has become a serious matter at the Peter Street Plaza. Officer Driscoll went to the plaza on February 9, 2001,between the hours of 11:00 AM— 1:30 PM and observed numerous cars parking in the fire lane (safety problem), all marked parking spaces were taken, no parking spaces were lost due to snow, cars are parking beyond the aisles,thus cutting into the travel lane from 2 lanes to one lane (safety), and presently there is one vacant store site in the plaza, however,there is no parking for any type of business that intends to enter this site. Building Commissioner Robert Nicetta met today, February 20, 2001,with Ann M. Moreno of Horizons Management Associates and Robert Kimball, Regional Manager of Rocky's Ace Hardware at the Ace Hardware Center in the Peter's Street shopping area. Questioned was the fenced in area abutting Peters Street, which is being used as a seasonal garden center. Both the lessor and the lessee Board of Selectmen Minutes February 20,2001 Page 3 were asked if the municipality granted permission to remove the existing parking spaces and convert the use to an enclosed garden center. Neither party had any written Town decision granting this use. Mr. Nicetta's investigation does not reveal any decision granting this use by the Town. Mr. Nicetta is of the opinion that the fenced in garden center is an accessory use to the primary use of the structure and is in violation of the front yard setback. The fence appears to be set on the property line and as such would be twenty-five (25) feet in violation of the front yard set back in the General Business District, which is 25 feet. A potential and/or partial solution to the problem could not be reached by the parties involved on the removal of the fence and the returning of the area to the original designation of parking. Mr. Kimball stated that his lease with Horizons Management Associates was with the garden center included. Ms. Moreno stated that they obtained the property with the garden center when NHD Hardware liquidated. John Leeman stated that the Board should ask Mr.Nicetta to send an enforcement letter to the property owner requiring them to remove the fence since it is in violation of the Town's Zonink By- Law and restore the area for parking. A cease and desist should be issued. John Leeman stated the Town is deluged with parking problems like Peter's Street Shopping Plaza and Chestnut Green. Mr. Leeman said maybe we have to make changes to procedures or by-laws with respect with granting building permits. The Town has some obligation to make sure as we are granting these licenses that we are not creating these problems, we have to take a more aggressive stand. The issue is that we ought not to be granting these permits without doing calculations of parking just because it's not a change of use. No matter what the use is the calculations of parking should be done. It shouldn't be same use from one restaurant to another restaurant. Mark Rees stated he will work with the Community Development Planning and the Building Inspector to see what changes, if any, we can make in the Town's By-laws to allow for that type of review on a site specific case. Mr. Leeman is of the opinion there are 70 parking spaces short for the square footage in the plaza, when the Zoning By- law is applied. William Duffy stated he was concerned when the Board is talking two different things when applicants come before the Board for a permit for Common Victuallers License or a Liquor License, than when the issue of land use is involved. That is really in the jurisdiction of the Planning Board and subject to the bylaws governing land use in Town. Mr. Leeman said the Board always considers parking and traffic issues when granting Common Victualler Licenses but does agree with Mr. Duffy that these issues should be dealt with before it gets to the Board. The Board of Selectmen told Panera Bread that there was a problem. Letters should be sent to Mr. Burliss and his Attorney with the latest findings of these parking problems. Proposed Modification to Public Records Law. Town Counsel Thomas Urbelis sent a letter to the Board urging them to request our state legislatures to support a bill that would clarify the public records law to allow for confidentiality of Attorney's work papers as they relate to their representation of local government clients. Without this amendment on the books, municipalities will be unable to defend lawsuits with the same protection given to private litigants. John Leeman made a MOTION, seconded by Donald Stewart,that the Town Manager be authorized to send a letter to the Town's representatives in the Massachusetts House and Senate informing them that the members of the Board of Selectmen endorse House Bill 2341 and that the Selectmen request that the representatives vote in favor of it; vote approved 5 — 0. Growth Management By-law Expiration. The current Growth Management By-Law is due to expire June 30, 2001. The Planning Board is meeting tonight and will come and discuss this at the Board of Selectmen meeting of March 5, 2001, or March 19, 2001. John Leeman asked to have statistics of Number of permits for single-family homes for the past 5 years along with census and sales information. Resident Sam Ameen stated the Miser Report (Massachusetts Institute Statistic Board of Selectmen Minutes February 20,2001 Page 4 Economic Research) is due out next week and most of the information Mr. Leeman requested should be in the Miser Report. TOWN MANAGER'S REPORT: Resignations. Mark Rees stated he received two resignations this past week from William Cunningham, Associate Member of the Planning Board and Richard Reming, member of the Steven's Estate Board of Trustees, both of whom cited increasing work responsibilities in their resignation letter. Town's Annual Report. The Board of Selectmen is responsible for drafting a report for the Town's Annual Report. Meeting with Mayor Dowling. Mayor Dowling invited Town Manager Mark Rees, Community Development Director William Scott and Finance Director Chuck Benevento out to lunch on Thursday, February 15, 2001,to discuss the long-term future of the airport and the Airport Industrial Commission. Budget Reviews. Most of the next week the Town Manager will be working with the Finance Director Chuck Benevento conducting meetings with division and department directors to review their FY02 budget requests. Selectman Mitchell's last meeting March 5, 2001. Keith Mitchell stated that William Duffy will not be present at Selectman Mitchell's last meeting March 5, 2001, and wanted to publicly thank William Duffy for all his work and what a pleasure working with Mr. Duffy. Also, Keith thanked William Duffy for his assistance on working on different Committees,the Ed-Reform and the Old Center Traffic Committee, which was a 2 -year process. William Duffy also wanted to reciprocate the kind words to Keith Mitchell for his hard work as Chairman of the Board for two years and his third year as a Selectman. William Duffy thanked Keith Mitchell for his many hours and all he's done for the Town; Mr. Duffy also stated he valued Mr. Mitchell's work as a colleague. ADJOURNMENT: William Duffy made a MOTION, seconded by John Leeman,to adjourn the meeting at 8:27 PM; vote approved 5 — 0. Kathleen O'Neill Administrative Secretary Keith Mitchell, Clerk of the Board