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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