HomeMy WebLinkAbout2001-11-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES November 5, 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; Donald
Stewart; Susan Haltmaier; Mark Rees, Town Manager; Assistant Town Manager Ray Santilli. (William Duffy not
present).
EXECUTIVE SESSION: James Xenakis made a MOTION, seconded Susan Haltmaier,to move into Executive
Session to discuss land acquisition, pending litigation regarding Campion Hall and Campbell Forest Subdivision;
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.
APPROVAL OF MINUTES: Donald Stewart made a MOTION, seconded by James Xenakis,to approve the
Executive Session I, Executive Session II and Open Session minutes of April 30, 2001; vote approved 2-0-2
(James Xenakis abstained as he was not present at that meeting and Susan Haltmaier abstained as she was not on
the Board at that date).
James Xenakis made a MOTION, seconded by Susan Haltmaier,to approve the Open Session minutes of October
1, 2001, and the Executive Session I &II minutes of October 1, 2001; vote approved 4-0.
COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT
Reports from Festival, Parade and Tree Lighting Committees.
Sgt. Fred Soucy is working on the parade to be held on the Saturday after Thanksgiving November 24, 2001.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to grant a Parade Permit for the holiday parade
to be held November 24, 2001; vote approved 4-0.
Festival Committee
Fire Chief William Dolan was present with Festival Committee members Joan Heafey, Kathy Dawson, Martha
Salisbury and Joyce Bradshaw. The 4t''of July is the largest expenditure and last year's fireworks were $7,000,
the reenactment on the Common, which was approximately$500. Ms. Heafey stated the committee is trying to
get more booths and crafters and the committee can use all the help they can get both with people volunteering
and money. Chief Dolan also stated the Sheep Shearing will be a Sunday between Mother's Day and Memorial
Day. Anne Conte was not present to comment on the Tree Lighting, one of the members of her committee
updated the Board as to repairs and stated the committee will spend$1000 repairing the lights, bulbs and placing
red, white and blue lights on the center tree on the Common. Rosemary Smedile stated she has holiday wreaths
for downtown and around the Common. The wreaths will have red, white and blue ribbons and cost$50.00 for
the "adopt a wreath"program. Chairman Smedile thanked everyone for their hard work and efforts in making the
festivals successful and the Town so special.
Town Manager's Appointments.
Director of Community Development and Services.
Subject to the Boards approval Town Manager Mark Rees appointed Heidi Griffin as Director of Community
Development and services.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to approve the Town Manager's appointment of
Heidi Griffin as Director of Community Development and Services and to have the Town Manager start a search
for a new Town Planner; vote approved 4-0.
Heidi Griffin thanked the Board of Selectmen, Town Manager and Assistant Town Manager for having the
confidence in her ability to make the transition from Town Planner to Director and is fortunate to have a
Board of Selectmen Minutes November 5, 2001 Page 2
competent and capable staff that she will be working for on a daily basis and thanked the Planning Board who she
has had the pleasure of serving over the past 2 '/2 years.
Lake Cochichewick Access Study Committee.
Town Manager Mark Rees will be appointing two more members to this committee. As of this time Mr. Paul
Blain, a member of the DEP staff,has agreed to serve while the Town Manager is waiting for final confirmation
on the other appointee.
Redistricting.
Town Clerk Joyce Bradshaw summarized the proposed redistricted precincts that have been passed by the House
and Senate. Last minute changes were made by amendment to the Senate districts. There were changes made to
North Andover's Districts by way of that amendment. It should be noted that a resident Graydon McCormick of
72 Turnpike Street is a candidate for the vacant Third Essex seat in the primary of December 11, 2001, with
subsequent final election on January 8, 2002. In contact with Senator Rosenberg's office (Chair, Senate
Redistricting)the indication was that the next step was the Governor's approval. Mr. McCormick is running for
the State Senate seat vacant in the Third Essex District, which presently includes Pets. 1, 2, 3, &4 in North
Andover. Mr. McCormick lives in Pct. 3, which means that if he is elected to the Senate in the Special Election
on December 11, 2001, or January 8, 2002, Mr. McCormick would be forced to move his residence in order to run
again in his district.
James Xenakis stated in it is very difficult to maintain who lives in what part of North Andover and be
represented by that representative. Right now this Town has two different Representatives and two different
Senators. One representative and one senator should represent North Andover.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to have the Town Manager sent a letter to
Governor Jane Swift, Speaker of the House and the Senate President, asking them to keep in mind that North
Andover would like to be kept whole instead of broken up precinct by precinct in the redistricting; vote approved
4-0.
Post Office will stay on Main Street. Selectman Smedile announced the Post Office will be staying on Main
Street and not moving to the airport.
Brooks Skating, Rosemary Smedile stated Sunday Night skating at Brooks School will begin November 4, 2001
through February 24, 2002,with skating from 6:30 PM-8: 30 PM with admission of$2.00.
LICENSING COMMISSIONERS
James Xenakis made a MOTION, seconded by Donald Stewart,to move into Licensing; vote approved 4-0.
James Xenakis recused himself from the Licensing hearing.
Liquor License Violation Hearing: McAloon's Package Store.
Rosemary Smedile stated for the record that underage drinking is a problem with the college, kids in town. This
is not just happening in North Andover but kids are drinking, even in the First Family. This is a difficult job and
people in the liquor industry are on the front line everyday. Kids will go to great lengths to fool them and we
have to be smarter than the kids. Mr. Buco has done a lot of things right, he has worked with the Police, even
before this incident. It is a shame that a young man used a very good fake ID, but it was an out of state license.
The Board of Selectmen has a job and they have to keep the kids alive and keep the streets safe.
Rosemary Smedile made a MOTION, seconded by Susan Haltmaier,to have the Licensing Commission make a
finding that the License of McAloon's Liquors sold alcoholic beverage to a person under 21 years,this would be
the first offense of record and failure to maintain his TIPS certification which would be his second offense; vote
approved 3-0 (Mr. Xenakis did not participate in the hearing).
Susan Haltmaier supports what Ms. Smedile stated and also wants to be supportive of the Police Department who
are working hard to protect our Town, as this is a college town and an ongoing battle.
Board of Selectmen Minutes November 5, 2001 Page 3
Donald Stewart stated his views are different on TIPS certification and believes once certified that wasn't as big
of a problem as serving alcohol to a minor. Donald Stewart also stated that it was a good fake ID but it was an
out of state license.
Mr. Buco stated at his expense he is buying an ID checker and apologized for being fooled, he made a mistake,
and it will not happen again. Mr. Buco is taking means to make sure this does not happen again. Attorney
Vivenzio stated there has never been a finding against Mr. Buco in 26 years.
Rosemary Smedile made a MOTION, seconded by Susan Haltmaier,to suspend McAloon's Liquor License for
one- day January 7, 2002, for the sale to a minor; and to suspend McAloon's Liquor License on January 14, 2002,
for one-day for the second violation failure to be TIPS certified; vote approved 3-0.
Allowing Restaurants to serve alcohol until 2:00 AM on New Year's Eve.
Susan Haltmaier made a MOTION, seconded by Rosemary Smedile,to allow any restaurants that request to stay
open until 2:00 AM on New Year's Eve if requested by December 15, 2001; vote approved 4-0.
Licensing Chairman Donald Stewart stated it has come to his attention that during day light savings when clocks
are turned back certain restaurants are turning clocks back before 2:00 AM to serve alcohol for an additional hour.
Town Clerk Joyce Bradshaw stated the license renewals are all going out and a reminder can be sent out with the
renewals that state that during day light savings the clocks are not adjusted until 2:00 AM.
Evy Gillette, Manager, Stevens Estate n, Osgood Hill requests the following one-day licenses:
Tina Kasabuski/Wedding Reception Nov 10, 2001 6:30 p.m.-11:30 p.m. All Alcohol
Jane Walsh/Anniversary Party Nov 11, 2001 4:00 p.m.-9:00 p.m. All Alcohol
Cindi Cavanaugh/Wedding Reception Nov 23, 2001 6:00 p.m.-11:00 p.m. All Alcohol
Zan Buczynski/Wedding Reception Nov 24, 2001 6:00 p.m.-11:00 p.m. All Alcohol
Rosemary Smedile made a MOTION, seconded by Susan Haltmaier,to approve Stevens Estate @ Osgood Hill
requests; vote approved 4-0.
Donald Stewart made a MOTION, seconded by James Xenakis,to move out of licensing; vote approved 4-0.
The Senior Center was evacuated and the Board of Selectmen meeting continued at the Fire Department at 124
Main Street, North Andover due to the smell of something burning and the smoke detectors going off.
CONSENT ITEMS
Veterans Day Parade.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to grant a parade permit to Veteran Agent
Edward Mitchell,to hold Veterans Day Parade on November 11, 2001, at 10:00 AM; vote approved 4-0.
Request for Water/Sewer Connection Fee Waiver: William Barrett.
Mr. Barrett withdrew his request.
Preparation for December 3, 2001 Special Town Meeting_.
Susan Haltmaier made a MOTION, seconded by James Xenakis,to reopen the warrant for Special Town Meeting
December 3, 2001;vote approved 4-0.
James Xenakis made a MOTION, seconded by Donald Stewart to remove Article A. Reports of Special
Committees from the Warrant; vote approved 4-0.
Susan Haltmaier made a MOTION, seconded by Donald Stewart,to remove Article P. Amend Zoning Bylaw-
Adoption of Section 8.11-Tattooing or Body Piercing Establishment from the Warrant; vote approved 4-0.
Donald Stewart made a MOTION, seconded by James Xenakis,to remove Article R. Transfer of Land- 122
Dale Street-McCarthy Property from the warrant; vote approved 4-0.
Board of Selectmen Minutes November 5, 2001 Page 4
Susan Haltmaier made a MOTION, seconded by Donald Stewart,to place Article T. Amend Article 40
"Acquisition of Land-Hawk Ridge Subdivision" May 14,2001,Annual Town Meeting, on the warrant for
Special Town Meeting December 3, 2001;vote approved 4-0.
Sub—Committee to format Warrant for Special Town Meeting December 3, 2001.
Donald Stewart made a MOTION, seconded by James Xenakis,to have Selectmen Susan Haltmaier and James
Xenakis,to work with the Town Manager, Town Moderator and Town Clerk ordering the warrant;vote approved
4-0.
NEW BUSINESS
Community Preservation Act Bond Anticipation Note.
Charles Benevento, Director of Administration and Finance requested the Board of Selectmen to approve and sign
the Bond Anticipation Note for the purchase of the Carter Hill property. Once revenues start coming in from the
surcharge authorized by the Town's acceptance of the Community Preservation Act, borrowed funds would be
paid back. Also, in putting this Bond Anticipation Note together with temporary financing Moody's reviewed the
Town finances and rated the Town with the highest rating of MIG 1, for superior credit quality, excellent
protection as afforded by established cash flow and highly reliable.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to authorize the Treasurer to issue the Bond
Anticipation Notes of$1,232,000.00 at the interest rate of 2.0190%dated November 8, 2001 and due April 11,
2002; vote approved 4-0.
Annual Town Meeting Calendar.
James Xenakis made a MOTION, seconded by Susan Haltmaier,to set the date for Annual Town Meeting for
May 13, 2002, at the High School Fieldhouse; vote approved 4-0.
Ballot Initiative to change MGL Chapter 40B.
Selectman Peter Confrey from the Town of Mendon requests the North Andover Board of Selectmen to endorse a
statewide ballot initiative, which would make changes to MGL Chapter 40B,the Massachusetts Comprehensive
Permit Law. The changes would reassert local control over a core group of planning and environmental issues and
would allow cities and towns,through their Zoning Board to make "reasonable limitations"on projects proposed
under 40B. The proposed law would prevent the Committee from finding that a condition imposed by the local
board makes a low or moderate income housing development"uneconomic"if the condition either(1) imposes
reasonable limitations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks,
open space, parking and building coverage; or(2) operates to prevent the development of a parcel that is
physically or environmentally unsuitable for development.
James Xenakis made a MOTION, seconded by Donald Stewart,to support the initiative to change MGL, Chapter
4013; vote approved 4-0.
TOWN MANAGER'S REPORT:
American Flag on Bradford Street Water Tower.
James Xenakis made a MOTION, seconded by Donald Stewart,to paint the American Flag on the Water Tower
with no lettering; vote approved 3-0-1. (Susan Haltmaier abstained).
ADJOURNMENT: Susan Haltmaier made a MOTION, seconded by James Xenakis,to adjourn the meeting at
9:50 PM;vote approved 4— 0.
Kathleen O'Neill
Administrative Secretary James M. Xenakis, Clerk of the Board