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HomeMy WebLinkAbout2007-10-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 22, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: James Xenakis, Chairman; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, 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. Daniel P. Lanen, yes; Mark Caggiano yes, Rosemary Smedile, yes, and James Xenakis yes. Vote approved 4-0. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the Open Session Minutes September 17, 2007 and October 1, 2007 as written. Vote approved 4-0. Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the Executive Session Minutes of September 17, 2007 and October 1, 2007 as written. Vote approved 3-0-1. Daniel Lanen abstained. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: New Business Recognition The Board of Selectmen presented a Certificate of Appreciation to Trada Shell Gas Station &Osgood Convenience Store, 1505 Osgood Street, for locating their business in North Andover. The Board of Selectmen presented a Certificate of Appreciation to the Beijing Restaurant for the recent renovation project to the restaurant. The Board of Selectmen presented a Certificate of Appreciation to the Greater Lawrence Community Action Council, Inc. for recognition the (WIC) Program for women, infants and children and its service to the community. Emergency Dispensing Site Plan, Board of Health/Fire Department The Board of Health Susan Sawyer, Director and Deb Rillahan, Public Health Nurse with the assistance of Fire Chief William Martineau presented their emergency response plan to provide for the mass dispensing of vaccines in the event of a pandemic emergency. The plan utilizes the National Incident Management System (NIMS). Fire Chief Martineau is currently training all town employees and volunteers in case of an actual emergency. The Federal Government provides Grants and assistance to Towns and Cities that are properly trained for emergencies. Announcement Selectman Rosemary Smedile said that some of the trees on the Town Common are diseased. These trees have been treated by a tree surgeon and some are beyond saving. Selectman Smedile asked to hold a Public Hearing in the future to inform the public of which trees can be saved and which ones must be taken down. CONSENT ITEMS: Permission to hold the 19th Annual Cambridge Sports Union Rollerski Race November 4, 2007. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the request for the Rollerski Race on November 4, 2007. Vote approved 4-0. Board of Selectmen Minutes October 22, 2007 2 Halloween Trick or Treat Date and Hours Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the recommendation from the Police Department to be held on Wednesday, October 31, 2007, from 5:00 p.m.-7:00 p.m. Vote approved 4-0. Note: Daniel Lanen recused Request to fill vacancies: Communications Officer and Library Custodian (Temporary) Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the requests to hire the vacancies. Vote approved 3-0. Note: Daniel Lanen returned Request to close Davis Street for Library Anniversary Celebration Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the request to close Davis Street directly behind the library on November 4, 2007 from 2:00 p.m.-5:00 p.m. Vote approved 4-0. Request for permit for Veterans Day Parade and Ceremony Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to approve the request from the Patriotic Observance Committee's request to hold a parade and ceremonies on Sunday, November 11, 2007. Vote approved 4-0. Acceptance of Donation for Fire Department from Watts Regulator Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to accept a donation in the amount of $2,000 from Watts Regulator to the Fire Department for a new thermal imager. Vote approved 4-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to move into Licensing. Vote approved 4-0. After a preliminary review of proposed changes to the liquor rules and regulations, the Board scheduled a Public Hearing to received comments before adoption. LICENSING PUBLIC HEARING: James Xenakis made a MOTION, seconded by Rosemary Smedile, to open the Public Hearing for the Town's Liquor License Policy Rules and Regulations. Vote approved 4-0. Selectman Lanen asked about the time period between first and second offenses for violations. Licensing Chairman Caggiano answered that within 60 months of first offense 5 to 15 day suspension Selectman Smedile asked about suspensions on Liquor stores vs. a Restaurant suspension or convenience store. Town Manager Mark Rees said that wording should be changed rather than using specific days of the week such as in the paragraph below. Licensing Chairman Caggiano answered the violations are to be used as guidelines as on page 8. 32 Violations would be to add to the following statement: The Licensee shall serve suspensions on consecutive business days beginning on the third Thursday following the imposition of penalties by the Board or as such date determined by the Board. Under the following criteria may be considered by the Board in determining the penalty to be imposed: add item (h) saving (with the percentage of the establishments revenue sales that result from solely from the sale of liquor). Selectman Xenakis said that our town gets a large number of out-of-state licenses and that this should be considered. Board of Selectmen Minutes October 22, 2007 3 Caggiano said that this is State law not just the town's regulation. Caggiano suggested to speak to other border towns such as Salisbury to see what steps they have taken. Selectman Lanen commented on page 10, item 9, Serving Customers. No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the capacity of which is in excess of sixteen fluid ounces. Selectman Smedile asked about Page 9, Sec. B, 1, Food Service Required. Caggiano said that all license holders must offer food for the hours that alcohol is served. A lighter nighttime menu must be offered, not just a bowl of pretzels. Selectman Lanen commented on Page 10.11, Service of Alcoholic Beverages Limited. No more than one alcoholic beverage drink shall be served to a patron at one time. Caggiano said that no one should be carrying four beers back to a table, because these could be going to minors. The Town Clerk's office commented that the Board should also consider that the state law also requires the notification of the parent or guardian or an underage person when conducting a hearing on a licensed establishment selling alcoholic beverages to that minor. Richard Pruneau of 546 Foster Street commented about function rooms at establishments, which have only one bartender during a function. If the bartender could only serve a patron one drink, he would never be able to serve all the patrons at the function. He also commented on after serving four alcoholic beverage drinks without prior approval of the manager. The most important person at a function is a bartender, not the managers. The Board should write letter to our legislatures to change some of the antiquated licensing laws. Maybe if the law states that if you use a fake license you can loose your legal license for two years. Also everyone uses out-of-state licenses. If caught with an illegal license, a person can be charge in possession with a fake ID and the information is passed on to the Registry of Motor Vehicles with a possible suspension up to a year. Harold Johnson manager of the Knights of Columbus commented on Page 2, item 10, Manager and Alternate Managers. Mr. Johnson said that he considers his bartenders to be his alternate managers and are totally responsible while he is absent. Bill Dwyer owner of Tuscan Market Inc./Vineyard 554 Turnpike Street commented on Page 3, item 17, Employee Training. Mr. Dwyer agrees that it is most important to have all employees trained and TIP Certified, which he continues to do every 3 years. Mr. Dwyer asked for clarification on Page 4, item 20, Hours of Operation. What are the legal hours of operation? Caggiano said that the hours of operation are listed on the License of each establishment. In general everyone has the same hours. Mr. Dwyer commented on Page 6, item 30, I, Plan Requirements. Why eight copies of a floor plan. Caggiano said that this is for a new applicant. If an existing Licensee does renovations to the floor plan, a sketch of the floor plan would be sufficient. Mr. Dwyer commented on Page 11, 2, Consumption On Premises Prohibited. Wanted clarification on a Wine Tasting for Charity. Board of Selectmen Minutes October 22, 2007 4 Caggiano said that the Licensee would apply for a One-day liquor license for the Wine Tasting event. Mr. Dwyer wanted clarification on Page 11, 5, Posting of Prices. Caggiano said that this is an old law so that Licensee would not inflate prices overnight by overcharging patrons. Someone in the audience asked what about a chain restaurant like the 99 Restaurants that serve a 22- ounce beer or a 16-ounce frozen cocktail? Caggiano said that the management should contact this Board or the Chairman. Manager of the VFW asked about Page 12, 4 Hours of Sales. The official closing hour differs from what is stated in these rules. Caggiano said that he should check with the Town Clerk's office to make sure your hours were correct. James Xenakis made a MOTION, seconded by Rosemary Smedile, to close the Public Hearing for the Town's Liquor License Policy Rules and Regulations. Vote approved 4-0. James Xenakis made a MOTION, seconded by Rosemary Smedile, to take all the comments under advisement and make the appropriate edits to the Town's Liquor License Policy Rules and Regulations and to move out of Licensing. Vote approved 4-0. OLD BUSINESS: Attorney General Comments regarding May 2007 Annual Town Meeting The Attorney General recently sent a letter with comments regarding the actions of the May 2007 Annual Town Meeting. Most of the comments had to do with the Osgood Landing Smart Growth District and the Fire Alarm bylaw. The bottom line is that the articles do not need to go back to town meeting for revision to be in compliance with state law. NEW BUSINESS: Proposed Algonquin Gas Compression Station in Boxford John Bonsell and Frank Gessner representatives of Algonquin Gas Transmission, LLC, East to West HubLine Expansion Project gave a presentation of preliminary work of putting a compression station in Boxford to the Board of Selectmen. One of the proposed sites is in Boxford, which is very close to the North Andover border and appears to be accessible only from North Andover. The proposed project specified the need, scope, purpose, time-schedule and application process. Concerned citizens asked questions about noise, safety and the compression station being in close proximity to the Watershed. The representatives answered all of their questions and will continue to inform the public as the project moves forward. Josephine Rossello of 52 Essex Street said that ever since the gas pipeline was constructed, mud and ice forms in front of her house and has caused a dangerous situation. Representative Frank Gessner said he would work with the homeowner to evaluate the problem and come to a solution. Special Town Meeting The Board of Selectmen is in receipt of a valid petition by 200 registered voters to call a special town meeting. By state law, the Board is required to call this meeting within 45 days. Town Clerk Joyce Bradshaw provided a calendar outline for conducting the special town meeting and the recommended date is November 26, 2007. In addition to the petitioner's article calling for a moratorium on permitting or Board of Selectmen Minutes October 22, 2007 5 re-permitting cell towers, the Board placed three other articles on the agenda; payment of prior year bills, adoption of a property maintenance bylaw and adoption of a state law allowing the sale of`cordials' in beer and wine restaurants. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to call a Special Town Meeting to be held on Monday, November 26, 2007 at 7:00 p.m. at the North Andover High School Auditorium. Vote approved 3-1. Rosemary Smedile opposed. Mark Caggiano made a MOTION, seconded by Daniel Lanen, to open the Warrant. Vote approved 3-1. Rosemary Smedile opposed. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to include any Citizen Petitions with the required 100 registered voters signatures in the Special Town Meeting and to include the following articles on the Warrant for November 26, 2007. Vote approved 4-0. A. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities— Temporary Moratorium B. Amend General Bylaws—New Chapter 79—Property Maintenance Code. C. Prior Years Unpaid Bills D. Acceptance of Chapter 481 of the Acts of 1993—Allow Establishments with Wine and Malt Licenses to serve Liqueurs and Cordials Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to close the Warrant by 4:30 p.m. on Wednesday, October 24, 2007. Vote approved 4-0. Parking/Traffic Regulations East Mill, 21 High Street The Board was requested to consider three proposed changes to the Town's parking traffic regulations. The owner of the East Mill located at 21 High Street is seeking approval of parking and street improvements and traffic signage on Elm Street, High Street and Water Street. The DPW, Fire Department and Police Department recommended maintaining the current configuration of the two-way stop sign at the intersection of High and Water Street. The Police Department recommends two hour parking enforced from 8 AM to 6 PM to be consistent with existing parking signs in the neighborhood with the possible exception of 2 or 3 spaces limited to 15 minutes for curriers, etc. required by the applicant. The DPW recommended that their be no overnight parking allowed. All three departments and the Planning Board are in agreement with the number and location of the proposed crosswalks as shown on the approved Planned Development District Special Permit Plans. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the recommendations by the various departments. Vote approved 4-0. Ashland Street Ashland Street residents requested that a traffic study be conducted on their street because of increased traffic and speeding. Sgt. Fred Soucy conducted a traffic study of the street and also spoke with business owners about the driving behavior of their employees. Department records show several motor vehicle crashes at the intersection of Sutton and Ashland Streets. Sgt. Soucy's recommendation is to install STOP signs at the ends of Ashland Street at the intersections of Sutton Street and North Main Street and spot checks on Board of Selectmen Minutes October 22, 2007 6 speeds should also take place during the arrival and departure of employees from 7:30 AM to 8:30 AM and from 3:45 PM to 5:00 PM. Ann Powers of 36 Ashland Street asked if the town would also paint a yellow line down the middle of the road as the way the road is now, it gives the appearance of a one-way street. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the recommendations by Sgt. Soucy and install the STOP signs and to do spot checks on speed and to paint a yellow line down the middle of the street. Vote approved 4-0. Parking on Main Street Many senior citizens have said that a parked vehicle restricted their view as they were exiting the downtown municipal parking lot. The Police Department's recommendation was to have the parking space removed that sits in front of the Insurance agency because it inhibits the view of motorists exiting the driveway onto Main Street. Rosemary Smedile made a MOTION, to remove the parking space that sits in front of the insurance agency. MOTION failed because of lack of second. The Board said that the downtown area did not have enough parking and to take away a parking space would not help town businesses. FY09 Budget Policy Statement The Town Manager presented a draft of the FY2009 Budget Policy Statement for the Board's review. The Town Charter mandates that the Board of Selectmen approve the FY09 Budget Policy Statement by November 1, 2007. The Town Manager recommended approving the statement as written subject to revisions as additional information comes forward. Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the FY09 Budget Policy Statement as presented subject to revisions as additional information comes forward. Vote approved 4-0. TOWN MANAGER'S REPORT: Selectman Smedile and I attended a meeting with the U.S. Postal Officials on October 18, 2007, to discuss improving service in North Andover. We left that meeting with a commitment that they would expand operating hours on a trial basis, work with the town on finding possible locations for satellite post offices and doing outreach work with the senior populations. The American Red Cross of Merrimack Valley will conduct their annual "Salute to Citizen Soldiers" breakfast on Monday, November 5, 2007, beginning at 7:00 a.m. at the Wyndham Andover Hotel. The North Andover United citizen group will be conducting a "State of the Town of North Andover Forum" on Thursday, November 15, 2007 at 7:00 p.m. at the High School Auditorium. The Board of Selectmen, along with our state legislators, school committee and finance committee, has been invited to participate in this program. ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:30 PM. Vote approved 4-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board