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HomeMy WebLinkAbout1985-07-15 Board of Selectmen MinutesJul 1, 1985 continued ~hters' Grievances The Board voted unanimously to go into executive session to discuss §rievances filed by firefighters M¢Intyre & Devin, which dealt with vacation days. Local Arts Council Resina~9~_~ Upon a motion.by. Selectman Salisbury, the Board voted 3-1(Crouch opposed) to accept the resignation of Bernard Zelitch from the Local Arts Council, with regret. Special Police Offic~intmsnts The Board voted unanimously to reappoint the following individuals as special police officers for FY 86: 7-15-85 Amend as foUows: Francis W. Huise Joseph F. Welsh, Jr. Guy A. Tabhi James Nutton Susan Northam Gene Northam William McEvoy James McCabe John J. Lyons Daniel Long William Lafond John T. Dolan Robert C. Celeste Schedulin~e Interviews The Board voted unanimously to schedule July 8, 1985 at 7:00 P.M. for all police candidates (Acting Lieutenant, Acting Sargeant, Permanent, 10 minute~intervals. Delete: Francis W. Muise Robert C. Celeste Add: Christine M. Smith Charles A. Salisbury John W. Graham Kenneth C. Crouch Ramsay Bahrawy Wilfred G. Desruisseaux interviews with Reserves.)_, at NESWC Indemnification Agreement The Board voted to table the request of Signal-Resco to sign~:a:letter of agreement, which would reduce to zero, the total tonnage subject to an in~emnification agreement dated January 3, 1985, until such time as John Klett responds to the Board's request for attendance at a meeting to review this matter. Also discussed was the issue of refuse truck not adhereing to the designated truck traffic route. The Board voted to request that Jerry Hopcroft look into this matter. Another issue discussed was complaints of offensive odors coming from that area. Redistribution of 0fficeSpace The~%Board:unanimously approved the redistribution plan as recommended by Exec. Secretary, Keith Bergman, which calls for the Planning Bd. to maintain their present office space and move the Zoning Bd. of Appeals in with the Conservation Commission, and the Personnel Bd. to the basement level. The Board also voted to invite the Personnel Bd. to a meeting on the I66h or 18th to define the functions of that Board and ask for assistance in implementing certain issues. Additionally, the Board voted to request copies of minutes of Conservation Commission and Zoning Bd. of Appeals, to keep apprised of activities. Urban S~tems ProJec~ The Board voted unanimously to meet with Henry Himber on site on July 8 at 6:30 to review the progress of this project. The Board voted unanimously to go into executive session to discuss strategy with respect to collective bargaining,& pending litigation. Catherine J. Foley, Secretary ****************************~~w.-- JULY 15 1985 The Board held their regular meeting on this date with all members present: Chairman Christine M. Smith, Charles A. Salisbury, Kenneth C. Crouch, Ramsey A. Bahrawy~ John W. Graham; Executive'. Secretm~ Keith A. Be~man. ~ minutes were approved by a 4 - 1 vote (Selectman Graham obstained as he was not at the July 1, 1985, meeting) with the following amendments: under "Special Police Officer App6intments" to delete the names of Francis W. Muise and Robert C. Celeste; and to add the names of the 5 members of the Board of Selectmen and Wilfred G. Desruisseaux. The warrant was approved as submitted. Sign~ Resco/NESWC Uixiate The Board discussed with John Klett, General Manager of Mass. Refuse Tach, Inc.; Thomas Germine, General Counsel for Signal Resco; Jerry Hopcroft, Executive Director for NESWC; and Bud Cyr, Highway Surveyor the indemnification agreement between the Town of North Andover and Signal/ R. esco dated January ..3. 1983. Secifically; whattheTamifications are, if any, in reducing the tonnage requirements from T, 00 0 to 0 un~P~r the terms of the service agreement. The Board agre,.ed to further discuss this issue at its next meeting in two weeks. 1985 Continued The Board noted that they have received questions about the odors that are coming from the smoke stack of the plant. Thomas Germine stated that they have not received any complaints and both he and Jerry Hopcroft stated that perhaps the odor could be coming from the nearby landfin,'sewerage treatment plant, Borden Chemical Co., or the river. Jerry Hopcroft stated that an environmental stack test was done last week but he has not received the results yet. Other tests are scheduled in the future. He requested that the Board call him as soon as they receive a complaint so he can go and investigate it. Designated Truck Traffic Route - Chairman Smith asked Jerry Hopcroft for an update on the letter the Board sent him requesting him to stand patrol outside of the Signal/Resco plant at the sign to see if trucks are using the designated route or if they are still coming via Rte. 125. Mr. Hopcroft stated that he does not have the auShority to turn around vehicles that were using the wrongroute and to the extent that the you can identify NESWC vehicles, he will not be able to take action other- wise. He stated that for vehicles that are hauling for NESWC communities there is a contractual agreement for them to use the route designated by North Andover, but for the private haulers, they have no such agreement. At the next Advisory Board meeting he plans to again notify an members of the route, giving them a map and a copy of the memorandum. ~hen the new contracts for the private haulers come up, he suggested that it states that North Andover has control over the route. Budgeting for Police Road Details for Town Departments Lynette Pisani, fa~ner.~dvisory Board member, stated that her Board inadvertantly omitted funding for in-house road details from either the Police Departments budget or from the individual budgets of the Tree, Highway, and Public Works Departments. The Board also discussed this issue with the Police Chief, Highway Surveyor, Tree Warden and the Public Works Superintendent. The Board voted 4-1, Selectman Bahrawy opposed, to have the police budget pay for road details with the understanding that a Town Meeting transfer will be sought to reimburse this budget and to work out such administrative details as grant-eligible work. Stop Sip on PUgrim :Road at MiltonStreet Letter was received from the Police Chief recommending a stop sign be erected on Pilgrim Road at its intersection with Milton Street. The Board voted unanimously to implement the Chief's recommendation. Chestnut Stre~tfrom Mill~lbad to Rte. 114 Letter was received from the Police Chief recommending that heavy trucks be eliminated from this stretch of roadway. The Board was concerned whether the trucks would actually heed to a heavy truck exclusion on this short stretch of roadway. The Board voted unanimously to request a one-way sign to direct traffic from Mill Road to Rte. 114. Controlling Speed on Meadow Lane Petition was received from residents of Meadow Lane requesting that the Town take immediate steps to curtail excessive speeding on Meadow Lane. Chief Sullivan stated that he had his men survey the area and although he has no doubt there is speeding going on, his men did not report any. The Board voted to have the Chief survey the area for another couple of weeks and to bring it up again at their next meeting. Cou~t Street at Academy Road The Board discussed the traffic configuration and removal of signs at the above-noted intersection. The Board unanimously voted to ask the Chief for his recommendations for dealing with an enforceable solution at this intersection. Special Police Officer Appointments The Board voted unanimously to appoint the following individuals as Special Police Officers for FY 1986: Mary Hanover Geraldine Bradley Beverly Reardon Francis W. Muise Robert C. Celeste Police Appointments Actin~ Police Lieutenant - The Board unanimously voted (by ballot) to appoint Sgt. J. Michael Davis as acting poli~e-lieutenant. Acting Police Sergeant - The Board unanimously voted (by ballot) to appoint Off. Paul J. Gallagher as acting police sergeant. Permanent Police Officers - The Board voted to appoint Michael A. Velazquez and John W. McEvoy as per~a.nent [~o. li.ce Qffiger~ (.by,allot with Selectman Graham only ~/otihg for McEvoy); The thlrO canaiea:e, iVllcnael iVl'CiJann, withdrew. The Board unanimously voted that their appointment dates be made of the first day of the Police Academy. Reserve Police Officers - The Board voted to appoint (by ballot) Anthony J. Forgetta (unanimously)~ 'Lc r ' ' and Scott D. Hyzdu (3 2, Kevin E. 0 a y (3-1-1, uo~,u~ce'ivfug votes frb~ Sel, Bah &'~Gr .... - did not receive votes from Selectman l~anrawy and Chairman Smith) as reserve police oHlcers. (Selectman Bahrawy and Chairman Smith cast their votes for Charles C. Fucca, 2 - 3, who was not appointed.) JULY 15 1985 Continued I~Y 1986 Annual A~tments Historical Commission 3~-year term) - The Board unanimously voted to appoint John Robert Virr. Zoning Board of Appeals (Associate Member for I year) The Board unanimously voted to interview t~to .of the candidates at their next meeting. The third candidate had already been interviewed by the Beard. Seasonal Decorations Committee (lyear terms) - The Board voted 4 - 1, Selectman Crouch obstained, to appoint the following: Carrie M. Crouch Louise L. Aziz Nell J. Hamel Peter Aziz Elsi Bolster Michael Holland Letter was received from Martha Salisbury resigning from the Seasonal Decorations Committee. The Board.voted 4 - 1, Selectman Salisbury obstained, to accept it with regret. Receipt of Contribution for Fire Department Physical Fitness Program A check for $2,000 was received from Marry Spagat, Brickstone Properties, Inc., as a contribution for the F/re Department physical fitness program. The Board unanimously voted to accept the check with thanks and to establish a special fund for this particular purpose. Planning Board Correspondence The Board voted to table this issue for their Thursday night meeting. "Master Planning" for the Town The Board discussed forming a committee in response to two resolutions passed at the 1985 Annual Town Meeting dealing with overall planning issued facing the Town. It was noted that although one of the resolutions was directed at the Planning Board and one at the Town Moderator, the Board as theTowfls Chief Executive, it does afford them the ability to approach an overall planning policy for the Town. Town Moderator, John Cronin, was in attendance. The Board unanimously voted to form a growth management policy committee with an overall objective of coming up with an overaU development plan and to see where the Town should be in the year 1990 or 2000, and to request the Executive Secretary to advertise for this committee. Also, to advise the Planning Board of this and invite them to meet with the Board at their convenience to discuss how such a committee will interact with their plans. LICENSING COMMISSIONERS Hear/ng on Alleged Liquor Violation: Butchr Boy Meat Market~ Inc. The Board held a public hearing under Mass. General Laws Chapter 188 to consider whether or not to modify, suspend, or revoke the retail package goods store license issued to Butcher Boy Meat Market, Inc, for all alcoholic beverages. It was reported by the North Andover Police Department that sales of alcoholic beverages occurred at this establishment in violation of Section 34 of said Chapter 138 on July 6, 1985, at which time a 15-year-old girl purchased alcoholic beverages from this establishment. Officer Donald Poulds read his police report noting that a positive identification of the clerk that sold the beer to the minor was never made. The complainant ~ was not present at this hearing. Atty. Caffrey, representing Mr. Yameen, stated that thi~ m~ter camei:efore theLawrence, D~stri ct Court on July 2, 1985, and was dismissed for lack of evidence and that the complainant~: did not appear at that time either. He noted that Butcher Boy has a near, or perfect, record and they close at 6:00 p.m. so they are not an attraction to the younger crowd. The Board voted unanimously to dismiss any action against Butcher Boy Meat Market, Inc. Hem-lag on Alleged Liquor Violation: The Loft Tavern~ Inc. The Board held a public hearing under MGL Chapter 138 to consider whether or not to modify, suspend, or revoke the all alcoholic common victualer license issued to the Loft Tavern. The North Andover Police Department reported an alleged violation of MGL Chapter 138, Section 12, which requires that alcoholic beverages must be consumed on the licensed premises. They reported that on June 3, 1985, at approximately 9:05 p.m., six to eight persons were outside of the Loft drinking alcoholic beverages which had allegedly been purchased inside the building. Only the inside of the building is desc/'ibed as the licensing premises. Police Officer Walter Grady read his police report and also stated that the people involved were not asked where they purchased the beverages. Atty. Kenneth Gould representing the Loft noted that there~ no evidence that the liquor was actually served by the Loft and that it is not uncommon for bottles and cans other than those sold at the Loft to be found in the parking lot. He.stated that a person is usually at the doorway and that none of the employees saw anyone bring liquor out. He stated that the Loft has a policy against this and plans to erect a sign stating that no drinks can leave the premises. Letter was received from the Police Chief stating that because the person reporting the incident preferred to remain anonymous, they could not prove that the alcohol in question was sold by the Loft Restaurant, there could be no prosecution by his dept. The Board voted 3-2, Selectmen Salisbury and Bahrawy opposed, to deny the complaint and request that the Loft Tavern notify the Police Department if they have any knowledge of public drinking outside their facility and also to inform them that this Board is not going to look favorably in the future of incidents of this sort and to inform the Police Department to make the proper arrests when this type of thing happens at any establishment in North Andover. Notice of A.B.C.C. Disapprovalof Blue Lobster Transfer Notice was received by the Licensing Commission from the Alcoholic Beverages Control Commission that it has disapproved the transfer of an all alcoholic restaurant licensefl;omTwo Sisters to Blue Lobster, at 200 Sutton Street. The reason for this action was "failure to comply with tax laws of Mass.". ,~Continued) Notice of Disapproval of Blue Lobster License Transfer (Continued) . ...: 'Mike Cattan, spoke for his father the owne'---~, stating that he had no knowledge of any problems with the transfer until a week ago when this Board sent him a notice to appear tonight noting that any other correspondence must have gone directly to the previous owner, Ralph Pasquale. He stated that the problems lie with Mr. Pasquale who did not pay the taxes and that the Blue Lobster plans on paying those taxes but so far has been unable to contact Mr. Pasquale to find out the amount. The Board unanimously voted to have Keith contact A.B.C.C. as early as possible tomorrow and pending an approval by them, Mr. Cattan will be notified that it would be alright to continue selling alcoholic beverages; and pending a denial by them, the Blue Lobster would not be able to sell alcoholic beverages on the premises. In either case, no alcoholic beverages are to be sold until Mr. Cattan is notified by this Board. The Board voted unanimously to go into executive session to discuss acquisition of land and pending litigation. ~~__._/~[~_.~ Karen A. Robertson, Acting Secretary******************~, July 29, 1985 The Board held their regular meeting on this dace with three (3) members present: Chairman Christine:.Smith, Kenneth Crouch, Ramsey Bahraw~; and Executive Secretary, Keith A. Bergman. The miuutes of July 15, were approved uuanimously with correction. The warrant was approved. Police Chief Recommendations: Ac.ademy Rd. at Court St'.~ Meadow Lane . Pbrsuant to Ch~'f~an.~$'~edomm~ndafii°m,'the"B°ard~:v°ted to take no:action..in~changing.,any traffic patterns at2Academy Rd. and Court Street; and to continue to review complaints of excessive speed on Meadow Lane. Tabled~until the August 12th meeting, was the issue of street lighting and a request for a street light on Highwood Way. Emergency Boat Launchin~ Facility: Hiring of Engineer Chairman Christine Smith reported that the Hirer Access Committee has recommended the hiring of the firm of Kimball Chase..Upon aumotionuby~Selectman Crouch, seconded by Selectman Bahrawy, it was unanimously voted to retain the firm of Kfumball Chase to perform engineering services in connection with an emergency boat launchin§ facility for a total not-to-exeeed figure of including expenses, and contingent upon the setting up of a definitive timetable for the completion of all permit application submittals, that a penalty clause be written into the contract~and that said penalty to take the form of liquidated damages, witholdin§ of progress billings until completion, or:some other mutually agreeable format. Cable TV Member Resignation Upon~a=motton~by~Setectm=n~'Bahrawy,~seconded~bycCrouch, it was voted:;.unanimously to accept with regret, the resignation of Joseph C. Nahlll from the Community AdvisoryBoard (Cable TV Committee), add,to advertise this vacancy. Surplus Equipment: Bathin$ Beach Raft Upon a motion by Selectman Crouch, s~conded by Selectman Bahrawy, it was voted unanimously to authorize the Board of Public Works to dispose of the "raft" as quickly as possible by whatever means they deem fit. Citizen Request: Town Meetin~ Awareness Chairman Smith received and read a lett=£ from Carolyn Morahan proposing that the Town institute a system of "Citizen Awareness" in the early fall inl'prpparation for annual town meeting. Upon a motion by Selectman Crouch, seconded by Selectman Bahrawy, it was voted unanimously to forward this letter to the Charter Commission for their review and comments. Proposed Development PI~ & hq)AG Application: Messina's Property Louis }linicucci and Santo Messina appeared before the Board with a proposal for major renovations to the existing Messina's Market complexuonMain Street, and requested approval from the Board on the application for a UDAG grant to the City of Lawrence. The proposal calls for of, the North Andover~.ma=k~ttby S=~k Market, razingl;ofi~he~Donut~.Shoppe, and addition of some 5.,000.'+~ft.?of retail space, along with total facade rehabilitation. Mr. Mintcucci noted that some o~ the businesses=propossing=~oarelocate are Dairy Queen, and a video store. It was estimated that approximately i00 new Jobs wil~ be created,and~that-.no parkinguspacescwtll-.be' sacrificed. Selectman Crouch stated that he was in support of the concept, but had many questions realtive to the UDAG application, and would wish to have more time to review this matter. Upon a motion by Selectman Crouch, seconded by Selectman Bahrawy, it was voted unan- imously to authorize a letter of intent with respect to the project itself, with no mention of UDAG. DoS Of£icer:-Ir~ury Leave'~ Gene Northam requested that the Board assist~in notifying~the~:police department that he should not be called out on any calls until further notice, as he is out on injury leave· Upon a motion by Selectman Crouch, seconded by Selectman Bahrawy, it was voted unanimously to forward a memo to Chief Sullivan, reminding him of this injury situation. The Board voted unanimously to go into executive session to discuss strategy with respect to pending litigation. Catherine J. Hicks, Secretary ********************** erk