HomeMy WebLinkAbout1979-04-17 Board of Selectmen MinutesThe Board of Selectmen held their regular meeting on this date with all members present;
Selectmen Thomas J. NoEvoy, Charles A. Salisbury, Ralph R. Joyce, Esq., John W. Graham
and Chairman Joseph A. Guthrie presiding. The minutes and warrant were approved with one
exception.
GAS EXCAVATIONS:
T he Selectmen approved the following subject to the approval of the Police Chief:
~ install vas services: Mass. Ave., Colgate Drive, Parker St., Mill Rd. Heath Rd., Mablin
Ave., W. Woodbridge Rd., Salem St, JohsonSt. and Winter Street.
To repair gas ~ains: 52 Adams Ave., 7 Frances St., 8 Meado~r~iew Rd., @Woodcrest ~t. ~.
Johnson Street, 213-215 Sutton St., Andover St. @ Woodlane, Milk @ Johnson Street.
CONDUIT INST~T~.&TION:
Hearing set for April 30, 1979 to install conduit and sac pedestal on Waverly Rd. and to
install three poles on Waverly Rd.
SCHP~ENDER SIGN VIOLATION:
Copy of letter sentto Schruender from theBuildingInspector stated that'the sign should
be'removed by 12:00 noon, April 17, 1979. If it isn't removed by the time stated, said
sign would be removed as provided in the By-Laws of the To~m of North Andover. Letter voted
to be received.
BIKE-A-THON:
Raques~ received frcm the Citizen League for Adult Special Services for a bike-a-thon to be
heldo on certain streets in Nort Andover, Sunday, Nay 6, rain date, Nay 13 fr~m8 a.m. to
p.m. Letter willbe sent to Police Chief for his approval.
~i~TORICAL CONMISSION:
Letter received from the Historical Commission advising, the Board that a sign could be made
depicting the age of the T o~m Building (1925) for the sum of $10.OO. Letter taken under
advisement, tabled until next week.
CIVIL DEF~NSE:
Letter from John Coco enclosing forms for those ~o wish to become radio logical defense
officers. Board voted to have the forms posted on the b~etin board.
POLICE CHIEF E~:
Letter received from State Personnel Admiuistration~re the Police Chief exam requesting
salary and approval. Board authorized Chai rman to sign form and made a motion to set the
Police Chief's salary at 1.8 times base pay of a patrolman.' Notion seconded and it ~s
an unanimous vote. Added to the motion and also voted that the examination w~s open .onl.y
to Sergeants within the Norbh Andover Police Department. NcEvoy motioned, seconded by
Joyce that the announcement be publicized. It was so voted.
APPOINTN~NTS-CO~ST~BLES:
The Board unanimously voted to appoint Interim Chief, R~ssell Donnally, Special Constable
and-Francis J. K~tz, 107 Niflin Drive, Joseph Aver~, 383 Abbott Street, To~m Constables.
Brian' advised Board that they must make many decisions re the Bog Officer. Whether it should
be a fnt~ time position · ~r continue as par~ time position. Should he work 24 hours, 7 days
a ~eek? Should salary be raised? Should a Ceta clerk be designated to handle all the calls
and do the paper wor~ Should he have a 2-way radio %o be in contact ~.~th clerk and ~.fnat will
the handling fee be? Selectman Joyce motioned that Brian be authorized to prepare an Article
re handling fees reflecting the method of penalty. Selectman NcEvy seconded the motion and
the vote was unanimous. They also voted the hold interviews of the Dog Officer applicants on
Tuesday, April 24th, starting at 7:30 p.m.
Vincent Greco, owner of King's Sub Shop, complained of continuous parking in front of his
sub shop preventing him' customers from parking. It ~.ms voted to have Brian contact the Polic
Chief to enforce the 2-hour parking restriction on Main Street.
HOUSE BILL $~L423:
Letter from Gr. Iax.=ence Sanitary District requested the Selectmen to support House Bill 1423
Letter received.
PRDVISION~_L POLICE APPOINTmeNTS:
It was an unanimous voted that all candidates be referred to Chief Donnelly requesting that he
reco~end eight (8) candidates to the Board for interviews. The matter of permanent patrolmen
was tabled until nex~ ~eek.
REQUEST:
Request received from ~ssociated Builders & Contractors to support Bill S73 entitled "AuAct
Increasing Local Construction through Home Rede Options." Accepted for files.
IN~ITATIONB:
Invitations received iuoluding annual Chamber of Commerce dinner, May llth. Decision on
attendance ~ms tabled until next meeting.
APRIL !?., 1979 (continued)
Dr. Kay, Chairman of the Board of Health and William Chepulis, Chairman of the Planning
Board, appeared before the Selectmen to protest the action of the Selectmen, net signing
the warrant to pay the Planner hired by the Planning Board. Dr. Kay stated he felt guilty
about the letter he had sent to the Selectmen dated, Meroh 20, but he said some of the
responsibility and guilt rests on the Selectmen for the Planner not being paid. Planner,
he said, ~ms hired in good faith and is no~ not being paid because of the action of the
Selectmen. Planner is deeply discouraged that she wasn't being p~id. Never has an employee
not been paid by the town for services rendered. He feels deeply concerned about the Plann~
er not being paid, that there is some guilt with the Selectmen as wall as the Board of
and the Planning Board. A precedent shouldn't be set. Chairman Guthrie told Dr. Kay that
the Selectmen must act the x.my Town Meeting directs them. Planning Board was wrong to hire
Planner against Tm.m Meeting action which stated that the position was to be filled by an
engineer to serve the Planning Board and the Board of Health as a Planner/Sanitary Engineer.
~ere the employment of this individual was not in accordance with the guidelines voted at
To~rn Meeting,the Selectmen have the legal and moral responsibility to uphold the directive
of To~rn Meeting. Chairman Guthrie further stated that if there is any guilt, the guilt lies
with the Planning Board by hiring the present planner against Town Meeting action. It is
the Chairman,s hope to have the Planner ~ picked by a Co~z~ttee in the future. Mr.
stated that the Planner ~ms hired in good faith and that she should be paid...that the Selecl
men do not have the right ~o deny her, her pay. Se!ec~tman Salisbury stated that the Special
Town Meeting denied the PIanning Board's request for just a To~rn Planner so,clearly, the
person has to serve both functions. In his own mind, paying the girl hinges on Dr.
recommendation that she. cs~n be used by the Board of Health as the Sanitary Engineer and
that the Board would tramn/~rsnoh. He stated that a meeting should be held ~*ith Town
Counsel, Planning Board, Board of Health and the Selectmen to clarify situation. He request-
ed a deposition from the Board of Health re the present Planner's qualifications re her
Sanitary Engineer's duties. Dr. Kay replied that the present Planner would net be working
for the Board of Health as their Sanitary Engineer. He stated that this nip-picl~ng shou2d
· be stopped and the girl paid. ~airman Guthrie stated that it w~s his personal position
that before Planner could be paid, her employment would have to be terminated th~n ~.~ would
figure out a ~my to pay her. There is no question that abe is entitled to be paid for the
time she has worked. Selectman Graham stated that he found it rediculous that the Selectmen
were being considered the "heavies" in this situation; that it was the fault of the Planning
Board for hiring someone x~no did not meet the guidelines set by To~ Meeting. Dr. ~ay
stated that an employ~ should be paid..that Town Goverr~ent was not that rigid..that there
were many legal aspects that were gray areas. ~Chairman Guthrie repeated that an Article
should be inserted in the To~n ~arrant tQpay services of the Planner. Mr. Chepulis
stated again that payment of her salary ~ould be expedited. Selectman Joyce concurred with
Selectman Salisbury that a meeting be held with To~en Counsel. I'~ere it was ~oted that the
Board had already requested a legal opinion from To~rn Counsel, the Board voted to ~mit for
his response ~ich should be received by Thursday, April 19th.
ASSISTANT BUILDI~G INSPECTOR:
Charles Fo~ter, Building Inspector, appeared before the Board re the proposed Assistant
Building Luspector. The Board voted to have Foster prepare an ad asking for applicants
to be submitted to the Selectmen for their approval. Selectman McEvoy made~'.a motion that
the Selectmen supported the funding for the Asst. Building Inspector for next year. Vote
was ~m~nimous.
SEOOND STREE~:
Brian, Sullivan reported that the Second Street problem had been solved.
LICEN~SI~D C~ISSIONE~S:
Dennis Cutrona, who holds a license for two taxi cabs located at 12 Nain Street, applied
for t~ additional vehicles, 1 cab and 1 van. He stated that he had so many 'requests for
transportation to and from Logan ~irport from Bell Labs and Borden Chemical together with
to~ residents that he found two cabs were not enough to take care Of the c~s as he did
not want to,leave the town without cab service in the area. The Selectmen asked him to
obtain letters from the two co~anies and the request was tabled until new week.
Application received for the transfer of the Restaurant, Ail Alcoholic license at the
Peacock Feathers, Kamber Yit Earademir, :'~33 Turnpike Street, to Snack E~eria, Inc., d/b/a
Casab.l.a. noa, Theresa Scota, Ma?ger. Hearing set for April 30~979, at 8:00 P.M. To be
advertzsed and abutters notifmed. ~c~ , ~,~ ~