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HomeMy WebLinkAbout1980-03-19 Board of Selectmen Minutes MARCH 19 1980 174 The Board of Selectmen held their regular meeting on this date. 'Selectmen present were Joseph A. Guthrie, Ralph R. Joyce, John W. Graham with Charles A. SalAsbury presiding as Acting Chairman for Thomas J. McEvoy who was confined to the hospital. The warrant and minutes were approved as sub- mitted. JOAN BLACK: Joan Black appeared before the Board to request permission to have a family outing and fair on the 01d Common, June 8th, to raise funds for a specially equipped Van for Dick Gallant, a quadruplegic. Vote was unanimous to grant permission to the Committee to use the Town Common for this purpose on Sunday, June 8th, subject to the approval of the Public Works. WIRING INSPECTOR'S PAY: Charlie Foster appeared before the Board and said the Advisory Board had approved the article which proposed the Wiring Inspector be paid 60% of ~h~.W~ia§ ~e~mitcqees collected of $4,240, whichever if the ]g~eater. Unanimous vote that an article be submitted, as above, and to withdraw the original article. GEORGE STERN: George Stern and his Attorney Reginald Martin appeared before the Board stating that on March 12, at a Conservation Commission meetinE~ certain accusations were made against Stern by a developer. DeVeloper charged that Stern had registered his objections of the developer's plans because of personal interests which constituted a conflict of interest. Based on this affidavit, Stern's Attorney claimed that this. accusation not only affected George Stem's good name in the community, but it greatly affects his work on the Conservation Commission by hindering his ability to act on the Conservation Wetland matters. Stern denie.~ all charges that he has been in conflict of interest. But:~Stern feels that this is not enough...that if he is going to proceed with his. time ~and efforts mn the .Conservation Commission, it must be justified or proven that he'..wasn't in conflict of interest. Atty. Martin stated that tapes were available to be heard...that a copy of t~affadavit could be obtained that would shed light on the matter. Mr. Stern is not anxious to start a lengthy, drawn-out process against the accuser, but wants to'know if it would be proper that Stern proceed with the following: 1) Obtain trans- cript of tapes and copy of transcript kept by the stenographer. 2) Listen to tapes .and affidavit. 3) Obtain copy of statemedt made by Atty..Timothy Schiavoni who represented the developer. 4) Draw factual conclusions. 5) Submit to Town Counsel for his opinion whether Stern was in conflict of interest or not. 6) If it were ascertained that Stern was not in conflict of interest, he would be eligible to remain on the Conservation Commission. The following co.mm, ents were made: Guthrie: Would not ~n~Voeppor~unzty to listen - to tapes unless they were registered. Conflict of Interest is a very personal charge and does not believe Stern is in conflict of interest .... in favor of taking steps lawyer requested, He feels that he sees no reason that Stern should leave the Conser- Graham: ration Commission. He has no objection to listening to the tapes. ~ Feels that these problems have existed for 2 ~r 3 weeks. Would like to discuss the whole matter with the Conservation Commission. Att : Schtavoni: Arty Schiav0ni stated that, at no time, did he accuse anyone of Conflict of Interest, or demand that Stern step down from the .G.p._m_~..~oa~ion.. Commission, He hasn't filed any complaint with the Selectmen or anyone else. Sees mo reason why Stern should step down and has no in- tention of filing at this time. ~ Stern has no conflict with the Splectmen, but with the C onser- ration Commission. ~ Stated that the Selectmen should resolve the accusation made against Stern; that he wants it made clear that the charges that have been brought against Stern make him ineffective as a member of the Conservation Commission. Joyce: Selectmen should sit down Saturday A.M. with Conservation me~bers Turano, Vounessa and Stern to resolve the issue. March 19, 1980 (continued) ...... ~7~ STERN: (continued) ~: Selectmen should address the problem raised at the lastvConser- ration Commission meeting and all other problems. Stern has the ability ~ad the integrity to make decisions on the Commission himself that would not result in any conflict of interest charges. Outhrte.' It is the attitude of the Board that there isn't any emergency but if Stern thinks there is aT emergency, the Town owes him clearance of name so he can function on the Conservation Commission. He has Guthrie"s confid- ence as other members of the Board, and all members of the Conservation Comm ~ah~m: Has no desire that Stern or any others step ~n%rn from the Commies Vin Turano: Arty Martin should not request the Selec~o act as "mock" The Conservation CommissiOn should resolve problem resulting from last ThursdaY,s meeting;. Selectmen should not get involved, as matter has been blown all out of proportion. Selectmen cannot decide whether person i~ in conklict of interest or not. Motion: Refer Atty's proposal to T own Counsel. Discuss responsibility of the Board.in this matter and the necessary action Board should take. Vote unanimous. _ . . ,state they GUi/late: If. membe~ of the Conservation uommzssxon/are nog zn Conflict of Interest, that is good enough for me. But it must be made clear that Mr. Stern has made request. Graham.' He has no desire to ask any Conservation Commission member, to step down. RESIGNATION-CONS.COMM: Letter of resignation received with deep regret from Dr. Harry Love as a member of the Conservation Commission. Letter stated that his work made it imP0S~tble to extend the time necessary to fulfill his duties as a member. Letter of thanks and appreciation will be sent to Dr. Love for his efforts. LETTERS OF COMM]~NDATION: Letters received from G. Blake Adams,Peter A. Huber,Gail A. Winning, Mrs. HenryG. Armitage, Jr.~ Robert andBurma Bleklcki all stating their indignati¢ at suggested conflict of interest of members of the Conservation Commission 'and highly commending the me~bers of the Conservation Commission for their knowledge and integrity, especially for Viucent Turano. HUD APPLICATION: 60 units, elderly and handicapped. Letter'reeeived from HUD requesting comments on the Housing Authority's application for 60 units of elderly and handicapped housing. Board voted unanimously to strongly support the application and to amend the Town's Housing:Assistance Planto include these units. Executive Secretary author- .ized?tp~so notify HUD of the Selectmen's support and to advise that ~there is an urgen~ need for additional housing as the waiting lists is substantial and,is.growing. WARRANT RE-OPENED: and accept At 10:30 P.M., it was unanimmmsly voted to open warrant to include/articles as listed and numbered by Brian, plus ~ more articles. Change Article 28 to 4 patrolmen instead of 3. Accept article or articles on Land Use Commission pending Town Counsel's recommendation. It was also voted to renumber the Articles. That Land Use Article be placed on warrant before all other articles requesting personnel. Warrant closed at 10:24 P.M. LOCAL ARTS COUNCIL: APPLICATIONS: It was unanimously voted to table setting up a Local Arts Council unti~ afte~ Town.Meeting. Applications for membership on the Council were received and placed on file, also. Applicants will be so notified. FY 1981 SR. LAWRENCE SANITARY DISTRICT BUDGET: The above-named was recetve6c~ BLIND DRIVE-WAYS: Two requests received for installation of "Blind Driveway" signs. Voted to take under advisement and that the Police Chief and Brian S. meet to draw up policy on th~se particular signs. "YIELD"SIGN: recommendation of Chief Donnelly, it was voted to have him install'a pon Yield" sign on Water St.,intersection of Main St. and to have Leo Lafond consulted abou~ ohs. view of motorxsts~ M~h 19, 1980 (continued) ~ 1 L~ .DALE ~ & APPLETON. STREETS ....... · Letter received from Katherine Morris re"t~e"~p~edi~g.at Dale and Appleton Streets endangering school children, horseback riders. Selectmen~unanimouly voted to have Police Chtef. install!!Horse Crossing" signs at the intersection and referred the speed s~ns to the Chief for his recommendations. CHURCH ST. NOISE COMPLAINT: The~SBoard voted to send letter, to complainant, E. Kollen, to advise him the Police Department had been made aware of his complaint re their exterior speakers and they would take all steps possible to alleviate the problem. RECEIVED: Request to use the Community Center, May2-3, for Youth Hockey Lea§un.Approved. Request for volunteers to man phones for March of Dimes. ReCeived. ' Request to use Missle Site Road for parking from N.E. Orienteering Club.Ap~ Copy of letter to Stats Representative from Conservation Commission requesting him to vote against alBill that would elimtna'~e "Home Rule." Letter from League of Women Voters supporting Land Use Committee Report. PERAMBULATION OF BOUNDS: . , Brian S. was authorized to set up dates for the Selectmen to execute the perambulation of Town bounds with Lawrence, Boxford,Middleton and Andover-which required by law to be expedited every 5 years. POLICE LEGAL ADVISOR: Discussion of the Police Legal Advisor position took place~ It was voted to send a letter to the Police Chief asking for his recommendation whether or not he, as the Chief, want or need the services of a Police Legal Advisor next year. At the present time, thl~ Advisor position is within the Police budget and providing services to the Police Department. LEEA: It was voted to Send proposal for the formation of and representation on the Advisory Board for the LEAA Grant Program to Chief Donnelly for'~his recommendation. Executive Secretary Brian Sullivan recommended the endorse- ment of th~s proposal. .~ COMMUNITY CENTER REPAIRS: to The Board unanimously v6ted to authorize Brian S./draw up andapplic~eion for funds up to $ for Federal funds for the Community Center repairs. NAMING OF STREETS: ~iLetter received from James G~ Dolan, Jr. of the Archdiocese, re the'n~ming~ of streets. Beard ZO have letter sent to Mr. Dolan advising him thatTOwn~ Counsel had already made a determination that the naming of town ways'is within the jurisdiction of the Selectmen and not the Planning Board,..th~t the Planning Board had been advised of this determination but were obviously ignoring it. As of January 3, 1980, the Selectmen are the proper Board to address any questions on the naming of streets. PRIME SPONSOR: Letter received from Methuen's Town Manager objecting to Lawrence being the Prime Sponsorship for the CETA Program. It was voted to send letter to Mayor Lefvre of. Lawrence advising him that we support Methuen's stand. LAND USE COMMITTEE REPORT: .. The Selectmen, Department Heads were present to discuss the above-named report with the Land Use Committee. The program, to be called the Office of Community Developmmnt, would not take any authority from Department Heads, but Department Heads can use the Community Development personnel for resource and help, Fritz Osterr explained. Public Works Borgesi and Thompson of the Board of Public Works stated they did not need any assistance. Chepulis, Ch. of the Planning Board, can use full time Planner, and is. She must also do her clerical work. Selectman Salisbury stated that Planner, k hired fm~the departments, should do just. Planning work, no clerical. Bud Cyr stated that program would be in conflzc~ - wlth his Oepartment. MARCH 19, 1980 (continued) LAND USE COMMITTEE REPORT (continued) ..... 177' Chepulis stated that the Planning Board receives the assistance they need from Bud Cyr on sub-division plans. Fritz Ostherr said that Department Heads shouldn't hav~ to .take time to get details but should use the Community Development Off'ce for information resources. Bud Cyr stated that he could could not see the plan working out as presented. John Thompson stated that a Civil Engineer is needed by the Board of Health, Public Works and Conserva- tion Commission. Selectmen's article was read and it was voted to approve and submit article pending approval of Town Counsel and Moderator and it was the intent of the Selectmen to submit three articles of the Land Use Committee report. LICENSING COMMISSIONERS: Approved:~ 1-day liquor license for Campus Ministry Office, Merrimack College on March 21. Tabled: Request for permission to sell cut flowers outside Finneran's store by Anthony A. Giarrusso, 58 Marblehead St. Tabled until letter of ~' permission is received from Bill Finneran. Alice M. Letarte, Secretary ************* lerk MAR~H 24 '1980-TOWN ELECTION DAY The Board of Selectmen met on this date with all members present except Chairman McEvoy who was still absent because of illness. Selectman Charles A. Salisbury presided as Acting Chairman. Other members present were Joseph A. Guthrie, Ralph R. Joyce and John W. Graham. Warrant was approved as submitted POLE LOCATIONS: Approved: Installation of 3 poles on May Street. Installation of 1 pole on Chickering Road, at East Water Street. AMBULANCE BIDS: One bid was received. Selectmen voted to refer the bid to the Board of Fire Engineers and ask for their recommendations.on same. DOGOF~ICER COMPLAINT: Report received from the Dog Officer an the complaint of James Sanborn and Mr. and Mrs. Phelan that three, large German Shepherd dogs were allowed to roam loose in their neighborhood. Dogs are owned by a Mr. Morgan, 9 May Street. Complainants.charge that the dogs attack their contained dogs, chased tenants and their children. Selectmen voted to direct owner to keep his dogs on a leash while walking amd out in public. Dog Officer.to submit a report in a month. Emergency Lighting System: Letter from Charlie Foster, Building Inspector, advised the Selectmen that Manzi Electric sent out an engineer who, after inspecting the electrical work needed for the Town buttd~§, gave an estimate cost not to exceed $7,000. He gave reasons (4) why he strongly recommended that the Board take the steps to obtain the needed funds for the electrical work needed for the emergency lighting system. The 4th item stated that emergency lighting supplied by batteries costs more to install than anticipated because of the wiringnecessary and/b~ttery supplied.Bsnerator will not be adequate to supply power to run the present computor station, copier, Highway and DPW radio,, accounting machine and boiler. The Board voted to request Brian S. to obtain prices for a battery powered system. FEDERALGRANT-COMMUNITY CENTER: The Selectmen approved the application submitted by Brian for a federal grant to renovate the Community Center. REQUESTS APPROVED: Use of Old Common for a Wheels Bike-A-Th0n, April 19th, sponsored by the N.E. Council Boy Scouts. March of Dimes Superwalk, 7:30 P.M., March 31st to SULLIVAN STREET: Letter from State D.P.W. April 13th. Representatives will attend meeting at discuss the Town's participation in this event. stated that they would have to get approval from the State Board of Commissioners to have a "No Passing" zone in that area ~n~i~he required solid line would disrupt the balanced passing as laid out at the present time. Matter tabled until next meeting until a recommendation from Chief Donnelly is obtained.