HomeMy WebLinkAbout1947-10-20322'
The regular weekly meeting of the Board of Selectmen was held on this By
at 7:00 P.M. with all members present. Weekly bills and payrolls were approved.
LAWRENCE GAS & ELECTRIC CO:- ~EW ENGLAND TELEPHONE & TELEGRAPH CO:.
A petition for Joint pole locations was received from the above companies, covering
1 proposed Joint pole and abandonment of 1 light pole on Tavern Road in North Andover.
Abutters will be notified as a public hearing is required. The board voted unanimously
to accept this petition and se~ a hearing for November3, 1947 at 7:30 P.M. in
the Selectmen's Office. ~
HEARING-LAW. GAS & ELECTRIC CO* NEI¥ ENGLAND TEL. & TEL. CO:
A public hearing was held at'7':30 P.M. on the petition of the above companies
covering 1 proposed telephone pole on Boxford Street,approximately 4524 feet east
of Forest Street. No' opposition was offered and the board voted unanimously ~o
grant this request.
TREE REMOVALREQUEST:
A reques~ for the removal of a tree in front of the property at 70 Prescott Street
was received from Lucy Prescott of the same address. The board voted to refer.this
matter ~o the tree warden and if necessary'to remove the tree a hearing will be held
on November 3, 1947 at 7:25 P.M. ·
TREE R~IOVALHF~ING:
A hearing was held at 7:25 P.M. on the request of George Glennie for the removal
of a tree in front of the property at 30 Annis Street. The tree is large.and blocks
the driveway. The Tree Warden, John J. Connors, .informed the board that this ~ree
sho~d be removed and the board vo~ed unanimously to instruct the tree ~ardento
· remove the ~reeo · ~
TRANSFE~SFROM RESERVE FUND:
Chief James Hargreaves asked the board, through Mr. Thomson, for a~ransfer of
$500 from the Reserve Fund to the Forest Fire Appropriation. His appropriation
is practically depleted due to the increased number of forest fires. The board voted
unanimously to refer this request to the Advisory Board for their'approval~
John J. Connors came before the Board and requested a transfer of $100 from the
Reserve Fund ~o the Tree Warden Expenses appropriation. Mr. Connors explained
that the material required for spraying, e~c. was much higher than last.~year
and he had to have additional help for all the spraying. The board approved
'this transfer and vo~ed ~o refer the matter to the Advisory Board for their
approval. Mr. Connors also asked for $200 to be transferred to the Tree Warden
Salaries appropriation. This will be included in the request mo the Advisory Board.
STEVENS HALL:
The Eclectic Club have asked for permission.to use Stevens Hall on December' 4,
1947 and the board vo~ed unanimously to grant this request. Mr. Hayes has'the
hall available for that night.
POLICE APPOINTMENT:
· Norman M. Fleming came before the board and stated that itwas not necessary, to
say why he was here. If I were not here, said Mr. Fleming, I would be ~ traitor
~o myself and to my country. On March 22~ 1947 I took a Civil Servic~ Examination'
for police officer and I was the only successful applicant. A list with ~y name
on it was sent to this board. The matter was tabled for a week and then held over
again. To my knowledge it is the only place that such a thing could happen, iOnly
five weeks ago the board s clerk to the Welfare department end there was ~nly one
name on the list, yet your reasonfor not appointing me was that there Was only
one name on the list. There are many Wacs and Waves who would have liked the Job
in the Welfare Department. Am I not a Citizen? My brother was wounded twice'in
battle and later died. My father died as sn aftermath. I served four years in
the service. You have a chance to do something right and what do you do.~ If you
deny me a Job which rightfully is mine, then this means that you are th& first
public officers to deny a Veteran a chance to support my mother who is-a widow,
and a Gold Star Mother.
Mr. Thomson stated that he would like to say that you (Mr. Fleming) have not been
denied any position. It was the thought of this board that we would preferlto have
a list with more than one name on it since there are two positions to be filled.
There was a misunderstanding of the examination. Some co~ents were made on the
lack of knowledge of applicants and therefore were unable to take the examination.
Yt seem~dt~h~t if we had a North Andover examination we might have a chance to
fill ~wo positions now available, so noaction was taken. ~ feel that if there
were a town examination held, a more adequate list would follow. How can that affect
your rights. I cannot see how it would. You would still be on the next list.
OCTOBER 20,1947: - continued
That has been the feeling of the board. A communication was sen~ to Civill
Service asking for our rights to make no appointments at this time, to
reques~ the establishment of a list consisting of more than one name, and
our right to ask for an extension of the provisional appointment of the two
patrolmen now provisionally in service. To date we have no reply. AgainI
say, as far as I am personally concerned, I would like to receive an official
notice from Civil Service. In all fairness to all concerned, I feel that an
examination for North Andover residents only would be the right thing to have.
Our!etter to Civil Service was sent within the fourteen days allowed and to
date w~ have had no reply.
Regerding the other appointment made recently, we acted accordingly and inquirsd
into this mstter. We were forced ~o employ a worker immediately and not meaning
to infringe on the ability, character or other qualities of Mrs.. Kelly, we spent
as much time on this appointment as we have on the p~esent one.
Mr. Fleming inquired if the Board felt that the examination was not held
He stated that this is the first action of its kind that he knows of.
Mr. Salisbury said he will no~ dispute the action of this board. He said if
it is a matter of procedure then Civil Service will tell us so. I want to know
our rights in re~ard to acceptin~ this list with one name and our right no ask
for.a list with more names. There was some comment ra'ised last March by. Mr.
Willis End Mr. Garvey as to what would happen if we did not receive sufficient
na~es ~o fill these positions. In fact, Mr. Willis was very much "perturbed"
because the veterans may not have a chance to take such an examination. Mr.
Willis agreed that he felt this way end still has the same feeling but that he
feels this young man (Mr. Fleming) should be appointed since he is the onlE
eligible person.
MrJ_Salisburyststed that if the Civil Service Commissioner tells us ~e can
have a list with four or more names on it, then there is no reason to be.
pessimistic about your appointment. Your name will still be on the list.
Mr. Willis remarked that Mr. Salisbury had stated that he went to the
and he had stated that if there ~ere enough names on the list, the appointments
would be made from it. When the examination came off, I was sent to the S~&St-
men~Me~t2~g~-~-to see if .an examination could be held for the ~own alone.
!'wrot~ to Mr. Creehan and found that no examination could be ~sken unless
there was no one available on the list from the previous s~a~e examination.
! am still perturbed over the procedure last March and when I talked to you,
Mr; Salisbury, you said that nothing could be done.
Mr. Salisbury stated that what he said was if there was one name on the list, we
would ask for another list or another examination for North Andover residents
only.
Mr,. Thomson then read a letter which this board had sent ~o ~Ir. Greehau
a~d' Mr. Salisbury said he would go along with the chairman in awaiting a reply'
to,the letter Just read.
Mr. Willis stated that he was here to make sure that it was not to be
~Hat Zhe V.F.W. wanted to ~o this young man out of s-Jo~. The VFW has a
'record and they wan~ it to remain so. Be suggested that the board make a
"~ompromise and appoint Mr. Flemin~ and then have another )xkm2nation for North
~ndover and fill the other vacancy and make everyone happy.
'Mr. Willls then inquired if itwas not necessary for a person to be under
Civil Service before they could be appointed provisionally to a position. Mr.
~'~-'Thomson said this was no~ so, thnt this board could make a provisional appoint-
ment to any positionproviding there was no available list, .providing itmeets
with the approval of the Civil Service Commissioner.
· M~.'Fleming s~ated that in his mind, only Daniel Shine has taken a Civi!Service
examination at any time.
MrZ Willis s~ated t~at last year a police officer in the police"department....-.
was employed as an officer but was listed on the tmyroll as a janitor. At least
that is what Mr. Willis believes.
Mr. Fleming then discussed an appointment which he had with Mr. Thomson at the
latter's office, and stated that Mr. Thomson had said that we may appoint you
or we may ask for a list. Mr. Thomson corrected this statement and said that
he had told~.~r. Fleming that it was his understanding that we may appoint you
or we may ask for a list. Mr. Thomson stated that hewanted the exact thought
of their conversation brought out.
Mr. Flemin~ then inquired if there would definitely be some action taken next
Monday and Mr. Thomson replied that he would be ready to take some action if
and when a reply is received from Civil Service. Mr. Finneran also stated that
he wo~lld be ready any time to ~ake some sction on this matter. The board then
voted to carry the matter over until a reply is received from Civil Service.
John P. Scanlon told the Board that it was the opinion of the American Legion
Post #219 that the examination was well pub!icised and that they favored the
sppointment of Mr. Fleming.
325
OCTOBE~ 27, 1947- continued
Several people stated that they had no decent water and had only enough for
their cattle.
Mr. Duffy stated that this was the first he had heard that domestic water
was needed and Mr. Wilcox had not told him this previously.
Mrs. Love said that she felt something should be done about fires in the country
and that this condition,'had existed for some time. She said she would like to
have the people come down and see what they have to put up withl Recently she
lost a barn and 800 chickens. She informed those present that all the swamps
and wells were dry and she felt that by law or otherwise, she felt that the
hydrants should be open.
Mr. Duffy stated that he had taken this matter up with his board and that they
were cooperative 100 % and will do anything to help this situation.
Mr..Thomson then asked Mr. Duffy if, in his opinion, he could have a faucet
put on the hydrant and he replied that there is one hydrant there and he would
be glad to put a flush on it, and informed Mr. Thomson theft he would try to
have it done to-morrow.
Chief Hargreaves informed the board that Trombiy'B~others, Hollins Super Service
and Charles White have 1000 gallon tankers which they would be glad to use
in. case of fire. He also mentioned thatthe Tree Warden's apparatus is also
availablefor this use. The Chief said he was in favor of forest fire patrols
but that these would be more useful during the day and it is difficult to get
men. at this time.
Lieutenant Commander N.W. Briggs of the U.S. Naval Reserve was present and
~ated that they have 350 men and they would be strictly volunteers This rule
is laiddown by Congress; He felt that £rom 50 to 75 men could be called for
~olunteer work to fight in case of emergency. He felt that they cm:ld also
.,set,up communications and they would have radio and first aid facilities.
Commander ~imothy McCarthy of Post 219, American Legionand Commander ~ohn J'
Willis of Post 2104, Veterans of Foreign Wars offered the services of ~heir
·pSst on a strictly volunteer basis, and the men would be giad to ~rk under the
FireChief. Commander Willis suggested that if temporary fire ~wers were '/
~rected it mightenable the patrols to cover a grea:er area.
Mr. Love then stated that there are sections.in the country where ,there is
considerable quicksand and there should be persons..chosen .who would be familiar
with' the area in order to do successful patrol work.
Mr.' Duffy then asked if the people .in the countrywould be willing to do,the
patrolwork.
Mr. Wilcox said that he has 40 head of cattle and it takes .all his time 'and the
section is so thick that it would take full time .t~ patrol that section~
Mr~ Hargreaves brodght.up the matter of remuneration and said he didn~:t think
people should be asked to do this work without pay.
Commander McCarthy said his men would not ~xpect any pay and that there-has
been'much volunteer done:by the Legion.
- Mr...Thomson then'asked that all interested.parties meet with the town o~ficials
" and work out a plante supply water for domestic purposes and plansomething
.~bo~t patrols. He stated that t~e Forest Fire Warden .has authority_to remunerate
on this work.
Mr;'.Thomson then called on Chief McKee'and s~id that hadbeen statements made
to/the board that the police car had not be~n seen cruising in the country for
· years. Chief McKee replied that ,the police .car cannot go ov~r all the country
and there is only'one car.~ available. Thaymust cover 27 ~quare miles and it
was impossible to cover the down town section and the outlying districts. He
stated,that they have been down there at various times but.mostly when called
to go down.
'Mr,,.Wilcox then presented a petition containing all the signatures.of the persons
Ii~ng in the country and they would like to have this matter considered as.soon
as.possible. The persons interested in this matter then adjourned to the Fire
Department rooms to discuss this further. ,.
J-OROR DRAWN:,
Th~ name of Alcide Gravel of 12 Suffolk 'Street,- Operative was ch'awn .to serVe
at Lawrence Superior Courton Criminal Business on November 17, 1947. Name
cl~awn by Mr. Finneran. :
POLICE APPOINTMENT:
.'Mr. Thomson, Chairman of the Board, r~ad a letter to those present which was
received from Civil Service C~mmissioner relative to the rights of the Selectmen
inmaking an appointment from a list of one name or asking for an examination
so that three or more names could be certified. The letter stated that the
.' Board could appoint one person on the list or if they preferred they could ask
fo,.an examination which would he held in some months and reject the present
A~torney Ma6rice Close appeared in the interest of Norman Fleming, whose name
appeared on the list of one. He.said as he understand the situation this ~.ma~$e~
has come before the board several times and he is appearing in the interest .~'
326
OOTOBER 27,1947: - continued
Mr. Norman Fleming. Attorney stated that he recalled the posting in libraries
and other public places, the notice of the examination of patrolmen which
is an examination held every two years throughout the state. It is calle~
the Police Entrance examination and it was staged on March 22, 1947. He'
considered it essential and investigated and found that announcement had
been posted six weeks before the examination. In conformity with.the examination
Mr. Fleming took the examination and passed with a good mark. When he received
his notice he found that he was the only one to pass and it is to his c~edit that
he did take and pass the examination. Attorney Close said that there has been
considerable criticism regarding the manner in which this matter has been
handled and he felt that a critical error would be made if Mr. Fleming's name
was passed over. Mr. Fleming is 32 years eld, single, his education is good,
having graduated from High School and Lowell Textile School. He entered:the
service in 1942 and was discharged in t945. He would make an excellent
candidate for this position. He sought out the date of the examination and
took it and passed same. "'
I submit that probably not due ~o your fault that this matter has beendelayed
too long and I can't see why his appointment has not been made. He' can be
appointed to-night and if another man is wanted, it can be'taken up at a
later date. A fund was appropriated so that two men could be appointedd¥ou
can allow the second appointment to wait. There is no assurance that theother
two men will pass and it is not fair to the town to wait for Civil Service
to give another examination. Mr. Close stated that Civil Service has indicated
that this Board has the right to appoint this man. The man worked hard~ he
left his Job.at Rutter's Laundry so that he might'be a~ailable and he'accomplished
whathe strove to accomplish.·
Attorney.Close said that he canno~ see how the board can refuse to appoint,this
man. He is a good law-abiding citizen and if appointed then the board'Es
done a good Job.
John Wat~h appeared before the board and stated that at present here are,:certain
special'officers on duty all night and the other regular officers go homeJ He
cited an instance where his brother had occasion to go to the station and he
all'but-had to kick the door down to wake the officer up. Another instance
was's woman who had illness in the family and had no.telephone so she went
tek'the Police Station and he (the officer) practically ba~led her out for
disturbing hi,.and he said-she should have called from a n~i'ghbor's house.
Mr. Walsh sa~' he had know Mr. Fleming for six years and he is'sure that he
would make an excellent officer. It is better to have a regular man there and
Mr..'Fleming would be a credit 'to %rth Andever. I hope, said Mr. Walsh, that
this ~bq~d.d_will see their'way clear of a~peinting Mr. Fleming.
Atterne~-~tated that the matter had been before the board several times and
no action has been taken as yet.~ I hope you will appoint Mr. Fleming.".:Hei:'has
gone all out in this matter and is awaiting your decision.
Mr. Salisbury then stated that a letter dated 9/2~/1947 came to this hoerd from
Civil Service listing one name as eligible. This board sent a letter to~tha
Civil Service Division on October 6 asking what our rights were in rega~d~and
a reply came in on October 27, 1947. There was no. regular meeting held on
October 13, dueto the holiday. There was nothing dilatory on the part'of
this board.
The Board then voted to take'the matter under advisement.
LAWRENCE GAS & ELECTRIC C0MPANY~
Notification received that the street light on pole 2317 on Elm Street; has been
turne~ off ~emporarily for necessary repairs. '· The materials are not. readily
available. The ligh~ was turned off on October 14 and the town will no~ .be ~illed
for s~rvice until it is turned on again~
INVITATION: '
0ommander John J. Willis invited the Selectmen to take part in the services to
~m held the late Frank Fawthr&p Jr. on Wednesday afternoon at Caron's Uhd~rtakiug
Parlor. The board accepted 'the' ·invitation.
LAWRENCE GAS & ELECTRIC COMPANY:
Notification received that tlmee 1000 Lumen Incandescent Street Lights were
installed at the following locations: Pole #2185 -Presc~ott Street, Pol'e #882,
Prescott Stree~ and Pole #349, Osgo. od Street. These lights were~ turned dn '0cto~er 15.
STEVENS HALL:
~erican Legion, Post 219, h~ve requested the use of Stevens Hall on November.il,
from 6:30 P.M. on and Mr. Hayes has the hall available for this date. The Board
voted unanimously to grant this request.
STREET LIGHT REQUEST:
Harold Storr of 10 Beaconhill Blvd. would like to have a atreet light installed on
Pole #1 at 10 Beaconhill Blvd. He has made similar requests last year. The Board
voted to refer this requestto the Lawrence Gas &Electric ~...n~.
'.3.,27:
OCTOBER 27, 1947:
DAMAGE CLAIM:
A claim for damage caused to a bicycle by one of the Highway Department trucks
· was received from Robert McMurray, 19 Little Road. The estimated claim'~is
seven o.r eight dollars. The board voted to ask Mr. Carry for e report of this
accident before making disposition of the claim.
":RECREATIONAL COUNCIL:
A-report was received from the Council relative to the study of ,skating rinks
for the children of the town. Thehoard recommended that there are three
'locations quite suitable as sites for rinks: a. Thompson,School yard, but a: a
lo~ation other than that portion which has under-surface drainage installed:
b. Drummond Field and c. Grogan's Field. The Board voted to accept the report
i:~and~msk .the Council for afigure as to the estimated cost of the work required
to,make these rinks available ....
OFFICE.OF T}~ SECRETARY:
Notice received that an application for a certificate of incorporation under
',the~nnme of'National Cbuncil cf Independent Schools, Inc. Application filed
by~,FrankD. Ashhurn, Brooks School, North Andover; and others (n0t~re~idents
9f'North Andover). ~The Board voted unanimously to approve this'toques{ and
forWard a statement of the facts called for.by said section)Chapter 180 of the
G.~L. Ter. Ed.
· ...-:~ p?ANNING HOARD REPORT: . ' '. '
Re~rt received from planning board' informing the Selectmen that a
~%~':held on October 10, 1947 and,voted favorably, on three requests:.
· ~ Petition of Stanley S~efanewicz-Barker and 0sgocd Streets: Francis
'-.- Highland Avenue and Hillside Ruud: John E. Wilson, ~Mass. Ave. and Perry Street.·
~[? :'.INsURANcE:
:~,A.~:Iet~er was received from Andrew F. Coffin, Manager of the. gnited~ States
· , .- ~,~,nd: G~aranty .Company stating that' the audi~ of N.A. payroll- for the; year.
":,/'en~g, July 29,1947. has been completed by the. ' and' '
~ ~'~,,, Surgery Company.:. Increased rates, increas.ed payroll volume
,"~. !,'.: .~q'osg'~ experience have combined to produce an additional, premium of $684. 84. The'~
· ,~ ,,-'balance in the insurance appropriation is not sufficient to meet this
ii,, ~:., ii'i.'. :~t~ei,hoard voted to request a transfer from the Reserve Fund for the
.~,~,.,?zee~.ed which is $357.38. . .....
.'~':~'i:~ .::POLICE APPOINTMENT: ..-
.!%!.~,: b' The~..matter of.appointing a police, officer was again.before the b~ardl a~d'Mr.:'
' :1:,4,:/',~ ~ 'Sali'sbUrY stated that he.felt the board should .have the.answers to the Civil'
,~, ~ervice letter, and that he planned to be in Boston .on. November 3, and he~
~,'mak6Jit .a point to see Mr. Greehan and' find out Just .what is meant by.,.
_-~.- : Which, was mentioned in their letter. MrA Salisbury. said: that.the hoard~could
~ :~1~ :i~,act.jto_ntght as %he list. exp. ired and..a cer. tification for a ~ew
,:,~ ~ Mrg'yh0ms6n stated .that he .felt that the positiona~ open, were important and
"f ' ' ] thab they. affect the pe~!ol~ as:.a ~whole. He ,felt that a new examination migh~'
,be::held]and provide new -names~of./pe~soDs whose abilities could he compared wi.th
~p=esemt.,~candidate now .having passed. He ~naid. that he w~,uld not feel natisfSed
not 'consider he .capabilities and.,qualiffoations, ad iap~otnt '
~'~ ~ t6'~ithe best .of their ability .whoever is best suited for this pcsition~
/,?~,~i':$ugge'sted that the board, call for a new list and stated that the. examinattoa~ · 1
ii, ~.-';c!;::~a~nOt be: to~ ,far,away., ~r..~Th0mson. stated that ~he does not intend to, say
.... ~: ~.ii,'~ %thing, der~gat6rY to' anybody but would like to get'the best ,qualified,men.'
~/Mr~""S~lishury stated 'that ~e could go.along with Mr. Thomson in calling for a
· .' ~' ~ ': n~ lt~t, hut he would not agree if'Civil Service said an examination could not
be.::held until ,June or July. He said he would like to find out when
wohld~.be held befor~ proceeding. Mr. 'Salisbury said you can't correspo~i with
.. q , Ci il%S, erwce cry lucidly and he would suggest that the hoard w.att until next
.,·:i~, '~i.~cnday evening .when he hopes to have all available ,information.
,'?'MrJ Finneran said he felt' ~the board should .appoint. Mr. Fleming and ask, for a
naW'.ltst for the other' appointment. , - .
Mr.,.Snlisbury then asked Mr.~ Finneran if he had received a poor mark, would Mr.
Finneran appoints;him. He said he could not second Mr. Finnermn's motion to
.... ~&int Mr. Fleming. -, -
· ,. ~r~?.Salisbury then said the board has his verbal assurance that he will get
sbme~ ,information from Civil Service and. that we must extend the provisional
appointment of the two men now employed: He said the reasons, are two-fold.
: ~Insufficiency of a list and the certification is void.
:A motion was made and seconded that a requeet be made of Civil Service Commission
to continue the provisional appointment of Everett Woodhouse and Frank Dushnme
' for'an additional thirty days.
MEETING ~DJOURNED: