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HomeMy WebLinkAbout1977-12-19 Board of Selectmen Minutes DEC~NBER 12 1977 (continued) CML SERVICE-POLICE OFFICERS: Notice of Decision received from the Civil Service Commission re the suspension of police officers, Charles A. NicoSia and Wa;to w~. Lagasse. Notice stated that, after careful review and due consideration of all the facts, the Civil Service Commission voted on November 22, 19' to dismiss the complaint under Section 46A of Chaper 31 but affirm the action of the authority in taking disciplinary action against the appelant and terminate the suspension effective December 1, 1977. Lagasse stated that he would answer any questions the Selectmen might ask re his return to the Police Dept. Guthrie: Is it your intent to return to the Police Dept.? Lagasse: Yes. No, he did not speak to Chief Iawlor.. he is notifying he is available to go back to work. Coady: We have had no response from Specie; Town whether it requires reappointment or not, whether Civil Service has taken appointment out of Selectmen's hands, what option does Board have and what action Board can take. Lagasse repli that he is notifying SeleCtmen of his consent to accept reinstatemant...that it is up to to accept or reject Civil Service notice of decision, that he would take it to Court, if nec- essary. Guthrie: Seems it could be a possibility that the Board has other options. Key factor it seems to him that, under the circumstances, can they function as police officers.. Lagasse and Nicosia should give it some thought. Coady motion: Nove to acknowledge their intention to seek reinstatement but Board must wait until hearing from Town Counsel. Guthrie seconded the motion. Lagaspe and Nicosia were asked to give thought to the fact that, if reinstated, they will go back into a department who will be hostile to them and officers would have a bad time. Matter taken under advisement until letters received from Town couns~ and Chief Lawlor. LICENBING COMNISSIONERS: Approved: Transfer of license of Nc~.loon's Package Store, Inc., 531 Chickering Rd. to McCaracken's Liquor and Wines, Tne., same address, same stockholders and same Manager, Andrew ~c o · JOEY'S: Decision on hearing of The Barn Door d/b/a as Joey's. Suspension of license from 8:00 p.m December 19, 1977 to December 30, 1977, at 12 o'clock midnite. Notice sent to Chief Lawlor and ABC. as w~l] 'as to Joseph Clowers, at Joey's. Notice also sent to Joseph Clowers that another hearing will be held on his license, January 9, 1977, at 7:00 p.m. at the request of the Department of Corporations and Taxation that he was delinquent in the payment of his taxes(letter received December 8,-1977. AUTIO~EER' S LICENSE: Application received for an Anotiontioneer's Lic.e~e from Ll.ce~.~e approved if character refere~e affirmatmve from V~e~tchief Iawlor.~C0abe' ~tS~i~lin_/ / ,'~ Drive. A-liceM'Letarte'gecretary **~*~ ~~~ Clerk The Selectmen held their regular meeting on this date with all members present; Selectmen Joseph A, Guthrie, John F. Coady with Chairman Thomas J. McEvoy presiding. The minutes and warrant were approved as submitted. 7:00 P.M. TOWN COUNSEL APPOINTMENT: At 7:00 p.m. the designated committee appointed to appoint Town Counsel convened with all' members present except Atty. Donald F. Smith who had excused himself from voting as he was a candidate for the position. Paul Lamprey, Chairman of the Planning Board, expressed the feelings of his Board that they would like the Town Counsel appointment postponed until they had more time to look over the applications and discuss same, that they had not had the time to do this. Dr. Kay requested that his letter be read on the matter. The letter requested that the appointment be postponed, that a co~.:ttee be appointed to research candidates, that it not be restricted to North Andover residents only. He further added that the present method of appointing Town Counsel was. archaic. When asked, Brian Su21ivan advised Dr. the method of appointing Town Counsel was a by-law and only Town Meeting action could change It was brought out that the present acting Town Counsel, Atty. Elias, was very busy with his own practice ~ had asked that a Town. Counsel be appointed as soon as possible. That the person appointed tonight would serve until June, 1977, the date Salisbury's terra-would expire. James Gordon stated that the matter of appointmeat had been brought up last year but, at the present time, should net be used to delay appointment. He motioned that -11 applicants be nominated, that vote be by b~l~ot, and appointment by by majority of the co~,~,.:ttee. Motion was seconded. Chairman McEvoy read the list of candidates and ~,~ots were passed out four times. A majority vote was not reached... Atty. Willis received 5 votes, needed six. The meeting was convened until next week, December 27, 1977, at 7:00 p.m. when the co~,.:ttee wLll reconvene to appoint a Town Counsel and hopefully achieve a majority vote for one candidate. ~NVIORNMENTAL CONTRACTS: Letter received from the Department of Environmental Management, Bureau of Solid Waste stressing the importance of a~meeting with the Selectmen, IEFA, N. E. Solid Waste Committee and representatives of the UOP to discuss the Solid Waste Committee's request for the town to hold a Special Town Meeting in late January and early February to approve the 20-year Solid Waste Disposal Contract with UOP. It was voted to hold the above-named meeting on December 27, 1977 at 8:30 p.m. in the Selectmen's Office. ~. DECEMBER 19, 1977 (continued) DOG OFFICER COMPLAINT: Letter from Ernest Gauthier, D.O. requested a hearing in the matter of James Dusn's un- restrained and unlicensed dogs. Board voted to send Dunn a notice to appear before the Selectmen on Tuesday, January 3, 1978, at 7:45 p.m. Copy of notice sent to dog officer and complainant, Sandra Kulpinski. TITLE VI PROJECT CONTRACT-CETA: The Board authorized the Chairman to sign the above-named contract. FIRE~IGHTER,B UNION FEES: F.F. union complained that two fire firefighters had not paid their agency service fee; fee was negotiated in the last contract and accordingly, an employee who refuses to pay the fee shall be terminated by his employer. Letter ~l~ be sent to Atty. Ford to determine the "employer." The fire engineers are the appointing authority for the firefighters and the Selectmen appoint the Engineers and act as bargaining agent for the town. If the employer is the Fire Engineers and they do not take any action, what steps are available to the Union and Selectmen to enforce the contract and the regulations of the Labor Relations Commission? GROUP PURCHASING: Letter from Fred Rex, Secretary to the School Committee, inquired about 'the matter of group purchasing. Brian Su21ivan, who has been investigating this subject for the pas~ few months, will bring Mr. Rex up to date on his findings. TOWN ACCOUntANT POSITION: Deadline for applications was December 19, 1977. Selectman Coady made a .motion which Mr. GUthrie seconded, to appoint an applicant to f.fl~ the position of Town Accountant On January 9, 1978, at 7:30 p.m. if not sooner. LAGASSE AND NICOSIA: Letter read from Chief LaWlor stating that, under ns circumstances, did he want the above- named former police officers reinstated under his employ an his department. Letter will be sent to Special Town Counsel to set up another hearing as soon as possible. Fir~t~hearing~. was held before officer's case was brought to trial where they were found guilty. Board suspended officers indefinitely. Notice from Civil Service stated that they had terminated suspension as of December 1, 1977. A hearing will now be held on the findings of the Court and a determination whether to reinstate or fire the 'officers. SCHOOL CROSSING GUARD-B.C.-B.S. School Crossing Guard, part-time, Mrs. Pappalardo, appeared before the Board protesting the fact that she could not be a member of the town's Blue cross, Blue Shield program. The by- laws of the town were explained to her...that an employee had to work a minimum of 20 hrs. a week to be included. She stated that other school employees were under the program and' only worked 10 hours as she did. The Board explained to her that the By-law was fairly new as of last year and the employees she referred to had been employed before the law became effective...action known as a "Grandfather.. clause, so they stf~ could remain in the program. She was advised that she could st~ Join the town's group program but she would have to pay the premium, a premium which was still a lesser amount than if she were to pay it outside the group program. FA~N LEASE: Letter from Robert F. Hollander requested that he be granted a new lease to live ~ the Town Farm. The Board stated that there never was a lease, just am agreement. Selectman Coady motioned to permit Hollander to reside on the property for the next 18 months. Mr. Guthrie seconded the motion. FIREFIGHTER'S COMPLAINT: Tw~ members of the Union appeared before the Board to complain about a fireman who needed new gloves for firefightimg was given two, used gloves. They showed the gloves to the Board. Board voted to have Selectman Coady appear before the Bal. of Fire Engineers at their next meeting to discuss equipment supplied, failure of the Engineers to answer communications from the Union and refurbishing new quarters for the Chief. LICENSING COMNISSIONERS: Approved: Renewal of Class III license for P~bert and Joan Houghton d/b/a Bob's Auto Parts, Ash Street. ~t t./~ Application of Co,non Victualer license for Val's Restaur ,A91~ Main S ~ Alice M. Letarte, Secretary *~*~*~,~~,~- & l~rk