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HomeMy WebLinkAbout1981-09-14 Board of Selectmen Minutes30$SiFr ER l& 198l. ............................ ' The Board of Selectmen met on this date with all members presentl Thomas J. NcEvoy, Charles A. Salisbury, with Chairman John W. Graham presiding. approved as submitted. SELEC~ SALISbUrY: Selectmen Ralph R. Joyce, R. Louis D~FrusciO The minutes and warrant were Discussion ensued on what procedure to take to. fill vacancy resulting from the. resi~nation of Selectman Salisbury. Town Clerk, Dan Long, advised,;the Board that aSpecial election would cost in the vicinity of $3,500 to $i,000 dollars, and it could not take place until late November.. A Special :election is not mandatory unless a petition was presented with. 200 si~natures.-',,'.L Selectman Diiruscio disputed the above-statement stating it would only take 100 si~natures. The Board voted (4-1 abstention) to'delay iilling vacancy.until Hatch 1st .regular To~m Election. DISPOSITION OF STATE AID: .~-. Selectman HcEvoy made a motion to accept Brian Sullivan~s recommendation to apply $~50,000 free cash and $250,000 towards estimated receipts. mand DiFruscio second,:the motion. McEvoy said he didn't want to'freeze,~he money. 'SelectmanJoyce motioned to amend HcEvoy's motion to place.pa~t:of~ the cash into a stabilization fund. Chai~nan Graham stated that,thez.cou}d always use free cash to buy Town's necessities, and that the cash-did';not have to be stabilized. There was no second to motion to amend. ;Joyce,~than · made a motion to amend Brian's recommendation (HcEvoy's motion) to apply $~00,00 .to free cash, $250,000 to adjust estimated receipts and ~i0.,O0~:to? lowers,the tax rate. Selectman DiFruscio:~uggested that some of the.,money~ - be used to kee~street lights on. Chairman Grahamthought some ofcthe.-money should, be applied to the tax rate.- Joyce's motion was defeate~,. 2 fo~,~ · against. On HcEvoy's motion to accept Brian's recommendation~?flheu~o~ SPECIAL TOW~N MEETING: "toll od~ o It was voted unanimously to hold a% Special Town-Meeting on October ..5 & ~t98~, ~ at 7:.30 P.M... Warrant was-opened at 8:25. P.M. to insert article to.reduce, previous free cash vote to $250,000. rWarrant closed at 8:26 P.M.-::, PARKING FINES: Parking fine legislation was discussed. It was finally voted (4~luabstention) to adopt Section 20A 1/2 and file o~n special legislation. Warrantbwas.~.lq. opened once more to include the above-stated article and closed. .r~,-,. SK~R~,LIFTSTATIONS: A;sh~rt discussion was held on proper charging of sewer lift stations;" Present at the Select.eh% meeting were me~ers'of the,Planni6g B~i~.]',~nd. ~o members'°f~the Board of Public Works~ The question'in dispute~a~ ' ' whether or not to charge additional char~es for people who use 1ifil" stations. To~n Counsel stated in his le:ter that to fmpOs.e additional' chartes on these people would he'inequitable as the use of lift' stations is an integral part of the overall sewer syatem~ and =hat Chis ty~ei'o~ '.' service 'should be borne by the. teneral taxpayer. The Selectmen state~ "'- that the matter should be discussed further between the BOards conce[ned, the Planning Board and the Boar~!fPublic Works, and possiblyTo~n Counsel as the Select~en were not involved in the ~aking of this policy in'a~Y']i:(~ %., SPECIAL TO~N COUNSEL APPOINTMENTS: .... :', '~ ~'; The Board'voted to. have office contact all North Andover Attorneys to ask if they would be interested in a Special Town Counsel appointment when the need arises. If they are, to submit, in writing, any expertise they have/~ compensation rate they would charge. LIC~qSING CONHISSIONERS: The follo~ing liquor license policy re: adopted by the Licensing Commissioners: one-day liqU°r licenses was 1.) All activities at which liquor is dispensed and which are held at locations not possessing a liquor license, will require a police officer,~ in attendance except weddings and chuch ~unctions durin~ the daytime. ~EPTEMBER ~, 1981 (continued) 3~ ONE-DAY LIQUOR LICENSE POLICY (continued) 2.) All activities at which liquor is dispensed and have a one-day gambling license (Las Vegas Night, etc.) will require a police officer in attendance. The Board of Selectmen unanimously voted to go into an executive session with Atty. Lynch to discuss l~zigation over a personnel matter. TOWN COUNSEL: Letter received from Town Counsel indicating to the Board that h~will not be able' to represent the Town in the Bridges Sub-Division case as he has a conflict in this matter. Town Counsel also clarified his rule in any future cases where there may be a conflict of interest. Selectman Salisbury made a motion to write to the Attorney General to get an opinion as to whether Town Counsel's stated position on any possible future cases may present any con- flict problems. Selectman Salisbury added that Town Counsel did explain ye: clearly what his position was in these matters and, for every one's sake,he feels that the Town should request this clarifying opinion from the Attorny General to make sure that everything is in conformance with the conflict of interest law. The motion did not receive a second. Chairman Graham stated ..that he thought it would be appropriate for the committee that appoints Town Counsel to address this type of question and also to develop a job descrip- tion for the position of Town Counsel. This has been discussed for some time. On a motion made by Selectman DiFruscio it was unanimously voted to refer this matter and matters of job description to the committee to appoint · Town Counsel. Alice M. Letarte, Secretary ~&~AAA&AAAA&&AAA&A~ Clerk 'fhe Board of Selectmen held their regular meeting on this date with all m~m- · bors present except Selectman Salisbury who was in New York on assignment. Present were Selectmen McEvoy, Joyce, DiFruscio with Chairman Graham presid- ing. /The warrant and minutes, amended, were approved. DUCT.. INSTALLATION: The Board approved petition of Mass. Electric Co. to install 1-3" duct on Abbott St. SCHOOL COMMITTEE: Members of the School Committee met with the Selectmen to discuss offset receipts for evening school, an Article they wished inserted in the Special Town Meeting warrant to raise and appropriate money to fund two buses they out; out!~and their request for a school crossing guard to be situated intthe vicinity of Chadwick-Sutton High Streets. Assessor Phelan stated that the $~ "$700~000 cannot be applied to anything but the tax rate. School Committee requested that .~he3 be allowed to apply user fees to conduct the usual even- ing school They Were advised that the offset receipts from the evening schoot~would reduce their appropriation in the budget. After a long dis- cussion the School Committee members stated that they would consult with Town Counsel re the offset receipts. Decsion on the matter was tabled until the above-named conference with the School Committee took place. Bud Cyr suggested that Ch. 88 allowed fees to be accepted as gifts. School Committee and the Selectmen had a long discussion why an Article sent · by the School Committee on Friday was not included in the STMwarrant scheduled for October 5, 1981. The article would appropriate money to reinp~ state the two school buses that.were cut out. As sta~ed above, Assessor Phelan said the money received from the state could not ~e used for'anything but reduction of the tax'rate. School Committee members stated that the Article should have been included in the warrant for the STM, and asked that the.meeting be reset to October 6th. Concerned parents were present to protest the cutting of two buses. A motion was made, after much discussion, to postpone the STM ond day, and to open and close the warrant to include bus article. There was no second to the motion. School Committee than requested that the article be included in the next scheduled STM. It was so voted. On their request for a School Crossing Guard at Chadwick-High- ~ Sutton Streets, members of the School Committee stated that the safety .Officer had advised them that it was necessary to have a crossing guard stationed there. It.wa~ voted to netition the Advisory Board for fundin% subject tp police chzef s recommendation.