HomeMy WebLinkAbout1982-02-01 Board of Selectmen Minutes3~6JANUARY 25, 1982 (continued)
WORK SESSION:
Chairman McEvoy reported on the work session held last Saturday and said
the Board took action re the Advisory Board's request ~t cut down on street
lights. Brian stated that of the 180 lights that were propbsed to be re-
moved, 140 will be removed, that where they are located now, they were not
needed. He stated that, on an annual basis, the removal of 140 lights
would be enough~to stay within the street light budget. This year, we will
be $5,000 short· Selectman Graham made a motion to take out the 140 lights,
leave 144 in and go to the Advisory Board for the difference. It was so
voted. Selectman McEvoy stated that,.all 22,000 volt lights should be ri-
placed with mercury vapor lights. Brian advised that these lights ate
being replaced and it will be approximately a $3700~!saving· It was noted
also that all lights to be removed will be listed in the paper before
their removal and that residents will have ~e option to keep a street~light
· wn
in at thezr/~xpense.
Brian advised the Board that a letter h~ been received that should be
discussed in executive session, concern~ g litigation. It was so voted.
LICENSING COMIflSSIONERS:
....... ~-- ~ beer license for the North Parish
· llcatlon ior a Z oay w~.~ ~ .
Approved· App ...... =__ .~ ,~N rth Parish Church.
Alice M. Letarte, Secretary '-**************** lerk
FEBRUARY 1 1982
The Board of Selectmen held ~heir re~lar meeting on this date with Selectman
DiFruscio and Selectman Graham present with Chai~an McEvoy presiding.
Selectman Joyce and Salisbury were absent. The minutes and warrant were
approved with one amendment. On the Wine and Malt license for The General
Store change "cooler will occupy 10% of the floor space," to "wine and
beer will occupy 10% of the floor space,
JURORS:
The following persons were drawn for March 1st Sittings:
Newburyport ..... Edward F. Rohmen, 106 Union St.
Lawrence ........ James A. Pettine, 310 Sutton St.
Salem ........... Ronald H. Parsons, Lacy Street. William W. O'Connel'l, 17
Kieran Rd., Joseph Donnelly, 218 Mass· Ave.
TOWN REPORT BID:
Five bids were received to print the annual Town Report· The Boardvoted
to award the contract to Town Printing, Inc. of Andover, Mass. who submitted
the lowest vote, $20.29/page. Chairman McEvoy commented,also,that Town .
Printing had printed the town report before and the Town had alwayslrece~ved
excellent service from the company.
EXCISE TAXES:
A letter received from Town Counsel advised the Board of the necessary steps
to be taken to collect outstanding motor vehicle excise taxes. They are as
follows:
1.) . A deputy collector or special, constable should be appointed fo~ the.
purposes of collecting the delinquent excise taxes and procuring the
plates in the event of failure to pay the taxes. This is provided
for in General Laws, Chapter 60A, Section 2 A.
2.) In accomplishing the confiscation of the plates,the deputy collector
is authorized to "proceed anywhere within the Commonwealth notwithstand-
ing any other provision of law." This givpsotheadeputy collector the
authority to proceed anywhere to effect collection of the plates. ' This
is provided for also in General Laws, Chapter 60A, Section 2A.
3.) General Laws, Chapter 60, Section 15, provides for the collection of
costs incurred in collecting the tax. The last paragraph of this section
i provides that the collector should account to the Town Treasurer for all'
charges incurred. %n this section it also allows for "all lawful cha~ges"
incurred in collecting the taxes. %t is my opinion that this provision in
, the statute allows the collector to charge against the taxes collected
these costs of the constable,~-etc. Since the collector in our Town is
both Collector and Town Treasurer and the statute provides that the Town
Treasurer shall reimburse the Collector or credit him for all expenses
(cont
UARY 1 1982 (continued)
EXCISE TAXES: (continued)
incurred, then it would seem to be a simple matter to delegate this respon-
sibility to the Collector. In doing so, you could indicate that he is auth-
orized, 1) to make all the collections as Collector, and 2) to charge all
of these expenses against whatever is collected as Town Treasurer. In this
manner, the collection of the tax could be accomplished by one and the same
person.
Brian Sullivan advised the Board that he had reviewed Town Counsel's opinion
with the Town Treasurer ~ho will use Constable Joseph Axelrod and will start
the program after he returns from vacation.
SENATOR McGOVERN:
A letter from Senator McGovern advised that Board re the problem of drunk
drivers, that, as the Senate Chair of the recently established Joint Committee
on Criminal Justice, she will work vigorously during the upcoming legislative
session to address the major issue of drunk driving and its consequences to
the p6blic.
AHOP, GRANT:
Gayton Osgood, Community Development Director submitted a report on the use
of AHOP funds. The'Town has received $95,000 in federal funds under the AHOP
program, and through the Merrimack Valley Planning Commission. The funds must
be u~ed to create new housing units for low and moderate income persons. The
first alternative was to purchase an old house on Ashland Street and remodel
it for low income family housing. However the h6use was purchased privately.
Gayton now proposes to make funds available as low interest loans to landlords
who Own vacant and substandard units that can be rehabilitated for residential
low income use. He stated that loans would be made to landlords in the target
area which is generally bounded by Saunders and Riverview Streets to the north
Ashland and Main Streets to the south, the Merrimack River to the west and
Second Street to the east. Application deadline, _.' .l. Ma=ch 1'5, 1982. The bank
would process the loans at a lo% 'nterest rate. Landlords would charge a
certain, unsubsidized rent to low and r~iddle income families. Selectman
DiFruscio said this procedure puts the Town in housing...why wasn't the money
given to the Housing Authority. Gayton stated that the money was offered to
the Housing Authority but they did not want it. He also stated that when the
money %s returned it can be used for other projects. He also stated that
Fidelity House needs two more units but. HUD wants the money spent on family
renting. Selectmen ask'ed why the target area was always downtown, why wasn't
it up on streets going into the old Center. Gayton said it could expand up
to the old Center, and he would change the ad and would not have a target area
specified. Selections on loans would be based on 1) cost versus benefit ratio.
2) financial feasibility, 3) technical feasibility and 4) ability to meet
program obi ectives.
FIRE DEPT. COMMENDATION:
Letter received from the Mayor of Lynn expressing his thanks for the wonderful
aid that Chief Currier and his men provided to the Lynn Fire Department during
the recent fire disaster in the City of Lynn.
POLICE & FIRE DEPT. COMMENDATION:
Letter received from Mr. & Mrs. Ronan expressing their gratitude for the aid
given to their 17 year old daughter, Helen Ronan, when she was hit by a bus
on January llth.by£Police Officers Richard Card and Thomas Gilligan. She
particularly cited tWO firemen, ambulance attendants, Steven Long and Jay
Garvey,for their quick response and effiecient medical aid. Selectmen voted
to send letters to the men expressing their appreciation of their actions.
BOARD OF TRADE:
Letter received from the North Andover Board of Trade expressing their
appreciation for the interesting presentation Jack Albis made with the help
of Brian Sullivan and Bud Cyr on the Town's Solid Waste Project. Board of
Trade extended their full support in any way they could to assure the building
of this much needed plant.
348 FEBRUARY 1 1982 (continued)
CONSERVATION COMMISSION:
Jim Lafond, Chairman of the Conservation Commission, appeared before the
Board to discuss the letter received from a member of the Conservation Comm-
ission re the services of Attorney Gregor McGregor. The letter was very
vague and the Selectmen just wanted to know what services Attorney McGregor
would be offering the Conservation Commission. Selectman Graham stated that
the Board appointed responsible persons to the Conservation Commission and
that, in his opinion, it wz.~n't necessary for the C.C. to seek permission
from the Selectmen to carry on their work in the interests of the Town. He
reminded the Board that a year ago the Selectman had been told that they did
not support the Conservation Commission and assured them of their full support.
Selectman McEvoy stated that the C.C. has had his full support in the seven
years he has b~en on the Board, that when he makes.inquiries it is because
he wants just to be brought up to date on their activities, that he certain-
ly wasn't following themcaround or looking over their shoulder, but~ in his
opinion, as the appointing authorities, they have a right to ask for an eX-~
planation when they receive a letter as vague as the letter sent by Mrs.
Licciardo, a member of the C.C. Jim Lafond stated that the basic reasons
they were seeking the expertise of Atty. McGregor was 1)'Review of the present
By-Laws which were drawn up by McGregor. 2) Review of the internal procedures,
a format for public hearings of the Wetlands Protection Act and, 3) Review.'~
what other Conservation Commissions throughout the State are doing to form
and strengthen the tools they are using to protect the natural resources.
Lafond went on to say the State Wetlands Act has been completely changed Or
revamped and the C.C. are having problems with the present format. Attorney
McGregor is Vice President of the Mass. Association of Conservation Commis-
sions,hdrew up the 1979-180 by-laws of Dennis, Mass. and several oth~ Towns,
helping them draw up and develop a regiment of by-laws, i.e. flood plain
zoning laws, Hazardous Waste land ~aking, land acquistion, etc. His expertise
will help them in the above-named by-laws and especially when they have to
compose a required Flood Plain Zoning By-Law. He went on to--say that North
Andover is' behind the times in their by-laws pertaining t~ the acquisition'
of land and the restrictions of the Wetland Act. Selectman Graham stated
that the Selectmen appointed the Conservation Commission to protect the
natural resources of the Town and that a situation arises where they need a
consultant, they should be allowed to hire a consultant without first getting
permission fr~m the Selectmen, that they have a right to do so. Selectman
McEvoy stated that he wanted the Town to have the best by-laws, that he has
always supported the C.C. Selectman DiFruscio also remarked that, at the
last meeting, Phila Slade explained the letter quite clearly.
BUDGET OVERRIDE:
Selectman Graham brought up the present law that provides for overrides of
budgets. He said the'Board should take a position and declare what their
intent is.- Ch. McEvoy stated that he had no qualms about it, that in no
way was he going to override anything. He stated that the Town has come
through Prop 2 1/2 with flying colors and, in his opinion, the Town'is in
better financial condition than 2 or 3 years ago. He went on to say ~hat
the Town of North Andover is proud of their Town officials and their cooper-
ation with 2 1/2. He remarked that the School Committee had placed the
Board in an uneasy position last year when they asked the Board to appropriate
more money for them which they couldn't do. However, the School Committee
has a school bus operating, the night school operating and has hired two
teachers , projects that last year they said they had no funding for. Brian
advised the Board, in detail, of their financial status stating the Town
will not have an o~erabundance of money 5ut the Town will get along quite
well financially without making any service reductions. Brian answered
Seleetman'Graham's question stating that the $ figure available will more
than account for the Articles that might appear in the annual Town Warrant.
CHESTNUT & HILLSIDE ST. SIGNS:
Brian advised that the traffic signs had been approved by the State and that
Bud Cyr had been sent a letter requesting the installation of same as soon
as weather permits.
CONSTABLE:
The subject of how many constables to be allowed in the Town and Hayden's
application was discussed. Selectman Graham stated that his questions had
been satisfied and that Hayden's application sh?uld be acted on before they
determined the number of Constables. Brzan was znstructed to contact Hayden