Loading...
HomeMy WebLinkAbout1983-03-07 Board of Selectmen MinutesF BRUAR LICENSING COMMISSIONERS: Letter was received from Richard K. Tracy, Chairman of the HaverhillLicensing Commission, stating that they are in the process of surveying area city and town offices to check names of businesses and managers with their list to see no violation of Chpt. 138 Section 15 re: licensees in the Commonwealth and they requested the names, addresses, and managers of all our alcoholic beverage holders. Licensing Chairman Graham stated that he spoke to Haverhill and they stated that they have some people with 2 licenses noting that the State allows a maximum of 3 and they wanted to see if North Andover had any with the situation. After some discussion, the Board unanimously voted to give them the information they requested. Secretary******************** ~//-/~ff~-~-~ ,~ , Clerk Karen A. Robertson, Acting MARCH The Board of Selectmen held their regular meeting on this date with all members present. Present were: Selectmen Thomas J. MeEvoy, John W. Graham, Ralph R. Joyee, Esq., R. Louis DiYrusc}o, with Chairman Cha~li~s: A. Salisbury presiding. The minutes and warrant were approved as submitted. JURORS: The following persons were drawn for jury duty for the April 4th sitting: Lawrence - Bartholomew J. Licciardi, 11 Bay State Road Newburyport - Edward Palmis~no, 1779 Great Pond Road Salem - Norman P. Flanders, 1132 Salem Street, Constance Catalano, 27 Bunkerhill Street, Brenda M. Peck, 78 Lacy Street, & George L. Lavoie, 345 Raleigh Tavern Lane ROCK ROAD ZONING SUIT: Chairman Salisbury noted that a law suit has been brought against the Town by the people who are upset with the Building Inspector's and the Board of Appeals decision to allow Dr, Franz to keep his dental practice on Rock Road. He stated that Dr. Franz is not a party in the suit. He noted that Town Counsel's opinion is that the Town has provided a Building Inspector and Board of Appeals who did their job by coming to a judgment to the best of their ability and once that has been done, the Town as a whole has done all that it needs too, and if any individual has particular interest in the outcome, they should defend themselves. He stated that he agrees with Town Counsel noting that there is no allegation that those decisions were made improperly. Dr. Franz' attorney, John'Cronin, stated that he feels when municipal employees such as the Building Inspector and the Board of Appeals, the Town Counsel or a Special Town Counsel should defend them and protect the reputation of the Town and its employees. He stated that another alternative is to share the legal expenses between Dr. Franz and the Town in defending this action. Charlie Foster, Building Inspector, noted that if the court ruled against their decisions, then the people who are presently operating would not be effected but with any new applications for permits to operate out of their homes, the reason found against their decision would be used as a guideline for future decisions. Selectman Joyce disagreed stating that there is no allegation to contest the validity of our Zoning By-Law, but the only thing is before the court is whether the Building Inspector and Board of Appeals ruled properly that it was- Dr. Franz' intent to reside on that property. He noted that the only one that benefits or suffers a detriment from the courtk determination is Dr. Franz or presumably the neighbors. He does not see any need for any involvement at all and feels that it is an individual matter that Dr. Franz should bare the responsibility just as the board has acted in past situations. Selectman DiFruscio stated that he feels we should defend the Building Inspector and the Board of Appeals.' Mr. Foster stated that he is tired of having a Town Counsel that won't do his job noting that we are all in jeopardy when he won't defend us. He noted that this case may not have many long-term ramifications, but it is the principle of it. He stated that every time we make a decision another counsel usually defends us. He questioned how they can act~' interpret, and enforce unless we have a power of a Town Attorney there to back us up instead of trying to get out of doing his work every case. Selectman DiFruscio made a motion to defend the Building Inspector and the Board of Appeals. The motion was defeated by a 3 - 2 vote. Chairman Salisbury, Selectmen McEvoy & Joyce opposed with Selectmen DiYruseio & Graham in favor. CONSERVATION COMMISSION VACANCY: Four applications were received for the vacancy on the Conservation Commission and also a letter from Anthony Galvagna, Chm. of the Conservation Comm. requesting to be notified when the appointments will be discussed. Selectman McEvoy noted that he was ready to make a decision tonight. After some discussion, the Board unanimously voted to set up interviews for next Monday's meeting, 10 minutes each and to notify the Conservation Commission. STATUS REPORTS: Executive Secretary Screening Committee - Chairman Salisbury noted that they have taken the 110 applicants and narrowed it down to 16. They plan on interviewing these 16 candidates over the next few weeks and to submit to the Board 4 - 6 candidates. Third Fire Station Committee - Le'.tter was received from the Fire Chief stating that the Board of Fire Engineers have re-activated the Third Fire Station Committee at the Board's request. Chairman Salisbury stated that they will get back to the Board with a specific proposal before it goes any further. Cable Advisory Committee - Continental Cablevision's monthly report was received. Chairman Salisbury noted that the Cable TV Committee is proposing to come in on April 11 to give a full-scale report to the Bd. Railroad Whistle Hearing- Notice was received from the Dept. of Public Utilities stating that the hearing has been postponed, at the request of Town Counsel, to Monday, April 4, 1983, at 10:00 a.m. Selectman Joyee made a motion and it was unanimously approved to receive the reports. MARCH ? 1983 (Cch't) 45~ MMA PERSONNEL SURVEY: Chairman Salisbury noted that a survey is going on, funded from lest year*s Town Meeting, of ail the administrative employee positions in Town. He stated that the Advisory Board is concerned that with the way the schedule stands, theY will not know until one week before Town Meeting what the recommendations and the costs that go with that are going to be. He noted that the Advisory Board is trying to fit everything in within a fixed amount of income and there is this large amount undefined until the last moment and they prefer to put it off for a year. Selectman Graham feels that you cannot make a change in a personnel situation like this in the time schedule that is set up particularly when it involves detailed job descriptions. He also feels it should be delayed a year. Selectman McEvoy agreed and suggested to have the Personnel Advisory Board at the Selectmen's next meeting. Selectman Joyce agreed stating that his main concern is that the information that the MMA is promulgating their comparisons is drawn up by employees, reviewed by a dept. head only, and nobody has really taken an overall look as to the basis on which they're operating. He noted that with the job description alone they are gbing to come up with a suggested personnel change for us and that suggestion is going to have a major impact and we have to be darn sure that it is on the basis of good information. He also agrees that this cannot be done in the time frame scheduled. Chairman Salisbury noted that thei~ is a meeting scheduled with the Personnel Advisory Board to review what has been done to date, and he noted that Selectman McEvoy will be attending representating the Selectmen and feels that the Board should instruct him what the Boardsconeerns are so he can pass it on. Selectman Joyce made a motion and it was unanimously approved to ask Selectman McEvoy to attend tomorrow nights meeting and to have the MMA, Selectman McEvoy, and a member of the Personnel Advisory Board at next week's work session. pERsoNNEL ADVISORY BOARD APPOINTMENT: Chairman Salisbury noted that the Board needs to appoint a citizen to the Personnel Advisory Bo'a~d and nominated Curtiss Wakeman) 814Osgood Street. The Board unanimously voted to appoint him. HISTORICAL COMMISSION NOMINATION: Letter was received from the Mass. Historical Commission informing the Board that the Abiel Stevens house, 280 Salem-Strdet, will be considered by the State Review Board for nomination to the National Register of Historical Places. The Board unanimously voted to receive the report. MASS. ART~ COUNCIL DISTRIBUTION: Letter wis received from the Mass~ Arts Lottery Council informing the Board that they are distributing funds and stating that North Andover's share is $2,103. Selectman Joyce made a motion and it was unani,~ously approved to refer it to Jack Virr for his committee's action. RESOLUTION - SPECIAL COMM. ON CONCERNS OF VIETNAM VETERANS: Letter was received from the above-named committee asking the Board to consider passing a resolution to assi.~t the Commission in its POW/MIA Awareness Campaign. The Board unanimously voted to pass the resolution. COMMUNITY DEVF. LOPMENT DIRECTOR'S POSITION: TheBoard unanimously chose Ronald Naylor from Roxbury to fill the Director's position. Selectman Joyce made a motion and it was unanimously approved to fix his salary level at $22,419. Chairman Salisbur~v noted that this is the same salary that the former C.D. Director left at. At the Chairman's suggestwn, the Board agreed to come in on Wednesday night, March 16, to discuss Community Development matters with the new Director if he is available. ACTING COMMUNITY DEVELOPMENT DIRECTOR: The Board~n~r{imouSly voted to put a letter in the Acting C.D. Director; Lisa Ruben's personnel folder stating what an outstanding job she has done and also to re-assign her to the Asst. Director's position at a level of $20,154 effective March 25, 1983. Chairman Salisbury noted that this is by-passing · one step to also help ease the financial aspect of it. PROPOSED SENIOR CENTER ARCHITECTURAL AMENDMENT #3: Lisa Ruben~ Acting Community Development Director, stated that she has several problems with the contract, particularly with the price of the amendment of $18,875 when Randy Jones, City Design, previOusly.stated that it would cost between $15,000 - $16,000. Chairman Salisbury noted that the Board also had several problems with the contract. He feels that it is a large contract dealing with alot of money and feels that unless the Board i} about to take action on it tonight, he would rather set this problem aside until a night they can pull it apart and make a decision. He stated that he is troubled that City Design seems to be acting in the professional attitude that they are an architect who will set the meter running~ whenever they do any work and the Town of North Andover will pay. He noted that with all the problems we have been through, they are not taking any share in the liability. Selectman McEvoy stated that he is also upset that everytime City Design makes a proposal the Town loses more money off the Senior Center. Selectman Dil~ruscio feels the B~ard should talk with other architects. Miss Ruben stated that if the Board was contemplating going with another architect, it would mean going back out to public bid. Selectman Graham noted that City Design has got us because if we go out to bid again, it will be delaying things alot more. At Selectman Joyce's request, Miss Ruben stated that she would explore other alternatives. Both Chairman Salisbury and Selectman Graham feels the Board should wait for the new director because he has had experience in negotiating these situations. Selectman Joyce made a motion and it was unanimously approved to take it under advisement. HOLT ROAD SANITARY LANDFILL SITE - TRANSFER TO STATIC: Jack Albis, N.E. Project Manager of the State~ Solid Waste Office, gave the Town a check for $79,000 for the purchase of the Holt Road Sanitary Landfill where the Mass. l%el Refuse Tech Inc.'s facility will be located. Chairman Salisbury noted that with the $79,000 the State is assuming the liability of closing the landfill site which is going to be around $500,000 to meet environmental standards.