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Board of Selectmen Minutes 07/09/07
Meeting called to order at 6:15 P.M. at Town Hall.

Present   Elizabeth A. Gorski, Donald N. Greaney and William H. Darke, Chairman

Eagle Scout Project Request
Jason Sample of Scout Troop #87 met with the Board to discuss his idea for a project that he needs to work toward him becoming an Eagle Scout.  Jason told the Board he read about the Selectmen walking the addressStreetCenter Street side of Johnson’s Pond and viewed the area with his Dad.  He thought he could clean up the parking area on addressStreetCenter Street and would like to make a picnic area with a camp grill available to those who use the pond; that because the parking area on land owned by the City of placeCityHaverhill, Jason met with Robert Ward, of placeCityHaverhill’s Treatment Plant and discussed his ideas with him.  Jason told the Board Ward was in favor of Jason’s proposal.  Jason told the Board that if he cleared the parking lot it would accommodate four vehicles wide, two rows deep.  Jason also proposed clearing the path to the pond that is across from the parking area, make it wider, put down mulch, and add trash cans.  The Selectmen praised Jason for his ideas, telling him that he will also be helping out the neighbors.  Selectmen also advised Jason to check with Conservation as to any requirements they might have because he will be working around the pond.  

Moved Gorski, seconded Darke, and it was unanimously

VOTED:   To approve the request of Jason Sample to clean the former
                  parking lot near Johnson’s Pond on addressStreetCenter Street in order to
                  make parking for two rows of four vehicles, clear and
                 widen the path across from the parking area in order to allow
                 boaters to carry their boats to the pond, and provide a
                 camp grill and trash barrels at the site; that the project will
                  assist him in achieving Eagle Scout status.  

Joint appointment with Cemetery Commissioners
The Board met with the two remaining Cemetery Commissioners for the purpose of interviewing two candidates to fill the vacancy on the Commission until the next Annual Town Election.  The two applicants were Edward Reed, a long time resident and 50 year  town volunteer, and William Dunn, resident and owner of Dunn Landscaping.  Dunn had ran for the position a year ago and told the Board he planned on running next May whether appointed this evening or not.  Reed told the Board that Commissioners Sciacca and Cotton had asked him to apply for the position and that he will decide at a later date whether he will run for the position next May.  Dunn told the two groups that his expertise in landscaping will help make placePlaceNameRiverview PlaceTypeCemetery a place we all can be proud of.  The Board thanked both candidates for coming forward, and upon motion duly made by Gorski, seconded by Greaney, it was

VOTED:   To appoint William Dunn to fill the vacancy on the
                  Cemetery Commission, said appointment effective
                  immediately through the next Annual Town Election.

                  GORSKI, GREANEY, DARKE – “AYE”
                  SCIACCA, COTTON – “NAY”

Selectman Gorski asked the Commissioners about the ability of their new Superintendent to work full-time whereas he retired from placeCityMethuen; that it is her understanding that a retired municipal worker is only allowed to work 960 hours a year if they work at another government position.  The Commissioners told the Selectmen that their employee has assured them that he will receive a waiver to be able to work full time.

Approval of Warrants
Moved Gorski, seconded Greaney, and it was unanimously

VOTED:    To approve Warrants #07-52-A, #07-53, & #07-54 and #08-01 .

Bond Anticipation Note
Moved Gorski, seconded Greaney, and it was

VOTED:   That all action taken by the Town Treasurer in advertising for public sale of the $1,123,000 Bond Anticipation Note No. R-1 (the “Note”) of the Town, issued in anticipation of bonds and authorized pursuant to Chapter 44, Sections 7, 8, and 16 of the Massachusetts General Laws, as amended and supplemented, and by votes of the Town duly adopted, as described in Exhibit A, which by reference thereto is hereby incorporated in and made a part of this vote and the minutes of the meeting (“Exhibit A”), and in that connection, preparing and distributing a Notice of Sale and Preliminary Official Statement dated June 20, 2007, be and hereby is ratified, confirmed, approved and adopted;

That the Note shall be dated as of July 13, 2007, shall mature on July 11, 2008; that the Note shall be subject to the provisions of this vote, shall be in such form, of such denomination and contain such other details as the Town Treasurer and a majority of the Board of Selectmen shall determine and approve by their execution of the Note;

That the Note is a consolidated issue of the bonds described in Exhibit A;

That the Note shall originally be issued by means of a book-entry system evidencing ownership and transfer of the Note; and in the event of failure or termination of the book-entry system, U.S. Bank National Association shall issue replacement notes in the form of fully registered certificates and shall act as Transfer Agent and Paying Agent therefor;

That the Note shall not be subject to redemption prior to its stated maturity date;

That the Note shall bear interest payable at maturity and is hereby sold and awarded as follows:

Purchaser               Note No.        Amount  Interest Rate           Premium

Eastern Bank            R-1             $1,123,000      4.00%                   $1,362.44

That the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to
execute and deliver a Material Events Disclosure Certificate generally as described in the
official statement relating to the Note and to incorporate by reference thereto in the Note
such Certificate both in such form as the Treasurer may approve by his execution thereof,
and the obligation of the Town contained in such certificate is hereby approved and
confirmed;

That the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are, and each of them severally is, authorized to take such action, and to execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote;
and that the Town Treasurer is hereby authorized to prepare and deliver the Note to the aforesaid purchaser or order against payment in full of the agreed purchase price.

Complaint -Planning Board
Town resident Fred Parker was present and told the Board that the Planning Board had asked him to supply an as-built plan for his property where he built his daughter a home off addressStreetMain Street.  Parker told the Selectmen that the Planning Chairman now is asking him to move the lot line so there will be 150’ frontage on the road (which is the driveway for his daughter’s home and has never been a road).  Parker and James Dole of the Zoning Board told the Board that the Zoning Board granted Parker the necessary variances he needed over three years ago.  Parker told the Board that the property has a mortgage and he cannot afford to hire an attorney to deal with the Planning Board.  Parker told the Board he has no intention of moving the lot line for the Planning Chairman.  Chairman Darke apologized to Parker but told him that the Selectmen can not handle his concerns this evening because they have another appointment regarding complaints against the Planning Board and that Town Counsel is present to give his opinion.  Parker left the meeting room.

Common Victualler Licenses
Health Agent Edward Gallagher presented the Board with twenty (20) Common Victuallers Licenses he had prepared for their approval and signatures.  Moved Greaney, seconded Gorski, and it was

VOTED:   To sign the Common Victualler Licenses prepared by
                  Health Agent Edward Gallagher for 2007-2008, a copy
                  of said Licenses are attached hereto and made a part of
                  these Minutes.

Town Counsel and Planning Board re addressStreetStonebridge Road Lots
The Board met with Planning Board members Walter Sorenson, Robert O’Hanley, James Freer and Carol Gist, and Town Counsel Joel Bard.  Moved Gorski, seconded Greaney, and it was unanimously

VOTED:   To enter into Executive Session in accordance with the
                 provisions of MA General Laws, Chapter 32, Section 23B,
                 subsection (3) for the purpose of discussing strategy regarding
                 the issues/complaints from residents of addressStreetStonebridge Road.

                 GORSKI, GREANEY, DARKE – “AYE”

The Selectmen entered Executive Session at timeHour19Minute107:10 P.M. stating that they will return to Open Session for the sole purpose of adjourning the meeting.  Executive Session closed at 9:55 P.M.  
           
Adjournment
There being no further business to come before the Board, moved Greaney, seconded Gorski and it was

VOTED:   To adjourn.
                 Adjourned at 9:57 P.M.

Respectfully submitted,
Nancy Lewandowski
Administrative Assistant