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HomeMy WebLinkAbout1995-01-10 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 10, 1995 CALL TO ORDER: John P. Savastano, Chairman, called the meeting to order at 7:10 PM. ATTENDANCE: The following were present: John P. Savastano, Chairman; Kenneth C. Crouch; Kevin Foley; John Leeman; Donald Stewart; James P. Gordon, Town Manager; Kevin Mahoney, Director of Finance & Administration. COMMUNICATIONS & ANNOUNCEMENTS: The Town Manager discussed the Communications and Announcements with the Board, no action was taken. REQUEST FROM NORTH PARISH CHURCH TO CLOSE ROADWAYS FOR SEVEN DAYS FOR RECORDING OF HOLIDAY MUSIC: Fred Glore of the North Parish Church has requested permission to close off roadways during the following dates and times for the purpose of the Parish recording a compact disc of Holiday Music in celebration of their 350th Anniversary. Thursday, April 20, 1995 - 6:30 PM - 11:00 PM Sunday, April 23, 1995 - 4:30 PM - 11:00 PM Sunday, April 30, 1995 - 12:30 PM - 8:00 PM Thursday, May 4, 1995 - 6:30 PM - 11:00 PM Sunday, May 7, 1995 - 11:00 AM - 5:00 PM Thursday, May 11, 1995 - 6:30 PM - 10:00 PM Sunday, May 14, 1995 - 12:30 PM - 7:00 PM The recommendations from the Town departments were opposed to so many roadways being blocked off during these times. Mr. Glore submitted a second map which decreased the number of streets and distances which were to be blocked off to facilitate this request. John Leeman made a MOTION, seconded by Kenneth Crouch, to approve the second plan submitted by Mr. Glore to block off some roadways in the North Parish Church area with the hope that this does not cause too much disruption and to require that the Church notify the residents of the area that the roadways will be blocked off during the times listed above; vote approved 5-0. BALLOT QUESTIONS - MAY, 1995 SPECIAL ELECTION: May 8, 1995 - Special Election - General Fund Override - The Town Manager discussed the proposed ballot questions for the May, 1995 Special Election for a Prop. 2 1/2 override. Kenneth Crouch made a MOTION, seconded by Kevin Foley, to have a single question in the amount of $ 2,831,500; vote approved 4-1 (John Leeman opposed) . May 22, 1995 - Special Election - Debt Service Override - Kenneth Crouch made a MOTION, seconded by Kevin Foley, to have all projects proposed for this override to be listed as separate questions; vote approved 5-0. It was noted that if the May 8, 1995, election passes, the May 22, 1995 Election will not be needed. PUBLIC HEARINGS: Roadway Acceptances - John Leeman made a MOTION, seconded by Donald Stewart, to open the public hearings for the roadway acceptance warrant articles for the Annual Town Meeting; vote approved 5-0. The following roadways acceptance articles have been presented as warrant articles to be brought before Town Meeting; Anne Road, Scott Circle, Village Way, Meadw000d Road, Spring Hill Road, Hidden Court, Castlemere & Carriage Chase, and Booth Street. Kevin Foley made a MOTION, seconded by Kenneth Crouch, to favorably recommend that the Town accept the following roadways, as public ways; Anne Road, Castlemere, Carriage Chase, Hidden Court, Scott Circle, Village Way, and Spring Hill Road, provided that the following language is part of the MOTION stated at Town Meeting, "That the Town further vote to authorize the Board of Selectmen to acquire by gift property rights necessary to use said street for all purposes for which public ways are used in the Town of North Andover." Bill Hmurciak, Assistant Director, Division of Public Works, discussed with the Board that there are technical issues outstanding with Meadowood and Booth Street. The Town Manager recommended that the Board vote to recommend favorable action at Town Meeting subject to the Petitioner resolving the outstanding issues with Public Works. April 10, 1995 Minutes Page 2. Kevin Foley AMENDED his MOTION to include the favorable recommendation to accept Meadowood and Booth Streets, with the same MOTION at Town Meeting, as indicated above, subject to the petitioner satisfying the requirements of Public Works prior to Town Meeting; Mr. Foley further AMENDED his MOTION to include the language to "lay out the way" in the MOTIONS; vote approved 5-0. Donald Stewart made a MOTION, seconded by John Leeman, to close this public hearing; vote approved 5-0. CLEANING SERVICES UPDATE: George Perna, Director, Division of Public Works, updated the Board on the results of the Cleaning Services Bid. The costs of the bids were in excess of what the Town can afford to pay for a service. George Perna recommends hiring an employee. Kenneth Crouch made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to reject the five bids for Cleaning Services and to authorize the Town Manager to hire someone to fill the position; vote approved (4-1 John Leeman opposed) . TOWN MANAGER SEARCH UPDATE: Martha Larson, Chair, Town Manager Search Committee updated the Board on the search. Mrs. Larson reviewed with the Board the process utilized by the search committee to date. There are only two candidates from the original resume review that are still under consideration. The Committee has submitted additional names of candidates for the Selectmen's review and consideration, and Mrs. Larson urged the Board to begin the interview process immediately. The candidates' names are: Steven Ledoux, Williamstown, Massachusetts; Paul Talbot, Gloucester, Massachusetts; Tom Landry, Carlisle, Massachusetts; Suzanne Kennedy; Nantucket; Massachusetts; and Bruce Clifford; New York. Members of the Search Committee expressed concern that the Board needs to move quickly before more candidates withdraw. John Leeman made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to begin interviews of the new candidates on Friday and Saturday; vote approved 5-0. REVIEW - TOWN MEETING WARRANT: Amendment to Zoning Bylaw - Section 4.136 - Watershed Protection District - Kathleen Bradley Colwell, Town Planner, discussed the proposed Bylaw changes. Kenneth Crouch made a MOTION, to delete the references to the Watershed Council in the amendments; MOTION failed to be seconded. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to favorably recommend this warrant article; vote approved 5-0. Amendment to Zoning Bylaw - Section 4.136.8 (Add Non-Criminal Penalties) - John Leeman made a MOTION, seconded by Kenneth Crouch, to recommend unfavorable action on this article; vote approved 3-1-1 (Donald Stewart opposed and John P. Savastano abstained) . Amend Town Code - Section 1-6 - Non-Criminal Disposition of Violations (Watershed Protection District) - John Leeman made a MOTION, seconded by Kenneth Crouch to recommend unfavorable action on this warrant article; vote approved 3-1-1 (Donald Stewart opposed; John P. Savastano abstained) . Amendment to Zoning Bylaw - Section 7 - Dimensional Requirements - Kevin Foley made a MOTION, seconded by John Leeman, to favorably recommend this warrant article; vote approved 3-2 (Kenneth Crouch and John P. Savastano opposed) . Amend Town Code - Section 1-6 - Non-Criminal Disposition of Violations (Board of Health Violations) - Kenneth Crouch made a MOTION, seconded by John Leeman, to recommend unfavorable action on this warrant article; vote approved 4-1 (Donald Stewart opposed) . Amend Zoning Bylaw - Section 9 - Non-Conforming Uses - Kenneth Crouch made a MOTION, seconded by John Leeman, to favorable recommend this warrant article; vote approved 5-0. Rezoning Articles - 47 Turnpike Street - 57 Turnpike Street - Kenneth Crouch made a MOTION, seconded by John Leeman, to defer making a recommendation until Town Meeting; vote approved 5-0. April 10, 1995 Minutes Page 3. Bear Hill and Sutton Hill Repairs - Authorization to Fund Repairs - Kenneth Crouch made a MOTION, seconded by Kevin Foley, to favorable recommend this warrant article; vote approved 5-0. Lease Agreement for Use and Occupancy of Textile Museum for Municipal Offices - There was considerable discussion regarding this article. Kenneth Crouch discussed his opposition to the moving of the municipal offices from downtown. Mr. Crouch does not believe that moving the municipal offices from Main Street is in the best interest of the Town or Staff. Mr. Leeman stated that he agrees with Mr. Crouch. Kevin Foley made a MOTION, to hold recommendations on this warrant article until Town Meeting; MOTION failed to be seconded. Anne Messina, Business Owner, discussed with the Board her concern that this proposal is being presented too quickly, and that it should be reviewed more before going to Town Meeting. The Town Manager discussed the Board's need to review the proposal and strongly recommended supporting the article. Kenneth Crouch made a MOTION, seconded by John Leeman, to recommend unfavorable action on this article; vote approved 3-1-1 (John P. Savastano opposed, Kevin Foley abstained) . Acquisition for a Youth Center Facility - Renovation and Construction for a Youth Center Facility - Kenneth Crouch made a MOTION, seconded by John Leeman, to favorably recommend both warrant articles; vote approved 5-0. Construction of a Fire Station - Kevin Foley made a MOTION, to hold recommendations on this article until Town Meeting; MOTION failed to be seconded. There was considerable discussion as to whether or not the Osgood Street location would be an appropriate location for the new Station. John Leeman stated that he would support a third station to service the homes out of the downtown area and the Town Manager explained that this article is not to construct a third station. This article is to close the Main Street station, renovate the second station and to construct a new station. Kenneth Crouch made a MOTION, seconded by John Leeman, to recommend unfavorable action on this article; vote approved 4-1 (Kevin Foley abstained) . Acquire by Eminent Domain - Portion of Rea Street - Kenneth Crouch made a MOTION, seconded by John Leeman, to favorably recommend this warrant article; vote approved 5-0. Sewer System Mitigation Fund - This article will be removed from the warrant. Amend Authorization to Borrow - Various Articles - This article will be in the amount of $ 29,000. Kenneth Crouch made a MOTION, seconded by John Leeman, to favorably recommend this article; vote approved 5-0. Establishment of a Facilities Acquisition Reserve Fund - John Leeman made a MOTION, seconded by Donald Stewart, to favorably recommend this article in the amount of $ 2,000,000; vote approved 4-0 (Kenneth Crouch not present) . EMERGENCY OPENING OF WARRANT FOR TECHNICAL CORRECTIONS AND INSERTION OF ARTICLES: John Leeman made a MOTION, seconded by Kenneth Crouch, to open the warrant for emergency purposes for technical corrections and inserting various articles; vote approved 5-0. The Town Manager discussed the following changes which need to be addressed: Report by Committee To Study Annual Town Report and Use of Electronic Bulletin Boards. An article must be submitted allowing the committee another year to complete their study. An article for the Town to consider the acceptance of Osgood and Andover Streets from the Commonwealth of Massachusetts. Rewording of articles in connection with the acquisition of the Youth Center Facility. April 10, 1995 Minutes Page 4. Remove the Proposition 2 1/2 language in the proposed Middle School project, (Board of Selectmen joint article) . Remove the article regarding the Mitigation of the Sewer System. Bear Hill and Sutton Hill Article - Article must be redone to account each reservoir as separate projects. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to accept and approve of the changes, as enumerated by the Town Manager; vote approved 5-0. POLICE DEPARTMENT CONTRACT NEGOTIATIONS UPDATE: The Town Manager informed the Board that the Town has heard from the Joint Labor Management Committee and the mediator assigned to this case. The Town has been advised that the mediator will be rendering an opinion that says seniority shift bidding is not subject to arbitration. EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to move into Executive Session for the purposes of discussing ongoing contract negotiations with employee bargaining units for contracts to begin on July 1, 1995. The Board was individually polled and voted unanimously to move into Executive Session. Melissa Powers, Admin. Secretary