HomeMy WebLinkAbout1995-06-26 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 26, 1995
CALL TO ORDER: John P. Savastano, Chairman, called the meeting to order at 7:00 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.
EXECUTIVE SESSION - ECONOMIC TARGET AREA - NEGOTIATIONS WITH CITY OF
LAWRENCE: John Leeman made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to move
into Executive Session for the purposes of discussing contract negotiations with the City of Lawrence relative to the
Economic Target Area proposal. The Board was individually polled and voted unanimously to move into
Executive Session.
No votes were taken in Executive Session. The Board moved into Public Session.
APPROVAL OF MINUTES: May 22, 1995 (6:00 PM) and June 12, 1995 - John Leeman made a MOTION,
seconded by Donald Stewart,to approve the minutes of May 22, 1995, and June 12, 1995;vote approved 5-0.
COMMUNICATIONS & ANNOUNCEMENTS: The Town Manager discussed the communications and
announcements with the Board.
Sims Insurance Claim - John Leeman made a MOTION, seconded by Kevin Foley, to request that Town Counsel
pursue the Sims claim relative to damages to their vehicle received from a falling limb from a tree on Town
property;vote approved 5-0. Previously,this claim was denied by the Town's liability insurance carrier.
Sims Request to Close Beacon Hill Boulevard Gate -John Leeman made a MOTION, seconded by Kevin Foley, to
request that the Traffic Advisory Council review this request and report back to the Board their recommendations;
vote approved 5-0.
License Applications and Renewals and Processing of Pole Petitions - Kenneth Mahony, Director Planning &
Community Services, will report at the July 10, 1995, meeting his recommendations relative to processing license
applications and renewals in his division.
Correspondence from Superintendent of Schools Re: Continental Cable Proposal to Tie into I-NET - The Town
Manager will send the letter from the School Department to the Cable TV Advisory Committee Counsel requesting
advice as to how to proceed. It is unclear if this proposal should be pursued by the Cable TV Advisory Committee
under General Government or by the School Department themselves.
TOWN MANAGER'S ANNUAL REAPPOINTMENTS: Kenneth Crouch made a MOTION, seconded by
Donald Stewart,to confirm the Town Manager's reappointments as follows:
Board of Assessors - Expiring June 30, 1996 - Garrett Boles, Town Hall; George R. Barker, Jr., 1267 Osgood
Street; and Daniel Leonard, 281 Brentwood Circle.
Commission on Disability Issues - Expiring June 30, 1998 - Susan Halloran, IA Devon Court; and Nina
Rauscher, 89 Woodstock Street.
Board of Health-Expiring June 30, 1998 -Gayton Osgood, 139 Osgood Street
Inspectors - Expiring June 30, 1996 - James Diozzi, Plumbing and Gas Inspector; and James Decola,
Electrical/Local Building Inspector
Inspector-Expiring June 30, 1998 -D. Robert Nicetta-Building Commissioner/Inspector
Planning Board-Expiring June 30, 1998 -Alison Lescarbeau, 68 Laconia Circle
Public Works Advisory Committee - Expiring June 30, 1998 - Robert Scanlon, 510 Osgood Street; Joseph
D'Angelo,71 Pembrook Road
Board of Selectmen June 26, 1995 Page 2.
NOT SEEKING REAPPOINTMENT: Richard Hillner, Industrial Development Financing Authority.
BOARD OF SELECTMEN REAPPOINTMENTS: Kevin Foley made a MOTION, seconded by John Leeman,
to confirm the following Selectmen's reappointments as follows. These are all three-year terms expiring June 30,
1998:
Cable TV Committee-Arthur Fundeklian;
Conservation Commission-Walter T. Gangl,Esq.; Joseph Lynch; George Reich
Council On Aging-Adele McConaghy;Eugene Thibodeau
Historical Commission-Anne Erickson; Gerilyn Smith
Recreation Council-Brian Finn; Jay McDonald; Joseph Walsh
Board of Registrars of Voters-Leo Lafond
Youth Services-John Markuns;Brenda Clark
Zoning Board of Appeals-Walter F. Soule;Raymond Vivenzio
Historic District Commission-Kathleen Szyska
These terms are all one-year terms expiring June 30, 1996:
Emergency Management Agency - John Coco, Director; John Lyons; Joseph Sullivan, Jr.; Richard Slade;
Jeffrey Coco; Richard Boettcher; Evelyn Coco; Leonard Somers; Fire Chief William V. Dolan; Police Chief
Richard M. Stanley.
Auxiliary Police - Richard Boettcher; Ryan Roche; Raymond MacLean; Jay Staude; James Roche; C. Susan
Northam; and Gregory Phair.
The following are not seeking reappointment:
Cable TV Committee-Ralph Joyce,Esq.
Conservation Commission- Silvie Rice(Associate Member)
Council on Aging-John Lyons
Historic District Commission-Noel Hayes
Local Arts Council-Joyce Toye
Town Report Committee-Karen Robertson
TRAFFIC ADVISORY COUNCIL APPOINTMENT: Kevin Foley made a MOTION, seconded by John
Leeman,to appoint Sandra Monroe, 26 Magnolia Drive,to the Traffic Advisory Council;vote approved 5-0.
FIRE STATION SITE SELECTION COMMITTEE: The Town Manager discussed with the Board the
appointment of a Fire Station Site Selection Committee to be comprised of two members of the Board of
Selectmen, one member of the Planning Board, one member of the Finance Committee, Chief Dolan, John
McGuire, and Dana Fisher. After some discussion,the following votes were taken:
Kenneth Crouch made a MOTION to not appoint a committee at this time. Mr. Crouch stated that Kenneth
Mahony will be submitting a plan and a report for the use of the Town Hall facility and that this proposed
committee is not necessary until that report is received. This motion failed to be seconded.
Kevin Foley made a MOTION, seconded by John Leeman, to form the committee as recommended by the Town
Manager;vote approved 3-2 (Kenneth Crouch and Donald Stewart opposed). Kevin Foley will represent the Board
on this committee. No other members of the Board volunteered to serve on this committee.
PERSONNEL -Ratification of Transfer of Officer Shawn Conway from the North Andover Police Department to
the Lawrence Police Department - Kenneth Crouch made a MOTION, seconded by Donald Stewart, to ratify the
Board of Selectmen June 26, 1995 Page 3.
Board's previous verbal vote to approve the transfer of Officer Shawn Conway from the North Andover Police
Department to the Lawrence Police Department to be effective July 1, 1995;vote approved 5-0.
PERSONNEL BYLAW ADJUSTMENT: The Chairman stepped down and left the room during this discussion.
Kenneth Crouch made a MOTION, seconded by Donald Stewart, to authorize the Town Manager to adjust
Personnel Bylaw employee's compensation during FY 96 on the employee's anniversary date, subject to a
satisfactory performance appraisal;vote approved 4-0-1 (John P. Savastano not present).
INTERIM TOWN MANAGER COMPENSATION ADJUSTMENT: Kenneth Crouch made a MOTION,
seconded by Kevin Foley; to approve the proposed compensation adjustment for the interim Town Manager; vote
approved 4-1 (John Leeman opposed). The compensation adjustment for the Interim Town Manger will be a salary
of$ 1,495.89 per week and an automobile allowance of$250.00 per month.
PERSONNEL ADMINISTRATION: Kenneth Crouch made a MOTION, seconded by Donald Stewart, to
approve the change in the job description of the Permits Manager to also include the job of Personnel Manager;
vote approved 5-0.
WALK FOR ELDERS: Kevin Foley made a MOTION, seconded by Donald Stewart, to approve the request by
the Merrimack Valley Elder Services to hold the annual Walk-for-Elders on October 1, 1995, at 10:00 AM; vote
approved 5-0.
PORSCHE CLUB OF AMERICA - REQUEST TO USE OLD CENTER COMMON: John Leeman made a
MOTION, seconded by Donald Stewart, to approve the request of David Weber, Porsche Club of America to hold
its Concours D'Elegance event at the North Andover Old Center Common on Sunday, August 27, 1995, at the Old
Center Common; vote approved 5-0. The Board requested that Mr. Weber contact Bill McEvoy, Recreation
Director, to coordinate the concert and the Porsche show which will be taking place at the Common on the same
day.
SALE OF SURPLUS PROPERTY - DIVISION OF PUBLIC WORKS: Kevin Foley made a MOTION,
seconded by Kenneth Crouch, to grant permission to the Division of Public Works to dispose of surplus property in
accordance with the provisions of the North Andover Bylaw, Chapter 61, Paragraph 61-1 and Massachusetts
General Laws Chapter 30B (Procurement);vote approved 5-0.
REORGANIZAITON OF THE BOARD: Chairman - John Savastano passed the gavel to John Leeman and
made a MOTION, seconded by Kevin Foley, to nominate John Leeman as the Chairman of the Board to be
effective July 1, 1995;vote approved 5-0.
Kenneth Crouch made a MOTION, seconded by John Leeman, to nominate Donald Stewart, as Chairman of the
Licensing Commissioners, and Kevin Foley as Clerk of the Board;vote approved 5-0.
GENERAL OBLIGATION BONDS - AUTHORIZATION TO ACCEPT PRICING: John Leeman made a
MOTION, seconded by Kenneth Crouch, to accept the pricing of the $ 5,303,000 General Obligation Bonds from
the period of June 15, 1995,to June 15, 2015, at a true interest cost of 5.5547%;vote approved 5-0.
TOWN TREASURER - AUTHORIZATION TO RENEW SHORT-TERM OBLIGATIONS DUE
JUNE 30, 1995: Kenneth Crouch made a MOTION, seconded by Kevin Foley,to authorize the Town Treasurer to
renew a State Aid Anticipation Note from June 13, 1995, to December 13, 1995 in the amount of$ 17,175.00 at a
rate of 4.24%; and a Bond Anticipation Note in the amount of$70,000.00 dated June 30, 1995, due January 26,
1996, at a rate of 4.31%;vote approved 5-0.
TOWN TREASURER - AUTHORIZATION OF TOWN TREASURER TO BORROW REVENUE
ANTICIPATION NOTES: Kenneth Crouch made a MOTION, seconded by Kevin Foley, to authorize the Town
Board of Selectmen June 26, 1995 Page 4.
Treasurer to borrow$ 500,000 in Revenue Anticipation Notes due June 21, 1995, and maturing June 30, 1995, at a
rate of 5.65%payable to Fleet Bank;vote approved 5-0.
MAIN STREET PARKING LIMITS: Richard Stanley, Chief of Police, discussed with the Board of Selectmen
the Police Department's recommendation to limit parking spots to one-half hour in front of the furniture store on
Main Street from 9:00 AM to 7:00 PM. John Leeman made a MOTION, seconded by Donald Stewart, to approve
the recommendations of the Police Department to limit the parking on Main Street, as stated above;vote approved
5-0.
FY 96 STATE AID: The Town Manager informed the Board that the State Aid certification will be coming in
some time within the neat week. This will be on the neat Board of Selectmen's agenda.
CONTINUING DISCUSSION OF TOWN MANAGER'S RECOMMENDATION RE: NORTH ANDOVER
PATROLMEN'S ASSOCIATION LETTER OF JANUARY 22, 1995: The Town Manager read the following
memorandum of his recommendations to the Board of Selectmen for the record:
The Board of Selectmen at their meeting of June 12, 1995, voted to continue without a finding
for ten days the adoption of the Town Manager's recommendation in connection with the
above referenced matter and requested that if there is any additional information to he
provided that it he provided to a member of the Board of Selectmen within two weeks. I have
not received any additional information or substantiated evidence in connection with the
assertions in the above referenced patrolmen's letter, and accordingly, I recommend that the
Board of Selectmen vote to adopt my recommendations, as outlined in my memo to the Board
dated June 12, 1995.
Additionally, I recommend that the Board instruct the Town Manager to include as an
additional scope of work, in the engagement for the Town's annual fiscal audit, services
relating to the review of internal record keeping associated with police time recording. If the
auditors deem it advisable, they will make appropriate recommendations in connection with
enhancing internal control over employee time keeping. Further,I recommend that the Board
of Selectmen authorize the Town Manager to solicit the assistance of Town Counsel in
preparing a proposal to define a scope of services associated with departmental management
studies. This proposal should he generic in form because it will he used for the Police
Department, as well as other operating divisions within Town Government.
At our meeting on Monday evening, I will he glad to discuss these recommendation with you
at greater length.
John Leeman made the following MOTIONS, seconded by Kevin Foley: As per Town Counsel's
recommendations, no further action should be taken on the issue brought forward regarding the Governor's
Highway Grant Program;vote approved 5-0.
And further MOVED that as per Town Counsel's recommendation, no further action should be taken on any other
remaining allegations until a full review, as to their credibility, can be conducted. To this issue, Mr. Leeman also
requested that the Board of Selectmen allow him to work with Town Counsel and bring back to the Board in one
month a proposal or proposals to deal with the remaining issues. Mr. Leeman stated that if he has the Board's
consent, in order to do this, he will need full cooperation from Town Counsel and Staff.
John Savastano requested a clarification of the motion by requesting an explanation of what the"remaining issues"
are. Mr. Leeman stated that the remaining issues are"every other issue that has ever been mentioned,that has not
been resolved." Chief Stanley asked if there have been any further or new accusations. Mr. Crouch stated that he
believes that there are further accusations,but nothing new since the letter of January 22, 1995.
Board of Selectmen June 26, 1995 Page 5.
Vote Approved 4-0-1 (John Savastano abstained. Mr. Savastano stated that he abstained because it is unclear to
him what the remaining issues are and his request for a clarification of the "remaining issues" did not state what
the remaining issues are.) The Town Manager advised the Board that caution must be used, if they wish to
continue this inquiry. He expressed concern that continuation of this inquiry may create the perception of a"witch
hunt"that would be damaging to the Board and the Police Department.
The Board took no action relative to the Town Manager's recommendations.
EXECUTIVE SESSION: John Leeman made a MOTION, seconded by Kevin Foley, for the Board of Selectmen
to move into Executive Session for the purposes of discussing contract negotiations with the Clerical Union and the
Library Professionals;the Board was individually polled and unanimously agreed to move into Executive Session.
While in Executive Session, the Board of Selectmen voted to ratify the Clerical Union and Professional Librarian's
Association contracts.
Melissa Powers, Admin. Secretary
John R. Leeman, Jr., Clerk