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HomeMy WebLinkAbout1995-07-31 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JULY 31, 1995 CALL TO ORDER: John Leeman, Chairman, called the meeting to order at 6:30 PM. ATTENDANCE: The following were present: John Leeman, Chairman; Kenneth C. Crouch; Kevin Foley; John Savastano;Donald Stewart; James P. Gordon, Town Manager;Kevin Mahoney, Interim Town Manager. LICENSING COMMISSIONERS: John Savastano made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to move into licensing;vote approved 5-0. One-Day License - Creative Catering - August 5, 1995 - Brooks School - John Savastano made a MOTION, seconded by Kenneth Crouch, to grant a one-day all alcoholic license to Creative Catering, Inc., for a Wedding Reception at Brooks School on August 5, 1995,from 7:00 PM to 11:00 PM;vote approved 5-0. CONSERVATION EASEMENT - LONG PASTURE SUBDIVISION: Kevin F. Mahoney, Interim Town Manager, discussed with the Board the proposed easement. According to discussions Mr. Mahoney had with Town Counsel, the granting of this easement prevents future development of the land. The Town is exposed to liability but that liability is covered under the umbrella of the Town's coverage and will not impact the premium. Kevin Foley made a MOTION, seconded by Kenneth Crouch, to approve the acceptance of the Conservation Easement at the Long Pasture Subdivision;vote approved 5-0. POLICE DEPARTMENT MANAGEMENT STUDY: Chief Stanley submitted a memorandum to the Board of Selectmen expressing his views and concerns regarding the proposed management study. The Chief expressed the concern that the purpose of the Management Study is to mask an investigation against the Chief. The Chief stated that he intends to protect the Chief of Police's office. He also expressed concern to having the Massachusetts Municipal Association(the MMA) or an MMA Agent performing the study. Chief Stanley views the management study, as a very valuable tool to the community and does not want it to be tainted. Kevin Foley stated that no allegations or investigation should be paid for separately as part of the management study. Mr. Foley said, "I am not willing to spend any of our public money here in North Andover for something that could be conducted or is already capable of being conducted by another oversight authority"...if any of the allegations have any substance to them, then they should immediately be turned over to the appropriate authorities, and investigated by them because we already pay for this service, as taxpayers". John Leeman discussed the Chiefs memorandum and made the following comments: This process (i.e., management study) was recommended by Town Counsel and supported by the Board. Mr. Leeman stated that he did not get all the documents he requested. He stated that he does not feel that the Police Department Administration should be involved with the RFP development. And, he also stated that there is the facility to perform the investigation to address allegations within the RFP. John Savastano requested to know what the allegations are that will be addressed in the RFP. Mr. Savastano questions the compliance with Chapter 30B (the Uniform Procurement Act),if the RFP does not specify what the allegations are that are to be investigated. John Savastano made a MOTION to remove Bullet#5,Page 10,of the RFP proposed by Town Counsel until the Chairman can provide the Board with exactly what the allegations are and what specifically he is looking for from the management study. Motion failed to be seconded. Chief Stanley expressed his opinion that the list of allegations is absurd,broad, ridiculous,unfounded and will cause turmoil. John Leeman requested permission from Chief Stanley to release the list of accusations. Chief Stanley stated that he believes releasing the list of accusations that Mr. Leeman holds would be damaging to himself, as Chief of Board of Selectmen Minutes July 31, 1995 Page 2. Police and individually. Chief Stanley also stated that if Mr. Leeman's list of accusations was released, he would take action. John Savastano requested that Mr. Leeman release the list of accusations to just him and Mr. Leeman refused. Mr. Leeman stated that he would not give up his "work product" to anyone until Chief Stanley authorizes the release of the list. Chief Stanley stated to Mr. Leeman that the release of that list should be discussed through Town Counsel and the Chief's Counsel. Mr. Savastano then stated that in his opinion, that list of accusations cannot be released to the bidders without the Chief's approval also. John Savastano made a MOTION, seconded by Kenneth Crouch, to table the issue until Mr. Savastano can get a letter from Town Counsel stating why he cannot be advised of the list of allegations; vote failed 2-3 (Kenneth Crouch, Donald Stewart, and John Leeman opposed). Mr. Savastano expressed his opinion that the list should not be provided to the bidders without the Board previously reviewing it and requested to meet with Kevin Mahoney tomorrow to discuss this concern. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to table this issue until Mr. Savastano is able to have the following questions answered by Town Counsel: 1. If Bullet#5,Page 10,is too broad,and 2. If the list of accusations to be addressed in the management study need to be provided specifically in the RFP. Vote approved 3-2 (Kevin Foley and John Leeman opposed). Kevin Foley stated that the Board could move forward with the Management Study if the members decided what to do with the issue of the allegations, whether to include them or drop them from the study. He further stated that the allegations could be resolved by allowing the accusers to come forward with evidence of their accusations. FISCAL YEAR 1996 BUDGET: John Savastano made a MOTION, seconded by Kevin Foley, to request that the Town Manager bring to the Board of Selectmen the FY 96 budgetary recommendations; vote approved 5-0. Kevin Foley discussed with the Board the issue of student safety as related to the lack of busing and sidewalks. Mr. Foley, in particular, cited the area of Route 125/114, Alcott Village,Meadowood I, II, III subdivisions as safety concerns. Mr. Foley asked Acting Interim Manager, Kevin Mahoney how much it would cost to bus all students who live in areas with safety concerns. He suggested perhaps some of the surplus $312,000 could be used for this purpose. UPDATE - TOWN MANAGER SEARCH: John Leeman distributed a letter from William Griffin of Plymouth to attempt to alleviate member concerns over the possible implementation of TQM in North Andover. John Leeman requested that the Board appoint Mr. Griffin from Plymouth, as the Town Manager. The Board took no action on this request. Kenneth Crouch made a MOTION, seconded by John Savastano, that the Board of Selectmen appoint Kenneth R Mahony to the position of Acting Town Manager effective August 21, 1995, and to take action to have this placed on the Special Town Meeting warrant. The following discussions transpired: John Savastano spoke in favor of the appointment since Mr. Mahony stated that he will also continue to assume the responsibilities of Director of Community Development and Services. Mr. Savastano also stated that he supported the candidate from Colorado, Mr. Berlin, but not Mr. Griffin. Mr. Savastano stated that Mr. Griffin only knows Total Quality Management, and he does not believe you can run this Town immediately with TQM;we do not have the ability to fund such a task. Board of Selectmen Minutes July 31, 1995 Page 3. Donald Stewart spoke in favor of the appointment in order to avoid another search. Mr. Leeman spoke against the appointment. He expressed concern that if Town Meeting does not approve the appointment, that there would be serious problems obtaining additional applicants. He also stated that the appointment of Mr. Mahony is undermining the whole Town Manager Search process. Kevin Foley was also opposed to the appointment. He stated that Mr. Mahony was never interviewed, he recruited candidates, he reviewed their responses to questionnaires, and he sat in on their interviews. He also stated he felt that the members of the Board were being dishonest. Mr. Foley expressed his opinion that Mr. Mahony should not have been involved in the search process and that he should have withdrawn from participating in the search process. He also stated that upon seeing Mr. Mahony's name added to the list of candidates to be chosen from finalists, he immediately expressed his opposition to the Chairman. This comment was confirmed by John Leeman. Mike Schena, 102 Hillside Road, expressed extreme opposition to this appointment and requested Mr. Crouch's resignation. Mr. Crouch denied the request to resign. John Leeman resigned, as Chairman of the Board of Selectmen. He stated that since the Board did not follow the Town Manager Search process previously established by the Board, that there is now a credibility problem of the Board. Mr. Foley chaired the remainder of this meeting. Mr. Foley stated that he would only Chair this meeting and would not assume the position of Chairman of the Board. Vote to appoint Mahony; 3-1-1 (Kevin Foley opposed,John Leeman not present). ADJOURNMENT: There being no further business, Donald Stewart made a MOTION, seconded by John Savastano,to adjourn this meeting at 7:30 PM;vote approved 5-0. Kevin Foley, Clerk