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HomeMy WebLinkAboutCHANREQS BOARD OF SELECTMEN EXTRACTED BOARD OF SELECTMEN MINUTES JULY 31, 1995 Transcript POLICE DEPARTMENT MANAGEMENT STUDY: 7131195 Transcript of Kevin Foley - For the record I have no reservations about `s involvement with this management study at all should there be a successful bidder. My one reservation, I have changed my opinion somewhat, the so called allegations of which I have seen one letter back in the end of May and I think on further review by me Mr. Chairman that ought not have any place and I do not see it alluded to in here, and I think if there are any so called allegations against the Police Chief or anybody in the Police Department of wrongful doings they should not be part of this so called Management Study. Kevin Foley -I do not think the taxpayers of North Andover ought to pay one cent to something that could be done for free should these charges be brought forward to the appropriate oversight authority. Leeman and Savastano discussed the release of the list of allegations by Leeman. Chief Stanley refused to allow the list to be released Kevin Foley - Before you vote on that I would like to see the board get to another matter and that is whether or not they want allegations, so called allegations, involved with this RFP for a Management Study at all because as I said 15 minutes ago that I am not willing to spend any of our public money here in North Andover for something that could be conducted or is already able to be conducted by another oversight authority, and....if these allegations have any substance to them, then they should be turned over to the appropriate authority and investigated because we are already paying for that as taxpayers. So I just think that putting an RFP on the streets an asking the citizens of North Andover to spend public money to do something that may already have an oversight authority to look into is a waste of money so would be willing to make a motion to go ahead with the Management Study the so called allegations if we could agree as a board to be involved with that RFP at all rather than waiting a week to see if Town Counsel.. Kenneth Crouch spoke to the effect that Town Counsel has already been requested to address Savastano's concerns. Kevin Foley - Well certainly I have one selectman to my left here, Selectman Crouch, who has serious reservations for an item on page six of this RFP and we can come to a speedy resolution if we agree as a board to drop the so called allegations from the Management Study. If we are not willing to do so, then so be it but for one am. John Leeman- Then what to you want to do with those allegations? Kevin Foley - I suggest turning them over or letting the individuals who have made them to come forward and then give it to the appropriate oversight authority. Chief Stanley spoke. Kevin Foley -As I stated previously Chief,I do not go back to January 22 or whatever these were first brought to the attention of the Board, I go back to May 26 when I first saw a letter and I have had enough of it and I do not want to wait another week. So I think the Board ought to decide whether they want the so called allegations as part of this RFP Management Study, or not. I for one don't. Board of Selectmen Minutes July 31, 1995 Page 2. Chief Stanley spoke. FISCAL YEAR 1996 BUDGET: Kevin Foley Transcript of 7131195 - Kevin, One of the things that has come to my attention recently in the Town is that in terms of busing students as has been well publicized in the newspapers and the School Department has allotted their budget for the year and we have many new developments in Town that are within the so-called 1 112 miles policy that we have, and I think that public policy flies in the faces of these children. Particularly where we have their access to a school, that is they're walking routes to the school does not have sidewalks, and I think that serious consideration in the long-term and I know that the Traffic Advisory Council is going to look at this issue ought to be given to either in the short-term busing those children that are in an extreme safety hazard in the areas, and I speak specifically in areas around Route 114 and the Meadowood III area where they have to cross 114 and actually their walking route would be down Hillside Road down Chestnut Street which is far greater than the mile policy that we have. The alternative route would be along Route 114 obviously there are no sidewalks there. So I think it presents a predicament to the parents as well as the Town as a public policy matter and I hope that would be considered and I intend to have a conversation myself with the Superintendent of Schools and the Chairman of the School Committee. The problem is that the Town has a lack of sidewalks around playgrounds and schools, those routes that children would normally walk to get to school. So whether it is a matter of taking a look at the planning process and charging impact fees in the long run to developers who come into Town and using our money appropriately on the short-term busing those children or providing school crossing guards to make sure that they safely arrive at school I think that ought to be looked at. UPDATE - TOWN MANAGER SEARCH: Transcript of 7131195 - Kevin Foley - With all due respect I will say something now Mr. Crouch. This has been a bag job since day one. Mr. Mahony did not even interview for this job and to have him involved in the selection process, recruiting candidates and sitting in on the interviews and to offer his name as the next Town Manager is disgusting and is something I will have no part of. Thank you. Mike Schena spoke. Kevin Foley - You call it fair Mr. Crouch that Mr. Mahony was able to sit in on the other interviews of the other candidates, was never interviewed himself, and for now him to be considered a candidate for this position? I don't think so, I would suggest that if he wanted to be a candidate for the Town Manager's job perhaps he should have left his spot as the Director of Community and Planning Services, which by the way,for the press to know, I think he has done an excellent job in that slot, and I am happy to have him in that position, but this definitely was a bag job. You are being considerably dishonest about that. )Kenneth Crouch Spoke. Kevin Foley -I think it is the opinion, if you polled this room I think 9 out of 10 people in this room would suggest to you that this was a bag job. Kevin Foley-I will respond to something Mr. Stewart said I think it is false pretenses... maybe it was not a bag at that point but from the moment that Mr. Mahony got involved in this, if he wanted to be a candidate he should have withdrawn from the process. To have him out recruiting candidates, and Board of Selectmen Minutes July 31, 1995 Page 3. then sitting in on the interviews which we allowed as a Board by the way and then all of a sudden to bring his name forward..I don't know what else to call it but a bag job. John Savastano spoke. Kevin Foley - You call it fair process? You call it a fair process when you have someone in charge of recruiting candidates then all of a sudden appears as a candidate? You know I didn't... when never even interviewed him, we do not know about his availability, he was never an official candidate, I expressed my reservations to Mr. Leeman when I saw his name on the list and I am going to tell you right now, I do not know what else you can call it but a bag job because the process has been violated We are not suggesting anything about his professional experience or his ability to do the job in the past. We are talking about the process we have before us, and I am telling you right now. Various individuals spoke against the process utilized Mike Schena spoke again. Kenneth Crouch and Donald Stewart spoke. Leeman resigned as chairman and left. Vote to appoint Mahony passed Melissa Powers, Admin. Secretary Kevin Foley, Clerk Board of Selectmen Minutes July 31, 1995 Page 4. BOARD OF SELECTMEN MINUTES AUGUST 7, 1995 CALL TO ORDER: Kevin Foley, Acting Chairman, called the meeting to order at 7:30 PM. ATTENDANCE: The following were present: Kevin Foley, Acting Chairman; Kenneth C. Crouch; John Leeman; J. Savastano; Donald Stewart; Kevin Mahoney, Interim Town Manager. APPOINTMENT OF INTERIM TOWN MANAGER: Kevin Foley, Acting Chairman, passed the gavel to Donald Stewart. Kevin Foley made a MOTION, seconded by John Leeman, to reconsider the vote taken on July 31, 1995 and dissolve Kenneth Mahony, as Interim Town Manager, effective August 21, 1995, and re-appoint Kevin Mahoney, as Acting Interim Town Manager; vote failed 2 to 3 (Kenneth Crouch, John Leeman, Donald Stewart opposed). Donald Stewart returned the gavel to Kevin Foley. 8/25/95 -changes requested by Foley to 8/7/95 Minutes 8125195 Changes - I would like the record to reflect that I gave three reasons why under that first Paragraph, Kevin Foley passed the gavel down to Donald Stewart, Kevin Foley made a motion seconded by John Leeman to reconsider the vote taken on July 31, 1995, to dissolve Kenneth Mahoney as Interim Town Manager effective August 21, 1995, and reappoint Kevin Mahoney as Acting Interim Town Manager, the vote failed 2 - 3. I would like to reflect that upon discussion, that I said for the record and it should be reflected in the record I gave three reasons: 1. I wanted to see Mr. Leeman return as our Chairman 2. I received a number of calls from people who have lived in this community for a long time who are 100% against the way Mr. Mahony's name was brought forward 3. That I stated publicly that I would not support Mr. Mahony, his candidacy as,for a Town Manager and I would not be persuaded by an affirmative vote of Town Meeting to do so having gone to Town Meeting and watched things sail through Town Meeting that I supported only to see them fail at the ballot box 75125. That should be reflected in the minutes. ELECTION OF CHAIRMAN OF THE BOARD OF SELECTMEN: Kevin Foley read an official letter of resignation from John Leeman, dated August 7, 1995, resigning as Chairman of the Board of Selectmen, effective July 31, 1995. John Savastano made a MOTION, seconded by Donald Stewart, to re-elect John Leeman, as Chairman. All Board members urged John Leeman to re-consider his Chairmanship. MOTION was tabled until next week to give John Leeman time to think about the MOTION. APPROVAL OF MINUTES: July 10, 1995 - John Savastano made a MOTION, seconded by John Leeman,to approve the minutes of the July 10, 1995, meeting as amended, vote approved 5-0. July 24, 1995 - Kenneth C. Crouch made a MOTION, seconded by Donald Stewart to approve the minutes of the July 24, 1995, meeting as amended; vote approved 5-0. COMMUNICATIONS & ANNOUNCEMENTS: Kevin Mahoney, Interim Town Manager, discussed the following Communications and Announcements: A. Memorandum from Lt. Glenn Annson, re: Security at Stevens Pond Bathing Beach; B. Department of Education - FY `96 State Construction List - North Andover Middle School; C. Letter from the Massachusetts Municipal Association regarding Board of Selectmen Minutes July 31, 1995 Page 5. Streamlining Municipal Government; D. Memo from Kenneth Mahony, re: Traffic Safety Committee; E. Letter from Nynex, re: Enhanced 9-1-1. PUBLIC HEARINGS: Petition 4813 (New England Telephone &Telegraph Company) -Turnpike Street - 130 Feet of Underground Conduit /New England Telephone & Telegraph Company and Massachusetts Electric Company Joint Petitions 413-53/317 - Boston Street 3 Feet of Underground Conduit and Petition #V 53/372-A - Andover Bypass & Turnpike Street Place Five Poles and Remove One Pole - John Savastano made a MOTION, seconded by Donald Stewart, to approve Petitions 4813, 413-53/317; and 4V53/372-A; vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Kenneth C. Crouch, for the Board of Selectmen to move into Licensing; vote approved 5-0. Stevens Estate at Osgood Hill - One Day Wine & Malt License - John Hancock Insurance Barbecue - August 11, 1995 - Donald Stewart made a MOTION, seconded by Kenneth C. Crouch,to grant a one-day Wine & Malt License to Paula Fanning, Director, Stevens Estate at Osgood Hill for a barbecue for John Hancock Insurance Co. on August 11, 1995, 12:00 noon to 6:00 p.m.; vote approved 5-0. Stevens Estate at Osgood Hill - One Day Wine & Malt License - Moody Kavanaugh Insurance Outing= August 12, 1995 - Donald Stewart made a MOTION, seconded by Kenneth C. Crouch,to grant a one-day Wine & Malt License to Paula Fanning, Director of Stevens Estate at Osgood Hill for an outing for Moody Kavanaugh Insurance on August 12, 1995, 12:00 noon to 6:00 p.m.; vote approved 5-0. Donald Stewart made a MOTION, seconded by Kenneth C. Crouch, to move back into regular session; vote approved 5-0. SIDEWALK CONSTRUCTION: George Perna, Director of Public Works, addressed the Board of Selectmen, re: Construction of Sidewalks - Sargent School Area. Sidewalks to be completed are as follows: Abbott Street from Marbleridge to Rea, which will be paved and widened and a sidewalk installed; from Rea to North Cross the developer of Abbott Village is scheduled to build sidewalks, when installing a sewer in the street; from North Cross to Salem on Abbott Street, some land taking is necessary to accommodate a new sidewalk and therefore won't be built this year. Mr. Perna feels completion date of sidewalks could be two weeks from all approvals in place. SENIOR TAX RELIEF PROGRAM: Kevin Mahoney, Interim Town Manager, will coordinate with Kathleen Gorman, Director, Council on Aging, to get the Senior Tax Relief Program underway. Dr. George I. Blaisdell, Superintendent of Schools, has offered to train applicants in data entry. SPECIAL TOWN MEETING SCHEDULED: Kenneth Crouch made a MOTION, seconded by John Leeman, to schedule a Special Town Meeting for Saturday, September 30, 1995, at 10:00 a.m., subject to availability of the Town Moderator; vote approved 5-0. SPECIAL TOWN MEETING - OPEN WARRANT: Kenneth C. Crouch made a MOTION, seconded by John Leeman, to officially open the Warrant for the Special Town Meeting on September 1, 1995; vote approved 5-0. POLICE DEPARTMENT MANAGEMENT STUDY: Kevin Mahoney, Interim Town Manager discussed with the Board two concerns raised by Selectmen Savastano with regard to the proposed RFP as Board of Selectmen Minutes July 31, 1995 Page 6. drafted: 1. Availability of information on so called list of allegations. Will Board provide that list to successful bidder of RFP; 2. How can we issue an RFP that doesn't include those matters that the Board would specifically like to look at. There are two references in the RFP (page 6 and page 10) that go beyond the Basic Management Study. However, any additional information that is going to be provided within the scope of services will require a vote of the Board. This will give the Board an opportunity to go over the final correspondence that will be going to the firm doing the study. John Leeman made a MOTION, seconded by Donald Stewart,to go forward with the RFP as written; vote approved 5-0. ADJOURNMENT: Donald Stewart made a MOTION, seconded by John Leeman, to adjourn at 8:30 p.m.; vote approved 5-0. Jodie Kasabuski, Recording Secretary Clerk Board of Selectmen Minutes July 31, 1995 Page 7. BOARD OF SELECTMEN EXTRACTED BOARD OF SELECTMEN MINUTES JULY 31, 1995 POLICE DEPARTMENT MANAGEMENT STUDY: 7131195 Transcript of Kevin Foley - For the record I have no reservations about `s involvement with this management study at all should there he a successful bidder. My one reservation, I have changed my opinion somewhat, the so called allegations of which I have seen one letter hack in the end of May and I think on further review by me Mr. Chairman that ought not have any place and I do not see it alluded to in here, and I think if there are any so called allegations against the Police Chief or anybody in the Police Department of wrongful doings they should not he part of this so called Management Study. Kevin Foley -I do not think the taxpayers of North Andover ought to pay one cent to something that could he done for free should these charges he brought forward to the appropriate oversight authority. Leeman and Savastano discussed the release of the list of allegations by Leeman. Chief Stanley refused to allow the list to he released. Kevin Foley-Before you vote on that I would like to see the hoard get to another matter and that is whether or not they want allegations, so called allegations, involved with this RFPfor a Management Study at all because as I said 15 minutes ago that I am not willing to spend any of our public money here in North Andover for something that could he conducted or is already able to he conducted by another oversight authority, and....if these allegations have any substance to them, then they should he turned over to the appropriate authority and investigated because we are already paying for that as taxpayers. So I just think that putting an RFP on the streets an asking the citizens of North Andover to spend public money to do something that may already have an oversight authority to look into is a waste of money so would he willing to make a motion to go ahead with the Management Study the so called allegations if we could agree as a hoard to he involved with that RFP at all rather than waiting a week to see if Town Counsel.. Kenneth Crouch spoke to the effect that Town Counsel has already been requested to address Savastano's concerns. Kevin Foley - Well certainly I have one selectman to my left here, Selectman Crouch, who has serious reservations for an item on page six of this RFP and we can come to a speedy resolution if we agree as a hoard to drop the so called allegations from the Management Study. If we are not willing to do so, then so he it but for one am. John Leeman- Then what to you want to do with those allegations? Kevin Foley-I suggest turning them over or letting the individuals who have made them to come forward and then give it to the appropriate oversight authority. Chief Stanley spoke. Kevin Foley -As I stated previously Chief, I do not go hack to January 22 or whatever these were first brought to the attention of the Board, I go hack to May 26 when I first saw a letter and I have had enough of it and I do not want to wait another weep So I think the Board ought to decide whether they want the so called allegations as part of this RFP Management Study, or not. I for one don't. Chief Stanley spoke. FISCAL YEAR 1996 BUDGET: Kevin Foley Transcript of 7131195-Kevin, One of the things that has come to my attention recently in the Town is that in terms of busing students as has been well publicized in the newspapers and the School Department has allotted their budget for the year and we have many new developments in Town that are within the so-called 1 112 miles policy that we have, and I think that public policy flies in the faces of these children. Particularly where we have their access to a school, that is they're Board of Selectmen Minutes July 31, 1995 Page 8. walking routes to the school does not have sidewalks, and I think that serious consideration in the long-term and I know that the Traffic Advisory Council is going to look at this issue ought to he given to either in the short-term busing those children that are in an extreme safety hazard in the areas, and I speak specifically in areas around Route 114 and the Meadowood III area where they have to cross 114 and actually their walking route would he down Hillside Road down Chestnut Street which is far greater than the mile policy that we have. The alternative route would he along Route 114 obviously there are no sidewalks there. So I think it presents a predicament to the parents as well as the Town as a public policy matter and I hope that would he considered and I intend to have a conversation myself with the Superintendent of Schools and the Chairman of the School Committee. The problem is that the Town has a lack of sidewalks around playgrounds and schools, those routes that children would normally walk to get to school. So whether it is a matter of taking a look at the planning process and charging impact fees in the long run to developers who come into Town and using our money appropriately on the short-term busing those children or providing school crossing guards to make sure that they safely arrive at school I think that ought to he looked at. UPDATE - TOWN MANAGER SEARCH: Transcript of 7131195-Kevin Foley - With all due respect I will say something now Mr. Crouch. This has been a bag job since day one. Mr.Mahony did not even interview for this job and to have him involved in the selection process, recruiting candidates and sitting in on the interviews and to offer his name as the next Town Manager is disgusting and is something I will have no part of. Thank you. Mike Schena spoke. Kevin Foley - You call it fair Mr. Crouch that Mr.Mahony was able to sit in on the other interviews of the other candidates, was never interviewed himself, and for now him to he considered a candidate for this position? I don't think so, I would suggest that if he wanted to he a candidate for the Town Manager's job perhaps he should have left his spot as the Director of Community and Planning Services, which by the way,for the press to know, I think he has done an excellent job in that slot, and I am happy to have him in thatposition, but this definitely was a bag job. You are being considerably dishonest about that. jKenneth Crouch Spoke. Kevin Foley - I think it is the opinion, if you polled this room I think 9 out of 10 people in this room would suggest to you that this was a bag job. Kevin Foley -I will respond to something Mr. Stewart said I think it is false pretenses... mayhe it was not a hag at that point but from the moment that Mr.Mahony got involved in this, if he wanted to he a candidate he should have withdrawn from the process. To have him out recruiting candidates, and then sitting in on the interviews which we allowed as a Board by the way and then all of a sudden to bring his name forward..I don't know what else to call it but a bag job. John Savastano spoke. Kevin Foley- You call it fair process? You call it a fair process when you have someone in charge of recruiting candidates then all of a sudden appears as a candidate? You know I didn't... when never even interviewed him, we do not know about his availability, he was never an official candidate, I expressed my reservations to Mr. Leeman when I saw his name on the list and I am going to tell you right now, I do not know what else you can call it but a hag job because the process has been violated We are not suggesting anything about his professional experience or his ability to do the job in the past. We are talking about the process we have before us, and I am telling you right now. Various individuals spoke against the process utilized Board of Selectmen Minutes July 31, 1995 Page 9. Mike Schena spoke again. Kenneth Crouch and Donald Stewart spoke. Leeman resigned as chairman and left. Vote to appoint Mahony passed Melissa Powers, Admin. Secretary Kevin Foley, Clerk BOARD OF SELECTMEN EXTRACTED BOARD OF SELECTMEN MINUTES AUGUST 7, 1995 CALL TO ORDER: Kevin Foley, Acting Chairman, called the meeting to order at 7:30 PM. ATTENDANCE: The following were present: Kevin Foley, Acting Chairman; Kenneth C. Crouch; John Leeman; J. Savastano;Donald Stewart;Kevin Mahoney, Interim Town Manager. APPOINTMENT OF INTERIM TOWN MANAGER: Kevin Foley, Acting Chairman, passed the gavel to Donald Stewart. Kevin Foley made a MOTION, seconded by John Leeman, to reconsider the vote taken on July 31, 1995 and dissolve Kenneth Mahony, as Interim Town Manager, effective August 21, 1995, and re-appoint Kevin Mahoney, as Acting Interim Town Manager; vote failed 2 to 3 (Kenneth Crouch, John Leeman, Donald Stewart opposed). Donald Stewart returned the gavel to Kevin Foley. Transcript Kevin Foley - I would like to make a couple of points if I could Mr. Chair about this. I make this motion in an attempt to in effect dissolve the activities of last week and I do so for three reasons. 1. I hope that this will send the appropriate language to John Leeman who has in effect, I do not know whether or not turned in the papers or not,in effect given up his chairmanship with this board which I think is a great loss to this community at this time. As I stated when I first campaigned as Selectmen being the newest member that I think that if I can accomplish half of what Mr. Leeman has in such a short term that I would be an above average selectman and I think that Mr. Leeman has had the interest of the Town at heart during his reign. And the one thing that I would agree with is Sunday's article in the Tribune and that was a grave mistake for him to give up the Chairmanship, I agree with that...I think it was a mistake, I think it was made in haste, I think you made a decision out of frustration for what you saw as a process being violated for all the good intentions you had to bring the process along to find someone who could lead this community forward and I hope that you will reconsider. 2. I think that this Board made a grave error last week. For the record, I do not support Kenneth Mahony as the Interim Town Manager because of the way it was brought forward. And there is not anybody on this Board or in this public who can convince me that this was anything but rigged because of what I know. But,rather than get into a full blown discussion and debate over that issue, which I am prepared to do, I am willing to say, knowing what I know, there is not anyone who can convince me that it was not rigged and during the last week, I have received more calls on this issue than any other issue since being elected to this board. And, I do not mind telling the three members that brought this forward. I think it is wonderful that you think so much of Kenneth Mahoney that you would want him to be the Interim Town Manager and then Permanent Manager. And, I am not questioning his qualifications one bit, I am questioning the way it was gone about. The calls running in my house last week was 100% against the way you brought this forward. I have received letters and I have had people stop me in the street who have lived here for three and four generations, so it doesn't cut along new and old people who have not been here for a while for the way in which this was brought forward. And I will tell you that I will not be persuaded, and I am just one member of this board,that this will go before Town Meeting and I will be pressured to support his candidacy. So I will state publicly that you will not get my support for this. And the reason for the Town Meeting comment is, as a member of this Board that I know that I have supported issues that have passed Town Meeting but then have gone to the electorate and have been defeated 75/25. So in the words of Jim Gordon, it is the wrong audience. And, if we are going to bring it before Town Meeting, I will not support his candidacy because Town Meeting approves such. If you want to bring it before the electorate than may I suggest that all of us should resign our seats on the Board and let an election and see how the Town supports us in this movement. And, further, let me just say that I think you have tainted this town and this process and I am giving you all a chance this evening to redeem yourselves. I think we have dragged some people through the mud here. I am not willing to do it any further. Board of Selectmen Minutes July 31, 1995 Page 11. And, drag the Town through the mud and I know you Mr. Chairman In Acting have stated that you supported this movement because Mr. Griffin did not have the four votes necessary. I would suggest that perhaps we should have called that to a vote first and then move forward and I am suggesting to you now that we just heard from me that I will not support Mr. Mahony because of the way this has been brought forward, I am not sure about Mr. Leeman, and I hope Mr. Stewart since you were the swing vote on this that you will support this motion to appoint Kevin Mahoney who I think has done an admirable job serving in this capacity and will do so into the future. Jodie Kasabuski,Recording Secretary Clerk