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HomeMy WebLinkAbout1995-04-24 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 24, 1995 CALL TO ORDER: John P. Savastano, Chairman, called the meeting to order at 7:30 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, no action was taken. PUBLIC HEARINGS: Donald Stewart made a MOTION, seconded by Kevin Foley, to open the public hearing for a pole petition; vote approved 5-0. Massachusetts Electric Company and New England Telephone & Telegraph Company - Petition # C 53/368 - Chestnut Street - One Pole: The abutter to this petition expressed concern to the proposed location of this pole. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to authorize the Chairman to grant the petition subject to the Chairman and the abutter agreeing to the location of the pole; vote approved 5-0. Donald Stewart made a MOTION, seconded by Kevin Foley, to close this Public Hearing; vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by John Leeman, for the Board of Selectmen to move into Licensing; vote approved 5-0. Osgood Hill Conference Center Request for One-Day Liquor License - April 29, 1995- John P. Savastano made a MOTION, seconded by John Leeman, to grant a one day all alcohol liquor license to Osgood Hill Conference Center for Saturday, April 29, 1995, from 3: 00 PM to 9: 00 PM for the Graduation Ceremonies for Lesley College; vote approved 5-0. John Leeman made a MOTION, seconded by John P. Savastano, to move back into regular session; vote approved 5-0. APPOINTMENTS - ZONING BOARD OF APPEALS: Kevin Foley made a MOTION, seconded by John Leeman, to appoint John Pollone, as a regular member of the Zoning Board of Appeals, for a term to expire June 30, 1996, to fill the vacancy of Louis Rissin; vote approved 5-0. PUBLIC COMMENT: John Leeman expressed displeasure with the fact that he had requested that two items be placed on the agenda and those items were then removed from the agenda. The following votes were taken after Mr. Leeman' s comments. Police Department - Ethics Commission - There was concern expressed as to the appropriateness of John Savastano participating in discussions regarding the Police Department. Mr. Savastano explained that Town Counsel has already given the Town their opinion relative to this matter, and Mr. Leeman requested a copy of that letter. John Leeman made a MOTION, seconded by Kevin Foley, to contact the Ethics Commission to get a ruling, as to what extent Mr. Savastano may discuss the Police Department; vote approved 5-0. Allegations Made by the Police Union Against the Management of the Police Department - John Leeman made a MOTION, seconded by Kenneth Crouch, to place on the next agenda discussion of the allegations by members of the Patrolmen' s Union against Chief Stanley and Management of the Police Department, and also Board of Selectmen Minutes April 24, 1995 Page 2. wanted to discuss why this situation has taken two months and is still not completed. (This MOTION was not voted; after considerable discussion Mr. Leeman withdrew is MOTION. ) Discussion: The Town Manager discussed the process being utilized to review these allegations. The Town Manager has met with Union representatives twice, and he has requested specifics, as to the allegations. (The Union has not come forward with these specifics. ) The Union has agreed to a second meeting to also include Mr. Savastano and Mr. Leeman. This meeting has not taken place yet because the Town Manager is still waiting for specifics relative to the allegations. The final step will be a report to be issued regarding the findings of these allegations. The Town Manager will try to arrange for a meeting this week to continue the second step. SMOLAK FARM - SAFETY CONCERNS: The Police Department made the following recommendations to address the safety issues at Smolak Farm: 1. Placing a crosswalk from the Farm Stand to the Main Barn. 2. Placing a crosswalk at Dale and South Bradford Streets. 3. Placing two "Caution Children" signs and two "Crosswalk Ahead" signs on South Bradford Street. Kevin Foley made a MOTION, seconded by Kenneth Crouch, to approve the recommendations, as proposed by the Police Department; vote approved 5-0. The Police Department did not recommend the following: 1. Inserting a crosswalk from the grass parking area across South Bradford Street because the roadway is to narrow for people to walk and the crosswalk would be an inconvenient location and probably would not be used. 2. Inserting a crosswalk 100 yards west from the intersection on South Bradford Street which is the location of a severe curve. CRAFTON PRESENTATION - WARRANT ARTICLE - RALEIGH TAVERN LANE EASEMENT: William Crafton discussed his concerns relative to this warrant article. Mr. Crafton stated that the plans to fix the drainage problems on Raleigh Tavern Lane will not be fully addressed by this project and that if the proposed project goes through, that the drainage problem on the Crafton property will be further exasperated. The Crafton' s are asking that the Board of Selectmen reconsider their recommendation to Town Meeting and to recommend unfavorable action. Kenneth Crouch made a MOTION, seconded by Kevin Foley, to continue with the present standing affirmative recommendation on this article; vote approved 4- 0-1 (John Leeman not present for vote. ) Mr. Crouch also stated that he believes that it is incumbent upon the Town to make sure that the Conservation Commission helps the Craftons. TRAFFIC ADVISORY COUNCIL: The Board discussed the Mr. Foley' s proposed Traffic Advisory Council. Mr. Foley agreed that this council should meet only on an, as needed basis. Kevin Foley made a MOTION, seconded by John Leeman, to create the Traffic Advisory Council as proposed and outlined during the March 29, 1995, meeting and that all meetings are to be established by the designee of the group; vote approved 5-0. DUFTON COURT UPDATE: George Perna, Director, Division of Public Works, updated the Board. The signs are up except for the ones that the delivery has Board of Selectmen Minutes April 24, 1995 Page 3. been delayed. As soon as the signs are received by Public Works, they will be placed appropriately. POLICE DEPARTMENT - SGT. THOMAS J. McEVOY DISCUSSES MANAGEMENT ISSUES: Sgt. Thomas J. McEvoy requested to address the Board, not as an employee of the Police Department but as a citizen of the Town. Mr. McEvoy expressed concerns over morale issues and not administrative or management issues, as a result of the award of a job posting to a reserve officer rather than Officer Lanen who had also bid for the job. He expressed his opinion that actions such as this are causing additional morale problems at the Department during a crucial time with the contract negotiations, and he stated that he believes that the contract is only two sentences away from being settled. Mr. McEvoy also stated that, if the Department had a seniority provision, problems such as this would be circumvented. Chief Stanley explained the position posting/bidding and award process used. He also explained that budget constraints are a key problem in the Department and these problems will not go away unless the department is funded properly. Chief Stanley also strongly objected to this discussion taking place in a public forum; he stated that if the Officers objecting to the posting wanted to grieve the issue, they must utilize proper grievance procedures and forum at the Police Department; not at a Selectmen' s meeting. Mr. Leeman requested that the Chief discuss the issue with the Police Officers and the Chief stated that he would only discuss this issue in the proper forum at the Police Department and not in a public meeting with the Officer who is objecting. Chief Stanley also explained that the Officer who did not get the position must transfer from his shift to either the day or evening shift. The bicycles will not be utilized in the late night shift. LAWLOR PROPERTY - CONVEYANCE OF LAND ON PLEASANT STREET: Brian Lawlor met with the Board to discuss Joseph and Shirley Lawlor' s warrant article regarding the conveyance of land on Pleasant Street. There had been some confusion over the amount of actual square footage of land that would be conveyed. Mr. Lawlor requested that the warrant article requesting 9, 850 square feet to be the amount of land conveyed. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to recommend at Town Meeting to move the article, as written in the warrant; vote approved 5-0. PROPOSED YOUTH CENTER: Environmental Report - The Environmental Report has revealed that the by-product of the mushing is only a potential problem to be concerned about. It is recommended to do some further soil testing. The article is worded so that the language allows the Town to back out of the Purchase and Sale agreement, if the Board feels that it needs to do so. Kenneth Crouch made a MOTION, seconded by Kevin Foley, to continue with the positive recommendation to purchase the property; vote approved 5-0. OSGOOD HILL UPDATE: Proposed Rate Schedule - George Perna, Director, Division of Public Works discussed the proposed rate schedule for the Osgood Hill Conference Center. This schedule allows the Conference Center Manager to have the power to reduce and discount the rates up to 200, if the market shows that the client may be lost to another facility. Kenneth Crouch made a MOTION, seconded by John Leeman, to adopt the rate schedule, as submitted; vote approved 5-0. Status of Bill Eden: The Town Manager informed the Board that eviction proceedings have been started and in a few days, Mr. Eadn will be notified of Board of Selectmen Minutes April 24, 1995 Page 4. his eviction from the premises of the Steven' s Estate at Osgood Hill. This eviction requires Mr. Eaten vacate the premises by July 1. FIRE STATION ARTICLE: The Board discussed the Proposed Fire Station Article. The Town Manager recommended that the Board move to amend the Board of Selectmen recommendation to favorable action subject to the proposed amendment. This amendment would remove the language indicating Osgood Street, as the site for the Station. Kevin Foley made a MOTION to amend this article, as proposed. This MOTION was withdrawn. Kevin Foley made a MOTION to amend recommendation on the floor at Town meeting and that this recommendation is contingent upon the proposed MOTION which removes the Osgood Street site language. Kenneth Crouch objected to this article and stated that he wants to present Town Meeting with a well, thought-out plan and not the beginning of a plan. John Savastano, Chairman, passed the gavel to the Clerk and seconded Mr. Foley' s MOTION; vote failed 1-3-1 (Kenneth Crouch, John Leeman, and Donald Stewart opposed; Kevin Foley abstained) . EXECUTIVE SESSION: Ongoing Negotiations with the North Andover Patrolmen' s Association - John Leeman made a MOTION, seconded by Donald Stewart, for the Board of Selectmen to move into Executive Session for the purposes of discussion ongoing negotiations with the North Andover Patrolmen' s Association; the Board was individually polled and voted unanimously to move into Executive Session; vote approved 5-0. While in Executive Session the Board voted to send a letter to the Union requesting two new Officers to negotiate the contract and that if the Union agrees, the Board will assign two new negotiators. Melissa Powers, Admin. Secretary John R. Leeman, Jr.