HomeMy WebLinkAbout1996-05-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES MAY 28, 1996
CALL TO ORDER: John Leeman, Chairman, called the meeting to order at 7:30 PM.
ATTENDANCE: The following were present: John Leeman, Chairman;William B. Duffy, Jr.;
Kevin Foley; Donald Stewart; David Torrisi; Robert J. Halpin, Town Manager.
COMMUNICATIONS &ANNOUNCEMENTS: Citizenship Awards -Brendon Pomeroy
Chris Rey nriolds -Messrs. Pomeroy and Reynolds were presented with Citizenship Awards for saving Jessie
Lockwood utilizing the Heimlich Maneuver during school lunch session.
350th Parade Instructions -The instructions for the 350th Parade participants were distributed.
Fire Department Donation of Painting Overhead Doors at Station One -The North Andover Firefighters
donated their services and supplies to paint the overhead doors at Station One in recognition of the 350th
Anniversary Celebration. Kevin Foley made a MOTION, seconded by Donald Stewart,to send a
thank you letter to the firefighters involved in the refinishing of the overhead doors at Station One in
the spirit of the 350th Celebration; vote approved 5-0.
350th Anniversary Celebration-Painting of Roadways for Parade Route -George Perna, Director,
Division of Public Works, informed the Board of Selectmen that the Parade Committee has requested that
Public Works paint the parade route roadways in red, white, and blue for the 350th Anniversary Parade.
Public Works will be painting these roadways as well as around the Old Center Common. The Parade
Committee will be paying for this service.
APPROVAL OF MINUTES: April 16, 1996, April 22, 1996, April 29, 1996, May 6, 1996, and
May 13, 1996 -Kevin Foley made a MOTION, seconded by Donald Stewart,to approve these
minutes as submitted including the Executive Session minutes; vote approved 5-0.
PUBLIC COMMENT: Kevin Foley discussed an inexplicable incident which took place at a resident's
home caused by a Public Works employee. Mr. Foley stated that he was sorry for the discomfort and
embarrassment this incident has caused the resident(Mrs. Gaskin) and her family. Kevin Foley made a
MOTION, seconded by David Torrisi,that the Board of Selectmen on behalf of the Town of North
Andover send a letter of apology to Mrs. Gaskin; vote approved 5-0.
LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Kevin Foley,
for the Board of Selectmen to move into licensing; vote approved 5-0.
EVY GILLETTE, MANAGER, STEVENS ESTATE n, OSGOOD HILL, REQUESTS A ONE-DAY
WINE &MALT BEVERAGES LICENSE, FOR THE UNITED WAY RECEPTION ON JUNE 5, 1996
FROM 4:30 PM - 7:00 PM -John Leeman made a MOTION, seconded by Kevin Foley,to approve
this license request and to waive the fee for the non-profit organization; vote approved 5-0.
EVY GILLETTE, MANAGER, STEVENS ESTATE n, OSGOOD HILL REQUESTS THE
FOLLOWING ONE-DAY LICENSES -
All-alcoholic beverages license for the Ormsby/Doucette wedding on June 15, 1996 from
5:00 PM to 11:00 PM.
Board of Selectmen Minutes May 28, 1996 Page 2.
All-alcoholic beverages license for the Readel/Leifson wedding on June 16, 1996 from
4:00 PM to 9:00 PM.
All-alcoholic beverages license for the BBQ Outing of Utica Insurance Company on
June 21, 1996 from 12:00 PM to 5:00 PM.
All-alcoholic beverages license for the Cullen/Zimmerman wedding rehearsal party on June
28, 1996 from 6:00 PM to 12:00 midnight.
All-alcoholic beverages license for the Gordon Rehearsal Party on June 29, 1996 from
2:00 PM to 6:30 PM.
All-alcoholic beverages license for the Cullen/Zimmerman Sunday brunch on
June 30, 1996 from 10:30 AM to 12:00 PM.
All-alcoholic beverages license for the Scanlon Wedding on June 30, 1996, from 2:00 PM
- 8:00 PM.
Kevin Foley made a MOTION, seconded by John Leeman,to approve these one-day license requests;
vote approved 5-0.
NORTH ANDOVER 350TH COMMITTEE REQUESTS A ONE-DAY ALL-ALCOHOLIC
BEVERAGES LICENSE FOR THE 350TH ANNIVERSARY BALL ON SATURDAY, JUNE 8, 1996
FROM 8:00 PM - 12:00 PM -William Duffy made a MOTION, seconded by Kevin Foley,to approve
this one day license request and to waive the fee for the non-profit organization; vote approved 4-0-1
(John Leeman abstained).
TOM HORNE, MANAGER,FUDDRUCKERS, INC., CROSSROADS SHOPPING CENTER,
TURNPIKE STREET, REQUESTS FOUR(4)AUTOMATIC AMUSEMENT DEVICE LICENSES -
William Duffy made a MOTION, seconded by Kevin Foley,to approve these four license requests;
vote approved 5-0.
VIRGINIA GUERRIERO, PRESIDENT/OWNER AND MANAGER,MEZZA LUNA LOCATED AT
585 CHICKERING ROAD,NORTH ANDOVER, REQUESTS PERMISSION TO CHANGE THE
D/B/A/TO TONI MACARONI'S PASTA AND PIZZA CLUB-John Leeman made a MOTION,
seconded by Kevin Foley,to approve this request to change the D/B/A from Mezza Luna to Toni
Macaroni's Pasta and Pizza Club; vote approved 5-0.
CHRISTOPHER V. ADAMS, MANAGER, REQUESTS A COMMON VICTUALLER'S LICENSE
FOR CHRISTOPHER V. ADAMS DIBIA SARAH'S HAWIIANICE AT 1593 OSGOOD STREET -
Kevin Foley made a MOTION, seconded by John Leeman,to grant this Common Victualler's
License; vote approved 5-0.
S. JOSEPH HOFFMAN,ANDOVER LIQUORSINC., DIBIA THE VINEYARD, 554 TURNPIKE
STREET, REQUESTS A COMMON VICTUALLER'S LICENSE -Kevin Foley made a MOTION,
seconded by William Duffy,to grant this Common Victualler's License; vote approved 5-0.
John Leeman made a MOTION, seconded by Kevin Foley, to move out of Licensing;
vote approved 5-0.
CHAPTER 61A PROPERTY- 550 BOSTON ROAD - NOTICE OF INTENT TO SELL OR
CONVERT USE: Kevin Foley made a MOTION, seconded by Donald Stewart,to reaffirm the
Board's previous vote of August 21, 1995,to approve the private sale of the property located at 550
Boston Road and to waive the town's right of first refusal; vote approved 5-0.
Board of Selectmen Minutes May 28, 1996 Page 3.
COMMITTEE FORMATION AND APPONTMENTS: Master Plan Study Committee -The Board of
Selectmen discussed the formation and size of this committee. Discussion centered around the number of
members of the committee ranging from 7 to 15 members. John Leeman requested that the Town Manager
review the original memorandum issued regarding this committee, and Mr. Duffy requested that the Town
Manager discuss with Town Counsel the Planning Board jurisdiction over this committee as it relates to the
Town Charter. Mr. Halpin suggested that after discussing with Town Counsel,that perhaps the Board of
Selectmen and the Planning Board could meet to discuss this committee.
Town-wide Budget Subcommittee -At the suggestion of Mr. Duffy,the Board discussed the formation of a
town-wide budget subcommittee. William Duffy made a MOTION, that a two-person Town-wide
Budget Sub-committee of the Board be established and that two members of the Board serving on the
subcommittee be the Chairman by virtue of his office for the remainder of FY 1996 and FY 1997.
This MOTION failed to be seconded.
Legal Affairs Subcommittee -At the suggestion of Mr. Duffy the Board discussed the formation of a Legal
Affairs Subcommittee. The Town Manager stated that Town Counsel is in the process creating an
outstanding litigation case file and reporting the status of each case. William Duffy made a MOTION
that a two member Legal Affairs subcommittee of the Board of Selectmen be established for the
purpose of recommending to the Board for each matter or case for which the appointment of Special
Counsel is needed , a lawyer or law firm to be so appointed. MOTION failed to be seconded. Mr.
Leeman suggested a subcommittee be established to review the outstanding litigation cases. William Duffy
made a MOTION, seconded by David Torrisi,to set a Legal Affairs Subcommittee but to not make
the Chairman a member. The Board discussed the committee formation further. This committee is to
meet with the Town Manager regularly to discuss outstanding litigation cases and the Board of Selectmen
will be updated on a quarterly basis relative to the outstanding litigation. Mr. Foley objected stating that
any litigation case should be discussed with the full Board in Executive Session. William Duffy made a
MOTION, seconded by David Torrisi,that Selectman Torrisi be one member of the Legal Affairs
Subcommittee and that Selectman Duffy be the second member and that the membership, function
and workings of this subcommittee be reviewed no later than April 1997; vote approved 4-1
(Kevin Foley opposed).
Town and School Facility pgrade Review Subcommittee -Mr. Duffy handed out a data sheet indicating
changes in student population. Mr. Duffy discussed the impacts of demographics on student populations.
Mr. Foley discussed the Strategic Planning Committee recommended a one-time infusion of money to
upgrade the school facilities and the Comprehensive School Facilities Plan and prior Board discussions to
include Police and Fire Facilities plan. The Board discussed the establishment of a Capital Improvements
Committee and the Town Manager will provide the Board with information relative to the establishment of
this committee. Mr. Gammie of the Finance Committee spoke in favor of establishing such a committee.
STEVENS POND 1996: George Perna, Director, Division of Public Works, recommended a schedule
and the rates for the 1996 Stevens Pond program. Kevin Foley made a MOTION, seconded by
David Torrisi,to approve the 1996 Stevens Pond Program as presented; vote approved 5-0.
TOWN MANAGER REPORTS & UPDATES: Financial Policies and Strategy-The Town Manager
discussed with the Board the Town's Financial Policies and Strategy. The Town Manager has met with the
Superintendent of Schools,the Chairman of the Finance Committee, and the Director of Finance to discuss
the planning effort to develop a comprehensive financial plan for the Town. This discussion included the
history of water and sewer rates and expenses as well as Debt Service forecasts. This group will be
Board of Selectmen Minutes May 28, 1996 Page 4.
focusing on preparing the final draft of the Financial Policies, preparing some benchmarks as to where the
Town stands presently; preparing forecasts of the next five years and a presentation of the Budget Advisory
Group in June. The Town Manager will be meeting with Division Directors to revisit the individual Fiscal
Year 1997 budgets to discuss possible budget reductions and reallocations below the interim Fiscal Year
1997 budget which was authorized by the 1996 Town Meeting. The Town Manager has forecast that the
Fiscal Year 1997 budget is over extended by$ 500,000 to $ 700,000.
Stevens Estate A Osgood Hill -The Town Manager discussed the need to set a policy direction to put
together an implementation plan for the Estate. The Binder Boland report recommends that the Town
continue to own and control the building and grounds;the town should proceed with a financial plan to
support $ 650,000 in repairs and improvements to protect the building;that a Board of Trustees be
established to provide for the care, custody, and control of the building and assets on behalf of the Town;
and that the Board of Trustees provide for access to the building and grounds to the resident of the Town.
The Binder Boland study recommends that the Estate become an Executive Retreat Conference Center. To
accomplish this,the following is needed: To provide revenue, it should be provided for the operation of a
high end executive retreat center. This recommendation would include an additional investment of
$ 350,000 for cosmetic improvements to the facility. This enterprise must separate the business risk from
the Town's core functions;the enterprise should only be undertaken if the operating entity can cover all
direct and indirect costs including long-term debt,the operating party should be a private business concern
with experience in the conference center business world. The sale of some of the real estate is a possible
source of revenue to begin the restoration of the facility and the grounds. The Town Manager will present
a list of possible members to the Board of Trustees for the Board of Selectmen's review. John Leeman
requested that Public Works have the gutters of the facility cleaned out.
Continental Cable Television-License Application for Transfer-The Town has received a petition to
transfer the Continental Cablevision television services to US West. The Selectmen are the licensing
authority to act on this petition. This pending transfer will be heard by the Massachusetts Cable Television
Commission. The Cable TV Advisory Committee will monitor the proceedings on behalf of North
Andover.
Public Works -Traffic Safety Sign Installations -George Perna, Director, Division of Public Works,
presented a report to the Board of Selectmen regarding sign installation. This report indicated a review by
Mr. Perna and Officer Driscoll of signs which are completed, signs to be installed within a week, signs to
be installed the following week and signs which have not come in yet. Kevin Foley discussed the need to
meet citizen expectations when the signs are requested by avoiding delay in installation, as well as the need
to set a turnaround time of installation of 30 - 60 days after approval by the Board of Selectmen, and an
accurate record of work completed. Mr. Perna stated that delays in installation can be caused by inclement
weather and short man power.
Public Works - Sewer Easement Negotiations & Chapter 90 Expenditures -The Town Manager provided a
memorandum regarding the Sewer Easement Negotiations and Chapter 90 Expenditures, as they relate to
the Division of Public Works, as a result of the meeting the Town Manager had with Mr. Perna on May 15,
1996, followed up by a memorandum to recap that meeting dated May 17, 1996. The Town Manager will
be contacting the property owners with whom the Town is negotiating for sewer easements, as well as
property owners of easements being sought in the vicinity of Salem Street and Abbott Street. Also the
Division of Public Works has advised the Mass. Highway Department that the Town has submitted
ineligible roads for Chapter 90 reimbursement. Mass. Highway will review the FY 1995 request for
reimbursement.
Board of Selectmen Minutes May 28, 1996 Page 5.
William Duffy made a MOTION, seconded by Kevin Foley,to move into Executive Session to discuss
items to F & G (Sewer Easements and Chapter 90 Expenditures). During discussion, Mr. Duffy
stated that the State law provides that if there are charges brought against an employee they can be
heard in Executive Session unless the staff member against whom the charges have been lodged can
request an open meeting. After some discussion, Kevin Foley suggested tabling these two items until
the next meeting. William Duffy made a MOTION, seconded by Kevin Foley,to table discussion of
these two items until the next meeting; vote approved 5-0.
Police Department-Employee/Management Relations Improvement Proposal -The Town Manager
discussed the poor employee/management relations within the Police Department. These issues have been
discussed with the Chief of Police and Chief Stanley has indicated to the Town Manager that he is a willing
partner to improve the labor relations. The Town Manager recommended that an assessment of the
management practices be assessed by an outside consultant to document all sides of each issue for review.
The following are the three areas the Town Manager will be focusing on during the review:
1. Improving Management/Employee Relations in the Department (The Town Manager
emphasized that this effort requires the preparation of an action plan.)
2. Review of staffing and command structure
3. Review of Policies and Procedures.
Kevin Foley made a MOTION, seconded by David Torrisi,to direct the Town Manager to proceed
with the Police Department employee/management improvement effort as outlined in the Town
Manager's memorandum to the Board of Selectmen dated May 24, 1996; vote approved 4-0-1
(Donald Stewart voted present). Donald Stewart discussed concerns to not moving forward with the
Management Study as previously discussed with the Board of Selectmen.
PPM 88-07- USE OF TOWN OWNED VEHICLES: The Town Manager discussed his recommended
changes to PPM 88-07. These changes included addressing clarification of the Personal use of Town
Owned Vehicles and to include a Record Keeping clause. Mr. Leeman requested to know if the town is
currently billing employees for personal use of the town owned vehicles and discussed that if the vehicles is
considered a benefit, an IRS 1099 form should be issued. Initially Mr. Duffy objected to the Record
Keeping clause being too detailed. Mr. Halpin stated that work day travel within the town will not require
the maintaining of multiple entries by town employees. Kevin Foley made a MOTION, seconded by
David Torrisi,to adopt the amendment as proposed by the Town Manager for the governing use of
Town owned vehicles; vote approved 5-0.
EXECUTIVE SESSION: Review Strategy With Respect to Collective Bargaining and Negotiations with
the North Andover Police Association-Kevin Foley made a MOTION, seconded by William Duffy, for
the Board of Selectmen to move into Executive Session for the purposes of discussing the review of
strategy with respect to collective bargaining with the North Andover Police Association; vote
approved 5-0.
Melissa Powers, Admin. Secretary
Kevin Foley