HomeMy WebLinkAbout1983-02-08 Board of Selectmen MinutesFEBRUARY 8~ 1983 (Con't)
consider the primary election on March 22 in the 3rd essex district for the vacant senitorial or for the
April election for the final. Mr. Mascola felt that it would be better to put the question on the ballot at
the regular Town election because that best represents Town matters which people turn out at the poles for
and also feel that once you let the first situation go by with a special election you have an argument that
could be used in the future for other situations like this. After some discussion the Board agreed that before
they could make a determination on whether this amendment should go on the ballot they first needed to
find out what the free cash situation is and what the new construction revenues are, and that they needed
time to properly educate the public if the Board felt they should support it. Selectman Graham also stated
that he was concerned that if the question is placed on the ballot this year, you may be locked into doing it
every year. The Board also agreed that a Town Election would be the best time to place this amendment on
the ballot. Selectman Joyce agreed to find out from the Town Clerk what the last date is if they were to
make it in time for the Town Election.
TOWN BUILDING ELECTRICAL BIDS:
Charles Foster, Building Inspector, noted that 8 bids came ~ Thelowest was Allied Electrical Corp. at
$11,600 and the second lowest was J.M. Barges Electric Co. at $21,344 - noting that there was almost a
$10,000 difference. He stated that the specs were written by the engineering co. that assumed that the
walls in the Town Building were solid masonry'- and therefore specified that the wiring be done in rigit
conduit which vequres a metal-type surface mold to cover the wire. This is very expensive work. He
stated that all the bidders except the low bidder took the specs and bid on them. The low bidder came in
and looked at the structure and found that it was not the case and designed his bid around the fact that
consealed wiring in the walls does not require rigit conduit which made a substantial difference in the bids.
Mr. Foster stated that Brian Sullivan checked with the Dept. of Labor and Industries who stated that if the
low bidder availed himself to the opportunity to examine the building and come up with a different method
to do the job and worked within code, that awarding the job to him could successfully be done, and if anyone
challenged to their department, they would rule in favor of the Iow bidder. Mr. Foster stated that the other
bidders were way over the $18,000 left in the budget and noted that there is no'c enough money to pay them.
He also stated that all that is required is a letter to Allied from either himself or the Electrical Inspector
stating that this type of wiring system is acceptable under the code. He also noted that there were 4
alternates in the bidding procedure: 1. How much the contractor would deduct if the Town moved the
furniture around in the offices. 2. To go from a rigit conduit to IMC (Intermediate Metal Conduit) which is
a lighter conduit. 3. To allow different manufactures than that specified for the panel boxes (different
manufactures have different prices). 4. If no wiring was done downstairs, how much would the contractor
deduct. Mr. Foster noted that if they decide to go with alternate #4 that has so include all the other
alternates. He stated that he recommends the Board to award the bid to Allied with a waver accepting the
4 alternates which would bring the costdown to $10,900, and to negotiate the basement wiring with Allied.
He stated that the wiring downstairs needs to be done but the Iow bidder would not not take the bid if he is
held to doing the downstairs. He noted that the specs didn't clearly state what had to be done downstairs
and the Iow bidder interpreted it to mean that only what was wrong needed to be changed.and therefore
did not include the downstairs in his bid. Some of the others bidders interpreted it to mean. that all the
wiring had to be changed. Mr. Foster noted that the low bidder can refuse the job and only losse~i his bid '~
deposit and that you cannot ask him to up his price. He also noted that someone is going to have to do the
wiring downstairs and we will have the money to do it. Selectman Graham stated that he is not impressed
by the specs and recommends that the next time something like this is done that is watched out for.
Selectman Joyee made a motion and it was unanimously voted to award the bid to Allied Electrical Corp.
exereising the 4 alternates.
REFUSETECH, INC. - INDUSTRIAL REVENUE BONDS:
Due to the hazardous weather conditions, the public hearing regarding the above,scheduled for Feb. 7, 1983,
was adjourned until Feb. 14, 1983 - this was in compliance the the advertising requirements.
CONTINENTAL CABLEVISION REPORT:
A report was received by the Board from Continental Cablevision. Chairman Salisbury noted thata report
will now be received regularly. ~'
PERSONNEL ADVISORY BOARD APPOINTMENT:
The Board unanimously voted to appoint Selectman McEvoy to be their representative on the Personnel
Advisory Board.
POLICE MATRON STATUS:
Letter was received from Town Counsel regarding Police Matron Status stating that the Selectmen can
have someone that essentially does what a matron does as long as they are not called matrons.noting that
they',are,not, in need of any police powers. He suggested that several crossing guards be appointed to be
called when necessary to be present while a woman prisoner is held at the station. Selectman MeEvoy'
made the motion and it was unanimously voted to have the Police Chief call a woman or women any time
he needs somebody when a woman is apprehended by a policeman to perform the functions that are needed.
SPECIAL LEGAL SERVICES:
Chairman Salisbury noted that there are 2 outstanding legal bills-the from Atty. Douglas A. Randall re:
Lawlor ease for $2,316.50 and another from Atty. Lynch re: Steiner ease for $550.00. He noted that there
was not enough money in the budget and that a reserve fund transfer was needed to pay the bills. Selectmen
MeEvoy moved and it was unanimously approved to seek the money from the Advisory Board. -.~
EXECUTIVE SECRETARY SCREENING COMMITTEE APPOINTMENTS:
Chairman Salisbury noted that 5 applications were received for the 4 vacancies. Selectman Graham made
a motion and it was unanimously approved to appoint all 5 candidates. Appointed were: Roland Kerb,
Martha Larson, John McLay, Edward J. Scanlon, & Leonard W. White.
FEBR_~___UARY 8,1983 (Con't) 4
SEVERANCE PAY POLICY FOR HUD:
Letter was received from Nancy Laplante of HUD re: the severance issue for Gayton Osgood the
former Community Development Director stating that the amount is alright to be taken from HUD
funds as long as it is in keeping with the policy that was on record. Chairman Salisbury stated that
when the Board had last met, they had trouble with the wording of her letter and wanted to re-write
it and also felt that if they restated, it and told Ms. Leplantewhat the policy of the Board actually was,
they would then proceed with releasing the funds to Mr. Osgood. Chairman Salisbury suggested the
following language to be put in a letter to HUD: 1. The policy affects only those who serve at the
pleasure of the appointing authority without the benefit of the protection of an employee contract or
the Town's Personnel By-Law. 2. The benefit ,,ill be voted by the Board of Selectmen when services
are terminated at the request of the appointing authority, and the employee does not have any criminal
liability. After some discussion, Selectman Joyce made a motion and it was unanimously approved to
authorize the Chairman to draft a letter with the statements he just made.
COMMUNITY DEVELOPMENT:
1. Warrant Articles - Lisa Ruben, Acting C. D. Director, stated that the Selectmen should place
Articles on the Town Warrent foi 3 parcels of land to be taken by eminent domain - Dr. Lentini's land,
Kennics Corp.'s land, and the Boston & MaineRailroad'sland on the easterly side of Main Street. She
submitted to the Board a suggestive Town Meeting Article for [~entini's piece of land and stated that
she would like Town Counsel to be authorized to prepare an article for the other 2 parcels. Chairman
Salisbury noted that they are just trying to cover themselves for Town Meeting and it doesn't
necessarily mean that they are going.to exercise eminent domain. He stated that negotiations will pro-
ceed between now and Town Meeting and the Board prefers to handle it that way. Selectman Joyce
made the motion and it was unanimously' approved to include the Lentini Article in the Warrant and
to authorize the preparation of the Kennic's Article and the Boston & Maine Railroad's Article.
2. status Of Applicant Review Committee re: Housing Manager's Position - Ms. Ruben stated that
the committee did not meet last Monday as scheduled but plan to meet in the near future and possibly
have a list of names for the Board's next meeting.
3. Director's Position - Ms. Ruben asked the Board how they would like.to· proceed with this. Selectman
Joyce noted ;that there were only~3{candidates ~that he was~intereste(~ in. Selectmen McEvoy & Graham
each had two that they were interested in. Selectman Joyce made a motion and it was unanimously
approved to furnish the Chairman with the individuals that they wanted to interview and to here the
Chairman schedule an interview with everyt~d, ythat someone is interested in.
4. Housing Rehab. Specialist Position- Miss Ruben noted that the deadline for submitting applications
for ti~is position was last Thursday, February 3, and stated that l0 people submitted resumes. She
wanted: to know how the Board wanted to review those applications. She proposed that.herself and the
Building Inspector go through and select possibly 3 candidates to be interviewed for that position.
Selectman Joyce stated that he preferred the Board to look over the applications themselves where
there are only 10 applicants. Chairman Salisbury felt it might be best to concentrate on the other 2
positions and let them staff their own office. Miss Ruben noted that the Asst. Building Inspector is
now working temporary part time in this position so this is not a position that has to be filled right away.
Charlie Foster, Building Inspector, stated that he would like the opportunity to review the resumes to
make sure they are technically qualified. Chairman Salisbury noted that he would like to see the'
recommendations of the Building Inspector and put off final hiring until they staff the rest of the office.
The Board agreed.
5. Signature Cards~-Miss Ruben noted that with the Selectmen s Executive Secretary gone, that now
leaves only 1 authorized signature toward Community Development Block Grant funds. She stated that
the Board needs to authorize at least I more signatory but recommends they authorize 2 more which
is the amount allowed, noting that if one person is not available, you can call upon the other two. She
also noted that the State drawdown takes 1 signature but HUD takes 2 signatures. She is requesting
change of both signature cards so that the signatories are the same on each. Selectman Joyce made a
motion and it was unanimously approved to grant the requested action.
6. Audit- Miss Ruben stated that the C. D. Office is due for an audit to cover the period between
December 31, 1980 - December 31, 1982. She stated that HUD requires these audits to be conducted
every 2 years. In order to complete one, a request for audit proposal needs to be sent' out. Miss Ruben
submitted to the Board a requ~est for their review. Selectman Joyce made a motion and it was
unanimously approved to authorize the Acting Director to take the requested action.
7. Senior Center Building Review Commmittee - Miss Ruben noted that she feels it is important at
this time to reactivate that committee which will include Charlie Foster, Tom Cantone, Emily Murphy,
and herself to serve as a liason to the Board and to help provide direction. The Board unanimously
appr(~ved to reactivate the committee.
8. Governor Bradstreet - Letter was received by the Selectmen and the C. D. Office from George Wallace
of the North Andover Veteran's Firemen Assoc. informing the Board that they would like a designated
site of 32' x 40' within the proposed public parking lot behind Town Hall for the Governor Bradstreet.
Miss Ruben stated that the reason this is being brought up again is because of the unclear title of the
so-called "missing triangle". She stated that she would like to have further discussions with Mr. Wallace
and the architect to find out where their preference to its location and and how that effects the
parking 10t. She also noted that her main concern is that if they are going to construct a building back~
there, that it should conform to whatever is built' back there:~okeep a consistent design theme. Selectman
Joyce noted that you are looking at a huge legal problem by placing it on the "missing triangle" and then
how to cure it if it is found to be defective. He stated that if it isn't located on the "missing triangle"
and is put back on good land to the rear, you will have to redesign the parking lot again which will cost
money. (Con't)
450 F] B UAR , S3iCon,t)
8. Governor Bradstreet (Can't) - Selectman Joyce also stated that the Board might want to appropriate a
sum of money to research the title and certify to them a title opinion so they know exactly what to do.
He stated that he doesn't think the triangle is worth spending any money on and he would rather encourage
them to go up to the Town Garage. He noted that as it stands now, they are going to have a vandal problem,
no power, electricity, or gas, and the only rational given to him is because it is in closer proximity to
where the facility has been historically located. Mr. Wallace stated that he is willing to wait to see what
happens with the taking of the Kennie's property and the Lentini property and to see what happens with
the architect before he proceeds. He noted that they have already in the past agreed to go with the design
that will be back there. Chairman Salisbury noted that Mr. Wallace has already done a lot of chasing on this
and suggested that he might want to check with the Assessors and Treasurer to see if any taxes have been
paid on that parcel or assessments have been dor~ Mr. Wallace stated that he understood that taxes have
not been paid for over 20 yrs. Chairman Salisbury noted that if there is a possibility that the Town could
lay claim to that property and not run into alot of difficulty, it would solve alot of problems. Selectman
Joyce noted that there is enough defect in the title to question whether the Town could take the land. -'
He suggested that if the Assoc. is committed to locating behind the Town Hall, it might be in their best
interest to retain counsel themselves, and if they are satisfied that it's good land,to go ahead and build
on it. Chairman Salisbury stated that the Selectmen are still going to have to provide a parcel of land and
noted that Mr. Wallace will be waiting for the next several months until some of the other issues can be
resolved to see if the parcel that they have been talking about is feasible and if it isn't, the Board will
have to address the question as to whether they wiU be willing to give up some of the parkings.' lot for the
Governor Bradstreet.
9. Contract Amendment - City'Design with the Office of Community Development, Town of North Andover -
Miss Ruben stated that there is an additional $15,145 that has already been spent by City Design and it is
requested t0 be put into the contract so that City Design can bill the Town for the costs incurred. Selectman
Joyce noted that this type of procedure was authorized in the past but from now on he wants anything that
is going to be billed over & above the contract to be negotiated with the Board prior to their incurring the
expense. After some discussion, Selectman Joyce made a motion and it was unanimously voted to approve
the amendment.
10; Amendment to 12lB Planning Grant Contract - Miss Ruben stated that this is not an amendment ~f any
sum of money but is a matter of amending the scope of services ~ich the State has agreed on and an
extension of time from December 31, 1982;.through 'January 31'of this year. She stated that the scope of
services prepared for the grant was done about 2 years ago and it did not accurately reflect the needs of
the community at the present; the scope of services will be a more useable document. To meet the needs
of the Contract, the Town needs to amend the scope of services. The Board unanimously approved to
authorize the Chairman to enter into amendment #2 between the Town of North Andover and the State.
11. Status of Senior Center - Miss Ruben noted that since the School Dept. began to consider closing
Bradstreet School, the Board and her office have been pursuing the feasibility of using it as a Senior
Center at the request of the Council on Aging. She noted that Randy Jones, City Design, and herself'
have looked over the structure and have taken measurements. She noted that it is approximately the same
amount of square footage on the basement floor as there is being proposed for the Senior Center. She noted
that their determination is that it would be a feasible center, however, there are problems with whether or
not the School Committee wants to turn that building over to the Council on Aging. She noted that this
project is already 2 years behind schedule and that a decision on the Bradstreet School should be made in
the very near future so they can start proceeding to make some progress toward that project. Selectman
Graham stated that he felt the Board should get an official position from the School Committee on 'this.
He feels they really do not want to give it up and that they are a long way from coming up with an answer.
Selectman McEvoy feels that the money is available now to build a Senior Center and it should go' where
Aging has been planningand to stay within budget. Selectman Joyce agreed stating that they
have a substantial commitment to the project now and doesn't want to jeopardize what they now have when
there seems to be a small possibility to acquire the Bradstreet School. He stated that he would like to make
a decision on option I or 2 at their next meeting when all the members are present.. Chairman Salisbury
noted that the 2 options in f'ront of them were both identical buildings except that one had a clapboard
exterior'with a price that stayed within budget and the other was a masonry exterior which cost $60,000 more;
Miss Ruben stated that the major concern of the Council on Aging was that the meeting room needed to be
larger.. They want it to accommodate 200 people not the 180 that is proposed. She also noted that the input
she has been receiving from the townspeople and the Council on Aging is that they prefer a masonry building.
She noted that through design work they may be able to cut back on some of the other items to give them a
larger meeting room and the masonry exterior. She will be meeting with the Council on Aging to see what
they consider to be priority items and with the architect. Selectman Graham felt that we should stay in.
budget because there is no indication that the State will give us any more money {:an, d,I feels that going
back to the state will delay the project longer and with construction costs rising, it will mean less money
to build with. Chairman Salisbury proposed to put on the agenda for February 22 the final vote stat!ng
that any information they need to' make that final decision should be done before that date.
BUILDING INSPECTOR'S BUDGET:
Charles Foster, Building Inspector, stat&d that, he';wanted io ]ni'orm the board that he has included in his budget
a new formula for compensating him for the use of his car which is $125 a month plus 1lea mile. He
stated that after supplying his own car for 23 years, he feels it is now time for him to be properly compen-
sated. He noted that other towns have done this and this would help to maintain the car, insure it, etc.
He noted that studies show that maintaining cars run between 30 - 35¢ per mile. He also noted that he has
put an article in for the Town Meeting Warrant for a car. He feelsiitis high time he is provided with one
and again noted that other towns provide their Bldg. Inspector's with one. He stated that he plans on arguing
for both but is only interested in getting one'of:his txu{~ He stated that the Advisory Board will probably .
ask him if he has discussed this with the Selectmen. He would just like the Board to think about these pro-
posils and to let him know how they feel about them in a week or so.