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HomeMy WebLinkAbout1995-06-12 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 12, 1995 CALL TO ORDER: John P. Savastano, Chairman, called the meeting to order at 7: 10 PM. ATTENDANCE: The following were present: John P. Savastano, Chairman; Kenneth C. Crouch; Kevin Foley; John Leeman; Donald Stewart; Kevin Mahoney, Director of Finance & Administration. APPROVAL OF MINUTES: May 15, 1995 - John Leeman made a MOTION, seconded by Kenneth Crouch, to approve the minutes of May 15, 1995; vote approved 3-1-1 (Kevin Foley not present for vote, Donald Stewart abstained) . May 22, 1995 - Donald Stewart made a MOTION, seconded by John Leeman, to approve the minutes of May 22, 1995; vote approved 4-0 (Kevin Foley not present for vote) . May 30, 1995 - John Leeman made a MOTION, seconded by Kenneth Crouch, to approve the minutes of May 30, 1995; vote approved 5-0. COMMUNICATIONS & ANNOUNCEMENTS: Kevin Mahoney discussed the Communications and Announcements with the Board, no action was taken. PUBLIC HEARINGS: Continuation of Public Hearing - New England Telephone and Telegraph Company - Petition #812 - Salem Street (One 4 X 4 Concrete Pad) - Kenneth Crouch made a MOTION, seconded by John Leeman, to reject this petition and request that New England Telephone & Telegraph Company move the box on pole #98 closer to the Foxwood Development and to come back to the Board with their plans to move this box including dates; vote approved 5-0. Kenneth Crouch made a MOTION, seconded by John Leeman, to establish a policy that all pole petitions and any significant changes on previously approved petitions must go before Planning Staff before being approved by the Selectmen; vote approved 5-0. REQUEST TO BLOCK OFF MASSACHUSETTS AVENUE ON JULY 3 - 4, 1995: Kenneth Crouch made a MOTION, seconded by Donald Stewart, to approve the closing of Massachusetts Avenue on July 3 and 4, 1995, as requested by Bill McEvoy for the 4th of July Celebration; vote approved 5-0. PERSONNEL - WATER TREATMENT PLANT OPERATOR - GLEN ALT: The Town Manager has recommended the appointment of Glen Alt, as a Water Treatment Plant Operator. The Board took no action. NORTH ANDOVER BUSINESS DEVELOPMENT CORP. : Kenneth Mahony, Director, Community Development and Services has recommended the appointment of the North Andover Business Development Corp. and has requested a motion of support from the Board. Kevin Foley requested that Mr. Mahony contact Gary Wilkinson and to request that he serve on this committee as well. John Leeman made a MOTION, seconded by Kevin Foley, to support the North Andover Business Development Corp. and to appoint the following individuals: Mike Holland; Ann Messina; Donna Lee Rukin; Atty. Raymond Vivenzio; Ken Mahony, Director, Community Development & Services; Chief Dolan, Fire Chief; Stephen Shaheen; Kathleen Bradley Collwell, Town Planner; Maria Rosati; Ralph Joyce; Matthew Xenakis; Lou Minicucci; Gary Wilkinson; Board of Selectmen June 12, 1995 Page 2. vote approved 5-0. BOARD OF SELECTMEN'S MEETING SCHEDULE: John Leeman made a MOTION, seconded by Donald Stewart, to approve the following meeting schedule: Monday, July 10, 1995; Monday, July 24, 1995; Monday, August 7, 1995; Monday, August 21, 1995; Tuesday, September 5, 1995; Monday, September 18, 1995; Monday, October 2, 1995; Monday, October 16, 1995; Monday, October 30, 1995; Monday, November 13, 1995; Monday, November 27, 1995; Monday, December 11, 1995; Tuesday, December 26, 1995 vote approved 5-0. REQUEST FROM MERRIMACK VALLEY DAYLIGHT LODGE TO HOLD A YARD SALE AT THE MUNICIPAL PARKING LOT IN THE OLD CENTER COMMON ON JUNE 24, 1995, FROM 12:00 NOON to 6:00 PM: Donald Stewart made a MOTION, seconded by Kenneth Crouch, to grant permission to the Merrimack Valley Daylight Lodge to hold a yard sale on June 24, 1995, from 12: 00 Noon to 6: 00 PM at the Municipal Lot in the Old Center; vote approved 5-0. REQUEST FROM ST. GREGORY ARMENIAN APOSTOLIC CHURCH TO USE OLD CENTER COMMON FOR CHURCH PICNIC: John Leeman made a MOTION, seconded by Donald Stewart, to grant permission to the St. Gregory Armenian Apostolic Church to use the Old Center Common for a church picnic and the Festival and Blessing of the Grapes on August 13, 1994 from 12: 00 Noon to 6: 00 PM; vote approved 5-0. ABANDONED OIL TANK - FIRE DEPARTMENT/TOWN HALL: The Fire Chief discussed with the Board the fact that Town Hall has an abandoned oil tank since the building converted to gas heat. In the Summer of 1994, Chief Dolan requested bids for the removal of this tank. As of June 1, 1995, the Cyn Environmental was still willing to do the work at their bid quote. DIVISION OF PUBLIC WORKS EVENING HOURS: The Division of Public Works will be open on Tuesday evenings until 7: 00 PM to accommodate the public so that residents may purchase permits. No action is required by the Board. John Leeman made a MOTION, seconded by Kevin Foley, to approve the proposed Public Works evening hours; vote approved 5-0. COMMUNITY ACTION STATEMENT: Ken Mahony, Director, Community Development & Services has submitted an amendment North Andover "Community Action Statement". This document is used to assist in grant applications and this amended statement must be submitted to the Executive Office of Communities & Development. Kenneth Crouch made a MOTION, seconded by John Leeman, to approve the amendments to the "Community Action Statement"; vote approved 5-0. EMPLOYEE HANDBOOK: Kevin Foley made a MOTION, seconded by John Leeman, to approve the Town of North Andover Employee Handbook; vote approved 5-0. TOWN MANAGER SEARCH: Ken Mahony met with the Board of Selectmen to discuss the Town Manager Search. The Board recessed and no further action took place relative to this agenda item. TOWN MANAGER REPORT - POLICE DEPARTMENT MANAGEMENT ISSUES: The Town Manager' s report to the Board of Selectmen relative to his inquiries into the Police Department Management Issues was read for the record by Kevin Mahoney, as follows: Board of Selectmen June 12, 1995 Page 3. In accordance with the agreement reached between the Board of Selectmen and the North Andover Patrolmen's Association, at the Board of Selectmen meeting of March 3, 1995, I am reporting herewith my recommendations in connection with the above referenced letter from the North Andover Patrolmen's Association to the Board of Selectmen. RECOMMENDATIONS 1. In my memo to the Board dated April 21, 1995, I outlined the results of my discussions with members of the Patrolmen's Association that identified alleged Program and Fiscal Mismanagement issues. During the course of three meetings, held at different times, with Officers E. J. Foulds, John McEvoy, Sgt. Crane, Selectmen Savastano and Leeman, I have gained a complete understanding of the Patrolmen's concerns. As to the so-called "Program Mismanagement Issues", I have concluded that the most significant issue for the Patrolmen has to do with the allocation of the "Overtime Budget". The Association's specific complaint in connection with the Overtime Budget has to do with the distribution of overtime between Administration, Patrol, and Investigation. Additionally, the Patrolmen are concerned that overtime has been allocated to Reserve Officers, in lieu of assignment of overtime to permanent regular officers. While the allocation of the overtime budget is a Management fiscal responsibility, there is no doubt in my mind that it will be a matter for discussion in the next collective bargaining agreement. 2. As to the so-called "Fiscal Mismanagement Issues", I have made limited inquires (see memo of April 21, 1995) about Item 1, Procurement Practices, and Item 3, the Use of the Governor's Highway Grant Program. As to the Procurement Practice Issues, Chief Stanley has discussed those issues with myself, Officers Foulds and McEvoy, and I believe he has satisfactorily responded to their concerns. As to the use of the Governor's Highway Grant Program, based on my inquires and discussions with the Officers involved, Chief Stanley and Sgt. Crane, nothing has come to my attention that would indicate that the Officers who were paid for specific details did not in fact work those details. In letters to Officers Jack McEvoy, and Sgt. Timothy Crane, dated April 13, 1995, I requested that they provide me with a more formal written complaint and a summary of any written or testimonial evidence that they might have to substantiate the allegations that certain Officers were paid for selective details, that they did not in fact work. At my meeting of May 25, 1995, with Officers McEvoy and Foulds, they related to me that they did not have any specific evidence of criminal misconduct in this matter. Based upon my understanding of this issue and my inquiries into this matter, I recommend that no further action be taken in connection with this matter. Selectman John Leeman in his memo to me dated June 4, 1995, suggested that, "the only way the charges are going to be addressed to the satisfaction of all parties involved is through a third party. " I would like to point out to the Board that at this point in time, there has not been any formal "charges" specifically asserted by the Patrolmen's Association. In connection with the use of the Governor's Highway Safety Grant, the only ascertain we have is that of "suspicion". As a matter of fact, at the Board of Selectmen's meeting on March 3, 1995, Attorney Manning stated that, "the Association has not Board of Selectmen June 12, 1995 Page 4. stated that the Chief is involved in any criminal misconduct. " As the Board knows, I sought advise from the District Attorney in connection with the Patrolmen's Association assertion, and I was advised that without further evidence to support the allegations of wrong doing, that any further investigation could very well result in rendering inconclusive findings. 3. I recommend that the Chief of Police, working constructively with officers of the North Andover Patrolmen's Association, establish a Joint Labor Management Committee. The Committee should be organized in a formal manner, should establish a Mission Statement, and should establish Goals and Objectives. I expect that this committee will open up the lines of communications between management and staff, provide for the dissemination of the Department Goals and Objectives throughout the organization, and resolve outstanding issues. 4. The North Andover Town Charter establishes the Board of Selectmen, as the Chief Executive Officers of the Town. I recommend that the Board meet with Chief Stanley for the purposes of clearly defining the Mission Statement for the North Andover Police Department and specific Goals and Objectives to be implemented by the Chief. It should be the Chief's obligation to disseminate that Mission Statement and the Department's Goals and Objectives throughout the organization, thereby ensuring that all members of the organization clearly understand the directives of the Chief Executive Officers. Annually, the Board should evaluate the Chief's performance against criteria established by the Board. That same process should be put in place for all Operating Departments including the Fire Department, Division of Public Works, Planning and Community Services, and General Government. 5. While the Patrolmen's Association has requested that the Board of Selectmen authorize a "Management Study", I do not recommend that initiative be authorized at this time. I recommend that the Board of Selectmen defer authorizing such a study until the Strategic Planning Committee has finalized its report. If the Committee recommends a management study, I believe it should include all operating divisions including Public Safety, Public Works, and General Government. Such a Management Study will require an appropriation of funds for that purpose. In conclusion, I recommend that the Board of Selectmen implement my foregoing recommendations with the hope that the management and staff of the North Andover Police Department can move forward in a positive direction to resolve internal administrative matters. I do not believe that it would be beneficial to the overall operation of the Department to become involved in a discussion as to what motivations were present at the time that the Patrolmen's Association forwarded their letter of January 22, 1995, to the Board of Selectmen. The most important matter now is to get on with business and to put in place a course of action that will lead to enhanced morale within the Department and a more efficient operation. Chairman Savastano then requested any comments or discussion from the Board and the following discussions took place. Kenneth Crouch asked the subcommittee designated to look into this matter (John Leeman and Board of Selectmen June 12, 1995 Page 5. John Savastano) , if they concurred with the Town Manager' s findings. John Leeman stated that he does not concur with the Manager' s report and that there are more issues that can only be discussed in Executive Session. John Savastano stated that when he left the last meeting, he was under the impression that the remaining issues can be adequately addressed through the Conflict Resolution Process. Kevin Foley stated that on May 25 or 26, 1995, he saw a letter dated March, 1995, which in his opinion contained very serious allegations; allegations which may be construed, as criminal, and the Town Manager did not address those allegations in this report. Town Counsel explained that in accordance with the Selectmen' s vote of March 3, 1995, the Town Manager is reporting his findings, which are of no testimonial or documentary evidence of any criminal misconduct. Town Counsel and Mr. Leeman then discussed whether the Board ever requested an investigation, and it was explained to Mr. Leeman by Town Counsel that regardless of what the Board chose to call the situation, it is in fact an investigation or at the very least an inquiry. Town Counsel explained the three possible next steps the Board can use in this situation. The first choice would be to follow the Town Manager' s recommendations in his report. The second choice would be to request an investigation by a third party. The third choice is to request that anyone provide the Town Manager any written or oral testimony, leaving the matter open for 10 days, and if nothing comes in within 10 days to close the matter. Town Counsel also explained that the allegations so far have been uncorrobative and the letter dated, March, 1995, is a separate situation which cannot be discussed in Executive Session without using the due process of properly notifying the individuals involved. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to continue without a finding for ten days and request that if there is any additional information to be provided that it be provided to a member of this Board within two weeks; and further MOVE that Town Counsel provide a letter expressing Counsel' s opinion, as to allegations in the new letter dated March, 1995, against the Chief; vote approved 4-1 (John Leeman opposed) . Discussion among the Board members continued: John Leeman expressed concern that the Board cannot do due diligence to this situation without the entire Board having reviewed the letter dated March, 1995. Attorney Jack Collins, Counsel for Chief Stanley, discussed with the Board the need to put these allegations to rest and to exonerate the Chief of the accusations. At the request of John Leeman, Town Counsel will also provide a letter to the Town explaining all facts presented to Counsel regarding this situation to arrive at his opinion of that unless someone is willing to come forward with oral or written testimony, then to close the hearing. John Leeman also requested that the Town Manager provide a statement of his telephone discussions with the District Attorney including the information the Town Manager provided to the District Attorney to arrive at the conclusion of "that without further evidence to support the allegations of wrong doing, that any further investigation could very well result in rendering inconclusive findings. " Kenneth Crouch stated that he wants copies of all documentation provided to the Town Manager, and he wants to review all the documentation himself. Board of Selectmen June 12, 1995 Page 6. ADJOURNMENT: There being no further business, this meeting adjourned at 9: 15 PM. Melissa Powers, Admin. Secretary Clerk