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HomeMy WebLinkAbout1995-09-05 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 5, 1995 CALL TO ORDER: John Leeman, Chairman, called the meeting to order at 7:35 PM. ATTENDANCE: The following were present: Kenneth C. Crouch;Kevin Foley; John Leeman; John Savastano; (Donald Stewart not present);Kenneth Mahony, Interim Town Manager;Kevin Mahoney,Director of Finance& Administration. REQUEST FOR MINUTES AND AUDIO TAPES: Kevin Foley made a request of the Acting Town Manager that minutes from the previous meeting be prepared for review and approval at the next regularly scheduled Selectmen meeting. Mr. Foley further stated that he understood the reason minutes from the previous meeting were not available was due to the fact that the secretary had been absent. Mr. Foley said the reason for his request was so that minutes could be reviewed and approved in a timely manner. Also,Mr. Foley reminded the Acting Town Manager of his previous request for copies of all audio tapes of Selectmen meetings. Mr. Mahony suggested that Mr. Foley provide the Town with blank tapes,then he would be provided the original tapes of the meetings after the minutes were approved. Mr. Foley said that he had received tapes of meetings in his package the previous week but that this week he had not, so he made the request again. Mr. Foley also stated that he would be glad to make any necessary arrangements with the Town in order to obtain the tapes. COMMUNICATIONS &ANNOUNCEMENTS: One Way Traffic Sign-Chestnut Street&Mill Road- Helen Kellner, 920 Turnpike Street, sent a letter objecting to a one-way traffic sign which was placed on Chestnut Street and Mill Road which prevented her from exiting her driveway towards Route 114. There was discussion relative to the possibility that Mrs. Kellner had requested the placement of a one-way sign in this area some years ago. The Town did not place this sign. Public Works will remove this sign. Carl Thomas Playground Injury-Paul Kelly, Crossbow Lane, sent a letter expressing a safety concern at the Carl Thomas Playground. His wife fell when she tripped at the playground and broke her ankle. Lake Cochichewick Area-Illegal Fishing, Wading,Parking, and Littering-Frank Ragonese, 1939 Great Pond Road, sent a letter objecting to illegal fishing,wading,parking, and littering in the Lake Cochichewick area. The Police and Public Works departments will be requested to address any enforcement needed in this area. Busing Poli cy-Two letters were received regarding the School Department's busing policy. John Leeman and Mr. Mahony have met with the Superintendent of Schools to address this issue but there has been no closure. Mr. Mahony was verbally told by the School Department that no children in the area of the new elementary school will be walking. SIDEWALK CONSTRUCTION PLAN: Kevin Foley made a MOTION, seconded by John Savastano,to direct the Town Manager working with the Superintendent of Schools to come up with a plan to build sidewalks in those areas around the School districts that do not have sidewalks,to prioritize which areas need to be done,perhaps using Chapter 90 Funding or to identify other sources of funding and to know how much the entire project will cost; Vote approved 3-0-1 (Kenneth Crouch abstained.) MASSACHUSETTS ELECTRIC COMPANY-PETITION#53/369-SALEM STREET: Kenneth Crouch made a MOTION, seconded by Kevin Foley,to approve Massachusetts Electric Company's Petition#53/369 on Salem Street to install#2 Al-15KV Primary Cable in 3"PVC Conduit;vote approved 4-0. MASSACHUSETTS ELECTRIC COMPANY&NEW ENGLAND TELEPHONE & TELEGRAPH- PETITION#53/370-SALEM STREET: Kenneth Crouch made a MOTION, seconded by Kevin Foley,to approve Massachusetts Electric Company and New England Telephone&Telegraph's Petition#53/570 on Salem Street to place two poles and remove one pole provided that if any boxes or cabinetry are needed that the petitioners notify the Board of Selectmen in advance;vote approved 4-0. Board of Selectmen September 5, 1995 Page 2. LICENSING COMMISSIONERS: John Savastano made a MOTION, seconded by Kevin Foley,to move into Licensing;vote approved 4-0. One Day Wine&Malt License-Merrimack College at the Volpe Complex on September 9, 1995,From 9:00 PM to Midnight-John Savastano made a MOTION, seconded by John Leeman,to grant a one day wine&malt license issued to MaryEllen Colliton,Director of Activities,Merrimack College,for beverages to be served by the Marriott Food Service at the Volpe Complex on Saturday, September 9, 1995,from 9:00 PM until 12:00 PM for a Video Dance Party;vote approved 4-0. One Day Wine&Malt License- Stevens Estate at Osgood Hill- September 10, 1995, 1:00 PM-6:00 PM for a BBQ for Sears: John Leeman made a MOTION, seconded by Kenneth Crouch,to grant a one wine&malt license to Paula Fanning,Manager, Stevens Estate at Osgood Hill for September 10, 1995,from 1:00 PM to 6:00 PM for a BBQ for Sears;vote approved 4-0. One Day Wine&Malt License- Stevens Estate at Osgood Hill-September 16, 1995, 2:00 PM-8:00 PM for the Pasqualaue/Fowler Wedding-John Leeman made a MOTION, seconded by Kenneth Crouch,to grant a one wine &malt license to Paula Fanning,Manager, Stevens Estate at Osgood Hill for September 16, 1995,from 2:00 PM to 8:00 PM for the Pasqualaue/Fowler Wedding;vote approved 4-0. John Savastano requested that any applications for licenses coming in from the Stevens Estate at Osgood Hill indicate who is dispensing the alcohol and also to show that the dispensers are TIPS (or similarly)certified. John Savastano made a MOTION, seconded by John Leeman,to move back into regular session;vote approved 4- 0. PUBLIC COMMENT: Odor Complaint-Prescott Street-Leonard Enaire, 14 Prescott Street, discussed with the Board of Selectmen the fact that Friday night his neighborhood had an odor problem he believed was caused by burning at the Greater Lawrence Sanitary District. Mr. Enaire was told that no burning is taking place at the Greater Lawrence Sanitary District but the Town Manager will contact the Greater Lawrence Sanitary District the next morning to discuss the odor complaint. Press Packages-Mr. Foley stated that he had received a call from the reporter from the daily newspaper requesting that he receive information and agenda items of Selectmen meetings prior to the meetings. Mr. Foley said that he understood that the members of the Board were polled by Mr. Leeman to ascertain whether or not they would allow the press to receive Selectmen information packages at the same time as the members(generally the Friday prior to Monday meetings.) Mr. Leeman confirmed that the members he talked with agreed to allow this. REQUEST TO USE STEVENS POND FOR A FISHING DERBY: John Savastano made a MOTION, seconded by Kevin Foley,to approve the request of the Nevins Family Services to use the grounds of Stevens Pond for a fishing derby on Wednesday, September 20, 1995,from 10:00 AM-2:00 PM(rain date September 21, 1995); vote approved 4-0. OSGOOD HILL PARKING AREA: The Osgood Hill Usage Committee has recommended the building of a parking area off of Osgood Street on the Osgood Hill Conference Center land. The parking area will hold 12 - 15 cars,would service the trails at the center, as well as help with the over flow of the soccer parking at the High School Fields. They have also recommended placing No Parking signs on the Osgood Hill side to facilitate the use of the new parking lot. The Planning Board will be holding the public hearings. John Savastano made a MOTION, seconded by Kevin Foley,to move forward with the planning process for this request;vote approved 4- 0. TELEVISE BOARD OF SELECTMEN MEETINGS ON CABLE TV: Kevin Foley discussed televising the Board of Selectmen meetings on Cable Television. He gave three reasons for his support of televising the meetings: Board of Selectmen September 5, 1995 Page 3. 1. "Government that operates in full light of day operates best." 2. "It will increase citizen interest and participation in our Town Government." 3. "1 believe the Board of Selectmen have already voted to do this." John Savastano brought Mr. Foley's proposal to the Cable Advisory Committee meeting of August 23, 1995. A new director of the North Andover studio had been hired and will begin work on September 18, 1995. New equipment has been purchased and meetings can be televised from several locations in town including the Senior Center. There are 27 sites currently used for Cable TV broadcasts. Mr. Savastano stated that he did not see a problem with lighting or acoustics in order to begin televising meetings. Kenneth Crouch expressed concern that the building that presently holds the Board of Selectmen meetings may have acoustic problems. Kenneth Crouch made a MOTION, seconded by Kevin Foley,to advise the Cable TV Advisory Committee of the Board's intentions to televise their meetings, as soon as possible, and ask that the committee come up with a plan to do so;vote approved 4-0. John Savastano made a MOTION, seconded by Kenneth Crouch,to send a letter to Continental Cable to inform them of the Board's vote to televise their meetings;vote approved 4-0. PERSONNEL BYLAW DISCUSSION: John Savastano left the room during this discussion. The Board of Selectmen discussed the fact that some Town employees receive a salary which exceeds the maximum amount which appears in the Compensation Plan of the Personnel Bylaw for their position and some employees are at a higher grade than their position is listed in the Classification of Positions. It is the opinion of Town Counsel that the salaries questioned are"legal"in that they were established in a manner consistent with the Bylaw. These salaries are awarded, as a Merit Increases,based on performance appraisals. Anna Foster, 16 Margate Road, stated that Town Counsel's opinion is not legally binding and that some items of the Personnel Bylaw are subject to interpretation. She also stated that when she called the Massachusetts Department of Revenue,the gentleman she spoke to told her that"it sounds illegal that people are making more money than maximum in the Bylaw". The following policy was proposed by John Leeman: 1. That the Town Manager will present to the Board of Selectmen annually, a salary schedule that clearly denotes classification, name, current salary, step and the salary range in the current Personnel Bylaw. Individuals being paid outside of the salary range will be highlighted. 2. Than any individual being paid a personal rate will be brought to the Board of Selectmen for their information. 3. That after the probationary period, all anniversary dates will be July 1. 4. That no employee will be paid a different grade until such grade change is approved by the Board of Selectmen. Kenneth Crouch made a MOTION, seconded by Kevin Foley,to adopt this proposed policy but to change Item 2 to bring the information to the Board of Selectmen, not the individual;vote approved 4-0. FINANCE COMMITTEE REQUEST-FY `96 BUDGET-RECONSIDER RECOMMENDATION OF ALLOCATION OF ADDITIONAL FUNDS: Bill Whittaker, Chairman,Finance Committee, discussed with the Board the Finance Committee's concerns relating to the Town committing additional staffing and other expenses. The Finance Committee has voted to request that the Board of Selectmen reconsider their recommendation on the allocation of additional state revenue to focus on authorizing expenditures that are non-reoccurring in subsequent years. The Board of Selectmen stated that they will revisit the FY `96 budget after the Finance Committee has completed their review. The Town Manager stated that revenue projections for the next fiscal year will be reported soon. Board of Selectmen September 5, 1995 Page 4. SPECIAL TOWN MEETING-SEPTEMBER: The Town Manager reported that due to the recent signing of the bill to incorporate the changes to the Charter,the Special Town Meeting scheduled in September must be changed to either October 28 or November 4. The Town Manager suggested November 4. NOISE CONTROL BYLAW: John Leeman has provided a Noise Control Bylaw for the Board of Selectmen to discuss and bring before Town Meeting. This bylaw will be discussed at a later date. SINGLE SALES TAX FACTOR: Mr. Mahony discussed the Single Sale Tax Factor bill which has been submitted to the House for their vote. Raytheon Company is supporting this bill. This tax will cost approximately $ 153,000,000 and can possible cause local and school aid to be cut. AUTHORIZATION TO BORROW-BOND ANTICIPATION NOTES: Kenneth Crouch made a MOTION, seconded by John Savastano,to authorize the Town Treasurer to borrow$3,888,100 of Bond Anticipation Notes dated September 15, 1995, due September 11, 1996;vote approved 4-0. Mr. Mahoney will be accepting bids on Friday, September 8, 1995,for these notes. The results of the bids will be available at the September 18, 1995, meeting. The Board of Selectmen also authorized the Finance Director to seek bid pricing on bond notes prior to notifying the Board of Selectmen of this intention. After the Finance Director receives the bids, he will request authorization from the Board to approve the issuance of the bonds. ACTION AGENDA: John Leeman requested that if any member of the Board of Selectmen would like something placed on the"Action Agenda"to notify the Chairman or the Town Manager. KEVIN FOLEY-REQUEST FOR COPIES OF"LETTERS FOR INFORMATION"AND VARIOUS DOCUMENTS AND INFORMATION: Letters for Information-Kevin Foley requested that he be provided copies of all correspondence listed on the"Letters for Information" sheet provided each week in the Selectmen's package. Mr. Foley said that he noticed that he does not get all these letters that are listed and would like to, so that he may prepare adequately for Selectmen meetings. Mr. Savastano noted that not all of these letters are provided in the Selectmen's package,but are available in a folder in the Selectmen's office at Town Hall. Mr. Foley said that he receives his Selectmen's package on Friday evening and is not always able to visit Town Hall over the weekend to review correspondence of interest prior to Monday evening's meetings. Therefore, he requests that copies of these materials be provided in his package. Mr. Savastano noted that these letters do not always arrive in one day. Mr. Foley said that if they are identified on the"Letters for Information" sheet,then they are available to be copied and placed in his package as he requests. Mr. Mahony said it takes staff to make the copies. Mr. Crouch said he thought it was asking too much of limited staff time. He further stated that he would"rather have staff help people who walk into Town hall with real problems." Mr. Mahony said"I do not know why a lot of this stuff is listed here." He further stated he did not know that this was the way it had been done, and he would like to decrease the amount of materials provided to the Selectmen to include only what is important or of interest to the members. Kenneth Crouch made a MOTION, seconded by John Savastano,to not change the existing policy;vote 2-2 (John Leeman and Kevin Foley opposed). Mr. Foley was denied his request to receive the"Letters for Information"in his package. State Approval of NESWC/GLSD Testburn-Mr. Foley requested a copy of the State approval of the NESWC/GLSD Testburn at the Wheelabrator facility. Mr. Mahony stated that this will be provided as soon as NESWC provides him with a copy of the approval. Update of Andover Street Taking-Mr. Foley requested an update of the results of the taking over of Andover Street from the state. Board of Selectmen September 5, 1995 Page 5. Update-Economic Target Area-Mr. Foley requested an update of the negotiations with the City of Lawrence relative to an application to extend the Economic Target Area of Lawrence to North Andover. Mr. Mahony stated that he met with the City of Lawrence and presented the Town's offer and is still waiting to hear back from Mayor Kennedy. Mr. Mahony requested that any help from the Board of Selectmen in getting a response from the City would be appreciated. Mr. Foley also requested a copy of the written proposal Mr. Mahony presented to the Mayor of Lawrence six weeks earlier. Special Town Meeting Warrant-Mr. Foley requested to know when the he warrant articles for the Special Town Meeting would be ready for discussion and debate. Mr. Mahoney said that other then the draft article of the noise by-law,the Town had not received any articles for consideration. Mr. Foley reminded the Board that at the July 31, 1995, meeting Mr. Crouch made a MOTION, seconded by John Savastano,to appoint Kenneth Mahony, Interim Town Manager beginning on August 21, 1995, and to have Town Counsel prepare a warrant article for the Special Town Meeting to have Mr. Mahony made permanent Town Manager. Mr. Foley asked about the status of the article as that was the complete motion that passed by a 3-1 vote. Mr. Mahony stated that he had requested of Mr. Crouch that the article not be placed on the Special Town Meeting warrant. Mr. Foley said he was not sure whether a vote by the Board was needed to withdraw Mr. Mahony's name or whether Mr. Crouch and Mr. Mahoney could decide this matter on their own. Mr. Foley further stated that he believed that if Mr. Mahony did not want his name to go forward for consideration,then the Board must vote not to go forward. At this point,Mr. Leeman asked if there was going to be an article brought forward relative to removing the quorum requirement at Town Meeting. Mr. Foley asked when the he warrant closed. Mr. Mahoney said September 11, 1995. Mr. Foley insisted that some action be taken during the meeting regarding the Town Manager warrant article. Mr. Foley expressed his belief that absent an article making Mr. Mahony permanent Town Manager,then the Board would be in effect going forward with half a motion(Mr. Crouch's motion of July 31, 1995). Mr. Foley asked whether or not an article was being prepared. "I want to know what we are going to do," he said. Mr. Foley asked Mr. Crouch to make a decision. Mr. Crouch said, "I'll vote when I am ready to vote, and I'll make motions when I am ready to make motions, and if you do not like it,then I am sorry." Kenneth Crouch made a MOTION, seconded by John Savastano,to adjourn the meeting at 9:25 PM;vote failed 2 -2 (John Leeman and Kevin Foley opposed). Mr. Leeman asked to have Town Counsel draw up an article for the Special Town Meeting warrant regarding the quorum issue. Mr. Foley said he thought the matter of Town Manager needed to be decided. Mr. Leeman stated that Mr. Mahony has made the comment several times that he does not care to take the Town Manager position permanently. Mr. Foley said that it is up to the Board to decide whether Mr. Mahony's name should be placed on a warrant article. Mr. Foley repeated that the motion by Mr. Crouch explicitly stated that Town Council draw up the appropriate warrant article to be submitted at the Special Town Meeting. Mr. Leeman said that"you will know by the 11th whether or not an article has been submitted." Mr. Foley said having Mr. Mahony sit as Acting Town Manager beginning on August 21, 1995,was only half the motion made by Selectman Crouch. The other half is to place an article on the warrant to make him permanent Town Manager. Mr. Foley said that at the time of the vote, my fellow members were confident that it would pass Town Meeting...what has changed? Mr. Savastano replied, "the request from Mr. Mahony". Mr. Foley said, "Then the Board should have an affirmative vote not to go forward with the article." Mr. Foley called for a motion to withdraw Mr. Mahony's name from consideration on an article. Mr. Leeman stated"I would personally like to know what's going on because if he(Mr. Mahony)is not going to take the job,we can move on and do something else...but I guess I'll have to wait till the 11th,which is Monday." Kenneth Crouch made a MOTION, seconded by John Savastano,to adjourn at 9:27 PM;vote approved 3-1 (Kevin Foley opposed). Note: The meeting adjourned with two items left on the agenda. Board of Selectmen September 5, 1995 Page 6. Osgood Hill Committee Report Traffic Advisory Council Committee Report. Kevin Foley, Clerk