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HomeMy WebLinkAbout1995-04-03 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES APRIL 3, 1995 CALL TO ORDER: John P. Savastano, Chairman, called the meeting to order at 7:00 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. APPROVAL OF MINUTES: March 20, 1995 - Kenneth C. Crouch made a MOTION, seconded by Donald Stewart, to approve the minutes of March 20, 1995. John Leeman requested a change to Page 2, and the Board voted to approve the minutes; vote approved 4-0. COMMUNICATIONS & ANNOUNCEMENTS: The Town Manager discussed the communications and announcements with the Board and the following were noted: Keno licensing will be placed on a future agenda for discussion as well as the request for support of a regional grants writer at the County level. The Stillwell insurance claim will be resubmitted to the Town' s liability insurance carrier, along with Town Counsel' s opinion, requesting that the insurance company reconsider the rejection of the claim. TRAFFIC ADVISORY COUNCIL: Kevin Foley discussed with the Board his recommendation that a Traffic Advisory Council be created in town. The purpose of this council would be to establish a mechanism for Town government to better address the traffic safety related issues in a systematic way. This council will set in place a formal process to address the traffic related safety needs of the community. The Chairman of the council is to be appointed by the Town Manager. The council will be comprised of the following individuals: Chief of Police (or his designee) , Fire Chief (or his designee) , Public Works Director (or his designee) , Director of Community Development and Services (or his designee) , One Representative of the Real Estate community (appointed by the Selectmen) , North Andover Police Department' s Safety Officer, and One Resident to be appointed by the Selectmen. The Town Manager recommends the appointment of this council and will have departments submit recommendations for the appointment of this committee. This will be rescheduled for a future agenda item. NORTH ANDOVER IMPROVEMENT SOCIETY: Phila Slade, North Andover Improvement Society, has requested permission from the Board of Selectmen for the Improvement Society to restore Memorial Park using the original plans signed by Henry Vincent Hubbard of Olmsted Brothers Landscape Architects, in 1922. This would require the rebuilding of the gravel paths, pruning trees and shrubs, and extensive replanting. The Improvement Society is prepared to handle and account for all receipts of gifts and grants, and disbursements themselves. The Town Manager recommends and encourages this project. Kevin Foley made a MOTION, seconded by Kenneth C. Crouch, to approve the plans of the North Andover Improvement Society to restore Memorial Park; vote approved 5-0. SAFETY CONCERNS - DUFTON COURT AND ANDOVER STREET: Kevin Foley made the following MOTION, and considerable discussion then followed the Motion. To change Dufton Court to a "One Way" headed towards Franklin School. Install "One Way" signs at both ends of the street and a "Do Not Enter" sign at the Andover Street end. Install a 15MPH sign and a "Caution Children" sign on Dufton Court. All work shall be completed within 14 days of approval by the Board of Selectmen . April 3, 1995 Minutes Page 2. Install appropriate "School Zone Signs" (Flashing with 20 MPH speed limit) and "Pedestrian Traffic" signs near the Franklin School crosswalk. All work shall be completed within 30 days of approval by the Board of Selectmen. Public Safety and School Department investigate and provide a written report within 14 days to the Board of Selectmen on whether or not a School Crossing Guard should be assigned to Franklin School. Inspect and repaint crosswalks on Andover Street, if needed, within 7 days. George Perna explained that signs have already been ordered for the area and special State signs had been ordered for Andover Street. Andover Street is a State road that the Town is in the process of trying to take over from the Commonwealth but the takeover process is very lengthy. Mr. Perna also explained that crossing zones have been approved by the State for Andover Street but the zone was denied for Route 125. The flashing lighted sign for Andover Street was also denied. Mr. Foley amended his motion to remove the request for signs for Andover Street, (since signs have already been ordered) and to remove the request for flashing lights on Andover Street, (since the State has denied this request) . Mr. Gordon stated that he will see to it that Dufton Court is posted as a One Way Street, as well as all other appropriate signs needed; install appropriate School Zone Signs on Andover Street; report back on the availability of crossing guards; and have the crosswalks inspected and improved, as needed. If any of this cannot be done, Mr. Gordon will report back to the Board. The proposed motion and amendment were approved; 5-0. WARRANT ARTICLE RECOMMENDATION - CONVEYANCE OF LAND STEVENS & PLEASANT STREETS - LAWLOR: Brian Lawlor, discussed with the Board of Selectmen the warrant article to convey Town land to Joseph & Shirley Lawlor. Apparently, all records indicate that the home of Joseph & Shirley is sitting on some town owned land that the residents have been paying taxes on since the purchase of the home. This infraction was discovered, when the Lawlors tried to have an addition put on the home and the plot plan indicated the discrepancy. The request is for a vote of Town Meeting to convey the land to the Lawlors for the price of $ 1.00. Kevin Foley made a MOTION, seconded by John Leeman, to favorably recommend this warrant article pending a new plan showing 11, 000 square feet and for the action to include all fees for the transfer to be paid by the petitioner; vote approved 5-0. REQUEST FROM VFW POST 2104 THAT THE TOWN TAKES OUT AN AD IN THEIR 50TH ANNIVERSARY COMMEMORATIVE BOOK TO CELEBRATE THEIR 50TH ANNIVERSARY: John Leeman and Kevin Foley will take out an ad with the VFW Post 2104. CITIZEN'S ADVISORY COUNCIL UPDATE: The Citizen' s Advisory Council met with the Board to discuss the Council' s process. Dennis Dionne spoke for the Council. The Council has been meeting and the attendance of the members is almost 1000. All meetings are publicly posted and anyone is welcome to attend. The agendas are set by the Chief and the Council themselves. The following are items of concern that the Council has been discussing. The unsettled labor contract is a concern of the council but the council will not get involved with contract negotiations. The other concern is the unfinished situation of the Officers bringing allegations against the Chief. Proof of these allegations have not been an disclosed and the issue remains unsettled. The Council discussed the Police Department' s involvement with the community and took note of the following programs: Student Police Academy, Citizens' Police April 3, 1995 Minutes Page 3. Academy and the Department' s support for Youth Programs. Mr. Dionne also stated that he feels that the Council working together with the Police Department and the Community, will make the North Andover Police Department can be the best of the best. POLICE DEPARTMENT UPDATE: John Leeman requested an update from the Town Manager as to the process being utilized to arrive at a mutually satisfactory resolution to the outstanding matters between the Board of Selectmen, the Police Chief, and the Patrolmen' s Association. The Town Manager informed the Board that Step II will be the next step, although he may utilize an interim step in between Step I and Step II. Also, the Town Manager stated he may want to meet with the Board of Selectmen before the last step. Mr. Leeman stated that he hopes the contract will be settled this week. PRESENTATION OF PLAQUE TO SEAN FOUNTAIN: John Savastano presented a plaque of appreciation to Sean Fountain who had served on the Board of Selectmen and, as the Licensing Commissioners Chairman during his two terms, as a Selectman. Mr. Fountain was also presented proclamations by Senator James Jajuga and Representative Donna Fournier Cuomo. LICENSING COMMISSIONERS: Kenneth Crouch made a MOTION, seconded by Donald Stewart, for the Board to move into Licensing; vote approved 5-0. Update - Conditions of Class II License - Edward L. Cummings, Marilyn Motors, 1615 Osgood Street - The Building Inspector submitted a report to the Licensing Commissioners, which indicates that the Licensee has not met the conditions of the license. John P. Savastano made a MOTION, seconded by Kevin Foley, to hold a show cause hearing on May 15, 1995; vote approved 5-0. Kenneth C. Crouch made a MOTION, seconded by John P. Savastano, for the Board of Selectmen to move back into regular session; vote approved 5-0. TOWN MEETING WARRANT ARTICLE RECOMMENDATIONS: Amend Zoning Ordinance - Pleasant Street (Ely Property) : Kenneth Crouch made a MOTION, seconded by Donald Stewart, to favorably recommend this article at Town Meeting; vote approved 5-0. Acquisition Of Easements - Raleigh Tavern Lane (2 Articles) : These articles have been submitted, as citizen petitions, to fix the water and drainage problems on Raleigh Tavern Lane. One article may involve the taking of some land. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to favorably recommend both articles at Town Meeting; vote approved 5-0. Prohibition of Power Boats on Lake Cochichewick and Tributaries: The Board discussed this article and Mr. Foley and Mr. Leeman expressed their support. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to recommend unfavorable action on this article at Town Meeting; vote approved 3-2 (Kevin Foley and John Leeman opposed) . DIVISION OF PUBLIC WORKS UPDATE: Recycling Update - The State has loaned two roll offs to the Town, and Public Works is in the process of building a new truck. Betterment Assessment Public Hearing - Mr. Perna requested that the Board change the date of the Betterment Assessment public hearing due to a schedule conflict for a staff member. This request was denied. WARRANT ARTICLE RECOMMENDATIONS: Compensation of Elected Officials - John Leeman made a MOTION, seconded by Kevin Foley, to recommend unfavorable action on this article. Kenneth Crouch requested that Mr. Leeman withdraw his article, and Mr. Leeman withdrew his article. Kenneth Crouch made a MOTION, seconded by Donald Stewart, to favorably recommend this warrant article; vote approved 3-2 (John Leeman and Kevin Foley opposed) . April 3, 1995 Minutes Page 4. Amendment to Personnel Bylaw - Kenneth Crouch made a MOTION, seconded by Kevin Foley, to favorably recommend this warrant article; vote approved 4-1 (John P. Savastano abstained) . Wetlands Filing Fee Account - Kevin Foley made a MOTION, seconded by John Leeman, to favorably recommend this warrant article; vote approved 5-0. Authorization to Operate Osgood Hill - Kevin Foley made a MOTION, seconded by Kenneth Crouch, to favorably recommend this article; vote approved 5-0. INTERIM TOWN MANAGER - Kevin Foley made a MOTION, seconded by Donald Stewart, to formerly request that the James P. Gordon, Town Manager, stay on with the Town as Town Manager, until his original resignation date (after Town Meeting, to be no later than June 30, 1995) . The following discussion ensued: Mr. Leeman stated that he hoped the Town Manager does not take his comments (Mr. Leeman' s comments) personally. He also stated that he believes it is important that Mr. Gordon stays on with the Town through the transition process for the new Town Manager. Mr. Gordon stated that he will remain on until most of the Town Meeting work is done. He also stated that he wants to back off of full- tine commitments so that he can start on some other ventures. He will commit to an agenda and will be in shape for Town Meeting. Mr. Savastano stated that the Board will let the Town Manager "mull over" their request to have him extend his resignation date. vote approved 5-0. TOWN MANAGER SEARCH: The Board of Selectmen discussed the Town Manager search process. Kevin Foley stated that he had a real concern with the process for the search and also stated that the Board seems to be moving in a direction that the search is leading to a limited number of applicants. He also stated that he wants to talk to more people. Martha Larson, Chairman, Town Manager Search Committee, strongly encouraged the Board to sit down with the available candidates. Mr. Foley recommended creating a subcommittee to review the resumes again and come back with six more candidates. John Leeman made a MOTION, seconded by Kevin Foley, to have two members of the Board to have (Kevin Foley and Kenneth Crouch) to go through the resumes again and report back to the Board. This motion was withdrawn. Kenneth Crouch requested that the Search Committee go through the list of candidates again and have the committee contact the people to see if they are still interested. He suggested about four more people and stated that it is normal that people drop out, when the media contacts them. Kenneth Crouch made a MOTION, seconded by John Leeman, to re-approach the search committee and request that they provide the Board of Selectmen with at least four more names that are still interested in the position; vote approved 5-0. FY 196 OPERATING BUDGET: The Town Manager discussed his FY `96 Budget Recommendations. This budget recommendation is in three parts: FY 96 Basic Balanced Budget, Supplemental Budgetary Needs (Override needed to fund) ; and the Major Facilities Plan (Override needed to fund) . The Basic Balanced Budget required a reduction in General Government Operating Budgets in the amount of $ 87, 000 and a reversal of the Board' s previous recommendation to expend $ 256, 000 for the CIP. In addition to these cuts, General Government will need to make additional cuts in the amount of $ 72, 500 by eliminating various unfilled vacancies and transferring FY `95 projected salary surpluses to fund the FY `96 Municipal Operating Budgets. April 3, 1995 Minutes Page 5. The Supplemental Budgetary Needs Override would be in the amount of $ 831, 500. This override will provide an additional $ 353, 000 for School Department funding, additionally it will provide full funding for the CIP in the amount of $ 256, 000, it will provide $ 72, 500 to make up the Genera Fund deficit, as discussed above, and provide an additional $ 150, 000 to fund expanding municipal departmental needs. Major Facilities Plan - This override plan funds the establishment of a reserve fund for acquisition and debt service costs associated with approved major facility plans. The Town Manager recommends this General Fund Override to be in the amount of $ 2, 000, 000. This override would be restricted permanently for Major Facility Planning making funds available for future funding requirements for projects approved by Town Meeting. Kevin Mahoney recommends that this fund be analyzed every three to five years. Kenneth Crouch made a MOTION, seconded by Kevin Foley, to favorably recommend all three parts of the budget plan; vote approved 5-0. EXECUTIVE SESSION: Donald Stewart made a MOTION, seconded by Kenneth Crouch, for the Board of Selectmen to move into Executive Session for the purposes of discussing the following litigation cases: Francis Bodge versus the Town of North Andover, and a Settlement Agreement between Jeff Sapienza versus the Town of North Andover. The Board was individually polled and voted unanimously to move into Executive Session. Melissa Powers, Admin. Secretary Clerk