HomeMy WebLinkAbout1995-09-18 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES SEPTEMBER 18, 1995
CALL TO ORDER: John Leeman, Chairman, called the meeting to order at 7:00 PM.
ATTENDANCE: The following were present: Kenneth C. Crouch;Kevin Foley; John Leeman; John Savastano
arrived late;Donald Stewart;Kenneth Mahony, Interim Town Manager;Kevin Mahoney,Director of Finance&
Administration.
LIBRARY BOARD OF TRUSTEES-REQUEST TO ALLOW AN ARTICLE IN THE WARRANT:
Mary Ellen Osgood,Library Board of Trustees,requested that the Board of Selectmen allow an article to be placed
in the warrant. This article will allow the Massachusetts Board of Library Commissioners to reimburse the Town
and the Stevens Memorial Library for the library building project.
Kenneth Crouch made a MOTION,seconded by Kevin Foley,that there is a valid emergency to open the
warrant to allow the library article to be inserted;vote approved 4-0.
APPROVAL OF MINUTES: Kevin Foley requested that the Board allow him to make written changes to
the minutes of July 31, 1995,August 21, 1995,and September 5, 1995,and to submit changes to these
minutes to the Board of Selectmen for their approval.
Kevin Foley made a MOTION,seconded by Kenneth Crouch,to allow this request;vote approved 3-0-1
(Donald Stewart abstained).
SCHOOL COMMITTEE ARTICLE: Dr. George Blaisdell, Superintendent of Schools, discussed the School
Committee warrant article seeking$ 50,000 for the School Facilities Master Plan. The$ 50,000 will fund revising
enrollment projections from the New England School Development Counsel and will fund architectural
development services. Dr. Blaisdell requested that the Board of Selectmen consider this request with the FY 96
Additional Budget. Mr. Mahony stated that the revenue projections will be available next week for review.
POLICE DEPARTMENT MANAGEMENT STUDY: The Town Manager discussed with the Board of
Selectmen the Police Department Management Study. There were only two bidders and four organizations
objected to the bid specs. The Town Manager stated that the source of funding for this study is unclear and the
Board must decide to act on this bid. The choices are: Rewrite the specs and rebid; choose a proposal; or reject all
the bids. The bids are in the range of approximately$ 13,500 -$ 17,500.
QUANTUM OF TOWN MEETING VOTE: Town Counsel has submitted their opinion regarding the deletion
of a quorum requirement at Town Meetings. Their opinion is that the Board of Selectmen may file legislation for
any purpose including legislation seeking an exemption from provisions of the Charter which requires a simple
majority vote of the Town Meeting.
LICENSING COMMISSIONERS: John Savastano made a MOTION, seconded by Donald Stewart,to move into
licensing;vote approved 5-0.
Public Hearing-Revocation of Common Victualler's License Issued to Peter A.Andrews Individually and as
PAA,Inc.,d/b/a Star Pizza, 15 First Street: John Savastano made a MOTION,seconded by Kenneth
Crouch,to revoke the Common Victualler's License issued to Peter A.Andrews individually and as PAA,
Inc.,d/b/a Star Pizza, 15 First Street;vote approved 5-0. (Jeanie Kelly, girlfriend of Peter Andrews, spoke to
the Commissioners and informed them of many structural, mechanical, and safety concerns that she and
Mr. Andrew have noted, as tenants at 15 First Street.)
Public Hearing-Request for a Common Victualler's License-Paul Dedoglou d/b/a Star Pizza, 15 First
Street-Kenneth Crouch made a MOTION,seconded by Kevin Foley,to grant a Common Victualler's
License to Paul Dedoglou d/b/a Star Pizza, 15 First Street,North Andover,contingent upon the following:
Minutes September 18, 1995 Page 2.
1. That a parking plan be prepared identifying parking spaces on the property and be placed on file with
the license. This plan must be approved by the Building Inspector.
2. The parking plan must indicate parking spots for the Star Pizza establishment,for the other
commercial property,and for the apartments.
3. Further,the number of seats allowed in the seating plan is 2 times the number of parking spaces.
Vote approved 5-0.
PUBLIC COMMENT: Kevin Foley announced that Mr. Bill Griffin,former candidate for Town Manager was
hired as the Town Manager in Dedham,Massachusetts,by a 5-0 vote.
COMMENDATION-ROBERT ST. HILAIRE: The Board of Selectmen presented Robert St. Hilaire a Youth
Services employee with a commendation. Mr. St. Hilaire assisted Mr. Mark Powers with immediate medical
attention while Mr. Powers was experiencing a heart attack.
THOMSON SCHOOL FUN RUN: Kevin Foley made a MOTION,seconded by Kenneth Crouch,to grant
permission to the Thomson School PTO to hold a fun run on several streets near the Thomson School on
September 27,1995 at 5:00 PM(rain date September 29,1995);vote approved 5-0.
APPROVAL OF PERMIT FEES: Kenneth Crouch made a MOTION,seconded by John Savastano,to
approve the new permit fees schedule for Building Permit Fees,Plumbing Permit Fees,Electrical Permit
Fees,and LP and Gas Permit Fees;vote approved 4-1 (Donald Stewart opposed).
CULLEN AVENUE-MERRIMACK COLLEGE NO PARKING SIGNS: Kevin Foley made a MOTION,
seconded by Kenneth Crouch,to approve the request of Merrimack College to place 25 "No Parking
Anytime-Tow Zone"signs on Cullen Avenue,as recommended by the Police Department;vote approved 5-
0. Merrimack College will purchase and place the signs themselves, and the North Andover Police Department
will have the authority to enforce parking violations on Cullen Avenue.
BID RESULTS-BOND ANTICIPATION NOTES: John Savastano made a MOTION,seconded by
Kenneth Crouch,to accept the pricing of the Bond Anticipation Notes in order to he amount of$3,873,100
at 4.18%for a net cost of$ 160,097,as reported by the Finance Director;vote approved 5-0.
SPECIAL TOWN MEETING ARTICLE-REA STREET: Kenneth Crouch made a MOTION,seconded by
John Savastano,to lay out the way of a portion of Rea Street as indicated on Plan# 10015,dated
December, 1984 and revised June 1985,which is 39,250 square feet;vote approved 5-0.
OSGOOD HILL USAGE COMMITTEE: Jay Willis and George Perna discussed with the Board the status of
the Stevens Estate at Osgood Hill. Fiscal Year 1996 forecasts a profit of$ 17,282+. Mr. Willis and Mr. Perna
briefly discussed the status of the Request for Proposals to recommend a usage of the center. The Committee is
requesting permission from the Board of Selectmen to continue the employment contract of the Manager of the
Stevens Estate at Osgood Hill,to renovate the gate house, and to hire a person to live in the gate house in exchange
for 20 hours per week of labor.
Continuation of Employment Contract of Manage -Kevin Foley requested that a performance appraisal of
Paula Fanning,Manager, Stevens Estate at Osgood Hill,be submitted to the Town Manager. This contract is due
to expire September 30, 1995, and with the approval of the Town to continue for an additional 12 months to expire
September 30, 1996. Kenneth Crouch made a MOTION,seconded by Donald Stewart,to continue this
contract agreement for an additional 12 months to expire September 30, 1996;vote approved 5-0.
Gate House Tenant-The Usage Committee is also recommending some renovations to the Gate House and
permission to enter into an agreement to rent the facility at a price of$750 per month(no utilities except water
Minutes September 18, 1995 Page 3.
included). "Payment"for the rent will be through a working agreement with the tenant. The tenant will be
required to perform 20 hours of labor per week at the estate. This working agreement will be sent to Town
Counsel for their approval prior to the Town entering into the agreement.
The Board requested that the following questions be answered and reported back. Will special liability insurance
be necessary? Will this person be covered by the Town's Worker's Compensations Insurance? What employment
unit will this person be employed under? What are the tax implications? Any problems with this working
agreement must be reported to the Board of Selectmen.
Kenneth Crouch made a MOTION,seconded by Donald Stewart,to authorize the Town to enter into a
working agreement as proposed by the Osgood Hill Usage Committee subject to Town Counsel's approval
and subject to a report back to the Board with answers to the questions(listed above);vote approved 5-0.
SIMS INSURANCE CLAIM: C. Randolph Sims, Jr., has requested that the Town reimburse him$250.00 for
repair of damage to an automobile caused by a limb falling from a tree in the Bradstreet School parking lot. The
Finance Director will get a direct response from Town Counsel relative to this claim. (Town Counsel had
previously sent an opinion relative to the Town's liability from trees damaging vehicles.)
PERSONNEL BYLAW REPORT: John Savastano left the room during this discussion. The Town Manager
provided a report which indicated all the employees who are receiving a"Personal Rate" and/or above the
maximum rate of a compensation plan in the Personnel Bylaw. The Board discussed strategy to have the Personnel
Bylaw changed to reflect the rates issued to employees. Changes to the Personnel Bylaw must be approved by
Town Meeting and the Town Manager recommends that a new Personnel Bylaw be proposed for approval at the
Annual Town Meeting in May. Mr. Mahony suggested proposing the present salary rates and modifying the
maximum rates to bring employees into alignment with the Bylaw. The Town Manager answered questions the
Board had pertaining to individual personal rates.
Kenneth Crouch made a MOTION,Mr. Leeman passed the gavel to Donald Stewart and seconded the
motion,to reaffirm that pay raises for employees under the Personnel Bylaw are based on performance
evaluations and merit increases. The Town Manager is directed to work with the Finance Director to
prepare a schedule of the bylaw employees who presently receive personal rates to bring them into
compliance with the Bylaw and set a policy that there are no more personal rates.
Anna Foster discussed a motion she made at the previous Annual Town Meeting and requested that the Board of
Selectmen appoint a panel or committee appointed by the Board of Selectmen to review the bylaw. John Leeman
stated that he did not want this committee to be comprised only of employees. Kevin Foley stated that he believes
the committee should be open to all citizens interested in serving particularly those with a Human Resources
Professional background. John Leeman withdrew his second to the motion. The appointment of this committee
will be discussed at the next Board of Selectmen's meeting.
BETTERMENT ASSESSMENTS: The Board discussed an analysis of the Specific Betterment versus the
General Benefit with an incremental impact on the sewer rate. It was explained that built into the sewer rate is an
adjustment which allows the town to maintain the necessary cash flow. This adjustment is needed so that notes
will not be issued to cover the cash flow needs,which helps to maintain the stabilization of the rates. Kenneth
Crouch warned that the stabilization of the rates is very important and the betterment assessment policy established
by the Board must not allow anything that will cause a large jump in the rates.
Kevin Foley stated that the length of time it has taken to come up with a policy has caused anxiety among residents
who will be affected by the Betterment most. The prevailing sentiment is that they"just want to get on with their
lives." He further stated that some people are saying, "just assess us!"
Minutes September 18, 1995 Page 4.
Kenneth Crouch made a MOTION,seconded by Kevin Foley,to establish a subcommittee consisting of
John Leeman and himself. This subcommittee will come up with a Betterment Assessment rate and hold a
public hearing in one month;vote approved 5-0.
EXECUTIVE SESSION: Kenneth Crouch made a MOTION, seconded by John Savastano,for the Board of
Selectmen to move into Executive Session for the purposes of discussing the character and professional credentials
of an employee;the Board was individually polled and voted unanimously to move into Executive Session;vote
approved 5-0. No votes were taken while in Executive Session.
Melissa Powers, Admin. Secretary