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HomeMy WebLinkAbout1996-10-07 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 7, 1996 CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:30 PM. ATTENDANCE: The following were present: Kevin Foley, Chairman; William B. Duffy, Jr.; John Leeman; Donald Stewart; David Torrisi; and Kevin F. Mahoney, Director of Finance and Administration. (Mr. Halpin was not present at this meeting.) COMMUNICATIONS, ANNOUNCEMENTS AND PUBLIC COMMENT: The Chairman stated that there will be three items added to the agenda: Discussion of additional warrant articles; a new appointment to the Master Plan Study Committee; and discussion of memorandum from Mr. Leeman regarding fund raising of police association. The chairman announced the Selectmen's schedule for the next month and included a meeting on November 14 which will be hosted by the League of Women Voters to discuss the calculation formulas of the Education Reform Act. Mr. Foley also announced the Haunted House at the Stevens Estate on October 29 and 30, as well as the invitation to participate in the Veterans' Day Parade. ACCEPTANCE OF DONATION - RECREATION DEPARTMENT - FROM JOSEPH HOFFMAN: Joseph Hoffman of The Vineyard presented a donation of$ 350.00 to the Chairman to be utilized for the town playgrounds. Donald Stewart made a motion, seconded by John Leeman, to accept this donation on behalf of the town; vote approved 5-0. LEAGUE OF WOMEN VOTERS - EDUCATION REFORM ACT FORUM: John Leeman made a motion, seconded by William Duffy, for the Board of Selectmen to cosponsor the meeting of November 14, 1996, with the League of Women Voter to discuss calculation of proposed refunding of the Education Reform Act formula; vote approved 5-0. SPECIAL TOWN MEETING PUBLIC HEARINGS: The following warrant articles are proposing an amendment to the Code of the Town and the Board held public hearings to discuss. Bylaw- Handicapped Parking Permit/Penalties- Lt. John Carney of the Police Department discussed a proposed warrant article which would allow for temporary disability plaques for parking in disabled parking spots. These plaques will be issued by the Police Department for 60 days with a total maximum of 120 days. All approvals of these are issued by the Police Department provided the Police Department receives a certification from the applicants' physician that the individual is temporarily disabled. Donald Stewart expressed concern that this may increase the problem with insufficient disabled parking spaced. Change in Town Meeting Quorum Requirements- The proposed article allows the adoption of language that maintains the current quorum requirement for opening any Annual or Special Town Meeting but effectively eliminates the "rule of one" or the ability of a single vote to defeat proposed articles when the attendance falls below the quorum required. Dana Fisher, Great Pond Road, spoke in favor of the quorum requirement, however, he is not so much in favor of having a unanimous vote if a quorum is not present. Richard Slade, Bradford Street, discussed his suggestion for continuing Town Meetings without a quorum which would require certain percentages of votes for specific article types. Mr. Slade provided a copy of his suggestions to Mr. Foley. The Board discussed their support of eliminating the quorum requirements and cited that some towns have actually noticed an improvement in attendance, as a result of eliminating the quorum requirement. Noise Control Bylaw- William Scott, Director, Division of Community Services and Development, discussed with the Board the proposed Noise Control Bylaw and the need to amend the article as it will be presented to Town Meeting. William Duffy made a motion, seconded by John Leeman, to amend the proposed Noise Control Bylaw, as presented by Mr. Scott; vote approved 5-0. Christmas Tree Sales Bylaw- William Scott, Director, Division of Community Services and Development, discussed with the Board the proposed Christmas Tree Sales Bylaw and the need to Board of Selectmen October 7, 1996 Page 2. amend the article as it will be presented to Town Meeting. John Leeman made a motion, seconded by David Torrisi, to the amendments to the article as presented by Mr. Scott; vote approved 5-0. Dog Waste Disposal Bylaw- The proposed Dog Waste Disposal Bylaw was discussed by the Board. This article is being presented to Town Meeting for deliberation as a result of some residents requesting it. Emergency Opening of the Special Town Meeting Warrant- William Duffy made a motion, seconded by John Leeman, to open the Special Town Meeting warrant for emergency purposes; vote approved 5-0. Mr. Duffy discussed the following articles which he is presenting to the Board to place on the Special Town Meeting warrant. William Duffy made a motion, to insert the following articles, as suggested by Mr. Duffy; motion failed to be seconded. Stabilization Fund: To appropriate $ 550,000 to add to the stabilization fund: provided, however, that no funds will be added to the fund under this vote until the Town votes to exempt from the limitation on total taxes imposed by Prop. 2 'h this amount. Reserve Fund: To appropriate $250,000 to add to the reserve fund, however, that no funds will be added to the fund under this vote until the Town votes to exempt from the limitation on total taxes imposed by Proposition 2 'h this amount. Mr. Duffy stated that these amounts of revenue are needed to deal with the NESWC accounts payable and to provide the Finance Committee with sufficient funds to handle mid year emergency funding requests from various departments. Master Plan Study Committee Report- John Leeman made a motion, seconded by David Torrisi, to insert an article into the warrant for the Master Plan Study Committee presentation to Town Meeting; vote approved 5-0. Donald Stewart made a motion, seconded by John Leeman, to close the Special Town Meeting warrant; vote approved 5-0. Order of Warrant Articles- John Leeman made a motion, seconded by David Torrisi, to order the warrant articles as presented with the exception to make the Master Plan Study Committee Report as article number two and the rest of the articles to continue as presented; vote approved 5-0. INDUSTRIAL PARK PLANNING PROJECT: William Scott, Director, Division of Community Services and Development, presented a resolution for the Board's approval and issuance which indicates the Board's support of the Industrial Park Planning Project and shows the town equal support from North Andover as well as the City of Lawrence. William Duffy made a motion, seconded by John Leeman, to approve the resolution; vote approved 5-0. Presentation of Industrial Park Planning Project by Merrimack Engineering - Steven Stapczynski of Merrimack Engineering presented the proposed Industrial Park Planning Project. The preliminary feasibility study has been undertaken. The wetlands and wooded lands have been identified. The project is to include extending sewer into the area as well as water. The proposal also includes the extension of Clark Road to provide frontage and access to the building pods. The next step is an application to be filed with the Conservation Commission for a Request for Applicability and then to go out for bid for construction in the Spring. Board of Selectmen October 7, 1996 Page 3. TOWN MANAGER'S RECOMMENDED FISCAL YEAR 1997 BUDGET TRANSFERS: The Board reviewed the Town Manager's recommended fiscal year 1997 budget transfers as presented in Mr. Halpin's memorandum dated October 4. The proposed transfers are as follows: Source of Funds Application of Funds Additional State Aid $ 100,818 School Facilities Planning Overlay Surplus $ 360,000 Design Fees $ 275,000 Budgeted Surplus Comp. General Approp. Article $ 180,818 Insurance Plan (Re-bid) $ 77,282 FY 97 Budget Transfers $ 77,282 The budget transfers will be on the next Selectmen's agenda after the Finance Committee reviews it. FINANCIAL POLICIES -AS APPROVED BY THE SCHOOL COMMITTEE: The School Committee endorsed the financial policies dated July 22, 1996 and presented a resolution to support the action. John Leeman made a motion, seconded by Donald Stewart, to concur with the School Committee's resolution; vote approved 5-0. BUDGET PROCESS -GOAL BASED BUDGETING: The Board discussed with Mr. Mahoney the need to begin the budget process and to get communications out to the departments. POLICE DEPARTMENT - EMPLOYEE RELATIONS IMPROVEMENT EFFORT -CONTRACT AWARD: The Town Manager in his memorandum dated October 4, 1996, recommended awarding the contract to the MMA Consultant Group, Inc. John Leeman made a motion, seconded by Donald Stewart, to approve the award of this contract; vote approved 5-0. Mr. Richard Nardella, Haymeadow Road, discussed with the Board his concerns to the issuance of this contract. Mr. Nardella stated that that the Board should table the issuance of this contract to discuss the need to address the past and present allegations. He stated that the scope of the study should be expanded or an addendum issued to include the recent allegations centering around fundraising activities within the department. Mr. Foley stated that the appropriation of the funds for this study was approved at Town Meeting 18 months ago and the town should move forward with it. Mr. Leeman stated that the concerns over the fund raising may be addressed after the award of the contract by requesting an addition or change in the deliverables to the contractor to address the recent concerns. POLICE DEPARTMENT - FUND RAISING ACTIVITIES: Mr. Leeman discussed the need of the Town to develop a policy of when and how town associations may raise funds. He presented the following: 1. The Selectmen should develop a policy outlining how and when any fundraising associated with the Town of North Andover should be conducted. Also included should be a policy regarding what activities an employee can engage in while being paid by the Town. 2. The Selectmen or the Town Manager should immediately contact the Attorney General's Office and ask for an investigation into the fund raising activities of the Police Department and the charges that have been brought forward by the Patrolmen's Union and the Police Chief. David Torrisi made a motion, seconded by Donald Stewart, to appoint a subcommittee of John Leeman and William Duffy to gather information regarding the implementation of a policy regarding fund raising for the Town of North Andover and bring a proposed policy to the Selectmen's meeting of October 21, 1996. And, to meet with the Town Manager, Police Chief, and Union Officials regarding a third party review of prior fundraising activities by the Attorney General's Office; vote approved 5-0. Board of Selectmen October 7, 1996 Page 4. CONSENT ITEMS: John Leeman made a motion, seconded by David Torrisi, to approve the following consent items, as recommended by the Town Manager; vote approved 5-0. Knights of Columbus Tootsie Roll Drive - Saturday, October 26, 1996 and Sunday, October 27, 1996 - 8:00 AM - 4:30 PM each day. "Booths"to be set up at the intersections of Mass. Avenue/Great Pond Road and Waverly Road / Main Street. Horribles Parade and Halloween Show- Sunday, October 27, 1996 - 12:00 PM - 6:00 PM at the Old Center Common. Halloween Trick or Treat Hours- October 31, 1996 from 5:00 PM - 7:00 PM. Roller Ski Race - Sunday, November 3, 1996 - various roadways. Veterans' Day Parade - November 11, 1996 Close First Street from 9:00 AM - 9:30 AM and use Main Street for parade. Holiday Festival - Sunday, December 1, 1996 1:00 PM - 6:00 PM - Old Center Common. To close Massachusetts Avenue from Osgood Street to Andover Street during the event, as well as permission to hang banners advertising the event from Fire Stations 1 and 2. APPOINTMENTS: Town Report Committee - John Leeman made a motion, seconded by William Duffy, to appoint the following for a one year term to the Town Report Committee; vote approved 5-0: Joyce Bradshaw, Town Clerk; Janet Eaton, Assistant Town Clerk; Karen Robertson, Admin. Assistant to the Town Manager; and Guenter Loeser, resident. Reappointment of Town Accountant- David Torrisi made a motion, seconded by John Leeman, to reappoint Laurie Elliot as the Town Accountant for a three year term to expire November 8, 1999; vote approved 5-0. Master Plan Study Committee - John Leeman made a motion, seconded by William Duffy, to appoint George Koehler to the Master Plan Study Committee; vote approved 5-0. EXECUTIVE SESSION: John Leeman made a motion, seconded by David Torrisi, to move into Executive Session for the purposes of discussing ongoing litigation with Stack vs. Town of North Andover, as well as general discussion of appointments of Special Counsel; vote approved 5-0. Melissa A. Powers, Administrative Secretary David Torrisi, Clerk of the Board