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HomeMy WebLinkAbout1982-12-20 Board of Selectmen Minutes~:3~December 20, 1982 (continued) Chairman McE~roy's explanation) (2) e~ther The main purpose of the meeting was To request Gayton Osgood to resign as the Community Devel- opment Director,. o~:~retai.n him. This, McE¥oy said.~-brLugs you ~ up to da~e as ~o ~he meetings ~hat were he~d on lh~s matter~ a~d should ~swer ai~ your questions. The m~n purpose of meeting ~on~ght ~s ~o rem~n ~ ~he ream of the ~aw. The object of lh~ mee~g ~ to determ~e whether or no~ we sh~ retain Mr. Os~od as D~ec~or of the Community Deve~opmen~ Off,ce. There wH~be no~u~ room action ~ th~s room ~on~ght. If someone has a statement to make accep~ ~t, bu~ noone ~s going to cross-exam~e ~yone. AHen Breen ~ked the Cha~m~ ff he dAdn't ~h~nk ~t s~r~ge lhat Gabon Os~od, Rep. Hermann ~d olhers were no~ ~wed ~o meet w~th ~he Selectmen ~d Secretly bu~ had ~o rem~n outside lhe E.O.C.D. office? Se~ectm~ D~rusc~ sta~ed ~ha~ he fe~ Hke a foo~ represent~g ~he Town h~ the Secret~,s Office. said ~he~own)wou~d.hav~been better off ~f he had represented Gabon Os~od. Peter Breen ~ated that Gabon had worked on lhe p~ect day by day ~d ~hat he knew the pro~ect be~ter th~ ~yone. A~torney M~den, representing Gabon Os~od, ad~sed ~he Board that he had ~nt lhem a ~etter out~g h~ ~ews on the matter and he d~dn't ~tend ~o re~sh h~s re~ons He stated ~ha~ Mr. Osgood shou;d be ad~ed on what specffAc ch~ges the Bo~d ~ ~ssu~g aga~st h~m, wha~ rea~ns d~d they have for ~heir d~ssat~facfion wi~h h~s work. The~ ~ferences ~d Matthews ~ferences p~aces Gabon ~ ~ unfa~ posi~on because no specific char~s have been made ~d no time has b~n ~owed for h~m ~o respond to same. Ch~rman McEvoy stated that th~s Board has never had an~h~g ~o say ag~st Os~od's ~e~ity, tha~ there was no~h~g wrong w~th h~s adm~n~trat~on of money, that they never had challenged ~s honesty. It was the fact that other n~ects not done, ]~%d-takD.~ not taken c~e of, and the pu~?bse.Of~l~e_~eoth%~ ~ ~ ,' ~y-by-ni~ht decision, that they had uone over facts Selectm,~u Graham's comments: Just to put thugs ~to perspective, I think I have made my po~ts clear on a ~uple occas~ns. Let's renew with you for a couple m~utes on why I came to the decis~n ~ did. 'Maybe the other members may have come to the~ ~nclus~ns based on other factors. I look at these Grits coming ~to Town as ser~ng two purposes. One was to get the job done with certa~ pr~rJties ~ Town. 2, To do a good job on these ~ts so we could possib~, hopefully, ~t future ~ts. I br~g that po~t up because of the possibility ~ this Town of someth~g deve]op~g with Da~ ~ Furber . The p~blem ~ is that ~ you don't run these funds ~d you run ~to a couple of p~b]ems. You either waste money because you don't get~ on time , you lose money because the State ~ unhappy the way you ~e do~g yo~ job ~so decrease your chances of gett~g future ~ants. I look at the ma~ p~b]ems with t~e current ~t , there ~e a couple items here. F~st of aH, ~ Mr. McEvoy mentioned, is th~?g8~ ~t, the Hous~g Rehab Gr~t. We have ~ e~ension on that ~t l~t summer and it uppers now we sh~l have to ~k for another e~ens~n ~ Febru~y. That's not go~n~ to ' the State and, that's not going to help any matte~ we have gettiag another ~ant. The second-~tem i~ 1981 Grant, now particularly the Senior Cente~. Now as far as I am concerned, the ~ice of ~ -~.~ building came in at something like $520,000 vs. a com-~~, .............. ~ ~"= when you take out a~chitectual and engineeNng ~ees, so it's a difference 6f $200,000; but [ wo~ld like to point out that that $200,000 difference in itself fs almost a bad,bones numbe~ because Charles Const. has told us that they came in with the lowest bid that they possibly could comejn w~th. $~e'have three bids on that same job from other companies that ave in excess of that 5id by $1~0,000. As as I am concerned, there is no excuse whatsoever for something getting out of control that m~ch. In addition to that, I think that the wa~ the;S~n~o~ Cente~ came out. the whole balance o ?~g~, and thru m one thing that By~on;Matthew~ ha~ ~oi-~2 ~.,~ +~ .......... ~ t~e?~og~am m ~ne first place beca me we bad a certain disifibution of funds, and we have chanSed those ~ompletely. That in itsel~ will not please M~. Matthews, ~and it's not going to please whoever succeeds him either. Anothev~p~oblem with the 1981 grant is that we have only spend 25% of the money o~ the ~irst yea~s funds. Now, that first years ~unds became available Octobe~ i, 1981 - $800,000. So Far we have only spent a little over $200,000, and we have been in the p~ogram fo~ 15 months. Now, if you talk with the people at E.O.C.D.,they will tell you that the no~mal te~f one of those g~ants is 15 months so, we should have almost spent o~. entire $800,000, and we have only spent something slightly in excess o~ $200,000. Now, the ~eason I feel that changes a~e needed is that we a~e not meeting the schedules and weYe not spending the money e~ectively, and we ave also having a major problem with the key element of that first yea~s p~ogram which is the Senio~ Center. Now, my overall ass essment is that the g~ants a~e generally in poo~ shape, and if we don't make a change in what we a~e doing there, we'~e either going to waste money, and I don~t mean that anyone will just go out and throw the money away, what I mean by that is that is by delays, delays cost us money because costs go up. We a~e going to jeopavdf: the remaining $2.2 million that a~e in there. You know, weYe not talking $50 o~ $100,000 - we,re $2.2 miHion~ Now, i~ you've going to use that money effectively, you a~e going to have to get some people in the~e that know the ~opes and have the expeNe~ce to handle that. That's not something play a~ound with. In addition to that, we a~e going to get lousy g~ades at E.O.C.D for the performance- we're not meeting costs, and we're not coming in an schedule. Now, as far as Gayton Osgood is concerned, bluntly, there is no question; I do not disagree at all with what Mr. McEvoy said, there is no question in my m~nd about his honestly. I ~eel, however, in all candor, that I have serious questions about whether Gayton is expe~ienc~ enough to handle a p~oject of this level; and in summary, I am sitting here today and I'm looking at $2.2 million staNng me in the face, I'm looking at a P_gs$ibility of wanting to get future g~ants be it Davis & Fu~bev, I look at the fact that weYe ove~ on the majo~ p~oject, we've behind schedule, and I say to myself, if I don't do something now ov I don't contribute to doing something now to make those changes, then we can be in ~eal deep p~oblems late~ on downstream. . I don't find it pleasant at aH to do this. As a matter of fact, it would be just as easy fo~ me to go along and let things vide. [ think the ha~d thing to do is to do what what we'~e doing. But [ figure it has to be done ~om a p~vely management and control standpoint; fran~y ladies and gentlemen, it is not even close. I don't have a choice. Thank you Mr. Chairman. December 20, 1982 (continued) (3) 4~9 Selectman Joyce stated that when he went to Boston with Selectman DiFruscio he was surprised at the Secretary's remarks. He had discussed the situation with Gayton and and confronted him with the problem. Joyce then evaluated Gayton and his performance and came to the conclusion that understaffing of the office was involved and was still confident that Gayton is capable of doing the job. Selectman Salisbury stated that Gayton has worked for the Town day and night. If the Selectmen were unsatisfied with his work, they weren't doing their job as Gayton's employers not to tell him. An employee should be treated fait~ly and, in this ease,, the public has the right to know the reasons they think Gayton's performance is nezligent, they should go over the facts 1 by 1. Atty. Marden said that Selectman Salisbury was right that Gayton had provided all the information and data and had looked to the Selectmen for support. He presented reports every week to the Board. Gayton had no warning that his job was in ieopardy, the whole affair, in his opinion, was being conducted very unfairly. On Selectman DiFruscio's charge that names of people who were awarded moneys from the Grants were not made public, both Gayton and Ed Scanlon stated that peop]e did not want their names made public, to have people know they had to have help. Several people attended the meeting and spoke highly-of Gayton's work; the Highway Surveyor, Building Inspector. Board of Health. Chairman of the Council On Aging, members of the Personnel Board end,meeting room was over- flowing with townspeople indignant at the Se]ectmen's treatment of Gayton and high in their praise of Gayton's dedicated service and work for the Town. Gayton had prepared a statement in a letter to the Selectmen and received permission to read the following: Selectmen: I would like to take this opportunity to state my case with regard to my employment by the Town of North Andover as Community Development Director. This past month has been one of the most difficult periods in my life. The Board of Selectmen has-forced me into a position where, in order to defend my honor and integrity Ihave had to take actions that are against my nature and that have cost me and my family a great deal in emotional and monetary terms. I have lived in North Andover all of my life and I intend to stay here, therefore it is extremely important to me that my reputation not be put in'jeopardy over a situation that is really a philosophical disagreement. In the three and one half years that I have worked for the Town of North Andover I have never taken any actions or made any decisions that I did not ghink were in the best pf the town. As Community Development Director, I had to make decisions on an every day .. basis that affected the town and I always made my decisions based on what. I perceived as ithe needs and desires of the whole town and not those of one or a few indi, v~'duals. As you know, there is always someone or some group that disagrees with every,'decision made by a :pUblic official and I am not so naive that I expect that everyone was happy with all of my decision, s. The Senior Center is a case in point.. Although many of the decisions regarding .the Senior Center were made by the Board of Se].ectmen. and not me, the fact of the matter ~s that Byron Matthews. !Secretary of the Executive Office of Communities and De. velopment) disagrees with the decisions that were made. This does not mean that these decisions were wrOng or that they were not in the best interst of the town. It means that there exists a disagreement. At the Selectmen's meeting on November 18, one of the reasons given for my dismissal was that I lacked credibility with Mr. Matthews. Since that timel Mr. Matthews has been 'quoted as saying that he has no problem with me. I could go on and cite each of the negative statement~ made about me by three,members of the'Board on November 18, to the newspapers and in private. None of them justifies the insult of a surprise, public dismissal. I know of no instance in the 336 year history of this town when a public emp]oyee who has served the town to the best of his ability has been treated so shabbily and discourteously and in a manner so disigned to give rise to questions. My' major disagreement with the Board right now is the manner in which the end of my employment with the town has been handled. Contrary to what Mr. McEvoy said on radio station WCCM today, I was never asked for my resignation by the Board. Mr. McEvoy also stated on WCCM that the Board wanted to handle this whole matter very quietly but that I was uncooperative and brOught all my friends to an open meeting on November 18. I went to the meeting on the 18th not knowing what if any action the Board had in mind. I was never asked for my resignation before, at or after the 18th. It was not until Mr. Graham .~ made his motion at' the end of the meeting on the 18th that I knew that dismissal was what the Board had in mind. The fact that Mr. McEvoy wanted to handle this matter quietly would seem to indicate that some information should be kept from the public. I think that I have indicated by my actions to date that I do not share this view. I believe that every- thing involving the dismissal or resignation of a public employee should be done in the open and subject to public scrutiny. If the Board chooses to voie' to dismiss me tonight, I believe that the Board has an obligation to me and to the citizens*of North Andover to clearly state their reason so that there will be no lingering questions about the matter. If the Board chooses to ask for my resignation tonight, the Board should make it clear that this is over questions of decision making and and philosphy and that this should be accompanied by an offer of severance pay. I do want to thank the two members of the Board of Selectmen who have supported me in my desire to clarify this matter. 440 DECEMBER 20, 1982 (continued) (4) Charles Foster, Building Inspector, stated that he had met with Gayton and the architect on the Senior Citizen Center and said it was a sound, maintenance free plan and that he was not surprised that the cost of the center went up. He remarked that the Selectmen shouldn,t have been surprised, also, that they had received weekly reports from Gayton, especially Selectman Graham who was on the committee. To sum up, he said, the Selectmen have been part of the planning of the Senior Center every step of the way from the word go and if they had had any questions all they had to do is consult Gayton, the architect or him. If they are going to point the finger at anyone it should be themselves for the lack of interest and cooperation they gave. The summary of everyone's comments present at the meeting was that Gayton should be given more help ,,.that to hire a newcomer would put the project way behind schedule, that Gayton's expertise should not be wasted.. That the Board has not listened to the townspeople, that the whole affair is not being handled properly. A motion was made by Selectman Graham that Gayton Osgood be requested to submit his rasignatiSn 8s,_~Community Development Director with the intent to a him a t..o...~e~ ~ '~e~l~r established at the n x, rn~ ~--:-- - P~ Y. _ - .se,verance pay. · ' e ............ ~. ,,~uL~u~z ~econaec~ Dy ~electman ~ll~r/~l~ ~o,~-~o~,~_gas ,3-2...Selectmen Salisbury and Joyee opposed. Added to · Wa~ to ~~uben as Acting Director. A second.motion was made by s~lhe~%mm~ ~' Saiisbu ~',/[~,f~e Board provide a clear set of reasons why Mr. Os d was ion ~' resign ~V~te'~/as 4~-1~.~- . ....... goo requested to Mr. O o'o~d st~bmit-h~4 ~-~'~+~'-~ ~mrc..mouo. n was made and seconded that --~-S,,~L~A wA~nm za hOUrS, mo vo~e taken on the motion. The reason: , Mark DiSalvo said, should have been incorporated in a letter that contained the request for resignation to Gayton which would have given him a fair chance to answer the Selectmen. At this point Bud Cyr, Highway Surveyor, stated that Selectman Graham owed the townspeople and friends of Gayton Osgood an apology for referring to them as a "Gang,, at the last meeting. They had come to,the meeting with good intentions and didn't deserve that label. Selectman Graham replied that he uses that term with his own family'but if Bud was that supersensitive about it, he would apologize for using the term. Selectman Salisbury repeated his op/nion that the Selectmen come to a set of personal praetioes where we~go over employee,s procedures. He would have preferred, frankly, before they got into this mess, .that we cheek pointed people on '~;monthly basis and set what we expect them to do and measure them on a 3 monthly basis on what has been accomplished. And, he went on, the Selectmen have not done that and Gayton should have a set of reasons he could live with. Other employees, also, should have the assurance of having fair employers. Gayton that he would like a set of written reasons before he submitted his resignation. . stated Selectman Joyee outlined the motions previously made and in agreement with Selectman · Salisbury that Gayton should have a set of reasons before submitting his resignation stated that he would like the Board to direct Executive Secretary, Brian Sullivan, to brief the three members of the Board for their reasons why Gayton was being asked to.resign by Friday and the Board would convene again on Monday nex~ on the matter. Gayton to be given a copy of the reasons by Friday. Chairman MeEvoy asked Town Counsel if the previous two votes were incompatible. Town Counsel stated that the first vote requesting Osgood,s resignation with severance pay can stand, that it was compatible. The second motion made by Salisbury was to establish a personnel policy for the Board and was quite compatible. Both motions could stand. After sumnation of Town Counsel,s reply, it was motioned to adjourn. Alice M. Letarte, Secretary *********************__***** DECEMBER 2?, 1982 The Board of selectmen held their regular meeting on this date with all members present. The warrant was approved as submitted. JURORS: The following persons were drawn for jury duty for February 3rd Sitting: Lawrence Robert R. Belisle, 1~3 Dale St. ~. ~ ~ Newburyport - Dodie Boisvert, 42 Kingston St. Salem John Longo, 28 Autran Ave.,- Thomas E. Donald, 120 Edgelawn Ave. Francis M. Ryan, 463 Johnson Street. HOST COMi~UNITY FEE-REP. HERMANN: The Board took this opportunity to highly thank Rep. Joe Hermann for his efforts that cul- minated in the signing of legislation by Governor King which will protect the Town's host community fee of the Solid Waste plant. Selectman Salisbury stated that it has taken three years of continuous effort on Rep. Hermann,s part to finalize this legislation. It protects the Town's fee of $I.00 per ton and allow the fee to go up to SU. 501ton by 1985 whioh means revenue to the Town will be 25 million in revenue instead of ]0 million. Mr. Salisbury said Rep. Hermann should be highly congratulated for his services to the Town. Rep. Hermann said he wanted to thank Brian Sullivan especially for keeping him on his toes and helping in every way. LICENSING OOMMISSIONERS: HEARING: BUTCHER BOY MEAT MARKET TRANSFER: A hearing was held on the application to transfer the Butcher Boy Meat Market, Iht.wine and beer license to an all alcoholic license, Retail Package Goods Store. As no one present had any objections, it was unanimously voted to approve the transfer.