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Home My WebLink About2019-05-28 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 28, 2019 CALL TO ORDER: Chairman Regina Kean called the meeting to order at 6:00PM in Board of Selectmen Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Regina Kean, Clerk Phil DeCologero, Licensing Chairman, Chris Nobile, Richard Vaillancourt, Rosemary Smedile, Acting Town Manager Lyne Savage, Deputy Town Manager, Denise Casey, Town Counsel, Suzanne Egan and Executive Assistant, Laurie Burzlaff. EXECUTIVE SESSION Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(2) to discuss strategy with respect to the Recreation Complex litigation and to return to Open Session at the conclusion of Executive Session. Chairwoman Kean declared an open meeting may have a detrimental effect on the Board’s litigating and negotiating positions. Roll call vote: Vaillancourt-yes; DeCologero-yes; Kean-yes; Nobile-yes and Smedile-yes. The Board returned to open session at 6:30PM. PLEDGE OF ALLEGIANCE PUBLIC COMMENT (taken out of order) Representatives from Hillwood Enterprises, the proposed purchaser of 1600 Osgood Street, announced that their client for the property would be Amazon. Two managers from Amazon were also present for the announcement. SWEARING IN Firefighter Nic Martone Police officer Cesar Quinones Town Clerk, Joyce Bradshaw administered the oath to new firefighter Nic Martone and new police officer Cesar Quinones. PUBLIC COMMENT (continued) Jim Lafond of 329 Osgood Street stated he is opposed to the sale or lease of the Stevens Estate. APPROVAL OF MINUTES Phil DeCologero made a MOTION, seconded by Chris Nobile to approve the Open Session Minutes of May 14, 2019. Motion approved 5-0. CONSENT ITEMS Request of North Andover Merchants Association to use the Town Common for the Fall Festival on September 21, 2019 from 10:00AM-4:00PM and to close Massachusetts Avenue from Academy Road to Osgood Street Chris Palermo from the North Andover Merchants Association was present to request permission to use the Town Common for their annual Fall Festival. All relevant departments have reviewed and have no issues. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of the North Andover Merchants Association to use the Town Common on September 21, 2019 from 10:00AM-4:00PM and to close Massachusetts Avenue from Academy Road to Osgood Street. Motion approved 5-0. Board of Selectmen Minutes May 28, 2019 2 Accept donation from North Andover Merchants Association in the amount of $870 for the Fire Department SAFE Program (taken out of order) Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept the donation for $870 from the North Andover Merchants Association to the Fire Department to be used for the SAFE program. Motion approved 5-0. Accept grant from Essex County Community Foundation in the amount of $21,500 to support mental health first aid access Community Services Coordinator, Deanna Lima, applied for and was approved for a grant from the Essex County Community Foundation in the amount of $21,500 to support mental health first aid access. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the grant from the Essex County Community Foundation in the amount of $21,500 to support mental health first aid access. Motion approved 5-0. Waiver of right of first refusal for affordable unit resale- 178 Cortland Drive, Unit 34 Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen waive the right of first refusal for the resale of 178 Cortland Drive, Unit 34. Motion approved 5-0. Columbia Gas request to excavate on Rea Street Extension for the purpose of installing new gas line This matter was tabled until the Board receives input from the Department of Public Works regarding oversight of the work. Request of Lawrence Leads to fund a portion of their regional needs assessment of the opioid crisis Yesenia Gil presented the request of Lawrence Leads for funding for a regional needs assessment and environmental scan specific to the opioid crisis. Lawrence Leads is a collaborative initiative offered by the Lawrence Partnership, Harvard Business School, and the Alliance for Business Leadership in Boston and part of their initiative is the establishment of the Greater Lawrence Opioid Commission. The Greater Lawrence Health Center has put up $15K of the $25K needed in order to get moving on the scan/assessment. They are looking to the cities and towns to cover the remaining costs. Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve $2000 in funding to support a regional needs assessment regarding the opioid crisis. Motion approved 5-0. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the funds approved for the needs assessment not be released until Deanna Lima has reviewed the information and provided her recommendation. Motion approved 5-0. Appointment of Elizabeth Santana to the Cultural Council The appointment subcommittee recommended Elizabeth Santana be appointed to the Cultural Council. Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen appoint Elizabeth Santana to the Cultural Council for a term ending June 30, 2021. Motion approved 5-0. 2019 Special Town Meeting Warrant Vote to open the warrant Chris Nobile made a MOTION, seconded by Richard Vaillancourt to open the warrant for the 2019 Special Town Meeting. Motion approved 5-0. Acceptance of the warrant The Board discussed funding for the sewer on Route 125 (Article 4) and the subdivision of land for the Stevens Estate (Article 5). Ms. Smedile stated she is opposed to the Stevens Estate articles being placed on the warrant. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to accept the warrant for the 2019 Special Town Meeting. Motion approved 5-0. Vote to close the warrant Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to close the warrant for the 2019 Special Town Meeting. Motion approved 5-0. Board of Selectmen Minutes May 28, 2019 3 Vote to terminate the February 14, 2005 Tax Increment Financing Agreement with 1600 Osgood Street, LLC and Osgood Landing, LLC The owners of the property at 1600 Osgood Street have requested a termination of the Tax Increment Financing Agreement with the Town. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen terminate the Tax Increment Financing Agreement with 1600 Osgood, LLC and Osgood Landing, LLC, effective June 30, 2019. Motion approved 5-0. Waiver of permit fees for energy conservation work at town buildings Facilities Director, Steven Foster, requested a waiver of the permit fees for the air sealing and insulation work at Police Station, Fire Station, Senior Center and Middle School. This work is being done as part of the Mass Save program and is at no cost to the Town. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen waive the permit fees for the energy conservation work at the Police Station, Fire Station, Senior Center and Middle School. Motion approved 5-0. Stevens Estate bookings and liquor license renewal The Board discussed extending the date for acceptance of bookings from December 31, 2019 to September 1, 2020. The Board also discussed whether to renew the liquor license which expires on st December 31. Due to liability concerns and in compliance with the recommendations in the financial audit, Chairman Kean recommended not renewing the liquor license which expires on December 31, 2019. Other towns that operate these types of facilities do not have a liquor license and require the renter to obtain a one day license through a bartending service or their facility is run by a third party that holds the license. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen extend the date for bookings at the Stevens Estate until September 1, 2020 and for any events booked as of January 1, 2020, the renter must obtain a one day liquor license. Motion approved 5- 0. LICENSING COMMISSIONERS Phil DeCologero made a MOTION, seconded by Chris Nobile to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Request of transfer and pledge of a wine and malt package store liquor license from Bapala LLC d/b/a Richdale Dairy Store 75 Chickering Road The applicant was present to answer questions. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Bapala LLC d/b/a Richdale Dairy Store for a transfer and pledge of their wine and malt package store liquor license. Motion approved 5-0. Request of Butlers & Bars for a one day liquor license for event at Smolak Farms from 11:00AM-3:00PM on June 2, 2019 Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Butlers and Bars for a one day wine and malt license for a bridal shower at Smolak Farms on June 2, 2019 from 11:00AM-3:00PM and to waive the police detail. Motion approved 5-0. Request of Notch Brewing for eight one day wine and malt liquor licenses for the following events held at Stevens-Coolidge Place: 1. Mobile Biergarten from 4:00PM-9:00PM on May 30, 2019 2. Pop-up Biergarten from 4:00PM-9:00PM on May 31, 2019 3. Pop-up Biergarten from 12:00PM-7:00PM on June 1, 2019 4. Pop-up Biergarten from 12:00PM-6:00PM on June 2, 2019 5. Pop-up Biergarten from 4:00PM-9:00PM on September 12, 2019 6. Pop-up Biergarten from 4:00PM-9:00PM on September 13, 2019 7. Pop-up Biergarten/Oktoberfest from 12:0PM-7:00PM on September 14, 2019 8. Pop-up Biergarten from 12:00PM-6:00PM on September 15, 2019 Board of Selectmen Minutes May 28, 2019 4 Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Notch Brewing for eight one day wine and malt licenses for Biergarten events at Stevens-Coolidge Place as presented. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen waive the police detail for the events on June 1, 2019 and June 2, 2019 and require the detail for the last four hours only of the events on May 30, 2019 and May 31, 2019. Motion approved 5-0. Request of Ipswich Ale Brewery for a one day wine and malt liquor license for event at Stevens-Coolidge Place from 4:00PM-7:00PM on June 16, 2019 Phil DeCologero made a MOTION seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Ipswich Ale Brewery for a one day wine and malt license for a Father’s Day Bluegrass Bash on June 16, 2019 from 4:00PM-7:00PM. Motion approved 5-0. Request of The Party Connection for a one day wine and malt liquor license for an event at Stevens- Coolidge Place from 5:00PM-7:00PM on June 8, 2019 Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of The Party Connection for a one day wine and malt license for a Soiree at Stevens Coolidge Place on June 8, 2019 from 5:00PM- 7:00PM. Motion approved 5-0. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen waive the requirement for a police detail. Motion approved 5-0. Request of Aaronap Cellars, LLC for four one day wine and malt liquor licenses for the following events held at Stevens-Coolidge Place: 1. Summer Picnic Series from 5:00PM-8:00PM on June 21, 2019 2. Summer Picnic Series from 5:00PM-8:00PM on July 18, 2019 3. Summer Picnic Series from 5:00PM-8:00PM on August 15, 2019 4. Summer Picnic Series from 5:00PM-8:00PM on September 19, 2019 Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Aaronap Cellars, LLC for four one day wine and malt licenses for a summer picnic series at Stevens Coolidge Place on June 21, July 18, August 15 and September 19, 2019 from 5:00PM-8:00PM and waive the requirement for a police detail. Motion approved 5-0. Request of Channel Marker Brewing for a one day wine and malt liquor license for an event at Stevens- Coolidge Place from 4:00PM-7:00PM on June 29, 2019 Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Channel Marker Brewing for a one day wine and malt license for a concert at Stevens Coolidge Place on June 29, 2019 from 4:00PM- 7:00PM. Motion approved 5-0. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt to close the meeting of the North Andover Licensing Commission. Motion approved 5-0. OLD BUSINESS None NEW BUSINESS None TOWN MANAGER’S REPORT The Board was provided with the monthly departmental reports. SELECTMEN’S UPDATES/COMMENTS Rosemary Smedile stated she was concerned about ticks at Grogans Field due to overgrowth. Acting Town Manager, Lyne Savage, stated that the field is closed so nobody should be on it. Board of Selectmen Minutes May 28, 2019 5 Regina Kean stated she went to the public information session for the Stevens Coolidge Place about their plans for expansion and suggested people take a look at their website for information. Ms. Kean also stated that she received a letter from MassDOT indicating they are certifying the low bidder for work at Mass Ave and Route 125 so work should begin in the fall. Ms. Kean thanked the health department for the sunscreen dispensers around town. Richard Vaillancourt thanked the Patriotic Observance Committee and Veterans Services for the Memorial Day Parade. Phil DeCologero thank Paul Hutchins and other town staff for their response to the water main break on Sunday. ADJOURNMENT Chris Nobile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 8:55 p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of 5/14/19 NAMA request Booster Club request Volunteer Form Donation letter Grant letter Waiver request Draft Warrant Termination agreement Permit fee waiver memorandum One Day Liquor license requests Monthly reports