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HomeMy WebLinkAbout2019-12-16 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES December 16, 2019 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 6:30PM in Meeting Room at Town Hall. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Chairman, Regina Kean, Chris Nobile, Phil DeCologero, Town Manager, Melissa Murphy Rodrigues, Deputy Town Manager, and Director of Administrative Services, Laurie Burzlaff. EXECUTIVE SESSION Executive Session pursuant to M.G.L. chapter 30A, §21(a)(3)- to discuss strategy with respect to collective bargaining (AFSCME Professional Librarians) and Executive Session pursuant to M.G.L. chapter 30A, §21(a)(3)- to discuss strategy with respect to collective bargaining (AFSCME Clerical) Chairman Vaillancourt requested a motion to enter into Executive Session and declared an open meeting may have a detrimental effect on the Board’s litigating position. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(3) to discuss strategy with respect to collective bargaining with Professional Librarians and Clerical Unions and to return to Open Session at the conclusion of Executive Session. Roll call vote: Nobile-yes; Kean-yes, Smedile-yes, DeCologero-yes; Vaillancourt-yes. Motion approved 5-0. The Board returned to Open Session at 7:05PM PLEDGE OF ALLEGIANCE PUBLIC COMMENT Will Carpenter of the Merrimack Valley Chamber of Commerce asked the Board to continue to be fair with the tax rate and possibly lower it for businesses. Ellen Mosier of 137 Kara Drive, stated Holly Days at the Stevens Estate was a success. Melissa Rivers of 179 Andover Street stated she is opposed to the license renewal for the Stevens Coolidge Place as it is too broad and requested some limitations be put on events. PUBLIC HEARING Tax classification hearing-In accordance with General Laws Ch. 40 Sec. 56, as amended, to determine the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the FY2020 tax rate. The purpose of the hearing was to receive comments regarding classification and taxation of property according to use. Rosemary Smedile made a MOTION, seconded by Chris Nobile to open a public hearing in accordance with General Laws Ch. 40 Sec. 56, as amended, to determine the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the FY2020 tax rate. Motion approved 5-0. The Board was given materials provided by the Assessor’s Office. Finance Director, Lyne Savage, and Town Manager Rodrigues presented the information and responded to questions. Ms. Savage explained that historically the Board has voted on a split of 83% borne by residents and 17% borne by businesses. If the Board chooses a factor of 1.36 (which was chosen last year) the split would be 82/18. To keep approximately 83/17, the factor is 1.29. Ms. Rodrigues explained that if the average single family home assessment remained the same, this would mean an average increase of approximately $274 and average commercial would increase by $857. The tax rate for Fiscal Year 2020 would be $13.89. Ms. Rodrigues stated that the Commercial value growth was much higher than residential. Last year was a revaluation year which is why residential went up so much. In response to a question from Mr. DeCologero, Ms. Rodrigues stated the average home value is $553,731. Ms. Smedile stated that residents were bearing too much of the burden several years ago so they tried to balance it more with the split. Ms. Kean stated that the town could have a higher shift than 1.29 and still have a tax rate below neighboring communities. Mr. Nobile asked how much commercial business is here today compared to ten years ago and suggested the Board think about changing the split. Mr. Vaillancourt stated that the 83/17 is a benchmark and it keeps the Board from drifting too far one way. Board of Selectmen Minutes December 16, 2019 2 Chris Nobile made a MOTION, seconded by Regina Kean to close the public hearing to determine the percentage of local tax levy which will be borne by each class of real and personal property, relative to setting the FY2020 tax rate. Motion approved 5-0. Vote to set property tax classification for FY20 Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen adopt a residential factor of 0.9561 for the purpose of classifying the FY2020 North Andover property tax rates. Motion approved 5-0. GOVERNMENTAL REPORTS Town Manager recommended Capital Improvement Plan for FY21-FY25 The Town Manager’s Recommended FY2021-2025 Capital Improvement Plan was provided for review. Per Chapter 9, Section 5-1 of the Town Charter, the Board of Selectmen has 30 days to act on the CIP and forward to the Finance Committee once approved. Town Manager Rodrigues presented the information. Funds for the Senior Center have increased as a placeholder. Once the bids come in, she will have a better estimate of the construction costs. The Town Manager recommended that the Board accept the CIP as submitted reserving the right to make any changes at future meetings. Ms. Kean and Mr. Nobile asked about interest rates and why the town wouldn’t borrow while the rates are low. Ms. Savage explained that the Town has a stabilization fund to address future projects and there will still be plenty of free cash left after funding the Capital Plan. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen accept the FY2021-2025 Capital Improvement Plan reserving the right to make changes as additional information becomes available and to forward the document to the Finance Committee for their review. Motion approved 5-0. Town Manager Five Year Financial Forecast Town Manager, Melissa Rodrigues, presented the Five Year Financial Forecast. Update on Columbia Gas Town Manager, Melissa Rodrigues, stated that Columbia Gas is slowly bringing the lines up to regular pressure. The moratorium is still in place. Mr. DeCologero asked what tools the Town has to manager how gas is distributed. Ms. Rodrigues stated that the Town will work with the Department of Public Utilities and that there is legislation currently pending on this issue. APPROVAL OF MINUTES Chris Nobile made a MOTION, seconded by Regina Kean to approve the Open Session Minutes of November 25, 2019. Motion approved 5-0. LICENSING COMMISSIONERS (taken out of order) Regina Kean made a MOTION, seconded by Chris Nobile to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Request of China Blossom to remain open until 2:00AM on New Year’s Eve Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of China Blossom, 946 Osgood Street to remain open until 2:00 a.m. on January 1, 2020, with alcohol service to end at 1:00 a.m. Motion approved 5-0. Request of Sunj, Inc. d/b/a Town Mart for a change of officers and stockholders for a wine and malt package store liquor license at 260 Winthrop Avenue Jill Mann, attorney for the applicant, explained the request for a change of ownership is because they are adding an owner to the entity. Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Sunj, Inc. d/b/a Town Mart for a change of officers and stockholders for a wine and malt package store license at 260 Winthrop Avenue. Motion approved 5-0. Board of Selectmen Minutes December 16, 2019 3 License renewals The Board was referred to the memorandum in their packet, indicating Rolf’s has outstanding issues that need to be resolved prior to the license being renewed. Chairman Kean opened the meeting for Public Comment. Kelly Cormier of Andover Street stated she believes the events at the Stevens Coolidge Place are a violation of zoning and vendors at events are not non-profit. She is concerned about the number of events and asked the Board to instruct Stevens Coolidge Place not to use pictures of abutters homes in their advertising. Melissa Rivers, 179 Andover Street stated that events at the Stevens Coolidge Place like yoga with soft music are ok but events with amplified music are a disturbance to the neighborhood. Chairman Kean stated that 365 days from 8:00AM to 9:00PM seems unreasonable for an entertainment license. Town Manager Rodrigues cautioned the Board regarding conditions because they need to comply with the law. Mr. DeCologero asked if they could find out if the decibel levels exceed acceptable levels. Ms. Rodrigues explained that the Dover Amendment exempts certain entities from zoning if over fifty percent of their programming is educational. Ms. Kean asked the Town Manager to look into the requirements for the Dover Amendment. With regard to the Stevens Estate, Town Manager Rodrigues asked the Board to renew the license for one year while the Long Term Advisory Committee does their work. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve and renew the licenses for all of the establishments listed in the Assistant Town Clerk’s memorandum dated December 16, 2019 except the Stevens Coolidge Place shall only be renewed through January 31, 2020, and North Andover Restaurant d/b/a Rolf’s is subject to receipt of all documents by December 31, 2019, and to waive the fee for the Stevens Estate. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile to close the meeting of the North Andover Licensing Commission. Motion approved 5-0. CONSENT ITEMS Confirm Town Manager appointment of Trudy Reid to the position of Town Clerk Town Manager, Melissa Rodrigues, has hired Trudy Reid as the new Town Clerk subject to the Board’s th approval. Trudy’s first day will be December 30. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen confirm the Town Manager’s appointment of Trudy Reid as the Town Clerk. Motion approved 5-0. Special Counsel Appointment through June 30, 2020 – KP Law In June, KP Law was appointed through December 31, 2019, instead of the usual one year term, to allow time for the new Town Manager to have input on the selection. Town Manager Rodrigues recommended KP Law be appointed through June 30, 2020. Rosemary Smedile made a MOTION, seconded by Regina Kean, that the Board of Selectmen appoint KP Law as Special Counsel through June 30, 2020. Motion approved 5-0. Special Counsel Appointment through June 30, 2020 – Norris, Murray & Peloquin In June, Collins, Loughran & Peloquin was appointed through December 31, 2019, instead of the usual one year term, to allow time for the new Town Manager to have input on the selection. Town Manager Rodrigues recommended Norris, Murray & Peloquin be appointed through June 30, 2020. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen appoint Norris, Murray & Peloquin as Special Counsel through June 30, 2020. Motion approved 5- 0. Vote and execute release for Hillwood Town Manager Rodrigues explained that Hillwood is asking to be released from the obligations and duties arising out of the development agreement that was signed in 2007 between the Town and 1600 Osgood Street, LLC and Osgood Landing, LLC. The release is subject to Hillwood’s agreement to not develop its parcel under the 40R bylaw or for residential use. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve and sign the release agreement between the Town and Hillwood Enterprises, L.P. regarding the use of a portion of 1600 Osgood Street pursuant to the Industrial 2 Zoning District, as presented. Motion approved 5-0. Board of Selectmen Minutes December 16, 2019 4 Accept donation from Smart Start, LLC in the amount of $100 to the Fire Department Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept the donation of $100 from Smart Start to the Fire Department to be used for equipment. Motion approved 5-0. Approve Master Plan Implementation Committee membership and charge As requested by the Board, Town Manager Rodrigues drafted the membership and charge of the Master Plan Implementation Committee. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept the membership and charge of the Master Plan Implementation Committee. Motion approved 5-0. Request of Rabbi Bronstein for permission to use the Town Common from 5:00PM to 5:30PM for the lighting of the menorah on December 19, 2019 and for the display of the menorah until December 31, 2019 Included in the packets was a request from Rabbi Bronstein to use the Town Common from 5:00PM- 5:30PM on December 19, 2019 for the lighting of a Chanukah menorah and to display the menorah at the Town Common from December 19, 2019 through December 31, 2019. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Rabbi Bronstein to use the Town Common for the lighting of a Chanukah menorah and to display the menorah at the Town Common from December 19, 2019 through December 31, 2019. Motion approved 5-0. Vote to ratify contract between the Town and AFSCME Professional Librarian Union The Professional Librarians Union membership approved the Memorandum of Agreement and ratified the contract. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the Collective Bargaining Agreement between the Town and the AFSCME Local 2978, Professional Librarians for the period July 1, 2019-June 30, 2022. Motion approved 5-0. Vote to ratify contract between the Town and AFSCME Clerical Union The Clerical Union membership approved the Memorandum of Agreement and ratified the contract. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the Collective Bargaining Agreement between the Town and the AFSCME Local 2978, Clerical Union for the period July 1, 2019-June 30, 2022. Motion approved 5-0. OLD BUSINESS None NEW BUSINESS None TOWN MANAGERS REPORT The Board was provided with the job posting/vacancy log. SELECTMEN’S UPDATES/COMMENTS Rosemary Smedile thanked Market Basket, Joe Fish/The Loft, The Gangi Family and Heavenly Donuts for the donations for the holiday breakfast. Richard Vaillancourt thanked the Festival Committee for all the events over the last month. ADJOURNMENT Chris Nobile made a MOTION, seconded by Regina Kean to adjourn the meeting at 9:20PM. Motion approved 5-0. Board of Selectmen Minutes December 16, 2019 5 Respectfully submitted, Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Tax classification charts/information Capital Improvement Plan Five Year Financial Forecast Minutes of November 25, 2019 China Blossom request Request of Sunj, Inc. License renewal memorandum Special Counsel memorandum Release for Hillwood Donation letter from Fire Department Master Plan Implementation Committee Membership and Charge Request of Rabbi Bronstein Professional Librarian contract terms Clerical contract terms Job posting/vacancy log