HomeMy WebLinkAbout2020-03-18 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES March 18, 2020
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 5:00PM. In accordance
with Governor Baker’s Executive Order issued on March 12, 2020, suspending certain provisions of the
Open Meeting Law due to the ongoing COVID-19 public health emergency, this meeting took place via
conference call. All Board members and staff participated in this meeting remotely.
ATTENDANCE: The following identified themselves as present on the call: Chairman Richard
Vaillancourt, Clerk Rosemary Smedile, Licensing Chairman, Regina Kean, Chris Nobile, Phil DeCologero,
Town Manager, Melissa Murphy Rodrigues, Town Counsel, Suzanne Egan, Health Director Brian
LaGrasse and Board of Health Chairman, Dr. Frank MacMillan.
APPROVAL OF MINUTES
Rosemary Smedile made a MOTION, seconded by Regina Kean to approve the Open Session
Minutes of March 9, 2020. Roll call vote- Vaillancourt-yes; Smedile-yes; Nobile-yes; DeCologero-
yes; Kean- yes. Motion approved 5-0.
NEW BUSINESS
Update on COVID-19
Town Manager Rodrigues provided the Board with the latest information regarding the coronavirus. North
Andover has two positive cases. Both are in the same household. Town Buildings are closed to the public
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until March 30. The Town has set up a hotline for residents to call with any questions.
Brian LaGrasse and Dr. MacMillan provide updates from the Health Department. They are constantly
monitoring the spread of the virus. Dr. MacMillan stated the most effective thing is to remove yourself
from the threat-handwashing and social distancing.
Mr. DeCologero asked what is happening at the Fire Department given the close living quarters. Ms.
Rodrigues indicated that they are limiting interactions with the public and working on isolating overtime
shifts.
Ms. Smedile asked Dr. MacMillan about protections and symptoms of the virus. Dr. MacMillan explained
the Hierarchy of Protection which can be found on the CDC website. Dr. MacMillan indicated that if you
have any symptoms you should not be mingling with others.
Delegate to Town Counsel responsibility for responding to Open Meeting Law Complaint from Karen
Lauro
Included in the packet was the Open Meeting Law Complaint filed by Karen Lauro. Town Counsel,
Suzanne Egan explained that the Board must respond in writing to the allegations contained in the
complaint. The Board may appoint a designee to respond to the complaint. The written response must be
given to the complainant and the Attorney General's office.
Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
delegate to Town Counsel the authority to respond to the Open Meeting Law complaint submitted
by Karen Lauro on March 7, 2020. Roll call vote- Vaillancourt-yes; Smedile-yes; Nobile-yes;
DeCologero-yes; Kean- yes. Motion approved 5-0.
Discussion of whether to petition to delay election on March 31, 2020
The Town Manager, Town Clerk, Health Director and Emergency Management Director are all
recommending the Board file a court order and/or special legislation to postpone the Town election to a
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date no later than June 30 or until the Governor’s State of Emergency expires, whichever is earlier. If
this election is delayed, the current board members would remain in the seats until the election is held.
Ms. Rodrigues stressed that it is not in the best interest of the employees or the residents to hold the
election given the circumstances.
Regina Kean and Chris Nobile, pursuant to Chapter 268A, recused themselves from the discussion and
vote due to both having a financial interest in the matter.
Mr. Vaillancourt asked if there were things they can do to provide a safe environment at the election. Ms.
Rodrigues stated that she cannot guarantee anyone’s’ safety. If the election moves forward. The Town
will only be using Town employees to work as the risk is too high to have the current workers be there.
Only 10 residents at a time will be let into the polling location. Mr. DeCologero disagreed with the Town
Manager stating that the election should move forward and wanted to know if we could ask for permission
to vote by absentee ballot only. Ms. Smedile stated that her first election was postponed due to a snow
storm and with absentee ballots you run the risk of double voting.
Board of Selectmen Minutes March 18, 2020 2
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to table the matter until the
meeting on March 23, 2020 and to direct the Town Manager to send out a robocall reminding
residents they can request an absentee ballot. Roll call vote-Vaillancourt-yes; Smedile-yes,
DeCologero- yes. Motion approved 3-0.
Discussion and possible vote on declaring a State of Emergency
Included in the packets was a proposal drafted by Town Counsel for the Board to declare a State of
Emergency in North Andover. Town Manager Rodrigues explained the purpose of the State of
Emergency.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
with the authority delegated by Chapter 3, Section 2 of the North Andover Charter and being the
chief policy-making and rule making authority, vote that as of 5:45PM on March 18, 2020 a State
of Emergency is declared to exist in North Andover and authorizes and directs, under the
direction and management of the Town Manager, all Town personnel and agents to take action
appropriate to respond to this situation and ratifies, confirms and adopts any related action taken
prior to the formal adoption of this Declaration and that this Declaration of Emergency in the Town
of North Andover shall remain in effect until notice is given by the Board of Selectmen that such
State of Emergency no longer exists. Roll call vote- Vaillancourt-yes; Smedile-yes; Nobile-yes;
DeCologero-yes; Kean- yes. Motion approved 5-0.
OLD BUSINESS
Discuss Amazon Proposal
As discussed at the last meeting, the Town Manager is looking for direction from the Board regarding the
Amazon proposal.
Regina Kean made a MOTION, seconded by Phil DeCologero to authorize Town Manager
Rodrigues to submit the counteroffer to Amazon as presented. Roll call vote- Vaillancourt-yes;
Smedile-yes; Nobile-yes; DeCologero-yes; Kean- yes. Motion approved 5-0.
ADJOURNMENT
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at
6:10PM. Roll call vote- Vaillancourt-yes; Smedile-yes; Nobile-yes; DeCologero-yes; Kean- yes.
Motion approved 5-0.
Respectfully submitted,
Laurie A. Burzlaff
Executive Assistant
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Rosemary Connelly Smedile, Clerk of the Board
Documents used at meeting:
Minutes of March 9, 2020
Open Meeting Law complaint
Amazon proposal