HomeMy WebLinkAbout2020-05-19 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES May 19, 2020
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:02PM. 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, Deputy Town Manager, Denise Casey, Director of
Administrative Services, Laurie Burzlaff.
Chairman, Richard Vaillancourt read the following statement:
Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting
Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number
of people that may gather in one place, this meeting of the North Andover Board of Selectmen will be
conducted via remote participation to the greatest extent possible. Specific information and the general
guidelines for remote participation by members of the public and/or parties with a right and/or requirement
to attend this meeting can be found on the Town’s website, at www.northandoverma.gov. For this
meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to
Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person
attendance of members of the public will be permitted, but every effort will be made to ensure that the
public can adequately access the proceedings in real time, via technological means. In the event that we
are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or
video recording, transcript, or other comprehensive record of proceedings as soon as possible after the
meeting.
PUBLIC HEARING
Public Hearing pursuant to M.G.L. Chapter 166, Section 22 to receive comments regarding National Grid
Petition to run and maintain underground conduits- Quail Run and Monteiro Way
A petition from National Grid for underground work on Quail Run and Monteiro Way was filed. Notices
were sent to the abutters. All relevant departments reviewed and conditions are outlined in the proposed
order.
STATEMENT TO BE MADE BY CHAIR PRIOR TO PUBLIC HEARING:
Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting
Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the
number of people that may gather in one place, this public hearing of the Town of North Andover is being
conducted via remote participation. No in-person attendance of members of the public will be permitted,
but the public can listen to this meeting while in progress by tuning in to Comcast channel 8 or Verizon
channel 26 or online at www.northandovercam.org. Members of the public attending this meeting virtually
will be allowed to make comments if they wish to do so, during the portion of the hearing designated for
public comment, by emailing lburzlaff@northandoverma.gov
Rosemary Smedile made a MOTION, seconded by Regina Kean to open a Public Hearing to
receive comments regarding the National Grid petition for Quail Run and Monteiro Way. Roll call
vote: DeCologero-yes; Kean-yes, Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Chris Wellington from National Grid explained the request. The work will be done by directional drilling
and will take approximately one week to complete.
Laurie Burzlaff read the public comment that was emailed from Masoud Rahgozar of 25 Monteiro Way
regarding repairing his driveway after work is complete.
Mr. Wellington indicated they will replace the end of the driveway. Town Manager Rodrigues stated that
restoring properties to their prior condition is contained in the order.
Laurie Burzlaff read the public comment from the Nachamie Family of 127 Quail Run about the loss of
electricity. Chris Wellington indicated that power outages typically are for 2-3 hours and they will provide
prior notification. Mr. Wellington agreed to meet with neighbors to establish the best time to shut down the
electricity. Copies of the public comment emails are included in the link on the agenda posted on the town
website.
Board of Selectmen Minutes May 19, 2020 2
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close the Public Hearing to
receive comments re garding the National Grid petition for Quail Run and Monteiro Way. Roll call
vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
NEW BUSINESS
Vote on request of National Grid Petition-Quail Run and Monteiro Way
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
approve National Grid petition #16443967 for pole/conduit work on Quail Run Lane and Monteiro
Way, with conditions as presented. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Discussion regarding Town Meeting and possible vote to change time from 6:00PM to 5:00PM
Town Moderator, Mark DiSalvo, explained his thoughts for Town Meeting. There was strong consensus
amoung the working group for it to be outdoors. If there are weather issues, the moderator has the
authority to move to another date. Mr. DiSalvo indicated if the weather cooperates, the rain date would be
the next day. Given the lighting is not adequate at night to ensure safety, the Town Manager is
suggesting the time be moved from 6:00PM to 5:00PM in hopes to be done before it gets dark. Rosemary
Smedile was concerned about location for seniors and suggested they be allowed to be in the auditorium.
Mr. DiSalvo stated that health concerns prohibit it from being inside. Chris Nobile suggested a separate
area be set up that is more accessible. Mr. DiSalvo acknowledged a tented area could be there for those
that need it. Town Manager Rodrigues stressed the importance of having Town Meeting because a 1/12
budget will be problematic given the 3 pay periods in July and the fact that certain items are prepaid to
receive a discount.
Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen change
the time of Town Meeting from June 16, 2020 at 6:00PM to June 16, 2020 at 5:00PM. Roll call vote:
DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Discussion and potential vote regarding Amazon TIF and community partnership agreement
Included in the packet was the TIF and community partnership agreement with Amazon. Town Manager
Rodrigues explained the agreement. The Community Partnership term sheet will be used as a basis for a
development agreement. The TIF agreement is for a ten year period with a maximum anticipated
exemption to Amazon of $27,300,197 and anticipated revenue to the Town of $18,200,131 for real estate
property taxes. The TIF agreement does not apply to personal property taxes. The agreement also
provides for a third party appraisal of the property every three years corresponding to the Town's
commercial property valuation to come to an agreed upon assessed value of the property. The
Community Partnership term sheet provides that Hillwood/Amazon will pay to the Town $2,333,333,
which is one third of the cost of the Osgood Sewer project with an agreement to pay 50% of any cost of
obtaining a sewer easement from Osgood Properties. They will also pay $100,000 for a traffic mitigation
study, $100,000 for traffic equipment, $3,000,000 over the term of the TIF for STEM, $100,000 for
technology for youth service and the library, $700,000 over a four year period for street tree planting and
management, $100,000 for technology and furniture for the senior services and $264,034 for fire safety
The term sheet also memorializes that the Developers intend to pay for the cost of improvements to
Osgood Street in the approximate value of $2,000,000.
Ms. Rodrigues stated that North Andover is the first community to enter into a development agreement
with Amazon and Amazon has stated that the Town is still competing for the project. Ms. Smedile stated
she is happy the agreement addresses so many quality of life issues. In response to a question from Mr.
DeCologero, Ms. Rodrigues stated that Amazon has indicated they are not looking for incentives from the
state, except for the Massworks contribution. Mr. DeCologero indicated the value is lower than what was
represented last year but that site has been difficult. Ms. Rodrigues stated that the Town will receive $41
million over 15 years. Ms. Smedile stated the project will bring jobs and needed business for our local
merchants.
Regina Kean made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve
the Community Partnership Term Sheet between the Town of North Andover and Amazon.com
Services, LLC and Hillwood Enterprises, LP which shall be incorporated into the Development
Agreement between the parties. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-
yes, Vaillancourt-yes. Motion approved 5-0.
Board of Selectmen Minutes May 19, 2020 3
Vote on Town Meeting Warrant article recommendations
The options for recommendation are Favorable Action, Unfavorable Action, Take No Action or To be
Made at Town Meeting. Multiple articles may be taken in one vote.
Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen
recommend Favorable Action on Articles 2, 3 and 4. Roll call vote: DeCologero-yes; Kean-yes;
Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Article 12-Town Manager Rodrigues explained that the Planning Board voted unfavorable action on this
item; however, they did approve the site plan that showed the lot on it when granting the special permit.
The Planning Board stated at their meeting they were not informed that the parcel needed to be
purchased. Mr. DeCologero stated that the Planning Board is supposed to advise on land use, not
finances, as that is the job of the Finance Committee and Board of Selectmen. Mr. DeCologero
questioned now that the Town has to pay for it, it’s not an appropriate use of the land? Town Counsel
indicated that the site plan at the last Town Meeting did not show the lot on it, but it was shown on the
plans throughout the special permit process. Mr. DeCologero explained that the Town spent money
based on the approval of a special permit. Ms. Rodrigues indicated that Town has spent approximately
$450,000 and they are now researching the cost of redesigning the senior center should this article not
pass at Town Meeting.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
recommend Favorable Action on Article 12. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Article 13- Mr. DeCologero suggested the Board wait until the Finance Committee makes their
recommendation. Mr. Nobile stated that nothing will change in a month and it’s the operating budget that
they should be concerned about not the capital plan. Mr. Vaillancourt stated that the Finance Committee
could recommend projects be moved to another year. Ms. Rodrigues stated that she understood the
Finance Committee wanting to wait but they had already recommended approval of the capital plan and
she does not recommend deferring items because 2022 is going to be the problem year.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
make their recommendation at Town Meeting on Article 13. Roll call vote: DeCologero-yes; Kean-
no; Nobile-no; Smedile-no, Vaillancourt-no. Motion failed 1-4.
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen
recommend Favorable Action on Article 13. Roll call vote: DeCologero-no; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 4-1.
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
recommend Favorable Action on Article 14. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
recommend Favorable Action on Article 15. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
recommend Favorable Action on Article 16. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Article 17- Town Manager Rodrigues recommends the Board wait to make a recommendation on the
budget. She is working on a Memorandum of Understanding with the School Department and if does not
come to fruition, the article may change.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
make their recommendation at the next meeting on Article 17. Roll call vote: DeCologero-yes;
Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Article 18- Ms. Rodrigues does not anticipate changes to the enterprise funds as they are based on rates.
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen
recommend Favorable Action on Article 18. Roll call vote: DeCologero-no; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 4-1.
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen
recommend Favorable Action on Article 19. Roll call vote: DeCologero-no; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 4-1.
Article 20- Town Manager Rodrigues stated that the Stevens Estate has had many cancellations but all
except one has rescheduled. It is unclear at this time when the Estate will be able to reopen.
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen make
their recommendation at the next meeting on Article 20. Roll call vote: DeCologero-yes; Kean-yes;
Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Board of Selectmen Minutes May 19, 2020 4
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
recommend Favorable Action on Article 21. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
recommend Favorable Action on Article 22. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
recommend Favorable Action on Article 23. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend
Favorable Action on Article 24. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-
yes, Vaillancourt-yes. Motion approved 5-0.
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen
recommend Favorable Action on Article 25. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend
Favorable Action on Article 30. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-
yes, Vaillancourt-yes. Motion approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeColgero that the Board of Selectmen
recommend Favorable Action on Article 31. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes, Vaillancourt-yes. Motion approved 5-0.
Vote to allocate an additional $100,000 from the Affordable Housing Trust to Greater Lawrence
Community Action Council for the Emergency Rental Assistance Program
The Affordable Housing Trust requested an additional $100,000 be granted to the Greater Lawrence
Community Action Council for the Emergency Rental Assistance Program. To date, the program has
encumbered $55,271 and the potential need based on the number of applications is $193, 271.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
authorize the disbursement of an additional $100,000 from the Affordable Housing Trust to be
used for the Emergency Rental Assistance Program. Roll call vote: DeCologero-yes; Kean-yes;
Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
APPROVAL OF MINUTES
Rosemary Smedile made a MOTION, seconded by Chris Nobile to approve the Open Session
Minutes of April 27, 2020. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes;
Vaillancourt-yes. Motion approved 5-0.
CONSENT ITEMS
Sign Warrant for Town Election on June 2, 2020
Included in the packet was the warrant for the Town Election on June 2, 2020.
Request of NAHS Class of 2020 Events Subcommittee to use Osgood, Main, Water, Elm and Sutton
Street on Saturday, June 6, 2020 from 12PM to 1PM for NAHS Class of 2020 car parade
Included in the packet was a request from NAHS Class of 2020 Events Subcommittee to use Osgood,
Main, Water, Elm and Sutton Street for a car parade for the Class of 2020. All relevant departments have
reviewed and have no issues.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
approve both consent items, as presented. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
OLD BUSINESS
None
TOWN MANAGERS REPORT
Job posting/vacancy log
Included in the packet was the job posting/vacancy log provided by the Human Resources Department.
Town Manager Rodrigues stated that the Town is not filling any positions at the moment.
Board of Selectmen Minutes May 19, 2020 5
Update on plans and protocols for election
nd
Town Manager Rodrigues explained the protocols for the June 2 election that were included in the
packet. Only one voter per precinct will be let in at a time. Emergency Management, police and fire will all
be there to assistance with directing entering and exits and cleaning of areas.
Update on COVID-19
Health Director, Brian Lagrasse gave the latest update on COVID-19. In response to a question from Ms.
Smedile, Ms. Rodrigues explained they are working on implementing curbside pickup at the library. Ms.
Rodrigues announced she is forming a working group for businesses to help with reopening and would
like one or two members of the Board to join. Mr. DeCologero and Ms. Smedile volunteered to be on the
working group. Ms. Smedile announced the Yee family, owners of China Blossom, have donated
thousands of masks.
SELECTMEN’S UPDATES/COMMENTS
None
ADJOURNMENT
Regina Kean made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at 10:00PM.
Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion
approved 5-0.
Respectfully submitted,
Laurie A. Burzlaff
Executive Assistant
_______________________________
Rosemary Connelly Smedile, Clerk of the Board
Documents used at meeting:
National Grid petition and public comments
Town Meeting warrant articles
Affordable Housing Trust memorandum
Amazon TIF and Community Partnership Agreement
Minutes of April 27, 2020
Election warrant
Request of NAHS Class of 2020 events committee
Job posting/vacancy log
Election protocols