HomeMy WebLinkAbout2020-06-01 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES June 1, 2020
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM. 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, Deputy Town Manager, Denise Casey, Director of
Administrative Services, Laurie Burzlaff.
Chairman 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 limitations on the
number of people that may gather in one place, this meeting of the North Andover Board of Selectmen is
being conducted via remote participation. 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
as provided for in the Order. A reminder that persons who would like to listen to this meeting while in
progress may do so by tuning in to Comcast channel 8 or Verizon channel 26 or online at
www.northandovercam.org. If you have public comments, please email selectmen@northandoverma.gov
APPROVAL OF MINUTES
Chris Nobile made a MOTION, seconded by Rosemary Smedile to approve the Open Session
Minutes of May 19, 2020 as written. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
CONSENT ITEMS
Request of Police Chief Charles Gray to surplus vehicle
Chief Gray provided a memorandum explaining the vehicle has passed its useful life and will be traded in
for a new vehicle.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of Chief Charles Gray to surplus police vehicle #316 as presented. Roll call
vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
NEW BUSINESS
Request of Chief McCarthy to increase ambulance billing rates
Town Manager Rodrigues presented information regarding ambulance fees. The Board was provided with
a PowerPoint presentation. Ms. Rodrigues explained they would like to review fees on an annual basis
moving forward. They are looking to bundle fees. The fee increase would not affect Medicare and
Medicaid as those rates are set by law. Ms. Smedile asked if the increase is because of COVID-19. Chief
McCarthy explained that he had intended to bring the proposal forward in 2018 but then the gas incident
happened and then the town manager left.
Regina Kean made a MOTION, seconded by Phil DeCologero that the Board of Selectmen set the
ambulance billing rates as follows: Mileage $32.73; BLS Emergency $1,414.00; ALS1: $2,358.00;
ALS2: $3,918.00. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-
yes. Motion approved 5-0.
Appointment of Patrick Scanlon as Town Physician
Dr. McMillan is moving out of town so a new Town Physician needs to be appointed. The Town Manager
and Board thanked Dr. McMillan for all his work on the Board of Health, especially during the current
crisis.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
appoint Dr. Patrick Scanlon as the Town Physician effective July 1, 2020. Roll call vote:
DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
Board of Selectmen Minutes June 1, 2020 2
Memorandum of Understanding between the Board of Selectmen and School Committee
Included in the packet was the Memorandum of Understanding with the school committee regarding
FY2021 budget. Town Manager Rodrigues explained that the agreement is so the Town will be prepared
if there is a budget deficit in 2021 due to COVID-19. The Finance Committee stated in their report that
they will not support the current budget unless the MOU is signed. Ms. Rodrigues explained that the law
requires the Town to address any budget shortfall before setting the tax rate. Ms. Smedile stated this
needs to be addressed prior to Town Meeting and has asked the School Committee to vote on the MOU
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at their meeting on June 11, rather than take their usual two meetings to vote. Richard Vaillancourt
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agreed that waiting until the 11 is concerning and stated he will reach out to the chair to see if they can
meet earlier. Phil DeCologero and Chris Nobile acknowledged a process needs to be in place so they are
prepared. Regina Kean stated that the revenues feel less uncertain because taxes are typically paid and
it’s the costs for the schools that is unknown.
Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the Memorandum of Understanding, as presented. Roll call vote: DeCologero-yes; Kean-
yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
Flag policy
Mr. Vaillancourt explained that the Town does not have a policy on flying flags on Town property. Town
Counsel, Suzanne Egan explained that after researching policies in other towns there are a few options
which she outlined in a memorandum to the Board. Mr. Vaillancourt stated he was in favor of option one
which allows the Board greater say in the flag that would hang. Ms. Egan explained that option one would
be using the flagpole for government speech, similar to how the Town posts on social media. You are not
opening up to all groups, only those that represent the town’s principles. Option 2 would make the
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flagpole open speech and opens it up to a 1 Amendment forum. Attorney Egan did not recommend that
option. Mr. DeCologero stated that the draft policy only allows for 24 hours and would like to increase it.
Ms. Smedile stated they need to be fair so other groups can use it. Mr. Vaillancourt suggested a two
week limit and then they can extend another two weeks if there is no other request. Ms. Smedile also
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stated it should not be flown on Memorial Day, Flag Day, Patriots Day, Veterans’ Day or 4 of July.
Regina Kean asked for the policy to be modified so it is the Board’s decision to approve and not the Town
Manager. Ms. Smedile stated that the Town Manager is more of a neutral arbitrator and she doesn’t think
it should turn into a political battle.
Town Manager Rodrigues suggested the Board table the discussion so Attorney Egan can make the
changes discussed so everyone will know what is being voted on. Mr. Vaillancourt agreed to table the
discussion to allow for the changes to be made.
OLD BUSINESS
Town Meeting warrant article recommendations- Articles 17 and 20
At the last meeting, the Board agreed to make their recommendations on Articles 17 (budget) and 20
(Stevens Estate revolving fund) at this meeting. Town Manager Rodrigues explained that the Board could
vote the budget contingent upon the School Committee signing the Memorandum of Understanding.
Rosemary Smedile made MOTION, seconded by Chris Nobile that the Board of Selectmen
recommend Favorable Action on Article 17, contingent upon signing of the Memorandum of
Understanding prior to Town Meeting. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
Town Manager Rodrigues stated she does not think the Town will have any further information about the
Stevens Estate reopening prior to Town Meeting. In response to a question from Mr. DeCologero, Ms.
Rodrigues stated that the MOU does not impact the Stevens Estate. Since the estate runs on the
revenues, they will need to make cuts during the year if necessary. Since there are no events there are
less expenses.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
recommend Favorable Action on Article 20. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes;
Smedile-yes; Vaillancourt-yes. Motion approved 5-0.
Flag policy (continued)
Mr. Vaillancourt read the changes to the policy which included increasing the time to up to 30 days,
exempting patriotic holidays and giving the Board the approval instead of the Town Manager. Ms.
Smedile stated she is voting in favor but strongly believes the time the flags are out should be equal
across all groups so there is never a feeling of discrimination. She believes the policy can be considered
arbitrary and capricious.
Board of Selectmen Minutes June 1, 2020 3
Phil DeCologero made a MOTION, seconded by Chris Nobile to adopt Option 1 as amended. Roll
call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved
5-0.
Request of Jennifer Fresen to display a three by five foot rainbow LBGTQ pride flag at the Town Common
Included in your packet was a request from Jennifer Fresen to raise the LBGTQ pride flag on the flagpole
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at the Common from June 1-June 30. All relevant departments have reviewed the request.
Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen approve
the request of Jennifer Fresen to fly the LBGTQ pride flag on the flagpole on the Common until
June 30th. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes.
Motion approved 5-0.
TOWN MANAGERS REPORT
The Town Manager updated the Board on COVID-19. She is working on a reopening plan for Town Hall.
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Stevens Pond is reopening on June 22 with restrictions. They are waiting for final guidance from the
state regarding camps. The Town is doing escalation training on how to work with residents that may be
angry about restrictions. In response to a question from Mr. DeCologero, Ms. Rodrigues stated that youth
sports are in Phase 3.
SELECTMEN’S UPDATES/COMMENTS
Board of Selectmen meeting scheduled June-December
Included in the packet was the schedule of Board of Selectmen meetings for June through December.
Regina Kean thanked the Board for the great experience. Ms. Kean stated she got much more out of it
then she ever thought. The Board thanked Regina for her service noting she was extraordinarily prepared
for every meeting and set a good example for others.
ADJOURNMENT
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at
9:30PM. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-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 May 19, 2020
Memo from Chief Gray
Memo from Brian Lagrasse
Memorandum of Understanding
Request of Jennifer Fresen
Flag policy information
Ambulance billing rate presentation
Town Meeting Warrant
Schedule of Meetings