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HomeMy WebLinkAbout2020-10-05 Board of Selectmen Minutes BOARD OF SELECTMEN October 5, 2020 CALL TO ORDER: Chairman Chris Nobile called the meeting to order at 6:15PM in the Board of Selectmen meeting room. ATTENDANCE: Laura Bates, Phil DeCologero, Rosemary Smedile, Richard Vaillancourt and Chairman Chris Nobile. Town Manager, Melissa Murphy Rodrigues, Deputy Town Manager, Denise Casey and Director of Administrative Services, Laurie Burzlaff, and Town Counsel Suzanne Egan were all present. EXECUTIVE SESSION Chairman Nobile stated the Board will enter Executive session to discuss strategy with respect to litigation for Recreation Complex and declared an open meeting will have a detrimental effect on the litigating position of the Board. Motion: Richard Vaillancourt motioned the Board of Selectmen move into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(3) to discuss strategy with respect to the Recreation Complex litigation. Phil DeCologero seconded. Roll call vote: Bates- yes, DeCologero-yes; Smedile-yes, Vaillancourt-yes; Nobile-yes. Motion approved 5-0. The Board returned to Open Session at 7:05PM. Chairman Nobile 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 PUBLIC COMMENT Ms. Rodrigues read public comments. First public comment was from the North Andover Merchants Association with concern the red zone designation that North Andover received and the impact it will have on the businesses in Town. Second public comment was from Karen Kline of 55 Cricket Lane. Ms. Rodrigues called Ms. Kline via phone. Ms. Kline asked if there could be a payment made to the Town from Merrimack College for health services provided. Ms. Rodrigues explained that Merrimack College agreed to pay for contact tracers and public health nurses exclusive to Merrimack College. Third public comment was from David Brown of 35 Old Farm Rd. Ms. Rodrigues called Mr. Brown via phone. Mr. Brown stated that he requested the opportunity to present the Trustees of Osgood Hill’s findings and recommendations at an upcoming Select Board meeting. Second, Mr. Brown stated that historically in non- COVID-19 times the Estate was running profitably under current operating model and believe it can happen again with additional staff added. Third, he explained that it seems unfair to support other structures on the premise with the Enterprise Fund. Last, the 2019 Town Meeting voted to maintain control of Estate and surrounding properties but he does not believe that it was the intent of the citizens of North Andover to have voted for the event venue to fully support the surrounding property and structures. GOVERNMENTAL REPORTS COVID-19 update Brian LaGrasse gave an update on COVID-19. Mr. LaGrasse stated there are 52 cases active cases, 33 are from Merrimack College and 19 are non- Merrimack cases. He stated that families and dorm clusters, the indoor close contact is the highest rate of transmission, 90% are freshmen. Mr. Vaillancourt asked for a clarification of the numbers. Mr. LaGrasse explained every 10 days the numbers will change with active, isolated and recovered cases. Ms. Rodrigues added that it is very important to look at data in the same time frame and that without Merrimack College cases the Town would have been in the green designation. Ms. Rodrigues stated that every Wednesday the map is reevaluated for a two-week period. Ms. Smedile mentioned the issue of the address reporting from Merrimack College is North Andover even though most cases are from Monican dormitory, which is in Andover. Mr. DeCologero asked Ms. Rodrigues if this has an impact to schools in town due to the red designation. Ms. Rodrigues stated that sports have been impacted. Mr. DeCologero asked how the red designation has affected the businesses. Ms. Rodrigues explained with the red designation businesses cannot move forward with Step 2- Phase 3. Mr. DeCologero stated that the government has the ability to adjust it since they know the red designation is due to the college where the area affected is not part of the Town of North Andover and that the red designation affects the way businesses in town can operate. Mr. Vaillancourt asked to provide a list of businesses to send to the Governor. Ms. Bates asked Ms. Rodrigues what Merrimack College has learned from this. Ms. Rodrigues stated that Merrimack is trying to discourage students from leaving the campus to visit with family and friends outside of campus. Ms. Rodrigues mentioned that Merrimack has put ticketing enforcements in place for students. Mr. DeCologero mentioned there should be a zero tolerance with Royal Crest and asked what the process is for enforcement. Mr. Vaillancourt asked for Merrimack College to share their disciplinary actions. Ms. Bates asked what the policy is dealing with students that receive tickets. Ms. Rodrigues mentioned asking Merrimack College to a future meeting to discuss. Vote on letter to Governor Baker regarding red designation and phasing (out of order) Mr. Nobile asked to move agenda item to take out of order to vote on the letter to Governor Baker regarding the red designation and phasing. Ms. Rodrigues discussed changes and update to the letter. Mr. Vaillancourt asked to add the number of businesses and government buildings that are affected. Motion: Mr. DeCologero motioned that the Board of Selectmen send the letter to the Governor regarding the red designation and phasing, as presented. Ms. Smedile seconded. Motion approved 5-0. Update on Master Plan Implementation Mr. Nobile provided an update on implementation of the Master Plan. Mr. Nobile stated each quarter the Select Board would receive an update from the Master Plan Implementation Committee. OLD BUSINESS Discussion regarding Stevens Estate legal opinion Attorney Mark Reich of KP Law joined the meeting to answer questions from the Board about the Stevens Estate legal opinion he provided. Ms. Smedile asked Attorney Reich to comment on the cell towers that are leased on the property. Attorney Reich stated based upon the 1994 vote that the Selectmen had the authority to undertake the leasing. Ms. Smedile asked where the funds from the lease would go into, the Enterprise Fund or General Fund. Attorney Reich stated that the funds do not go into the Enterprise Fund but used to pay down debt obligations for the acquisitions of the property itself. Mr. Vaillancourt asked if the recent Town Meeting vote negates the 1994 vote. Attorney Reich stated it does not negate it. LICENSING COMMISSION Motion: Mr. Vaillancourt made a motion to open a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion passed 5-0. Suzanne Egan explained the legal opinion of the Board’s authority to place conditions on licensing approval. Mr. Vaillancourt asked Ms. Egan to walk through the process to get the additional license and what authorities are in place. Ms. Egan explained the special legislation process. Ms. Smedile read the Governor’s statement regarding the March 15, 2020 provisions of the Open Meeting Law. Public Hearing (continued from 9/14/20)-Application for amendments to liquor license for JMML Enterprises, LLC d/b/a Mike’s Market- 220 Middlesex Street Motion: Mr. Nobile motioned the Board of Selectmen, acting as Licensing Commissioners; reopen the public hearing to receive comments regarding the application for amendments to the liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street. Mr. DeCologero seconded. Motion passed 5-0. Ms. Rodrigues read the following public comments: 1) Amy Trask of Waverly Road in support of Mike’s Market 2) Gary Kalip of Waverly Road in support of Mike’s Market 3) Lauren Belmont of Middlesex Street in support of Mike’s Market 4) Natalie Giglio of Middlesex Street in support of Mike’s Market 5) Tim Sullivan of Middlesex Street in support of Mike’s Market 6) Tom & Lyn Liccardello in support of Mike’s Market 7) Jim Wefers of Harold Street with concern of Mike’s Market and a question about the layout section 8) Tracy Watson of William Street in support of Mike’s Market Ms. Egan asked Attorney Vaughn to speak on behalf of his clients. Attorney Vaughn read a statement from the owners stating it is reasonable to limit smaller bottles behind the counter but does not want a specific percentage limitation. Motion: Mr. Nobile motioned the Board of Selectmen, acting as Licensing Commissioners, to close the public hearing to receive comments regarding the application for amendments to the liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street. Mr. DeCologero seconded. Motion passed 5-0. Vote on application for amendments to liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street Motion: Mr. DeCologero motioned that the Board of Selectmen, acting as licensing Commissioners approve the application for amendments to the liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street. Ms. Bates seconded. Motion passed 5-0. Public Hearing (continued from 9/14/20)- Application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue Motion: Mr. Nobile motioned the Board of Selectmen, acting as Licensing Commissioners, open the public hearing to receive comments regarding the application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue. Mr. Vaillancourt seconded. Motion passed 5-0. Ms. Burzlaff mentioned there was one public comment from Arthur Richter in support of license at 12 Massachusetts Avenue. Attorney Vaughn mentioned this store is just a Beer and Wine License and that it was submitted with the floor plan and proposed location of beer and wine in the current store. Motion: Mr. Vaillancourt motioned the Board of Selectmen, acting as licensing Commissioners, close the public hearing to receive comments regarding the application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue. Mr. Nobile seconded. Motion passed 5-0. Vote on Application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue Motion: Mr. Vaillancourt motioned the Board of Selectmen, acting as licensing Commissioners approve the application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue. Mr. Nobile seconded. Motion passed 5-0. Stevens Coolidge place application for a one day Entertainment License for a market on October 18, 2020 from 10:00AM-3:00PM Board discussed amount of 50 people including vendors and staff contingent to the state’s regulations at the time of the event. Motion: Mr. DeCologero motioned the Board of Selectmen, acting as licensing Commissioners approve the request of Stevens Coolidge Place for a one day Entertainment License for a market on October 18, 2020 from 10:00AM to 3:00PM. Mr. Vaillancourt seconded. Motion passed 5-0. Motion: Mr. Vaillancourt motioned to close a meeting of the North Andover Licensing Commission. Mr. Nobile seconded. Motion passed 5-0. NEW BUSINESS Discussion and vote to extend temporary outdoor dining permits per Governor’s September 10, 2020 order Motion: Ms. Bates motioned the Board of Selectmen extend all outdoor dining permits until sixty days after the Governor declares an end to the state of emergency. Ms. Smedile seconded. Motion passed 5-0. Vote on FY22 goals and liaison assignments Ms. Rodrigues explained the FY22 goals spreadsheet. Board discussed the leads on each goal. Motion: Mr. DeCologero motioned the Board of Selectmen accept the FY22 goals as outlined on the spreadsheet provided by the Town Manager and appoint the leads as discussed. Mr. Vaillancourt seconded. Motion passed 5- 0. Town Manager evaluation Motion: Mr. Vaillancourt motioned the Board of Selectmen approve the annual performance evaluation of Town Manager Melissa Murphy-Rodrigues. Ms. Bates seconded. Motion passed 5-0. Request of James Doucett to use Milk, Johnson, Rea and Chestnut Streets on November 1, 2020 starting at 9:30AM Motion: Ms. Bates motioned the Board of Selectmen approve the request of James Doucett to use Milk, Johnson, Rea and Chestnut Streets for a roller ski race on November 1, 2020 starting at 9:30AM subject to compliance with the governor’s order pertaining to outdoor gatherings and the event having a staggered start. Ms. Smedile seconded. Motioned approved 5-0. Appointment Town Manager Rodrigues as the Municipal Approving Authority for Remote Learning Enrichment Programs Motion: Mr. DeCologero motioned the Board of Selectmen appoint Melissa Murphy-Rodrigues as the Municipal Approving Authority for Remote Learning Enrichment Program applications. Ms. Bates seconded. Motion approved 5-0. Appointments Motion: Mr. DeCologero motioned the Board of Selectmen appoint Anthony Capachietti to the Conservation Commission for a term ending June 30, 2021, to appoint Rick Green to the Community Preservation Committee for a term ending June 30, 2023, to appoint Wendy Smith to the Cultural Council for a term ending June 30, 2022, and to appoint Jason O’Toole to the Poet Laureate Committee for a term ending June 30, 2023. Ms. Bates seconded. Motion approved 5-0. APPROVAL OF MINUTES Open session minutes of September 14, 2020 Open session minutes of September 28, 2020 Motion: Mr. Vaillancourt motioned the Board of Selectmen approve the Open Session minutes of September 14, 2020 with amendment and September 28, 2020 as written. Mr. DeCologero seconded. Motion approved 5-0. CONSENT ITEMS 1) Request of Steve Foster, Facilities Director, for waiver of permit fees for Fiscal Year 2021 Town projects 2) Accept grant from Center for Tech and Civil Life in the amount of $10,840 for election administration 3) Accept grant from DOER Green Communities Division in the amount of $125,686 for LED lighting and weatherization Motion: Mr. Vaillancourt motioned the Board of Selectmen approve and accept all consent items. Mr. DeCologero seconded. Motion approved 5-0. TOWN MANAGERS REPORT Ms. Rodrigues discussed the following: FY22 budget calendar; Halloween hours will be 5-7pm; conservation of water; ballots are being sent and the town plumbing is doing the final inspections of gas meters. ADJOURNMENT Mr. DeCologero made a MOTION, seconded by Ms. Bates to adjourn the meeting at 9:40 PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard Vaillancourt, Clerk of the Board Documents used at meeting: Letter from KP Law Letter from Governor Baker outdoor dining Application from James Doucett License application JMML Enterprises License application S.J. Enterprises Entertainment License for October 18, 2020 Letter to Governor Baker FY22 Goals Spreadsheet Volunteer Forms Meeting minutes September 14, 2020 Meeting minutes September 28, 2020 Grant from Center for Tech and Civil Life Grant from DOER Green Communities Division