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HomeMy WebLinkAbout2021-02-08 Board of Selectmen Minutes BOARD OF SELECTMEN FEBRUARY 8, 2021 Call To Order: Chairman Chris Nobile 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: Laura Bates, Phil DeCologero, Rosemary Smedile, Richard Vaillancourt, Chairman Chris Nobile, Town Manager- Melissa Murphy Rodrigues, Director of Administrative Services-Laurie Burzlaff, Town Council- Suzanne Egan and Finance Director- Lyne Savage were all present. 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 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 COMMENT Ms. Rodrigues stated there was one public comment and that the comment was related to the attorney for an applicant during licensing letting the Select Board know he was in attendance. LICENSING: MOTION: Mr. Vaillancourt motioned to open a meeting of the North Andover Licensing Commission. Mr. DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Application of Walgreens of Massachusetts LLC for wine and malt off premises package store license at 800 Waverly Road MOTION: Mr. Nobile motioned to open the public hearing to receive comments regarding the application of Walgreens of Massachusetts, LLC for a wine and malt off premises package store license at 800 Waverly Road. Ms. Bates seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Mr. McGeoghan, General Manager of Walgreens, was present to represent Walgreens. Attorney Devlin was present representing Walgreens. Attorney Devlin stated Walgreens purchased Rite-Aid which had the license and the renewal date was missed due to pandemic. Mr. Nobile asked if there will be any delivery of alcohol. Mr. McGeoghan stated no, pick up only. Mr. Vaillancourt asked if there will be a dedicated cash register for beer and wine sales. Attorney Devlin stated that it was not discussed about a dedicated cash register as Walgreens is smaller than Rite-Aid was. Attorney Devlin stated Walgreens would be open to suggestions regarding placement of alcohol and is flexible willing to work with the Select Board. Attorney Devlin asked Mr. McGeoghan if there can be a dedicated cash register. Mr. McGeoghan stated the company has the ability to control the register from the back end to not allow sales when alcohol cannot be sold. Mr. Vaillancourt asked about checking IDs. Mr. McGeoghan stated all registers can scan IDs. Ms. Bates asked if there is a 100% ID policy and can scan everyone’s ID. Attorney Devlin stated yes. Ms. Rodrigues stated there were no public comment on this hearing. MOTION: Mr. DeCologero motioned to close the public hearing to receive comments regarding the application of Walgreens of Massachusetts, LLC for a wine and malt off premises package store license at 800 Waverly Road. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. MOTION: Mr. Vaillancourt motioned to approve the application of Walgreens of Massachusetts, LLC for a wine and malt off premise package store licenses at 800 Waverly Road. Ms. Bates seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Attorney Egan stated there are three applicants applying for an all alcohol license. Attorney Egan stated that the license at 64 Main Street was not renewed so it became open for applications and now taking applications in order by date and time submitted along with completeness. Application of Amideep, Inc. for an all alcohol off premises package store license at 997 Osgood Street Ms. Smedile stated the application is incomplete. Mr. Patel was present representing Amideep Inc. Mr. Patel stated that he has not completed the floor plan because everything is contingent upon receiving the liquor license. Mr. Vaillancourt asked when TRC would be looking into it. Mr. Patel stated he needed more time to complete. Ms. Rodrigues stated the TRC meeting for Amideep Inc. was not requested by the applicant. Ms. Enright also stated a TRC meeting was not requested by the applicant. MOTION: Mr. DeCologero motioned to open the public hearing to receive comments regarding the application of Amideep, Inc. for an all alcohol off premises package store license at 997 Osgood Street. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Ms. Rodrigues stated there were no public comments for this hearing. Attorney Ambeliotis was present representing Amideep Inc. Attorney Ambeliotis stated there was a miscommunication between his client and the Town regarding the date of submission. Mr. DeCologero asked Attorney Egan to clarify the process of submission. Attorney Egan stated this application was submitted on January 4, 2021 so it is considered the first application submitted. Mr. Vaillancourt stated that thth January 5 was the date given to submit. Ms. Burzlaff stated that Town Hall was closed on January 4 and one employee th took the application not knowing that the submission date was supposed to be on January 5. Ms. Smedile asked Attorney Egan what happens if two applicants walk in at the same time. Attorney Egan stated to make a decision on a particular application and not compare it to others. Mr. Nobile asked what happens if there are multiple and they are all not complete. Attorney Egan stated it can be denied if it is incomplete or can be granted with conditions. Mr. Nobile asked what will happen if the license is granted with conditions but the conditions are not met. Attorney Egan stated the application is denied. Mr. Vaillancourt asked if all applicants were given the actual date of submission. Attorney Egan stated yes. Mr. DeCologero stated applications should be complete and if it is not complete to finish the application and re-apply at a later date. MOTION: Mr. DeCologero motioned to close the public hearing to receive comments regarding the application of Amideep, Inc. for an all alcohol off premises package store license at 997 Osgood Street. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. MOTION: Mr. DeCologero motioned to deny the application of Amideep, Inc. for an all alcohol off premises package store license at 997 Osgood Street. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Mr. Vaillancourt stated the application was denied due to it being incomplete and application was received early. Mr. Vaillancourt stated the applicant can petition for a liquor license at Town Meeting. Application of 64 Main Street Liquors, LLC for an all alcohol off premises package store license at 64 Main Street MOTION: Mr. DeCologero motioned to open the public hearing to receive comments regarding the application of 64 Main Street Liquors, LLC for an all alcohol off premises package store license at 64 Main Street. Mr. Nobile seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Mr. Sheraj was present representing 64 Main St Liquors, LLC. Ms. Smedile stated the building inspector noted the signage does not comply with the Town’s sign bylaw. Attorney Ambeliotis was present representing 64 Main St Liquots LLC. Attorney Ambeliotis stated this is a new business and the sign issue should be kept as a separate issue not to be marked as an incomplete application. Ms. Smedile stated the windows are blocked which is out of compliance. Ms. Rodrigues stated there were no public comments on this item. Mr. Dave asked if the Board is making a decision before hearing his business’ th application. Mr. Dave stated he was told the date of submission was January 5. Ms. Rodrigues stated that 64 Main St thth Liquors LLC came in on January 5 at 8:15AM and Mokunj LLC application was submitted on January 5 at 1:43PM. Ms. Bates asked if Mr. Sheraj sells alcohol at his other locations. Mr. Sheraj stated no. Ms. Bates asked if Mr. Sheraj if he plans to take the necessary precautions to ensure that all IDs are checked. Mr. Sheraj confirmed that he would. MOTION: Mr. Vaillancourt motioned to close the public hearing to receive comments regarding the application of 64 Main Street Liquors, LLC for an all alcohol off premises package store license at 64 Main Street. Mr. DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. MOTION: Mr. DeCologero motioned to approve the application of 64 Main Street Liquors, LLC for an all alcohol off premises package store license at 64 Main Street. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Application of Mokunj LLC for an all alcohol off premises package store license at 550 Turnpike Street All liquor licenses have been given out and currently there are no additional licenses available. Mr. Dave was present representing Mokunji LLC. Mr. Dave spoke with the Select Board about his concern about the date of submission for his application. Ms. Rodrigues suggested that Mr. Dave give her a call in the morning to further discuss. MOTION: Mr. DeCologero motioned to close a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Ms. Rodrigues stated that the next agenda item, Revisions to Alcoholic Beverage Regulations will be moved to the next Select Board meeting. GOVERNMENT REPORTS Town Manager’s FY22 Recommended Budget Ms. Rodrigues presented the FY22 Recommended Budget. Ms. Rodrigues highlighted the following: Revenues -Revenues for the FY22 budget total $108,279,212, a 2.35% increase from last fiscal year -Property taxes are estimated to grow by 3.61% -Local receipts are decreasing by 3.55% -Local aid, per our policies and procedures, is level funded except for a small increase in unrestricted aid FY22 budget expenditure breakdown -The FY22 budget includes increases of 2.35% into departmental spending from FY21 -General funding spending, including reserves, is increasing by a total 2.3% -Municipal budget is increasing by $147,483 -School budget is increasing by $1,531,699 -Support services is decreasing by $66,109 Cares act update -Cares act funding spending deadlines were extended, however, no additional appropriations of funding -Town has spent all of their available funding -COVID-19 costs continue and we anticipate as much as $1.5 million in additional costs through June 30 -Committed to COVID-19 funding for FY22 as well with an appropriation from free cash at town meeting -Anticipated $2.6 million for NAPS (COVID necessities as well as bridging education gap) equals 7.49% total increase over FY21 -$110,000 for public health -Free cash is an appropriate funding source for COVID-19 expenses because it is the use of a one-time funding source for one time expenditures (nonrecurring costs) no increase to base budget because not an increase to the levy -Use of free cash (or any other one time revenue source) for reoccurring expenses creates a structural deficit Highlights and changes -Moved postage to one budget for efficiency purposes -Second year of Finance Committee Reserve funded at $1.5 million -Employee reduction: - .2 Community Development Office - 1 FTE Town Clerk’s office -Moved Community Support Coordinator to Police Department -Salary reserves for unsettled Collective Bargaining Agreements -COLA at 1.5% Mr. DeCologero asked about the movement of the Community Support Coordinator would not impact the bottom line. Ms. Rodrigues stated that was correct. Mr. Vaillancourt asked about the .2 Community Development Office employee. Ms. Rodrigues explained the position will be working on Affordable Housing. Mr. DeCologero asked Ms. Rodrigues about the $300,000 for Stevens Estate. Ms. Rodrigues explained that $300,000 was approved to transfer from Stabilization Fund to Stevens Estate revenues. Ms. Bates asked Ms. Rodrigues if North Andover was unable to capitalize on COVID-19 relief for Stevens Estate since they were not a private entity. Ms. Rodrigues stated yes. Mr. DeCologero asked if CARES Act funding was used for Stevens Estate. Ms. Savage stated no. Ms. Savage explained that CARES Act was not appropriate to use CARES funds to apply to any enterprise funds. Ms. Rodrigues stated in regard to Facilities Master Plan II cannot be achieved within the constraints of Proposition 2 and a half and will require an override. Ms. Rodrigues mentioned that there is no levy capacity being left on the table. Mr. DeCologero asked about the $124,000 of the excess capacity being left on the table. Ms. Rodrigues stated there will most likely never be a zero amount and feels comfortable at the 1% excess. COVID-19 Update Mr. LaGrasse gave an update on the latest COVID-19 numbers. Mr. LaGrasse stated the following: - Trending in the right direction and numbers have leveled off and have come down - 5-15 daily cases. 94 active cases and a 2.9% testing rate - Started the 75+ year old residents’ list reaching out to eligible residents nd - Scheduled 2 dose to First Responders nd - Working with Housing Authority for Seniors during 2 phase Ms. Rodrigues stated postcards were sent out to seniors. Ms. Rodrigues mentioned calling 211 to make an appointment for the vaccine. NEW BUSINESS Vote to sign Community Partnership Agreement with Amazon Ms. Smedile asked if there were any changes to the terms of the agreement. Attorney Egan stated no. MOTION: Ms. Bates motioned to approve and sign the Community Partnership Agreement with Amazon. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote to sign an assignment of the TIF Agreement with Amazon and Hillwood MOTION: Ms. Smedile motioned to sign the assignment of the TIF Agreement with Amazon and Hillwood. Mr. DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Appointments MOTION: Ms. Bates motioned to appoint Stephanie Aude to Cultural Council for a term ending June 30, 2022 and Kevin Dube to Sustainability Committee for a term ending June 30, 2023. Ms. Smedile seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. CONSENT ITEMS Accept the grant in the amount of $40,000 from the Municipal Discretionary Fund for meals from local restaurants to be distributed by YMCA Ms. Rodrigues explained contracts will be given to local restaurants that will be creating meals for people that do not have food in North Andover. MOTION: Mr. Vaillancourt motioned to accept the grant in the amount of $40,000 from the Municipal Discretionary Fund for meals from local restaurants to be distributed by YMCA. Mr. DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF JANUARY 25, 2021 Mr. Vaillancourt mentioned and recognized the more detailed minutes. MOTION: Mr. Vaillancourt motioned to approve the Open Session minutes of January 25, 2021. Ms. Bates seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. OLD BUSINESS None TOWN MANAGER’S REPORT Ms. Rodrigues stated Round 1 grants have been completed and additional funding is available now opening Round 2 adding auto repair as eligible along with the local restaurants and personal services. SELECT BOARD’S UPDATE AND COMMENTS None ADJOURNMENT MOTION: Mr. DeCologero made a MOTION, seconded by Ms. Bates to adjourn the meeting at 9:43 PM. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard Vaillancourt, Clerk of the Board Documents used at meeting: License Applications Budget Presentation Agreement Volunteer Applications Donation Minutes