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HomeMy WebLinkAbout2021-03-08 Board of Selectmen Minutes BOARD OF SELECTMEN MARCH 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. ATTENDANCE: Laura Bates, Phil DeCologero, Rosemary Smedile, Richard Vaillancourt and Chairman Chris Nobile. Town Manager, Melissa Murphy Rodrigues and Director of Administrative Services, Laurie Burzlaff 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 are three public comments and will read them when the agenda item is addressed. Route 114 Corridor Improvements- MassDOT Presentation Charles Gregory with GPI, Larry Cash with MassDOT, Joe Johnson and Ronald Headrick gave presentation on the Route 114 Corridor Improvements. Mr. Gregory presented the following highlights as to the need to improve the area: Existing Conditions: -Multiple High Crash Intersections -Inconsistent roadway section -Lack of roadway capacity at various locations -No bicycle accommodations -Unconnected/missing pedestrian facilities/lack of ADA compliance -Poor roadway geometry at various locations -Poor pavement conditions -Drainage improvements needed Mr. Gregory stated MassDOT is proposing: -A 5 lane highway with sidewalks for the purpose of improving safety and mobility for all users to address the safety and capacity issues along the corridor per the Route 114 Corridor Study and road safety audits. -Project design must be consistent with MassDot’s Healthy Transportation Policy directive Mr. Vaillancourt asked about the three parcels near Hillside Road that are being acquired and asked about several other homes on Hillside that may be impacted. Mr. Gregory stated the other houses have already been acquired. Mr. DeCologero th asked about the 5 lane. Mr. Gregory stated having the center lane helps to reduce the likelihood of crashes of about 44%. Ms. Rodrigues read a public comment from John McGarry concerning his property at 510 Turnpike St. Mr. Gregory stated they have been in contact with Mr. McGarry. Ms. Smedile asked what the goal is for this project. Mr. Johnson stated sidewalks and shared use paths are currently missing and providing a safe space by improving traffic in the area. Ms. Smedile asked about receiving an analysis of travel time during rush hour traffic. Mr. Johnson stated he could provide that. Mr. Vaillancourt asked if there could be a warning light to let drivers know that the light is about to turn red at Merrimack College. Mr. Johnson stated there would be plenty of line of site at this intersection but could possibly add additional signs in advance of the light. Mr. DeCologero asked if homeowners will receive compensation for losing any part of their property. Mr. Gregory stated yes it could be reset or can reimburse property owner as a part of the right of way acquisition. Ms. Rodrigues read a public comment from Andrea O’Donnell on Sargent Street asking about what other types of crosswalks accommodations are possible like an overhead walkway safer for pedestrians. Mr. Gregory stated has not fully considered that option due to cost. Mr. Johnson stated does not appear to be necessary at this point. Mr. DeCologero asked about an additional design that would be used for the future. Mr. Johnson stated they do not account for private development projects unless they’ve been approved for construction. Mr. Vaillancourt asked if there is a possibility of an underpass. Mr. Nobile stated will continue with discussion in the Spring/Summer. Ms. Rodrigues stated will have a public hearing for the public in the Spring. Discussion and possible vote to approve the Town’s participation in the Property Assessed Clean Energy (PACE) Massachusetts program Mr. Shapiro presented the PACE program. Mr. Shapiro stated the Town needs to opt into the program in order to allow for Town Administrative offices to place betterments and liens on properties. Wendy O’Malley and Dan Morais from Mass Development were present and gave presentation as follows: -Property Assessed Clean Energy (PACE) is a tax-based financing mechanism that enables low-cost, long term funding for energy improvements -PACE financing is repaid via a betterment assessment on a property’s tax bill -PACE betterment assessments work similar to improvements for public infrastructure that benefit specific properties (i.e. sidewalk or sewer) -Existing mortgage holders must provide written consent to a PACE financing and lien -Municipal liens are senior top PACE liens; unpaid PACE assessments are senior to all other private mortgage liens in a foreclosure -PACE assessments cannot be accelerated (only unpaid amount can be collected) -If property is sold, the remaining PACE assessment and PACE lien stays with the property and transfers to the new owner -No limit or maximum financing cost (project must still meet energy cost savings requirement) Mr. Vaillancourt asked Ms. O’Malley about the pros and cons with opting into the program. Ms. O’Malley stated there is staff time to set up billing and collecting of assessment for property and applying for financing. Mr. Vaillancourt asked for a pro. Ms. O’Malley stated it would allow commercial and industrial properties to be more competitive, looking to save money on utilities. Mr. Shapiro stated from a Town’s perspective additional assessments can be applied to the building such as future tax dollars that can be raised. Mr. Mitchell stated it is a way to reinvest in their property. Ms. Bates asked what would happen if a property owner defaults on their taxes. Ms. O’Malley stated PACE does not affect Town or municipality standing. MOTION: Ms. Bates motioned that the Select Board of the Town of North Andover approve the Municipality participating in PACE Massachusetts pursuant to the PACE Act, and authorize the Town Manager to enter into a PACE Massachusetts Municipal Assessment and Assignment Agreement (the “Agreement”) with MassDevelopment, pursuant to which the Municipality will agree to (i) levy PACE betterment assessments and impose PACE betterment assessment liens on benefitted properties located in the Municipality, in the amounts determined by MassDevelopment to be sufficient to repay the PACE financing, (ii) assign the PACE betterment assessment liens to MassDevelopment, which MassDevelopment may in turn assign to the providers of the PACE financing (each a “capital provider”), as collateral for such PACE financing, (iii) include on the property tax bills for the benefitted properties the installment payments necessary to repay the PACE betterment assessments, in the amounts and at the times as determined by MassDevelopment, (iv) collect and pay over to MassDevelopment or its designee, the PACE betterment assessment installment payments, as and when collected, and (v) enforce, to the extent required by the Agreement, the PACE betterment assessments and liens; the Agreement to be substantially in the form presented to this meeting, with such changes, modifications and insertions as the Town Manager may approve as being in the best interest of the Municipality. The Treasurer/Collector of the Town or such other Town agency as may be designated in the Agreement is authorized to levy such PACE betterment assessments and impose the PACE betterment assessment liens on behalf of the Town without further authorization by this legislative body. Notwithstanding any other provision of law to the contrary, officers and officials of the Municipality, including, without limitation, municipal tax assessors and tax collectors, are not personally liable to MassDevelopment or to any other person for claims, of whatever kind or nature, under or related to PACE Massachusetts, including, without limitation, claims for or related to uncollected PACE betterment assessments. Other than fulfillment of the obligations specified in the Agreement, the Municipality has no liability to the owner of the benefitted property or to any capital provider related to the Municipality’s participation in PACE Massachusetts. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Center Realty Trust Academy Road land transfer to the North Andover Improvement Society Ms. Rodrigues gave a background on the Center Realty Trust land transfer. Ms. Rodrigues stated there was 2 public comments, one comment was from North Andover Improvements Society giving the summary of the improvements that they’ve made over the years. Mr. Rodrigues read the other public comment from Academy Rd sent in by Kathy Stevens giving the background of the land. Ms. Rodrigues stated the only change is the owner of the deed. MOTION: Ms. Smedile motioned approve the transfer of land on Academy Road from the Center Realty Trust to the North Andover Improvement Society. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote on written documentation allowing Police Chief and Fire Chief to participate in collective bargaining Ms. Rodrigues stated the following: -it is helpful to have both chiefs involved in negotiations in collective bargaining -both chiefs are present with a signed disclosure -neither chief will be involved in COLAs or determining any financial aspects Ms. Smedile asked if all Select Board members need to sign or just the chair. Ms. Rodrigues stated just the chair will sign but all Select Board members would vote. Ms. Smedile asked if a comment can be added to state that both chiefs would not be involved in negotiating compensation, just for operational aspects only. Ms. Rodrigues stated negotiations would be between Denise Casey and Melissa Rodrigues and salary strategy would involve Denise Casey, Lyne Savage and Melissa Rodrigues only. Mr. DeCologero asked if the costs will be laid out on the impact of the department heads for a clear understanding of the salaries for the chiefs. Ms. Rodrigues stated yes. MOTION: Ms. Smedile motioned to move that as the appointing official for the Police Chief and Fire Chief, as required by Mass. Gen Law Ch. 268A Section 19, the Select Board have reviewed the particular matter and the financial interest identified by the municipal employees and have determined that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee. Ms. Smedile added to the motion to include that both Police Chief and Fire Chief will not be part of financial decisions. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Request of Gregory Minasian to raise the Armenian flag from April 23, 2021 to April 30, 2021 Ms. Smedile asked Ms. Rodrigues to reach out to the Veterans Organization. Ms. Rodrigues stated the Veterans Organization stated as long as the Armenian flag flies lower than the American flag it can be done. Ms. Smedile asked which pole and where. Ms. Rodrigues stated the Town Common during the week of 4/23-4/30. Ms. Bates noted that the application stated it was requested at Town Hall. Ms. Rodrigues stated flags are typically flown at the Common. Ms. Smedile stated she would like to see a set policy for a limited numbers of days for all groups that request flags. MOTION: Mr. DeCologero motioned to approve the raising of the Armenian Flag at the Town Common from April 23, 2021 to April 30, 2021. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. COVID-19 Ms. Rodrigues gave an update of the latest COVID-19 numbers. As follows: - 2552 in total, 2417 recovered, 48 active cases (4 from Merrimack) and 87 deaths in total - Over 2 weeks 94 cases average of 22.2% - 0.89 positive rate which is slightly higher than prior week - Phase IV Step 1 will start 3/22 - 105 businesses received $132,000 in grants from North Andover - Vaccination of home bound seniors will begin this week Mr. Nobile asked Ms. Rodrigues how possible relief money from the feds will be applied. Ms. Rodrigues stated the confirmation of the funds has not yet been received so it is difficult to determine how it will be applied. Mr. Nobile asked what number will bring North Andover into the green coding. Ms. Rodrigues stated it goes by number per 100,000 so for North Andover you have to have less than 10 average cases per 100,000, so under 30 as an average for 2 weeks. CONSENT ITEMS Sign warrant for March 30, 2021 town election and accept grant in the amount of $3,040.62 from MIIA MOTION: Ms. Smedile motioned to approve all consent items as presented. 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 FEBRUARY 22, 2021 MOTION: Ms. Bates motioned to approve the Open Session minutes of February 22, 2021. Mr. DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. OLD BUSINESS Hourly wage for Board of Registrars Ms. Rodrigues stated the hourly wage for Election Wardens is $20.00/hour and is recommending $20.00/hour for Board of Registrars during elections and voter registrations. Mr. DeCologero asked how it will work. Ms. Rodrigues stated it is per hour, one hour units. MOTION: Mr. Vaillancourt motioned to eliminate the stipend for the Board of Registrars and pay the Registrars a wage of $20.00 per hour beginning in FY2022. Mr. DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. TOWN MANAGER’S REPORT Mr. Vaillancourt recused himself and stated he is up for re-election and cannot be a part of next agenda item. In person early voting Ms. Rodrigues recommended not doing in person early voting due to the cost, as the State is not reimbursing any expenses, there is not an ample place to hold it and to reduce any extra staff exposure. Ms. Rodrigues stated mail in voting will occur. Mr. Vaillancourt returned to the meeting. Update on Stevens Estate RFP Ms. Rodrigues stated one bid was received and one bid was brought in after the deadline and was rejected, KP Law and Inspector General stated the bid was required to be rejected due to the missed deadline. Ms. Rodrigues stated the one bid was received from Fireside Catering and is unable to speak about the details at this time. Ms. Rodrigues asked the Select Board if there should be a short special meeting after the results from the evaluation committee. Mr. Nobile stated yes. Mr. DeCologero asked if there needs to be a reason to reject a bid. Ms. Rodrigues stated no but would want to avoid a bid protest by doing due diligence. Update on Royal Crest project Ms. Rodrigues stated a new website has been created, linked to the main North Andover website, for everything on Royal Crest. Ms. Rodrigues stated a Town Meeting needs to be held before moving forward with Royal Crest. Ms. Rodrigues mentioned having several Town Halls to bring information that has been received on the project to the residents. Mr. DeCologero stated there should be additional discussion on the Route 114 Corridor in regard to the homes being taken. Ms. Rodrigues stated she will reach out to the district group to explain that it is unacceptable and unfortunate to have to be presented in this manner. SELECT BOARD COMMENTS None ADJOURNMENT MOTION: Mr. DeCologero made a MOTION, seconded by Ms. Bates to adjourn the meeting at 9:49 PM. 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: Disclosure Memorandum Application for request Warrant Grant Minutes