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Home My WebLink About2021-03-16 Board of Selectmen Minutes BOARD OF SELECTMEN MARCH 16, 2021 Call To Order: Chairman Chris Nobile called the meeting to order at 5:26PM. 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, Andrew Shapiro 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 read public comments that were received. 1) Kevin Driscoll: public comment regarding the Stevens Estate to hold any formal decision to enter into an agreement with Fireside Catering. 2) Jennifer Luz: public comment concerning the proposal from Fireside Catering. Ms. Luz does not feel the proposal presented is the best overall financial option for the Town and it fails to meet the town’s objectives for the Estate; it is more for a catering proposal. Ms. Luz believes if the Trustees were able to submit their proposal that it would be more aligned with the goals and objectives. Ms. Luz asked to run the RFP process over again. 3) Bill Callahan of Lyman Rd: Thanked the Town Manager and Town Staff as well as Evaluation Committee for their diligent work on the Stevens Estate RFP. 4) Alison Kerrigan, General Manager and Tara Cucchiara, Director of Sales Marketing of Artisan Chefs Catering: Ms. Rodrigues stated Artisan Chiefs Catering is a preferred caterer at the Stevens Estate. Ms. Kerrigan stated that they are a full service caterer and can provide many services. Ms. Kerrigan asked to delay accepting bids because there are other options to serve the community and clients. 5) Thom Dugan: Mr. Dugan stated his concern with an employee being laid off as well as the economics on the proposal that was received. 6) Joe Pelich of Great Pond Rd: Mr. Pelich commented that there were missing documents that were supposed to be submitted with the proposal from Fireside Catering that were not submitted. 7) Jim LaFond: Mr. LaFond commented that Fireside Catering’s proposal was received incomplete. Update on Stevens Estate Request for Proposals Ms. Rodrigues went through the presentation of the Stevens Estate proposal. In summary, the proposal is a 10 year proposal with two five year extensions. Ms. Rodrigues explained the following: - The proposal is a management agreement with an exclusive catering contract, pricing will be for 10 years - For the first 10 years all the funds will be invested back into the Estate - Management fee will increase by 2% each year starting in 2023 - Town will receive 8% of catering revenues beyond $750,000 per year net revenue. Ms. Rodrigues stated she would find out if the $750,000 includes liquor sales. Ms. Rodrigues stated the Town will be liable for electricity and would keep insurance on building. Mr. Nobile asked how much the insurance is. Ms. Rodrigues stated it is included in the current Town insurance making it difficult to break down. Ms. Smedile asked if they are taking care of plowing. Ms. Rodrigues stated it can be negotiated. Ms. Rodrigues stated she would also figure out public access during the negotiations. Ms. Rodrigues stated that major capital improvements will be completed by the Town using funding from the revenue of the contract. Ms. Rodrigues stated the next step would be to contact Fireside Catering to let them know that North Andover will award the contract contingent that two items are provided: 1) Bring forward a definitive plan on how Fireside Catering will care for entire estate including trails and if there is a non-profit partner there needs to be a signed letter of intent stating who the partner is 2) Pending successful negotiation of that contract Ms. Rodrigues suggested creating a revolving account at Town Meeting which would only be to take all revenue received from Fireside Catering and could only be used at the Stevens Estate for stated purpose of maintenance and capital projects. Ms. Smedile asked what the difference was between a revolving account and an enterprise account. Ms. Rodrigues explained the revolving account can only be used for specific purpose and enterprise account need to create a budget. Mr. Vaillancourt asked if all concerns can be addressed at the contract negotiations and see if they could partner with a non-profit. Ms. Rodrigues stated yes. Ms. Smedile asked if terms cannot be negotiated can it go back out to bid. Ms. Rodrigues stated yes. Mr. DeCologero stated his concern with the amount of staff hours used on this project. Ms. Rodrigues stated it will tracked. Ms. Bates asked what happens if an applicant defaults on their contract. Ms. Rodrigues stated there is language built into the contract. Ms. Bates stated that what has been made over the past 14 years at the Estate has been low and how will the capital improvements be addressed. Ms. Rodrigues stated they would figure out what would be short and long term capital improvements. Mr. Vaillancourt stated the Long-Term Committee suggested to have a non-profit partner. Ms. Rodrigues stated would speak with Fireside Catering to put as a contingency. Mr. Nobile asked if KP Law could give an opinion that North Andover can move forward with the evaluation since there was only one bid. Ms. Rodrigues stated she would contact KP Law. Mr. Nobile suggested there should be one Select Board member as a liaison to Melissa for input with the negotiations and suggested Mr. Vaillancourt to be the representative. Ms. Smedile asked if she could also be a representative. Ms. Rodrigues stated there can only be one representative and suggested to split topics for both Ms. Smedile and Mr. Vaillancourt to cover. Ms. Burzlaff mentioned there was an additional public comment that came in from John Mabon of the Conservation Commission regarding the current bidder not meeting full submittal requirement. Ms. Bates asked how long communications will take. Ms. Rodrigues stated that it is difficult to determine at this point. Ms. Rodrigues asked the Select Board to confirm the following in regard to an award of the bid to Fireside Catering with the following contingencies: 1) Would partner with a non-profit 2) Negotiate amenable terms of contract Ms. Rodrigues stated in addition the following would occur: - Mr. Vaillancourt and Ms. Smedile would both help with input for negotiations as liaisons from the Select Board - Open a revolving account for funds - Put a conservation restriction on at Town Meeting - Ms. Rodrigues read a public comment sent in by CJ Gangi asking to reconsider restarting the RFP process to include additional bids. Stevens Estate Enterprise Fund Financial Review Ms. Rodrigues spoke about the recent Stevens Estate Enterprise Fund Financial Review. Mr. DeCologero asked Ms. Rodrigues to explain what DLS is. Ms. Rodrigues explained it is the Division of Local Services at the Department of Revenue which is a State revenue that reviews all financial statements and accounting. Ms. Rodrigues read the review. ADJOURNMENT MOTION: Ms. Bates made a MOTION, seconded by Ms. Smedile to adjourn the meeting at 6:56 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: Public comments Fireside Catering Proposal Financial Review