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Home My WebLink About2021-09-13 Board of Selectmen Minutes SELECT BOARD MINUTES SEPTEMBER 13, 2021 Call To Order: Chairperson Laura Bates called the meeting to order at 6:30PM in the Town Hall Select Board Meeting Room. The open session meeting was recorded. Attendance: Chair Laura Bates, Janice Phillips, Clerk Rosemary Smedile, Richard Vaillancourt, Chris Nobile, Town Manager Melissa Murphy Rodrigues, Director of Administrative Services Laurie Burzlaff and Deputy Town Manger Denise Casey were present. EXECUTIVE SESSION Chair Bates stated the Board will enter Executive session to conduct strategy with respect to litigation, to discuss strategy with respect to collective bargaining and declared an open meeting will have a detrimental effect on the litigating position of the Board. MOTION: Mr. Vaillancourt motioned the Select Board move into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(3)-to conduct strategy session with respect to litigation and collective bargaining. Ms. Smedile seconded. Roll call vote: Bates- yes, Phillips-yes; Smedile-yes, Vaillancourt-yes; Nobile-yes. Motion approved 5-0. The Board returned to Open Session at 7:05PM. Swearing In-Lieutenant Matt Davis Chief John Weir spoke about the career of Lieutenant Matt Davis. Town Clerk Dawne Warren, swore in Lieutenant Matt Davis. Recognition-Josmarie Vargas Jeff Crosby spoke about the early morning on August 10, 2021 at 4:30AM on 66 Union Street. Josmarie Vargas alerted residents of 66 Union Street about a fire and she contacted 911. Ms. Bates presented Ms. Vargas with a certificate. (Out of Order) Request of Fire Chief John Weir to surplus and donate a 2008 Chevrolet 4500 Ambulance to Rehab Five MOTION: Ms. Smedile motioned that the Select Board surplus the 2008 Chevrolet 4500 Ambulance and donate it to Rehab Five. Ms. Phillips seconded. Motion approved 5-0. Public Comment Timothy Edson of 220 Osgood Street commented regarding signage proposed on Baystate Road to have the days and times of Do Not Enter put on the sign. Update on COVID-19 Ms. Rodrigues gave an update on COVID-19: 1) On 9/9 there were 89 active cases. 17 cases- Ages 0-11, 1 case- Ages 12-15 (not vaccinated), 8 cases- Ages 16-19 (3 vaccinated), 15 cases- Ages 20-29 (8 vaccinated), 28 cases- Ages 30-49 (12 vaccinated), 13 cases- Ages 50-64 (4 vaccinated), 4 cases- Ages 65-74 (2 vaccinated) and 3 Cases- Ages 75+ (2 vaccinated) 2) 50% are household clusters, 2.81% positivity rate 3) Have been 4,167 tests administered. Merrimack College tested all students so testing is up but positivity rate is down 4) 95% of the case are the Delta Variant 5) Total deaths remain at 89 for the past 2 months Public Hearing- Removal of Public Shade Trees-Gas Restoration Contract 2 Area Jim Stanford and John Borgesi of Department of Public Works gave presentation. Curtis Johnson and Kelly Meisinger were also present. Mr. Stanford stated 59 trees must be removed as they have been identified as hazardous. Mr. Stanford stated there should be a focus on tree replacement and the plan is to replace the trees on a 1:1 ratio. Mr. Stanford stated larger 1 SELECT BOARD MINUTES SEPTEMBER 13, 2021 diameter trees would be placed in open areas and suggested placing trees on backside of sidewalks on private property and some residents stated they would be interested in this idea. Ms. Smedile mentioned potentially using Amazon funds for planting and maintaining trees. Ms. Smedile mentioned being in favor of planting trees on private property if homeowner was interested and the homeowner would care for the trees on their property. Ms. Smedile asked for just the hazardous trees to be taken down and leave the rest where possible. Mr. Stanford stated that is the plan. Mr. Vaillancourt asked of trees can be taken down and replaced in sections. Mr. Stanford stated it would be difficult because of drainage and typically restoration is done after everything else is complete. Ms. Bates asked about the timeline to use Columbia Gas funds. Mr. Stanford stated 5 years but with COVID-19 and additional restoration work everything is about a year behind. Mr. Vaillancourt stated there is no deadline for Amazon money. Ms. Rodrigues confirmed that the $700,000 will be received over time ($175,000 per year). Ms. Phillips mentioned that Dewey Street has been very impacted and would like to see larger trees planted on that street. MOTION: Mr. Vaillancourt motioned to open the public hearing for the removal of public shade trees in Gas Restoration Contract 2 Area. Ms. Phillips seconded. Motion approved 5-0. 1) Jennifer Poss of 40 Belmont Street stated being against the removal of public shade trees and to try a different method. 2) Lynn Langton of 10 Surrey Drive stated concern about the climate crisis and that mature trees help as environmental assets. 3) Heather McNeil of 1315 Union St stated the hope that more trees will be planted more than the 1:1 ratio that had been mentioned and would like a letter mailed to residents with the options of placement and variety of trees that will be offered. 4) Chris Allen of 3 Belmont Street stated there are several trees on the street, does not feel that taking some of the trees down will be an issue and looking forward to having sidewalks to be able to use. 5) Nancy Sarro of 44 Equestrian Drive stated does not live in affected neighborhood but is active in climate justice and asked the Board to reduce some of the trees that are scheduled to be removed. 6) Elizabeth Garron of 85 Johnson Street stated does not live in the affected area but asked the Board if they can give direction to explore alternatives with the neighbors and plant native trees that belong in this area. 7) Joe Mikols of 9294 Union Street asked what changes are to be expected to his home. Mr. Stanford stated Union Street would be done in the next 1 ½ years and the driveways will not be constricted during the sidewalk project. 8) Justin Nealey of 13 Union Street asked about the relationship the Town has with the utilities and where they take responsibility for taking away some assets. Mr. Stanford stated National Grid has been better to work with lately but sometimes it is difficult if cutting is needed due to obstruction to their lines as they will cut and it may not come out neatly. Ms. Smedile stated to try to save the trees where possible. Mr. Vaillancourt also stated to save the trees where possible and to choose mature trees that will survive and thrive. Mr. Vaillancourt asked to look into programs where residents can have a tree planted in their yard. MOTION: Mr. Vaillancourt motioned to close the public hearing for the removal of public shade trees in Gas Restoration Contract 2 Area. Ms. Smedile seconded. Motion approved 5-0. Public Hearing- Joint Pole Petition from National Grid and Verizon New England-Forest Street MOTION: Ms. Phillips motioned to open the public hearing for the petition of National Grid and Verizon New England for a joint pole located on Forest Street. Ms. Smedile seconded. Motion approved 5-0. Paulo Sathler, representative of National Grid, was present at the meeting and explained about the push brace being placed on the pole on Forest Street. Mr. Vaillancourt asked why a push brace needs to be used rather than a stronger pole. Mr. Sathler explained after a certain angle the lines pull the pole. Mr. Vaillancourt stated he would like it to be re-engineered and does 2 SELECT BOARD MINUTES SEPTEMBER 13, 2021 not want a buddy pole. Mr. Sathler explained on bends of streets a push brace is used to stop it from bending. Ms. Bates asked if there were any public comments. No public comments. MOTION: Mr. Vaillancourt motioned to close the public hearing for the petition of National Grid and Verizon New England for a joint pole located on Forest Street. Ms. Smedile seconded. Motion approved 5-0. Vote on removal of public shade trees MOTION: Ms. Smedile motioned to approve the removal of the public shade trees conditional to the following: 1) evaluation of each healthy tree to determine if it must be removed from the impacted area to install sidewalks, 2) explore planting of trees on both private and public properties, 3) purchase and plant the largest most dense trees that will prosper, 4) plant trees by neighborhood, when possible and continue to explore mitigation measures and strategies for trees. Mr. Nobile seconded. Motion approved 5-0. Vote on joint petition of National Grid and Verizon New England to install pole on Forest Street MOTION: Mr. Nobile moved to approve the petition of National Grid and Verizon New England-#30350642, subject to the conditions contained in the proposed order as presented. Ms. Phillips seconded. Motion approved 5-0. Request of Lee Bluemel of Interfaith Clergy to use the Common on September 19, 2021 from 3:00PM-4:00PM for an interfaith ritual to mark 3rd anniversary of MV gas disaster MOTION: Mr. Vaillancourt motioned that the Select Board approve the request of Lee Bluemel of Interfaith Clergy to use rd the Town Common on September 19, 2021 for an interfaith ritual to mark the 3 Anniversary of the Merrimack Valley Gas Disaster. Ms. Phillips seconded. Motion approved 5-0. Vote to adopt Multi-hazard Mitigation and Vulnerability Plan 2021 Andrew Shapiro and Jennifer Hughes were present at the meeting and gave a presentation on the multi-hazard mitigation and vulnerability plan. Ms. Hughes mentioned North Andover is the first community in the Merrimack Valley to have an updated plan. MOTION: Mr. Nobile motioned that the Select Board adopt the Multi-hazard Mitigation and Vulnerability Plan 2021, as presented. Ms. Smedile seconded. Motion approved 5-0. (Out of Order) Approval of “Do Not Enter” signs on Beacon Hill Boulevard and Bay State Road at intersection with Chickering Road John Borgesi and Jim Stanford of the Department of Public Works asked for approval of signs due to excessive cut-through traffic on Beacon Hill Blvd and Bay State Road due to proximity with schools with pickups and drop offs on Route 125. Ms. Phillips asked if there were traffic studies completed. Mr. Borgesi stated no, it stemmed from a proposed installation of a new crosswalk. Mr. Borgesi stated he received feedback from the Police Department and Dr. Mealey at the School Department concerned with the amount of traffic coming from Route 125 to Beacon Hill Blvd. Ms. Phillips asked what will happen with the outcome of moving the traffic to a different location. Mr. Borgesi stated at the end of the day it is the safety for the pedestrians and the need to be at a more controlled location. Mr. Vaillancourt asked what kind of signaling is at the crosswalk. Mr. Borgesi stated the rapid rectangular flashing beacons and are creating a School Zone that is approved by DOT. Ms. Bates asked when the Fields Project moves forward would the light be revisited. Ms. Rodrigues stated yes, it would be revisited. Ms. Bates asked about the exit at the Middle Schools and ABCC is preventing left hand turn and forcing traffic around. Mr. Borgesi stated once a signal goes in you will have full right and left hand turns. Ms. Bates asked if the signal is guaranteed. Mr. Borgesi stated it needs to be applied for through the DOT.Elise Edson of 220 Osgood Street commented on the traffic on Chickering Road in the morning. Thom Dugan of 48 Beacon Hill Blvd commented on the traffic patterns that occurred after the development of the Bradstreet School which dramatically increased traffic on Route 125 and school. MOTION: Ms. Phillips motioned that the Select Board approve the installation of “Do Not Enter” signs on Beacon Hill Boulevard and Bay State Road at the intersections with Chickering Road with the condition to review in six months after the construction to see if there have been improvements. Mr. Vaillancourt seconded. Motion approved 5-0. 3 SELECT BOARD MINUTES SEPTEMBER 13, 2021 Mr. Vaillancourt asked when the construction will begin. Mr. Borgesi stated if materials cannot be obtained it will be in the spring otherwise it will before November 15, 2021. Appointments: 1. Remo Zimbaldi to the Council on Aging 2. Daniel Moore to Emergency Management 3. Tim Willett to Greater Lawrence Sanitary District Board of Commissioners MOTION: Mr. Nobile motioned that the Select Board appoint Remo Zimbaldi to the Council on Aging through June 30, 2024, Daniel Moore to Emergency Management through June 30, 2022 and Tim Willett to the Greater Lawrence Sanitary District Board of Commissioners through June 30, 2024. Ms. Phillips seconded. Motion approved 5-0. LICENSING MOTION: Mr. Nobile motioned to open a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. Change of manager-Stevens Estate Ms. Rodrigues stated Humara Brady will be the manager of the Stevens Estate for the next 33 days. MOTION: Ms. Phillips motioned that the Select Board, acting as licensing commissioners approve the change of manager for the Steven Estate. Ms. Bates seconded. Motion approved 5-0. Application from Anh Le of Love Green LLC for a Common Victualler and Annual Entertainment License MOTION: Mr. Vaillancourt motioned that the Select Board, acting as licensing commissioners approve the application from Anh Le of Love Green LLC for a Common Victualler and Annual Entertainment License at 733 Turnpike Street. Ms. Bates seconded. Motion approved 5-0. Application from Paul Gallant on behalf of Merrimack College for a one day wine and malt liquor license from 5:00PM to 8:00PM for a Block Party to be held at 315 Turnpike Street Lot H on September 17, 2021 MOTION: Mr. Vaillancourt motioned that the Select Board, acting as licensing commissioners approve the application from Merrimack College for a one day wine and malt liquor license from 5:00PM to 8:00PM for a Block Party to be held at 315 Turnpike Street Lot H on September 17, 2021. Ms. Phillips seconded. Motion approved 5-0. Applications from Tricia Dunphy of Smolak Farms for four (4) one day wine and malt liquor licenses and a waiver of police detail for all four events, for a Fall Festival held in the festival tent behind the farm stand on September 18th, 19th, 25th and 26th from 10:00AM to 5:00PM MOTION: Ms. Phillips motioned that the Select Board, acting as licensing commissioners approve the applications from Tricia Dunphy of Smolak Farms for four one day wine and malt liquor licenses for the Fall Festival held in the festival tent behind the farm stand on September 18th, 19th, 25th and 26th from 10:00AM to 5:00PM and further move to waive the police detail for all events. Ms. Smedile seconded. Motion approved 5-0. Applications from Deborah Ingalls of Butlers and Bars for three (3) one day liquor licenses for the following events in the large event tent and request for waiver of the police details: September 18th and 19th are Wedding Receptions and October 7th is an employee appreciation dinner MOTION: Mr. Vaillancourt motioned that the Select Board, acting as licensing commissioners approve the applications from Deborah Ingalls of Butlers and Bars for three one day all alcohol liquor licenses for wedding receptions on September 18, 2021 and September 19, 2021 and an employee appreciation dinner on October 7, 2021 and further move to waive the thth police detail for the events on September 19 and October 7. Ms. Smedile seconded. Motion approved 5-0. 4 SELECT BOARD MINUTES SEPTEMBER 13, 2021 MOTION: Ms. Phillips motioned to close a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. CONSENT ITEMS A. Accept Green Communities Grant in the amount of $192,589.00 B. Surplus vehicle- Police Department C. Accept donations to the Stevens Memorial Library D. Surplus property-Fire Department E. Affordable Unit Resales-106 Cortland Drive and 30 Ciderpress Way F. Surplus property- Stevens Estate MOTION: Ms. Phillips motioned to move that the Select Board approve and accept all consent items. Mr. Nobile seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF August 9, 2021 and August 30, 2021 MOTION: Mr. Nobile motioned to approve the Open Session minutes of August 9, 2021 and August 30, 2021. Ms. Phillips seconded. Motion approved 5-0. TOWN MANAGER’S REPORT Ms. Rodrigues gave the following report: th - 375 Anniversary- creating a website for the event - Gala will be postponed until May 13, 2022 SELECT BOARD COMMENTS th - Ms. Smedile mentioned participating in creating an online time capsule for the 375 Anniversary - Ms. Phillips mentioned the Fall Festival over the weekend at the Commons ADJOURNMENT MOTION: Mr. Nobile made a MOTION, seconded by Ms. Phillips to adjourn the meeting at 10:06PM. Motion approved 5- 0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: License request Memorandum Letter Application for request Minutes 5