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HomeMy WebLinkAbout2022-09-12 Board of Selectmen Minutes NORTH ANDOVER SELECT BOARD MINUTES SEPTEMBER 12, 2022 Call To Order: Chair Janice Phillips called the open meeting to order at 7:00PM in the School Administration Building. Select Board In Attendance: Chair Janice Phillips (remote), Laura Bates, Clerk Rosemary Smedile and Richard Vaillancourt were present. Non-Board Members In Attendance: Town Manager- Melissa Murphy Rodrigues, Assistant Town Manager- Laurie Burzlaff, Deputy Town Manger- Denise Casey. EXECUTIVE SESSION Chair Phillips stated the Board will enter Executive Session to discuss strategy with respect to collective bargaining and declared that an open meeting will have a detrimental effect on the litigating position of the Board. MOTION: Ms. Bates motioned that the Select Board enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(3) to discuss strategy with respect to collective bargaining. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. The Board returned to Open Session at 7:00PM. The open session meeting was recorded. PUBLIC COMMENT Ms. Smedile asked Chair Phillips to move out of order due to time sensitivity. Ms. Smedile stated she is still getting estimates on wreaths since supply chain is having difficulty so it will be in the upcoming tax bill in October but rather will be posted online. Ms. Smedile stated the North Andover Women’s Club is working with the Fire Department to have a CPR course which is th hands on only on Wednesday September 14. Select Board Meeting Calendar & FY 24 Budget Calendar Select Board members reviewed the upcoming calendar and FY24 budget calendar. All member agreed with dates. PUBLIC HEARING- Application from AT&T for small cell wireless facility at 70 Elm Street MOTION: Ms. Bates motioned to open the public hearing for the application from AT&T for small cell wireless facility at 70 Elm Street. Ms. Smedile seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Attorney Edward Pare was present representing AT&T. Attorney Pare explained the procedure regarding the utility pole at 70 Elm Street. Ms. Bates asked if this will be a new pole. Attorney Pare stated yes and the old pole will be removed. Ms. Smedile asked if the pole will be a wood pole. Attorney Pare stated yes it will be about 36 feet tall. Dagmar Schnellinger of 83 Elm Street asked for a drawing of what it will look like since the pole is located in front of their home. MOTION: Ms. Smedile motioned to close the public hearing for the application from AT&T for small cell wireless facility at 70 Elm Street. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Vote on application from AT&T for small cell wireless facility at 70 Elm Street MOTION: Mr. Vaillancourt motioned to approve the application of AT&T for small cell wireless facility at 70 Elm Street. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Request from AT&T to extend small cell wireless facility application for 190 Academy Road 1 NORTH ANDOVER SELECT BOARD MINUTES SEPTEMBER 12, 2022 Attorney Pare stated this location is still working with the Old Center Historic District Commission and needs to seek an extension. MOTION: Mr. Vaillancourt motioned to approve the request from AT&T to extend their small cell wireless facility application at 190 Academy Road. Ms. Smedile seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Approval of ARPA funding requests Community Development- 25% rail trail design Andrew Shapiro was present at the meeting to explain the project requests of ARPA funding. Ms. Smedile asked if there are limitations for what rail trail can be used for. Mr. Shapiro stated it is not intended for motorized vehicle use other than possible National Grid motorized vehicles use and emergency vehicles. MOTION: Ms. Bates motioned to approve the request from Andrew Shapiro to use ARPA funding in the amount of $25,940.00 for the 25% rail trail design. Ms. Smedile seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Department of Public Works-sewer pump station improvements Jim Stanford and John Borgesi were present at the meeting and explained the proposed sewer pump station improvements. Ms. Bates asked the advantage of eliminating a pump station. Mr. Stanford stated the operation and maintenance cost elimination are the main advantages. Ms. Bates asked if it would help with the overflow that happens with the Merrimack. Mr. Stanford stated the large rain events are overwhelming to the system and it will continue to be an issue. Mr. Stanford stated the pumps and generators are a year out to order. Ms. Bates asked how long it will take to go through the projects. Mr. Stanford stated he is hoping to completed within a couple of years. Ms. Rodrigues stated the funds need to be spent by 2025. MOTION: Mr. Vaillancourt motioned to approve the request from Jim Stanford to use ARPA funding in the amount of $3,500,000 for sewer pump station improvements. Ms. Smedile seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Library- bookmobile Kathleen Keenan was present at the meeting to introduce the bookmobile. Mr. Vaillancourt asked if an existing employee will be driving the vehicle. Ms. Keenan stated she would like to see this as a pilot for two full time staffing positions. MOTION: Ms. Bates motioned to approve the request from Kathleen Keenan to use ARPA funding in the amount of $480,000 for a library bookmobile van. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Youth Center- social/emotional support staff Rick Gorman was present at the meeting seeking 2-year funding to hire social/emotional staff members. Mr. Gorman stated he would like to have a collaborative effort with the school department. MOTION: Ms. Smedile motioned to approve the request from the Rick Gorman to use ARPA funding in the amount of $172,010.00 to fund social/emotional support staff for 2 years. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. 2 NORTH ANDOVER SELECT BOARD MINUTES SEPTEMBER 12, 2022 Request of Ashley Vaillancourt of the Festival Committee to extend the Summer Fitness Series through September 30, 2022 MOTION: Ms. Smedile motioned to approve the request of the Festival Committee to extend the summer fitness series for Thursday nights at the Common until September 30, 2022. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Request of North Andover Historical Society for letter of support for elevator project Ms. Rodrigues explained the North Andover Historical Society elevator project. Ms. Bates asked why a variance is needed. James Warden was present at the meeting. Mr. Vaillancourt mentioned a letter was submitted from the Commission on Ability Assistance wanting to see a wall modified to address the sharp corner. Mr. Warden stated there will be a protective soft plastic rounded corner installed and the inner edge will be angled with a soft edge. MOTION: Ms. Smedile motioned to approve the request of North Andover Historical Society for a letter of support for the elevator project, subject to building inspector’s review. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Vote to sign MSBA Initial Compliance Certification for Kittredge School Project MOTION: Ms. Bates motioned to sign the MSBA Initial Compliance Certification for Kittredge School Project. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Appoint members of the School Building Committee MOTION: Mr. Vaillancourt motioned in accordance with 963 CMR 2.0, appoint Laura Bates, Melissa Murphy-Rodrigues, Laurie Burzlaff, Gregg Gilligan, Steve Foster, Jim Mealey, Richard Cushing, Denevan O’Connell, Eva Hamori, Diana Beckley, Kathleen Colwell and Maureen Sakakeeny to the School Building Committee for Kittredge School, as assigned in letter to MSBA. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Appointment of Select Board member to Master Plan Implementation Committee MOTION: Ms. Smedile moved to appoint Richard Vaillancourt to the Master Plan Implementation Committee. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Appoint new Licensing Chair MOTION: Mr. Vaillancourt moved to appoint Rosemary Smedile as the Licensing Chair. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Discussion regarding Select Board vacancy Ms. Rodrigues went over whether or not to fill the vacancy of the fifth Select Board member or to continue as a four-member board. Ms. Smedile suggested to move forward and continue with four members. Mr. Vaillancourt, Ms. Bates and Ms. Phillips agreed. Select Board FY24 goals Ms. Rodrigues went through the Select Board goals for FY24. Ms. Rodrigues asked the Select Board to email her individually with the boards they’re interested in and it will be further discussed at the October 3rd meeting. Set date for Annual Town Meeting 3 NORTH ANDOVER SELECT BOARD MINUTES SEPTEMBER 12, 2022 Ms. Rodrigues stated May 16, 2023 is the suggested date for the Annual Town Meeting. Ms. Bates asked if the date can be coordinated with youth sports and can schedule around Town Meeting date. MOTION: Ms. Smedile moved to set the date of the 2023 Annual Town Meeting as May 16, 2023. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Request from Essex County Regional Lyons Club to proclaim the month of September as Childhood Cancer Awareness Month Ms. Smedile read the proclamation. MOTION: Ms. Bates motioned to proclaim September as Childhood Cancer Awareness month. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Discussion regarding Town Counsel position Ms. Rodrigues summarized the options of in-house counsel or an outside firm, KP Law. Ms. Rodrigues recommended bringing an in-house counsel to interview at the next meeting. Ms. Bates asked when an in-house counsel was last brought in. Ms. Rodrigues stated around FY17. Mr. Vaillancourt asked about what is an administrative line and a town line. Ms. Rodrigues stated administrative refers to the school. Ms. Rodrigues stated the benefits for the in-house counsel will be rd around $21,000 a year. Ms. Rodrigues stated a candidate will be brought to the October 3 meeting. Confirm Town Manager’s appointment of Jennifer LeBourdais to the Board of Health MOTION: Mr. Vaillancourt motioned to confirm the Town Manager’s appointment of Jennifer LeBourdais to the Board of Health. Ms. Smedile seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Approval of Community Compact Best Practices for grant application MOTION: Mr. Vaillancourt motioned to approve the following best practices: To conduct a community needs assessment to ascertain community buy-in and goals related to diversity, equity and inclusion, and develop a bridge/culvert preventative maintenance plan to help prolong the life of these critical transportation assets. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Vote to add Fall Ball Coordinator as a Special Municipal Employee MOTION: Mr. Vaillancourt motioned to add the Fall Ball Coordinator position as a Special Municipal Employee. Ms. Smedile seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Sign acceptance of Deed for 400 Great Pond Road MOTION: Mr. Vaillancourt motioned to sign the acceptance of deed for 400 Great Pond Road, as presented and authorize the Town Manager to sign all required closing documents. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Appointments Kristyn Perry - Festival Committee MOTION: Mr. Vaillancourt appoint Kristyn Perry to the Festival Committee for a term ending June 30, 2023. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Abhi Bhattacharya - Cultural Council 4 NORTH ANDOVER SELECT BOARD MINUTES SEPTEMBER 12, 2022 MOTION: Mr. Vaillancourt appoint Abhi Bhattacharya to the Cultural Council for a term ending June 30, 2024. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Allen Naffah – Council on Aging MOTION: Mr. Vaillancourt motioned to appoint Allen Naffah to the Council on Aging for a term ending June 30, 2025. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Priscilla Raposo – Council on Aging associate member MOTION: Mr. Vaillancourt motioned to appoint Priscilla Raposo to Council on Aging as an associate member for a term ending June 30, 2025. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. LICENSING MOTION: Mr. Vaillancourt motioned to open a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. (out of order) Application from Paul Gallant of Merrimack College for a one day wine and malt liquor license on September 22, 2022 from 5:30PM to 8:30PM for a ribbon cutting reception at the new engineering school MOTION: Mr. Vaillancourt motioned to approve the application from Paul Gallant of Merrimack College for a one day wine and malt liquor license on September 22, 2022 from 5:30PM to 8:30PM for a ribbon cutting reception at the new engineering school subject to the applicant receiving the Certificate of Occupancy for the building subject to conditions of police detail required and occupancy limits. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. (out of order) Application from Deborah Ingalls of Butlers and Bars for a one day all alcohol liquor license on October 6, 2022 from 4:00PM to 8:00PM in the tent at Smolak Farms MOTION: Mr. Vaillancourt motioned to approve the application from Deborah Ingalls of Butlers and Bars for a one day all alcohol liquor license on October 6, 2022 from 4:00PM to 8:00PM in the tent at Smolak Farms for a staff appreciation dinner and waive the police detail. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Application from Colleen Hamilton of Trustees of Reservations for two (2) one day wine and malt liquor licenses for fall festivals at Stevens Coolidge Place on September 24 and 25, 2022 from 11:00AM to 3:00PM th Ms. Rodrigues stated the September 25 date had been withdrawn and the police require a detail. MOTION: Mr. Vaillancourt motioned to approve the application from Colleen Hamilton of Trustees of Reservations for a one day wine and malt liquor license for a fall festival at Stevens Coolidge Place on September 24, 2022 from 11:00AM to 3:00PM with a police detail. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. MOTION: Mr. Vaillancourt motioned to close a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. CONSENT ITEMS A. Accept donation in the amount of $25,200 from Minco Development for the Senior Center perimeter wall Mr. Shapiro explained that the donation was for making the wall at the new Senior Center look uniform. 5 NORTH ANDOVER SELECT BOARD MINUTES SEPTEMBER 12, 2022 MOTION: Ms. Bates motioned to accept consent item. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. APPROVAL OF OPEN SESSION MINUTES OF AUGUST 15, 2022 & AUGUST 17, 2022 MOTION: Ms. Bates motioned to approve the Open Session minutes of August 15, 2022 and August 17, 2022. Mr. Vaillancourt seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Old Business None Town Manager’s Report th - Town Hall will be closed on Tuesday September 13 from 12PM-1PM for Employee Appreciation Lunch - Ms. Rodrigues thanked Matt Davis in the Fire Department for the 9/11 Ceremony th - Hazardous Waste Day is on Saturday October 15 from 9AM-1PM - Ms. Rodrigues thanked Town Clerk Dawne Warren and her amazing team for a great election - Ms. Casey stated that she and Ms. Rodrigues will be attending the International City Council Managers Expo in Ohio. Ms. Burzlaff and Ms. Casey nominated Ms. Rodrigues for the Trailblazer award in which only 10 women are selected and Ms. Rodrigues is one of the 10 selected. Select Board Report th - Ms. Smedile mentioned that a proclamation was given to the Mulcahy’s for their 70 wedding anniversary - Ms. Smedile sent out her condolences to England for their recent loss. ADJOURNMENT MOTION: Ms. Smedile made a MOTION, seconded by Ms. Bates to adjourn the Select Board meeting at 9:08PM. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes. Motion approved 4-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Memorandum Presentations Donation Letter Volunteer Forms License applications Minutes 6