The URL can be used to link to this page

Home My WebLink About2023-04-10 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES APRIL 10, 2023 EXECUTIVE SESSION Chair Phillips stated the Board will enter Executive to Pursuant to M.G.L. c. 30A § 21(a)(3)- to discuss strategy with regard to litigation- PFA and pursuant to M.G.L. c. 30A § 21(a)(3)- to discuss strategy with regard to litigation- Recreation Complex at 6:30PM. MOTION: Mr. Vaillancourt motioned that the Select Board enter Executive to Pursuant to M.G.L. c. 30A § 21(a)(3)- to discuss strategy with regard to litigation- PFA and pursuant to M.G.L. c. 30A § 21(a)(3)- to discuss strategy with regard to litigation- Recreation Complex. Ms. Bates seconded. Roll call vote: Bates- yes, Vaillancourt- yes, Smedile- yes, Phillips- yes, Roache- yes. Motion approved 5-0. The Board returned to Open Session at 7:00PM. The open session meeting was recorded. Call To Order: Chair Janice Phillips called the open meeting to order at 7:00PM in the Select Board Room. Select Board in Attendance: Chair Janice Phillips, Laura Bates, Clerk Rosemary Smedile, Brian Roache and Richard Vaillancourt were present. Non-Board Members in Attendance: Town Manager Melissa Rodrigues, Deputy Town Manager- Denise Casey and Assistant Town Manager- Laurie Burzlaff were present. PUBLIC COMMENT Stan Limpert, 143 Stonecleave Rd, spoke about being in favor of the ban on plastic bags. Mr. Limpert thanked Ms. Bates and Mr. Roache for their recent political campaigns and all of the effort put in. Ms. Phillips stated that several emails of public comment were received concerning the banning of plastic bags and the emails have all been entered for the record. LICENSING MOTION: Mr. Vaillancourt motioned to open a meeting of the North Andover Licensing Commission. Mr. Roache seconded. Motion approved 5-0. Application for renewal of junk dealer license from Robert Holland of 114 Jewelry and Antiques, 2350 Turnpike Street MOTION: Mr. Vaillancourt motioned approve the renewal application for a junk dealer license from Robert Holland of 114 Jewelry and Antiques, 2350 Turnpike Street. Mr. Roache seconded. Motion approved 5-0. MOTION: Ms. Phillips motioned to close a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 5-0. Public Hearing (continued from 2/27/23)- Application from AT&T for small cell wireless installation on utility pole near 477 Stevens Street (request to continue to May 8, 2023) Ms. Phillips stated there is a request to continue the meeting to May 8, 2023. Ms. Rodrigues stated there is a proposal to insert a new pole so AT&T will need more time to meet with the property owner that it would affect. MOTION: Ms. Bates motioned to continue the public hearing for the application from AT&T for small cell wireless facility near 477 Stevens Street until May 8, 2023. Ms. Smedile seconded. Mr. Vaillancourt recused himself as he is an abutter. Motion approved 5-0. 1 NORTH ANDOVER SELECT BOARD MINUTES APRIL 10, 2023 Laura Parks- Citizen petition (Article 17) Laura Parks of 147A Great Pond Road was present at the meeting and filed a petition on behalf of her daughter Erica Parks. Ms. Parks stated as her community service initiative she is asking to prohibit the sales of specific animals in pet shops. Mr. Vaillancourt asked if possibly could exclude the existing businesses from the proposed ban. Ms. Parks stated in the petition there is an effective date to give businesses time before the actual in effect date. Ms. Bates asked if there are any reasons why birds and hamsters are not included. Ms. Parks stated it is similar to what other communities are currently doing. Mr. Roche asked about the other communities that have adopted this. Jen Goldman- Citizen petition (Article 15 & 16) Jennifer Goldman, 428 Jared Pl., was present at the meeting to request moving Town Meeting to early June to allow college students to vote. Ms. Goldman stated the other article is to move to Saturday mornings as opposed to a weekday evening for the Town Meeting. Ms. Goldman asked Ms. Rodrigues about the budget transfers turnaround time. Ms. Rodrigues stated it depends on the year. Ms. Rodrigues stated all accounts have to be created, inputted, and can take up to a month. Ms. Rodrigues mentioned one of the articles is a bylaw change and one is an article change, which is why there are two articles. Christina Minicucci- Citizen petition (Article 13) Christina Minicucci, 12 Lavender Circle, Pat McGravy, teacher at North Andover Middle School and students from his Civics class presented their citizen petition (Article 13) William Symmes, Jr. Act to recognize his vote for ratification of US Constitution. Recommendations for warrant articles 12-30 Article 12- Withdrawn Article 13- Citizen Petition– “The William Symmes, Jr. Act” MOTION: Mr. Roache motioned for favorable action on Article 13. Ms. Bates seconded. Motion approved 5-0. Article 14- Citizen Petition- Ban on single use disposable plastic bags Mr. Vaillancourt stated he is in favor of the ban. Ms. Bates stated she is in favor of the ban to protect watershed and the concern with particles getting into the soil and food supply. Mr. Roche stated his concern with 3000 ft.² as a measurement for the ban and would rather see it by the amount of locations per business. Ms. Phillips mentioned most towns do not put the 3000 square-foot clause in and it is inclusive of all businesses. MOTION: Ms. Bates motioned for favorable action on Article 14. Mr. Vaillancourt seconded. Motion approved 4-1. Article 15- Citizen Petition- An Act to Amend the Town By Laws – Annual Town Meeting MOTION: Mr. Vaillancourt motioned for favorable action on Article 15. Mr. Roache seconded. Motion approved 5-0. Article 16- Citizen petition- Petition General Court - An Act to Amend the Town Charter - Town Meeting Procedures MOTION: Ms. Smedile motioned for unfavorable action on Article 16. Mr. Roache seconded. Motion approved 5-0. Article 17- Citizen petition- Humane Pet Shop Ordinance MOTION: Ms. Bates motioned for favorable action on Article 17. Mr. Roache seconded. Motion approved 5-0. Article 18- Appropriation – Capital Improvement Plan for Fiscal Year 2024 MOTION: Mr. Vaillancourt motioned for favorable action on Article 187. Mr. Roache seconded. Motion approved 5-0. Article 19- Report of the Community Preservation Committee-Appropriation from Community Preservation Fund 2 NORTH ANDOVER SELECT BOARD MINUTES APRIL 10, 2023 - Phase 2 of Lake Access MOTION: Mr. Roache motioned for favorable action on Phase 2 of Lake Access. Ms. Smedile seconded. Motion approved 5-0. - Parson Barnard House Restoration - MOTION: Ms. Smedile motioned for favorable action on Parson Barnard House Restoration. Mr. Vaillancourt seconded. Motion approved 5-0. - Historic Artifact Preservation - MOTION: Ms. Smedile motioned for favorable action on Historic Artifact Preservation. Mr. Vaillancourt seconded. Motion approved 5-0. - Stevens Library Stairs MOTION: Ms. Smedile motioned for favorable action on Article 17. Ms. Bates seconded. Motion approved 5-0. - Historic Preservation Master Plan MOTION: Ms. Bates motioned for favorable action on Stevens Library Stairs. Mr. Roache seconded. Motion approved 5-0. - Stevens Coolidge Ballroom Mural MOTION: Mr. Vaillancourt motioned for no vote until Town Meeting on Stevens Coolidge Ballroom Mural. Ms. Smedile seconded. Motion approved 5-0. - Second Burial Ground Restoration MOTION: Ms. Roache motioned for favorable action on Second Burial Ground Restoration. Ms. Bates seconded. Motion approved 5-0. - Preservation of Historical Records MOTION: Mr. Vaillancourt motioned for no vote until Town Meeting on Historical Records. Ms. Smedile seconded. Motion approved 5-0. - Preservation of Barn at 419 Johnson St MOTION: Mr. Vaillancourt motioned for no vote until Town Meeting on Barn at 419 Johnson St. Ms. Smedile seconded. Motion approved 5-0. - Restoration of Boundary Wall MOTION: Mr. Roache motioned for no vote until Town Meeting on Restoration of Boundary Wall. Ms. Bates seconded. Motion approved 5-0. - Stevens Estate Stables MOTION: Ms. Bates motioned for favorable action on Stevens Estate Stables. Ms. Smedile seconded. Motion approved 5-0. - Affordable Housing Trust Grant MOTION: Ms. Smedile motioned for favorable action on Affordable Housing Trust Grant. Ms. Bates seconded. Motion approved 5-0. - Acquisition of 0 Bradford Street MOTION: Ms. Smedile motioned for favorable action on Acquisition of 0 Bradford Street. Mr. Bates seconded. Motion approved 5-0. - Administrative Expense MOTION: Mr. Roache motioned for favorable action on Administrative Expense. Mr. Bates seconded. Motion approved 5-0. 3 NORTH ANDOVER SELECT BOARD MINUTES APRIL 10, 2023 Article 20- Set Salaries and Compensation of Elected Officials MOTION: Mr. Vaillancourt motioned for favorable action on Article 20. Ms. Bates seconded. Motion approved 5-0. Article 21- Revolving Fund Spending Limits MOTION: Mr. Roache motioned for favorable action on Article 21. Ms. Bates seconded. Motion approved 5-0. Article 22- Appropriation- General Fund for Fiscal Year 2024 MOTION: Mr. Vaillancourt motioned for favorable action on Article 22. Ms. Bates seconded. Motion approved 5-0. Article 23 & 24- Appropriation - Water Enterprise Fund for Fiscal Year 2024 & Appropriation - Sewer Enterprise Fund for Fiscal Year 2024 MOTION: Ms. Smedile motioned for favorable action on Article 23 & 24. Mr. Roache seconded. Motion approved 5-0. Article 25- Stevens Estate Special Purpose Revolving Fund MOTION: Ms. Smedile motioned for favorable action on Article 17. Ms. Bates seconded. Motion approved 5-0. Article 26- Transfer of funds not to exceed $480,000.00 from free cash to FY2023 General Fund MOTION: Ms. Smedile motioned for favorable action on Article 26. Ms. Bates seconded. Motion approved 5-0. Article 27- Transfer funds from overlay surplus to Fiscal Year 2024 General Fund MOTION: Mr. Vaillancourt motioned for favorable action on Article 27. Mr. Roache seconded. Motion approved 5-0. Article 28- Transfer to Stabilization MOTION: Mr. Vaillancourt motioned for favorable action on Article 28. Ms. Smedile seconded. Motion approved 5-0. Article 29- Transfer to Capital Stabilization MOTION: Mr. Roache motioned for favorable action on Article 28. Ms. Bates seconded. Motion approved 5-0. Article 30- Transfer to Public Works Capital Account for Rolling Stock MOTION: Mr. Roache motioned for favorable action on Article 30. Ms. Bates seconded. Motion approved 5-0. Article 38- School Building Commission MOTION: Ms. Bates motioned for favorable action on Article 38. Mr. Vaillancourt seconded. Motion approved 5-0. Start time of Town Meeting Ms. Rodrigues stated Town Meeting will start at 6:30PM on May 16, 2023. MOTION: Mr. Vaillancourt motioned to set the start time for Town meeting at 6:30PM at the High School. Ms. Smedile seconded. Motion approved 5-0. (our of order) Request of Poet Laureate Committee to use the Town Common on May 6, 2023 from 12:00PM to 3:30 PM for poetry contest award celebration (rain date 5/13/23) North Andover’s Poet Laureate, Mark Bohrer, was present at the meeting to give information on the upcoming town poetry contest. Ms. Smedile mentioned to reach out to Arbella Insurance to possibly help sponsor the event. MOTION: Mr. Vaillancourt motioned to approve the request of Poet Laureate Committee to use the Town Common on May 6, 2023 from 12:00PM to 3:30 PM for poetry contest award celebration with a rain date 5/13/23. Ms. Bates seconded. Motion approved 5-0. 4 NORTH ANDOVER SELECT BOARD MINUTES APRIL 10, 2023 Request from the Armenian National Committee of Merrimack Valley to raise the Armenian Flag at the common on 4/21/23 at 2:00PM (rain date 4/29/23) MOTION: Mr. Vaillancourt motioned to approve the request from the Armenian National Committee of Merrimack Valley to raise the Armenian Flag at the common on 4/21/23 at 2:00PM with a rain date of 4/29/23. Ms. Bates seconded. Motion approved 5-0. Request from North Andover Merchants Association to use the Town Common on September 22, 2023 from 3:00PM to 7:00PM and September 23, 2023 (9/24/23 rain date) from 7:00AM to 7:00PM and to close Mass Avenue between Osgood Street and Andover Street MOTION: Mr. Vaillancourt motioned to approve the request from North Andover Merchants Association to use the Town Common on September 22, 2023 from 3:00PM to 7:00PM and on September 23, 2023 from 7:00AM to 7:00PM with a rain date of 9/24/23, and to close Mass Avenue between Osgood Street and Andover Street on September 23, 2023 from 7:00AM to 7:00PM. Ms. Smedile seconded. Motion approved 4-0-1. Request of the Exchange Club of the Lawrence and the Andovers to use the Town Common from May 27, 2023 to June 18, 2023 for the Field of Honor MOTION: Ms. Smedile motioned to approve the request from the Exchange Club of the Lawrence and the Andovers to use the Town Common from May 27, 2023 to June 18, 2023 for the Field of Honor. Ms. Bates seconded. Motion approved 5-0. Request of Reina Lam to film at the Town Common and Stevens Estate/ Lake Cochichewick on April 11, 2023 through April 14, 2023 MOTION: Ms. Smedile motioned to approve the request of Reina Lam to film at the Town Common on April 11, 2023 through April 14, 2023 and deny the request to use Lake Cochichewick. Ms. Bates seconded. Motion approved 5-0. Confirm Town Manager appointment of Bral Spight to the Board of Health MOTION: Mr. Vaillancourt motioned to appoint Bral Spight to the Board of Health for a term ending June 30, 2025. Ms. Smedile seconded. Motion approved 5-0. CONSENT ITEMS A. Accept donation from Library Trustees in the amount of $1,148.65 to purchase new non-fiction children’s books B. Request from the police department to surplus equipment MOTION: Mr. Vaillancourt motioned to approve all consent items. Ms. Smedile seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF MARCH 27, 2023 MOTION: Mr. Vaillancourt motioned to approve the Open Session minutes of March 27, 2023. Ms. Bates seconded. Motion approved 4-0-1. Goals update Ms. Rodrigues went through each goal and explained each status change. Ms. Bates asked about the per people spending over the past five years. Ms. Rodrigues stated she will look into it as well as class size. Ms. Bates asked about the Fields Master Plan and if there is a link on the website. Ms. Rodrigues stated yes but not the financial plan for the other years since it is 5 NORTH ANDOVER SELECT BOARD MINUTES APRIL 10, 2023 constantly changing. Ms. Bates asked about the 40B consulting. Ms. Rodrigues stated the firm is continuing to work on the recommendations. Set meeting dates to review policies Ms. Rodrigues suggested to have the meeting and working group meeting early in the summer. Town Manager’s Report - Ms. Rodrigues mentioned Dispatcher Appreciation Week Select Board Report - Ms. Smedile asked Ms. Rodrigues for any updates for the electricity rates. Ms. Rodrigues stated the broker suggested to go out to bid soon to obtain rates for after October. - Mr. Vaillancourt mentioned an update for 400 Great Pond Rd - Ms. Bates thanked the poll workers and Dawne Warren for a successful election ADJOURNMENT MOTION: Ms. Smedile made a MOTION, seconded by Ms. Bates to adjourn the Select Board meeting at 9:10PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Memorandum Letter License application Minutes Warrant Articles Consent Items Volunteer application 6