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HomeMy WebLinkAbout2026-03-23 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES MARCH 23, 2026 Executive Session: Chair Phillips stated the Board will enter Executive Session pursuant to M.G.L. c.30A, Sec.21(a)(6)-To consider purchase, exchange, lease or value of real estate, pursuant to M.G.L. c.30A, Sec.21(a)(3)-To discuss strategy with respect to litigation, and to approve minutes of March 9, 2026 MOTION:Mr. Roache made a motion, seconded by Mr. Kres to enter into Executive Session at 6:OOPM. Motion approved 5-0 by roll call vote. The Select Board moved to the Select Board Meeting Room to enter into regular session. Call To Order: Chair Janice Phillips called the open meeting to order at 7:06PM in the Select Board Meeting Room located at 120 Main Street North Andover. Select Board in Attendance: Chair Janice Phillips, Rosemary Connelly Smedile, Clerk Brian Roache, Laura Bates, and David Kres were present Non-Board Members in Attendance: Town Manager Melissa Murphy-Rodrigues, Assistant Town Manager Laurie Burzlaff and Assistant Town Manager Andrew Shapiro PUBLIC COMMENT Audrey Elliot of 61 Fox Hill Road expressed her concern regarding the current fire and police situation. Joanna O'Connell of 55 Brightwood Ave expressed her support for the Sustainable Purchasing Policy. Rachel Pronovost submitted a public comment via email expressing support for the Sustainable Purchasing Policy. Bethany Wieczorek submitted a public comment via email expressing support for the Sustainable Purchasing Policy. Erik McCarthy of 19 Commonwealth Ave expressed his support for the Sustainable Purchasing Policy. NEW BUSINESS Planning Board report for Town Meeting Eitan Goldberg, Chair of the Planning Board, was present. Mr. Goldberg stated they have two articles. Mr. Goldberg discussed the bylaw that was passed last year for accessory dwellings. Mr. Goldberg stated the Attorney General reviewed it, passed it, but did send back a letter with some suggested changes. Mr. Goldberg discussed the changes. Mr. Goldberg stated these changes are within both of the two bylaws for ADUs. Update from Superintendent Lathrop regarding School Budget Pamela Lathrop, Joe Hicks, and Gail Dowd were present. Ms. Lathrop stated the School Committee has approved the recommended school budget. Ms. Lathrop discussed the timeline for the FY27 budget presentation to the School Committee. Ms. Lathrop discussed the FY26 School Committee approved Budget allocations. Ms. Lathrop discussed the budget building process and timeline. Ms. Lathrop discussed the FY27 budget priorities. Ms. Lathrop discussed the budget requests from some of the building leaders and NORTH ANDOVER SELECT BOARD MINUTES MARCH 23, 2026 curriculum directors. Ms. Lathrop discussed the 24-25 school year demographics. Ms. Lathrop stated the high needs students include students who are English learners, low income, and students with disabilities. Mr. Roache asked if the separate groups rolled up the ones below it. Ms. Lathrop stated yes. Mr. Hicks stated the sum of the three categories separately do not add up to 38.7% due to some students being dually identified in one or more of those categories. Ms. Lathrop discussed what this recommended budget would do. Ms. Lathrop discussed the FY27 financial allocation. Ms. Lathrop stated the initial FY27 budget was $72 million, but after conversations with the Town Manager, the budget was increased by$200,000 which would give them a total increase of$3 million or a recommended budget of$72.2 million. Ms. Lathrop stated the budget shows salaries at about$60 million and expenses to be about$14 million. Ms. Lathrop discussed the breakdown of the recommended budget. Ms. Lathrop discussed what a level service budget would fund. Ms. Lathrop discussed salary agreements. Ms. Lathrop discussed class size needs. Ms. Lathrop discussed the budget recommendation in staffing. Mr. Roache asked what the daily substitute rate was currently. Ms. Lathrop stated $100. Ms. Bates asked what the average was. Ms. Lathrop stated there is a range of$125, $145 and $165, but$125 gets them closer to the average. Ms. Phillips asked if it varies depending on an individual's education. Ms. Lathrop stated in other districts yes, but they do not have a tiered system at this point. Ms. Lathrop discussed the FY27 expenses. Ms. Lathrop discussed the FTE salary and stipend allocations. Ms. Lathrop displayed a breakdown of the staffing costs. Ms. Lathrop displayed a breakdown of the expenses. Ms. Lathrop discussed the transportation services. Ms. Lathrop stated that out-of-district numbers are starting to move downwards. Mr. Roache asked if it was less expensive to keep them here than to send them out. Ms. Lathrop stated yes. Ms. Lathrop discussed out-of-district costs for FY27. Ms. Lathrop discussed how they would potentially bridge the gap between the Town and school's recommended budgets. Ms. Bates asked if they could explain what circuit breaker reserves are. Ms. Dowd explained the circuit breaker. Ms. Bates asked if it was based on the previous year. Ms. Dowd stated yes. Ms. Phillips asked if there was a minimum the state will reimburse. Ms. Dowd stated a safe estimate would be 64-65%. Ms. Dowd stated per the state, they are able to carry 100% of the prior year claim forward. Ms. Phillips asked if that was the goal. Ms. Dowd stated yes. Ms. Phillips asked if they were going to use this to fund positions. Ms. Dowd stated they are going to use it for both amounts of it, and they will still end the year with a reserve. Mr. Roache asked if using it in this manner would impact future claims in future years. Ms. Dowd stated no. Mr. Roache asked if they could explain more about carrying forward 100% of the circuit breaker. Ms. Dowd stated once they get to a point where they have 100% carry forward in the circuit breaker, they can budget fact certain. Ms. Dowd stated this year they are working towards being able to have as much as possible of this year's claim reserved. Mr. Roache asked in the FY27 budget, are they assuming a certain amount of circuit breaker reserve but are not spending any of that. Ms. Dowd stated they are assuming a certain amount of this year's money to be carried forward into next year that they will deplete 100%. Ms. Bates asked where they wanted the reserve to be. Ms. Dowd stated ideally, the reserve will be 100% of the current year. Ms. Bates asked if it can fluctuate. Ms. Dowd stated yes. Mr. Roache asked if they are using one-time funds to fund permanent costs. Ms. Lathrop explained the reasoning beyond her recommended budget of $73.7 million. Ms. Lathrop stated this is the reason why she mentioned to the School Committee they should be thinking about an override for FY28 because these funds are not set into the base budget. Mr. Hicks stated the School Committee is encouraging the town to go for an override for FY28. Mr. Roache stated his concern is bringing on staff without having a community decision. Ms. Dowd stated this is an approach that a lot of districts utilize because that is what the circuit breaker funds are there for. Mr. Roache asked if the $72.2 million would fund everything they are doing this year. Ms. Dowd stated they are putting forth a balanced budget at$72.2 million utilizing the circuit breaker. Mr. Roache asked if the $1.5 million was solely investments in adding new staff. Ms. Dowd stated no, they added some additional expense items. Mr. Hicks stated some of it is to protect themselves against the uncertainty of the federal government and the grants they receive for IDA. Mr. Hicks discussed Chromebooks. Ms. Bates asked if they have a program where they switch them out. Ms. Dowd stated this is what they are trying to do. Mr. Roache asked if this is a capital item. NORTH ANDOVER SELECT BOARD MINUTES MARCH 23, 2026 Ms. Murphy-Rodrigues stated they do not have a lifespan that meets capital. Ms. Lathrop stated the School Committee will hear a presentation on proposed user fees. Petition of Eversource for gas main replacement and relocation on Route 114, Peters Street, Cotuit Street, Waverly Road, Berkley Street and Hillside Road Eversource Senior Engineer, Louie Derozas, was present. Mr. Derozas stated they are petitioning the gas work in relation to the road reconstruction project that Mass DOT is doing on 114. Mr. Derozas discussed the side streets that will be affected by this project. Mr. Derozas stated the side streets are public right of ways for the town and are not under state jurisdiction. Mr. Derozas stated they have the state approval to work on 114. Ms. Murphy-Rodrigues stated the 114 project has now been bid and awarded to JH Lynch and Sons with a completion date of May 12th, 2031. Ms. Phillips asked when the start date was. Ms. Murphy- Rodrigues stated they do not list the start date. Mr. Derozas stated they are projecting a 5-year project. Mr. Derozas stated the utility work is planned to be this year and possibly next year. Mr. Derozas stated they plan on doing all of the gas work this year. Ms. Murphy-Rodrigues stated there will be a community construction meeting. Mr. Roache asked how long this project will take. Mr. Derozas stated it will depend on the Mass DOT's schedule. Mr. Derozas explained the work they will be doing. Mr. Roache asked if they do any of these concurrently at different parts of the project. Mr. Derozas stated it depends on crew resources. Mr. Roache asked how this impacts residents. Mr. Derozas stated affected residents will get notification from the construction team. Ms. Bates asked if they are required to have a detail at all times. Mr. Derozas stated yes. Ms. Smedile asked how long this will take. Mr. Derozas stated it will depend on the Mass DOT. MOTION:Ms. Bates motioned to approve the petition of Eversource for a gas main replacement and relocation on Route 114, Peter Street, Cotuit Street, Waverly Road, Berkley Street and Hillside Road, subject to all specifications and conditions contained in the Street Opening Permit. Mr. Roache seconded. Motion approved 5-0. Vote to adopt Sustainable Purchasing Policy Ms. Murphy-Rodrigues discussed the recycling policy they have been doing the last few years. Ms. Murphy- Rodrigues stated there were some changes required by the state to ensure they are in compliance. Ms. Murphy-Rodrigues stated they need this passed to be eligible for a grant that they use to do the composting program. Mr. Roache asked what does whenever feasible means. Ms. Murphy-Rodrigues stated when it is still cost effective and does not hurt the progress of a project. Ms. Bates asked if there was a policy sent out to the Town. Ms. Murphy-Rodrigues stated this is sent to all department heads. Ms. Bates asked if there are specific things DPW can do for sustainable purchasing. Ms. Murphy-Rodrigues stated there are some things they can look at. MOTION:Ms. Bates motioned to adopt the Sustainable Purchasing Policy. Mr. Kres seconded. Motion approved 5-0. LICENSING MOTION:Mr. Roache motioned to open a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 5-0. NORTH ANDOVER SELECT BOARD MINUTES MARCH 23, 2026 PUBLIC HEARING -Application from Tavern Opco LLC d/b/a Tavern in the Square for an On Premise All Alcoholic Beverages Liquor License at 435 Andover Street MOTION:Ms. Smedile motioned to open the public hearing for the application from Tavern Opco LLC d/b/a Tavern in the Square for an On Premise All Alcoholic Beverages Liquor License at 435 Andover Street. Mr. Roache seconded. Motion approved 5-0. Tyler Henseler, the applicant's attorney, from Upton, Connell and Devlin LLP, and the proposed manager on record, Matthew White were present. Mr. Henseler explained the application. Mr. Henseler stated Tavern in the Square is inventing$5.8 million in this location for a total remodel and refurbishment. Mr. Henseler stated the Tavern has a new owner, who is the owner of 240 plus locations. Mr. Henseler discussed the qualifications of the new owner. Mr. Henseler stated they have the abutters'notifications and proof of mailing with them. Ms. Phillips asked if they were increasing parking spaces. Mr. White stated no. Mr. Roache asked if they were anticipating a lot of walkers. Mr. White stated it is possible. Mr. Roache asked if there will be multiple managers on the license. Mr. Henseler stated right now it is just Mr. White, but they are early in the process of hiring more. Ms. Phillips asked when they expected to open. Mr. White stated July. Mr. Roache asked if they would have a roof deck or outdoor seating. Mr. White stated outdoor seating. Mr. Kres asked where that would be. Mr. Roache stated in the triangle right in the front. Ms. Bates asked Ms. Murphy- Rodrigues if she would clarify the requirements for a license. Ms. Murphy-Rodrigues stated they do not need to have a Massachusetts license anymore, and they will accept other licenses as well, but it is with conditional risk. Mr. Henseler stated state standard is if you are caught by the ABCC or the local board for service to a minor, it is a strict liability violation unless they took a valid instate ID. Mr. Roache asked if they have cross parking rights with the other tenants on site. Mr. White stated he believes it is shared. No public comment. MOTION:Ms. Smedile motioned to close the public hearing for the application from Tavern Opco LLC d/b/a Tavern in the Square for an On Premise All Alcoholic Beverages Liquor License at 435 Andover Street. Ms. Bates seconded. Motion approved 5-0. Vote on application from Tavern Opco LLC d/b/a Tavern in the Square for an On Premise All Alcoholic Beverages Liquor License at 435 Andover Street Mr. Kres discussed the permits that were approved and still waiting to be approved. MOTION:Ms. Phillips motioned to approve the application from Tavern Opco LLC d/b/a Tavern in the Square for an On Premise All Alcoholic Beverages Liquor License at 435 Andover Street, subject to applicant obtaining all required inspections and approvals prior to the issuance of the license and prior to the business opening. Mr. Roache seconded. Motion approved 5-0. Application from Tavern Opco LLC d/b/a Tavern in the Square for Common Victualler and entertainment licenses at 435 Andover Street MOTION:Mr. Roache motioned to approve the application from Tavern Opco LLC d/b/a Tavern in the Square for Common Victualler and entertainment licenses at 435 Andover Street, subject to applicant obtaining all required inspections and approvals prior to the issuance of the license and prior to the business opening. Ms. Bates seconded. Motion approved 5-0. NORTH ANDOVER SELECT BOARD MINUTES MARCH 23, 2026 Application from Shawn Smith of the Cochichewick Lodge Properties Inc., for a Common Victualler and entertainment license at 19 Johnson Street Shawn Smith was present. Mr. Smith stated he is the new president and making sure all paperwork is up to date. Mr. Smith stated they are looking for an entertainment license as some of their renters bring in DJs. Mr. Smith stated they have a very liberal rental policy. Mr. Roache asked if renters are allowed to use the kitchen. Mr. Smith stated no, any food that is brought in is usually catered. Ms. Murphy-Rodrigues asked if they cooked the breakfast there. Mr. Smith stated yes. Mr. Smith stated they did apply for multiple hours and days in case they decide to run something else. Mr. Kres stated favorable recommendation has been given by the fire department, police department, health department, and building inspector with no conditions. MOTION:Ms. Bates motioned to approve the application from Shawn Smith of the Cochichewick Lodge Properties Inc., for a Common Victualler and entertainment license at 19 Johnson Street. Ms. Phillips seconded. Motion approved 5-0. Application from Scott Brandolini of Brando's Cutlets and Catering for Common Victualler and Entertainment licenses at 80 Chickering Road Scott Brandolini and William Griffin from Brando's Cutlets were present. Mr. Brandolini stated they have been open in Haverhill for five months and looking for more space. Ms. Bates asked if this will be a second location. Mr. Brandolini stated yes. Mr. Griffin discussed the renovations being done to the building and parking lot. Ms. Bates asked when they would be opening. Mr. Griffin stated they are looking to open a week from next Monday. Mr. Roache asked if they have delivery through any of the apps. Mr. Brandolini stated they do their own delivery right now. Mr. Griffin stated they cannot even do online orders right now. Mr. Brandolini stated with the new location they will have a bigger kitchen to handle a lot more. Mr. Brandolini stated they anticipate turning on Door Dash and Uber Eats at the new location. Mr. Roache asked what the number one food item is. Mr. Griffin stated the chicken parm. Mr. Kres stated favorable recommendation has been given by the fire department, police department, health department, and building inspector with no conditions. MOTION:Mr. Roache motioned to approve the application from Scott Brandolini of Brando's Cutlets and Catering for Common Victualler and Entertainment licenses at 80 Chickering Road. Ms. Smedile seconded. Motion approved 5-0. MOTION:Ms. Smedile motioned to close the meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 5-0. CONSENT ITEMS A. Accept donations in the amount of$1,615 to the Festival Committee for Sheep Shearing B. Accept donation to the library in the amount of$25.00 from Jean O'Dowd MOTION:Mr. Kres motioned to accept all consent items. Mr. Roache seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF MARCH 9, 2026 MOTION:Mr. Kres motioned to approve the Open Session minutes of March 9, 2026 as presented. Ms. Bates seconded. Motion approved 5-0. NORTH ANDOVER SELECT BOARD MINUTES MARCH 23, 2026 SELECT BOARD UPDATES Ms. Smedile wished everyone a Happy Easter and a Happy Passover. Ms. Bates mentioned the tri-board meeting for the Kittredge Elementary School presentation. Mr. Roache congratulated all the contestants at the Scarlet Knight. TOWN MANAGER'S REPORT Ms. Murphy-Rodrigues mentioned the projected deficit for snow and how they will bridge that. ADJOURNMENT MOTION:Mr. Roache made a MOTION, seconded by Ms. Smedile to adjourn the Select Board meeting at 8:42PM. Motion approved 5-0. Respectfully submitted, Nicole Civitarese Executive Assistant Brian Roache, Clerk of the Board Documents used at meeting Presentation Petition Applications Donations Minutes from 3/9/26