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Home My WebLink About2018-12-17 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES December 17, 2018 CALL TO ORDER: Chairman Regina Kean called the meeting to order at 7:00PM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Regina Kean, Clerk Phil DeCologero, Licensing Chairman, Chris Nobile, Richard Vaillancourt, Rosemary Smedile, Deputy Town Manager, Meghan Jop, and Executive Assistant, Laurie Burzlaff. PLEDGE OF ALLEGIANCE PUBLIC COMMENT Stan Limpert of 43 Stonecleave Road, spoke about the regulatory change for cable companies and the negative impact it would have on local cable stations. APPROVAL OF MINUTES Chris Nobile made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of December 3, 2018. Motion approved 5-0. PUBLIC HEARING Property Tax Classification The purpose of the hearing was to receive comments regarding classification and taxation of property according to use. Due to an error in the data from the Department of Revenue, the factor had to be voted again. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to open a public hearing on property tax classification. Motion approved 5-0. Lyne Savage provided the Board with revised materials. Ms. Savage explained what the changes would be to the average tax bill depending on what split was chosen. The average single family home and commercial tax payers will still see a decrease with the new numbers and condominiums will still see approximately a $150 increase which is less than what was previously thought. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to close the public hearing on property tax classification. Motion approved 5-0. CONSENT ITEMS (taken out of order) Vote to set property tax classification for FY19 The Board discussed the different options and whether to leave the shift the same as what was voted on at the last meeting. Phil DeCologero reiterated his concern about condominium taxpayers and the amount they would have to pay. Chris Nobile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen adopt a residential factor of .9505 for the purpose of classifying the FY2019 North Andover property tax rates. Motion approved 4-1. Mr. DeCologero opposed. GOVERNMENTAL REPORTS Discussion with legislators regarding priorities Senator Elect Diana DiZoglio, Representative Elect Christina Minicucci and Representative Elect Tram Nguyen were present to discuss priorities for the upcoming year. Senator Bruce Tarr had another commitment and was not be able to attend. ded making sure the gas company pays for all repairs to roads, sidewalks, etc. impacted by the gas crisis, update the foundation formula for school funding, adjusting the CPA funding amount and opposing the FCC rule changes for cable. Town Manager Recommended Capital Improvement Plan FY20-FY24 -2024 Capital Improvement Plan was provided to the Board for review. Per Chapter 9, Section 5-1 of the Town Charter, the Board of Selectmen has 30 days to act on the CIP and forward to the Finance Committee once approved. It was recommended the Board accept the CIP as submitted reserving the right to make any changes at future meetings. The Board would like to review the parking plan for the library, receive additional information on the replacement of the ambulance and explore sharing the fire department training trailer with another community. 2 Board of Selectmen Minutes December 17, 2018 Phil DeCologero made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen accept the FY2020-2024 Capital Improvement Plan reserving the right to make changes as additional information becomes available and to forward the document to the Finance Committee for their review. Motion approved 5-0. Stevens Estate Request for Proposals Deputy Town Manager, Meghan Jop, explained that with the increase in expenses to maintain the Stevens Estate, the Town Manager is recommending a Request for Proposals be issued for the use of the Stevens Estate. The RFP would be for use of the buildings only and the surrounding open space would be protected. The Board requested a copy of the RFP prior to it being released. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Request of Burtons Grill of North Andover, LLC for a change of beneficial interest purpose of the request was to correct some inaccuracies that were in the original filing. Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting change of beneficial interest. Motion approved 5-0. Request of Merrimack College for 17 one day wine and malt licenses for athletic concessions at the Merrimack Athletic Complex on 12/19/18, 1/12/19, 1/18/19, 1/19/19, 1/23/19, 1/26/19, 1/29/19, 2/1/19, 2/9/19, 2/20/19, 2/15/19, 2/16/19, 2/23/19 and 2/28/19 Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Merrimack College for seventeen one day wine and malt licenses for athletic concessions at the Merrimack Athletic Complex as presented. Motion approved 5-0. License Renewals Auto Express The State Police investigated this business and found numerous violations. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, deny the license renewal application for Auto Express. Motion approved 5-0. Auto Empire Motors The State Police also investigated this business and found numerous violations. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, deny the license renewal application for Auto Empire Motors. Motion approved 5-0. Included in the packets was a breakdown of past due taxes and water/sewer bills due the Town from ulted on their payment plan. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the license renewal application for North Andover nt of all bills due to the Town of North Andover no later than December 31, 2018. Motion approved 4-1. Rosemary Smedile opposed. Remaining renewals Regina Kean made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve and renew the license for Chipotle Mexican Grill of Colorado, LLC, subject to the applicant obtaining the Building and Fire Inspection Certificates no later than December 31, 2018. Motion approved 5-0. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve and renew the licenses for all of the establishments 3 Board of Selectmen Minutes December 17, 2018 those renewals already acted upon by the Board. Motion approved 5-0. Request of China Blossom, 946 Osgood Street, to remain open until 2:00AM on December 31, 2018 Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of China Blossom, 946 Osgood Street to remain open until 2:00 a.m. on , with alcohol service to end at 1:00 a.m. Motion approved 5-0. Amendment to North Andover Alcoholic Beverages Regulations for annual special licenses Town Counsel, Suzanne Egan, provided the Board with revisions to the North Andover Alcoholic Beverages Regulations which will apply to Merrimack College. Attorney Egan explained that Merrimack would be asking for three separate annual special licenses for three separate locations. Richard Vaillancourt made a MOTION, seconded by Regina Kean to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. CONSENT ITEMS (continued) Accept donation of $400 from Girls That Code Foundation to the library Included in the packet was a request from Library Director, Kathleen Keenan, requesting the Board accept the donation to the library in the amount of $400 from the Girls That Code Foundation. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the donation in the amount of $400 from the Girls That Code Foundation to be used for programming at the library. Motion approved 5-0. Accept grants in the amount of $105,000 and $40,000 from the Lawrence Partnership Municipal Discretionary Fund for the business recovery gift card programs Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept the grants from the Lawrence Partnership Municipal Discretionary Fund in the amount of $105,000 ad $40,000 for the business recovery gift card programs. Motion approved 5-0. Vote to approve Town Manager appointment of Patrick Scanlon to the Board of Health The Town Manager has appointed Patrick Scanlon to the Board of Health. Per the Town Charter, Chapter 7, Section 8- the Commonwealth, shall be appointed by the Town Manager for three-year overlapping terms with the appr Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the Town Manager appointment of Patrick Scanlon to the Board of Health. Motion approved 5-0. Appointments The appointment subcommittee recommended Kathleen Varga be appoint to the Festival Committee, James Dowd be appointed to the Historical Commission and Stan Limpert be appointed to the NACAM Board of Directors. Chris Nobile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen appoint Kathleen Varga to the Festival Committee for a term ending June 30, 2019, James Dowd to the Historical Commission for a term ending June 30, 2019 and Stan Limpert to the NACAM Board of Directors for a term ending June 30, 2019. Motion approved 5-0. Vote to authorize the Chairman of Board of Selectmen the authority to open contract negotiation discussions with Town Manager Andrew Maylor Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen grant Chairman Regina Kean the authority to open contract negotiation discussions with Town Manager Andrew Maylor. Motion approved 5-0. OLD BUSINESS None 4 Board of Selectmen Minutes December 17, 2018 NEW BUSINESS None The Board was provided with copies of the monthly Police, Fire, Opioid overdose and building reports and the job posting/vacancy log. The Board wished everyone a happy holiday season. ADJOURNMENT: Phil DeCologero made a MOTION, seconded by Chris Nobile to adjourn the meeting at 9:53p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of December 3, 2018 Tax classification charts Capital Improvement Plan Merrimack College license application License renewal documents China Blossom request Amendment to Alcoholic Beverages Regulation Donation memorandum-Kathleen Keenan Grant letters Patrick Scanlon application/resume Appointment memorandum Police Department report Fire Department report Overdose report Building report Job posting/vacancy log TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Regina Kean, Chairman TEL. (978) 688-9510 Phil DeCologero, Clerk FAX (978) 688-9556 Chris Nobile Rosemary Connelly Smedile Richard Vaillancourt BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, DECEMBER 17, 2018 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT IV. APPROVAL OF MINUTES A. December 3, 2018 Open Session Minutes, as written V. PUBLIC HEARING A. Tax Classification Hearing VI. GOVERNMENTAL REPORTS A. Discussion with legislators regarding priorities B. Town Manager Recommended Capital Improvement Plan FY20-FY24 C. Stevens Estate Request for Proposals VII. LICENSING COMMISSIONERS A. Request of Burtons Grill of North Andover, LLC for a change of beneficial interest B. Request of Merrimack College for 17 one day wine and malt licenses for athletic concessions at the Merrimack Athletic Complex on 12/19/18, 1/12/19, 1/18/19, 1/19/19, 1/23/19, 1/26/19, 1/29/19, 2/1/19, 2/9/19, 2/20/19, 2/15/19, 2/16/19, 2/23/19 and 2/28/19 C. License renewals 1. Auto Express 2. Auto Empire Motors 3. D. Request of China Blossom, 946 Osgood Street, to remain open until 2:00AM on December 31, 2018 E. Amendment to North Andover Alcoholic Beverages Regulations for annual special licenses VIII. CONSENT ITEMS A. Vote to set property tax classification for FY2019 B. Accept donation of $400 from Girls That Code Foundation to the library C. Accept grants in the amount of $105,000 and $40,000 from the Lawrence Partnership Municipal Discretionary Fund for the business recovery gift card programs D. Vote to approve Town Manager appointment of Patrick Scanlon to the Board of Health E. Appointments: 1. Kathleen Varga-Festival Committee 2. James Dowd-Historical Commission 3. Stan Limpert-NACAM Board of Directors F. Vote to authorize the Chairman of Board of Selectmen the authority to open contract negotiation discussions with Town Manager Andrew Maylor IX. OLD BUSINESS X. NEW BUSINESS XI. TOWN T A. Reports 1. Police 2. Fire 3. Overdose 4. Building 5. Job posting/vacancy log XII. XIII. NEXT MEETING DATE Monday, January 14, 2018 XIV. ADJOURNMENT BOARD OF SELECTMEN MINUTES December 3, 2018 CALL TO ORDER: Chairman Regina Kean called the meeting to order at 7:00PM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Regina Kean, Clerk Phil DeCologero, Licensing Chairman, Chris Nobile, Richard Vaillancourt, Rosemary Smedile, Town Manager Andrew Maylor, Deputy Town Manager, Meghan Jop, Assistant Town Manager, Denise Casey and Executive Assistant, Laurie Burzlaff. PLEDGE OF ALLEGIANCE PUBLIC COMMENT NONE PUBLIC HEARING Property Tax Classification The purpose of the hearing was to receive comments regarding classification and taxation of property according to use. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to open a public hearing on property tax classification. Motion approved 5-0. David Hynes, Chief Assessor, presented the information. The Board has historically allocated approximately 83% to residential and 17% to commercial. Due to the expiring debt and increase in values of condominiums, residential taxpayers for single family properties will see a decrease while condominiums will see an increase. Commercial taxpayers will see a reduction as well. The Board discussed factors between 1.36 and 1.39, all of which would reduce the single family property taxes. Will Carpenter, Vice President of Merrimack Valley Chamber of Commerce, thanked the Board for taking a fair and equitable approach to setting the rate and asked them to please consider the challenges businesses face. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile to close the public hearing on property tax classification. Motion approved 5-0. CONSENT ITEMS Vote to set property tax classification for FY19 Richard Vaillancourt suggested a 1.36 factor to give support to the businesses since residential will still be seeing a decrease as well. Phil DeCologero was concerned with changing from the factor of 1.39 which was used last year because that would mean the condominium taxpayer would have to pay even more. Chris Nobile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen adopt a residential factor of .950700 for the purpose of classifying the FY2019 North Andover property tax rates. Motion approved 4-1. Selectmen DeCologero opposed. Request of Fire Chief William McCarthy to surplus 16 sets of Personal Protective fire fighter gear Included in the packets was a request from Fire Chief William McCarthy to surplus 16 sets of personal protective fire fighter gear. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Chief William McCarthy, to surplus 16 sets of personal protective fire fighter gear per his memorandum dated November 27, 2018. Motion approved 5-0. Request of Carol Bradstreet on behalf of the Cystic Fibrosis Foundation to use Drummond Park on Saturday, May 18, 2019 from 9:00AM to 3:00PM for the Great Strides Walk to Cure Cystic Fibrosis Included in the packets was a request from Carol Bradstreet of the Cystic Fibrosis Foundation to use Drummond Park on Saturday, May 18, 2019 from 9:00AM to 3:00PM for their annual Great Strides Walk to Cure Cystic Fibrosis. All departments reviewed and have no issues. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of Carol Bradstreet of the Cystic Fibrosis Foundation to use Drummond Park 2 Board of Selectmen Minutes December 3, 2018 on Saturday, May 18, 2019 from 9:00AM to 3:00PM for their Great Strides Walk to Cure Cystic Fibrosis. Motion approved 5-0. Selectman DeCologero recused himself and left his seat. Request from the North Andover Farmers Market Planning Committee to close First Street from Main Street intersection to the entrance at 15 First Street every Sunday beginning June 16, 2019 through September 29, 2019 from 7:00AM to 3:00PM Hillary Stasonis of 1514 Salem Street and Chris Allen of 3 Belmont Street presented the request on behalf of the Farmers Market Planning Committee to close First Street from CVS entrance to Main Street. All departments have reviewed. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of the Farmers Market Planning Committee to close First Street from Main Street intersection to the entrance at 15 First Street, every Sunday beginning June 16, 2019 through September 29, 2019 from 7:00AM to 3:00PM, subject to requirements of the Fire Motion approved 4-0. Selectman DeCologero returned to his seat. APPROVAL OF MINUTES Phil DeCologero made a MOTION, seconded by Richard Vaillancourt to approve the Open Session Minutes of November 19, 2018 and November 26, 2018. Motion approved 5-0. LICENSING COMMISSIONERS: Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. of the all alcohol liquor license at 435 Andover Street (continued from 11/19/18) th This matter was continued from the meeting on November 19 /sewer bills have been paid but the Certificate of Inspection has not been issued yet. This must be done prior to the license being renewed at the next meeting. Muriel Cabot of Devlin Law Office was present to answer any questions. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen, transfer and pledge of the all alcohol license at 435 Andover Street. Motion approved 5-0. Request of Paul Gallant for a one day wine and malt license for athletic concessions at the Merrimack Athletic Complex on January 5, 2019 from 2:00PM-7:00PM Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Paul Gallant of Merrimack College for a one day wine and malt license for athletic concessions at the Merrimack Athletic Complex on January 5, 2019 from 2:00PM- 7:00PM. Motion approved 5-0. Phil DeCologero made a MOTION, seconded by Rosemary Smedile to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. GOVERNMENTAL REPORTS Five Year Financial Forecast The Town Manager presented his five year financial forecast. Update regarding gas restoration The Town Manager stated that 93% of gas customers have been relit. The remaining are customers that have chosen to self-mitigate or have not contacted Columbia Gas. Only 18% of the furnace/boilers were repaired, the rest were replaced. There have been a couple of minor gas leak issues. 3 Board of Selectmen Minutes December 3, 2018 OLD BUSINESS None NEW BUSINESS None The Town Manager explained that with the municipal aggregation program, bills will still come from National Grid and National Grid will still be providing electricity. The only thing that will be different is on the back of the bill, the supplier will now list Constellation Energy instead of National Grid. National Grid letter that was sent to residents was crafted by the Department of Public Utilities. The rate is good for six months and then the town will reevaluate. Deputy Town Manager, Meghan Jop, updated the Board regarding the gift card promotion. UPDATES/COMMENTS Chris Nobile congratulated the North Andover High School Football team for their Superbowl win. ADJOURNMENT: Phil DeCologero made a MOTION, seconded by Chris Nobile to adjourn the meeting at 9:01p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Phil DeCologero, Clerk of the Board Documents used at meeting: Tax classification memorandum Request from Fire Chief Request from CF Foundation Request from Farmers Market Committee Minutes of November 19, 2018 Minutes of November 26, 2018 Request of Merrimack College Five Year Financial Forecast 2 4 7 8 24 25 26 27 28 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 87 88 89 8: 91 92 93 94 95 96 97 98 99 9: :1 :2 :3 :4 :5 :6 :8 :9 211 212 213 214 215 216 217 218 219 21: 221 222 223 224 226 227 229 22: 231 232 233 234 235 236 237 238 239 23: 241 242 243 244 245 246 248 24: 251 252 253 .®µ¤¬¡¤± ΒΏ³§Ǿ ΑΏΐΗ !£±¤¶ - ¸«®± 4®¶ - ¦¤±Ǿ 4®¶ ®¥ .®±³§ !£®µ¤± 4®¶ ®¥ .®±³§ !£®µ¤± ΐΑΏ - ¨ 3³±¤¤³ .®±³§ !£®µ¤±Ǿ -! 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NorthAndover November2018 Total TotalReports:TotalResolved:PercentResolved: InProcessReceivedResolvedReceivedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolved 2 2 1 1 3 3 4 4 7 1123 7 16 1 1 9 9 6 6 1 1 2 2 1 1 13 13 144 144 201 Required Information CountofReportSummary DPW-OtherDPW-TreeHealthIssues/ConcernsNotListed-OtherPolice- Basin DPW-Catch Issues/ Concerns Conservation Status InProcessInProcessResolvedResolvedResolvedAdditional /Concerns Buildingand ZoningIssues InProcessInProcessResolvedResolvedResolvedAdditionalInformationRequiredInProcessReceivedResolvedReceivedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolved 0 80604020 BuildingandZoningIssues/ConcernsConservationIssues/ConcernsDPW-CatchBasinDPW-OtherDPW-TreeHealthIssues/ConcernsNotListed-OtherPolice-Traffic/Other(non-emergencyonly)PotholeSnowIssuesStreetLightOutage SuggestionsorComplimentsTrash&RecyclingWebsiteQuestion/BrokenLink CountofReportSummaryReportType 160140120100 RowLabelsGrandTotal Job Posting/Vacancy Log December 11, 2018 Date Position Department Hiring Manager Status Posted N/A Sealer of Weights and Health Brian LaGrasse Hired Leonard Rose effective Measures 11/28/18. N/A Operations Set Up Stevens Estate Joanna Ouellette Hired Walter Thompson date to be Assistant determined after completion of new hire forms. 11/28/18 Conservation Field Conservation Jen Hughes Interviews scheduled the week of Agent 12/17/18. Posted on town website and internally, posted at MA Assoc. of Conservation Commission and MA Society of Municipal Conservation Professionals. 11/6/18 HMEO DPW Tim Willett Offer pending to another candidate. Interviews held on 11/19 and 11/26. Offered to experienced candidate on 11/28/18, declined due to high cost of health insurance. Offer pending to secondary candidate. Posted on Town website and internally. 5/21/18 Part-Time Plumbing/Gas Building Paul Hutchins Pending. Internal applicant that Inspector came forward. Updated posting with new pay rate, receiving resumes. Candidates withdrew due to perceived low pay rate. Scheduling 3 other candidates for week of 9/10. Candidate interested but unsure of move. Second interview scheduled for 8/28. Ongoing consideration of incoming resumes. Interviews conducted week of 6/11/18. Posted on Town website and social media, Indeed.com.