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Home My WebLink About2020-03-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES March 23, 2020 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:01PM. In accordance with Governor Baker’s Executive Order issued on March 12, 2020, suspending certain provisions of the Open Meeting Law due to the ongoing COVID-19 public health emergency, this meeting took place via conference call. All Board members and staff participated in this meeting remotely. ATTENDANCE: The following identified themselves as present on the call: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Chairman, Regina Kean, Chris Nobile, Phil DeCologero, Town Manager, Melissa Murphy Rodrigues, Director of Administrative Services, Laurie Burzlaff. Chairman Vaillancourt read the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this meeting of the North Andover Board of Selectmen is being conducted via remote participation. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings as provided for in the Order. A reminder that persons who would like to listen to this meeting while in progress may do so by tuning in to Comcast channel 8 or Verizon channel 26 or online at www.northandovercam.org. If you have public comments, please email selectmen@northandoverma.gov LICENSING COMMISSIONERS Rosemary Smedile made a MOTION, seconded by Phil DeCologero to open a meeting of the North Andover Licensing Commission. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Licensing Chair, Regina Kean, read the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this public hearing of the Town of North Andover is being conducted via remote participation. No in-person attendance of members of the public will be permitted, but the public can listen to this meeting while in progress by tuning in to Comcast channel 8 or Verizon channel 26 or online at www.northandovercam.org. Members of the public attending this meeting virtually will be allowed to make comments if they wish to do so, during the portion of the hearing designated for public comment, by emailing selectmen@northandoverma.gov Public Hearing for issuance of a Class II license at 17 Massachusetts Avenue Chris Nobile made a MOTION, seconded by Phil DeCologero to open a Public Hearing pursuant to to receive comments regarding the issuance of a Class II license at 17 Massachusetts Avenue. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. The applicant, Roger Feghali, presented his application to the Board. Mr. Feghali already has a business on Route 114. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to close the Public Hearing to receive comments regarding the issuance of a Class II license at 17 Massachusetts Avenue. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Roger Feghali of Turnpike Automotive Services, Inc. for a Class II license at 17 Massachusetts Avenue. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Richard Vaillancourt to close the meeting of the Licensing Commission. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. GOVERNMENTAL REPORTS FY21 Community Preservation Committee recommendation Community Preservation Committee Chair, Denevan O’Connell presented the recommended projects to fund for FY21. They have not met the requirement to spend 10% of revenues on affordable housing or Board of Selectmen Minutes March 23, 2020 2 open space so there will be reserves for those two categories. Regina Kean asked about projects that were requested but not recommended. Mr. O’Connell indicated two applications were withdrawn and they are not recommending funding the painting at the Stevens Estate. There was not enough information presented to support the request. FY21 Planning Board Articles Planning Board Chair, Eitan Goldberg, provided information on the Planning Board article for Town Meeting. This was brought to Planning Board by owners of 1600 Osgood in order to create a master sign ordinance for that property. The article is modeled after one that was done for the Mills. It would require a special permit from the Planning Board for signage. Update on COVID-19 Town Manager Rodrigues provided the following information regarding COVID-19. There was another positive case in North Andover. Meals are being served to those who request. Town Hall is closed and all staff are working remotely. We are looking for masks and personal protection equipment for public safety and Lawrence General Hospital. Updates will continue to be posted on the website. APPROVAL OF MINUTES Rosemary Smedile made a MOTION, seconded by Chris Nobile to approve the Open Session Minutes of March 18, 2020. Roll call vote- Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to approve the Executive Session Minutes of December 16, 2019. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt- yes; Kean-yes; Smedile-yes. Motion approved 5-0. NEW BUSINESS Vote to make written determination that acquisition of 1 and 3 Surrey Drive is a unique acquisition under MGL Chapter 30B Town Manager Rodrigues explained that Massachusetts General Law requires the purchase of property to be handled in the same manner as other Town purchases. There must be proper advertising and solicitation of proposals to acquire land that costs more than $35,000, unless the Board determines it needs a particular piece of property because of its unique qualities or location. In order for the Town to purchase the land at Surrey Drive for the Senior Center, the Board must vote that it is a unique acquisition. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen has determined that pursuant to General Law chapter 30B, section 16, the requirements of advertising for the acquisition of a parcel of land for the Senior Center will not benefit the Town’s interest, because 1 & 3 Surrey Drive uniquely satisfies the Town’s need to acquire a parcel of land abutting the Sutton Street Parcel donated to the Town for the purpose of constructing the Senior Center. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Vote to authorize Superintendent of Schools to submit the Statement of Interest Form to Massachusetts School Building Authority for the Middle School Once again the school department will be submitting an application to the MSBA for renovations at the Middle School. Town Manager Rodriguez stated that she will be working with Superintendent Gilligan on any revisions required as a result of the additional housing units being built. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated March 18, 2020 for the North Andover Middle School located at 495 Main Street, North Andover which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future, Priority #2 – “Elimination of existing severe overcrowding, as determined in the judgment of the Authority; specifically to decrease class size from a current average of 24.6 students; and Priority #7 - Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements, specifically to provide educational spaces that meet the needs of our students, and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the Board of Selectmen Minutes March 23, 2020 3 awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City/Town/Regional School District to filing an application for funding with the Massachusetts School Building Authority. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Vote to accept the Annual 2020 Town Meeting Warrant articles submitted by March 23, 2020 and refer any Zoning Bylaw amendments and the Surrey Drive acquisition article to the Planning Board for a public hearing Included in the packet were the warrant articles submitted by 4:30PM on March 23, 2020. The Board will make their recommendations at the next meeting. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept the Annual 2020 Town Meeting Warrant articles submitted by March 23, 2020 and any Zoning Bylaw amendments and the Surrey Drive acquisition article to the Planning Board for Public Hearing. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. OLD BUSINESS Discussion on postponement of election scheduled for March 31, 2020 Chris Nobile and Regina Kean recused themselves from the discussion and vote due to each having a financial interest in the matter. This matter was continued from the last meeting. Mr. Vaillancourt stated that the Board of Health voted to recommend postponement. Town Manager Rodrigues stated that the state postponed both of their nd elections to June 2 and that a bill passed today to allow the Board of Selection to postpone the election thnd until June 30. Ms. Rodrigues recommended postponing until June 2. Ms. Smedile said that it is unfortunate but given the circumstances agreed with the Town Manager. Mr. DeCologero was concerned nd if the election was moved to June 2, the way the legislation was written, it wouldn’t allow the Board to move to an earlier date. Ms. Rodrigues indicated that the Town is required to give twenty day notice and th extend voter registration and with Town Hall closed until April 7, it may be difficult to have everything ready for an earlier date. Ms. Smedile ask about Town Meeting. Ms. Rodrigues stated there is pending legislation to allow the Town to postpone Town Meeting and vote a one twelfth budget. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that, in accordance with Senate Bill 2608, the Town of North Andover postpone the Town election scheduled for March 31, 2020, to June 2, 2020. Roll call vote: DeCologero-yes; Smedile-yes, Vaillancourt-yes. Motion approved 3-0. CONSENT ITEMS Sign warrant for Town Election on March 31, 2020 This matter was tabled as no longer necessary. Affordable Unit Resale-2703 Tupelo Circle Appointments to Master Plan Implementation Committee 1. Jon Strauss 2. Meredith Barnes-Cook 3. Stan Limpert Phil DeCologero made a MOTION, seconded by Chris Nobile to waive the Affordable Unit Resale and appoint Jon Strauss, Meredith Barnes-Cook and Stan Limpert to the Master Plan Implementation Committee for terms ending June 30, 2023. Roll call vote: Nobile-yes; DeCologero- yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. TOWN MANAGERS REPORT The Board was provided with the job posting/vacancy log. The log included the hiring of William Mitchell as Chief Assessor. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen confirm the appointment of William Mitchell as Chief Assessor. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. SELECTMEN’S UPDATES/COMMENTS None Board of Selectmen Minutes March 23, 2020 4 ADJOURNMENT Chris Nobile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 8:17PM. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Respectfully submitted, Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of March 18, 2020 Executive Session minutes of December 16, 2019 Affordable Housing Unit memorandum Class II application MGL Chapter 30B Letter from Dr. Gilligan Town Meeting warrant articles Volunteer forms Job posting/vacancy log