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HomeMy WebLinkAbout2020-05-19 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 19, 2020 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:02PM. 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, Deputy Town Manager, Denise Casey, Director of Administrative Services, Laurie Burzlaff. Chairman, Richard 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 limitation on the number of people that may gather in one place, this meeting of the North Andover Board of Selectmen will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town’s website, at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. 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 in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. PUBLIC HEARING Public Hearing pursuant to M.G.L. Chapter 166, Section 22 to receive comments regarding National Grid Petition to run and maintain underground conduits- Quail Run and Monteiro Way A petition from National Grid for underground work on Quail Run and Monteiro Way was filed. Notices were sent to the abutters. All relevant departments reviewed and conditions are outlined in the proposed order. STATEMENT TO BE MADE BY CHAIR PRIOR TO PUBLIC HEARING: 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 lburzlaff@northandoverma.gov Rosemary Smedile made a MOTION, seconded by Regina Kean to open a Public Hearing to receive comments regarding the National Grid petition for Quail Run and Monteiro Way. Roll call vote: DeCologero-yes; Kean-yes, Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Chris Wellington from National Grid explained the request. The work will be done by directional drilling and will take approximately one week to complete. Laurie Burzlaff read the public comment that was emailed from Masoud Rahgozar of 25 Monteiro Way regarding repairing his driveway after work is complete. Mr. Wellington indicated they will replace the end of the driveway. Town Manager Rodrigues stated that restoring properties to their prior condition is contained in the order. Laurie Burzlaff read the public comment from the Nachamie Family of 127 Quail Run about the loss of electricity. Chris Wellington indicated that power outages typically are for 2-3 hours and they will provide prior notification. Mr. Wellington agreed to meet with neighbors to establish the best time to shut down the electricity. Copies of the public comment emails are included in the link on the agenda posted on the town website. Board of Selectmen Minutes May 19, 2020 2 Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close the Public Hearing to receive comments re garding the National Grid petition for Quail Run and Monteiro Way. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. NEW BUSINESS Vote on request of National Grid Petition-Quail Run and Monteiro Way Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve National Grid petition #16443967 for pole/conduit work on Quail Run Lane and Monteiro Way, with conditions as presented. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Discussion regarding Town Meeting and possible vote to change time from 6:00PM to 5:00PM Town Moderator, Mark DiSalvo, explained his thoughts for Town Meeting. There was strong consensus amoung the working group for it to be outdoors. If there are weather issues, the moderator has the authority to move to another date. Mr. DiSalvo indicated if the weather cooperates, the rain date would be the next day. Given the lighting is not adequate at night to ensure safety, the Town Manager is suggesting the time be moved from 6:00PM to 5:00PM in hopes to be done before it gets dark. Rosemary Smedile was concerned about location for seniors and suggested they be allowed to be in the auditorium. Mr. DiSalvo stated that health concerns prohibit it from being inside. Chris Nobile suggested a separate area be set up that is more accessible. Mr. DiSalvo acknowledged a tented area could be there for those that need it. Town Manager Rodrigues stressed the importance of having Town Meeting because a 1/12 budget will be problematic given the 3 pay periods in July and the fact that certain items are prepaid to receive a discount. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen change the time of Town Meeting from June 16, 2020 at 6:00PM to June 16, 2020 at 5:00PM. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Discussion and potential vote regarding Amazon TIF and community partnership agreement Included in the packet was the TIF and community partnership agreement with Amazon. Town Manager Rodrigues explained the agreement. The Community Partnership term sheet will be used as a basis for a development agreement. The TIF agreement is for a ten year period with a maximum anticipated exemption to Amazon of $27,300,197 and anticipated revenue to the Town of $18,200,131 for real estate property taxes. The TIF agreement does not apply to personal property taxes. The agreement also provides for a third party appraisal of the property every three years corresponding to the Town's commercial property valuation to come to an agreed upon assessed value of the property. The Community Partnership term sheet provides that Hillwood/Amazon will pay to the Town $2,333,333, which is one third of the cost of the Osgood Sewer project with an agreement to pay 50% of any cost of obtaining a sewer easement from Osgood Properties. They will also pay $100,000 for a traffic mitigation study, $100,000 for traffic equipment, $3,000,000 over the term of the TIF for STEM, $100,000 for technology for youth service and the library, $700,000 over a four year period for street tree planting and management, $100,000 for technology and furniture for the senior services and $264,034 for fire safety The term sheet also memorializes that the Developers intend to pay for the cost of improvements to Osgood Street in the approximate value of $2,000,000. Ms. Rodrigues stated that North Andover is the first community to enter into a development agreement with Amazon and Amazon has stated that the Town is still competing for the project. Ms. Smedile stated she is happy the agreement addresses so many quality of life issues. In response to a question from Mr. DeCologero, Ms. Rodrigues stated that Amazon has indicated they are not looking for incentives from the state, except for the Massworks contribution. Mr. DeCologero indicated the value is lower than what was represented last year but that site has been difficult. Ms. Rodrigues stated that the Town will receive $41 million over 15 years. Ms. Smedile stated the project will bring jobs and needed business for our local merchants. Regina Kean made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the Community Partnership Term Sheet between the Town of North Andover and Amazon.com Services, LLC and Hillwood Enterprises, LP which shall be incorporated into the Development Agreement between the parties. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile- yes, Vaillancourt-yes. Motion approved 5-0. Board of Selectmen Minutes May 19, 2020 3 Vote on Town Meeting Warrant article recommendations The options for recommendation are Favorable Action, Unfavorable Action, Take No Action or To be Made at Town Meeting. Multiple articles may be taken in one vote. Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Articles 2, 3 and 4. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Article 12-Town Manager Rodrigues explained that the Planning Board voted unfavorable action on this item; however, they did approve the site plan that showed the lot on it when granting the special permit. The Planning Board stated at their meeting they were not informed that the parcel needed to be purchased. Mr. DeCologero stated that the Planning Board is supposed to advise on land use, not finances, as that is the job of the Finance Committee and Board of Selectmen. Mr. DeCologero questioned now that the Town has to pay for it, it’s not an appropriate use of the land? Town Counsel indicated that the site plan at the last Town Meeting did not show the lot on it, but it was shown on the plans throughout the special permit process. Mr. DeCologero explained that the Town spent money based on the approval of a special permit. Ms. Rodrigues indicated that Town has spent approximately $450,000 and they are now researching the cost of redesigning the senior center should this article not pass at Town Meeting. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen recommend Favorable Action on Article 12. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Article 13- Mr. DeCologero suggested the Board wait until the Finance Committee makes their recommendation. Mr. Nobile stated that nothing will change in a month and it’s the operating budget that they should be concerned about not the capital plan. Mr. Vaillancourt stated that the Finance Committee could recommend projects be moved to another year. Ms. Rodrigues stated that she understood the Finance Committee wanting to wait but they had already recommended approval of the capital plan and she does not recommend deferring items because 2022 is going to be the problem year. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen make their recommendation at Town Meeting on Article 13. Roll call vote: DeCologero-yes; Kean- no; Nobile-no; Smedile-no, Vaillancourt-no. Motion failed 1-4. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Article 13. Roll call vote: DeCologero-no; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 4-1. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen recommend Favorable Action on Article 14. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen recommend Favorable Action on Article 15. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen recommend Favorable Action on Article 16. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Article 17- Town Manager Rodrigues recommends the Board wait to make a recommendation on the budget. She is working on a Memorandum of Understanding with the School Department and if does not come to fruition, the article may change. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen make their recommendation at the next meeting on Article 17. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Article 18- Ms. Rodrigues does not anticipate changes to the enterprise funds as they are based on rates. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Article 18. Roll call vote: DeCologero-no; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 4-1. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Article 19. Roll call vote: DeCologero-no; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 4-1. Article 20- Town Manager Rodrigues stated that the Stevens Estate has had many cancellations but all except one has rescheduled. It is unclear at this time when the Estate will be able to reopen. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen make their recommendation at the next meeting on Article 20. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Board of Selectmen Minutes May 19, 2020 4 Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen recommend Favorable Action on Article 21. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen recommend Favorable Action on Article 22. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen recommend Favorable Action on Article 23. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Article 24. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile- yes, Vaillancourt-yes. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Article 25. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen recommend Favorable Action on Article 30. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile- yes, Vaillancourt-yes. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeColgero that the Board of Selectmen recommend Favorable Action on Article 31. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes, Vaillancourt-yes. Motion approved 5-0. Vote to allocate an additional $100,000 from the Affordable Housing Trust to Greater Lawrence Community Action Council for the Emergency Rental Assistance Program The Affordable Housing Trust requested an additional $100,000 be granted to the Greater Lawrence Community Action Council for the Emergency Rental Assistance Program. To date, the program has encumbered $55,271 and the potential need based on the number of applications is $193, 271. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen authorize the disbursement of an additional $100,000 from the Affordable Housing Trust to be used for the Emergency Rental Assistance Program. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. APPROVAL OF MINUTES Rosemary Smedile made a MOTION, seconded by Chris Nobile to approve the Open Session Minutes of April 27, 2020. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. CONSENT ITEMS Sign Warrant for Town Election on June 2, 2020 Included in the packet was the warrant for the Town Election on June 2, 2020. Request of NAHS Class of 2020 Events Subcommittee to use Osgood, Main, Water, Elm and Sutton Street on Saturday, June 6, 2020 from 12PM to 1PM for NAHS Class of 2020 car parade Included in the packet was a request from NAHS Class of 2020 Events Subcommittee to use Osgood, Main, Water, Elm and Sutton Street for a car parade for the Class of 2020. All relevant departments have reviewed and have no issues. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve both consent items, as presented. Roll call vote: DeCologero-yes; Kean-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. OLD BUSINESS None TOWN MANAGERS REPORT Job posting/vacancy log Included in the packet was the job posting/vacancy log provided by the Human Resources Department. Town Manager Rodrigues stated that the Town is not filling any positions at the moment. Board of Selectmen Minutes May 19, 2020 5 Update on plans and protocols for election nd Town Manager Rodrigues explained the protocols for the June 2 election that were included in the packet. Only one voter per precinct will be let in at a time. Emergency Management, police and fire will all be there to assistance with directing entering and exits and cleaning of areas. Update on COVID-19 Health Director, Brian Lagrasse gave the latest update on COVID-19. In response to a question from Ms. Smedile, Ms. Rodrigues explained they are working on implementing curbside pickup at the library. Ms. Rodrigues announced she is forming a working group for businesses to help with reopening and would like one or two members of the Board to join. Mr. DeCologero and Ms. Smedile volunteered to be on the working group. Ms. Smedile announced the Yee family, owners of China Blossom, have donated thousands of masks. SELECTMEN’S UPDATES/COMMENTS None ADJOURNMENT Regina Kean made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at 10:00PM. 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: National Grid petition and public comments Town Meeting warrant articles Affordable Housing Trust memorandum Amazon TIF and Community Partnership Agreement Minutes of April 27, 2020 Election warrant Request of NAHS Class of 2020 events committee Job posting/vacancy log Election protocols