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Home My WebLink About2020-06-29 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES June 29, 2020 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM. 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, Phil DeCologero, Chris Nobile, Laura Bates, Town Manager, Melissa Murphy Rodrigues, Deputy Town Manager, Denise Casey and 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 PUBLIC HEARINGS 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, these public hearings of the Town of North Andover are being conducted via remote participation. No in-person attendance of members of the public will be permitted, but the public can listen to the hearing 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 hearing 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 Petition of Verizon New England to excavate and install underground conduits-Bridle Path Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen open the public hearing to receive comments regarding the Verizon New England petition to install underground conduits for Bridle Path. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Ross Bilodeau from Verizon explained the petition to install a new conduit and hand holds necessary for them to move to an all fiber network. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen close the public hearing to receive comments regarding the Verizon New England petition to install underground conduits for Bridle Path. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Petition of National Grid to excavate and install underground conduits-Water Street Rosemary Smedile made a MOTION, seconded by Laura Bates that the Board of Selectmen open the public hearing to receive comments regarding the National Grid petition to install underground conduits for Water Street. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Paul Saffler from National Grid explained that the work was requested to be done by Avalon Bay for the new apartments they are building. Mr. Vaillancourt explained that there is a moratorium on paving Water Street because it was just paved. National Grid agreed to the conditions regarding the paving that were outlined in the memorandum from the Department of Public Works. Rosemary Smedile stated that the businesses in that area have suffered a lot over the last two years and she was concerned about the impact on them with another round of construction. Richard Vaillancourt was concerned that not all abutters on Water Street were notified. Town Manager Rodrigues explained that the requirement is anyone within 300 feet of the work being done. Mr. Vaillancourt also asked for the date the work would begin and the length it would take to complete. Ms. Bates asked what the downside was to waiting until Board of Selectmen Minutes June 29, 2020 2 the moratorium ends. Mr. Vaillancourt asked for the matter to be tabled until they can get the answers to their questions. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to table the public hearing for comments regarding the National Grid petition to install underground conduits for Water Street until the next meeting on July 20, 2020. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Petition of National Grid to excavate and install underground conduits-Lisa Lane Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen open the public hearing to receive comments regarding the National Grid petition to install underground conduits for Lisa Lane. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Paul Saffler of National Grid explained that the underground wire is at the end of its useful life and needs to be replaced. There will be no cutting across the street or driveways. They hope to begin work in September and it will take approximately three days to complete. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen close the public hearing to receive comments regarding the National Grid petition to install underground conduits for Lisa Lane. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. GOVERNMENTAL REPORT Town meeting recap Town Moderator, Mark DiSalvo, thanked Town Manager Rodrigues and Laurie Burzlaff for their work getting ready for Town Meeting. Mr. DeSalvo indicated the survey results are online and several other towns have used North Andover’s model for their town meetings. The Board commended Mr. DiSalvo on his work to make town meeting safely happen. COVID-19 update Town Manager Rodrigues indicated that there are 343 total cases in North Andover but only 4 are active. Summer Fun started, curbside pickup at the library has started and PPE is available for businesses. Ms. Rodrigues showed the Board the new tracking graph for the COVID cases that was created by IT Director, Chris McClure and is on the website. NEW BUSINESS Vote on Verizon New England petition-Bridle Path Rosemary Smedile made a MOTION, seconded by Laura Bates that the Board of Selectmen approve the Verizon New England petition #1A2GTOQ for conduit work on Bridle Path with conditions presented. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Vote on National Grid petition-Water Street This matter was tabled. Vote on National Grid petition-Lisa Lane Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve National Grid petition #29491501 for pole/conduit work on Lisa Lane with conditions presented. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Grant of easement to National Grid for Kittredge School The Board is being asked to sign an easement to National Grid for a utility line to Kittredge School. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the grant of easement to National Grid, as presented. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0 Appointments The Board was provided with the list of re-appointments and appointments by the Board of Selectmen to various Boards and Commissions that will be effective July 1, 2020, as recommended by the appointment Board of Selectmen Minutes June 29, 2020 3 subcommittee. Ms. Smedile asked that Board members have more input on the selections for appointment and would like to reach out to the applicants. Board of Selectmen Appointments to Boards and Committees Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the re-appointments to various Boards and Commissions, as listed, effective July 1, 2020. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Mr. DeCologero stated that Susan Michelle Lauren withdrew her name from appointment to the Stevens Estate Advisory Board aka Osgood Hill Board of Trustees. Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen appoint Thomas Dugan to the Osgood Hill Board of Trustees through June 30, 2023. Roll call vote: Bates- yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Town Manager Appointments to Boards and Committees Ms. Rodrigues indicated she is currently interviewing applicants for the Board of Health and Board of Assessors. Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen confirm the Town Manager’s appointments as listed, effective July 1, 2020. Roll call vote: Bates- yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Special Counsel Appointment through June 30, 2021 – KP Law Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the appointment of the firm of KP Law as Special Counsel through June 30, 2021. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Special Counsel Appointment through June 30, 2021 – Norris, Murray & Peloquin, LLC Laura Bates made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the appointment of the firm of Norris, Murray & Peloquin as Special Counsel through June 30, 2021. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. APPROVAL OF MINUTES Chris Nobile made a MOTION, seconded by Rosemary Smedile to approve the minutes for June 15, 2020, as presented. Roll call vote: Smedile-yes; DeCologero-yes; Bates-yes; Nobile-yes; Vaillancourt-yes. Motion approved 5-0. CONSENT ITEMS Request of Angel Flight NE to use streets in North Andover for their annual Ride for Angels on Sunday, September 13, 2020 beginning at 7:00AM Request of the Samaritans to use streets in North Andover for their annual Walk for Hope on Saturday, October 17, 2020 from 8:30AM to noon Request of the North Andover Athletic Association to use streets in North Andover for their annual Knights on the Run road race on Saturday, October 17, 2020 starting at 9:30AM Request of North Andover Merchants Association to use the Town Common for a Fall Festival on September 19, 2020 from 10:00AM to 4:00PM Accept Affordable Housing restriction for 138 High Street Affordable Unit Resales 1. 1702 Dogwood Circle 2. 190 Chickering Road, Unit 109D 3. 45 Cochichewick Drive Board of Selectmen Minutes June 29, 2020 4 Rosemary Smedile made a MOTION, seconded by Phil DeCologero approve all items under Consent with events being subject to the Governor’s allowance of such gatherings. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. LICENSING COMMISSIONERS Chris Nobile made a MOTION, seconded by Rosemary Smedile to open a meeting of the North Andover Licensing Commission. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile- yes; Vaillancourt-yes. Motion approved 5-0. Request from Jager Enterprises Co. for a change of dba from The Wine Lab to Tavern on High Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Jager Enterprises Co. for a change of dba from The Wine Lab to Tavern on High. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Request from Smolak Farms for four one day wine and malt liquor licenses for the Whim Dinner Series from 5:30PM to 9:00PM on July 15, 2020, July 29, 2020, August 12, 2020 and August 19, 2020 Laura Bates made a MOTION seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Smolak Farms for four one day wine and malt licenses for the Whim Dinner Series on July 15, July 29, August 12 and August 19, as presented. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Richard Vaillancourt to close a meeting of the North Andover Licensing Commission. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile- yes; Vaillancourt-yes. Motion approved 5-0. OLD BUSINESS Vote on membership and charge of Diversity Commission Included in the packet was the final draft of the Diversity Commission membership and charge. Phil DeCologero explained that they added a preamble recognizing that it was the murder of George Floyd that prompted this action. In response to a suggestion from Mr. Nobile, Ms. Rodrigues amended the document to create staggered terms. Laura Bates suggested the language should state “black and brown” and not just “black”. Ms. Smedile suggested it state “people of color”. Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen form an Inclusion, Equity and Diversity Commission and approve the membership and charge as amended. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. TOWN MANAGER’S REPORT The Town Manager reported that the TIF was approved by the state. Ms. Rodrigues also stated that they are asking people to reduce water use and the Town is still waiting to see if the Governor will allow events like the Concerts on the Common. BOARD REORGANIZATION Nomination and vote for Officers (Chair and Clerk) Phil DeCologero made a MOTION, seconded by Laura Bates to appoint Chris Nobile as Chair of the Board of Selectmen. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Phil DeCologero made a MOTION, seconded by Rosemary Smedile to appoint Richard Vaillancourt as Clerk of the Board of Selectmen. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. Nomination and vote for Licensing Chair Phil DeCologero made a MOTION, seconded by Chris Nobile to appoint Rosemary Smedile as Licensing Chair. Roll call vote: Bates-yes; DeCologero-yes; Nobile-yes; Smedile-yes; Vaillancourt- yes. Motion approved 5-0. Board of Selectmen Minutes June 29, 2020 5 Nomination and vote for Appointment Subcommittee Chris Nobile made a MOTION, seconded by Rosemary Smedile to appoint Phil DeCologero and Laura Bates to the appointment subcommittee. Roll call vote: Bates-yes; DeCologero-yes; Nobile- yes; Smedile-yes; Vaillancourt-yes. Motion approved 5-0. ADJOURNMENT Phil DeCologero made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at 8:53PM. Roll call vote: Bates-yes; Nobile-yes; DeCologero-yes; Vaillancourt-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: Pole Petition-Verizon England Pole Petition- National Grid-Water Street Pole Petition-National Grid- Lisa Lane Easement for Kittredge School Appointment list Minutes of June 15, 2020 Request of Angel Flight Request of Samaritans Request of North Andover Athletic Association Request of North Andover Merchants Association Affordable housing restriction Affordable unit resale letters Request of Jager Enterprises Co. Request of Smolak Farms Commission on Inclusion, Equity and Diversity description