HomeMy WebLinkAbout2020-08-31 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES August 31, 2020
CALL TO ORDER: Chairman Chris Nobile 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: Laura Bates, Phil
DeCologero, Rosemary Smedile, Richard Vaillancourt and Chris Nobile. Town Manager, Melissa Murphy
Rodrigues, Deputy Town Manager, Denise Casey and Director of Administrative Services, Laurie Burzlaff
were all present.
Chairman Nobile 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 COMMENT
Town Manager Rodrigues stated 2 public comments were received. The first was from Nadine of Pipe
Dream Cupcakes who had a question about the Mobile Food Truck regulations. Laurie Burzlaff contacted
her prior to the meeting and explained that regulations do not affect her exemption that was passed at
Town Meeting.
The second public comment was from Thom Dugan who wrote: “Good evening, regarding COVID-19
what happens if a significant number of new cases develop from residents or students at private
secondary and post secondary schools, resulting in the Governor's dashboard moving from green to
yellow or red? Is the town required to automatically roll back to one of the lower pandemic response
stages? My comment is as the newest member of the Trustees of Osgood Hill. I would like to thank the
long term advisory committee for their hard work. My hope is that with our new Town Manager, our
director, and a newly formed group of Trustees we can collectively dedicate ourselves to using the
information from this report in creating a great recreational, cultural, and event space for our townspeople
and the region.”
PUBLIC HEARINGS
Chairman Nobile 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 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 National Grid to install underground electric conduits on Cedar 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 Cedar Lane. Roll call vote: Bates-yes; DeCologero-yes; Smedile-yes;
Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
David Boucher from National Grid explained that old cables need to be replaced because they are at the
end of their life. The work will start sometime in November and will take five days to complete. They will
use directional drilling and will not be digging up driveways.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close the public hearing for
comments regarding the National Grid petition to install underground conduits for Cedar Lane.
Board of Selectmen Minutes August 31, 2020 2
Roll call vote: Bates-yes; DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion
approved 5-0.
GOVERNMENTAL REPORTS
Report from the Stevens Estate Long Term Advisory Committee
Included in the agenda packet was the report from the Long Term Advisory Committee. Committee Chair,
Jim Lafond, explained the Committee looked at three models- the current one where the town owns and
operates, one where the town owns but is operated by a nonprofit and one where the town owns but is
operated by a for profit. The Committee spoke with other towns about how they operate their similar
facilities. They released a survey to the public and also had a public input form online. The
recommendation of the Committee is for the Town to issue a Request for Proposals for a nonprofit to
either lease or operate the Estate through a management agreement.
Richard Vaillancourt asked about the Trustees interest in the property given they did not respond to the
last two Requests for Proposals. Mr. Lafond stated the Trustees have indicated they are very interested in
the property but they did not provide any proposals as that was not the reason for the Committee meeting
with them. The Committee looked at what they could bring to the table- they own similar properties and
open space, their expertise in restoration and management of properties and properties are open for
public use.
Town Manager Rodrigues stated the Town has requested a legal opinion about the scope of authority for
the Town and the Stevens Estate Trustees and that the Trustees are preparing a response to the
recommendation. In response to a question from Mr. DeCologero, Mr. Lafond stated the vote on the
recommendation was unanimous and the process went well. Mr. Lafond indicated that they looked at the
numbers and they felt the Town Accountant was providing the correct information and they didn’t see a
consistent profit to justify the Town continuing to operate. Ms. Bates asked about the number of
nonprofits. Mr. Lafond stated there is a limited pool and that they had not discussed any financial
commitment from the Town with the Trustees of Reservations.
COVID-19 update
Health Director, Brian Lagrasse, stated that the state is at one percent positive test rate and that four out
of the six metrics are now green. North Andover has 8 active cases and there is still free testing available.
Ms. Rodrigues explained that Town Hall and the library are open by appointment only. She thanked Rick
Gorman and the Summer Fun staff for putting on a great program. The Town Manager gave a breakdown
of the funds received for COVID relief and explained that so far funds have been spent on PPE,
chromebooks and air quality evaluations of the buildings.
NEW BUSINESS
Vote on National Grid petition in install underground electric conduits on Cedar Lane
Laura Bates made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve
National Grid petition #29491229 to install underground conduits on Cedar Lane, as presented.
Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion
approved 5-0.
Request of Bryan Wu for permission to complete Eagle Scout project of restoring benches at the Town
Common
Bryan Wu was present to explain his request to sand and stain the benches at the Town Common for his
Eagle Scout project.
Rosemary Smedile made a MOTION, seconded by Laura Bates that the Board of Selectmen
approve the request of Bryan Wu to restore the benches at the Town Common for his Eagle Scout
project. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes.
Motion approved 5-0.
Update from Merrimack College regarding reopening
Andrew Maylor, Vice President and Chief Business Officer of Merrimack College explained what the
college has done to prepare for the reopening. The have invested millions of dollars to prepare for the
th
return of students to campus. Mr. Maylor stated that students began to move in on August 13 and they
are doing hundreds of COVID tests daily.
Proposed Master Plan Redevelopment of Royal Crest Estates
Board of Selectmen Minutes August 31, 2020 3
Michael Lozano of Trinity Financial along with several other representatives were present to outline the
preliminary plans for the redevelopment of Royal Crest Estates. Jim Keefe, Principle of Trinity Financial
stated that it would be difficult to renovate the buildings and bring them up to today’s standards. Peter
Tamm, counsel for Trinity, indicated they have been getting input from various stakeholders and the plan
will require a rezoning. It is their intent to meet with Town Boards with the goal of getting an article on
Town Meeting in May for a new overlay zone. Mr. Tamm stated there would be a development agreement
and would be seeking a comprehensive permit. They would like to work with the Town on a friendly 40B.
Mr. Vaillancourt stated he was concerned about the buffer zone with the existing abutters. Mr.
DeCologero questioned the market for the one bedroom and studio apartments. Ms. Smedile was
concerned about traffic and strain on the schools. Mr. Lozano stated the project would be done in phases
and will take 8-10 years to complete.
Amend mission statement of the Commission on Inclusion, Equity and Diversity to increase membership
to include one LGBTQ resident
Selectmen DeCologero and Bates are suggesting the Board amend the mission statement of the
Commission on Inclusion, Equity and Diversity to increase the membership by one resident of the LGBTQ
community.
Phil DeCologero made a MOTION, seconded by Laura Bates that the Board of Selectmen amend
the mission statement of the Commission on Inclusion, Equity and Diversity to increase the
membership to include one resident from the LGBTQ community. Roll call vote: Bates-yes,
DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Appointments to the Commission on Inclusion, Equity and Diversity
The first three members were chosen by their individual boards/committees to represent them on the
Commission on Inclusion, Equity and Diversity and the last three were recommended by the appointment
subcommittee.
1. Stacey Leibowitz- Commission on Disabilities
2. Supraja Ganti-Race Amity Club
3. Larry Allen-Youth and Recreation Council
4. Lina Hunter-Minority Business owner
5. Toni Wedge-resident
6. Vijay Villala-resident
Laura Bates made a MOTION, seconded by Phil DeCologero that the Board of Selectmen appoint
Stacey Leibowitz, Larry Allen, Lina Hunter and Toni Wedge to the Commission on Inclusion,
Equity and Diversity for a term ending June 30, 2021 and Vijay and Villala and Supraja Ganti for a
term ending June 30, 2022. Ms. Smedile recused herself from voting for Toni Wedge as she is a
relative. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes to all except Toni Wedge;
Vaillancourt-yes; Nobile-yes. Motion approved 4-0 for Toni Wedge and 5-0 for all others.
Interim Chair- Denise Casey
Mr. DeCologero suggested the Board appointed Deputy Town Manager, Denise Casey, interim chair of
the Commission on Inclusion, Equity and Diversity for a maximum of 90 days or until the Commission
selects a permanent Chair to serve for the initial one-year term.
Laura Bates made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the appointment of Denise Casey as interim chair of the Commission on Inclusion, Equity
and Diversity for a term ending November 26, 2020 or until the Commission selects a permanent
chair, whichever is earlier. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-
yes; Nobile-yes. Motion approved 5-0.
Appointment to Board of Registrars
Included in the packet was a letter from the Democratic Town Committee with three names brought
forward for appointment to the Board of Registrars. The Board must pick one name from the list. MGL
Chapter 51, Section 15 states terms shall run from April 1 through the following year.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
appoint Eileen Kelly to the Board of Registrars for a term ending March 31, 2023. Roll call vote:
Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Board of Selectmen Minutes August 31, 2020 4
Discussion and possible vote on revisions to Mobile Food Truck Regulations
Laurie Burzlaff explained the revisions to the Mobile Food Truck Regulations. Presently the process is a
bit complicated as there are two applications to complete. This will streamline the process and also
remove the requirement that a person applies for a license when they will be parking solely on private
property. They will still need to apply for the Board of Health permit but the requirement for a Board of
Selectmen license will only be required when parked on public property.
Phil DeCologero made a MOTION, seconded by Laura Bates that the Board of Selectmen approve
the revisions to the Mobile Food Truck Regulations as presented. Roll call vote: Bates-yes,
DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Reassignment of board liaisons previously assigned to Regina Kean
Laura Bates agreed to take over assignments that were originally assigned to Regina Kean (Community
Preservation Committee Cultural Council, School Committee and Youth and Recreation Council).
Planning Board request to update Planning Board Filing Fees
Included in the packet was a memorandum from Jean Enright, Planning Director, regarding the filing fees
for the Planning Board.
Laura Bates made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve
the revisions to the Planning Board Filing Fees, as presented. Roll call vote: Bates-yes,
DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
LICENSING COMMISSIONERS
Richard Vaillancourt made a MOTION, seconded by Laura Bates, to open a meeting of the North
Andover Licensing Commission. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes;
Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Public Hearing pursuant to MGL Chapter 148, Section 13- License for storage of propane gas at Rocky’s
Ace Hardware, 50 Peters Street
Licensing Chair Smedile 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 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
Chris Nobile made a MOTION, seconded by Laura Bates that the Board of Selectmen, acting as
Licensing Commissioners, open the public hearing to receive comments regarding the application
for a license to store propane gas at Rocky’s Ace Hardware, 50 Peters Street. Roll call vote: Bates-
yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
At the request of the Chair, Laurie Burzlaff explained that the request is so the applicant can continue to
store empty propane tanks without going over their limit. They are not expanding the area where the
current propane tanks are stored. This is a formality so they can continue to operate as is and be in
compliance.
Chris Nobile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen
close the public hearing to receive comments regarding the regarding the application for a license
to store propane gas at Rocky’s Ace Hardware, 50 Peters Street. Roll call vote: Bates-yes,
DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Vote on license for storage of propane gas at Rocky’s Ace Hardware, 50 Peters Street
Chris Nobile made a MOTION, seconded by Laura Bates that the Board of Selectmen approve the
application for a license to store propane gas at Rocky’s Ace Hardware, 50 Peters Street. Roll call
vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Board of Selectmen Minutes August 31, 2020 5
Request from Smolak Farms for three one day wine and malt licenses on September 9, 2020, September
16, 2020 and September 23, 2020 from 5:30PM to 9:00PM for the Whim Dinner Series
Chris Nobile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen,
acting as Licensing Commissioners, approve the request of Smolak Farms for three one day wine
and malt licenses for the Whim Dinner Series on September 9, 16 and 23, 2020 from 5:30PM to
9:00PM with a maximum number of people at the event of 50, including staff, and subject to
compliance with all Executive Orders issued by the Governor in effect at the time of the event.
Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion
approved 5-0.
Chris Nobile made a MOTION, seconded by Laura Bates to close a meeting of the North Andover
Licensing Commission. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes;
Nobile-yes. Motion approved 5-0.
APPROVAL OF MINUTES
Open session minutes of July 20, 2020, as written
Open session minutes of August 10, 2020
Laura Bates made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the Open Session minutes of July 20, 2020 and August 10, 2020, as written. Roll call vote:
Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0.
Executive Session minutes of February 25, 2013 and December 27, 2013
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen approve the Executive Session minutes of February 25, 2013 and December 27, 2013 as
written. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes.
Motion approved 5-0.
CONSENT ITEMS
Accept donation of historical quilts from the North Andover Historical Society to The Stevens Estate
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen accept the donation of historical quilts from the North Andover Historical Society to
The Stevens Estate. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes;
Nobile-yes. Motion approved 5-0.
TOWN MANAGERS REPORT
Job posting/vacancy log
The Board was provided with the job posting/vacancy log.
Town Manager Rodrigues announced that the Town received a Green Communities grant to install LED
lighting at the Middle School, Library and some of the elementary schools. Ms. Rodrigues stated that
revenues are tracking strong and free cash was certified at $10.8 million.
SELECTMEN’S UPDATES/COMMENTS
Chairman Nobile stated that the Master Plan Implementation Committee had its first meeting in August
th
and will meet again on September 24. Mr. Nobile also reminded the Board members to complete the
Town Manager’s performance evaluation.
ADJOURNMENT
Rosemary Smedile made a MOTION, seconded by Laura Bates to adjourn the meeting at 10:23PM.
Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion
approved 5-0.
Respectfully submitted,
Laurie A. Burzlaff
Executive Assistant
Board of Selectmen Minutes August 31, 2020 6
_______________________________
Richard Vaillancourt, Clerk of the Board
Documents used at meeting:
National Grid petition
Stevens Estate Long Term Advisory Committee report
Request from Bryan Wu
Merrimack College reopening guide
Royal Crest Estates Master Plan presentation
Commission on Inclusion, Equity and Diversity mission statement
Volunteer forms
Letter from Town Democratic Committee
Mobile Food Truck Regulations
List of Board Liaisons
Memorandum from Jean Enright
Request from Rocky’s Ace Hardware
Smolak Farms request
Minutes of July 20, 2020 and August 10, 2020
Executive Session minutes of February 25, 2013 and December 27, 2013
Donation letter
Job posting/vacancy log