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HomeMy WebLinkAbout2020-09-14 Board of Selectmen Minutes BOARD OF SELECTMEN SEPTEMBER 14, 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 Jennifer Goldman who requested active collaboration among Selectman, School Committee, Superintendent, Finance Committee, and the Town Manager to create a comprehensive 5 year Capital and Operating projection and plan for infrastructure, learning delivery, staff to reduce class sizes, social emotional support, professional development and other needed improvements. “I request the 1st draft of this comprehensive plan be presented to residents before 12/31/2020 to allow time for meaningful, collaborative discussions regarding funding before we have to vote on them in the Town Meeting in May.” The second public comment was from James Wefers who wrote, “Currently we have eight All Alcoholic License Liquor Stores in town all located in a Shopping Mall,Mini Mall or Strip Mall. McAloons Package Store,Wine Connection,114 Liquors, Cork Shop,Main Street Liquors,Butcher Boy Market,The Vineyard and Den Wine and Spirits. Would that be correct ? If so would it be correct that Mike’s Market would the only All Alcoholic Beverages establishment in town located in dense residential neighborhood . It is standalone building located on the busy intersection of Waverly and Middlesex near the Thomson School. I understand the interested party must make a living as a business man. But my concern is for the neighborhood. The location already has a beer and wine license and the lottery, isn’t that enough ?” LICENSING COMMISSIONERS Phil DeCologero made a MOTION, seconded by Laura Bates, to move into Licensing. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. 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 Public Hearing-Application for amendments to liquor license for JMML Enterprises, LLC d/b/a Mike’s Market- 220 Middlesex Street Chris Nobile made a MOTION that the Board of Selectmen, acting as Licensing Commissioners, open the public hearing to receive comments regarding the application for amendments to the liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street. Phil DeCologero SECONDED. Roll call vote Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Attorney Brian Vaughan of Smolak & Vaughan LLC was present. Ms. Smedile asked Attorney Vaughan to summarize the request. Attorney Vaughan explained that Mike’s Market is transferring ownership between spouses and a change of manager. Mr. Vaillancourt asked Attorney Vaughan about the change of license. Attorney Vaughn stated it was a change of license from Beer and Wine to All Alcohol license. Ms. Rodrigues read public comments. Jim Wefers of 70 Harold Street sent in a public comment. Mr. DeCologero stated that he spoke with Mr. Wefers about his comment. Phil DeCologero made a MOTION, seconded by Laura Bates that the Board of Selectmen close the public hearing to receive comments regarding the regarding the application for amendments to the liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote on application for amendments to liquor license for JMML Enterprises, LLC d/b/a Mike’s Market-220 Middlesex Street Mr. DeCologero asked Attorney Vaughn if approved how will the owners apply the license to their site. Attorney Vaughn stated the character of business will not change, they are only expanding their product line. Mr. Vaillancourt asked if owners would provide a layout and possible limitation on percentage of sale of liquor. Attorney Vaughn stated this was passed at Town Meeting last year. Attorney Vaughn asked the Board if no more than 30% of space dedicated to alcohol sales would be acceptable. Mr. Vaillancourt asked if beer and wine would be included in the percentage. Attorney Vaughn stated beer and wine would be included. Ms. Smedile suggested having alcohol behind the counter. Ms. Rodrigues stated a condition could be placed on the license that nips should not be accessible by customers. Mr. Vaillancourt asked to see a layout and percentage of space for alcohol. Ms. Smedile asked to hear from the owners as to what their plan is. Ms. Rodrigues suggested to place this item on the next agenda without a public hearing. Ms. Bates asked Ms. Rodrigues if North Andover limits All Alcohol licenses. Ms. Rodrigues confirmed that North Andover is at capacity and explained terms of special licensing. Ms. Rodrigues stated no action is required and the Board can table the discussion. Public Hearing-Application for amendments to liquor license for Virginia, Inc. d/b/a J&M-701 Salem Street Richard Vaillancourt motioned that the Board of Selectmen, acting as Licensing Commissioners, open the public hearing to receive comments regarding the application for amendments to the liquor license for Virginia, Inc. d/b/a J&M-701 Salem Street.” Phil DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. There were no public comments. Attorney Vaughn explained this is an interfamily transfer and expansion of their current location. Plan for layout was provided by applicant. Laura Bates motioned that the Board of Selectmen, acting as Licensing Commissioners, close the public hearing to receive comments regarding the application for amendments to the liquor license for Virginia, Inc. d/b/a J&M-701 Salem Street. Phil DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote on application for amendments to liquor license for Virginia, Inc. d/b/a J&M-701 Salem Street Laura Bates motioned that the Board of Selectmen, acting as Licensing Commissioners, approve the application for amendments to the liquor license for Virginia, Inc. d/b/a J&M-701 Salem Street. Chris Nobile seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Public Hearing- Application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue Chris Nobile motioned that the Board of Selectmen, acting as Licensing Commissioners, open the public hearing to receive comments regarding the application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue. Laura Bates seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Richard Vaillancourt motioned to continue Public Hearing regarding the application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue to the next meeting. Chris Nobile seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote on Application of S.J. Enterprises for a package store license at 12 Massachusetts Avenue Ms. Rodrigues stated no action is required and the Board can table the discussion. Richard Vaillancourt motioned to close a meeting of the North Andover Licensing Commission. Laura Bates seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. GOVERNMENTAL REPORTS COVID-19 Update Brian LaGrasse presented an update on COVID-19 discussing the following information: -0.8% positive test rate - Lowest hospitalization rate to date -10 active cases in Town presently - Massachusetts will remain at Phase 3 Step 1 for the time being Ms. Rodrigues stated the Town is testing a lot more people. Merrimack College continues to test students. Mr. LaGrasse stated that prior to the opening of Merrimack College there were about 1500 tests a week and now is at 6500 tests per week. Ms. Bates asked about rapid response team for school opening. Mr. LaGrasse affirmed. Mr. DeCologero asked what the Town Hall’s role will be in contact tracing. Mr. LaGrasse explained the Town Hall will work with the School Department to notify schools and families. The Department of Public Health is the first contact and next action is to quarantine all contacts. Mr. LaGrasse further explained that this is the same with sports and youth programs. Ms. Smedile asked about restaurant with outdoor seating. Mr. LaGrasse stated they are trying to get the outdoor seating extended to November. Ms. Smedile asked about having restaurants install plexi-glass between seating if that would allow for more capacity indoor. Mr. LaGrasse explained that there would be an issue with airflow. Mr. DeCologero asked about the regulations of outdoor heaters. Mr. LaGrasse explained that the Fire Department deals with outdoor heaters under tents. Ms. Rodrigues stated that the Governor extended outdoor seating and it will require a fire inspection. She will have more info next meeting. Update on Senior Center Ms. Rodrigues gave an update on the Senior Center progress. Ms. Rodrigues explained the next step will be the closing that will be delaying due to a tenant that remains onsite. She explained there is a current eviction process going on and site construction will be able to begin around January 2021. After that it will be approximately 14 months from start to finish. Update on Amazon Ms. Rodrigues gave an update on Amazon. Ms. Rodrigues stated that a check has been received for one-third of the sewer project. There has not been any applications or permits as of yet but they are building toward it. NEW BUSINESS Select Board FY22 Goals Ms. Rodrigues went over the spreadsheet of last year’s goals and the status of the proposed goals for FY22. Mr. Vaillancourt asked what the next steps are to sign up for goals. Ms. Rodrigues explained that she will assign a lead for each of the goals so that a Select Board member can be the representative. Mr. Vaillancourt suggested a working meeting. Ms. Rodrigues replied that she will look into it. Confirm appointment of Dr. Richard Tilson Richard Vaillancourt motioned that the Board of Selectmen confirm the appointment of Dr. Richard Tilson to the Board of Health for a term ending June 30, 2023. Rosemary Smedile seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Set date for annual Town Meeting Richard Vaillancourt motioned that the Board of Selectmen confirm the date for the annual Town Meeting as Tuesday May 18, 2021 at 7PM. Rosemary Smedile seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote to release legal opinion of KP Law regarding authority for the Stevens Estate Ms. Rodrigues suggested to have KP Law come to the next meeting to answer questions. Ms. Smedile supported releasing to the public. Rosemary Smedile motioned that the Board of Selectmen approve the release of the legal opinion from KP Law regarding the authority of Stevens Estate. Phil DeCologero seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Approval of minutes of Open Session on August 31, 2020 Laura Bates motioned that the Board of Selectmen approve the Open Session minutes of August 31, 2020 as written. Richard Vaillancourt seconded. Roll call vote: Bates-yes, DeCologero-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. CONSENT ITEMS None OLD BUSINESS Discussion and possible vote regarding the Stevens Estate Ms. Rodrigues stated she will work with Laurie Burzlaff on an RFP to bring to the Select Board to discuss whether the RFP will meet the goals of the Board. Mr. DeCologero asked to include the chairman of the Stevens Estate Long Term Advisory Committee. Ms. Smedile stated she would like to see a member from the Trustees of Osgood Hill as well. Mr. Vaillancourt suggested that it be transparent and public with a stress on over communicating all items. Ms. Rodrigues agreed and suggested setting up an informative website. TOWN MANAGER’S REPORT Ms. Rodrigues thanked the fire department for the 911 Ceremony. ADJOURNMENT Rosemary Smedile made a MOTION, seconded by Laura Bates to adjourn the meeting at 9:10PM. Roll call vote: Nobile-yes; DeCologero-yes; Vaillancourt-yes; Kean-yes; Smedile-yes. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard Vaillancourt, Clerk of the Board Documents used at meeting: License Application Mike’s Market at 220 Middlesex St License Application Virginia Inc. at 701 Salem St License Application S.J. Enterprises at 12 Massachusetts Ave Select Board Goals FY22 Spreadsheet Volunteer Form Memorandum regarding 2021 Annual Town Meeting Meeting Minutes of August 31, 2020