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HomeMy WebLinkAbout2023-08-07 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES August 07, 2023 Call To Order: Chair Janice Phillips called the open meeting to order at 5:03PM in the Select Board meeting room at Town Hall. Select Board in Attendance: Chair Janice Phillips, Laura Bates, Clerk Rosemary Smedile, Brian Roache and Richard Vaillancourt (arrived at 5:13PM) were present. Non-Board Members in Attendance: Town Manager Melissa Rodrigues Deputy Town Manager Denise Casey, Town Counsel, Christine O’Connor, and Assistant Town Manager Laurie Burzlaff were present. NEW BUSINESS Discussion of Keno letter The Town received a letter from the State Lottery Commission regarding the installation of a Keno monitor at Wine and Beer of the Andovers on Winthrop Avenue. Presently they have Keno without a screen. No vote needed unless the Board objects. The Board had no objections to the installation of the monitor. LICENSING Laura Bates made a motion, seconded by Brian Roache, to open a meeting of the licensing commission. Motion approve 4-0. Application from Orzo, LLC, 1085 Osgood Street, for a common victualler and entertainment license Brian Roache made motion seconded by Janice Phillips that the Select Board, acting as licensing commissioners approve the application from Orzo, LLC, 1085 Osgood Street, for a common victualler and entertainment license. Motion approved 4-0. Application from Baked Bagels LLC d/b/a Baked Bagel Café, 113 Main Street, for a common victualler license Applicant, Mike Finnegan, explained that they have been open for take out only. Janice Phillips made a motion, seconded by Laura Bates, that the Select Board, acting as licensing commissioners approve the application of Baked Bagels LLC d/b/a Baked Bagel Café, 113 Main Street, for a common victualler license. Motion approved 4-0. Application from the Trustees of Reservations, 153 Chickering Road, for a one day wine and malt liquor license for a concert on August 18, 2023 from 6:00PM to 8:00PM Colleen Hamilton from the Trustees explained that they had a problem getting a food vendor which is why they did not include this date with the rest of the applications last month. Laura Bates made a motion, seconded by Brian Roache, that the Select Board, acting as licensing commissioners approve the application from the Trustees of Reservations for a one day wine and malt liquor license on August 18, 2023 from 6:00PM-8:00PM for a summer concert. At 5:11PM the Board recessed to wait for Mr. Vaillancourt to arrive. At 5:13PM Mr. Vaillancourt arrived and Board reconvened. Policy review Electioneering During Early and Absentee Voting This policy was created when early voting started at Town Hall. Board requested language to be added that states “or at any other voting location” so it would apply to more than just Town Hall. Mr. Roache asked if this prohibits someone from having a sign on private property. Ms. Rodrigues explained that state law controls this and she will ask DPW to look at the GIS to determine which surrounding parcels are included in the 150 feet. Flag Protocol No changes are recommended to this policy. The Town Manager has the discretion to lower the Town flag. 1 NORTH ANDOVER SELECT BOARD MINUTES August 07, 2023 Flag Raising This policy was approved prior to the City of Boston lawsuit. The language deleted is the current policy and the new recommended policy is after that. Flags need to be flown in recognition of a town event. In response to a question from Ms. Bates, Ms. Rodrigues stated that the Board would need to decide whether something is a town event. The “town event” can be the flag raising itself. Mr. Vaillancourt asked about the duration of events as the Board voted to allow the pride flag for 30 days and does not require them to request each year. Ms. Rodrigues recommended the proclamation be revised to state it is a town event. Ms. Smedile stated that the Board needs to be careful that they are not exclusionary and that there are multiple causes over 12 months that can be recognized. Ms. Phillips confirmed that the Board would decide and there would no longer be any application for flag raising. The Board confirmed that patriotic days will be kept in the policy and this does not apply to the light poles or the flag pole at Town Hall. Naming Town Buildings and Assets Ms. Rodrigues explained that the Board just did this policy last year. The Board wanted a procedure for naming buildings. In response to a question from Ms. Bates, Ms. Rodrigues indicated that the Senior Center will remain named the North Andover Senior Center and there will be no rooms named. There will be a donation wall. Public Comment at Select Board Meetings st There is some question as to whether you can actually limit the time for public comment. The 1 amendment auditors have been testing communities that do not have a policy in place. There is a new court case that stated you cannot dictate what people say but you can encourage comments to be civilized. The Board discussed whether public comment should be limited to only things on the agenda. Mr. Vaillancourt stated that public comment is at the discretion of the chair. Ms. Rodrigues stated that that discretion is what gets you in trouble. The Chair should not be allowing members of the public to speak outside of the public comment period. Attorney O’Connor stated that other towns allow for citizens to petition to have a certain agenda item for public comment. Ms. Rodrigues explained that this is problematic since the chair is not setting the agenda. Ms. Phillips indicated it is not a back and forth conversation and gets chaotic if people are making comments throughout the meeting. The policy will set the expectations. The policy will be linked to every agenda. In response to a question from Ms. Smedile, Ms. Rodrigues stated that this does not apply to public hearings. Those comments may be made when the item is up on the agenda. Mr. Roache would like to see public comment at the beginning and end of every meeting. New policies Election of officers- added vice chair Meeting agendas- Meetings are not always on Mondays so the policy should add “48 hours” prior to scheduled meeting. Voting on Town Meeting warrant articles- The Board will just be codifying what we do now. Boards and Committees- Codifying what the Board currently does when appointing members to committees. Board asked for a paragraph to be added to address midterm vacancies. Mr. Roache asked if the Board should have 2 subcommittees to interview reappointments. Ms. Rodrigues stated that the board needs to be strict on the nd date people need to respond by. Ms. Bates suggested an interview for reappointments happen at the end of the 2 term. Ms. Phillips indicated that there are a lot of people in town that are interested in participating and want to give others an opportunity to serve. Ms. Smedile stated that the Board should interview when the term is up so they can ask what is happening on the committee. In response to a question from the Board, Ms. Rodrigues said term limits would need to be a bylaw change. 2 NORTH ANDOVER SELECT BOARD MINUTES August 07, 2023 Ms. Phillips allowed members of the public to comment. Michael Linnehan of 58 Osgood Street asked has any consideration been given to review work of a member before not reappointing. Kathleen Syska ask if a person is on a committee for a long time and then is not reappointed, does the Board have to give a reason why. Ms. Casey indicated that would not be recommended as it could cross the line as to what can be discussed in open session. There is no ownership right to an appointment. Ms. Rodrigues stated that all subcommittee minutes should be posted on the website. Liaisons- outlines procedures and expectations for liaison assignments Proclamations/resolutions- Ms. Rodrigues stated that it is a good idea to have guidelines for proclamations/resolutions by the Board. Mr. Roache asked if the Board should address when it can be seen as an endorsement. Code of Conduct- Massachusetts Municipal Association sent out a template for this. It is making sure you are complying with the law. Ms. Phillips asked to add something about Open Meeting Law training. Ms. Rodrigues explained that members have an obligation to inform themselves about town policies. Mr. Vaillancourt asked to add a new section stating there will be no tolerance for abuse of town employees. Mr. Roache asked if a member can be removed for not complying. Attorney O’Connor responded that it would need to be an egregious violation and discussions would have to be in Executive Session. Mr. Roache asked if there is a way to address when a member is not doing their job (i.e., violating open meeting law, not attending meetings). Ms. Rodrigues stated that we do put committee members on notice if we find out they are not complying with the law. Committees need to make sure they are not violating an applicant’s due process rights by not allowing proponent to speak and making up their minds before the meeting. Lake use policy- Ms. Rodrigues indicated that Fire Chief John Weir and DPW Director Jim Stanford are concerned about public safety aspects of changing the lake use policy to no gas. She will invite them to attend a meeting to explain their position. ADJOURNMENT Rosemary Smedile made a motion, seconded by Brian Roache to adjourn the Select Board meeting at 6:48PM. Motion approved 5-0. Respectfully submitted, ______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Letter from Lottery Commission Licensing applications Policy drafts 3