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HomeMy WebLinkAbout2023-11-13 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES NOVEMBER 13, 2023 Executive Session: Chair Bates stated the Board will enter Executive Session pursuant to Massachusetts General Law chapter 30A, Sec. 21(a)(3) to discuss strategy with regard to litigation at 6:30PM. MOTION: Mr. Vaillancourt motioned that the Select Board enter Executive to Pursuant to M.G.L. c. 30A § 21(a)(3 to discuss strategy with regard to litigation. Ms. Phillips seconded. Motion approved 5-0. Call To Order: Chair Laura Bates called the open meeting to order at 7:01PM in the Auditorium at North Andover High School. Select Board in Attendance: Chair Laura Bates, Janice Phillips, Brian Roache, Rosemary Smedile and Clerk Richard Vaillancourt were present. Non-Board Members in Attendance: Town Manager Melissa Rodrigues, Deputy Town Manager Denise Casey and Assistant Town Manager Laurie Burzlaff were present. Ms. Bates read the following statement: After several months of careful review, on Monday, October 16th, the Select Board voted to update all of their policies, including the flag policy, in order to make those policies consistent with applicable case law. The application for flying of the Palestinian flag was submitted to the Town six hours prior to its vote on the updated policies. After consultation with counsel, based upon the timing of events and the fact that the new policy was not in effect at the time the application was received, the determination regarding this application will be made under the prior policy as required by law. The prior flag policy specifically allowed a Town resident to submit an application to fly a flag on the Town’s flagpole, resulting in that flagpole being considered a public forum. The recent US Supreme Court decision addressing flag policies in the context of the First Amendment, Shurtleff v. Boston, requires select boards to make content-neutral decisions regarding the raising of flags on flagpoles deemed public forums, unless the Town enacts a policy restricting flag poles to governmental speech. The content or the subject matter of a flag cannot be considered when reviewing an application presented under the old policy. According to the decision in the Shurtleff case, the Town cannot prohibit a flag to be flown based on its content, its meaning or its message. This limitation on the Select Board’s discretion indicates that denial of a resident's flag application under the old policy places the Town in jeopardy of legal action. Since the flag policy was passed, the Town has approved applications for the Pride Flag, the Armenian Flag, the flag of Ireland, the North Andover Special Education Parents Advisory Council flag, and just last month, the Israel flag. The new policy limits the use of the flagpole to statements of governmental speech only, consistent with the Shurtleff decision. The new policy does not allow a resident to submit an application to raise a flag. Based upon the timing of the circumstances as previously described, this policy does not apply to the flag application currently in discussion. However, this is the last flag application to be considered under the prior policy. Tonight, the Select Board will hear public comment. Public comment is limited to three minutes per person and will be strictly enforced using this timer. Per the Town’s policies, the public comment period is typically 15 minutes. In order to allow comments on this matter, we will extend that time period to one hour. Public Comment is not a discussion, debate, or dialogue between or among citizens and the Select Board. Rather, it is intended to offer citizens an opportunity to express their opinion on issues of Select Board business. The Select Board is unable to debate with citizens or to give answers to citizen comments and questions during the public comment period. The Select Board has received and read all of the comments that have been submitted via email. Out of 1 NORTH ANDOVER SELECT BOARD MINUTES NOVEMBER 13, 2023 respect for our residents, the Board will be asking nonresidents to allow for comments from Town of North Andover residents, North Andover clergy and North Andover business owners first. Order will be maintained during the public comment period in accordance with the Open Meeting Law. We have an expectation that we will treat each other with respect. Disagreement is a normal and healthy part of democracy, but how we disagree is important. Your cooperation is appreciated. Public Comment - Resident at 4 High Street stated that they are in favor of raising the Palestine flag - Resident at 488 Pleasant Street stated that they are not in favor of raising the Palestine flag - Resident at Cleveland Street stated that they are in favor of raising the Palestine flag - Rabbi of Congregation of Ahavat Olam stated that they are not in favor of raising the Palestine flag - Resident at 33 Leeann Drive stated that they are in favor of raising the Palestine flag - Representative of Merrimack Valley Jewish Federation stated that they are not in favor of raising the Palestine flag - Resident at 11 Rosedale Ave stated that they are in favor of raising the Palestine flag - Resident address not given stated that they are not in favor of raising the Palestine flag - Resident at 28 Stagecoach Road stated that they are in favor of raising the Palestine flag - Resident at 810 Salem Street stated that they are not in favor of raising the Palestine flag - Resident at 33 Leeann Drive stated that they are in favor of raising the Palestine flag - Resident at 19 Candlestick Road stated that they are not in favor of raising the Palestine flag - Resident at 30 Leeann Drive stated that they are in favor of raising the Palestine flag - Resident at 160 Carlton Lane stated that they are not in favor of raising the Palestine flag - Resident at 33 Leeann Drive stated that they are in favor of raising the Palestine flag - Resident at address not given stated that they are not in favor of raising the Palestine flag - Resident at 20 Empire Drive stated that they are in favor of raising the Palestine flag - Resident at 3 Ironwood Road stated that they are not in favor of raising the Palestine flag - Resident at 64 Empire Drive stated that they are in favor of raising the Palestine flag - Resident at 234 Blue Ridge Drive stated that they are not in favor of raising the Palestine flag - Resident at 11 Rosedale Ave stated that they are in favor of raising the Palestine flag - Resident at 35 Old Farm Road stated that they are not in favor of raising the Palestine flag MOTION: Mr. Roache made a motion to allow the petition of Selma Khayal to raise the flag of Palestine from November 14th to December 7, 2023 as submitted under the policy in place at the time of her application. The allowance of this petition shall in no way express the sentiment or position of the Town of North Andover or its agents. Mr. Vaillancourt seconded. Motion approved 5-0. ADJOURNMENT MOTION: Mr. Roache made a motion, seconded by Ms. Smedile to adjourn the Select Board meeting at 8:03PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard Vaillancourt, Clerk of the Board Documents used at meeting: Public comments 2