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HomeMy WebLinkAbout2024-01-08 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES JANUARY 8, 2024 Call To Order: Chair Laura Bates called the open meeting to order at 7:00PM in the Select Board Room at Town Hall. Select Board in Attendance: Chair Laura Bates, Janice Phillips, Clerk Richard Vaillancourt, Rosemary Connelly Smedile and Brian Roache were present. Non-Board Members in Attendance: Town Manager Melissa Rodrigues, Deputy Town Manager Denise Casey and Assistant Town Manager Laurie Burzlaff were present. Public Comment None (out of order) CONSENT ITEMS A. Accept grant from Executive Office of Public Safety and Security to the Police Department in the amount of $36,475.94 B. Accept donation from Lowell Five in the amount of $3,000 for the Senior Center C. Accept grant from Massachusetts Interlocal Insurance Association (MIIA) Risk Management in the amount of $10,000 for updating the security system at the Youth Center D. Accept donation from the Board of Library Trustees in the amount of $50,000 to the Stevens Memorial Library for renovations to the public bathrooms MOTION: Mr. Vaillancourt motioned to accept all consent items. Ms. Smedile seconded. Motion approved 5-0. Vote on Town Clerk fees for 2024 Ms. Rodrigues stated there are no recommended changes to the current fees for this year. Mr. Roache asked if it compares favorably with other towns. Ms. Rodrigues stated yes, an analysis is run and also checked with ABCC. MOTION: Ms. Smedile motioned to approve the Town Clerk fees for 2024 as presented. Mr. Vaillancourt seconded. Motion approved 5-0. Request from Phyllis Jones of the Commission on Ability Assistance for the Select Board to support pending legislation Phyllis Jones was present at the meeting to request support from the Select Board with 12 bills that are pending legislation. Ms. Rodrigues suggested to invite our legislators to the February meeting to find out more information. Mr. Vaillancourt asked Ms. Jones how she came up with the list. Ms. Jones stated she combed through what she was able to find and what was pertinent. Vote to adopt FY25-FY29 Capital Improvement Plan Ms. Rodrigues mentioned there will be two amendments eventually made, one for IT and one for the fire alarm at the High School. MOTION: Mr. Vaillancourt motioned to adopt the FY25-FY29 Capital Improvement Plan as presented. Ms. Phillips seconded. Motion approved 5-0. Request of Tina Klein of Black History Month Planning Committee to place banners on the poles at the Town Common Tina Klein was present at the meeting to request placing banners on the poles in the Common. Ms. Klein stated the theme this year will be African Americans and the Arts. Ms. Smedile asked about the first black senator of Massachusetts, Senator Brook. Ms. Klein stated she would look into the Senator for a future banner. Ms. Klein mentioned to possibly have the schools involved as well. Mr. Roache asked if the upcoming programming currently being worked on can be collaborated 1 NORTH ANDOVER SELECT BOARD MINUTES JANUARY 8, 2024 with the schools for age appropriate events. Ms. Klein stated the final event, which is a visual event, to be held at the Library would be family oriented. MOTION: Ms. Phillips motioned to approve the application from Tina Klein to install banners at the Town Common from February 1, 2024- February 29, 2024 for Black History Month. Mr. Roache seconded. Motion approved 5-0. Discussion and possible vote on Select Board policy manual changes Ms. Rodrigues is recommending 2 changes to the Policy Manual. Revisions to Article II, Section A by deleting the entire policy and adding new language and adding a new section J entitled Banners. Ms. Bates asked if other avenues are protected like the Town Common. Ms. Rodrigues stated they are working on being able to bring forward, with protection, any requests the Town feels fairly represents its views. Ms. Smedile mentioned the conditions of Patriots Park being a passive quiet enjoyment location. Ms. Smedile mentioned the issue with allowing some groups to request and not allowing others groups which can cause a conflict. Ms. Rodrigues stated the plan is to be reviewed yearly so that the policies are continually revisited. Amend the Select Board Policy Manual by adding: Article II Section J Banners Street Banners are currently governed by North Andover Zoning Bylaw Chapter 195 Section 195-6.4, which states that “No street banners or signs shall be permitted unless authorized by the Select Board.” It is the policy of the Town of North Andover that its banner hanging poles located on public ways or on public property are not intended to serve as a forum for free expression by the public, but rather as expressions of official town sentiments. Pursuant to a resolution of the Select Board, banners displayed in conjunction with official Town events or ceremonies may be allowed at the discretion of the Select Board. The Town shall acquire ownership of all banners that it hangs on poles on public ways or on public property. Amend the Select Board Policy Manual by removing Article II Section A. Use of Town Common in its entirety and replacing it with new Section A. Use of the Town Common Policy The Common is a public park owned by the Town of North Andover which is enjoyed on a daily basis by residents and their guests for passive recreation activities. Passive recreation shall include such things as picnics, walking, running and games. It is the policy of the Town of North Andover that its historic town common is not intended to be used as a forum for free expression by the public, but rather as expressions of official town sentiments and in conjunction with Town events. This policy shall not apply to informal, non-repetitive gatherings of under twenty people whose activities are limited to passive recreation. Official town events and town sponsored events shall be allowed to be held at the common. The Select Board shall annually review a calendar of events, and may add official town sponsored events at their discretion. Each January, the Town Manager shall survey committees, commissions and departments to create a calendar for the year. Town sponsored events shall include events sponsored or co-sponsored by North Andover committees, commissions and departments. MOTION: Ms. Phillips motioned to approve the amendments to the policy manual as presented. Mr. Roache seconded. Motion approved 5-0. 2 NORTH ANDOVER SELECT BOARD MINUTES JANUARY 8, 2024 Appointments 1. Brenten Andersen - Patriotic Observance Committee 2. Linda Earle - Sustainability Committee 3. Judy Nigrelli - Festival Committee 4. Christina Harakal - Cultural Council 5. Cari Fabale- Old Center Historic District Commission (alternate) 6. Melanie Allen- Festival Committee 7. Marissa Valentino- Conservation Commission MOTION: Mr. Roache motioned to appoint Brenten Anderson to the Patriotic Observance Committee through June 30, 2024, Linda Earle to the Sustainability Committee through June 30, 2026, Judy Nigrelli to the Festival Committee through June 30, 2024, Christina Harakal to the Cultural Council through June 30, 2025, Cari Fabale as an alternate on the Old Center Historic District Commission through June 30, 2025, Melanie Allen to the Festival Committee through June 30, 2024 and Marissa Valentino to the Conservation Commission through June 30, 2024. Mr. Vaillancourt seconded. Motion approved 5-0. LICENSING MOTION: Mr. Vaillancourt motioned to open a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. Request from Bertucci’s for extension of liquor license application Tyler Henseler, attorney from Upton Connell and Devlin, Joe Enos and Melissa Surber, from Bertucci's, were present at the meeting. Attorney Henseler stated paperwork was filed incorrectly in Massachusetts, so they are waiting for correction to be made to receive the Certificate of Good Standing. Attorney Henseler stated there is a plan of reorganization in place. Ms. Phillips asked where they are with the process. Attorney Henseler stated the accountant is working on it and would like beyond 30 days due to DOR back up. Mr. Vaillancourt suggested the February Select Board meeting to have an update. Mr. Vaillancourt asked Attorney Henseler what the is relevance of bankruptcy has to do with the license. Attorney Henseler stated since Bertucci's has filed bankruptcy assets are protected including their current liquor license. MOTION: Mr. Vaillancourt motioned to extend the deadline for obtaining the Certificate of Good Standing for Bertucci’s liquor license application until 4:00PM on February 8, 2024. Mr. Vaillancourt amended motion to include a representative from Bertucci’s to come to the Select Board meeting on February 7, 2024 with an update. Ms. Phillips seconded. Motion approved 5-0. MOTION: Ms. Smedile motioned to close a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 5-0. Approval of Open Session Minutes of December 11, 2023 & December 13, 2023 MOTION: Mr. Vaillancourt motioned to approve the Open Session minutes of December 11, 2023 and December 13, 2023. Ms. Phillips seconded. Motion approved 5-0. SELECT BOARD UPDATES - Ms. Phillips thanked DPW, Police and Fire for all of their help with the recent storms - Ms. Smedile mentioned to Seniors to call for any assistance that is needed - Ms. Bates mentioned the use of Report It rather than posting to Facebook - Ms. Bates congratulated Employee of the Year John Borgesi TOWN MANAGER UPDATES 3 NORTH ANDOVER SELECT BOARD MINUTES JANUARY 8, 2024 - Thanked DPW and Dispatch for all of their assistance - Recognized Officer Sewade and K-9 Neo for fining a missing child - CPC applications are due by 2/2/24 - Sign up for Smart 911 Town notifications - Fill out any abatement forms before 2/1/24 Mr. Roache asked about recycling. Ms. Rodrigues stated the company said it is now caught up. ADJOURNMENT MOTION: Mr. Roache made a MOTION, seconded by Ms. Smedile to adjourn the Select Board meeting at 8:24PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard M. Vaillancourt, Clerk of the Board Documents used at meeting: Presentation on 400 Great Pond Rd. Request from Ability Assistance FY25-FY29 Capital Improvement Plan Request from Tina Klein for Black History Month Select Board Policy Manual Changes Consent Items Appointments Applications Memorandum Licensing application Minutes 4