MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - JUNE 14, 2004 - 7:00 PM

 

WILLIAM HILTON CENTER

 

PRESENT:     Selectmen Robert Carroll Chairman, Ed Hunt, Anthony Papoulias, Henry Richenburg, Jerry Klima

 

ALSO PRESENT:  Neil Harrington, Town Manager and Janet Flannery, Secretary

 

I.          Call to Order/Salute to the Flag

Chairman Carroll called the meeting to order at 7:04 PM.

 

II.        Acceptance of Minutes

Minutes of April 12, 2004 (Regular Session) and May 24, 2004 (Regular Session)

Motion by Sel. Hunt, Seconded by Sel. Richenburg; Voted to approve the Minutes of April 12, 2004 as printed.  VOTE: 4 yea’s; Sel. Klima abstained.

Motion by Sel. Klima, Seconded by Sel. Hunt; Unanimously voted to accept the Minutes of May 24 with the following changes: page 1 - Re-organization of Board 3rd line: delete sentence re: no majority vote and under Acceptance of Minutes add “Minutes of May 10, 2004" to the vote.

 

III.       Old Business

Crystal Motors re: Class II License

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to remove from the Table.

Kyle Hagan returned tonight as agreed at the last meeting and stated he would like to continue conducting business by appointment only at his present location while the construction is going on.  He is looking for space and hopes to have a new location in 90 - 120 days.  He presently has an office and phone number at his present location.  Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to allow him to continue to operate at the present location with the present conditions and return to the Board on September 13, 2004 with an update.

 

Gorman Mgmt. Trust - LIP Application and 40B Comprehensive Permit

Motion by Sel. Richenburg, Seconded by Sel. Klima: Unanimously voted to Table.

 

IV.       New Business

License Renewals:

Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to renew a Common Victualer license for: Chubby’s Diner - 72 Main St., Tripoli Pizza - 15 Broadway, Chin-Chin’s - 13 Elm St., Baskin Robbins - 46 Toll Rd., Jilly-s Pizza - 8 Broadway, Boots & Saddles - 188 Lafayette Rd., Willey’s Candy Shop - 4 Broadway, Ozzie’s Fried Dough - 15 Broadway, Dunkin Donuts - 46 Toll Rd., and Submarine Station - 28 OceanFront.

 

 

MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 14, 2004

 

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a General license to: Supreme Tee-s - 26 So. Ocean Front & 35 Broadway (2 licenses), Henley Ent. D/b/a Valvoline Instant Oil Change - 191 Elm St.

 

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew an Entertainment  license to: Northeast Cinema - 201 Elm St. And Sam’s Toyland - 25 Broadway

 

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Sunday license to: Boston Waves - 4 Oceanfront No. & 6 Central Ave.

 

b.  New Licenses:

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve a General license to: P.V. Engineering - 88 Rabbit Rd., Salisbury Aquarium - 58 Main St. TH Glennon - 26 Fanaras Dr. and to the Merrimack River Feline Rescue Society - 63 Elm St. On the condition that they indicate to the ACO where the animals are being quarantined.

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to table action on an application from Raymond Woodbury - 152 Beach Rd. And request he attend the next meeting.

 

Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to approve a Common Victualer license to Sal’s Pizza - 18 Broadway

 

c.  Committee Appointments

Appointment of Town Official to serve on Search Committee for a new Superintendent for Triton Regional School District

Sel. Carroll asked if there were any volunteers and Sel. Richenburg did so.  Motion by Sel. Klima, Seconded by Sel. Hunt; Voted to appoint Sel. Richenburg to serve on the Superintendent Search Committee.  VOTE: 4 yea’s - Sel. Richenburg abstained.

 

d.  ACO to Address a Mudnock Road Dog Complaint

Mr. Congdon addressed the Board and reported that he had investigated the complaint on Mudnock Rd. In which 2 hunting dogs had killed a chicken.  He contacted the dogs owners and advised them that they would have to re-imburse the people for the chicken which they agreed to do.  He has called the neighbors re: the hunting dogs and all said that they are not vicious dogs and that they do not run loose as stated by Ms. Stolfzfus.  He has ordered the owners of the dogs to keep the dogs restrained, which they have been doing, and if he sees them out he can and will impose a fine and bring them to Court.  Ms. Stolfzfus submitted a log where she points out that the dogs are not confined to their yard and incidents where she has seen them chasing a jogger.  She requested that a Hearing be held.  However, based on the ACO’s report Sel. Carroll said he would like to leave this in the hands of the ACO for it is not a matter for the Board of Selectmen at this time.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to have the ACO visit the owners of the dogs and inform them exactly what the rules and regulations are and come back to the Board with an update at the next meeting.  He was requested to continue to keep observing and log all calls that may come in regarding to the issue.

 

e.  Discussion of Issues re: Class II Dealers under MGL 140 Sec. 58

Sel. Richenburg placed this on the agenda in regard to a letter the Town along with other municipalities received from the Deputy Registrar of the DMV as it pertains to car dealers posting a bond.  This is not being enforced in Salisbury and his concern is that if a municipality refuses to enforce this the Town becomes liable.  Therefore he asked the Manager to send a letter to all car dealers informing them of this requirement and to attach a copy of the letter informing them that they need to post a bond naming the Town as beneficiary and that they need to do it now.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to send a letter via Certified Mail - return receipt and give a 30-day period for the dealers to bring this up to date.

 

V.        Comments by Visitors

Ms. Hughes of Kendell Lane addressed the Board re: John Longo contacting the residents of Kendell Lane pertaining to their issues with him and the sewer connections.  She also accused the Manager of meeting privately with Mr. Longo and for contacting their attorney in an attempt to settle with the residents.  Sel. Carroll said there has been several discussions re: Kendell Lane in Executive Session and the Board cannot discuss it at this time, but it has always been the Board’s intention to involve the residents in any final decisions.  Sel. Klima said he has looked at some of the background and suggested that the Board take action and place this in Executive Session at the next meeting and move this forward.  Sel. Richenburg reiterated that the Board has been discussing this in Executive Session up to 9 - 12 times and the Board is trying to find out if there is a way to bring this to a positive conclusion.  Sel. Carroll agreed that this will be on the agenda for the next meeting and that the Board will press the issue until they get a resolution.

 

VI.       Sewer/Water

a.  Set Public Hearing Date on Water & Sewer Access Fees

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to have a Public Hearing on Wednesday, June 23, 2004 at 7:00 PM in the Wastewater Treatment Plant for the sewer and water access fees.

 

b.  Discussion of a Moratorium on Expanding present number of Sewer & Water Connections

Sel. Richenburg requested that a workshop be scheduled on this matter since all the information h as been gathered together.  Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to have a workshop on Wed. June 30, 2004 at 7:00 PM to discuss a moratorium and to have Town Counsel and Weston & Sampson present at a place to be determined.

 

VII.     Correspondence

·                      Chamber of Commerce invitation to their annual dinner to be held at Sylvan Street on June 22nd; Speaker of the House Thomas Finneran will be the guest speaker.

·                      Letter from the Housing Authority officially accepting the resignation of Gil Bonk and declaring his position vacant.

·                      Notice of Extension from the Dept. Of Telecommunications & Cable.

·                      Notice from the US Dept. Of Justice re: USA Patriot Act.

 

VIII.    Hearings

7:30 PM - Mass. Electric Underground Conduit Hearing

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to open the Hearing at 7:30 PM.

Mr. Argrea of Mass. Electric requested permission to install underground conduit to provide service to the new condo at 11 Railroad Ave.

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to close the Hearing at 7:40 PM.

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve the request as presented and outlined on the Plans provided.

 

IX.       Town Manager’s Report

Before presenting his written report, Mr. Harrington responded to some of the comments made by Ms. Hughes earlier in the meeting and stated that nothing has changed as far as the Town’s position in this issue; there are a number of issues, some very complex.  He said he did contact the Attorney, however the characterization stated by the Attorney was inaccurate.  He then summarized his written report, a copy of which is attached and made a part of these Minutes.

Item 3 of his report pertained to the Home Rule Petition re: the Police Chief’s position which required a vote of the Board for him to submit the bill to the Legislature which the Board did at this time.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to support Mr. Harrington in the vote to move ahead and submit the home rule bill to the legislature as authorized at the Town Meeting in May 2004.

 

X.        Selectmen’s Report

Sel. Hunt attended the Triton Girl’s Softball tournament game and thanked the team and the coach for their dedication and for doing such a good job.

 

Sel. Richenburg recently received a listing of outstanding entertainment licenses and asked that this be on the agenda for the next meeting.

 

Sel. Carroll reminded the public that dogs must be licenses and those who do not license their dogs will be fined.  He also reminded businesses operating without a license to come in and get their license.

 

Sel. Klima reminded people that as of June 30th there will be 28 positions coming up for re-appointment and the deadline for applying is June 23rd.  He urged people who would like to serve and have an interest or background in any of the openings to please apply.

 

Sel. Hunt asked if the Manager had any info re: the street lights and who is responsible and the Manager said it has been the practice for the Police Dept. In their rounds, to report any lights that are out.  He said he has told the DPW Director and the Police Chief that he would like to know as soon as a light is out and in need of replacement.

 

Sel. Carroll reminded the public of the upcoming Town Meeting next Monday, June 21st and it is very important to get a quorum and encouraged everyone to come out for it.

 

The Selectmen will have a Special Meeting before the Town Meeting at 6:00 PM at the School.

 

XI.       Executive Session

Motion by Sel. Richenburg, Seconded by Sel. Klima; Voted to move into Executive Session at 8:50 PM to discuss Purchase or Lease of Real Property, Contract Negotiations with non-union personnel and the Status of collective bargaining negotiations, and to adjourn without returning to Regular Session.  Those present to be: the full Board of Selectmen, Town Manager Neil Harrington and Secretary Janet Flannery.  Roll vote: Sel. Richenburg - yes, Sel. Papoulias - no; Sel. Carroll - yes; Sel. Klima - yes; Sel. Hunt - yes.  Motion carried.

 

XII.     Adjournment

Meeting adjourned at 10:42 after Executive Session.

 

Respectfully submitted,

Janet Flannery, Secretary

 

Approved:______________________________

     Ed Hunt, Clerk