MINUTES OF THE
BOARD OF SELECTMEN MEETING
MONDAY - JUNE 28,
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 7:05 PM.
Chairman Carroll then approached the podium and presented a
commendation to Sgt. Kevin Sullivan and Officers Calderwood and Hunter for
their action on June 13th in saving the lives of a woman and 2
children who were adrift on 2 rafts in the ocean.
II. Acceptance of Minutes
Minutes of June 14, 2004 - Regular Session
Motion by Sel. Hunt, Seconded by Sel. Richenburg;
Unanimously voted to approve the Minutes of June 14th as printed.
III. Old Business
General License - Raymond Woodbury - 152 Beach Rd.
This item was withdrawn by Mr. Woodbury.
Vote to Approve and Sign the MIIA Health Benefits Trust Agreement (Employees Health Benefits)
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve and sign the MIIA Health Benefits Trust Agreement.
Water & Sewer Access Fees
Sel. Carroll said that the Selectmen, Town Manager, Don Levesque, and Weston & Sampson as well as legal counsel have been working on these regulations and fees to a point where they are ready to vote. A public hearing was held last Wednesday which was attended by about 30 individuals, at which time their thoughts and comments were heard. There were questions brought forward at that time that could not be answered and Town Counsel was requested to render an opinion which were received and Sel. Carroll read them and a copy is attached and made part of these Minutes.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted that the Sewer Commissions of the Town of Salisbury to enact and sign the Regulations regarding access fee for connection to the public sewer. VOTE: 4 yea’s - Sel. Papoulias - opposed. Motion Carried.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 28, 2004
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted that the Water Commissioners of the Town of Salisbury adopt and sign the amendments of the Salisbury Water Department Rules & Regulations as presented in the amended regulations regarding water main extensions and access fees. VOTE: 4 yea’s - Sel. Papoulias opposed - motion carried.
A notice will be published in the Newspaper at which time the above will take effect.
Motion by Sel. Klima, Seconded by Sel. Richenburg; Unanimously voted to present an article at the Fall Town Meeting to repeal the sewer connection by-law Article 13 voted at the April 9, 1990 Town Meeting.
IV. New
Business
License Renewals:
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to renew the following licenses: Common Victualer for Cedar’s Grill - 203 Lafayette Rd., a General for: Rusnik Campground - 115 Lafayette Rd., Entertainment to: Rusnik Campground - 115 Lafayette Rd., and Ten’s Show Club - 11 N.E. Blvd, Parking Lot to E-Z Parking Lot - 35 N.E. Blvd., and Sunday licenses to: Ten’s Club - 11 N.E. Blvd., Rusnik Campground - 115 Lafayette Rd., and Dolphin Grill - 28 OceanFront So.
b. New Licenses:
Motion by Sel. Richenburg, Seconded by Sel. Klima; Voted to approve a Sunday license, Entertainment license, Common Victualer and Automatic Amusement licenses to: Kitten’s - 99 Bridge Rd. (Formerly Lion’s Den) subject to the condition that they operate under the name of Kitten’s. VOTE: 4 yea’s - Sel. Hunt abstained. Motion carried.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve the following licenses: General to Ditto Pines Construction - 13 Collins St., Common Victualer to Haley’s Diner - 6 Elm St. (New ownership), Rusnik Campground - 115 Lafayette Rd., and Northeast Ice Cream (formerly A.G. Ice Cream) vending truck.
c. Committee Appointments
Council on Aging - 7 vacancies: 3 for 3 yrs; 3 for 2 yrs., and 1 for 1 yr. - 5 applicants
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to place the following applicants names in nomination for the 3 year appointments: Alfia Spampinato, Diedre Wall, Carol Holland, Gene Talford, and Hal Ryder.
Roll vote to fill the 3 year appointments:
1st appointment: Sel. Papoulias - Carol Holland; Sel. Hunt - Carol Holland; Sel. Richenburg - Carol Holland; Sel. Klima - Carol Holland; Sel. Carroll - Carol Holland. Carol Holland unanimously appointed for a 3 year term.
2nd appointment: Sel. Papoulias - Diedre Wall; Sel. Hunt - Diedre Wall; Sel. Richenburg - Diedre Wall; Sel. Klima - Diedre Wall; Sel. Carroll - Diedre Wall. Diedre Wall unanimously voted for a 3 year term.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 28, 2004
3rd appointment: Sel. Papoulias - Alfia Spampinato; Sel. Hunt - Alfia Spampinato; Sel. Richenburg - Alfia Spampinato; Sel. Klima - Alfia Spampinato; Sel. Carroll - Alfia Spampinato. Alfia Spampinato unanimously appointed to a three year term.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to appoint the two remaining applicants: Gene Talford and Hal Ryder to the 2 year appointments and to post the remaining vacancies.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to add Larry O’Brien’s name to the vacancies for the Harbor Commission as he had submitted his letter to the Selectmen and not to the secretary.
Harbor Commission - 2 vacancies to 3 years - 5 applicants
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to place the following names in nomination: Reggie Santos, James Crooks, Hal Ryder, John Nash, and Larry O’Brien.
Roll vote: 1st appt.: Sel. Papoulias - Larry O’Brien; Sel. Hunt - Larry O’Brien; Sel. Richenburg - Larry O’Brien; Sel. Klima - Larry O’Brien; Sel. Carroll - Larry O’Brien. Larry O’Brien unanimously appointed to serve for 3 years.
2nd appt.: Sel. Papoulias - James Crooks; Sel. Hunt - Reggie Santos; Sel. Richenburg - Reggie Santos; Sel. Klima - Reggie Santos; Sel. Carroll - Reggie Santos. By a vote of 4 - 1 Reggie Santos was appointed to serve for 3 years.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to post the vacant alternate position on the Harbor Commission.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to post the Harbor Commission vacancy resulting from the removal of an appointee pursuant to Article 7, Section 7-11 of the Salisbury Town Charter.
Historical Commission - 2 vacancies for 3 years - no applicants.
Housing Authority - 1 vacancy for 3 years - 4 applicants.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to amend the term from 3 to 5 years.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to place the following names in nomination: Fred Knowles, Robert Bailey, Hal Ryder, and Christine Gallison.
Roll Vote: Richenburg - Fred Knowles; Sel. Klima - Fred Knowles; Sel. Papoulias - Fred Knowles; Sel. Hunt - Fred Knowles; Sel. Carroll - Fred Knowles. Fred Knowles unanimously appointed for a 5 year term.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 28, 2004
Library Trustees - 3 vacancies for 3 years - 3 applicants.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to re-appoint Karen MacInnis, Donna Stucker and Martha Tilton to the three 3-year terms.
License Commission - 2 vacancies for 3 years - 1 applicants
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to re-appoint Chuck Colburn and Sandee Munroe both for 3 year terms.
Planning Board - 2 vacancies for 3 years - 4 applicants
Motion by Sel. Hunt, Seconded by Sel. Klima; Unanimously voted to place the following names in nomination for the 2 vacancies: Donna Pedrone, Oliver Wise, Larry Cuddire, and Donald Egan. Roll vote: Sel. Papoulias - Donna Pedrone; Sel. Hunt - Donna Pedrone; Sel. Carroll - Larry Cuddire; Sel. Richenburg - Larry Cuddire; Sel. Klima - Larry Cuddire. By a vote of 3 - 2 Larry Cuddire was appointed to serve for a 3 year term.
Motion by Sel. Hunt - Oliver Wise; Sel. Klima - Donald Egan; Sel. Richenburg - Donald Egan; Sel. Carroll - Donald Egan; Sel. Papoulias - Oliver Wise. By a vote of 3 - 2 Donald Egan was appointed to serve for a 3 year term.
Motion by Sel. Klima, Seconded by Sel. Hunt; Unanimously voted to post the following remaining vacancies.
Rent Control Board - 2 vacancies: 1 for 2 yrs. And 1 for 3 yrs.
Board of Registrars - 1 vacancy for 3 years
Pike School Trustees - 2 vacancies for 3 years
Sewer Advisory Board - 3 vacancies: 2 for 3 yrs. And 1 for 2 years
Water Advisory Board - 2 vacancies for 3 years
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to accept the resignation of Elaine Kane from the Council on Aging.
d. Ed Hill - re: Chapter 40B Application
Atty. McCarron, speaking for Mr. Hill stated they had come before the Board some months ago with an application for a development on Forest Rd. And have now applied to Mass. Housing for a modification of their proposed plan for 68 single family homes and not the 140 as originally planned. Each home will be separate and detached but they will be using a condominium plan for the project to utilize that form of ownership. They were appearing tonight to address any concerns or questions regarding the changes. Sel. Klima said he hasn’t really had a chance to review it and would like to do so and address it at a future meeting. He just needs a little time to catch up and review this proposal; another issue cited is that this will be the fourth 40B Project in Town and the Town needs to find out if there is any exemption; he suggested that the Town write a letter to the State that the
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 28, 2004
Board is planning on commenting in the near future. It should also be stressed to the State that Salisbury is struggling to keep up with the water and sewer capacity and will be discussing a potential moratorium on water and sewer connections at the upcoming workshop scheduled for June 30th. Mr. Harrington said when Mr. Hill first proposed his 140 unit project it was sent in to Mass. Housing and the town did send in a lengthy letter to the State at that time; he now has come back with a new proposal and in fairness the Board should send another letter since this is a whole new proposal from 140 to 68 units.
Motion by Sel. Klima, Seconded by Sel. Richenburg; to table the issue for tonight and to send a letter to the State indicating that the Selectmen will review the proposal and will be sending their comments in to Mass. Housing.
Motion by Sel. Klima, Seconded by Sel. Richenburg; Unanimously voted to amend the Motion and to send a letter to the State indicating that the Board will be sending comments in to Mass. Housing.
Vote on the 1st motion: Unanimous as amended.
e. Clam Advisory Board Status Report
David Dow, Chairman reported that they are working with the Fish & Game Division of fishery and wildlife; it is a complicated and slow process, but they feel they are doing the right thing and moving in the right direction. They will have to send 1 or 2 people from the committee to school in order to appoint them as shellfish wardens. State people have attended all their meetings and have made some very good suggestions and advice and the Advisory Board expects to be able to make a recommendation to the Selectmen around Labor Day. Sel. Hunt said he has attended several of their meetings and that there is a good group of volunteers serving on this committee.
f. Amesbury Jets - Request for Tag Days
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the request for tag days to be held on August 20th and 21st on the condition that they see the Police Chief to get the procedures and that they understand that there is to be no collecting done in the street.
g. Walk’n Mass. Volkssport Club - re: 5K and 10K
Walks in Newburyport and Salisbury
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the walk as outlined in their request on the condition that they contact the Police Chief for him to review the route and discuss the procedures.
h. ACO Update on the Mudnock Road Dog Complaint
Mr. Congdon said he has been patrolling Mudnock Rd. Daily and hasn’t seen the dogs in questions out and he has not heard of any further problems. He then stated there are about 500 people who have not licensed their dogs; they are overdue and he will be enforcing the law and fining the people.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 28, 2004
I. Gorman Mgmt. Trust - LIP Application - 227
Beach Rd. Condominium Project
Atty. Joseph Sullivan, representing Frank Gorman gave a brief background of the LIP Application; in Jan. 2003 Mr. Gorman appeared before the ZBA who granted a special permit and variance to develop a project on 585 N.E. Blvd. And as a condition of that permit it was agreed that he would set aside two units elsewhere in Salisbury which he agreed set aside a duplex he was in the process of building on Beach Rd. As part of the process it is a requirement to have the CEO of Salisbury to sign the document.
Motion by Sel. Richenburg,
Seconded by Sel. Hunt; Unanimously voted to authorize the Chairman to sign the
227 Beach Road Condominium Local Initiative Units (LIP) application to indicate
the Town’s support for the creation of 2 units of affordable housing located at
227 Beach Rd. In` Salisbury.
j. Ratification of Collective Bargaining and Finance Director Contracts
Manager handed out a list of the various collective bargaining contracts and a contract for the Finance Director. He stated he’s been working for the last several months to finalize the agreements with the employees and the Town and all have agreed to each and every agreement, and tonight he’s looking for a vote of the Board in public session as all contracts have been previously discussed in Executive Session.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Contract between the Town of Salisbury and IBPO Local 450 (Police), effective July 1, 2002 through June 30, 2005.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Memorandum of Agreement between the Town of Salisbury and IBPO Local 450 (Police) for wages only, effective July 1, 2002 through June 30, 2005.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Agreement between the Town of Salisbury and Local 939, Council 93, AFSCME (DPW), effective July 1, 2002 through June 30, 2004.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Voted to ratify the Contract between the Town of Salisbury and Local 939, Council 93, AFSCME (Public Safety Dispatchers), effective July 1, 2003 through June 30, 2004. VOTE 4 yea’s - Sel. Carroll abstained.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Voted to ratify the Memorandum of Agreement between the Town of Salisbury and Local 939, Council 93, AFSCME (Public Safety Dispatchers), effective July 1, 2004 through June 30, 2007. VOTE: 4 yea’s - Sel. Carroll abstained.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Memorandum of Agreement between the Town of Salisbury and the Salisbury Firefighters Independent Union,
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JUNE 28, 2004
effective July 1, 2002 through June 30, 2002.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Agreement between the Town of Salisbury and Teamsters Local #170 (Dept. Heads), effective July 1, 2002 through June 30, 2004.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Agreement between the Town of Salisbury and Teamsters Local #170 (Professional, Administrative, Technical Staff), effective July 1, 2002 through June 30, 2004.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to ratify the Agreement between the Town of Salisbury and Finance Director/Town Accountant, effective June 21, 2004 through June 20, 2007.
k. Town Manager Evaluation
Sel. Carroll said on behalf of the 2003-2004 Board of Selectmen it gave him great pleasure to present the evaluations of the Manager’s performance from May 2003 through April 2004. He then gave an overview of the evaluation of which a copy is attached and made a part of these Minutes. Mr. Harrington then handed out a copy of his reaction to the evaluation which he did not find himself at odds with any of the comments.
Sel. Hunt stated it was his obligation as Chairman for the past year to present a written evaluation of the Manager’s performance, which he then presented and a copy is also attached to these Minutes.
Sel. Richenburg said he felt it was great wisdom on the part of the Selectmen when they chose Neil Harrington as Town Manager; he has restored confidence in the Town.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to direct the Finance Director to transfer from available FY2004 funds the sum of $3,000 to the Town Manager salary account for the purpose of awarding a one time bonus to the Town Manager.
Sel. Klima echoed the Board’s comments in that the Manager does work hard and very effectively. Though not a Selectmen for the past year, he himself has worked with Mr. Harrington on other matters and he found him a great pleasure to work with.
V. Comments by Visitors
Gil Bonk announced that the annual Firemen’s Muster is scheduled for August 8th starting with the parade at 10AM which will form at Oceanfront.
Mr. Bourne of No. End Blvd. Presented a motion to challenge a decision made by the ZBA where they approved a variance allowing the applicant to change from one non-conforming use to a different non-conforming use and asked the Board to request the ZBA to re-evaluate the variance. Manager stated that this matter is currently under appeal in the courts and is not in the purview of the Board and this is not an appropriate matter to come before the Board tonight.
VI. Sewer/Water
VII. Correspondence
· Notice of the 2004 Statewide Historic Preservation Conference being held on Sept. 10th in Salem Mass.
· Invitation to the Board to a Tri-Town Selectmen’s Meeting to discuss Regional school funding on Wednesday, July 14th at 7PM at the Rowley Town Hall.
· Memo from Dept. Of Telecommunications and Energy re: 2004 Energy Efficiency Plan.
· Memo from the ACLU re: a Public Advisory and PATRIOT Act.
· Memo re: Mass. Water Policy.
VIII. Hearings - none scheduled
IX. Town Manager’s Report
Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes. He also announced the permanent appointment of Christine Devine Caron as Treasurer/Collector, and said he will be advertising for the filling of the Assistant Town Accountant position which was created at Town Meeting, and announced the Town Hall will be open 5 days a week, starting July 1st and the hours will be: Monday 8:30 AM - 6:00 PM; Tuesday - Wednesday and Thursday 8:30 AM - 4:00 PM and Friday 8:30 AM - 1:00 PM.
X. Selectmen’s Report
Sel. Richenburg asked for an update on the outstanding/delinquent entertainment license holders and the Manager said Marie Blais has been sending letters out and some with no response; he indicated that the Selectmen will have to establish some sort of enforcement and that Sel. Carroll is going to be meeting with Marie and will report back to the Board as to how these will be addressed.
Sel. Carroll commended Sel. Klima for the work he did in preparing the water and sewer regulations that the Board had voted favorably for. He further mentioned an article in last Saturday’s Daily News written by Carolyn Sargent and the History of the Town.
Sel. Carroll received a call from Mr. Bazinger trying to arrange a meeting with the 3 towns to settle the dispute between Newbury on one side and Salisbury and Rowley on the other. Sel. Richenburg said he doesn’t feel the Board should meet with the other towns until all questions are answered; he thinks the Board would be remiss to meet until all items are off the table and Newbury has paid their bill.
Sel. Carroll said there are still many committee openings and invited people to visit Town Hall and to watch channel 18 to view the postings.
XI. Executive Session
Motion by Sel. Richenburg, Seconded by Sel. Klima; Voted to enter Executive Session at 9:15 PM to discuss pending litigation 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. Papoulias - no; Sel. Klima - yes; Sel. Carroll - yes; Sel. Richenburg - yes; Sel. Hunt - yes. Motion carried.
XII. Adjournment
Meeting adjourned after Executive Session at 10:35 PM.
Respectfully submitted,
Janet Flannery, Secretary
Approved:______________________________
Ed Hunt, Clerk