MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - AUGUST 9, 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 7:02 PM.

 

II.        Acceptance of Minutes

Executive Session Minutes of June 28, 2004

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to approve the Executive Session Minutes of June 28, 2004 as printed. VOTE: 4 yea’s - Sel. Papoulias abstained.

 

III.       Old Business

Delinquent Licenses

Sel. Carroll placed this on the agenda to follow up on a previous action taken on July 28th to the delinquent license holders informing them that if they did not renew their licenses the building inspection would be enforcing this and possibly closing them down.  Out of the 16 businesses notified, there are still 4 outstanding.  Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to have the Building Inspector talk to these 4 owners and let them know they have 7 days to comply and if after the 7 days they have not done so he’s to use his discretion to either placing a “cease and desist” on them or close them down.

 

IV.       New Business

License Renewals - none.

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b.  New Licenses - none.

 

c.  Committee Appointments

Salisbury Regional Agreement Committee - Motion by Sel. Hunt, Seconded by Sel. Klima; Unanimously voted to place the following names for nomination: James Poulin, Susan Fish, Alana Gilbert, Michael Gilbert, Debra Choate, Jim Dondero and Henry Richenburg.

After a brief discussion it was voted to appoint all the above.  VOTE: 4 yea’s - Sel. Richenburg abstained.  Motion carried.

 

d. Chief Simmons re: LLEBG Grant

Chief Simmons requested permission to accent the LLEBG grant in the amount of $17,600 with a match of $1956.00 which is available in his budget.  This grant will be used for community policing.

 

 

 

 

 

 MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUGUST 9, 2004

 

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to accept the LLEBG grant as presented by the Chief.

 

e.  Gorman Mgmt./Lisa Mead, Est. Re: LIP Proposal - North End Blvd.

Atty. Mead provided copies of the LIP application re: 585 Northend Blvd and said her client, Frank Gorman of Gorman Management is looking for an endorsement of the LIP Proposal.  Since the last meeting, Mr. Gorman has taken the concerns of the Board into consideration and is now proposing 8 units rather than 10 consisting of two building with 3 units each and two single units.  He wants to work with the community and help and is still working with the Beach Betterment Association. 

Sel. Richenburg pointed out there is on-going discussion with the EPA as to whether or not the town can tie in any additional sewers and asked how will this project affect that.  The Manager said there is still a lack of response from the EPA and Town Counsel has written to them again.  EPA has been made aware through DEP of other developments at the Beach and they have not objected to it.

Atty. Mead said the endorsement they are looking for is permission to start the process to get started at the State level and will have to come back to meet with the ZBA, Planning Board and Conservation Commission and she said they would agree to commit to contacting the EPA.   Sel. Carroll said he appreciates the LIP and thinks it is a good proposal but in view of the fact that there are unanswered questions from the EPA he feels it would be inconsistent to vote to support the project when there are others that the Board has questions about and it would not be right to do so; he doesn’t think the Board is harming the efforts of Gorman Mgmt. And finds it hard to say he supports the project at this time. Sel. Klima suggested this be deferred until the next meeting and work on the language that will be sent to the EPA and perhaps get information from them.

Motion by Sel. Richenburg, Seconded by Sel. Papoulias; Voted to endorse the project subject to re-writing of the letter presented by Atty. Mead adding in a written approval by the EPA accompanied by a letter from the Town sharing their concerns and Mr. Gorman’s willingness to deposit $10,000 into the water conservation account and to apply for a 40B if the project went to a 40B.  VOTE: 3 yea’s - Sel. Klima and Sel. Carroll opposed.  Motion carried.  It is also the understanding of the Board that the letter to be re-drafted by Mr. Harrington is to be reviewed by the Selectmen prior to it being signed.

 

V.        Comments by Visitors

Tomasell’s stated they have concerns with the EPA issues and feels that the Board picks and chooses on who can and cannot build at the beach.  They said they want to know why the EPA doesn’t want additional buildings and they want an answer at the next meeting.

 

VI.       Sewer/Water

a.  Salisbury Dodge - Sewer Connection

Atty. Connelly and the civil engineer representing Salisbury Dodge presented drawings and plans for the Board’s review requesting permission to tie into the sewer at the Crossroads Plaza.  Discussion ensued but since the DPW Director was not present tonight no action was taken and this will be on the agenda for the next meeting.

 

b.  Water & Sewer Access Fee Regulations Discussion

Sel. Carroll stated that the Board met last Friday and discussed a proposal to amend the regulations.  Sel. Klima then explained that the Town adopted water and sewer access fee regulations in June which became effective July 6th.  Their purpose was to have new development and new buildings on vacant land to pay a fee calculated under an EQR schedule to help pay the cost of new water and sewer plants needing to build over the next few years.  However, the schedule used included restaurants and commercial establishments.  When the regulations were adopted, the same EQR schedule was used and since then there have been several new commercial businesses who have come before the Board re: their cost being extremely high which would be a barrier in new building.  Therefore, the Board has been working on a new schedule and it would be based on what the businesses would actually use.  They have looked at all issues relative to a restaurant, but has to look at all other commercial businesses as well.  They have not gotten all necessary information with respect to users, other than the restaurants which has to be done before finally adopting a new schedule.  Sel. Carroll said he agrees with the comments received and that the Board needs to do more work; the DPW Director also has to be brought up to date, as well as the Assessor before a vote is take.  Sel. Richenburg said he would like this done as fast as they can and encouraged the Board to meet again.  Mr. Baxter of Seabrook Road requested that the Board revisit the residential portion of the current EQR system suggesting that the EQR formula may have worked in the past, but it doesn’t seem fair any longer.  Sel. Klima agreed that the EQR should possibly be changed to actual usage, but the access user fees should remain as is.

A special meeting was scheduled for Aug. 19th at 7:30 PM  re: the moratorium and on Aug. 16th at 5:30 for the Water access fees.

 

c.  Business Owner re: Water & Sewer Access Fees

Mr. Dean has not been granted an occupancy permit for his new upper deck because he has not paid the water access fees; other than that the Building Inspector has no problem in granting the permit.  Therefore, Mr. Dean is out of business at the present time.  However, after last Friday’s meeting he thought that the proposal was that he would meet with the building inspector, his architect ant the Town Manager to finalize what had to be done in order for him to open.  Sel. Hunt said he was under the impression after last Friday’s meeting that a fee had been agreed to as being reasonable and that the Board would allow him to open if that fee was paid and he thought it would be re-visited by usage at a later date and Mr. Dean would either end up receiving a credit or having to pay an additional amount.  Motion by Sel. Klima, Seconded by Sel. Hunt; Unanimously voted to permit the building inspector to grant an occupancy permit to Mr. Eugene Dean on the condition he either pay the access fees when determined or close after the fee has been determined.

 

VII.     Correspondence

·                      Letter from the Rowley Board of Selectmen inviting the Board to a Tri-Town Selectmen Meeting to discuss school finance issues on Aug. 17th at 7:30 PM in the Rowley Town Hall.  Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to attend and invite the Warrant Advisory Board and Town Manager.   Sel. Richenburg stated he doesn’t mind  going and discussing, but has a concern that one Town has not and is not willing to pay their fair share.

·                      Request from the Firemen’s Association to conduct a boot drive on Aug. 28th and 29th, with a rain date a week later to be held in the same manner as in the past.  Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve.

·                      Memo from the Firm Rodman, Rodman and Sandman re: MTBE case.

·                      Letter from Joseph Brown resigning from the Harbor Commission since his recent move to Newburyport.  Motion by Sel. Hunt, Seconded by Sel. Klima; Unanimously voted to send a letter accepting his resignation and thanking him for his services and to post the vacancy.

·                      Letter from DHCD re: affordable housing.

·                      Invitation from turning Point to the closing of their summer program on Aug. 19th from 11AM to 2PM at the Elks Lodge.

 

VIII.    Hearings  - none.

 

IX.       Town Manager’s Report

Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes.

 

X.        Selectmen’s Report

Sel. Klima gave a report on the PILOT funding and stated there are now 110 cities and towns signed up.

 

Sel. Hunt announced that the Lions Club will be holding an annual golf and picnic outing at Captains’ Corner on Aug. 28th from 11AM - 4PM, with a rain date of Aug. 29th.

 

Sel. Richenburg thanked Gil Bonk for all the work he put into the muster that was held last weekend.

Sel. Hunt said this year Cong. Tierney arrived on time, as well as Rep. Costello and Sen. Baddour and  all 5 Selectmen!

 

Gil Bonk asked for an update on the receivables issue and the Manager said there was nothing more to report.

 

XI.       Executive Session - none

 

XII.     Adjournment

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to adjourn at 9:55 PM.

 

Respectfully submitted,

Janet Flannery, Secretary

 

Approved:______________________________

     Ed Hunt, Clerk