MINUTES OF THE BOARD OF SELECTMEN MEETING

MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - AUGUST 23, 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 7:00 PM.

II. Acceptance of Minutes

Minutes of July 12, 2004 Executive Session and July 26, 2004 Regular & Executive Session

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to approve the Executive Session Minutes of July 12, 2004 as printed. VOTE: 4 yea’s - Sel. Papoulias abstained.

Motion by Sel. Richenburg to approve the Minutes of the July 26, 2004 Regular Session, Seconded by Sel. Hunt for discussion.

Sel. Carroll requested the following changes be made: page 3, item F, change the name of Morrison to Morris and on the 4^th line, change the first portion of the 3^rd sentence to read: “Suggestion was made that the Town consider establishing a water ban”. . .

Page 3, Item VI Geosphere - change the spelling from Tarkington to Talkington.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to amend as suggested.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approved the Minutes as amended.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to approve the Executive Session Minutes of July 26, 2004 as printed. VOTE: 4 yea’s - Sel. Papoulias abstained.

III. Old Business

Salisbury Dodge - Sewer Connection

Chairman Carroll reported that the applicant requested to be delayed until the next meeting.

IV. New Business

License Renewals:

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Sunday licenses for: Normandy Lounge - 16 Broadway; Uncle Eddie’s - 8 Oceanfront; Bevie B’s - 3 Broadway; Boots & Saddles - 188 Lafayette Rd.; Sylvan Street Grille - 195 Elm St.’ Carefree Arcade 1 - 6 Ocean Front So., and Carefree Arcade 2 - 20 Ocean Front So.

MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUGUST 23, 2004

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Class II license to: One Stop Auto Sales - 123 Bridge Rd., and Simmie’s Garage - 2 School St.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Parking Lot license to: Carefree Parking Lot - 14 Central Ave.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Arcade license to Carefree Arcade - 6 Ocean Front So. And 20 Ocean Front So. (2 licenses)

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Common Victualer license to: Happy’s Fried Dough - 14 Broadway and Marshview Café - 155 Bridge Rd.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a General license to: Enterprise Rent-a-Car - 191 Elm St. Unit 2; Gordon’s Service Center - 54B Bridge Rd.; Barbara’s Banners - 95 Beach Rd.; U-Haul Co. Of Massachusetts - 6 Merrill St.; Discount Auto Rental - 123 Bridge Rd.; Kathy’s Dog Grooming - 111 Lafayette Rd.; Systems By Miles - 166 Elm St.; Port City Hi-Fi - 166 Elm St.; and Richard Maytag - 155 Bridge Rd.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Entertainment license to: Bevie B’s Seaside Bar - 3 Broadway for 2 pool tables/band & juke box (2 licenses); Normandy Lounge - 16 Broadway - Band & juke box; Uncle Eddie’s - 8 Oceanfront - 2 pool tables/band & DJ (2 licenses); and Boots & Saddles - 188 Lafayette Rd. For July box & band/1 pool table and 1 video (2 licenses.

b. New Licenses:

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve a General license to: Pharmsight - 15 Main St.; Corbin’s Boatyard - 4 Second St.; Baystate Driving Academy - 191 Elm St.; L.B. Designs - 97 Forest Rd.; Wilson Brothers Yard Work - 61 Beach Rd.; and Bonnie Bodenrader - 162 No. End Blvd.

An application was received from Landscape Xpress - 109-113 Rabbit Rd. Discussion ensued due to complaints that the Building Inspector had received relating to an odor caused by the organic products being brought on to the property. The applicant explained that odor was from composted yard waste and both instances were resolved. Sel. Klima had a concern relating to the type of business and questioned if it was zoned for what he wanted to do and also with the equipment being used and the noise it may create.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to table this license until the next meeting in order to get information relating to zoning, noise and to get input from the neighbors. VOTE: 4 yea’s - Sel. Papoulias opposed. Motion carried.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve a Entertainment license to: The Olde Towne Tavern - 34 Bridge Rd. For a Juke box & 2 video games

MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUG. 23, 2004

(2 licenses)

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve a Common Victualer license to: Happy Treats Ice Cream, LLC - vending truck; China Moon, Inc. D/b/a/ China Buffet - 6 Merrill St. #16A; and The Olde Towne Tavern - 34 Bridge Rd. (Name change only - formerly Matty’s Bar & Grille)

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve a Common Victualer license to Chocolate Talk - 13 Palis Drive on the condition that there will be no outside pick up’s and deliveries at that address.

c. Committee Appointments

Salisbury Housing Partnership Committee

The following individuals sent in letters of Interest: Dan Ouellette, Deb Smith, Ronalee Ray-Parrott, Donna Pedrone, Kendra Pike Osgood, and Lisa Lane.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to appoint all six to initiate the committee and leave the membership open in the event other people come forward.

d. Chief Simmons, Officer Mark Thomas, Sgt. Roy & Officer Jim Hennessey of the Environmental Police re: Rail Trail and ATV Issues

Ch. Simmons reported that his department is still putting out the ATV on a weekly basis patrolling the rail trail and will continue to do so until the snow. He then introduced Sgt. Roy, Officers Mark Thomas and Jim Hennessey. Sgt. Roy handed out the completed Stage I handbook and said the Admin. Assistant for the Police Dept. is working on a high tech link on the website, and the educational portion of the program will be done at the school through Officer Hennessey. Officer Hennessey said ATV registration and enforcement is one of their missions; he has ridden with the Police on their patrols and has seen a decrease in the earlier problems. He patrols Salisbury, Newburyport and Amesbury and said that Salisbury has done the best job in taking action on this problem. As for an alternatives for kids with ATV’s and no place to ride, the Georgetown State Forest is available for that purpose.

e. Rail Trail Letter of Support for National Park Service

Sel. Klima placed this on the agenda and said that the Coastal Coalition Group is working on establishing trails going from Newburyport to Salisbury and Amesbury and it is coming time to renew the program and asked if the Board would send a letter of support.

Motion by Sel. Klima, Seconded by Sel. Richenburg; Unanimously voted to write a letter of support in favor of the National Park Service continuing their work in establishing the coastal rail trail.

f. Triton School Committee Member Update

Debra Choate of the School Committee passed out a copy of the budget review for FY04 and reported that Kathy Willis was appointed as administrator of curriculum which had previously been

MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUG. 23, 2004

done by 2 people and there will not be a deputy superintendent position. Sel. Hunt asked her if she has researched back when the reviews were done on the Regional Agreement and she said she just received a copy of the current agreement and the amended one and that Jim Poulin would be more informed on that issue. Sel. Hunt said his only concern is the reviews that were done and he would like to see the minutes of those meetings; Ms. Choate said she will get the information or have Mr. Poulin contact him.

g. Clam Study Committee

Sel. Hunt placed this on the agenda for he thought the committee was ready to possibly make a recommendation. Janice Pierro, Wayne David and Ray Pike were present. Mr. Pike said their role has been to recommend whether the State manage the flats along the Merrimack River or the Town. One of the “cons” would be difficulty in discerning the number of diggers, and among the “pros” would be community involvement so if the town manages the flats they can be more involved and there is the potential to make a profit and create profits. He has met several times with David Roche of the Dept. Of Fisheries and it was concluded that the Town manage the flats and they worked at coming up with a plan which is only about 90% complete. The next step is to get a State Approved Management Plan; the committee did come up with a draft to be presented to the State but there is no way of knowing how long it will take for the State to approve it. Sel. Klima asked if there has been any contact with Newburyport as to what they are going to do and Mr. Pike said they had not, but according to Mr. Roche the State did not hear anything from them and there seems to be a lack of interest on their part.

Discussion then ensued regarding a Shellfish Warden and Mr. Pike said he has been aware that he would share the responsibility with the Warden, as well as the other assistant harbor masters and there would not be an added burden on the Town’s finances. Sel. Klima said he feels there needs to be a separate fund and if it falls short there would have to be something set up. Sel. Hunt feels the Town has to be careful and not mix the harbor master with the clam flats. He further knows diggers that come from Quincy to the river when open and knows they will come if and when they do open. Sel. Carroll suggested that the Board put their questions in writing and send them to the study committee to mull over and come back at a later date.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to table this to be discussed again at a future meeting so that the Board can review the draft and submit any questions to the Study Committee.

h. Windgate Condominium Proposal re: Affordable Units

Board received a letter from SPL Engineers re: permission to modify their affordable housing pricing. It is presently at $130,000 - $135,000 and they would like to reduce the price to $100,000.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the reduction in price of the remaining 5 units at a price range of between $100,000 and $135,000.

V. Comments by Visitors

Ron Murphy of Lafayette Rd. Addressed the Board regarding a neighbor doing business without a license and there is a problem with the noise and hours of operation. He further said the Planning Board has some concern with is going on and told him to clean up the area, put up a fence and apply for a license; that was in February and nothing further has been done and nothing has changed. Sel. Carroll requested the Manager to have the code enforcement officer go to him and inform him that he needs a license and that he has to abide by the by-laws of the Town and if he doesn’t he will have to cease and desist, and that he must also submit an application for a license by the next meeting and be present to address any questions.

VI. Sewer/Water

DPW Director - Update on the Well Explorations

Mr. Levesque passed out a report from Geosphere which he received today and he then gave a brief overview of the letter and stated that the wells have recouped 10 - 12 feet over the past two years.

However, they are very concerned with the future exploration of new water resources. Tonight’s report re-visited what was said to the Board two weeks ago and a copy is attached and made a part of these Minutes. Mr. Levesque said the Town has to move ahead with the exploration as fast as possible and have to adopt restrictions on outside water usage, and limiting/restricting filling of pools. We have to get into strong water conservation and have to start immediately with a comprehensive conservation program and work hard on the demands of the well. We can also work with developers and businesses who come into Town to conserve water; it is either that or be prepared to implement a moratorium. Sel. Carroll said he would like to see the DPW Director come back with a program in a reasonable amount of time complete with milestones and action plans on how the town can conserve water. He feels there is sufficient water and doesn’t see the need for a moratorium right away. Further he would like a monthly update on our water supply by the DPW Director. Mr. Levesque said he will have a draft for the Board in 3 weeks. To summarize: the Town will aggressively proceed with the exploration plan as outlined, Mr. Levesque will come back with a draft report in 3 weeks, he will report monthly on the status of the water and begin negotiating with Amesbury to work out a contract and the Board will review the question of a moratorium in 3 months.

VII. Correspondence

· Letter from Jim Doran resigning from the Housing Authority. Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to accept the resignation, to send a letter of thanks and to post the position.

· Letter from the Coastal Trails Coalition.

· UN Association of Greater Boston Letter declaring Oct. 24^th as United Nations Day.

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. Hunt announced that he has tickets for the Lions Club annual event which is to be a golf tournament and picnic scheduled for Aug. 28^th at Captain’s Corner.

Sel. Richenburg said he has been made aware that there is a move to cap the Maillet Pit on Lafayette and he is concerned as to whether or not all samples have been taken. Mr. Baxter, Health Officer stated he had a conversation with Sel. Carroll re: the concerns and to insure we stay abreast of the situation, he called DEP and spoke with the person directly involved with the project and was assured that DEP is still pursuing the issue but didn’t feel it is a high priority at that time. Mr. Baxter said that starting tomorrow the Board of Health will be working with the Conservation Commission to help them make their decisions on the capping that needs to be done, and DEP wants ConComm to be aggressive and that this project needs a DEP permit and they want the town to know that any function to do with capping does require DEP permitting. Mr. Baxter will continue to work on this. Sel. Klima referred to an application that will be going to ComComm and pointed out that it is important to find out what the material is that is in there before it is buried; ConComm has to get the facts and the testing has to be done at the expense of the owner and not the town. Mr. Baxter’s concern is regarding the additional testing; he was under the impression that it was to be done, but wasn’t made a necessity from the DEP. His concern would be to see if the water aquifer was affected.

Sel. Papoulias had a call from a Collins St. Resident asking if something can be done about the speeding cars over the bridge; the Manager said he will talk to the Police Chief to either get some signs up or to get the area patrolled.

Sel. Hunt asked if the State could be contacted to see if there is a program to either repair or replace signs that are in need. Manager will look into that.

Sel. Carroll introduced Jennifer Lawinski as the new reporter for the Daily News who replaced Erin Croteau.

XI. Executive Session

Potential Purchase of Real Property

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to move into Executive Session at 9:22 PM to discuss the potential purchase of real property 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, Jim Dondero, Jim Corbin, Ray Pike, and Don Levesque. Roll vote: Sel. Papoulias - no; Sel. Hunt - yes; Sel. Carroll - yes; Sel.Richenburg - yes; Sel. Klima - yes. Motion carried.