MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - SEPTEMBER 27, 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 7:03 PM.

 

II.        Acceptance of Minutes

Minutes of August 23, 2004 and Special Meeting of Sept. 20, 2004

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the Minutes of August 23, 2004 as printed.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the Minutes of  Sept. 20, 2004 with the following amendment: Item IV, 1st para., change last sentence to read: “The acceptance of Murray St. Will result in an increase of at least $1.4M in the value of State owned land in Salisbury at the time of the 2005 revaluation.”

 

III.       Old Business

General Licenses: Ralph Tatro - Folly Mill Rd. And LandscapeXpress - Rabbit Rd.

Chairman Carroll requested these two licenses remain on the table until he receives all information.

 

Gravel Permit - BB&G Construction - Folly Mill Rd.

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

This had been tabled because all information had not been provided, but the package is now complete.  Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the Gravel Permit for 2004.

 

IV.       New Business

License Renewals:

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Common Victualer license for: Haley’s Diner - 6 Elm St.

 

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a General license to: Auto Ventures - 191 Elm St. Suite 10.

 

b.  New Licenses:

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve a General license to Kelsey Auto - 191 Elm St. Suite 10.

Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve a General license to Hudson’s Outboard, Inc. - 48-46 Bridge Rd.

 

c.  Committee Appointments - none

 

d.  111 Beach Rd. - Vote to Sign Regulatory & Monitoring Services Agreements

Motion by Sel. Richenburg, Seconded by Sel. Hunt; to approve and sign the Regulatory Agreement and Monitoring Services Agreement for the 111 Beach Rd. Estates development.  Discussion:  Sel. Klima said it appears some of the documents are missing, one having to do with the setting of the sales price for resale and there also some typos, therefore he wished to amend the motion:

Motion by Sel. Klima, Seconded by Sel. Richenburg; Unanimously voted to amend the motion to approve and sign the documents subject to obtaining the necessary agreements to make them complete and to have the typos corrected. 

 

e.  Vote to Sign P&S Agreement for Land Acquisition

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to sign the P&S Agreement between the Town of Salisbury and the Trustees of Elm Street Trust for the purchase of three parcels of land on Elm Street for $899,000.

 

f.  Acceptance of Gaelic Way

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to begin the process of accepting Gaelic Way as a Town street by requesting the Planning Board to set the metes and bounds and submit their recommendation to the Annual Fall Town Meeting to be held on Oct. 25, 2004.

Mr. Levesque was present and stated that Gaelic Way has been on the table for about 5 years for there were a few issues outstanding with the Fowlers, but they have been care of and he therefore recommends acceptance.  As far as the grassy area in the middle of the cul de sac, it has not been and will not be the Town’s position to maintain that.  The residents have been maintaining it and will continue to do so; however the Town is still liable for that property.

 

V.        Comments by Visitors

School Committee member Sue Fish was present and gave the results of the superintendent’s search.  Three weeks ago they went out to bid and received bids back from: NESDEC, MASC, and Isaacson & Mellon and they decided to go with an outside company as they would be a disinterested party.  The bid was awarded to NESDEC and a presentation will be made this Wed. Evening, Sep. 29th at the school to go over the time line, what they can offer, etc. and she said everyone is welcome to attend.  The next school committee meeting is scheduled for Oct. 13th at 7:30 and the MCAS results will be given at that time by Ms. Willis.  Sel. Richenburg applauded the school committee for going through the process for the search.

Sel. Carroll said the Selectmen in the three Towns agreed to meet as a group with one member of the Finance Committee and this meeting had been scheduled for Oct. 6th, but it appears it will be delayed for a week or two.

 

VI.       Sewer/Water

Water and Sewer Access Fees

Sel. Carroll placed this on the agenda to give an update as to where the Board stands on the fees.  They hears loud and clear that the restaurants appear to be out of line and therefore the Board has gathered a lot of information and feel they have a reasonable approach for the restaurant fees and would like to put it in a proposal and he asked the Board to schedule a public hearing for the Oct. 4th to discuss the proposal for revising the water & sewer regulations.

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to set a public hearing on Monday, Oct. 4, 2004 at 8:00 PM at the William Hilton Center to discuss proposed amendments to the Town of Salisbury Water and Sewer Access Fee Regulations.

 

VII.     Correspondence

·                      Letter from the Women’s Crisis Center requesting that Salisbury proclaim and recognize October as Domestic Awareness month.  Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to accept the proclamation as presented.

·                      Invitation from the Mass. Executive Office of Environmental Affairs re: a workshop to be held on Thursday Oct. 28th from 9AM - 12 noon at NECO in Haverhill.

·                       

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 noted that the Contract with Pennichuck is coming close to an end and asked if the Board should be thinking of what they should be doing for the renewal.  Sel. Carroll said he has spoken with Mr. Levesque and agreed there is a lot of work to be done; the most economical and efficient way would be to sub-contract, but would it make sense for the Town to do it on our own?

 

Sel. Hunt spoke about sidewalks, not only those owned by the Town but also the State; there are a lot of walkers out now and a lot of the sidewalks are overgrown and he thinks the town should try and cut the shrubs back so that the people don[‘t have to go out on the roads.  Sel. Klima suggested that maybe the town needs to look at getting a piece of equipment to cut the brush back.

 

Sel. Richenburg asked for an update on how the independent person die on the pit; he was told the Town requested that the Company that failed the pit do testing.  The Town worked with DEP and identified 15 areas where test pits needed to be dug, samples taken and evaluated.  Because it’s very technical, Higgins Environmental Services was hired to assist and to insure that the tests were done property.  They sent a report back and their recommendation was that BATG do additional testing on the ground water and do two more test pits.  Our BOH has gotten involved in that and have sent a letter to the Conservation Commission recommending they follow through on plans to put top soil into that area and level it.  Mr. Baxter, Health Officer had nothing more to add other than the principles involved are on the BOH Meeting agenda for Oct. 5th.  He’s also been communicating with DEP who are involved in this issue and will continue to be for they are the ultimate authority.  Sel. Richenburg said he would like a response back from ConComm to the letter they received from the BOH.  Sel. Klima also wants them to have to comply with the Earth Filling By-law being adhered to as well.

 

Sel. Klima gave an update on the Rover Project that took place on Sunday; members of the parks & recreation committee were involved as well as Timberland.  He then reported that the STAR group went out to Dalton last week and met with 20 Selectmen and Managers of the STAR group working to get more money in the budget and more funding for all Towns.  Tomorrow people from Salisbury, Princeton, Plymouth and other towns are meeting with the fiscal policy committee to make sure PILOT funding is a high priority on their legislative wish list.

 

Sel. Carroll followed up on the Manager’s report re: the south end of the beach; there are 3 active neighborhood resident groups and he encouraged people in the remainder of Town to form groups like these as they are very effective in bringing problems to the attention of the Selectmen and Manager and they do a great deal of volunteer work.

 

Sel. Hunt said he’s been speaking with Lisa Pearson and Don Levesque re: the north end of the beach flooding problem and he would like to get in touch with Sheriff Cousins to sandbag again as soon as possible since there isn’t going to be any new monies to do anything down there.

 

XI.       Executive Session - none scheduled.

 

XII.     Adjournment

Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to adjourn at 8:00 PM.

 

Respectfully submitted,

Janet Flannery, Secretary

 

Approved:______________________________

     Ed Hunt, Clerk