MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - DECEMBER 6, 2004 - 7:00 PM
WILLIAM HILTON CENTER
PRESENT: Selectmen Robert Carroll Chairman, Ed Hunt, Anthony Papoulias, Henry Richenburg
ABSENT: 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 and Nov. 22, 2004 Regular and Executive Session
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the Minutes of Nov. 22, 2004 Regular session as printed.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to approve the Executive Session Minutes of Nov. 22, 2004. VOTE: 4 yea’s - Sel. Papoulias abstained.
III. Old Business
Acceptance of Parcel of Land on Baker Rd. From Ferry Rd. LLC
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to remove from the table.
Ms. Braun of 13 Palis Drive addressed the Board as she lives next to the path in question and she feels it’s been placed too close to her property and asked if someone could go out and look at it. Sel. Carroll indicated that Lisa Pearson has walked it with Mr. Palis and that it was to be placed according to the maps and that he has to conform to the plan when he does put the path in so as not to encroach on her land. The objective is to make sure Mr. Palis conforms with the accepted plan by the Planning Board.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to send a letter to Mr. Palis requiring him to attend the next meeting and explain why the work had not been done and to give a schedule as to when the work will be done according to the Planning Board’s approved plan; and to also have the Planning Board delineate the plan to make sure the walkway is not encroaching on anybody’s land.
Appointment to the Triton Regional School Superintendent Search Committee
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to remove from the table.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to notify the Chairperson of the school committee that we have no applicants for the at-large position on the search committee.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF DEC. 6, 2004
IV. New Business
License Renewals:
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to renew Repair licenses for: C.B. Restorations - 105 Lafayette Rd., Burda Brothers Auto Body - 83 Bridge Rd., Paul’s Tire & Car Care - 1 Beach Rd., Black Death Cycles - 41 Main St., Black Death Restorations - 25 Atlantic Ave., and Salisbury Auto Repair, Inc. - 193 Elm St.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to renew a Class I license for Seacoast Motors of Salisbury - 158 Elm St.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Class II license for Causeway Enterprises, Inc. - 77 Bridge Rd.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Class III license for Causeway Enterprises, Inc. - 77 Bridge Rd.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Sunday license for MJF Bowery Corp. d/b/a Tens Show Club - 11 North End Blvd.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew an Entertainment license for MJF Bowery Corp. d/b/a Tens Show Club - 11 North End Blvd.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a General license for Four Star Limousine, Inc. - 14 Elm St.
b. New Licenses:
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve a Repair license to Coastal Customs Speed Shop LLP - 191 Elm St.
c. Committee Appointments - none
d. Chief Simmons, Sgt. Roy & Officer Thomas re: ATV Vandalism Update
Chief Simmons reported that he still has the patrols out there every day and will continue through the winter months. Also pamphlets have been distributed through the town offices and will be on the website as well as cable TV. There is a meeting scheduled for Dec. 8th from 5:30 - 6:30 PM to address this whole issue. Sgt. Roy stated that Officer Thomas set up the meeting and all the laws will be reviewed and questions taken. They are hoping for a good turn-out by the youth and their parents. Jim Hennessy of the Environmental Police will be at the meeting with his ATV.
e. John Paonessa/Meridian Engineering re: Lighting for Subdivision off Folley Mill Rd. (Meadowbrook Estates)
Nobody was present to speak on this issue. However, Sel. Carroll explained that this is to establish a street light agreement to establish retail delivery service; the developer will pay for the lighting for the time prior to turning the street over to the Town and once this is done the Town will pay for all lighting. He further explained that the agreement is something new where the Town is obligated to assume responsibility for the lighting once the street is accepted – that happens anyway. When the Town accepts the street we acquire the expense for lighting, but not the responsibility for maintenance of the lights. Therefore the lighting plan was approved. However, Sel. Hunt suggested that in the future, during the planning stages of developments he would like the Planning Board to pick up on things like this and make it known to the developers that the Town will not be responsible for nor maintain the poles.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted that the Board decline a request to sign the Developer Street Lighting Agreement for retail delivery service upon the recommendation of the DPW Director.
f. Update on 11/29/04 Meeting with EPA and State Officials
Sel. Carroll reported that Sel. Klima, Richenburg, Hunt and himself as well as the Town Manager and Town Counsel met with the EPA regional Council, DEP and CZM. Nothing conclusive came from the meeting but a pledge from the people there to work with the Town. CZM will be visiting Salisbury and the various Boards to give an overview and educate them on the process of all regulations that are in affect to protect the environment, and they will work with the Town in developing zoning by-laws that will meet the needs of the Town and protect the environment. They will also work with the Town to update the flood insurance rate maps and information on the barrier beach.
g. Vote to approve 2005 Election Calendar
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the 2005 Election and Town Meeting Calendar.
h. Update from Regional Agreement Study Committee Chairman on 11/30/04 Meeting
Sel. Richenburg reported on the meeting between Salisbury, Newbury and Rowley. Some points that were discussed were: 1) how school students are counted; evidently the Towns count one way and the State counts another; 2) Concern particularly by Rowley in that they wanted to see some of the programs in the elementary school restored; 3) Transportation - Newbury feels they are being charged excessively, and they claim they have additional costs for fire and police.
It was agreed that each Town who had a particular concern would write them up and submit them to the other Town with background information. Salisbury’s Committee has met 8 or 9 times and one of the members, Mike Gilbert has been very helpful in bringing figures forward; Jim Dondero had also done a review on the costs and found Salisbury is paying their fair share. Sel. Richenburg thanked all members of the committee and Sel. Carroll added that he attended every meeting and commended everyone on the outstanding job they did.
I. Board/Committee Report
Chief Simmons gave a brief overview of some projects that will be done over the next several months such as: Citizens Police Academy headed by Officer Terry Sullivan will be starting in February; Neighborhood Watch Program headed by Officer King; RAD program for the kids in February; Bicycle Safety Program headed by Officer Thomas; ATV Patrols; Extra foot patrols in the square as well as speed enforcement; Officer Sullivan just attended Camp Sargent with the children; Sgt. Roy and Ann Champagne continue with the ID program for kids; purchase of 2 new defibrilators; they will be putting out extra cruiser patrols over the holidays; Partnership of Police and Women’s Crisis Center, and all police officers have completed service training for in-house harassment.
j. Clam Flats Advisory
Wayne David indicated he had a conversation with David Roche about the necessity of appointing a Shellfish Constable which should be done now because a training class is scheduled for January and it was agreed by the members of the Clam Flats Advisory Board and Harbor Commission that it would be logical to have Ray Pike appointed. Ray has no immediate objection but he realizes this may become a time consuming job at which time an assistant will have to be appointed. Mr. David said their final plan should be ready in a couple of weeks to present to the Board.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to appoint Ray Pike as Shellfish Constable for a three year term beginning Jan. 1, 2005 and ending Dec. 31, 2007 subject to his having successfully completed the shellfish wardens training course at the Mass. Maritime Academy.
V. Comments by Visitors - none
VI. Sewer/Water
VII. Correspondence
· Invitation to the Chamber of Commerce Christmas Party at Sylvan Street Grill on Dec. 9th.
· Notice of “Breakfast with Santa” at the Fire Department on Dec. 18th from 8 - 11 AM
· Division of Marine Fisheries Bulletin
VIII. Hearings
7:30 PM - Water Access Fee Refund
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to open the hearing on the appeal by Mr. & Mrs. Eastman at 7:30 PM.
Mrs. Eastman stated the basis for the appeal is she was a customer prior to the implementation of the access fees which occurred on July 6th of this year. Sel. Carroll said it is clear to him that they became customer when the meter was turned on which was July 14th. However, Sel. Hunt felt that the intent was to have water when the application was filled out and if the Water Co. Had acted on the installation right away and not have waited, she would have been a customer prior to the 6th of July and he feels the Board should grant the appeal and Sel. Papoulias felt they should receive the benefit of the doubt since the time frame is so close. Sel. Richenburg requested that they get an opinion from Town Counsel and clarification of Chapter 93A.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to close the hearing at 7:50 PM. VOTE - 2 yea’s - 2 opposed; Motion failed.
Sel. Hunt said he thinks that the facts presented to the Board came from Pennichuck and are adequate to make a decision. His feeling is he doesn’t care what Chapter 93A says because by the Eastman’s paying the fee and filing their application is sufficient enough for him. Motion by Sel. Papoulias to approve the refund, Seconded by Sel. Hunt for discussion. No vote
Motion by Sel. Papoulias, Seconded by Sel. Richenburg; to table until the next meeting. No vote.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to close the hearing at 8:00 PM. VOTE: 2 - yea’s - 2 opposed. Motion failed.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to continue the Hearing to the next meeting at 7:30 PM.
IX. Town Manager’s Report
Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes.
As for the Town Hall renovations, Sel. Hunt said he thinks it is great that the whole Town Hall will be used but he things that the planning should include parking because there isn’t much there now.
X. Selectmen’s Report
Sel. Hunt read in the newspaper where Seabrook applied for a grant through the Homeland Security; he’s mentioned in the past that Salisbury do the same and would like to look into that avenue. Manager said he would be glad to look into it.
Sel. Richenburg asked how communications are handled when there is an incident or disaster; how are the Selectmen and Manager informed and is there a chain call list? Manager said there is an emergency plan as far as the nuclear plant is involved, but doesn’t know of any other system. Whenever any department is involved, either the Police, Fire or DPW, those department heads do call the Manager at home; Sel. Carroll said he would like to get a call anytime the Manager is notified. At this time Mr. Baxter, Health Officer offered information and services as a member of a coalition of services through the Homeland Security and offered to bring this up at their next meeting to see if there is anything that the Selectmen can be trained on.
Sel. Papoulias asked what is going on at the McKenna property. Manager said there is a trust that has purchased the standing control interest and has control of the site. They have been dealing with “squatters” on the property, they have cleared a lot of the land and have disposed junk cars and over a hundred ton of tires; and their wish is to develop the property. There is an issue of a drainage pipe that runs under the property that was blocked by someone and our DPW Director is working with them on this. A significant amount of stone is going to have to be removed and it’s not yet known if there is any contamination on the site. There is not a specific proposal, but one will be brought before the Board if and when anything evolves. It was the general consensus of the Board that any liens and taxes due on the property should be paid and proper demolition permits obtained. Mr. Baxter indicated that they have been working closely with the Board of Health to make the property secure. Selectmen said they would like the code enforcement officer to go up and let the people know that they need a demolition permit and requested an update from the Manager at the next meeting as to what is being done and what their plan is for that property.
Sel. Carroll pointed out that at the last meeting Adelphia was asked to look into seeing how meetings of the school committee could be televised on a timely basis. He’s been told that all meetings are taped and the secretary of the school committee is immediately going to send a tape to Doug Bozak who then check it out and televise it the following week.
XI. Executive Session - none
XII. Adjournment
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to adjourn at 9:00 PM.
Respectfully submitted,
Janet Flannery, Secretary
Approved:______________________________
Ed Hunt, Clerk