MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - JANUARY 10, 2005 - 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
Minutes of December 6, 2004 and December 20, 2004
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to approve the Minutes of Dec. 6, 2004 by adding the following Motion to Section IV, para. E: “Motion by Sel. Hunt, Seconded by Sel. Richenburg “I move that the Board of Selectmen vote to decline a request to sign the Developer Street Lighting Agreement for Retail Delivery Service upon the recommendation of the DPW Director. Vote Unanimous” and the Minutes of Dec. 20, 2004 as printed. VOTE: 4 yea’s - Sel. Klima abstained.
III. Old Business
Class I License - National Car Sales - 10 Main St.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to remove from the Table. Sel. Carroll explained that the question on this Class I license is there is whether or not National Car Sales represents a manufacturer. Mr. Duchak said that, according to the State of MA, he is registered to deal with many manufacturers as an independent dealer authorized to buy and sell surplus and program cars. Sel. Papoulias questioned his ability to operate in this way and said he would like an opinion from Town Counsel. Sel. Klima agreed with Sel. Papoulias thought the question to be asked of Counsel is, does the Board have the authority to issue this kind of license to someone who doesn’t have an agreement with a manufacturer?
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to table this issue and ask Town Counsel’s opinion as to whether Mr. Duchak can act as an independent dealer without an agreement from a specific manufacturer.
Atty. VonKittlitz re: Chapter 61A Land on Elmwood St. And Town’s Option to Purchase
Mr. Albert Johnson appeared before the Board tonight to discuss the regulation re: 61A. He explained that this land that the lumber company owns wants to put it back to his name and he will then transfer it to his son and daughter. This will be a free gift to them with no money considered, and they will each build a single home to live in themselves. Legally he doesn’t have to receive
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JANUARY 10, 2004
permission from the Town since the Town doesn’t have the right of first refusal since he is transferring the property to his children and not selling it; he will be subject to rollback taxes for 5 preceding years which the Assessors are figuring now. The reason he is here tonight is that if and when his children sell these homes those buyers will have to get title insurance. Sel. Klima stated that both he and Mr. Johnson’s attorney believed that the proposed transfer of title from the lumber company to Mr. Johnson gives the Town an option to purchase the property, and that a vote of the Board not to exercise the option is required in order to give clear title to the land to Mr. Johnson and his children. Sel. Klima stated that he has no objection to the transfer and would vote in favor of not exercising the option.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve the notice of intent on lots B and C located on Elmwood Street and not to exercise its option to purchase.
IV. New Business
License Renewals:
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Common Victualer license for: Joe’s Playland - 15 Broadway, Hungry Traveler - 98 Beach Rd., CJ’s Pizzaria - 203 Lafayette Rd., Subway - 52 Elm St., Marshview Café - 155 Bridge Rd., Marie’s Restaurant - 85 Beach Rd., Marte-L Convenience - 45 Toll Rd., Winner’s Circle - 211 Elm St., Chin Chin Restaurant - 139 Elm St., Rangeway Golf - 167 Elm St., Dunkin Donuts - 192 Elm St. And 15 Lafayette Rd., Boots & Saddles - 188 Lafayette Rd., Tom’s Discount - 175 Elm St., and Nanny’s Candies - 158A Bridge Rd.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to renew a General license to: Divine Touch Massage & Therapy - 15 Main St., Mattress Depot - 122 Lafayette Rd., Canvas Connection - 125 Bridge Rd., Gordon’s Service Center - 54 Bridge Rd., Tom’s Discount - 175 Elm St., Jim Phillips Firewood - 57 Main St., Grannie’s Country Store - 200 Lafayette Rd., Baystate Drive Academy - 191 Elm St., Complete Car Cleaning - 162B Bridge Rd., SeaNote Music - 57 No. End Blvd., Another Look Antiques & Interiors - 25 Bridge Rd., Convenient Music - 124 Lafayette Rd., Mona’s Monogramming - 11 Lafayette Rd. Unit 4, and Kathy’s Tumbleweed - 133 Elm St.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Sunday license to Winner’s Circle - 211 Elm St.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to renew a Entertainment license to: Joe’s Playland - 15 Broadway, Boots & Saddles - 188 Lafayette Rd. (2 pool tables/juke box & band - 2 licenses), and the Winner’s Circle - 211 Elm St.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Repair license to: Affordable Transmission - 137 Lafayette Rd., ET Racing - 134 Elm St., Buddy’s Garage - 79 Lafayette Rd., Great Bay Autobody Marine Co. - 162 Bridge Rd., Cassidy’s Auto Body - 25 Locust St.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JANUARY 10, 2004
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Class I license to Fraser Pontiac - Buick - GMC, Inc. - 114 Bridge Rd.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to table action on a Class I License application for Ryder Transportation Services - 74 Main St. and request the applicant to
appear at the next meeting re: the issue of their having an agreement with a specific manufacturer.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to renew a Class II license to Highland Motors - 205 Lafayette Rd., Automotive Services of NE d/b/a Americar Superstore - 76 Elm St., Westside Truck Equipment - 172 Elm St., and Performance Distributing, Inc. - 211 Lafayette Rd.
b. New Licenses:
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to approve a General license to: Qing Gallery - 6 Merrill St. And YES Transportation, Inc. - 6 Main St.
c. Committee Appointments
Harbor Commission - 1 Alternate - 1 applicant: Ronald Ray
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to appoint Ronald Ray to the alternate position on the Harbor Commission.
d. Gorman Management Trust re: Change in Venue at 226 Beach Rd.
Atty. Joseph Sullivan stated he appeared before the Board last June for the Selectmen to accept the property at 227 Beach Rd. as affordable housing units. He completed the process in June with a LIP application being submitted to the State and following that process his applicant proceeded with the lottery to have the property sold as affordable which was successful. However, based in part on the location of the property there were problems with having the qualified families continue with the purchase since it is in a commercial district. Therefore, Gorman Management would like to work with the Town, open a dialogue and come up with a suitable resolution. He then introduced Mr. McCarthy who has been involved in affordable housing in Dracut. Mr. McCarthy said in looking at the particular property it doesn’t offer the most optimum location and provides more for adults and not for a young family with children. He did an affordable study and got a number of applicants, and while everybody liked it they had a problem with the location. He then suggested that the Town allow them to convert the duplex on Beach Rd. From affordable to market rate. In return Mr. Gorman would make one unit at 595 North End. Blvd affordable. Another alternative is to give the Town $50,000 in lieu of the unit at 595 North End. Blvd.. Sel. Richenburg said he would like some time to look at the whole picture and maybe come back with suggestions at the next meeting and have additional discussion on this. Sel. Carroll said he did not like the idea of allowing Mr. Gorman to go from 4 to 3 affordable units.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to table until the next meeting and in the meantime try and schedule a workshop to include members of the housing partnership committee.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JANUARY 10, 2004
e. Building Inspector & ZBA Presentations
Mr. Surette gave a brief overview of his office comparing the 340 building permits issued in 2003 to the 386 issued in 2004. At the request of Sel. Hunt he then outlined the procedures followed when someone wants to put up a structure. Sel. Klima said he has had a number of people talk to him
about issues relating to how the Town looks and the appearance of the main roads. Mr. Surette then went over the by-laws pertaining to junk yards, storage trailers and the commercial areas. Sel. Richenburg said he appreciates the effort of the Building Inspector to help with the by-laws, etc., but what he is hearing the Board say is perhaps a letter has to be created stating that the Town is looking to satisfy the By-law and enclose a copy of that by-law and state that possibly they can meet with him. Sel. Hunt wants to see the whole town included and not just highlight certain areas. Mr. Surette said this has always been a concern to him but can’t be arbitrarily done to one or two people, it has to be town-wide. Motion by Sel. Klima, Seconded by Sel. Richenburg; Unanimously voted to ask Mr. Surette to develop a program or plan with respect to pursuing improved compliance with the elements of the zoning by-laws and other aspects.
ZBA - William Spinney
Mr. Spinney indicated that the ZBA is short one member and could use another alternate member. There has been a backlog of cases due to the holidays; there is one 40B presently in front of them and in total for tomorrow night’s meeting there are ten cases. 40B’s do complicate things for they do drag on for a year or two and the require a lot of resources.
He suggested that maybe a newspaper campaign be started to help eliminate the clutter in Town; Salisbury is a blue collar town and many people do things in the most cost effective way and many times storage trailers are used. Compliance is an issue that comes up before the ZBA and is always a touchy subject. He then touched on the Gorman property in that it was commercial property with 12 rental units and the ZBA had suggested that he reduce the price of units rather than swapping them around. Sel. Richenburg asked when someone comes before the ZBA if their recommendations are done in letter form with a copy to the building inspector and he said no it has not been done that way as their recommendations are always in the Minutes. Sel. Richenburg suggested that perhaps a copy of the decision should be given to the Building Inspector so he can then give an answer when he replies; Mr. Spinney agreed and said that hopefully their new secretary will be able to do that.
f. Discussion of Letter from the Town of Kingston re: Chapter 40B Manufactured Housing
Sel. Carroll said the issue here is the Town of Kingston has sent a letter to all cities and towns requesting an endorsement to count manufactured homes as low and moderate income housing. After some discussion it was agreed that the Town put the language into a motion to be more in line as to what the Town of Salisbury wants.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to table to a future meeting.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF JANUARY 10, 2004
g. Approve Covenant between the Town and Carmel Realty Trust re: Kendell Lane
Sel. Klima introduced the subject stating that there has been a long running problem re: a septicissue on Kendell Lane. There’s been litigation and on-going problems among the owner Mr. Longo, the Board of Health, and the residents of Kendell Lane. The Town Manager, Sel. Richenburg and himself have tried to get at the problem and reach a suitable solution; they have met with the owners and the residents on several occasions trying to work out what would be a good solution. Mr. Longo has proposed that
he install a sewer system and a proper agreement has been met to allow him to install a sewer main extension at his own expense to service the properties of his park and two other properties that he owns on Lafayette Rd. It will be his responsibility to install and maintain it and if he fails to do so the Town will do so at his expense. Mr. Longo will pay the access fees on all properties and he agrees that those properties will be exempt from such fees and he will not impose any cost on the tenants, with the exception of a $20.00 monthly sewer use charge just like every other user of the system. Also, Mr. Longo cannot allow anyone else to connect to that system. This agreement is to solve the health issue at this location and the Town has the right to take it over at no cost. The full intent of this Agreement is to bring a conclusion to the whole health issue.
Motion by Sel. Hunt, Seconded by Sel. Richenburg; Voted to approve and sign the Grant of Sewer License and Covenant between the Town and John A. Longo, Trustee of the Carmel 2 Realty Trust u/d/t dated March 18, 2004. VOTE: 4 yea’s - Sel. Papoulias opposed. Motion carried.
h. Vote to approve letter to Aaron & Michelle Eastman
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to authorize the Chairman to sign and send a letter to Mr. & Mrs. Aaron Eastman awarding a refund of a $3,630 water access fee payment.
i. Vote to amend Town Manager’s Employment Contract
Sel. Richenburg introduced the Amendment to the Contract which was initiated back in November of 2004. He said he and Sel. Klima had been appointed to work on this and they met with Sel.Carroll, Hunt and Papoulias to get some general thoughts pertaining to salary, the extension, use of a town car, vacation and possibly an annuity. The summary was outlined and is attached and made a part of these Minutes. Motion by Sel. Hunt, Seconded by Sel. Richenburg; Unanimously voted to approve and sign an amendment to the employment contract between the Town and Neil J. Harrington.
j. Discussion of FY06 Board of Selectmen/Town Manager Goals & Objectives
Sel. Carroll said this was put on the agenda because it is opportune time since the budget process has begun. He then gave an overview of what has been accomplished since Just 1st of last year and then gave an outline of the ‘06 goals and objectives and asked the members of the Board to comment on those items they would like to continue with or to add to the list.
Sel. Richenburg stated that a few of the things he’s been involved in will be coming to a close: Kendell Lane issue is over and the present renovations of the Town Hall.
Sel. Hunt was involved in many of the tasks and he said to say the least they were not easy. The ballfields with the help of Don Levesque are going to materialize; re-zoning of Rabbit Road - he thinks the Town is going in the right direction; flooding at the north end of the beach has been a major issue – the State doesn’t really give us what we need and the Town cannot afford to do what really needs to be done so the second best thing is the sandbagging again, which will be done this week; the south end of the beach has not materialized as far as the Grant goes, but is still being worked on; and finally the clam flats should be completed in a week or two – everything is in place and the marine fisheries are very positive; funding is in place and we are waiting for the State to approve our management plan.
Sel. Klima is involved with the affordable housing partnership which is up and running; as to moratorium on water and sewer extensions, he and the Town is proceeding with expansion plans and there is no immediate need for a moratorium and therefore he would like to see that come off the list; Kendell Lane has been taken care of; Town Manager’s contract and the purchase of the land on Elm Street has been completed.
Sel. Richenburg said that the Tri-Town meeting was held early in December and some input should be coming in for the Board’s review. This is an on-going thing and he feels the new Superintendent should bring the three Towns together. He agreed with Sel. Carroll’s ranking of the priorities; the most important are to implement the financial audit recommendations received for the last 2 or 3 audits for it is extremely important to focus on getting the financial house in order and part of that is solving the outstanding receivable issues which should remain a high priority;. to extend sewer to the industrial park, increase the water system capacity, address the Folley Mill Rd. drainage problem and develop a current plan for getting the roads and streets in shape. In conclusion Sel. Richenburg suggested that perhaps for the next meeting the Board should revise the list, add some items and prioritize them.
V. Comments by Visitors - none
VI. Sewer/Water
Set Hearing Date for Water & Sewer Access Fee Appeal for Phoenix Homes, Inc.
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to schedule a public hearing on January 24, 2005 at 7:30 PM.
Phoenix Homes Request to Tie-in to Sewer
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Unanimously voted to table until the next meeting.
VII. Correspondence - none
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. Richenburg said he has received many calls re: snowmobiles and wants to make it known to the public that they come under the same rules and regulations as ATV’s.
Sel. Hunt asked about the Police Chief’s position and asked if the Manager had to wait until the Legislators vote to remove it from civil service to hire a permanent Chief and the Manager said yes that was the case. He also reported that the Sgt. Exam has been taken and the assessment center is going to be held Feb. 9th and after that he will be making an appointment.
Sel. Papoulias asked about the meters – they are still up and if one is damaged by a plow what will happen. Mr. Harrington said they are out to collect money although they are not enforced; he doesn’t know of any damages but if there is any evidence of any they will look at it and if a problem arises it will be re-visited. Sel. Hunt would like to have it re-visited for he believes if something is maintained money can be saved; he would like to get a maintenance program set up and imposed. Sel. Richenburg said he believes the meters are year round meters; one thing he would be interested in knowing is the amount of money the Town is receiving vs the cost of taking them down and putting them back up – if they are deriving income of sufficient amount he would agree in keeping them up. Sel. Hunt would like the Board to walk the beach and look at them. Sel. Carroll said there has been a lot of discussion on this and he believes it is a Town Manager’s decision – the Town Manager made a decision to keep the meters up and he can’t see re-visiting this issue time after time. Mr. Harrington’s decision was made with the advice of the Police Chief and he (Mr. Carroll) doesn’t support the idea of doing more investigation and more analysis
Sel. Klima announced that the Zoning Review Committee will be meeting Jan. 13th to talk about a different form of cluster zoning; time is passing and town meeting is coming up and the Board has to think about changes they would like to make with the zoning by-law in connection with the Beach. He also said that the Governor has put $15M in his budget for PILOT payments but that the STAR organization will be lobbying for additional funding that would benefit the Town.
Sel. Richenburg said he understands that there is a vacancy on the zoning review committee and Mr. Harrington indicated he does have a name to give to the Moderator to see if he is interested in appointing him.
Sel. Carroll announced that the Tax Classification Hearing is scheduled for Jan. 12th in the EOC room.
XI. Executive Session - none
XII. Adjournment
Motion by Sel. Richenburg, Seconded by Sel. Hunt; Voted to adjourn at 10:10 PM.
Respectfully submitted,
Janet Flannery, Secretary
Approved:______________________________
Ed Hunt, Clerk