MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - MARCH 14, 2005 - 7:00 PM

 

WILLIAM HILTON CENTER

 

PRESENT:     Selectmen Robert Carroll Chairman, Ed Hunt, Anthony Papoulias, Jerry Klima, and Henry Richenburg

 

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 Jan. 10, 2005, Jan. 12, 2005, Jan. 24, 2005, and Feb. 28, 2005

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to postpone acceptance of the Minutes of Jan. 19th, 12th and 24th as they had inadvertently been omitted from the packets.

 

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Voted to accept the Minutes of Feb. 28, 2005.  VOTE: 4 yea’s - Selectman Hunt abstained.

 

III.       Old Business - none

 

IV.       New Business

License Renewals:

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve renewal of the following General licenses: Rangeway Golf - 167 Elm St., Richard Flaherty - 23 Mudnock R d., Systems by Miles - 57 Elm St., and Tim’s Bait Shop - 134 Beach Rd.

 

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve renewal of the following Common Victualer licenses: Chef Howie’s Hobo Café - 5 Broadway, Hodgie’s Too Ice Cream - 136 Rabbit Rd., Richdale Convenience - 2 Elm St., and Striper’s Grille - 175 Bridge Rd.

 

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve renewal of the following Entertainment licenses: Uncle Eddie’s - 8 Ocean Front for 2 pool tables/DJ & Band (2 licenses) and to Bevie B’s Seaside Bar - 3 Broadway for 2 pool tables/Band & Juke Box (2 licenses).

 

Motion by Selectman Richenburg, Seconded by Selectman Klima; Voted to approve renewal of the following Entertainment license to Kitten’s - 99 Bridge Rd.  VOTE: 4 yea’s - Selectman Hunt abstained.

MINUTES OF THE BOARD OF SELECTMEN MEETING OF MAR. 24, 2004

 

b.  New Licenses:

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve a Repair license to The Glass Guys - 123 Bridge Rd.  This is for mostly mobile/off site work and 123 Bridge Rd. is to be used for an office and for storage of the glass.

 

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve a General license to Art’s Firewood - 2 Dock Lane.  The applicant will be catering to the campgrounds and there will be no sawing of the wood on the premises, just bundling.

 

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve a General license to Ring’s Island Marina - 14 First St. (Formerly Dawn Marina) contingent on any repairs being done between 9AM and 5PM.

 

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to approve a Class II license to Americar Superstore, Inc., d/b/a Salisbury Super Store - 76 Elm St.

 

c.  Committee Appointments - none

 

d.  Presentation/Update: Harbormaster/Harbor Commission and ConComm Chairman

Reggie Santos representing Harbormaster Ray Pike gave an update reporting that in the Spring of 2004 a new harbormaster was hired, as well as a new assistant harbormaster.  He further stated that  there is great spirit of cooperation between the new harbormaster and the harbor commission.  The following permits were issued: 537 waterways, 135 mooring permits and 38 dinghy docking permits.  There are about40 people on the waiting list for moorings.  He then highlighted the 2004 accomplishments and future plans, a copy the summary is attached and made a part of these minutes.

 

e.  Set Date for Clam Flats Advisory Committee Workshop

Chairman Carroll had received an e-mail from a member of the clam flats advisory re: a workshop, but rather than schedule a workshop tonight he suggested that he continue to work with them and asked that this be indefinitely postponed.

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to postpone  scheduling a workshop and Chairman Carroll will work with the Clam Flats Advisory in setting a date.

 

V.        Comments by Visitors

Atty. John Healy, representing Andrew Gmelch of Phoenix Homes, asked for an idea as to when Mr. Gmelch will be on the agenda so that he may make their presentation and hopefully obtain access to the sewer.  He understands that the grant has been out there for a long time and there’s been a lot of building on the beach.  He also understands that the Selectmen have been waiting for an answer from DEP and suggested that it is basically unfair that people go on hold while trying to get an answer from the bureaucrats.


Motion by Selectman Klima, Seconded by Selectman Hunt; Voted to place Phoenix Homes on the agenda for the next meeting scheduled for March 28, 2005.  VOTE: 4 yea’s - Selectman Richenburg opposed - motion carried.

 

VI.       Sewer/Water

Decision on the Mullen Water Access Fee Appeal

Mr. Mullen introduced Mr. Eastman to substantiate his appeal and to verify the basis of his request.  Mr. Eastman stated he had the same situation in that he was living out of Town and had no knowledge of the fee until applying for his occupancy permit.  Selectman Klima said the issue is, was Mr. Mullen a customer or not before the effective date of the regulations.  Mr. Eastman applied before the effective date and Mr. Mullen was after the effective and Selectman Klima said he feels the Board has to draw a line that is clear.  Selectman Richenburg said it comes down to the date in which the rule states and he applied after that date.  Chairman Carroll re-iterated that the Board does have to draw a line in the sand and if they say the date was only missed by 3 days, then what is to say someone won’t come back saying they missed it by 10 days; it is regrettable that anyone has to pay access fees, but they were instituted because they don’t want the burden of new growth to fall on the existing users and there has to be a standard to follow.

Motion by Selectmen Papoulias to accept the appeal and grant the refund.  Motion failed a second.  Motion by Selectman Richenburg, Seconded by Selectman Klima; Voted to deny the water access fee appeal for Mr. Mullen.  VOTE: 3 yea’s - Selectman Papoulias opposed - Selectman Hunt - abstained.  Motion carried.

 

Approve Chairman’s Letter to GISO Realty, LLC

Motion by Selectman Hunt, Seconded by Selectman Richenburg; Unanimously voted to approve and send the letter as prepared by Chairman Carroll.

 

Set Hearing Date for Access Fee Appeal - Brian & Joanne Short - 82/85 Bridge Rd.

Motion by Selectman Hunt, Seconded by Selectman Richenburg; Unanimously voted to set the Hearing Date for March 28th at 7:30 PM.

 

VII.     Correspondence

·                      Letter from the Pettengill House in praise of the Police Dept. Regarding the recent McMullen case. and in particular praise to both acting Police Chief Richard Simmons and for Chief Streeter, as well as to Investigator Ann Champagne.  A copy of this letter is to be placed in Ms. Champagne’s personnel folder.

 

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.  He also announced that the Red Sox World Series Trophy will be on display on April 4th from 4 - 5:30 PM.  The location has not yet been determined, but it will most likely be at the Salisbury Elementary School.

 

X.        Selectmen’s Report

Selectman Klima asked that the various board openings be published in the newspaper.

 

Selectman Richenburg complemented the DPW for the excellent job they have done with the plowing.

 

Chairman Carroll congratulated Mr.  Harrington for his being appointed to serve on the Legislative Committee. 

 

Selectman Richenburg reported that some of the Selectmen and Warrant Advisory Board members have gone to several school committee meetings and at several of the meetings there have been comments about the need to get the communities and parents involved in the whole education process and he emphasized the importance of this.

 

Selectman Klima announced that the Zoning Review Committee is meeting this Thursday night to talk about affordable housing and said they are in the middle of drafting an affordable housing by-law.

 

XI.       Executive Session - none.

 

XII.     Adjournment

Motion by Selectman Richenburg, Seconded by Selectman Hunt; Unanimously voted to adjourn at  8:15 PM.

 

Respectfully submitted,

Janet Flannery, Secretary

 

Approved:______________________________

     Ed Hunt, Clerk