MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - MAY 9, 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 April 25, 2005
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to accept the Minutes of April 25, 2005 as printed.
III. Old Business
DPW Director re: Road Paving Plan for FY05 and FY06
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to remove from the table.
Mr. Levesque stated he had created a street management plan: 1 for street maintenance which is a 3 year program and the other was a 5 year plan for DPW Construction projects. Copies of both plans were provided to the Board, a copy of which is attached and made a part of these Minutes. A brief overview was then given by Mr. Levesque.
IV. New Business
License Renewals:
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve renewal of a Common Victualer license for: Connie’s Stagecoach Restaurant, Inc. - 95 Elm St., FishTale Diner - 177 Bridge Rd., Jilly’s Bistro - 8 Broadway - Happy’s Fried Dough - 14 Broadway, and Good Fortune Restaurant - 2 Elm St.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve renewal of a General license for: Beach Rose RV Park, LLC - 147 Beach Rd., Mike’s Package Store - 121 Bridge Rd., and Bridge Rd. Auto Service Center LLC - 157 Bridge Rd.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve renewal of a Repair license to Bridge Rd. Auto Service Center - 157 Bridge Rd.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve renewal of an Earth Removal Permit to: Elmknoll Trust - Locust St. (2 permits)
b. New Licenses:
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve a General license to: Spadafora Flower Shoppe, Inc. - 141 Bridge Rd. (Formerly Ridgeway Florist)
c. Committee Appointments - none
d. Update/Presentation: Health Agent/Board of Health
Mr. Baxter began by stating that the Health Dept. presently consists of 4 dedicated, well-qualified members and one part-time secretary. He then outlined his general duties, which at this time is mainly perk tests, septic inspections, and restaurant inspections. He then introduced the Chairman of the Board of Health, Lou Masiello who endorsed Mr. Baxter’s report adding that the Board of Health recently met and came up with a “shopping list” which consisted of the following: updating the website, continue in the testing of the water, licensing plan for Heritage and Kendell Lane trailer parks, regulations for private wells, health department fees, continuing education for the board, continuing health fairs, continuing to hold workshops, and they have a tattoo parlor workshop scheduled.
Selectman Richenburg asked if there anything ongoing re: the cancer study and Mr. Masiello said they are continuing the water testing and it does appear that there is a document stating whether or not asbestos does or doesn’t cause cancer and they are investigating that. He further stated that the EPA and DEP gives parameters to operate on and Salisbury has no option to operate outside of those parameters. The Dept. is also looking at radon testing.
e. Acting Police Chief Simmons re: BJA JAG Grant
Chief Simmons requested permission to apply for an accept a JAG Grant for $26,026 with no requirement of matching funds.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve the request as presented.
f. Vote to Sign Release of Lien re: 69 Rabbit Rd.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to release and discharge the lien made on Feb. 28, 2005 in connection with the removal of a burnt and dilapidated structure at 69 Rabbit Rd., Salisbury, MA.
g. Bayberry Auto
Mr. Smith was present at the request of Selectman Hunt who explained that he goes by the dealership daily and personally doesn’t like what he sees and he doesn’t think that Mr. Smith has cleaned up the operation to the extent he was asked to. He has viewed the lot and walked it and there are vehicles rotting into the ground and he doesn’t see where they are driveable. The hours operation are supposed to be 9AM - 6PM, however, he’s been there on numerous occasions and it’s been closed; he feels that Mr. Smith is not running it as a business and not maintaining the vehicles on the lot He’d like to go up there with other members of the Board and have Mr. Smith start some of the vehicles up. He wants to be assured that the operation is being run as required for he believes it’s being operated outside of the conditions of the license. He then asked Mr. Smith if he would be willing to have the code enforcement officer go up there and inspect it and he said he didn’t have a problem with that, but he did not agree with Selectman Hunt’s description of the lot and the cars for he feels he has cleaned the lot up considerably. He then stated that on the day he received the call from Chairman Carroll requesting his appearance he also received a low ball offer for the business and was insulted and feels the Selectmen are trying to force him out of Town. He is selling the business and hopes to be gone soon. Selectman Richenburg asked if an agreement could be reached if any discrepancies are found by the code enforcement officer and Mr. Smith said he will let the Board know of a time for them to go up and then come up with a time table to correct any discrepancies.
h. Town Manager Performance Review
Chairman Carroll read the summary of the Town Manager’s annual performance evaluation, a copy of which is attached and made a part of these Minutes.
I. Discussion re: MBTA Rail Trail Lease
Selectman Klima said he had hoped to present more information tonight but because of the work with respect to Town Meeting he wasn’t able to do as much as he had hoped. Therefore, he will move forward on it and present it after Town Meeting and a formal report identifying issues will be given at that time.
j. Discussion of Selectmen’s position on Town Meeting Warrant Articles
Chairman Carroll asked I the Board wanted to take a position on the warrant articles. Selectman Richenburg asked if it’s been done in the past and Selectmen Hunt and Papoulias both said it has never been done. Selectman RIchenburg felt that with the zoning articles this might be a good time to do so.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to schedule a meeting before the Town Meeting of May 16th to vote on the articles on both the Special and Annual Town Meeting warrants, at 7:00 PM.
V. Comments by Visitors
Chuck Colburn of 13 Seabrook Rd. asked about Learned Lane which is a dirt road; he and his neighbor fill in the pot holes. There are easements for utilities and he asked if the Town could help them in maintaining Learned Lane and get the Town to smooth the roadway and possibly put some crushed stone down. Mr. Levesque said this is a passageway to say the least and he’s been asked by Mr. Colburn and Mr. Danusis to help and the DPW has gone out and given some stone dust for the knob of the hill, but there is still some disagreement as to who owns what and it’s becoming a legal matter and he’s not ready to go in and fix it, but they do plow it. He made it clear that he (his department) would be there in a minute to help out in an emergency. There are some issues and some court cases and it’s not as easy to correct as it seems. Selectman Hunt said he would like to see some relief for Learned Lane for it is a hardship for the people. Selectman Richenburg agreed that the Town should try and help, but feels they need to get a consensus from the residents of the road. Mr. Baxter said he knows that Mr. Levesque is successful in going door to door and suggested that the Selectmen may possibly want to direct him to do this and get the neighbors to sign a waiver of some sort. Selectman Richenburg suggested having Mr. Colburn bring in a petition signed by all the neighbors stating they want the road graded. He agreed to do this.
Joyce Marie Tomaselli asked Selectman Klima if he’s met with CZM and if they are allowing the zoning changes. He said he had not met with CZM but the Manager had. Mr. Harrington then said CZM has no jurisdiction over any of the zoning articles and they have not taken a stand. They then asked if the Town is planning on making changes on the EQR billing method and the Board said they will be looking at both water rates and sewer rated in the future and at that time they will consider changing the formula.
VI. Sewer/Water
Mr. & Mrs. Murray - 123 Lafayette Rd. Re: Water Access Fee Appeal
Mr. Murray stated his case and reasons for requesting a rebate of the water access fee and Chairman explained that what they have done in the past was to hear the facts and then set a hearing date. Motion by Selectman Richenburg, Second by Selectman Klima; Voted to set a hearing for May 23, 2005 at 7:30 PM. VOTE: 4 yea’s - Selectman Papoulias opposed. Motion carried.
DPW Director re: Removing Water Restrictions
Mr. Levesque said for several years the Town has had a mandated outside watering ban and tonight he was recommending to go to a voluntary restriction. It’s apparent that the users are abiding by the restriction and the water levels have increased. He can continue to monitor this and if during the summer season the wells are using more than expected he can come back to the Board, but for now he feels comfortable in going to a voluntary restriction.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to accept the recommendation of the DPW Director and go to a voluntary water restriction.
Lafayette Rd. Sewer Plan
Eric Botterman of Millennium Engineering distributed a letter to the Board addressing the alternatives of bringing Heritage Park into compliance with DEP. Their position right now is that at some point Heritage Park is going to have to tie into sewer. However, in his speaking with DEP today they seem to be wavering and is agreeable to allow the repair of the septic system. Therefore, he would like to come to the next meeting regarding repairing the system or going forward with DEP stating they have to tie in. He then passed out an original notice of non-compliance and other correspondence granting the 90 day extension to Heritage Park. Mr. Botterman will have provide a conceptual plan of a self-contained water treatment plant on a separate piece of property and figures will be included as requested by Selectman Klima.
At the previous meeting Selectman Klima suggested exploring running sewer up Lafayette Rd. And thinks it’s time to address the problem, upgrade the cost and approach the people along that corridor to see if they are willing to pay the betterment charge, whatever that might be. He further suggested a committee be set up consisting of 1 member of the Board of Selectmen, the DPW Director, a member of the sewer advisory committee, a planning board member, and a member at large, possibly someone in that corridor. Chairman Carroll agreed with that and thinks he wants to do the job as efficiently and cost effective as possible.
Motion by Selectman Richenburg, Second by Selectman Klima; Unanimously voted to form a committee of 5 - 7 members to review the sewerage along the Lafayette Rd. Corridor.
78 Lafayette Rd. Re: Sewer Plan
Eric Botterman addressed the Board re: his request of last Fall, which was denied for 78 Lafayette Rd. to tie into the force main system. Tonight he is requesting permission for them to tie in to the Allen Drive system.
Chairman Carroll said he would like to have a covenant similar to the one with Kendell Lane. Speaking for himself he would be agreeable in allowing this to proceed on the basis that the Town gets a signed covenant.
Motion by Selectman Klima, Second by Selectman Richenburg; Unanimously voted to approve the connection as proposed to the Allen Drive sewer subject to the condition that the Board receives a satisfactory covenant similar to the one at Kendell Lane.
At this point of the meeting Chairman Carroll recognized Selectman Papoulias for his 18 years as Selectman, 10 years service on the Board of Assessors, for being a lifeguard at the beach, and his military service in Korea. He also presented a recognition from the House of Representatives and gifts from the Board of Selectmen.
VII. Correspondence
· Chamber of Commerce Monthly meeting notice.
· Memo from Adelphia re: the sale to Comcast/Time Warner.
· MMA Action Bulletin
· Taxpayers Association Newsletter
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
Selectman Richenburg pointed out that a month ago the COA served almost 500 meals-on-wheels and he commended them for that.
Selectman Hunt asked how close the Manager is to appointing a new Police Chief and Sargent. Mr. Harrington said he contacted civil service and has not received the approved list from which he can make a choice for Sargent. As soon as he gets the list he will be prepared to make an appointment. As far as the Chief’s position, both Rep. Costello and Sen. Baddour have made a commitment to get the bill moved along.
Selectman Hunt asked what happened in the Senate re: 40B’s and the Manager said it died. Sel. Hunt asked if Sen. Baddour could explain what happened and possibly invite him in to one of the meetings as he would like some answers as to why it didn’t make it through the Senate. Mr. Harrington said he will speak to him and see if he can get an explanation.
Chairman Carroll reminded everyone that tomorrow is election day and urged people to get out and vote.
XI. Executive Session - none
XII. Adjournment
Motion by Selectman Richenburg, Second by Hunt; Unanimously voted to adjourn at 10:30 PM.
Approved:______________________________
Ed Hunt, Clerk