MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - JUNE 13, 2005 - 7:00 PM
WILLIAM HILTON CENTER
PRESENT: Selectmen Henry Richenburg, Chairman, Robert Carroll, Ed Hunt, Jerry Klima, and Fred Knowles
ALSO PRESENT: Neil Harrington, Town Manager and Janet Flannery, Secretary
I. Call to Order/Salute to the Flag
Chairman Richenburg called the meeting to order at 7:00 PM.
II. Acceptance of Minutes
Minutes of May 9, 2005, May 16, 2005 Special Meeting and May 23, 2005
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve the minutes of May 9, 2005, May 16, 2005 and May 23, 2005 subject to some typographical errors being corrected.
III. Old Business - none
IV. New Business
License Renewals:
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve the renewal of Common Victualer licenses for: Cinema 95 - 201 Elm St. and Simon’s Roast Beef - 167 Elm St.
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve the renewal of a Repair license for Simmie’s Garage - 2 School St.
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve the renewal of a Sunday license for Cinema 95 - 201 Elm St.
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve the renewal of General licenses for: Cinema 95, Inc. - 201 Elm St., Atlantic Floor Covering, Inc. - 114 Elm St., Roberts Electric Supply - 154 Elm St., Wood Flooring Design - 11 ½ Rabbit Rd., HA Richard & Sons, Inc. - 54R Elm St., Express Nails Salon - 2 Elm St., Lyn Dale Creations - 10 First St., and Elm Street Laundry, LLC - 6 Elm St.
Motion by Selectman Carroll, Second by Selectman Klima; Voted to approve the renewal of a General license to The Cuttin’ Zoo LLC - 102 Bridge Rd. VOTE: 4 yea’s - Selectman Hunt abstained.
b. New Licenses:
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve a General license to Glowing Promotions - 191 Beach Rd. Subject to a CORI check being performed on the employees.
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve a General license to American Landscaping - 68 Folly Mill Rd.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve a General license to Canine Day Spa - 119 Ferry Rd.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a General license for Owl Beaver Traders - 8B Beach Rd.
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve a General license to Shear Illusions - 8C Beach Rd.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve a General license tp Dales Photos - 3 16th Street West on the condition that no customers or employees are on the premises.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve General licenses to: First Choice Hair Salon - 183 NE Blvd., Eastern Mass Machined Products - 164 Elm St., Community Beauty Shop - 45 Baker Rd., and Salisbury Auto Parts - 158 Bridge Rd.
Motion by Selectman Hunt, Second by Selectman Jerry; Unanimously voted to approve a Common Victualer license to Paradise Brazil - 50 Elm St.
c. Committee Appointments
Route 1 Sewer Study Committee
No appointments were made this evening. However, Chairman Richenburg called for additional people to come forward and apply as this is a very important committee for the whole community and not just for the Lafayette corridor and it needs to be a well rounded committee. This will be taken up at the next meeting.
d. Updates: Police Chief and Liquor Commission
Acting Police Chief Simmons outlined all the Department’s accomplishments since his last update, a copy of which is attached and made part of these Minutes. The Board was very complementary of the various programs offered by the Police Dept. Selectman Carroll complemented Officers King and Thomas for the good job they did patrolling the rail trail and a lot of the vandalism did drop down, but he received a call recently from some of the neighbors stating it is still a problem and he emphasized the fact that ATV’s and dirt bikes are not allowed on the trails and parents need to get after those involved. Selectman Klima stated he also received some calls and suggested possibly a neighborhood watch being established since the Police cannot be there all the time. Selectman Hunt pointed out that Lions Park is also being vandalized; he saw an article in the Boston Globe where some communities are placing cameras in areas of vandalism and he suggested that possibly Salisbury could do the same.
Liquor Commission: No representatives were present. Chairman Richenburg said he had spoken with the Chairman, Stan Brown who informed him that the commissioners had voted to not participate in these updates. However, Chairman Richenburg still placed them on the agenda again and since they did not show he suggested that a letter be sent to them stating that the Board of Selectmen expects them to appear to give an update to the townspeople and to point out that they are the first committee to refuse to do so. Selectman Hunt said he served on the license commission years ago and he would have been more than glad to update the Selectmen if he had ever been invited to do so and he agreed that a letter should be sent.
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to have the Manager draft a letter to the liquor commission inviting them, in terms as strong as possible, to come to the next meeting and give a presentation as requested.
V. Comments by Visitors - none
VI. Sewer/Water
Bradku, Inc. Re: sewer extension permit for 19 Ferry Rd.
DPW Director, Don Levesque explained that this is another Chapter 40B Project located off of Ferry Road for 52 units - 104 bedrooms and the request tonight is for the sewer commissioners approve the tie in. The line would be connecting at Pleasant Street going into a 27" PVC trunk line and the plans have been approved by Weston & Sampson. Selectman Hunt feels the sewer commissioners should be notified before applicants go to the ZBA; he thinks the process is wrong and would like to change it if possible. Chairman Richenburg thinks that there should be some type of written document at the start, pointing out that the sewer commissioners can reject a sewer connection and the proponent should be made aware of it since sewer connection is not a “carte blanche” issue. Mr. Kutcher said he felt it was a formality and pretty cut and dry and had no idea that the Selectman could reject a tie in. Selectman Knowles pointed out that the Attorney General is coming to Salisbury tomorrow and he plans on discussing this topic with him for he feels the Selectmen and the Planning Board have to have more say in what goes on in Salisbury.
Motion by Selectman Carroll, Second by Selectman Klima, to approve the sewer extension permit for the Bradku project on Ferry Rd. Discussion: Selectman Klima said he is not at all happy to be “under the gun” but State Law permits this tie-in and his understanding of the law is that there is no health issue and there is the capacity for this tie- and rather than vote against something, he personally feels the Board has no option but to approve it. Access fees will be paid and every living unit will be paying 1 EQR whether it’s an affordable unit or not. Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to amend the original motion as follows: to approve the sewer extension permit for the Bradku project on Ferry Rd. Subject to payment of the sewer and water access fees for every unit.
VII. Correspondence
· Invitation from the Great Meadows Tenants inviting the Board to their annual family day scheduled for July 16th from 9AM - 2PM with a rain date of July 17th.
· MMA Action Bulletin
· Letter from Vicki Brown informing the Board that she will not be seeking re-appointment to the License Commission since she is moving to NH. Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to send a letter of appreciation to Ms. Brown for her years of service.
·
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 Hunt requested that the street light patrol survey the town as he has noticed a number of lights are out. Mr. Harrington said he will talk to the Police Chief about that.
Selectman Knowles asked is the State or Town is responsible for getting the crosswalks painted in front of the Methodist Church. Mr. Levesque said he believes it is the Town and the State is responsible for the lights. Selectman Knowles than brought up the light on Beach Rd. at Ferry Rd. and that Larry Quinn at Assisted Living said he has spoken with Rep. Costello and Sen. Baddour who said there is a mechanism that can be put on the light to control it. Mr. Levesque said that Mass. Highway has stated that they cannot put any mechanism on those lights.
Mr. Harrington said the Town has the authority to control that light and the Police Dept. does change it to activate the pedestrian light on Sunday mornings for Mass.
Selectman Carroll asked about the possibility of changing the meeting schedule in the summer and have 1 meeting in July and 1 in August. Chairman Richenburg said along those lines the Housing Partnership has their needs assessment 99% complete and wants to make a presentation to the Board and was hoping to do so the 2nd meeting in July. He therefore suggested having a special meeting for them to do so.
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to meet on July 11th for a regular meeting, July 25th for a Special Meeting for the Partnership to make their presentation and on August 8th and to resume with the regular meeting dates in September.
Chairman Richenburg announced that the Town’s website has been updated and there are a number of position vacancies available and urged people to apply.
XI. Executive Session
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to move into Executive Session at 8:41 PM to discuss pending litigation, and to adjourn without returning to Regular Session. Those present will be: the Board of Selectmen, Town Manager Neil Harrington and Secretary Janet Flannery. Roll vote: Selectman Knowles - yes; Selectman Klima - yes; Selectman Carroll - yes; Selectman Richenburg - yes; Selectman Hunt - yes.
XII. Adjournment
Meeting adjourned after Executive Session at 9:00 PM.
Approved:______________________________
Fred Knowles, Clerk
MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - JUNE 13, 2005
WILLIAM HILTON CENTER
EXECUTIVE SESSION
PRESENT: Selectmen Henry Richenburg, Chairman, Robert Carroll, Ed Hunt, Jerry Klima, Fred Knowles
ALSO PRESENT: Neil Harrington, Town Manager and Janet Flannery, Secretary
Executive Session called to order at 8:48 PM.
Selectman Hunt requested this to get information on the Fire Chief. Mr. Harrington said Town Counsel is looking at what the Board can do and thought it would be good to bring Selectman Knowles up to date and consider what strategy the Board can take. He further stated that we are a party of interest. Chief Antonellis voluntarily applied for disability retirement and the Town supported it. The medical panel agreed to his disability but Essex Retirement did not. He applied again and the same thing happened, but we have not received the official notification as of yet. Chairman Richenburg suggested that once that is official the Board could have Atty. Bert Mason present the options to the Board and at that same time he would be the one to update Selectman Knowles. Selectman Hunt was satisfied with that.
8th Street East. When assessing betterments a few years ago the Board was concerned that if the Town lost the case how would we pay it. Town Counsel gave a time period to re-assess the value but Selectman Hunt thinks the time may have gone by. The Town did win the case, but Mr. Doyle appealed it and the Board would like Kopelman & Paige to let the Town know if action has to be taken prior to a ruling. Chairman Richenburg asked for background information on this since he and Selectman Knowles didn’t have any knowledge on this issue, and Selectman Klima said he didn’t have any either. Manager said he will request an update from Kopelman & Paige as to where the Town stands.
Motion by Selectman Hunt, Seconded by Selectman Carroll; Unanimously voted to move out of Executive Session and adjourn at 9:00 PM. Roll vote: Selectman Knowles - yes; Selectman Hunt - yes; Selectman Richenburg - yes; Selectman Carroll - yes; Selectman Klima - yes.
Approved:______________________________
Fred Knowles, Clerk