MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - AUGUST 8, 2005 - 7:00 PM
WILLIAM HILTON CENTER
PRESENT: Selectmen Henry Richenburg, Chairman, Robert Carroll, Ed Hunt, Knowles, Jerry Klima, and Fred Knowles
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 - none
III. Old Business - none
IV. New Business
License Renewals:
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to renew a Common Victualer license to the Carousel Lounge - 20 Ocean Front S.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to renew a General license to: Hairstyles by Michele - 50 Elm St., and Affordable Moving & Storage, Inc. - 166 Lafayette Rd.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew a Parking Lot license to: Driftway Parking - 6 Central Ave. and Carefree Parking - 19 Central Ave.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew a Sunday
license to the Carefree Arcade - 20 Ocean Front S. and 14 Ocean Front S. (2 licenses).
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew an Arcade
license to Carefree Arcade I - 14 Ocean Front So. and Carefree Arcade II - 20 Ocean Front So. (2 licenses)
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew an Entertainment license to: Carousel Lounge, Inc. - 20 Ocean Front So. for video/pool table and Bank/Juke Box (2 licenses) and to the Winner’s Circle - 211 Elm St. for a Juke box
MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUGUST 8, 2005
b. New Licenses:
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a Common Victualer license to the 4-D Restaurant - 183 No. End Blvd.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a General license to: Open Concepts, Inc. - 107 Elm St., and Express Nail - 2 Elm St.
c. Committee Appointments - none
Route 1 Sewer Study Committee - 1 vacancy - 2 applicants
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to place the following 2 names in nomination: Steven Nichols and Jerry Klima.
Roll vote: Selectman Carroll - Jerry Klima; Selectman Hunt - Steven Nichols; Selectman Knowles - Jerry Klima; Selectman Richenburg - Jerry Klima; Selectman Klima - Jerry Klima.
By a vote of 4 - 1 Jerry Klima was appointed to serve on the Rte. 1 Sewer Study Committee.
d. Presentations/Updates
Conservation Commission - In the absence of Chairman Rick Whaley, Iora Alexander reported they have 6 members with 1 vacancy. She feels it’s a cohesive Board working well together. Meetings are held on the 1st and 3rd Wednesday of each month and they deal with approximately 10 - 15 applications at each meeting, plus approving new building permits. On a yearly basis they deal with 200 to 300 applications. In April the Commission attended a workshop re: Mass. Wetlands Restoration. The current 2 problems facing the Commission are: asphalt on driveways and impervious surfaces under buildings.
Assessor’s Office: Cheryl Gillespie reported that she received the 2005 State Certification on the state owned land and that the tax dollars will be reflected on the 2007 cherry sheets. The value of this land is $27,100,200 which is a little over $14M more than the initial appeal. There are 113 easement parcels in the Town and about 30 or 40 of those are the State’s. Her department has been working diligently with the Planning Dept. on the new maps, as well as with the DPW to get utility areas overlaid and the Health Dept. is providing septic information to show overlays on the maps. As for the computers, 18 have been updated in the Town. All goals have been met as required by the Management Report and the data base can be accessed by going on www.Patriot Properties.com and this is working well and is updated weekly.
The DOR is scheduled to come in the first week in November and they are anticipating a preliminary certification approval will be available, and she hopes to hold the Classification Hearing at the Selectmen’s Meeting of December 12th.
Selectman Hunt asked why there is no breakdown on the land, buildings, etc. Ms. Gillespie explained that those are preliminary bills based on one-quarter of the previous years taxes which is for the first 6 months of the new fiscal year; the 3rd & 4th quarters are the actual bills and valuations, etc. are listed.
e. Colechester Development Proposal Presentation - Ron Laffely
Ron Laffley of Fulcrum Architects presented a proposal of a beach development under the new beach zoning bylaws passed at Town Meeting. This is a mixed-use building on the site of Lena’s sub shop on No. End Blvd. consisting of luxury condos and commercial space. He has made a preliminary review with both the Planning Board and Conservation and is now hoping to push the process along. He requested that a temporary committee be appointed comprising of the Planning Board Chairman, Mr. Hughes from Conservation and Mr. Lamprey from the ZBA. He feels these individuals have been on these Boards for some time and all have a good understanding of what needs to be done. The Manager pointed out that the Selectmen do not appoint this committee, he is responsible for doing so and he would like to make the appointments on his own. He wants to develop some form of consistency in the Committee so that they will serve on several of the upcoming projects and not just this one.
Overall the Selectmen saw the project as exciting but several hoped that the developers would meet together so the beach revitalization would have a unified appearance. Selectmen Carroll said he felt the beach developers should open a dialogue so the new development wouldn’t look like a “hodge- podge of different styles. Selectman Hunt said he thought all the people who own the large parcels of beach district land should sit down together so their designs can all be on the same page. Mr. Laffley said that people don’t often agree and didn’t think everything should look the same, like a cookie cutter. In closing, Chairman Richenburg said he’s excited overall with what he’s tonight and he urged the Manager to get the committee in place.
f. Peter Abair - Mass. Development Presentation
Mr. Abair gave an overview of the Economic Development Incentive Program, a copy of which is attached and made part of these Minutes.
V. Comments by Visitors - none
VI. Sewer/Water
a. Alison Dembowski - 4 Elizabeth Lane re: Appeal of Water Access Fee
The reason for the appeal is that Ms. Dembowski feels she fell on the cusp as to when the access fee was put in place and that she didn’t know anything about the fee until she applied for her occupancy permit. Selectman Carroll explained that these issues have come up before and the criteria is if someone became a customer of the Water Company prior to the effective date of the regulation they would not have to pay the access fee. He further stated that based on her claim she does not fall under either case.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to schedule a public hearing for Sept. 12, 2005 at 7:30 PM on the water access fee appeal.
b. Mark Sullivan - 4 Michelle Dr. Re: Appeal of Water & Sewer Access Fees
Mr. Sullivan’s request was actually for a waiver to allow him to pay the fee at a later date and explained he knew nothing of the fee until he applied for his occupancy permit. He had the house built and it’s is ready for occupancy and his brother and wife who is expecting a child is moving in with him as they have no place to go. He agrees he owes the fee and is willing to pay it, but cannot do so until he sells a vehicle.
Selectman Hunt said he would like to have the Manager contact Town Counsel to see what action the Board can take and then authorize the Manager to make an agreement with proper security for payment on a deferred basis.
Motion by Selectman Klima, Second by Selectman Hunt; Voted to authorize the Manager to negotiate an Agreement to defer payment of the water access fee for Mr. Sullivan subject to obtaining security that is satisfactory to the Manager and Town Counsel. VOTE: 4 yea’s - Selectman Carroll opposed. Motion Carried.
Again, Mr. Sullivan agreed that he owes the money and will pay.
Selectman Carroll was opposed for he feels it is a bad move on the part of the Selectmen and they will be faced with situation time and time again and for that reason could not vote in favor of this motion. Chairman Richenburg feels in cases like this the Board has to work with the people and need to be open to help fellow citizens so long as the Town is protected.
c. Jeanne & Jose Arango - re: sewer connection at 67 Lafayette Rd.
Mrs. Arango explained she and her family have been living in her “family” home at 67 Lafayette Rd. and is considering building a home on an adjacent lot but it didn’t pass the perk tests. Therefore their only option is to tie in to the sewer. It was then pointed out that any property the Board has allowed to tie in has been a case of a failed system at an existing dwelling and that is not the case here. Mr. Levesque said the only way this could be done would be to allow her to tie into the Allen Drive system. It was the general consensus of the Board that they have allowed the tie in’s in the past and if there is any way this can be allowed they would like to permit it.
Chairman Richenburg said he would like the Arango’s to look into a shared leaching system with the idea of eventually tying in to the system. He also pointed out that if they do tie into the Allen Drive system they would have to agree to pay access fees and willing to pay a betterment fee. It was left that Mrs. Arango look at her options and come back with a proposal at a future date.
d. DPW Director re: Demo Permit for Gorman Development on No. End Blvd.
Mr. Levesque explained this is the old State Line property and they are ready to tear the building down. Part of the process to demolishing the building is that there are certain sign-off’s and he received it last week and refused to sign it until he came before the Board tonight as the sewer commissioners. He needs to know the Board’s take on this particular piece of property when it comes to him signing off. This is the property that the Board told Mr. Gorman that he could not tie into the sewer until the Town receives EPA approval.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to authorize Mr. Levesque to sign off on the demolition permit subject to him providing a written notice to the developer that no new connection is to be done without the prior approval of the sewer commissioners and no tie in to that service can be done until EPA approves it.
VII. Correspondence
· Notice from the Division of Marine Fisheries re: the shellfish flats being open,
· Information from Mass. Technology Collaborative re: Clean Energy Choice.
· Suburban Coalition Notice.
· MMA Action Items re: Municipal Health Costs.
· Letter from Jeanne Perrault resigning from the Cable Advisory Board.
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:
· Re: the Fish & Wildlife, he would like a letter sent to the Director, Mike Hickey requesting a status report of the Merrimack River shell fishing.
· As to the wash-out of the railroad tracks, he asked how much footage is involved. Selectman Klima said what happened during the last big storm is the tide went over the tracks and a substantial amount of fill washed into the creek and when the tide came up it permitted more flooding. The track is the property of the MBTA and he has been in touch with his contacts for them to restore and maintain the tracks.
· Memorial School - there seems to be a maintenance issue and he has received many calls complaining about the condition of the property and building. He believes it is the Town’s responsibility to keep it in good appearance, etc. Mr. Harrington said routine maintenance is the responsibility of the tenants – Selectman Hunt suggested a letter be sent to them requesting them to take care of the problems.
· There is a new 40B project off Beach Rd. East to the beach and since it has been put in the small park has not been maintained. He then requested that the DPW Director look at the property and see what has to be done.
· What is going on with the extended hours at the Library? Mr. Harrington said it is in the union contract proposal.
· Status of Police Chief Appointment: Mr. Harrington said he’s discussed it on numerous occasions with Sen. Baddour and Rep. Costello and no decision has been made yet in the Legislature.
· Hot topping of the roads. Mr. Levesque said the bids were just opened for hot topping and he’s recommending that Brox be awarded the bid. He will be meeting with them to set a schedule and hopes to have everything done before school starts.
Chairman Richenburg received a letter from Paul Doyle re: the Selectmen meeting with the License Commissioners. It was agreed that they meet 30 minutes before the next meeting. He also h ad a number of complaints about the condition of Long Hill Cemetery and the Manager said Mr. Levesque got the prisoners down there for 3 days and they took care of it last week-end. Chairman Richenburg also pointed out that the Town is in the process of working with the present trustees and taking it over. Mr. Harrington said the Town has to look at the Trust and find out what legalities are involved.
XI. Executive Session - none
XII. Adjournment
Motion by Selectman Klima, Second by Hunt; Unanimously voted to adjourn at 10:20 PM.
Approved:______________________________
Fred Knowles, Clerk