MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - OCTOBER 17, 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 Sept. 12, 2005, Sept. 26, 2005 and Oct. 3, 2005 (Regular & Executive Session)

Motion by Selectman Carroll, Second by Selectman Klima; Voted to approve the Minutes of Sept. 12, 2005.  VOTE: 4 yea’s - Selectman Hunt abstained.

 

Motion Selectman Carroll, Second by Selectman Hunt; Unanimously voted to approve the Minutes of September 26 and October 3, 2005 Regular session contingent on some minor typos being corrected.

 

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve the Executive Session Minutes of Oct. 3, 2005 as printed.

 

III.       Old Business

135 Beach Rd., Unit 217 - Right of First Refusal

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to remove from the Table.

This had been tabled in order to get more information as to whether or not the State was going to going to exercise it’s right of first refusal.  Since the last meeting the Town was informed that they were going to do so.  In view of that information the Selectmen declined the Town’s right of first refusal also.

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to have the Manager inform both DHCD and Atty. Waystack that the Town was going to exercise its right of first refusal regarding 135 Beach Rd. Unit 217.

 

Discussion of Beach Ballfield

Motion by Selectman Hunt; Second by Selectman Carroll; Unanimously voted to remove from the Table.  Selectman Hunt then asked that this item be put off until the next meeting for the engineers are presently in the process of drafting plans for the ballfield.

 

IV.       New Business

License Renewals:

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the renewal of an Arcade license to: Rusnik Campground - 115 Lafayette Rd. for 2005 and Black Bear Campground - 54-56 Main St. for 2006

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the renewal of a General license to: Black Bear Campground - 54-56 Main St. for 2006, Rusnik Campground - 115 Lafayette Rd., and Enterprise Rent A car Co. of Boston, Inc. - 193 Elm St. for 2005, and Black Bear RV’s - 54-56 Main St. for 2006.

 

b.  New Licenses:

Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to approve a General license to Mindsights Entertainment - 92 Atlantic Ave. On the condition that there be no employees, customers or clients on the premises.  This is for a home office only to book appointments.

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a General license to: Eric’s Solid Oak Furniture - 133 Elm St., Atlantic Leasing, Inc. - 11 Main St., Suite A, Parker Fence - 43 Main St., Salisbury Beverage Co. - 232 Lafayette Rd., Charisma Hair & Nail Salon - 8C Beach Rd., and Crystal Nails - 111 Lafayette Rd. Unit 2

 

c.  Committee Appointments:

Historical Commission - 2 vacancies - 1 applicant - Nancy Meehan

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to appoint Nancy Meehan to serve on the Historical Commission for a 3 year term.

 

Housing Authority - 1 vacancy - 2 applicants: Christine Gallison and Ralph Sweeney

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to place both names in nomination.  Roll vote: Selectman Carroll - Ralph Sweeney; Selectman Knowles - abstained; Selectman Klima - Ralph Sweeney; Selectman Hunt - Ralph Sweeney; Chairman Richenburg - Ralph Sweeney.  Ralph Sweeney was appointed to fill the vacancy on the Housing Authority.

 

d.  Update/Presentation: Planning Board/Town Planner Lisa Pearson

Larry Cuddire and Don Egan were presented: Larry reported that the day to day work has primarily been site plan reviews and ANR’s.  However, the biggest thing tonight is to present the rules and regulations that they have been working on for a year and he said a public hearing will be held in November in order to incorporate these into their present policies.  Don Egan said that over the course of the Summer they held several workshops with several developers involved who gave a good amount of input.

 

Lisa Pearson stated that there have been several changes in the Planning Dept. and she feels right now they have a strong staff.  Leah Hill is the new assistant planner and was instrumental in the finalizing of the draft rules and regs.  There is also a new Program Manager, Susan Yeames and she has been working very closely with the Heritage Trailer Park’s septic project.  Lisa Beaulieu who took over for Janet Hofmann is doing the administrative work.  There are currently ten housing development projects in process.

There is a new Conservation Agent and Ms. Pearson has been working hard with her to make the changeover.  Her department is also working hard on the industrial park sewer project and has submitted a capital improvement grant and is working with the State re: PWED applications.  Regarding the affordable housing aspect, since there are so many 40B’s they work with those re: the lottery and are working with people looking for grants for first time home buyers and getting Salisbury residents eligible and finding funding for the.

 

e.  November and December Selectmen Meeting Schedule

Motion by Selectman Carroll, Second by Selectman Klima; Unanimously voted to set the meeting dates for November and December as follows: November 7th and 21st and December 5th and 19th.

 

f.  DECM/Roland Coulliard Seeking Support of the Board for a LIP

A site plan and a handout were provided to the Board and Atty. Watsky, representing DECM requested the Board to approve a LIP Program consisting of 8 duplex homes for a total of 16 units located at 375 No. End Blvd.  He stated that the site plan has been through a lot of review by various agencies and there is an appeal pending, but he feels it will be resolved.  The Conservation Commission reviewed and approved 8 buildings in the past, which were 8 single homes, but the new plan is as presented tonight and they are meeting with ConComm Wednesday night.  A lengthy discussion ensued regarding the LIP Program, the new flood maps being updated and the size of the sewer pipes.  Motion by Selectman Hunt to accept the LIP.  Motion failed a second.

Chairman Richenburg said he is concerned with the lack of participation by ConComm and other Boards and thinks that the LIP is a better option than a 40B, but feels that by approving this the Board is taking the authority away from those other Boards.  Atty. Watsky pointed out they are still in the permitting process and the Selectmen’s approval of the LIP doesn’t take anything away from the ZBA or any other Board; the endorsement would only allow them to start the process.  Selectman Klima said this whole property has been under review by many Boards and he feels the Board needs more input before endorsing it; to move it forward without getting more input doesn’t seem right to him.  Atty. Watsky was asked if DECM would be willing to leave this open for a couple of weeks to allow more discussion to take place and he said they would be willing to continue discussion at the next meeting.  Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to continue this discussion at the next meeting scheduled for Nov. 7th.

 

g.  John Longo re: Kendell Lane Landscaping

Chairman Richenburg explained that he asked for this meeting as he has received several calls from tenants and the Board got a letter from a tenant outlining several complaints about the way the property was left after being tied into the sewer.  He further said the real endeavor tonight is to try and bring some closure to the things Mr. Longo had agreed to do.

Mr. Longo then said, first of all there were letters from two different tenants and after the first 14 units were hooked up, 11 eleven of those were loamed and seeded with 3 left to be done.  One of the areas that the people are not happy with is one where they have had to re-open, but they have gone in and re-loamed and re-seeded.  Mr. Levesque pointed out that he walked the site with Mr. Longo and a lot of the issues have been corrected, but not finished.  After the list was reviewed Chairman Richenburg said it appears that Mr. Longo feels comfortable saying everything will be done by October 31st and suggested that everything be done by then and if Mr. Levesque has the chance to check it out that they both return on Nov. 7th to report that everything is done to Mr. Levesque’s satisfaction.

Motion by Selectman Carroll, Second by Selectman Klima; Unanimously voted to have Mr. Longo complete all work by October 31st, notify Mr. Levesque in writing that everything has been completed and then Mr. Levesque will inspect the premises and return on Nov. 7th to address and report that they are 100% completed.

 

V.        Comments by Visitors

Tim Lamprey of Harbor Gardens addressed the Board re: the heavy rains flooding Bridge Rd. Behind his greenhouses and across the street in Hudson’s boat yard.  He asked who is responsible for taking care of the problem.  He feels it is a two-fold major problem: the creek behind his business needs to be dredged out and the town creek behind David’s fish market.  He said he understands that if the ConComm declares it an emergency situation then the State will come in and move quicker to correct the problem and he is looking for the Selectmen to work with the people to try and get the problem resolved as soon as possible.  Selectman Klima said he is very concerned with this also and that Don Levesque, himself, the MBTA, Army Corps, DEP and CZM did meet on this and the MBTA has agreed to work with the Town to restore the rail bed and their hope is to restore the dam before winter which will help.  Mr. Levesque was asked to leave a report for the Board on Friday to keep them abreast of what is planned as to the outcome of the meeting.  Mr. Levesque said to get the State to clean the culverts the Town can go to the office on Scotland Rd. and tell them the problem and then have the Manager send a letter to the State Rep which will move things along.  Chairman Richenburg asked Mr. Levesque to request Scotland Rd. To look at the situation and help us out and then take the next step if necessary.

 

Lisa Pearson on behalf of Triton Youth Hockey requested permission for them to collect in the Square the week-end of Oct. 22nd.  Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to grant permission as requested.

 

VI.       Sewer/Water

Selectman Hunt said he saw some things being done by Weston & Sampson on Old County Rd. That he didn’t think was right and asked Mr. Levesque to check it out.

 

VII.     Correspondence

·                      Chamber of Commerce Monthly Meeting notice of their meeting at Connie’s Stagecoach on October 20th at 6:30 PM.

·                      Memo from the Division of Marine Fisheries re: Public Hearings scheduled for their upcoming regulation changes.

 

VIII.    Hearings -

7:30 PM - Pole Hearing - Bridge Road

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to open the hearing at 7:50 PM.

Jeff Gleason, Right of Way Agent for Verizon addressed the Board requesting approval to remove one pole and place a new pole to accommodate a new entranceway for a bank that is to be built.  The DPW Director has approved the request.  Discussion was held regarding the placement of the new pole for the Board would like to see the pole on the property side of the sidewalk and not in the middle of the sidewalk.  Motion by Selectman Klima; Second by Selectman Hunt; Unanimously voted to continue the hearing until the next meeting at 7:30 PM and request that Verizon check to see if the pole can be placed on the inside of the sidewalk.

 

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:

·                      Said he would like the issue of the sandbags at the north end of the beach to be kept on the burner.

·                      Asked if the town pier has been surveyed on the boundaries and Mr. Levesque said he had a verbal update today and the survey has not been completed and as soon as it is he will be able to give the Board a full report.

·                      Condition of the town properties; sidewalks, overgrown brush, trees, etc.  Mr. Levesque said right his department is heavily involved with paving and patching and right now they are at Kendell Lane.  The priority right now is paving and as soon as that is done he will get to the brush cutting, etc.

·                      Regarding the property on Sweet Apple Tree Lane that the Town wanted to take over has been let go and become a dumping ground.  He would like to have a letter sent to Fish & Wildlife to have it cleaned up; Manager said he will get the letter done.

 

Chairman Richenburg said per the Charter a Town Meeting is required in the last quarter and suggested Dec. 12th as a date.

Motion by Selectman Knowles, Second by Selectman Klima; Unanimously voted to schedule the Town Meeting for December 12th at 7:30 PM in the Elementary School.

Chairman Richenburg further stated that he thought the Fire Dept. did a wonderful job at their open house to spite the rain last week-end.

 

XI.       Executive Session

Motion by Selectman Richenburg, Second by Selectman Carroll; Voted to move into Executive Session at 10:04 PM for the purpose of discussing strategy with regard to negotiations for an agreement relating to access and use of town-owned property and a related Tax Increment Financing Proposal and that the Board not re-convene in public session.  Those present to be: the full Board of Selectmen, Town Manager Neil Harrington, Secretary Janet Flannery and DPW Director Don Levesque.

Selectman Knowles objected to going into executive session for this purpose as he didn’t feel it fell under the reasons for doing so.  Mr. Harrington respectfully disagreed as the purpose was legitimate for doing so.  Roll vote: Selectman Knowles - no; Selectman Klima - yes; Selectman Carroll - yes; Selectman Richenburg - yes; Selectman Hunt - no.  Motion carried.

 

XII.     Adjournment

Meeting adjourned after Executive Session at 11:18 PM.

 

Respectfully submitted:

Janet Flannery, Secretary

 

 

Approved:______________________________

     Fred Knowles, Clerk