MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - NOVEMBER 21, 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.
Chairman Richenburg then called for a moment of silence in memory of Roger Shaheen who passed away earlier today.
II. Acceptance of Minutes
Minutes of October 17, 2005 (regular & executive session) and October 24, 2005 Executive Session
Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to approve the Minutes of Oct. 17, 2005 (regular & executive session) and the executive session of Oct. 24, 2005 as printed.
III. Old Business
DECM/Roland Couillard Seeking Support of the Board for a LIP
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to remove from the table.
Manager reported that he met with the Planning Board on Nov. 9th to discuss the results of our negotiations with Mr. Couillard re: his original 9-lot subdivision on No. End Blvd. The key issue is whether the Planning Board will agree to re-consider its previous denial of Mr. Couillard’s request for a waiver from the Board’s regulation requiring that subdivision roads be paved. Failure to reach agreement on this issue will result in Mr. Couillard seeking a vote from the Selectmen to approve his submittal of a Chapter 40B LIP project at the same site. While no final resolution of the matter has been reached, the Manager said he believes we are close to a settlement of it not being a 40B project. Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to keep this on the table.
IV. New Business
License Renewals:
Motion by Selectman Carroll, Second by Selectman Klima; Unanimously voted to approve the renewal of a Common Victualer license for: Cristy’s Pizza, Inc. - 5 Broadway and 11B Broadway (2 licenses), Ring’s Island Marina - 14 First St., Sylvan Street Grille - 195 Elm St., Dunkin Donuts - 192 Elm St., and Kitten’s Gentlemen’s Club - 99 Bridge Rd.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF NOV. 21, 2005
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to approve renewal of a General license for: Knight Motorcycle Sales - 41 Main St., Darlene F. Cady - 83B Elm St., Rings Island Marina - 14 First St., American Landscaping - 68 Folly Mill Rd., Breakwater Boat Sales, Inc. - 161 Bridge Rd., All Around Gymnastics - 5A Fanaras Dr., and Atlantic Floor Covering, Inc. - 114 Elm St.
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to approve renewal of a Class I license for: G&G Cycle, Inc. - 142 Lafayette Rd., and Ryder Transportation Services, Inc. - 74 Main St.
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to approve renewal of a Class II license for: Chris Auto Body - 100 Elm St., Harry’s Auto Repair - 27 Elm St., Causeway Enterprises, Inc. - 77 Bridge Rd., and Automotive Services of N.E. Corp. D/b/a Salisbury Superstore - 76 Elm St.
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to approve renewal of a Class III license for Causeway Enterprises, Inc. - 77 Bridge Rd.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve renewal of a Repair license for: Black Death Restorations - 25 Atlantic Ave., Black Death Cycle - 41 Main St., Salisbury Auto Repair, Inc. - 193 Elm St., Unit 3, Buddy’s Garage - 79 Lafayette Rd., and Simmie’s Garage - 2 School St.
b. New Licenses:
Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to approve a General license for Tri-Clean Systems - 163 Bridge Rd.
National Sales - 10 Main St. Requested a transfer of a Class I license from the prior owner. They will be dealing primarily with new cars and buying surplus new cars at auction. After some discussion the general consensus of the Board was that they needed more clarification as to the contract that the applicant has with the automobile manufacturer.
Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to table until the next meeting in order to get an opinion from Town Counsel as to whether or not the agreement the applicant has with Daytech which applies to motorcycle parts, is applicable to the Class I license. The applicant was requested to bring a copy of the agreement to the next meeting.
c. Committee Appointments
Affordable Housing Trust - 1 opening - 1 applicant: Rodney Cook
Motion by Selectman Carroll, Second by Selectman Klima; Unanimously voted to appoint Rodney Cook to serve on the Affordable Housing Trust.
MINUTES OF THE BOARD OF SELECTMEN MEETING OF NOV. 21, 2005
License Commission - 1 opening - 1 applicant: Brian McMenimen
Motion by Selectman Carroll, Second by Selectman Klima; Unanimously voted to appoint Brian McMenimen to the License Commission for a term to expire 6-30-08.
d. Update/Presentation: Board of Health and Health Agent
Lou Masiello, Chairman of the Board of Health gave an overview of some of the things his Board does and what their responsibilities are and reported that they still have one vacancy on the Board. He feels it is a well rounded Board and they all work very good together. Some of the responsibilities entail licensing of the restaurants, pre-packaged food establishments, mobile home park, campgrounds, body art salons and tanning salons. They also review site plans that come to them from the Planning Board and septic design is another area and Title V compliance. His Board will be putting on the Health Fair and this will be the 3rd one which is set for March 18th; he thanked Marie Blais at this time for all her work on the fair. He hopes to get the web site updated with more helpful information for the public and plans on reviewing the fee structure and possibly updating it. However, the most important thing right now is the Emergency Management Health Plan which Linda Firth is working on with Mr. Baxter. A medical reserve corps of volunteers will be required as part of the Plan so they will be looking for people to serve on that in the future.
Selectman Hunt asked Mr. Masiello if the BOH gets involved with abandoned buildings and he said he would let Mr. Baxter respond to that.
At this time Health Officer Horace Baxter gave his update and stated that the BOH gets involved with abandoned buildings, but not as much as the building inspector. However, they do become involved if there is a sanitary and/or health problem. He then reported that his office is comprised of himself and a very efficient secretary, Marie Blais. Most issues are regulatory in nature and their task is to supply the Board of Health with all support documentation and guidelines so that the members can make proper decisions.
Medical complaints receive top priority attention. All calls and e-mails that come in are logged in and kept in a bound book per state statute. His office has received over 4,000 calls last year and 1,500 e-mails, most of which require a call back. He conducted 165 food inspections last year, over 40 perc tests and 220 septic inspections were done last year. He also reviews building permits on septic plans for new construction and has an annual workshop for septic installers. This year his office facilitated over 350 shots in the flu shot clinic. In closing he thanked the present Board and commended them for being the most professional board he’s worked with.
e. Vote to Approve 2006 Election/Town Meeting Calendar
Motion by Selectman Carroll, Second by Selectman Klima; Unanimously voted to approve the 2006 Election Calendar as presented by the Town Clerk.
f. Vote on Warrant Article re: Lafayette Road Zoning
Selectman Klima said the Lafayette Road Sewer Study Committee has been working in looking at the density of Lafayette Rd. and the committee would like to have the existing Zoning Review Committee review the potential cost of the scope of the project and he is proposing that an article be put on the Warrant to appropriate $10,000 from free cash.
Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to place an Article on the upcoming Town Meeting Warrant to appropriate $10,000 from free cash to review the zoning in the Lafayette Road corridor.
g. Community Preservation Act
Selectman Klima said a presentation was made about 2 weeks ago as to how the Community Preservation Act works. It’s a relatively new law and a basic way for a community to raise money by adding a little bit to the tax rate (1% - 3%) and that money is put into the preservation act fund and the State matches that amount. The money can be used for open space and recreation such as the ballfields or other open space activity, historic renovations such as the Town Hall or Pike School and housing. Based on the presentation it seems like it deserves serious study and he would like to see if it would work in Salisbury. It first has to be approved at Town Meeting and then at an election. Selectman Klima proposed that the Town Manager select a study committee to evaluate the CPA and make a recommendation to the people at Town Meeting.
Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to create a committee to be chosen by the Town Manager to evaluate the CPA and make a recommendation to the townspeople at the May Town Meeting.
It was suggested that there be 5 - 7 members and possibly have the assessor involved in some way, and a member from the recreation committee, housing and historic commission. Chairman Richenburg suggested looking toward having an open workshop in late February. He felt 5-7 members would be a workable number, but would leave it up to the Manager.
h. Selectmen’s Meeting Schedule for 2006
Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to have the Selectmen meetings on the 2nd and 4th Monday in January, February and March, 2006.
V. Comments by Visitors - none
VI. Sewer/Water
Sewer Access Fee Refund
Mr. Harrington submitted a request for a sewer access fee rebate from a resident who had paid $2,815 in October but later found out he had not been required to do so since his septic system works fine and he has not hooked up to the sewer.
Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the refund.
VII. Correspondence
· Letter from Joanne Clarke informing the Board of her resignation as Registrar, effective immediately.
· Letter from Ron Christ resigning from the Planning Board, effective immediately.
· 3 letters of commendation from the Police Chief to: Kris Harrison, Terry Sullivan and Robert Roy for the way they handled a recent 911 call resulting in saving a man’s life.
· Notice re: the annual Christmas Decorating Contest. Also the tree lighting to be held on Sunday, Nov. 27th at 7:00 PM.
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:
· Concerned with the erosion at the beach. He’s reviewed it several times since the last storm and feels the Town has to get proactive before anything happens and thinks we have to make our legislators aware of the problem and see if they can secure federal funding to get some of the sand back. He feels we should get in line and get some funding in the future and would like the Town to make an effort to get whatever funding they can.
· He believes the Water Company contract expires in FY07 and thinks we should set a committee in place to see if it feasible to have the Town take it over and operate it. Chairman Richenburg suggested having the present Water Advisory Board take this on initially.
· Landscape Xpress - there are some problems with odor and he thinks something has to be done and would like this looked into and some samples taken and checked. Chairman Richenburg said he would like to have some documents and historic background as to how many complaints have been received. Mr. Baxter said he has had difficulty locating the odor when called about it. When this happened in the past the owner was called in to the BOH meeting and was asked to come up with a protocol as to what he was going to do to take care of the problem and this may very well be a BOH issue. He stated that when he was at the site he met with the manager and he stated that whenever he smelled the odor he immediately used a solution and the odor was gone, but the problem sets in when he turns the material over. Chairman Richenburg suggested that this be referred to the BOH to review the situation and call the owner in if necessary and then report back to the Selectmen.
· Learned Lane - has a problem with the way it is metered and Selectman Hunt feels the Town has to go into Learned Lane to see if meters can be installed on the homes; he feels where water has been there prior to purchasing the water company and the infrastructure was in the ground at that time, the Town has some responsibility in the piping in the ground and using the enterprise fund the Town could possibly start on some of these residences to help upgrade the piping. Chairman Richenburg said if that is the case the residents maintain the main and his concern is that the Town would have to pay for it. Selectman Hunt thinks it would be beneficial to the Town to start upgrading some of the private roads. It was suggested that Selectman Hunt bring a petition forward as a water commissioner to have the Town look at it. He agreed to initiate the petition.
XI. Executive Session - none
XII. Adjournment
Motion by Selectman Klima, Second by Hunt; Unanimously voted to adjourn at 9:08 PM.
Respectfully submitted:
Janet E. Flannery, Secretary
Approved:______________________________
Fred Knowles, Clerk