MINUTES OF THE BOARD OF SELECTMEN MEETING

MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - MAY 8, 2006 - 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 April 10, 2006 Regular and Executive Session

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve the Minutes of April 10, 2006 for both the regular and executive sessions as printed.

III. Old Business - none

IV. New Business

License Renewals:

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the renewal of a Repair license for Bill’s Auto - 32 Pike St.

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the renewal of a Common Victualer license for: 4-D Restaurant - 183 No. End Blvd., Jilly’s Bistro Pizza - 8 Broadway, and Fishtale Diner - 179 Bridge Rd.

b. New Licenses:

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve a General license to Glowing Promotions - 191 Bridge Rd.

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a Repair

license for Salisbury Auto Repair - 3 Bridge Rd. (Change of address)

c. Committee Appointments - none

d. Update/Presentations: Horace Baxter, Health Officer and Board of Health Chairman Louis Masiello

Mr. Masiello gave a brief overview of some of the Board of Health responsibilities which include issuing licenses and permits to: restaurants, hotels, pools, wells, campgrounds, and inspects septic systems both new and upgrades, etc. They also review site plans sent to them by the Planning Board and Conservation. He also touched on “new initiatives” such as the Health Fair which was held recently and very well attended. Other new initiatives would be updating the septic design criteria to be consistent with the wetland regulations; also, they are close to getting their own regulations for private wells ready for publication; they are reviewing their fee schedule which has not been updated for some time; getting involved more and more in training and finally a lot has been done with emergency planning but theirs is more needed.

Mr. Baxter stated that due to the fact that there wasn’t much “killing frost” this past winter, the mosquitoes are going to be a big problem. However, the Town is all set as far as the spraying goes. He also announced that he is exploring an initiative to do a monthly talk show on access TV which will be a very good means of community communication. It will be educational and informative and will have guests discussing health issues that mean something to the public. As for the latest initiatives, he just completed the licensing of septic installers; arranged for a credited course in certifying safe food handling, as well as a choke saving class through the National Red Cross.

e. Verizon - Set Public Hearing Date for Underground Conduit on First St.

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to set a public hearing on Monday, May 22, 2006 at 7:30 in the Hilton Center.

f. Update on 241-245 Lafayette Rd. (McKenna Property)

Mr. Harrington reported that the property is still in tax title. Essex Capital Partners has done work on the site, but is still unable or willing to pay the back taxes and is waiting for the amnesty to pass. Which would mean that taxes before 1991 would not have to be paid, but anything from 1991 forward would have to be.

g. Report on Town Manager’s Evaluation

Each Selectman evaluated the Manager and scored him in 3 general area on a scale from 1 to 10 with 10 being the highest. The areas and scores received were: 9.36 for general administration, 9.8 for external relationships, and 9.76 for personal characteristics. He was also praised for his communication skills with town boards, state officials and the public; also for his efforts on behalf of the beach district re-zoning, improvement with the town’s finances, the successful negotiating of union contracts and following through on priorities set by the Selectmen. Chairman Richenburg congratulated Mr. Harrington on his “outstanding” performance over the past year.

V. Comments by Visitors - none

VI. Sewer/Water

VII. Correspondence

· Chamber of Commerce notice of their monthly meeting scheduled for May 18^th at the Hungry Traveler.

· MBTA Advisory Board Meeting notice for May 30^th in Boston.

· DHCD Memorandum re: Monitoring of Chapter 40B Developments.

· MMA Action Bulletin re: the lottery.

VIII. Hearings -

7:30 PM - Verizon Pole Hearing

Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to open the Hearing at 7:30 PM.

Joseph Gleason, Verizon Right of Way agent requested permission to place one new pole on the south side of Beach Rd. to service a new NationalGrid sub-station at that location. He also informed the Board that they had also petitioned and secured a permit from Mass. Highway since this is a State road.

Motion by Selectman Carroll, Second by Selectman Knowles; Unanimously voted to close the hearing at 7:38 PM and grant permission as requested.

7:45 PM - Proposed Extension of Sewer on Forest Rd.

DPW Director, Don Levesque stated that between Rt. 1 and Schoolhouse Lane there was interest in having sewer installed in that area. They went before the Sewer Commission who looked at different phases and found there was not much interest from Schoolhouse Lane residents, but there was in the subdivision on Garafalo Drive area. Presently there are 4 connections involved and he has spoken to all parties involved, specifically numbers 5, 6, and 7 Forest and a vacant lot. He gave an estimate of betterments being $20,000 and connecting fees anywhere from $2,000 - $5,000. Freeman Condon of 6 Forest Rd., and speaking also for 5 and 7 Forest Rd. Residents stated that there is desperate need of sewer in that area and they are willing to pay for it and urged the Board to support the request.

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to close the hearing at 7:55 PM.

Motion by Selectman Klima, Second by Selectman Carroll; Unanimously voted to approve the plan for sewer on Forest Rd. as outlined above.

8:00 PM - Water Access Fee Appeal - BRCAS, Inc. - 25 Fanaras Dr.

Motion by Selectman Hunt, Second by Selectman Carroll; Unanimously voted to open the hearing at 8:00 PM.

Charles Whitney, General Contractor for BRCAS explained that in October of 2005 he received a building permit to build a warehouse (with no plumbing) to an existing structure in the industrial park and when he went back to get an occupancy permit he was told he would have to pay a water access fee and then file for an appeal. He didn’t feel he should have had to pay this fee since there is no plumbing and the water usage would not increase. Mr. Levesque explained how and why his department came up with the dollar amount which was based on square footage. Mr. Whitney pointed out that there is already water in the building, but the addition is a cold storage warehouse with no increase in employees or water discharge. Selectman Carroll pointed out that because the addition was on and there is a sprinkler system, there is always the potential for expansion of bathrooms. Further discussion ensued and Mr. Levesque pointed out that Mr. Whitney is the contractor and only the owner can say if there are plans for more employees, bathrooms, etc.

Chairman Richenburg said he things the rules and regulations are good and some safety gaps are in them to protect the owner if they are being over-charged and under the present circumstances there is a law that protects both the owner and the Town.

Motion by Selectman Carroll, Second by Selectman Hunt; Unanimously voted to close the hearing at 8:40 PM.

Motion by Selectman Hunt, Second by Selectman Knowles; Voted to approve the abatement of the water access fees. VOTE: 2 yea’s - 3 Opposed. Motion failed.

Mr. Whitney was informed that the owner can still make application for a reduction in the fee based on consumption.

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 Klima gave the Board members and Manager a draft of the questionnaire for people to respond to as a basis for receiving funds for the rail trail.

Chairman Richenburg personally thanked Selectman Carroll for his years of service on the Board, stating he was a mentor to him especially during his first year on the Board. He then presented him with some “tokens” of appreciation. Each Selectman then wished Selectman Carroll well and congratulated him on his accomplishments, and in particular his work and efforts pertaining to the purchase of the Water Company.

Selectman Carroll said serving on the Board has been a most rewarding experience he’s had and will always remember. He believes he Town has made remarkable progress and he feels fortunate to have been a part of that. He also credited past Boards and past managers, but especially Mr. Harrington, as well as Dept. Heads, employees and volunteers.

Chairman Richenburg reminded the public that tomorrow is election day and urged everyone to get out and vote for it is everyone’s right and duty to vote. He also announced that the Memorial Day parade is going to be held on May 29^th at 10:00 AM and asked that everyone come out and support our troops.

XI. Executive Session - none.

XII. Adjournment

Motion by Selectman Klima, Second by Hunt; Unanimously voted to adjourn at 9:00 PM.