MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - AUGUST 7, 2006 - 7:00 PM

 

WILLIAM HILTON CENTER

 

PRESENT:     Selectmen Henry Richenburg, Chairman, Ed Hunt, Jerry Klima, Fred Knowles, and Donald Beaulieu

 

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 July 10, 2006

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to accept the Minutes of July 10, 2006 with 2 minor corrections being made on page 5.

 

III.       Old Business

General Licenses:

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

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a General license to: Alterations Plus - 124 Lafayette Rd., and Mona’s Monogramming - 35 Dock Lane.

 

IV.       New Business

License Renewals:

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew a Common Victualer license to: Chef Howie’s Hobo Café - 5 Broadway and Bevie B’s Seaside Bar - 3 Broadway

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew a General license to Nellie’s Lot - 32 Railroad Ave. for the operation of a parking lot.

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew a Entertainment license to Bevie B’s Seaside Bar - 3 Broadway for 2 pool tables.

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to renew a Sunday license to: Carefree Arcade - 6 Ocean Ft. S. And 20 Ocean Ft. S. (2 licenses).

 

 

 

MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUG. 7, 2006

 

b.  New Licenses:

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

Victualer entertainment to Ruby’s Kitchen - 136 Rabbit Rd.

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a General  license to: Doc Bulldog, LLC d/b/a Broadway Cup A “Joe” - 1 Broadway; Lawrence K. Eaton d/b/a Eaton’s Old Time Prints - 194 Lafayette Rd. Lot 27E; Extra Space Storage #267 - 143 Lafayette Rd. for the sale of locks, boxes and packaging supplies; Extra Space Storage #267 - 143 Lafayette Rd. for self-storage; Merrimack Valley Essentials - 11A Beach Rd., and Cambridgeport Air Systems - 8 Fanaras Dr.

 

c.  Committee Appointments:

License Commission: 2 openings - 4 applicants: Ernest Sofia, Stanley Brown, John Guerin and Gilbert Medeiros

Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to place all names in nomination.

Roll vote - 1st opening: Selectman Knowles - Stanley Brown; Selectman Beaulieu - John Guerin; Selectman Hunt - John Guerin; Selectman Klima - Stanley Brown; Chairman Richenburg - John Guerin.  By a vote 3 - 2 John Guerin appointed to serve for a 3 year term expiring 6-30-09.

 

Roll vote - 2nd opening: Selectman Hunt - Gilbert Medeiros; Selectman Klima - Stanley Brown; Selectman Knowles - Stanley Brown; Selectman Beaulieu - Gilbert Medeiros; Chairman Richenburg - Gilbert Medeiros.  By a vote of 3 - 2 Gilbert Medeiros appointed to serve for a 3 year term expiring 6-30-09.

 

Historical Commission: 2 openings - 1 applicant: Carolyn Sargent.

Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to re-appoint Carolyn Sargent for a 3 year term expiring 6-30-09 and to post the remaining opening.

 

Council on Aging: 1 regular opening and 1 alternate - 1 applicant for each position.

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to appoint Carold Thibodeau for the alternate position and Maryann Chase to the 3 year term expiring 6-30-09.

 

Rent Control Board: 1 opening - 1 applicant: Kelly Charlton

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to appoint Kelly Charlton for a 3 year term expiring 6-30-06.

 

d.  Update/Presentation: DPW Director re: Water Issues

Mr. Levesque pointed out that the Town is just about at the 5-year plateau with the Water Company acquisition and he is very happy with the way it’s been operated.  In the past 5 years wells 6 and 7 were re-developed, the computer system was updated, a backflow inspection program was done, as


MINUTES OF THE BOARD OF SELECTMEN MEETING OF AUG. 7, 2006

 

well as a vulnerability assessment program, and his department continues to search for new water sources.  There were some pressure issues that Amesbury worked with the Town on.  He publicly thanked Amesbury Water Dept. and their staff for all their help in the last 5 years, as well as his own staff and others such as Pennichuck Water Co., the Town Manager and the Board of Selectmen.  Mr.  Levesque is concerned with the replacement of the beach tank on North End Blvd., which is an elevated tank and he contacted BETA Engineering Group that examined the tank and found immediate repairs that needed to be done; long term repairs, as well as the possibility of eliminating and replacing the tank, which he would like to do through the SRF Program.  He knows the Town is going in the right direction and this is another step that the Town needs to take.

At this time Mr. Levesque introduced Robert Mackey, representing BETA Engineering Group who  gave an in-depth report on the beach tank evaluation project which is attached and made a part of these Minutes.

Mr. Levesque explained the process of obtaining funding through the SRF program and provided a handout explaining the whole process and time frames and asked for the blessing of the Board to  move forward with the process to get on the SRF list or at least see if we qualify.  It would appear proper to go ahead and start the process since there is no financial commitment at this time and we  can always back out at anytime.

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to authorize the Manager and DPW Director to put in an application for a SRF loan in the amount of $1.5M for the potential of a new elevated water tank.

 

e.  Nationalgrid - Set Public Hearing for Conduit Installation on Atlantic Ave.

Motion by Selectman Beaulieu, Second by Selectman Knowles; Unanimously voted to set a public hearing for Sept. 11, 2006 at 7:30 PM on the Nationalgrid petition.

 

f.  Approve and Sign the Warrant for the State Primary Election

Motion by Selectman Knowles, Second by Selectman Klima; Unanimously voted to approve and sign the Warrant for the State Primary election as presented.

 

g.  DCR re: Acquisition of land at 4 Murray Street by Eminent Domain

Manager explained that this is relative to a parcel of land that the State intends to buy and a family trust is involved in one of the parcels; all the State is asking is for the Board to endorse the acquisition.

Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to table until the next meeting and request that a representative from DCR attend to explain.

 

h.  Vote to sign the Regulatory Agreement for Falling Leaf Realty, LLC Chapter 40B

Selectman Klima stated that he spoke with the attorney as well as Town Counsel and both confirmed that the regulatory agreement is the most current and is the right form of the affordability agreement.

Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to sign the regulatory agreement for Falling Leaf Realty LLC Chapter 40B.

I.  Salisbury Baseball/Softball League Presentation

Peter Martin gave the Selectmen a copy of this year’s Yearbook showing all the teams encompassing ages 5 through 14 and explained there were 26 teams with over 300 players.  Salisbury won the trophy this year and Coach Speicher presented it to the Manager and Selectmen to be displayed in Town Hall until next year.

 

V.        Comments by Visitors - none.

 

VI.       Sewer/Water

Ed Hill - NorthPointe Builders, Inc. LLC - request for sewer connection

Atty. McCaron, representing Ed Hill explained that they are looking for a sewer connection permit for 48 units on Seabrook Rd.  DPW Director, Mr. Levesque said he has reviewed the documents and doesn’t have a problem with the project.  However, he’s had discussions with Mr. Hill regarding to the Town having access to test the wells that currently exist on the North Pointe’s property to determine if there was sufficient quantity and quality of water that could be accessed from adjacent town owned property.  After some discussion Mr. Hill then agreed to allow the Town to test the wells for these reasons.  A lengthy discussion ensued regarding the issue of passing over North Pointe property to access town owned land and the Board considered putting conditions on the permit and considered tabling until the next meeting in order to get an opinion from Counsel, but Atty. McCaron said they are not willing to wait and pointed out that so long as there is the capacity to accommodate the sewer they should be allowed to tie in.  He further stated that they would be willing to work with the Town and create an access through the property so long as it’s acceptable to both parties.

Motion by Selectman Beaulieu, Second by Selectman Klima; Voted to grant the request for the sewer connection contingent upon receiving in writing, from Mr. Hill, an agreement that he is willing to work with the Town to grant an easement on said property for the Town to pass and re-pass to a parcel of town-owned land in the rear of Mr. Hill’s property.  When and if a mutually acceptable access way is created, Mr. Hill will grant the Town the right to use it.  VOTE: 3 yea’s - Selectman Klima opposed - Selectman Knowles abstained.  Motion passed.

 

VII.     Correspondence

·                      Letter from Great Meadows Village regarding the change of date for their “family day.”

·                      Notice from the Division of Fisheries re: softshell clam harvesting.

 

VIII.    Hearings -

7:30 PM - Clear-Water Realty Trust, John St. Cyr - Appeal of Sewer & Water Access Fee

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

Atty. Richard Kelleher, representing John St. Cyr explained the reasons for the appeal of the water and sewer access fees and addressed the documentation that had been provided to the Board.  Selectman Klima said that he had looked at all the information and had met with the Attorney and explained what the rules and regulations were based on and how the rates were derived at and that the formula was based on flow.

Motion by Selectman Hunt, Second by Selectman Beaulieu; Unanimously voted to close the hearing at 7:50 PM.

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to reduce the EQR assessment for the Extra Innings Facility to three (3) EQR’s based on the information presented on projected water consumption, and to require that Mr. St. Cyr as the owner of the premises, after a two-year period make an agreement to repay the difference one way or another after a two year period in accordance with Article IV Section 10 of the Water Commissioners of the Town of Salisbury’s regulations regarding water main extensions and access fees as amended and effective as of October 29, 2004.

 

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 Beaulieu submitted a report on the Triton School Committee meeting held on July 25, 2006, a copy of which is attached and made a part of these Minutes.  He also followed up on a past DOR audit requirement and made the following motion as it pertains to the signing of warrants.

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to review what the DOR has said about signing warrants and come back to the next meeting with a formal proposal and motion relative to signing of the warrants.

 

XI.       Executive Session - none

 

XII.     Adjournment

Motion by Selectman Beaulieu, Second by Hunt; Unanimously voted to adjourn at 10:44 PM.

 

 

 

Approved:______________________________

     Donald Beaulieu, Clerk