BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

PRESENT:  Selectmen Jerry Klima, Chairman; Donald Beaulieu; Ed Hunt; Henry Richenburg;  

                      and Fred Knowles

ALSO PRESENT:  Neil Harrington, Town Manager

 

I.  Call to Order/Salute to the Flag

Chairman Klima called the meeting to order at 7:00 PM.  Following the salute to the flag, Mr. Klima noted that this meeting was the first to be held in the Town’s new public meeting space on the second floor of Town Hall, and that the room in which the meeting was being held had been named the Colchester Room, in honor of the original name of the Town.

 

II.  Acceptance of Minutes - none

 

III.  Old Business – none

 

IV.  New Business

a.      license renewals

A motion was made by Selectman Richenburg, seconded by Selectman Beaulieu, to renew Common Victualer licenses for the following businesses:

 

Connie’s Stagecoach Restaurant, Inc. – 95 Elm Street

Rangeway Golf – 167 Elm Street

P&G Diner d/b/a Pat’s Diner – 11 Bridge Road

North East Ice Cream – 98 Beach Hill Rd.Exeter, NH

China Buffet – 6 Merrill Street, Unit 16A

 

The motion was approved unanimously.

 

A motion was made by Selectman Richenburg, seconded by Selectman Knowles, to renew General Licenses for the following businesses:

 

Angela County Designs1 Derby Lane, Unit C             Knight Oil – 126 Rabbit Road

Karen Holmes Physical Therapy, LLC – 191 Elm St.     Emergency Ice Co. – 168 Bridge Road

Four Star Limousine, Inc. – 14 Elm Street                       Croteau Enterprises – 138 Bridge Rd.

Cross Roads Car Wash, Inc. – 6 Merrill St., Unit 17       Tim’s Bait & Tackle – 134 Beach Rd.

Lucy Riddell d/b/a Coach Lucy: Insights That Work -    Barton Corporation – 20 Ferry Road

      14 Atlantic Avenue, Unit B                                         Ralph Tatro – 15 Folly Mill Road

American Landscaping – 68 Folly Mill Road                   Kathy’s Tumbleweed – 135 Elm St.

Yellow Jackets North Gymnastics d/b/a All Around        Rangeway Golf – 167 Elm Street

    Gymnastics Training Center – 5A Fanaras Drive

Whitfield Enterprises, Inc. d/b/a Ransom Kennel –

     29 Blacksnake Road

Hudson’s Outboard, Inc. – 46, 48 & 50 Bridge Road

Chance to Run Dog Daycare, LLC – 166 Elm Street

Kathy’s Dog Grooming – 10 Ferry Lots Lane

Salisbury Discount House, Inc. d/b/a Sand Dollar Annex – 16 Broadway

Salisbury Discount House, Inc. 11A Broadway

 

BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

Mr. Beaulieu moved that the motion be amended by adding that the renewals be approved with the same conditions/restrictions that may have been on the original licenses and all subsequent renewals. Mr. Richenburg seconded the amendment and it was unanimously adopted.  A vote was then taken on the original motion, as amended, and it was adopted unanimously.

 

A motion was made by Selectman Richenburg, seconded by Selectman Knowles, to renew Entertainment licenses for following businesses:

 

P&G Diner, Inc. d/b/a Pat’s Diner – 11 Bridge Road – jukebox

M.J.F. Bowery Corp. d/b/a Ten’s Show Club – 11 North End Blvd -live entertainment & jukebox

 

Mr. Beaulieu moved that the motion be amended by adding that the renewals be approved with the same conditions/restrictions that may have been on the original licenses and all subsequent renewals. Mr. Richenburg seconded the amendment and it was unanimously adopted.  A vote was then taken on the original motion, as amended, and it was adopted unanimously.

 

A motion was made by Selectman Richenburg, seconded by Selectman Beaulieu, to renew a Sunday Entertainment license for the following business:

 

M.J.F. Bowery, Corp. d/b/a Ten’s Show Club – 11 North End Blvd.

 

Mr. Beaulieu moved that the motion be amended by adding that the renewals be approved with the same conditions/restrictions that may have been on the original licenses and all subsequent renewals. Mr. Richenburg seconded the amendment and it was unanimously adopted.  A vote was then taken on the original motion, as amended, and it was adopted unanimously.

 

A motion was made by Selectmen Richenburg, seconded by Selectman Hunt, to renew a Repair license for the following business:

 

Simmie’s Garage – 2 School Street

 

Mr. Beaulieu moved that the motion be amended by adding that the renewals be approved with the same conditions/restrictions that may have been on the original licenses and all subsequent renewals. Mr. Richenburg seconded the amendment and it was unanimously adopted.  A vote was then taken on the original motion, as amended, and it was adopted unanimously.

 

A motion was made by Selectman Richenburg, seconded by Selectman Hunt, to renew Class II licenses for the following businesses:

 

Causeway Enterprises, Inc. – 77 Bridge Road

J.J.E.D. Corp. d/b/a Salisbury Auto Salvage – 16 Main Street

 

Mr. Beaulieu noted that the applicants should supply the Town with a copy of their application to the Registry of Motor Vehicles, as required by the Town’s bylaws.  He stated that he would like to see the bylaw followed or revised, and suggested that perhaps the license renewals should be tabled.  Mr. Richenburg asked whether the applicants had supplied the Town with the required

 

BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

$25,000 bond or surety.  A representative of Causeway Enterprises was present and stated that they had submitted their bond.

 

Mr. Richenburg then moved that the Repair license renewals be approved subject to the sub-mission of proof of the required bond and the proper registration documentation; Mr. Hunt seconded the motion and it was adopted unanimously.

 

A motion was made by Mr. Richenburg, seconded by Selectman Hunt, to renew Class III licenses for the following businesses:

 

Causeway Enterprises, Inc. – 77 Bridge Road

J.J.E.D. Corp. d/b/a Salisbury Auto Salvage – 16 Main Street

 

Mr. Beaulieu moved that the motion be amended by adding that the renewals be approved with the same conditions/restrictions that may have been on the original licenses and all subsequent renewals. Mr. Richenburg seconded the amendment and it was unanimously adopted.  A vote was then taken on the original motion, as amended, and it was adopted unanimously.

 

    b.  New Licenses:

A motion was made by Selectman Richenburg, seconded by Selectman Beaulieu, to approve a New Class I license for Solar Edison, LLC – 141 Bridge Road.

 

A representative of the company, Donald Stokes, explained that it was his intention to sell ZAP vehicles, which are electric cars manufactured in China that do not use any gas and do not produce any fumes.  He noted that he would be the first dealer of this product on the east coast.  In response to questions from selectmen, Mr. Stokes indicated that ZAP vehicles would sell for approximately $12,500 and would carry a range of 40-50 miles, with an average speed of 40 miles per hour and a weight capacity of about 360 pounds.  He said that it was his intent to perform any necessary repair work at his site on Bridge Road.  He told the selectmen that he had a letter of intent from the manufacturer and that he hoped to be signing a contract soon.

 

Mr. Klima expressed concern about the provision of Class I licenses that allows licensees to sell and purchase used cars.  He asked the applicant if he were willing to accept a condition that he would not sell or take in any used cars that are not electric or solar powered.  Mr. Stokes agreed.

 

Following further discussion, the motion was adopted unanimously, subject to the condition suggested by Mr. Klima.

 

VIII.  Hearings

 

     a.  Tax Classification hearing:

 

      Noting that it was after 7:30, Mr. Richenburg moved that the hearing be opened.  The motion was seconded by Mr. Hunt and was approved unanimously.  The Chairman noted that Cheryl Gillespie, Chief Assessor, was present to make a presentation to the Board, and that she was joined by the other members of the Board of Assessors, Edward Gagnon and Sherry Volpone.

 

BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

Ms. Gillespie explained that she had a Power Point presentation that illustrated the major factors that went into determining how to set a tax rate for FY2008, that the Board of Assessors would be recommending action on four topics that affected the rate.  She noted that the Assessors had determined the total valuations for all property and the minimum residential factor that may be adopted by the Town, and had calculated the percentages of the local tax levy that may be borne by each class of property for FY08.

 

In her presentation, Ms. Gillespie outlined the options available to the selectmen in determining the allocation of the local property tax levy among the four property classes in town – residential, open space, commercial and industrial, and personal property.  The Assessors provided relevant data to the selectmen, as well as examples of the ramifications of each alternative.

 

As Ms. Gillespie gave her presentation, members of the Board asked several questions.  At the conclusion, Ms. Gillespie asked the Board to take four specific actions and to take into consider-ation the recommendations of the Board of Assessors.

 

1)  Open Space Discount – the Board of Assessor recommended that the selectmen vote NOT to adopt the Open Space Discount.

 

Mr. Beaulieu moved that the Board of Selectmen not adopt the Open Space Discount.  Mr. Richenburg seconded the motion and it was adopted unanimously.

 

2)  Residential Exemption  - the Board of Assessors recommended that the selectmen vote NOT to adopt a Residential Exemption.

 

Mr. Beaulieu moved that the Board of Selectmen not adopt a Residential Exemption.  Mr. Richenburg seconded the motion and it was adopted unanimously.

 

3)  Small Commercial Exemption – the Board of Assessors recommended that the selectmen vote NOT to adopt a Small Commercial Exemption.

 

Mr. Beaulieu voted that the Board of Selectmen not adopt a Small Commercial Exemption.  Mr. Richenburg seconded the motion and it was adopted unanimously.

 

4)  Tax Rate Factor – the Board of Assessors recommended that the selectmen vote to adopt a tax rate with a factor of 1.00.

 

Mr. Beaulieu moved that the Board of Selectmen adopt a tax rate factor of 1.00.  Mr. Richenburg seconded the motion and discussion followed.

 

Ms. Gillespie explained that a vote to approve this motion would have the effect of establishing a single, rather than a split, tax rate of $8.46 per thousand for FY2008.  Following questions from members of the Board, the motion was adopted unanimously.

 

For the Board’s information, Ms. Gillespie noted that there had been 4 foreclosures in the year 2005, 6 in 2006, and 12 in 2007.

 

BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

Mr. Beaulieu then moved that the hearing be closed.  Mr. Richenburg seconded the motion and it was adopted unanimously.

 

    b.  Community Development Strategy hearing

 

     Mr. Richenburg moved that the hearing be opened.  Mr. Beaulieu seconded the motion and it was adopted unanimously.  The chairman recognized Lisa Pearson, Director of Planning and Community Development, who made a Power Point presentation to the board outlining the Town’s Community Development strategy for 2007 and asking for comments and input from selectmen going forward.  

 

Ms. Pearson provided an overview of the strategy that the town had been pursuing, identifying the following components and the goals associated with each one: (a) open space, natural and cultural resources; (b) housing and quality of life; (c) economic development; (d) transportation and municipal services.  She provided the board with a matrix of the priority list and action plan for each goal, showing the status of each item.

 

Mr. Klima stated that he believed the town was following a sound strategy and was happy to see that the town was making progress on a number of the priorities outlined by Ms. Pearson in her report.  Discussion followed among other members of the board.  Several board members talked about the need for additional infrastructure improvements, particularly new sidewalks.  The Town Manager remarked that he was in the process of developing a long-term plan with the DPW Director to address this issue.

 

Following further discussion, Mr. Richenburg moved that the hearing be closed.  The motion was seconded by Mr. Beaulieu and was adopted unanimously.

 

Mr. Beaulieu moved that the Town adopted the Community Development strategy and priority list presented by Ms. Pearson.  Mr. Knowles seconded the motion.  Mr. Hunt noted for the record that he was not pleased with a few individual components of the strategy; however, he supported the overall plan and would be voting in favor.  The motion was then adopted unanimously.

 

Chairman Klima announced that, now that the hearings were concluded, the Board would be returning to its regular agenda.

 

IV.  New Business (continued)

c.       Committee appointments – none

 

d.      Presentation/Update: Police Chief David L’Esperance

 

Chief L’Esperance provided the selectmen with an update on recent developments relating to the Police Department.  He began by stating that it was his intention to hire one full-time officer from the Community Policing grant money that the Town receives annually from the State, in order to complete a full complement of 2 officers and 1 sergeant on each shift, including evenings.  He noted that the Department was monitoring more than 100 vehicles with out-of-state license plates (mostly from New Hampshire) to make sure people were not illegally avoid-ing Massachusetts sales and excise taxes.

 

BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

The Chief informed the board that the Department was making efforts to get more involved with community groups, such as neighbors living in the vicinity of Lions Park, to assist with problems that might arise, and that he was committed to providing additional training for the police force, including taking advantage of opportunities for training on-line.  He also outlined other initia-tives currently underway within the Department, including a plan to combine the police and fire dive teams and work he is doing to prepare an RFP for a police station needs assessment study.  Finally, he informed the board that he had recently attended a conference on accreditation, which is a lengthy process in which the town must adopt certain standards and meet certain national goals.  He noted that this was a large task, but one that he would like to see the town move toward over time.

 

Mr. Hunt asked questions about an anti-loitering bylaw that he had requested by submitted to Town Meeting during the past year.  The Chief responded that he had checked with the Town Clerk regarding bylaws adopted by other communities and the Town Manager responded that he had spoken to Town Counsel about the matter and that in both cases they could not find an anti-loitering bylaw that was considered constitutional and enforceable.  Mr. Hunt asked whether or not the Town should file legislation to resolve what he considered to be a serious concern, particularly at the beach.

 

Mr. Knowles asked whether the Chief was any closer to implementing a “reverse 911” system that the selectmen had discussed as a priority item following last spring’s severe flooding.  The Chief stated that options were being explored and that he would check with Christine Harrison, who serves as a dispatcher and the Asst. Emergency Management Director, about any updates that she could provide to the selectmen.  Mr. Richenburg complimented the Chief on the Police Department’s enhanced use of speed traps to inhibit speeding in residential neighborhoods.

 

    e.  CDBG Grant Application – Lisa Pearson

 

Ms. Pearson brought to the board’s attention the fact that the application for the next round of CDBG grant funding was due in mid-February.  She asked that selectmen send to her their suggestions about what to apply for, so that she can develop an outline of the application and present it to the board for approval in the near future.  She noted that the types of items currently under consideration included some non-profit social service agency programs, as well as a drainage project in one of the Town’s target areas.

 

Mr. Beaulieu asked whether the Town-owned building that was being proposed as the new location for the local cable access studio/office space would be eligible for funding in some way.  Ms. Pearson replied that perhaps the building might be eligible for handicapped accessibility improvements.

 

    f.  Approval of 2008 Election & Town Meeting Schedule

 

Mr. Richenburg moved that the 2008 election and Town Meeting schedule that had been sub-mitted to the Board by Town Clerk Wilma McDonald be approved.  The motion was seconded by Mr. Beaulieu and approved unanimously.

 

BOARD OF SELECTMEN MINUTES OF DECEMBER 3, 2007

 

V.  Comments by Visitors

Bill Selig complimented the Board on the Town’s new public meeting space and offered a few comments on the Class I automobile license approval process.

 

VI.  Sewer/Water – no business

 

VII.  Correspondence - none

 

IX.  Town Manager’s Report

Mr. Harrington gave a brief overview of his written report, a copy of which is available in the Town Manager’s office.

 

X.  Selectmen’s Report

      a.  Ratification of Signing of Weekly Warrants

A motion was made by Mr. Beaulieu, seconded by Mr. Hunt, and adopted unanimously to ratify the signing of the following weekly warrants:

 

       W08-77            General                                        W08-80                 Town Payroll

       W08-80            Police Payroll                              W08-81                 Sewer Payroll

       W08-82            CDBG Payroll                             W08-83                 Gen, Sewer, Water

       W08-84            CDBG                                          W08-85                 Program Income

 

Mr. Richenburg asked whether the Town could look into the possibility of picking up white goods twice a year – once in the spring and once in the fall.  The Town Manager said that he would speak with the DPW Director about this matter.

 

Mr. Hunt stated that he would like a report on the level of transportation services provided to the Town from the Merrimack Valley Regional Transit Authority.  He asked the Town Manager to invite the Executive Director of the MVRTA, Mr. Costanzo, to a future meeting of the Board.

 

XI.  Executive Session – none

 

XII.  Adjournment

There being no further business to come before the Board, Mr. Richenburg moved that the meeting be adjourned at 9:40 PM.  Mr. Knowles seconded the motion and it was adopted unanimously.

 

Respectfully submitted:

Neil J. Harrington, Town Manager

 

                                                                  Approved: _______________________________

                                                                                   Fred Knowles, Clerk