BOARD OF SELECTMEN MINUTES OF MARCH 10, 2008

 

PRESENT:     Selectmen Jerry Klima, Chairman; Don Beaulieu, Ed Hunt, and Fred Knowles

ABSENT:       Henry Richenburg        

ALSO PRESENT:  Neil J. Harrington, Town Manager and Janet Flannery, Secretary

 

I.          Call to Order/Salute to the Flag

Chairman Klima called the meeting to order at 7:00 PM in the Colchester Room, Salisbury Town Hall.

 

II.        Acceptance of Minutes

            Minutes of February 25, 2008

Motion by Selectman Beaulieu, Second by Selectman Knowles; voted to approve the Minutes of February 25, 2008 as written.  VOTE:  3 yeas – Selectman Hunt abstained.  Motion carried.

 

III.       Old Business - none

 

IV.       New Business

            a.  License Renewals:

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to renew a Sunday license, with the same conditions/restrictions that may have been on the original license and all subsequent renewals for: Dolphin Grille – 28 Oceanfront South, Carousel Lounge – 20 Ocean Front South, Carefree Arcade – 20 Ocean Front, and Bevie B’s Seaside Bar – 3 Broadway

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to renew a Repair license, with the same conditions/restrictions that may have been on the original license and all subsequent renewals for Dave’s Auto Body & Sons – 137 Lafayette Road and for a name change only on a Repair license for GMC Towing & Repair previously Affordable Transmissions at 137 Lafayette Road

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to renew a Parking Lot license, with the same conditions/restrictions that may have been on the original license and all subsequent renewals for Salisbury Beach Apt’s & Parking – 70 Railroad Ave.

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to renew a Common Victualer license, with the same conditions/restrictions that may have been on the original license and all subsequent renewals for: Sal’s Pizza – 18 Broadway, Bevie B’s Seaside Bar & Lounge – 3 Broadway, FishTale Diner – 179 Bridge Road, Dolphin Grille, Inc. – 28 Oceanfront So., Submarine Restaurant – 28 Ocean Front St., and Carousel Lounge, Inc. – 20 Ocean Front So.

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to renew a General license, with the same conditions/restrictions that may have been on the original license and all subsequent renewals for: Andover Healthcare, Inc. – 9 Fanaras Drive, Marte-L Convenience Store – 45 Toll Rd., Hair Styles by Michelle – 50 Elm St., Salisbury Beverage Co., Inc. – 232 Lafayette Rd, Real International Emporium – 50 Elm St., and Kevin Lewis Design – 82 Rabbit Road

 

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to renew an Entertainment license, with the same conditions/restrictions that may have been on the original license and all subsequent renewals for: Dolphin Grille – 28 Ocean Front South for a Juke Box/Band or DJ (2 licenses) and to Bevie B’s Seaside Bar & Lounge – 3 Broadway (2 pool tables/live entertainment & juke box (2 licenses)

 

            b.  New Licenses

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to approve a General license to Falasca Lawn Care – 2 Erica Way for a home office only subject to having no customers or business being conducted on site.

 

            c.  Committee Appointments - none

           

            d.  Update/Presentations:  Finance Director & Economic Development Director

Finance Director Andrew Gould stated that FY’08 is progressing as expected except for snow and ice removal for which there will be a deficit of about $71,000.00.  Other potential deficits may include legal, computer hardware, tax title, emergency categories, Veteran’s benefits, and workers comp.  As for year end, the auditors will be in around Labor Day and certified cash will be done while they are here; financial statements will be out around October 1st.  Last year we received $855,000 in free cash which was a one-time event.  The Town will probably be receiving about $300,000 for the next year.

 

Economic Development Director Chris Reilly informed the Board that CVS had started to clear the land next to Town Hall in preparation for construction. 

The one year needs assessment is still on-going; internally, he is working to improve communication, coordination, cooperation and compliance and on improving the customer service model and streamlining procedures and regulations.  Externally, he is working on how Salisbury compares/collaborates and competes with peer communities and is maintaining core relationships and developing a support network.  Another work in progress is the streamlining of procedures to make Salisbury a tenable place to do business since the external perception is that Salisbury continues to be a challenge to establish and expand business which deters desirable development interest. 

Two large upcoming events are the Sand & Sea Festival and the Maritime Festival, both of which Wayne Capolupo is responsible for and Mr. Reilly commended him for all his hard work and effort.

Salisbury has a score of 93 with Commonwealth Capital Funding.  This is used to evaluate grant applications and in competition with other communities. There is a need for better grants management and his office is working on that.  In closing he said Salisbury has some assets that people are now realizing so we continue to get more interest and we are well positioned at this time.

 

            e.  Landscape Express re: Modification to their operation and hours of operation

Mr. Eric Hawkins stated that Landscape Express closes at 5:00 PM and he asked if he could get permission to load trucks after closing until 7:00 PM from April through June.  Selectman Hunt said at the present time the neighbors are still experiencing problems with odors and he has proof that they still are not adhering to the order of conditions set by the Conservation Commission and he would not consider any changes to the license at the present time.  Selectman Knowles said he

 

 

 

has the same concerns and pointed out that the extension of hours requested is during the prime dinner hour for the restaurants in that area.  Chairman Klima suggested that if Mr. Hawkins wants to make changes, he should do so with a new application and return to the Board at that time.

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to take no action on this item until an amended application is filed with the modifications noted and questions can be raised at that time and the neighbors can be invited to attend.

 

            f.  Easter Egg Hunt Update

Ms. Karen Manzi of Parks and Recreation announced that the Easter Egg Hunt is being held on Saturday, March 15th from 9AM – 11AM for two to eight year olds at the Salisbury Elementary School in the cafeteria.

 

            g.  Review Guidelines for Senior Property Tax Work-off Abatement Program

COA Director, Ms. Liz Pettis, requested the Selectmen to consider adjusting the current guidelines pertaining to the senior property tax work-off abatement program.  To date, only 8 applications have been sent out and only 4 were returned.  However, they do not meet the income limits.  She and Cheryl Gillespie reviewed the guidelines and suggest that the income be changed to $45,000 for a single and $55,000 for a married couple and not to exceed $150,000 for single and $200,000 for married.  If the guidelines can be increased Ms. Pettis feels more people will come forward.  If that does not work, she suggested eliminating the guidelines and using a lottery to allocate opportunities in case of an over-subscription.

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to approve the recommendation of the COA Director as it relates to the tax work-off abatement program and if the changes don’t attract people then go to other alternatives by adding a lottery system if necessary.

 

            h.  Vote to Ratify Department Heads Contract

Motion by Selectman Hunt, Second by Selectman Beaulieu; unanimously voted to take this up at the end of the meeting in executive session.

 

V.        Comments by Visitors

Larry O’Brien, Harbor Commissioner, speaking as a private citizen addressed the Board about a public notice from the Army Corps of Engineers re: Rings Island Marina’s request to expand its docks.  He pointed out that certain plans seemed to just go through without any public process.  Based on this, Mr. O’Brien asked the Selectmen to request the Army Corps to hold a public hearing and following the proper process in issuing any permit.

Chairman Klima said he drafted a letter to the Army Corps requesting a public hearing and provided the Board with a copy for their review.  He also stated that he spoke with the Harbormaster and it is not clear as to who has the jurisdiction in this matter.  He personally feels the course of action to take is to request a hearing and if there are other concerns have the Harbormaster address them.

Selectman Hunt said he would like the Harbormaster on board with this issue and suggested that Chairman Klima talk with him and request that he send a letter also.

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted, based on the public notice supplied this evening, to have the Chairman sign and send his letter out to the Army Corps.

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to ask the Harbormaster to attend the next Selectmen’s meeting to discuss the public notice.

 

VI.       Sewer/Water

            a.  Vote to Issue a Bond to Replace Beach Water Tank

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted: (1) that the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $1,629,000 (the “Bonds”) pursuant to Chapters 29C and 44 of the General Laws and a vote of the Town passed May 14, 2007 (Article Ten), for replacing an elevated water storage tank (the “Project”);

 

(2) that in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim loan note or notes (the “Notes”) from time to time in an aggregate principal amount not to exceed $1,629,000;

 

(3) that each Bond or Note shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;

 

(4) that the treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond and Note, and to execute a Loan Agreement (or Agreements) with the Trust with respect to the sale of the Bonds and Notes, such date, form and maturities and the specific interest rate or rates of the Bonds and Notes to be approved by a majority of the Board of Selectmen and the Treasurer as evidenced by their execution of the Bonds or Notes;

 

(5) that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and

 

(6) that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement(s) and the Project Regulatory Agreement(s) relating to the Project.

 

            b.  Sewer Rate Study Committee Recommendation

Andrew Gould, Finance Director and member of the sewer rate study committee reported their findings and presented their findings and said they are recommended an increase in sewer fees of an additional $10.00 per month starting in FY’09 and eliminating the adjustments for seasonal customers.  This increase is necessary because of the projection that the sewer enterprise fund will have a deficit for 2008 and years to come if there isn’t an increase.  They are also proposing a discount of $3.00 per month for qualified real estate tax-exempt residents, such as low-income senior citizens, disabled veterans or the blind.  With the increase, the committee projects the sewer enterprise fund should be self-sufficient through 2011 and have enough money in reserve for emergencies and other contingencies.  Mr. Gould stated that new licensing requirements for the sewer plant are likely to require significant rate increases in future years when the costs of changes and additions to the sewer plant are finally determined.

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to hold a public hearing on the proposed sewer rate increase on March 24, 2008 at 7:30 PM in the Town Hall.

 

VII.     Correspondence

            Thank you note from Bob Carroll for the Board’s expression of sympathy on the death of his sister.

VIII.    Hearings - 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:

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to ratify the signing of the following weekly warrants: W08-136 through W08-139 and W08-141 through W08-146.

 

Chairman Klima reported that he’s been working with CZM, the DPW Director and engineers re: town creek and have come up with a basic agreement for CZM and the Town where the Town will hire an engineer to study the railroad bed and the repairs that were done.  At the same time CZM will have their engineer study the flooding and drainage that goes through the railroad beds.  The goal would be to keep the marsh healthy and have tide gates that can be stopped in high tides and hopefully come up with one project to include: flood control, marsh restoration, and construction of the rail trail.

 

XI.       Executive Session

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to move into

Executive Session at 9:10 PM for the purpose of discussing Dept. Heads contract negotiations and to adjourn without returning to open session.  Those present will be the Selectmen, Town Manager Neil Harrington, and Janet Flannery, Secretary.  Roll vote: Selectman Knowles – yes; Selectman Hunt – yes; Selectman Beaulieu – yes; Chairman Klima – yes

 

XII.     Adjournment

Meeting adjourned after Executive Session at 9:45 PM.

 

Respectfully submitted:

Janet E. Flannery, Secretary

 

                                                            Approved: ___________________________

                                                                              Fred Knowles, Clerk