BOARD OF SELECTMEN MINUTES OF MARCH 24, 2008

 

PRESENT:                 Selectmen Don Beaulieu, Vice Chairman; Ed Hunt, Henry Richenburg, and Fred Knowles

ABSENT:                    Selectman Jerry Klima, Neil J. Harrington, Town Manager

ALSO PRESENT:      Janet Flannery, Secretary

 

I.          Call to Order/Salute to the Flag

Vice Chairman Beaulieu called the meeting to order at 7:05 PM in the Colchester Room, Salisbury Town Hall.

 

II.        Acceptance of Minutes - none

 

III.       Old Business - none

 

IV.       New Business

            a. License Renewals:

Motion by Selectman Richenburg, Second by Selectman Knowles; 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: Richard James Surette – 218 Lafayette Rd., Cinema 95, Inc. – 201 Elm St., and Tokyo Joe’s Studios of Self Defense – 106 Bridge Rd.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; 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: Great Bay Autobody-Marine Co. LLP – 162 Bridge Rd.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; 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: Boston Snack Foods – Concessions at the Reservation, Cinema 95, Inc. – 201 Elm St., and Simon’s Roast Beef – 167 Elm St.

 

Motion by Selectman Knowles, Second by Selectman Richenburg; voted to renew a Common Victualer license for Jackie’s Place – 99 Lafayette Rd.  VOTE: 3 yeas – Selectman Beaulieu abstained.

 

            b. New Licenses

Motion by Selectman Richenburg, Second by Selectman Hunt; unanimously voted to approve a General license for Pool & Spa Depot – 4 Elm St.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to approve a General license for Decking Depot & Coastline Home Builders – 141 Elm St.

 

Motion by Selectman Richenburg, Second by Selectman Hunt; unanimously voted to approve a General license for Daisy Disc Corp. – 167 Bridge Rd.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to approve a General license for Skyy Salon & Spa, Inc. – 102 Bridge Rd.

 

 

 

 

 

            c. License Amendments:

Class II – Crystal Motors, Inc. – Change address back to 192 Elm St. from 60 Main St.

Kyle Hagen, who has been operating Crystal Motors for the last several years, addressed the Board and stated that when he requested the change to 60 Main Street in February he had done so in haste.  Since that time his prior landlord, Charles Mabardy informed him that he is in the process of getting 192 Elm St. in compliance to have the car lot moved back there.  Therefore, Mr. Hagen requested the address be changed back to 192 Elm St.  Selectman Beaulieu said that since the vote was taken to allow the change to 60 Main Street, other issues have come up that need to be addressed. One of these being that the Planning Board in its site plan review and approval did not include a used car lot.  Another issue is that the application is made out under the name of Crystal Motors, Inc. and Kevin Hagen as President, Kyle’s name doesn’t appear anywhere on the application so what is his authority to make changes to this application.

 

At 7:30 pm the Vice Chairman suspended discussion on this issue as a Public Hearing was scheduled at this time.

 

Motion by Selectmen Richenburg, Second by Selectmen Hunt; unanimously voted to open the Public Hearing on the proposed sewer rate increased.

 

Finance Director, Andrew Gould gave a presentation on behalf of the Sewer Study Committee copies of the study and recommendations were available for the public a copy of which is made part of these minutes.  DPW Director Don Levesque addressed the issue of permitting since the treatment plant has to renew its discharge permit.  He also stated that EPA and DEP have certain criteria that must be meet in order to renew our permit.  A management plan has been presented and he, as well as Weston & Sampson, and town officials all feel the plan will meet the requirements imposed by these authorities as best they can and with the proposed $10 per month increase.   The sewer fund should be self-sufficient through the year 2011 with this rate adjustment

 

The Vice Chairman then asked if there was any public comment on the proposal.

 

Joyce and Grace Tomaselli provided a handout and raised several questions regarding the use of EQR’s vs water flow.  Vice Chairman Beaulieu asked if they had any questions related to the presentation made by the Finance Director or the DPW Director.  They asked several questions that were answered by the Finance and DPW Directors. They also stated they were opposing this increase publicly for themselves and their neighbors who were unable to attend tonight’s meeting.  Selectman Richenburg said without names and addresses, he could not respond to those people and he asked if they could provide a listing to the Board of the people they claimed to speak for, they indicated they would.  They then asked questions dating back to the early 1990’s and Selectman Beaulieu said these questions have been raised and answered on numerous occasions, but if they had new questions they could ask at this time, and if the Board didn’t have the answers tonight they would be provided at another time.  In answer to why the Town doesn’t follow the by-law established and voted on at Town Meeting in the early 1990’s, Selectman Beaulieu explained that it had been studied in the past and was not advantageous for individual homeowner.  To his knowledge it had been the position or the rate setting authority in keeping the rate as equitable as possible for homeowner, and the metered water usage was never available from SWSCO.  In closing he said that as it relates to any by-law that the Board is not following, they will look at them, get a legal opinion and have them removed from the books if necessary.

 

 

When the Tomaselli’s were finished the Vice Chairman asked it there was any additional public comment.  Hearing none he asked for a motion to close the Public Hearing.

 

Motion by Selectman    Richenburg, Second by Selectman Hunt; unanimously voted to close the hearing at 8:20 PM.

 

The Vice Chairman then returned to the agenda item that was being discussed prior to the Public Hearing.

 

Crystal Motors, Inc.  Continued

 

Mr. Mabardy stated that the site plan has been changed and he has a letter from the building inspector stated it is a permitted use.

 

Selectman Beaulieu suggested that the Board consider rescinding the vote taken at the last meeting moving the address to 60 Main Street and putting it back to 192 Elm St. with expiration date of April 30th as originally approved.  This is to allow for clarification of the conflicting issues with the Corporation and the Planning Board. 

 

Motion by Selectmen Richenburg, Second by Selectmen Knowles to rescind our previous vote for a change of address on this license.  Motion passes unanimously.

 

Selectman Hunt doesn’t feel it is a valid application and that the license should be held until all issues are cleared up he also questioned the number of vehicles that would go in the space set aside for this activity.  It was agreed that they had until April 30 to answer all the questions raised.

 

            d. Committee Appointments - none

 

            e. Update/Presentations: Conservation Commission & School Committee

Jim Poulin of the School Committee reported that the school committee’s final budgetary meetings have been completed.  All three towns are fiscally tight which is requiring changes such as consolidating some of the positions.  There has been a drastic decrease in the SPED students and the “choice in – choice out” has stabilized and has become more favorable; more students are coming in and less are going out.  Selectman Richenburg commended the school committee and superintendent in the manner in which they have handled their meetings and the most impressive thing was they took the time to answer every question in detail.  Selectman Beaulieu pointed out that 4 students have come forward and volunteered to work with the community access programming.

 

Tom Hughes, Conservation Commission Chairman reported that since last September ConComm has addressed 17 Notices of Intent, 5 RDA’s, 1 ANRAD and have given 5 enforcement orders.  There is one new commissioner, Sheila Albertelli and she has caught on well and is very active with site inspections and attending workshops and training sessions.  There is still one open seat needing to be filled.

 

With respect to the rapid erosion occurring at the beach and the recent sand disputes, there has been a regional effort put forth to come up with a beach management plan that will be a proactive approach to protect the beach.  ConComm is very supportive and will continue to

 

participate with this effort.  The Commission has been made aware of some concerns that Landscape Express may not be in compliance with their Order of Conditions.  Ms. Rowden has informed them that their order has expired without receiving a Certificate of Compliance.  They are now in the process of preparing as-built plans and will submit a request for a Certificate of Compliance shortly.  The Commission will ascertain whether they are in compliance with the order and will require any deficiencies to be corrected.  If there are deficiencies requiring a significant amount of work, they may be required to submit a new NOI for that work.  He also indicated that the Commission does have some responsibility under state and local wetland protection acts in relations to river activities and will require Commission involvement in any permitting process.

 

            f. Vote to Ratify Dept. Heads Contract

Vice Chairman asked to move this item to Selectmen’s Report portion of this agenda.

There were no objections

 

            g. Discussion of expansion of Rings Island Marina

Harbormaster Ray Pike met with the Harbor Commission last week and discussed his plans to hold a public hearing so that Mr. Audette of Rings Island Marina can propose his plans for expansion.  He thought he may plan his hearing on a night that the ZBA meets and invite the Planning Board as well.  He then provided letters to the Selectmen that he sent to the Army Corps.  He further stated that the Harbor Commission had agreed to set some kind of procedure to identify the threshold as to what every applicant has to follow.  His understanding was that Selectman Klima was going to contact Mr. Keddell of the Army Corps and make him aware of the procedures and the process to be followed in issuing permits.  Mr. Larry O’Brien, speaking as a citizen, gave a handout to the Selectmen and proceeded to give an overview of the expansion request.  A copy of the handout is available for review in the Selectmen’s office.  In closing, Mr. O’Brien requested that the Selectmen ask the Town Manager and Harbormaster to contact the marina owner to have him make written application for Chapter 91 and have the Town make a determination of the current proposal and also the 2006 expansion in two separate applications.

Mr. Randy Hitchcock stated that he lives right behind the marina and he never got any notification of the 2006 expansion when the docks went out further in the river and he thought the proper channels had not been followed.  It seems to him that the grace period has expired and it doesn’t make any sense to him that the docks are being put out again this year.  It also appears that the applicant should have been going in two parallel routes: one with the Army Corps and one with the Town.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to send a letter to Mr. Audette owner of Rings Island Marina stating that the Selectmen want him to comply with all Town regulations and permitting before putting the floats out in 2008, and a second letter to the Army Corps requesting they hold up issuing any permit until the local licensing requirements are met.

 

Motion by Selectman Hunt, Second by Selectman Richenburg; unanimously voted to direct the Manager to meet with the Harbormaster and start the process of having the Chapter 91 hearing at the earliest possible date and to notify the ConComm Agent as well as the Planning Board.

 

 

V.     Comments by Visitors

 

 

VI.   Sewer/Water

 

The Vice chairman asked if the Board required any further information concerning the proposed sewer rate increase as presented earlier in the evening.  Hearing none he asked for a motion.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted that the Board of Selectmen, acting in the capacity of the Salisbury Sewer Commissioners, increase the Sewer User Fees from $20 per month per EQR to $30 per month per EQR, billed quarterly in arrears, effective April 1, 2008, and that the rules and regulations setting forth an amended User Fee Policy be adopted in the form presented to this meeting, effective April 1, 2008.

 

VII.     Correspondence

  • Letter and information from Comcast re: 2008 Annual Notice Filing.
  • Information and an agenda for the First Robotics Competition in which the Triton Robotics Team is competing in.

 

VIII.    Hearings

            7:30 PM – Proposed Sewer Rate Increase

 

IX.       Town Manager’s Report - none

 

X.        Selectmen’s Report

            a. Ratification of Signing of Weekly Warrants - none

Vote to Ratify Dept. Heads Contract

Motion by Selectman Richenburg, Second by Selectman Hunt; unanimously voted to ratify the Dept. Heads Contract.

 

Upcoming meetings are scheduled for: April 14th, April 28th, and May 12th with Town Meeting being held on May 19th.

 

Selectman Hunt said he heard that the Easter Egg Hunt was a great success and wanted to thank the DPW Director and his staff, along with Karen Manzi and Parks & Recreation for their hard work and the effort they put into this event.

           

XI.       Executive Session – none

 

XII.     Adjournment

Motion by Selectman Richenburg, Second by Selectman Hunt; unanimously voted to adjourn at 10:25 PM.

 

 

Respectfully submitted:                                    Approved: ___________________________

Janet E. Flannery, Secretary                                                    Fred Knowles, Clerk