BOARD OF SELECTMEN MINUTES OF APRIL 14, 2008

 

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

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 March 10, 2008 and March 24, 2008 – Regular Sessions

Motion by Selectman Beaulieu, Second by Selectman Knowles; voted to approve the Minutes of March 10, 2008 as written.  VOTE: 4 yeas – Selectman Richenburg abstained.

 

Motion by Selectman Richenburg, Second by Selectman Hunt; voted to approve the Minutes of March 24, 2008 as written.  VOTE: 4 yeas – Selectman Klima abstained.

 

III.       Old Business - none

           

IV.       New Business

            a.  License Renewals:

Motion by Selectman Hunt, Second by Selectman Richenburg; 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: Marie’s Restaurant – 85 Beach Rd., Dunkin Donuts – 15 Lafayette Rd., LaChiquita – Salisbury – 188 Lafayette Rd., Jilly’s Bistro – 8 Broadway, Dunkin Donuts – 192 Elm St., and Normandy Lounge – 18 Broadway

 

Motion by Selectman Beaulieu, Second by Selectman Richenburg; 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: Latitude Sports Club – 191 Elm St., Denise’s Convenience – 183 No. End Blvd., and Dick’s Variety North – 2 Main St.

 

Motion by Selectman Richenburg, 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 the Normandy Lounge – 18 Broadway for a live band & juke box

 

Motion by Selectman Richenburg, 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 Harry’s Auto Repair – 27 Elm St.

 

Motion by Selectman Richenburg, Second by Selectman Hunt; 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 the Normandy Lounge – 18 Broadway

 

            b.  New Licenses

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to approve a General license for Wood Flooring Design – 141 Elm St., and Diane’s Salon 151 – 183 No. End Blvd

            c.  License Amendments

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to approve a License Amendment for:

Class II:  Fushpanski Motors, Inc. d/b/a Highland Motors – 205 Lafayette Rd.

General: Fushpanski Motors, Inc. d/b/a Hall’s Towing – 205 Lafayette Rd.

Repair:   Fushpanski Motors, Inc. d/b/a Stan’s Place – 205 Lafayette Rd.

These licenses were amended because the individual owner had incorporated his businesses.

 

            d.  Committee Appointments - none

 

            e.  Presentation from Waterstone Development

A powerpoint presentation was made by Waterstone Retail Development showing their proposed retail shopping center project to be called “Salisbury Gateway.” The proposed 30-acre site includes 22 acres that are zoned commercial and 8 acres that are zoned light industrial.  An article will be placed on the Town Meeting Warrant in May asking that these 8 acres be rezoned for retail use.  This development will be a mix of retail shops, restaurants and stores totaling about 270,000 sq. ft. and is located at the I-95 truck stop and former Chubby’s Diner off Main Street and Route 286.  Benefits of this project include: the creation of 600 permanent jobs, creation of 300 construction jobs, an annual property tax revenue increase to the Town of more than $275,000, traffic improvements to the intersection of Main Street and Rabbit Road and at the entrance of the retail center from the Route 95 exit intersecting Main Street and Toll Road, state-of-the-art environmental and storm water protections, LEED Green building techniques and design, and an attractive New England-style architecture.  Completion of this development is expected to be in the summer of 2010. 

 

Selectmen commented favorably on the proposal.  Chairman Klima stated that the Town and the developer would need to negotiate a Development Agreement before Town Meeting that would describe the steps the Town would take to facilitate the project and the commitments and contributions that the developer would make in return.

 

            f.   Zoning Review Committee re: Proposed Zoning Amendments

Chairman Klima presented two proposed zoning amendment articles on behalf of the Zoning Review Committee and explained that under the Massachusetts zoning law, any amendments must be presented to the Selectmen first.  The Selectmen are then required by law to submit the amendments to the Planning Board who then holds a public hearing on the proposals and makes a recommendation at Town Meeting.

 

The first article presented was to amend the official zoning map in the area of Main Street and Rabbit Road by including lot number 50 on Assessor’s map 12 in the commercial district.  The purpose of the amendment is to facilitate a proposed commercial development on the lot in question and on adjacent land that is already included in the commercial district.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to submit the article and map to the Planning Board for their review, public hearing and recommendation.

 

The second article was to amend the official zoning map in the area of Old Elm Street and Rabbit Road by including the property at 32 Old Elm Street (assessor’s map 10, Lot 2) and the adjacent section of Old Elm Street in the commercial district and the purpose of the proposed amendment is to facilitate a proposed commercial development on the lot in question.

 

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to submit the article and map to the Planning Board for their review, public hearing and recommendation.

 

            g.  Update/Presentations: Library/Assessor

Terry Kyrios reported that the Library is still a very busy place.  Circulation is up, as well as inter-library loans.  In reviewing the statistics for the third quarter it looks like circulation during nine months will exceed FY07’s total numbers.   Attendance is up for all of the children’s programs.  In addition, the children’s librarian is holding monthly “PJ” party for first and second graders that has become very popular.  Most of the summer programs have been planned and sign up will be June 16th.  The book fair held in October was very successful and will be held again October 17th, 18th, and 19th.  The appraisal day held in March was also a huge success and she hopes to have the appraiser back.  May Baskets are going to be done again this year to be distributed to the shut-ins.  The library will be participating in the Community Service Fair in May.  After the long-range survey in 2006, the Library Committee took the comments seriously and obtained a planning & design grant and formed a committee to look at planning and designing a new or renovated library that will meet the Town’s future needs.

 

Chief Assessor Cheryl Gillespie reported that her department’s focus this year is on the tri-annual certification.  A few months ago a work outline was given to the Selectmen and she stated that the department is a little ahead of schedule.  All field work with the DOR representative is done.  Patriot Properties has been working on the land schedule and implementing some new statistical analyses.  Certification date is set with the DOR for Sept. 23rd and her department is on schedule; public disclosure will be around October 13th and new growth will be presented after that and the recap will then be submitted.  Ms. Gillespie is hoping to have the tax classification hearing on November 24th.

 

            h.  Liz Pettis: re: Community Service Fair

Ms. Pettis said that Chairman Klima had shared his idea with her to try to get all clubs, organizations, boards, committees/commissions together to attract new members.  A Community Service Fair Committee was formed comprised of Liz Pettis, Jerry Klima, Lisa Pearson and Bev Gulazian.  Ms. Pettis is now coordinating this event with the goal of connecting the more than 30 clubs and local groups in town with the hope of getting more individuals interested in participating in community service and in serving on the various boards in Town.  The Community Service Day is to be held at the Hilton Center on May 31st from 9:00 AM – 12:00 noon.

 

            i.  Vote to accept St. Cyr Rail Trail Easement

Chairman Klima explained that John St. Cyr who owns the Extra Innings batting cages that lies between the rail trail and Old Elm St., has offered to give the Town, at no charge, an easement and a license that would allow the Town to extend the trail from his parking lot to the trail.  Once the easement is accepted it will be up to the Town to build the trail and maintain it.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to accept the easement from John St. Cyr.

 

            j.  Winner’s Circle Running Club – Request to Hold Annual Run for the Roses                   Women’s Road Race & Walk on May 14, 2008

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve the request for the road race subject to notifying the Police Chief.  As to the request to

 

 

provide a police officer free of charge, that is to be worked out between the applicant and the Police Chief.

 

            k. Vote to Waive Town’s Right of First Refusal re: Windgate Condos – 135 Beach                        Rd.

The Selectmen were notified by the Housing Authority that an affordable unit at Windgate Condos was being sold and since this comes under DHCD the Town has the right of first refusal.

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to waive the Town’s right of first refusal for Unit 117 in Windgate Condos at 135 Beach Rd.

 

            l.  Vote to Approve Agreement with Salisbury Community TV and Media Center,                          Inc.

Selectman Beaulieu explained that he will be abstaining from this vote since he sits on the Board of Directors of SCTV.  He had provided a copy of an Agreement that had been worked out between the Selectmen and the Board of Directors of the Salisbury Community TV & Media Center, Inc. (SCTV).  When the Agreement was prepared, the dollar figure in Section 8 was not known.  After review with the Finance Director that figure was agreed to be $35,330.67 and was inserted in Section 8.  The basic purpose of the agreement is for the Town, through the Board of Selectmen to have SCTV provide the PEG access coverage for our community.  SCTV will be paid the 4% the town receives from its contract with Comcast.

Motion by Selectman Richenburg, Second by Selectman Knowles; voted to approve the Agreement between the Town and SCTV and Media Center, Inc. on the 14th day of April 2008 and under Section 8 include the dollar value of $35,330.67.  VOTE:  4 yeas – Selectman Beaulieu abstained.

 

            m. Vote to Approve Administrative Assistants Contract

Mr. Harrington had provided a confidential memo relative to the main points of the contract.  However, if the Board had any comments or questions they may vote to discuss this in Executive Session later in the meeting.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to discuss in Executive Session.

The following vote was taken at 10:10 PM after returning to open session.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve the Administrative Assistants Contract as presented by the Manager.

 

V.        Comments by Visitors

Gracemarie and Joyce Tomaselli expressed their concern again about the increase in the sewer rate and stated that they had not yet received the study they requested at the last meeting.  Selectman Beaulieu stated that at the previous meeting he had referred to a study but later learned that the prior DPW Director prepared a report to come up with a rate, but it was not a study and he did not have anything to give to them.  Chairman Klima very clearly and patiently, explained the whole process as to how the sewer rate study committee arrived at the $10/month increase and why the committee recommended continuing to base sewer rates on EQR’s rather than water usage.  He said that he would be proposing that the Selectmen as Sewer Commissioners place an article on the May Town Meeting warrant that would give the Town Meeting the opportunity to reconsider and rescind earlier votes on the subject.  The Tomaselli

 

 

 

 

sisters continued to claim that the Town has been overcharging them for 18 years.  Chairman Klima stated that the continuing discussion was non-productive and asked them to sit down; they refused and continued to talk over him.  He continued to ask them to sit down and stop talking and they refused.

 

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to move into Executive Session at 9:30 PM to discuss the Administrative Assistants Contract and to return to open session.  Those present will be the full Board, Town Manager and Secretary.  Roll vote:  Selectman Knowles – yes; Selectman Hunt – yes; Selectman Beaulieu – yes; Selectman Richenburg – yes; Chairman Klima – yes. 

 

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to move out of Executive Session at 10:10 PM and return to open session.

 

VI.       Sewer/Water

            Vote to Approve Warrant Article re: Sewer User Fees

Chairman Klima presented a Town Meeting warrant article proposing to rescind earlier Town Meeting votes relating to sewer user fees.  Selectman Beaulieu said issues and questions are being raised concerning warrant articles adopted in 1990 and 1992 re: sewer user fees.  He clarified that they were votes taken at town meeting and any vote taken at a town meeting can be rescinded at a later town meeting.  He said that the Town is being accused of doing things illegally which isn’t the case.  Rescinding these articles will clarify matters.

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to approve placing the proposed warrant article on sewer user fees on the May 2008 Annual Town Meeting Warrant.

 

VII.     Correspondence

  • Notice of a plant sale on April 26th from 9 – 2 at Great Meadows.
  • Notice of the “Dare to Dream” fund raiser breakfast to benefit the Jeanne Geiger Crisis Center.
  • Invitation to the Selectmen from the Baseball and Softball League to opening day on April 26th at 8:30 AM with a rain date of April 27th.
  •  

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 Knowles; unanimously voted to ratify the signing of the following weekly warrants – W08-147 through W08-161.

 

Selectman Hunt received a call last week about the serious odor problem at Landscape Express and also about their running their vehicles at 5:30 AM as in the past.  He feels they are going against everything the Town has worked for to protect the community and thinks the town should contact somebody to get them to get in line with the conditions of their license. 

 

Selectman Richenburg suggesting having the police drive by there at 5:30 AM and record it so the Board has the information and the same with the odor problem.  Having a record would be helpful so the Board can inform the owners accurately as to what the problems are and when they occur.

 

Selectman Knowles said the he would like to have a workshop with the Harbor Commission and the Selectman.  Chairman Klima agreed there are a lot of issues relating to marina permits and completion of the harbor management plan.  It was agreed to have the workshop on May 6th if the Harbor Commission was available.

 

Mr. Knowles said that he had attended the last couple master planning meetings where it was suggested that the Town create an energy commission or committee.  He presented a proposal and it was the consensus of the Board that creating a committee was a good idea.  The Board agreed to place the matter on the next meeting agenda for adoption.

 

Selectman Richenburg asked for an update on the marina situation as to what is going on with Rings Island Marina and suggesting having the Harbormaster and Harbor Commission come in with a report.  Mr. Harrington said he met with the Attorney who represents Rings Island Marina and they do intend to come before the Town for all permits and licenses after they hear from the Army Corps of Engineers.

 

Selectman Beaulieu has received several calls from residents of North End Blvd. about their concerns of speeding and would like the Board to request the State to reduce the speed limit to 30 or 35 MPH.  It was his request to have the information at the next meeting as to the process of reducing the speed limit on this State road.  He also said they would like more crosswalks.  Mr. Harrington said every year the Salisbury Beach Betterment Association sets priorities and are working on several issues. He said that the Police Chief is getting cones to place in the crosswalks.

 

Selectman Beaulieu asked if the SCTV & Media Center could be included in the Board presentation schedule.  The Board agreed.

 

Chairman Klima said there is going to be a meeting at 3:00 PM on April 16th to review the near final draft of the Natural Hazard Mitigation Plan.  If the plan is accepted by MEMA and FEMA the Town will be eligible for flood hazard mitigation grant funds.

 

XI.       Executive Session

See vote to go into Executive Session under Section V – Comments by Visitors.

Board adjourned to open session at 10:10 PM and resumed with the remainder of the Agenda.

 

XII.     Adjournment

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to adjourn at 11:05 PM.

 

Respectfully submitted:

Janet E. Flannery, Secretary

 

                                                            Approved: ___________________________

                                                                              Fred Knowles, Clerk