BOARD OF SELECTMEN MINUTES OF APRIL 28, 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 April 14, 2008

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve the Minutes of April 14, 2008 as written.

III. Old Business - none

IV. New Business

a. License Renewals – no applications received

b. New Licenses – no applications received

c. License Amendments - none

d. Committee Appointments - none

e. Update/Presentations – COA Director

Ms. Pettis stated that the Senior Center is a very busy place and programming is growing. They now have fitness classes and strength classes with 25 participants, yoga, senior fitness and line dancing. Last week Chronicle highlighted their line dancing instructor. Ms. Pettis will try to get a copy of the tape so it can be shown at the Center for those who missed it. Movie afternoon is held every other Thursday and the choral group is starting up on Wednesday, April 30^th. The SHINE counselor will be starting up again by appointment two days a month and Elder Services once a month. Over the past year Meals-on-Wheels increased from 4,600 to 5,600 meals served and the number of congregate meals increased from 300 to 1,300. Outreach visits by Joanne Roy have doubled and her in-house visits have tripled. She is a great advocate with the seniors and spends a great deal of her time doing field work. Van driver, Susan Kilduff has been trained and is now certified in CPR. The van operates every Monday, Tuesday and Wednesday. There is one person on board for the tax relief work-off program; 11 applications have been received and Ms. Pettis is still waiting for them to be qualified. May is “Older American Month” and there will be a celebration with a pasta dinner sponsored by the Fire Dept. on May 15^th. The Housing Authority donated a wireless modem to be used as part of the computer lab. In closing she announced that on Saturday, May 31^st the first Community Service Fair will be held for Salisbury’s non-profit groups from 9:00 AM – 12 Noon at the Senior Center.

f. Presentation by Robert Cook, Emergency Management Director

Mr. Cook explained in more detail what the emergency management team actually does. They are in the process of updating the Town’s comprehensive emergency management plan and are close to completion. On May 15^th a major “table top” exercise is scheduled to take place in West Newbury. This will be based on an accident at the intersection of Rte. 95 and 495 involving chlorine; it will show how prepared we really are and once this exercise is done he hopes that the Town will be certified nationally. Although nothing actually will be taking place on the highway, decisions will be made as if there was an accident and the exercise will go toward the Town’s certification. His department interfaces with State and local officials on a daily basis and anytime there is an emergency beyond what the Town can provide services for they work with the State. Two years ago a Northeast Advisory Council was formed which provides resources and equipment for the Town. Another new agency, Share Point, is an agency that combines equipment availability such as radio equipment and heavy duty equipment. “Web EOC” was put into operation about a year and a half ago and can be taken out in the field if necessary. Over the past few years, the Federal Government mandated that every community has to be trained for the national incident management system. All fire, police and emergency management personnel in Salisbury have been trained according to NIMS400, thereby making Salisbury qualified. In closing he said that Salisbury is unequivocally one of the best prepared communities in the area. Chairman Klima thanked Mr. Cook for all his efforts, both the hard work he has put in and all the work he continues to do.

g. DPW Director re: Vermont Street area becoming a one-way

Mr. Levesque stated that local residents had presented a petition requesting the Town to investigate the possibility of changing the traffic pattern on Vermont Street and Ocean Front South. Mr. Levesque said that he had investigated the options and would recommend a 90-day trial period during which Ocean Front South would be made one way heading south and Vermont one way heading west with a single lane and parking on both sides of the street. Mr. Levesque noted that Ocean Front South is owned by DCR and said he would meet with them to find out if they have any problem with the pattern. He said that no formal vote is required but if the Board is opposed to the change he doesn’t want to go forward. Two of the petitioners were present: Tony Tuccelli who lives on Vermont St. said he has noticed many near misses especially in the summertime; the street is so narrow that two vehicles cannot pass each other safely. John Housianitis also from Vermont Street reinforced Tony’s comments and thanked Mr. Levesque for the effort he has put into this project. Selectman Beaulieu suggested that Mr. Levesque work out a schedule to present to DCR.

h. DPW Director re: Reducing Speed Limit on North End Blvd.

At the last meeting, Selectman Beaulieu raised the question about reducing the speed limit on No. End Blvd. because he had received several calls from residents requesting this action. Since that time he found out that the request to Mass Highway has to come from the Police Chief who said he would be happy to do so if the Selectmen ask him to do so.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to ask Chief L’Esperance to send a letter to the appropriate State authorities requesting the speed limit on No. End Blvd. be reduced from 40 MPH to a lower speed limit, and to state the reasons why he feels the limit should be reduced.

Mr. Harrington said that the Police Chief indicated that in his discussions Mass Highway expressed some skepticism about dropping the limit from 40 MPH to 30 MPH because the traffic count only justifies it in the summer. Therefore, if Mass Highway is not inclined to reduce the speed limit year-round, we may want to negotiate something with them by having the reduction only in the summertime. However, the first goal would be to reduce it year round.

i. Presentation by Salisbury PTA

Ms. Holly Janvrin, President of the PTA, reported that they have had a very successful year. Smart boards were just introduced to the school and the children are being taught on their use. This is an exciting program and the Salisbury Elementary School is the first in the district to use it. The PTA received a $500 grant from Comcast, and another $7,500 grant is coming for the school library. The cash calendar fundraiser was a great success. In closing she said the PTA is grateful to the Selectmen for their attendance at their meetings and thanked them for coming and partaking and helping them out, listening to them and making them feel a part of the Town. Overall, she thinks it is very important for the children to know who the Selectmen are, as well as the Fire Chief, Police Chief and the Town Manager.

Chairman Klima thanked the PTA for all their time and effort and the energy they bring to the school and to the Town. Selectmen Richenburg complimented them and said it is refreshing to go to their meetings as a Selectman and see the enthusiasm and to know that the children are represented very well.

j. Vote on Formation of Energy Committee

Selectman Knowles has attended some of the Master Plan meetings and one issue raised was how should the Town go about getting the best bang for the buck on energy. Therefore, he suggested that the Town create an Energy Committee whose purpose would be to explore, advise, and recommend to the Town recyclable, renewable, and resourceful energy options. This would be a five-member board, and hopefully one member would be a planning board member or alternate. He would be glad to serve, but would step aside if enough people came forward to serve. The three tasks would be: 1) to research and to report to the Town of Salisbury the efficacy of wind power; 2) to ascertain grant programs through the Commonwealth as it relates to wind turbines, and 3) to review different zoning options that would be needed for businesses or residents to locate wind turbines. He suggested that the committee report to the Selectmen after 6 months and then again in 12 months.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to create an Energy Committee as outlined.

k. Discussion of Town’s Natural Hazards Mitigation Plan

Chairman Klima said that he and the Town staff have been working with MVPC on a Natural Hazards Mitigation Plan. He said that Salisbury is one of the first local towns to have developed a plan. Once this plan is approved by MEMA and FEMA the Town will be eligible for flood hazard mitigation grants. There are a few final corrections that need to be done and he would like the Board to authorize the Town Manager to do this and submit it as soon as possible. Some areas that are addressed in the Plan are: beach erosion, over-wash at the Beach Center, Blackwater River flooding, Beach Road flooding, March Road, First Street, and Ferry Road flooding, and flooding on Juno Street, Jak-Len Drive, Lafayette Road at Smallpox Brook, and Old Town Way.

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to authorize the Town Manager to make the final corrections to the Plan and submit it as soon as possible.

l. First Reading of Proposed Policy re: Comments by Visitors at Selectmen’s Meetings

Chairman Klima noted that there have been some problems with managing Comments by Visitors at several recent meetings. He had reviewed the policy on public participation in meetings in Section IV-F of the Selectmen’s Handbook and found that it could use some improvements. He stated that the State statute governing public meetings reads as follows: “General Laws Chapter 39: Section 23C. Regulation of participation by public in open meetings. Section 23C. No person shall address a public meeting of a governmental body without permission of the presiding officer at such meeting, and all persons shall, at the request of such presiding officer, be silent. If, after warning from the presiding officer, a person persists in disorderly behavior, said officer may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned.”

Chairman Klima suggested that the current policy be amended by adding the following at the end and deleting the next to the last sentence of the final paragraph in order to avoid repetition.

“Normally, the period set aside for all visitor comments is limited to about 10 minutes, and each visitor’s time is limited to 2 to 5 minutes, but these periods can be lengthened or shortened in the discretion of the Chairman. If it appears that a matter discussed during Comments by Visitors requires additional time for discussion or requires official action, the Selectmen may decide to place the matter on the agenda of a future meeting.”

“Under Massachusetts law no person may address a public meeting of a governmental body such as the Board of Selectmen without permission of the presiding officer at the meeting. In addition, all persons at a public meeting must be silent if the presiding officer so requests. If, after a warning from the presiding officer, a person persists in disorderly behavior, the presiding officer may order him or her to withdraw from the meeting. If a person ordered to withdraw does not do so, the presiding officer may order a constable or other person to remove him or her and confine him or her in a convenient place until the meeting is adjourned. Massachusetts General Laws, Chapter 39, Section 23C.”

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to bring this forward for a second reading at the next meeting for implementation.

m. Report from Harbormaster and Harbor Commission re: Marina Permitting Issues

Harbormaster Ray Pike said he has talked with the attorney representing Ring’s Island Marina who appears to be happy with the notice in the newspaper and is willing to proceed with the hearing on May 1^st on the 2006 permit when Mr. Audette extended the marina’s floats. He further stated that in the past, people were under the impression that all marinas needed for an expansion was an Army Corps permit and nothing further from the Town, but that is not the case. Everyone knows now that they need a local permit; some marinas have submitted applications and he feels they will all do so. Chairman Klima thinks it is important that everybody be on the same page as to how the permitting should be handled to avoid conflict and confusion.

James McCarty, Chairman of the Harbor Commission, stated that the Harbor Commission’s role is to review and approve Army Corps permits after they are issued. Without a Harbor Commission approval, an Army Corps permit cannot be used. He noted that the Army Corps is concerned only with navigation and not with what the effect of a permit may be on shore. He stated that people applying for permits for marinas or expanding marinas also need to get the necessary permits from the ZBA and the Conservation Commission. Selectman Beaulieu’s concern is that the harbor department treat every marina the same and hold them all responsible to the same procedures.

n. Vote to submit proposed Zoning By-Law Corrections to Planning Board

Chairman Klima stated that his had been placed on the agenda at the request of the Planning Board, but after it was reviewed no action is necessary at this time.

V. Comments by Visitors – none

VI. Sewer/Water – no action

VII. Correspondence

• Notification that the Walk Against Violence has been changed to Sunday, October 19^th starting at the Bartlett Mall in Newburyport.
• Memorial Day Parade is scheduled to take place on May 26^th gathering at 9:30 AM in front of the Fire Station.

• Notice of the Boys & Girls Club Silent Auction this Saturday at 6 PM in the Memorial School and tickets are $35.

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. W08-162 through W08-165 and W08-170 through W08-175.

Selectman Beaulieu spoke about the upcoming MMA Regional Conference and asked if any of the Board members were attending and if not he would do so. The Manager said he was planning on going. Selectman

Beaulieu suggested that a subcommittee of the Board review the Selectmen’s Handbook and update it. Chairman Klima suggested that everybody look at it individually and come up with the changes.

Mr. Beaulieu also suggested having an “appreciation night” for anyone who serves the Town; he would like the Board to take a look at that and get something together for the fall.

Chairman Klima reported that the Salisbury Coastal Trails group, Town staff and Timberland Company had a wonderful Earth Day last week working on the rail trail; there were about 100 volunteers who build two trail bridges, laid stone dust, built fences, and erected trail signs. He said that at this point almost one mile of the trail has been completed with about another mile to go.

XI. Executive Session - none

XII. Adjournment

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to adjourn at 9:55 PM.

Respectfully submitted:

Janet E. Flannery, Secretary

Approved: ___________________________

Fred Knowles, Clerk