BOARD OF SELECTMEN MINUTES OF JUNE 9, 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.

            Re-Organization of the Board

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted to keep the same officers as in the past year.  Namely, Selectman Klima – Chairman; Selectman Beaulieu – Vice Chairman; Selectman Knowles – Clerk

 

II.        Acceptance of Minutes

            Minutes of February 25, 2008 and March 10, 2008 – Executive Sessions

            Minutes of May 12, 2008 – Regular Session and May 19, 2008 – Special Session

Motion by Selectman Beaulieu, Second by Selectman Richenburg; voted to approve the Minutes of February 25, 2008 – Executive Session.  VOTE: 4 yeas – Selectman Hunt abstained.

 

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

 

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve the Minutes of May 12, 2008 – Regular Session and May 19, 2008 – Special Session as presented.

 

III.       Old Business - none

           

IV.       New Business

            a.  License Renewals:

Motion by Selectman Richenburg, Second by Selectman Hunt; unanimously voted to renew the following three licenses:

General license and an Entertainment license for Rusnik Campground – 115 Lafayette Rd., with the same conditions/restrictions that may have been on the original license and all subsequent renewals.  Also a Repair license for Rob Roy Auto – 50R Elm St., Unit 4 with the same conditions/restrictions that may have been on the original license and all subsequent renewals

 

            b.  New Licenses

Mr. William Buckley, representing OVC, LLC which is taking over the establishments previously owned by Harold Nabhan, explained the licenses being applied for and said that the Beach Club is being cleaned up and will be open for functions only, not day to day.  Selectmen Beaulieu pointed out that on the Sunday licenses it is clearly stated that entertainment is not to start before 1:00 PM; however the applicant wrote 12:00 as the starting time.  Mr. Buckley said it should have been written as 1:00 PM as he couldn’t see it ever being earlier.  As far as outdoor entertainment, it will be on a small scale and would only be at the 25 Broadway location that abuts the ocean and the pavilion.  Selectman Beaulieu said he would like to have a noise restriction as to the decibel level and have it noted on the license.

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to approve a Sunday license for OVC, LLC d/b/a Surfside 5 – 25 Broadway and any outdoor entertainment will be operated at the proper decibel level acceptable with the proper authorities.

 

Motion by Selectman Richenburg, Second by Selectman by Selectman Beaulieu; unanimously voted to approve a Common Victualer license for: OVC, LLC d/b/a Surfside 5 – 25 Broadway and OVC, LLC d/b/a The Beach Club – 4 Oceanfront No.

 

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to approve an Entertainment license for: OVC, LLC d/b/a Surfside 5 – 25 Broadway and OVC, LLC d/b/a The Beach Club – 4 Oceanfront No. Monday thru Saturday from 12:00 PM – 1:00 AM and from 1:00 PM – 1:00 AM on Sunday. 

 

A request was received on behalf of the Beachfest for amusement rides at the old Pirates Park location taking place June 27th thru the 29th.  The request was made prior to the closing of the agenda, but the actual application didn’t arrive until today.

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to approve the rides contingent on getting all necessary town approvals and provided a copy of the State’s safety inspection report is given to the Board.

 

Motion by Selectman Richenburg, Second by Selectman Hunt; unanimously voted to approve a General license for: The Green Cocoon – 141 Bridge Rd., Unit 107, and the Treasure Chest – 48 Elm St.

 

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to approve a General license for Robyn’s and Roses – 119 Ferry Rd. contingent that there be no employees or customers on the premises at any time.

 

            c.  License Amendments

Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to approve the name change on the following licenses from Wobbly Pop Sports Stop to:

Entertainment - OVC, LLC d/b/a Capri – 3 Central Ave. for a juke box, band & DJ (2 licenses) Monday thru Saturday from 12:00 PM – 1:00 AM

Common Victualer - OVC, LLC d/b/a Capri – 3 Central Ave.

Sunday - OVC, LLC d/b/a Capri – 3 Central Ave. from 1:00 PM – 1:00 AM 

 

            d.  Committee Appointments

Selectman Beaulieu highlighted all the upcoming vacancies and announced that people interested in serving should send a letter to the Selectmen no later than June 18th and incumbents wishing re-appointment should do the same.

 

            e.  Update/Presentations – Fire Chief and License Commission

Chief Souliotis reported that the “table top” drill took place with 57 people participating; the ratings and results should be in soon.  The exercise went well and Homeland Security indicated that Salisbury did very well.

All SCBAs have been received and are in service.  Permits have been issued to the people buying the McKenna property and the underground tanks should be removed in the next three weeks.  His department has completed the NIMS training for this year and everybody is certified.  Calls are up by 150 over last year.

Paul Doyle, Chairman of the License Commission was accompanied by Commissioners Colburn and McMenimem.  Mr. Colburn said there are no vacancies at this time and that they have an outstanding group of people on the Board and they also have a liaison with the Police Dept. now.  Mr. Doyle stated that in the past three years there have been no vacancies and have had the same secretary for 3 years. 

Changes in ownership at the Sands, The Five O’Clock Club and the Beach Club have been approved through the processes established at public hearings that were properly advertised.  Bevie B’s has been closed for the last month and her son and daughter are going to appear before the Commission tomorrow evening to inform them of their plans.  There is also talk about changing the closing hour at the suggestion of the Police Chief and Sgt. Merrill since the surrounding towns close earlier than Salisbury.  Mr. McMenimem commended Mr. Doyle and the way he runs the Board in such an organized and professional manner.

Selectman Hunt said he attends many of their meetings and commended them for their sincerity, integrity and polite manner and thanked them for the good job they do.  He feels they are a credit to our community and town.

 

            f.   Resolution in support of Sen. Baddour’s Budget Amendment

Chairman Klima drafted a Resolution to support Senator Baddour’s amendment to the budget creating a Salisbury Beach Preservation Trust Fund.  Under Senator Baddour’s plan, visitors to Salisbury State Reservation and the beach would pay an additional $2.00 to park and campsites would also be surcharged an additional $2.00 per day.  This additional money would go into a trust fund to be used to prevent erosion and preserve the beach.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to sign and adopt the resolution as presented.

 

            g.  FY09 Goals & Objectives – Schedule Workshop

Chairman Klima suggested that the workshop be held on Thursday, June 12th but due to several of the Selectmen not being available, it was agreed to hold it on Monday, June 30th at 5:00 PM.

 

            h.  Appointments to the Salisbury Energy Committee

Motion by Selectman Knowles, Second by Selectman Beaulieu; unanimously voted to appoint Cheryl Gillespie, Robert Campbell, Isa Cann, Wayne Capolupo, and Fred Knowles to serve on the newly created Salisbury Energy Committee and have them report to the Selectmen in one year.

 

            i. Vote to assent to voluntary withdrawal of 14 and 14A Friedenfels Rd. as registered        land

Mr. Harrington explained that there is an approved subdivision at this location and the owner, Mrs. Stevens wishes to take these two parcels out of the registered land system.  Since she has her taxes deferred, she was advised to have the Assent approved and signed by the Selectmen because the closing cannot take place without it.

Motion by Selectman Beaulieu, Second by Selectman Hunt; unanimously voted that the Board sign the assent for the tax deferral on 14 and 14A Friendenfels Road.

 

V.        Comments by Visitors

Brian Mullen, owner and operator of Cove Marina, requested the Selectmen to ask the harbormaster/harbor commission to hold a hearing on the small boat facility.  Chairman Klima

 

 

explained that it would be difficult to tell a board to have a hearing or attempt to try and run their Board.  He further explained that the Selectmen are meeting with the harbor commission in a joint meeting and could discuss this.  It was the general consensus of the Board to see what the outcome is at the meeting on June 30th and if everything isn’t finalized then this issue will be taken up at a later date.

 

VI.       Sewer/Water

            Schedule Hearing on: 1) extension of the water & sewer access fee schedule; 2)            amendment of access fee regulations; 3) amendment to sewer user fee rules &   regulations; 4) amendment of EQR schedule for restaurants

Chairman Klima said he’s been working on many aspects of the access fee rules and suggested that a hearing be held.  The extension of the water and sewer access fee schedule must be adopted and go into effect during June 2008.

 

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to schedule a public hearing on June 23, 2008 at 7:30 PM to amend the sewer and water access fee regulations and the EQR Schedule.

 

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to schedule a public hearing on June 23, 2008 at 8:00 PM to amend the sewer user fee regulations.

 

VII.     Correspondence

  • Notice of the Chamber of Commerce recognition dinner at the Beach Club scheduled for Thursday, June 19, 2008.
  • Notice from the Great Meadows Tenants Organization re: their Family Day to be held on July 19, 2008 from 9AM – 2PM.

 

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. W08-179 through W08-198

         

Chairman Klima announced a public hearing is to be held on June 19, 2008 at 7:00 PM on the preliminary design of the rail trail that will go from the Merrimack River at Friendenfels to Mudnock Rd.  He also reported on the first Community Service Fair which was held at the COA on May 31st with great success.  There were 21 organizations and they all said it was worthwhile and they would do it again.

 

Selectman Knowles referred to the Comcast bill highlighting their letter offering a free HD box for one year, and he suggested that a representative be invited to a meeting to explain this offer.

 

 

 

 

XI.       Executive Session

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to move into Executive Session at 9:30 PM for the purpose of discussing pending litigation 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; Selectman Richenburg – yes; Chairman Klima – yes

 

XII.     Adjournment

Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to adjourn after Executive Session at 9:50 PM.

 

 

Respectfully submitted:

Janet E. Flannery, Secretary

 

                                                            Approved: ___________________________

                                                                              Fred Knowles, Clerk