BOARD OF SELECTMEN’S MEETING
APRIL 14, 2009
Chairman Russo opened the meeting at 7:05 p.m. with the pledge of allegiance to our flag. Selectmen Joseph Story and Jen Wright and Town Administrator Chuck Kostro were present.
It was moved by Selectman Wright, seconded by Selectman Story and voted unanimously to refer back to the Planning Board the proposed zoning by-law changes and stormwater management by-law as presented for the purpose of a public hearing, in preparation for the May 26th Annual Town Meeting. Martha Taylor, Town Planner advised that the public hearing is tentatively scheduled for May 6th.
Chief Michael Reilly presented commendations to Sergeant Larry Kent and Officer Keegan Stokes for duty above and beyond in the successful rescue of a gentleman in distress lost in the River Trail area of Old Town Hill on March 16th. A commendation was also awarded to ACO Carol Larocque for duty above and beyond to find a loving home for a chocolate lab found abandoned on Rte. 1 on Feburary 11th. The Selectmen expressed their appreciation to the Newbury Police Association for agreeing to a wage freeze for FY10 and applauded them for their contribution to help solve the Town’s budget difficulties for this fiscal year.
Town Administrator Chuck Kostro updated the Board on the reconstruction project for Elm, School and Lower Central Streets. Because we now have a street sweeper procured with Chapter 90 funds, street sweeping has started early and should be more efficient than working around a contractor’s schedule. The draft FY10 budget has been given to the Finance Committee and should be finalized on April 21st. Department heads will have it on the 22nd and the Selectmen should receive it on April 28th for approval at their meeting. On a motion by Selectman Wright, seconded by Selectman Story and voted unanimously Kostro was authorized to transfer betterment funds in the amount of $209,332.85 from the Special Assessment Fund to
the General Fund. Kostro noted he was presently attending procurement certification classes in Boston so that standardized procedures for contracts can be put in place.
A request from Triton Pop Warner to use the Byfield Yellow School for storage of equipment (now stored in the Woodbridge School) was denied. It was suggested they look to Triton or a private facility for storage space. At Sam Joslin’s suggestion, a mandatory clean-up day will be scheduled for all departments to organize and clean out files and materials stored in the Woodbridge School.
David Newbert of the Capital Planning Committee is looking for new members to replace Dick Bazirgan and Marc Simmons. The openings will be advertised on the web site along with a mission statement in hopes of attracting interested parties.
At the request of National Grid the subject of street lights was tabled until the next meeting on April 28th.
A late application for a commercial clamming permit was approved for Daniel Noyes of Cottage Road on a motion by Selectman Wright, seconded by Selectman Story and voted unanimously.
A request from Audrey Keller to place campaign signs on Town property was addressed. It was noted that most of the locations noted in the request were either State property or Newburyport property. After a brief discussion and review of the sign by-law, Ms. Keller withdrew her request.
A request from Triton Class of ’09 to advertise their craft fair on May 16th was discussed. The moratorium on banners on the back stop is still in place. However, it was moved by Selectman Story, seconded by Selectman Wright and voted unanimously to permit sandwich board type signs to advertise this fund raising event. It was suggested that these signs be anchored or weighted down so they do not blow over in the wind.
Selectman Wright advised that her final draft for a permanent sign for the Upper Green would be presented at the next meeting. She is working with Rick Salmonson and Kathleen Pearson on this project.
A letter from Riverfront Marine complaining about fees and services provided by the Harbormaster was discussed. There was no one present from Riverfront Marine. Harbormaster Brendan Stokes explained the fee structure, uses of the fees, the duties of the department and he compared our fee structure to other surrounding towns. He noted that in accordance with the “Public Trust Doctrine” the waters of the Commonwealth are held in trust for the benefit of the public and questioned if private businesses should be allowed to make a profit on land they don’t own or pay taxes on. Brendan proposed a motion to remove all moorings and/or commercial mooring dock permits from the Town’s Chapter 122 Waterway Regulations. The Board advised
that this motion should be addressed by Counsel to see if the Town is at risk with the current situation or does it need to be changed. It was voted by the Board to refer this matter to Counsel for an opinion. As an aside, the Assessors will be asked to invite Patriot Properties to a Selectmen’s meeting to address the assessment of commercial properties in Newbury.
A request from Michele Augeri to temporarily close a section of Boston Road and Hay Street during the spring amphibian migrations was discussed. Michele explained the migration habits of the frogs and salamanders and, while we are too late this year, she asked if this matter could be considered for next spring. She was advised to address the situation first with Fire and Police for their opinion. In the meantime it was suggested that we explore possible grant funds through PRCWA and Mass Fisheries to construct tunnels for the migration. Augeri will speak with Fire and Police and return with a report in a few months.
The minutes of the March 24 and 26 meetings were accepted as presented with one correction to the executive session of March 26th, changing the word rehabilitation to termination in the second paragraph. This was moved by Selectman Story, seconded by Selectman Wright and voted unanimously.
Selectman Wright asked about Newbury Auto Sales. Chairman Russo advised that the condemned building had been removed and the front of the property had been cleaned up. A site maintenance plan has not been submitted to date. Kostro will contact Atty. Cassidy regarding this matter. Wright also asked about the environmental impact on the land at the JRM site. A letter will be sent to Doug Packer, Conservation Agent, asking him to investigate the site.
On the recommendation of the Personnel Board, John Wilkinson of High Road was appointed to the Personnel Board to fill Don Bade’s term until 2010, on a motion by Selectman Story, seconded by Selectman Wright and voted unanimously.
A request from the Byfield/Newbury Baseball League to use the Upper Green ball field from April 26th through the end of June was approved on a motion by Selectman Story, seconded by Selectman Wright and voted unanimously.
A letter from the American Diabetes Association announcing their North Shore Tour de Cure on Sunday, May 31st was acknowledged and filed.
On a motion by Selectman Story, seconded by Selectman Wright and voted unanimously, a letter of support for abatement of taxes on the Buzzotta house will be forward to Senator Tarr to file with the legislature.
A business license was renewed for Michael Morris d/b/a Schneller on Middle Road on a motion by Selectman Story, seconded by Chairman Russo and voted. Selectman Wright abstained from the vote.
An invitation to the Selectmen from the Byfield/Newbury Baseball League to participate in their opening day festivities was read and filed.
A letter of thanks from Principal Jordan at NES for help with snow removal and sanding was read and filed into the records with appreciation.
A letter to local farmers from the Agricultural Commission was read and filed into the records. Kostro noted that their web site is up and running.
Selectman Wright noted that the contract with Comcast is on file and waiting approval. A meeting will be scheduled for next week with Counsel, the Cable Advisory Committee and the Selectmen for review and final approval.
Due to the scheduling of a Senior Center Building meeting at the Byfield Fire Station Tuesday, April 28th at 6 p.m. a question was raised as to where to hold the Selectmen’s meeting that evening. Kostro will investigate and report back to the Selectmen.
The meeting was adjourned at 9:15 p.m. on a motion by Selectman Story, seconded by Selectman Wright and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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