BOARD OF SELECTMEN’S MEETING
NOVEMBER 23, 2010
Chairman Story called the meeting to order at 7:05 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bear, Bulgaris, Keller, Walker and Town Administrator Chuck Kostro.
On the recommendation of the Finance Committee, Marshall Jespersen was appointed as a member of their committee for a three year term on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously. Also recommended by the Finance Committee, Frank Visconti was accepted for one of the citizen’s slots for the Capital Planning Committee when the committee is reactivated.
On the recommendation of the Personnel Board, Richard C. Harris was appointed to fill an open seat and Diane Doyle was appointed as the second employee representative on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
On a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously, Deborah Rogers was appointed as Newbury’s liaison to the MVPC/Meridian Engineers who will be conducting an evaluation of potential renewable energy projects at selected landfill sites.
Regarding the holidays, Kostro advised that town hall employees would take a floating holiday for Christmas and New Years as both fall on a Saturday. This will enable town hall offices to remain open on their regular schedule.
The Salt Shed Repair Project has been advertised in the Central Register and to date seven packages have been requested. The bids will be opened on 12/9 and a pre bid conference will be held at the barn. This project will be funded by Chapter 90.
A request from the Town of Orleans asking for a designated representative from Newbury to participate in a regional effort for beach management and the Endangered Species Act was tabled to the December 14th meeting to allow the Board time to review the proposal.
A request from the Town of Ipswich for a letter of support to go with a grant application for the Great Marsh ACEC was tabled to the December 14th meeting to allow the Board and Conservation time to review the proposal.
Kostro updated the Board on Middle Road. He noted that Mass Highway has helped drain the road and it has been reopened in both directions. Bill Decie is working on culvert specs and permitting for Mr. Bandoian but has not filed with Conservation as yet. The road continues to be monitored and may be closed again if the water rises as there is a possibility of icing. Captain Pearson stated road closure was not a good option as it makes ambulance and fire calls slow and dangerous. He felt the road should be kept open if at all possible.
At 7:15 p.m. the legal notice was read and the tax classification hearing was opened. Assessor Budd Kelley advised that his board recommended a single tier tax rate, no open space exemption, no residential exemption and no small commercial exemption. The Assessors recommendations were accepted as presented on a motion by Selectman Keller, seconded by Selectman Bear and voted unanimously. The recap was signed manually and will be signed electronically tomorrow by at least three Selectmen for filing with the DOR.
At 7:20 p.m. the legal notice was read for a public hearing to declare 87 Middle Road as surplus property. A description of the property was given. Selectman Bear noted that the TOSDC had voted to request the BOS declare this parcel of town-owned land as surplus. It was moved by Selectman Bear, seconded by Selectman Keller to declare this parcel as surplus property. There was no discussion, questions or public input and the motion was voted unanimously.
Kostro presented a draft RFP for the sale of 5.4 acres (3 Temple Boulevard) on Plum Island. An appraisal of the property was submitted by Property North Appraisals, Inc. with a recommended appraisal based on info from the Assessors office. Based on this information an appraised value of $1.7 million was suggested with a quick sale number @ 75% or $1.19 million. The minimum bid price was to be determined by the BOS. The RFP would then be advertised with a bid opening date of January 24, 2011 and the award will be to the highest bidder. Selectman Keller moved to set a minimum bid price, seconded by Selectman Bear and opened to discussion. Keller commented that the minimum price should be more than the appraisal as it
is a beautiful piece of ocean front property that may allow two building lots. Walker noted that a reasonable bid price was needed. Bear advised this was being offered as one lot. What is done after the sale is entirely up to the buyer. David Powell of the Planning Board asked if there is any implication from the Town that this is a buildable lot. Kostro stated the purchase was at the buyers peril and the Town could cancel the offer at any time prior to award for any reason should problems arise. The appraisal is for informational purposes only. Assessor Kelley stated this is a specialty property and will attract a limited buyer who will be a savy buyer. The number should be set high as we are selling a prime lot on the water. Selectman Bear suggested $1.5 million as a minimum price. Selectman Bulgaris suggested going high
at $3.75 million. Kelley noted that the assessed value is $1.7 million. After some discussion it was moved by Selectman Bear, seconded by Selectman Keller and voted unanimously to set the minimum bid price at $1.7 million. Chairman Story asked if the bid opening date should be extended because of the holidays. It would give interested parties time to inspect and evaluate the property. It was moved by Selectman Keller, seconded by Selectman Bear and voted unanimously to change the bid opening date from January 24th to March 1, 2011.
Kostro advised that a Road Safety Audit (RSA) and proposals for design work have been received from Mass DOT for Byfield Center. Engineering including survey and base plan, preliminary design, landscape design and public outreach are proposed at a cost of $60K which would be covered by Chapter 90 funding. Commitment to this project may allow the town to pursue additional funding for construction and/or additional improvements beyond the village in the form of Public Works Economic Development (PWED) or additional Chapter 90 funds and prioritize Newbury on the State Transportation Improvement program. Selectman Keller moved to accept these recommendations and go forward with the plan, seconded by Selectman Bulgaris and open to discussion.
Chairman Story noted this engineering includes at least three public hearings and survey design. There were no further comments. The motion was voted unanimously.
Cable access was discussed. Paul Daubitz had suggested the town either hire a consultant and move forward independently or join with Salisbury and Rowley. Selectman Keller noted that there is no progress to date in the Salisbury/Rowley consortium and the cleanest way may be to stand alone and reinstitute the Cable Advisory Committee. Story commented that 50% is committed to the education channel. Keller advised that the town can use one channel and we don’t have to be involved in the education channel. Bulgaris asked if we could get some prices for the different choices and Kostro stated he could ask local towns what they spend. It was noted that a decision must be made as to the best option but where do we find
guidance. What works for Salisbury and Rowley might not work for Newbury. Story advised that we are locked into a contract with Comcast and our subscribers are paying 4% on their cable bills for this service. Keller will survey surrounding towns to see what options are working and the board will provide names of citizens interested in this project to be appointed to the Cable Advisory Committee at the next meeting.
Kostro distributed a draft revenue estimate for FY12 to the board for their review. State aid and local receipts look bleak and no free cash is anticipated. Preliminary budgets are in the works and should be available to the board after the first of the year.
Eric Hutchins of NOAA, Tim Purinton of the Dept. of Fish and Game/Riverways Program and Doug Packer, Conservation Agent presented an update of the feasibility study done on the proposed disposition of the Larkin Mill Dam. Public meetings have been held, grant funds are available, comments recommending removal have been received from the Parker River Clean Water Assoc. and Trout Unlimited and Gomez and Sullivan Engineers have done an intensive technical study which is available for review. Byfield Fire has expressed some concerns about the project. A consensus on alternatives is being sought. Selectman Bear moved to discuss the study, seconded by Selectman Keller. Grant funding, the alternatives (do nothing, dam replacement, partial removal and
full removal) were all discussed. Bulgaris was in favor of repair and cited a major spill on Rte. 95 which dumped fuel into the river. If any containment was possible it would be at this dam he, noted. Packer advised that funding is not available for repairs and this dam will come down on us in the near future. Perhaps other methods of containment should be investigated. If we can remove this liability for free, we should move ahead. Mitigation will be part of the process. Keller asked Packer what alternative he recommended and he stated at least partial removal. Walker asked Packer if he was looking for a commitment to an alternative. Packer stated either a commitment, or as an alternative, permission to enter into the next round of grant funds for planning and design. Tim Purinton noted that this is one of the most thorough
feasibility studies he has ever seen. Hutchins advised that funding is out next week so a letter of interest would be needed as a place holder for the next round of grant funding. It was moved by Selectman Bear, seconded by Selectman Keller to instruct Doug Packer to write a letter of interest on behalf of the Board of Selectmen and to authorize Chairman Story to sign this letter on behalf of the Board. The motion was voted by Keller, Walker and Story. Bulgaris and Bear voted opposed. Eric Hutchins asked that the Board read the summary document and present questions, if any, directly to him for an answer. If the issue is the well fields, we should look deeper into this part of the study. Hutchins, Purinton and Packer were all thanked for their time and input.
A request from Maureen Curley of 54 Green Street to relocate a utility pole to the front of her stone wall onto town property was approved as presented in her letter on a motion by Selectman Bulgaris, seconded by Selectman Keller and voted unanimously.
Jack McQuilkin/JM Associates addressed the Board regarding the proposed use of recycled asphalt around the building at 90 Hanover Street. In the process of grading, he noted, he found asphalt under the top surface. He asked that the Board consider use of RAP in place of gravel in the areas used by buses and cars in order to facilitate plowing this winter. In the spring the project will be finished as required. The use of RAP in place of gravel will be addressed with the Conservation Commission if approved by the Board. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to allow the use of RAP in place of gravel for the winter season as it will not further degrade the wellhead protection area and is a minor
modification of the permit. David Powell of the Planning Board suggested that JM Associates submit a revised plan to the Board for their files to cover these actions should questions arise in the future.
The minutes of the November 9th meeting were accepted as presented on a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously.
The following business license renewals were approved for 2011 on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously: U.S. #1 Auto Marine (Class II), Special Interest Autos (Class II), Newbury Auto Sales (Class III), B.D. Automotive, Wilco Marine Restroations, Bob Lobster, Tranquil Times, Parker River Pub & Grille, Karen’s Dog Grooming of P.I., Bridge Road Signs, Pert Lowell Company, Sadie’s for Hair, Little River Realty Trust, Dick’s Variety, Steve’s Service, A.L. Prime Energy, Wheelhouse Parking, Colonial Coiffures, Tendercrop Farms, Olde Newbury Golf Club Inc., Mr. Moe’s, Tolman Automotive, Plum Island Grille Inc., Byfield Trading Company, Olde Newbury Boat Co., Adelynrood Conference & Retreat Center, and Plum Island Parking.
The following liquor license renewals were approved for 2011 on a motion by Selectman Bear, seconded by Selectman Keller and voted unanimously: Parker River Pub & Grille, Oldtown Country Club, Corner Cupboard, D&J Liquors, Dick’s Variety, Mr. Moe’s, Byfield General Store, Plum Island Grille, Newbury Butchery, and Ould Newbury Golf Club.
Christmas on the Green and the tree lighting will be held on Sunday, December 5th @ 3:30 p.m. Protection Fire Company #2 will hold a spaghetti supper immediately following the tree lighting. A request from Fire Co. #2 to place a banner on the Upper Green back stop advertising this spaghetti supper was approved on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
Three one-day liquor licenses were approved for Protection Fire Co. #2 for functions on November 26th from 6 p.m. to midnight, December 4th from 6 p.m. to midnight, and December 10th from 6 p.m. to midnight on a motion by Selectman Bear, seconded by Selectman Keller and voted unanimously.
The meeting was adjourned at 9:25 on a motion by Selectman Bulgaris, seconded by Selectman Keller and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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