BOARD OF SELECTMEN’S MEETING
AUGUST 10, 2010
Chairman Story called the meeting to order at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bear, Bulgaris, Keller, Town Administrator Chuck Kostro and Town Counsel Tony Penski. Selectman Walker was absent.
Kathy Pearson, Chair of the Planning Board, addressed two zoning definition changes proposed for the fall town meeting. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to refer these two proposed changes back to the Planning Board for a public hearing.
Chuck Kostro updated the board on the Bandoian property. A memo from DPW Director Tim Leonard citing this area as a potential public safety threat to roadways (infrastructure) and surrounding properties makes the use of public funds a legitimate expense, he noted. After a recent meeting with Leonard and Packer three options have been drafted for consideration. Option 1 is short term. DPW with Bandoian’s permission to access his property will clear the existing outlet and allow it to drain. Permits will be needed from Conservation and the Board of Health. This would alleviate the immediate danger. Option 2 would appropriate $20K from the stabilization fund at the STM for design, permitting and installation of a new culvert on
Bandoian’s property. An agreement for long-term maintenance from Mr. Bandoian would need to be implemented. Option 3 would negotiate an agreement with Mr. Bandoian for the town to pay him $16,800 to replace the culvert (his engineer’s cost estimate). This would also require a vote at the STM to appropriate the money from the stabilization fund. Kostro cautioned that funds are low and moving surplus sand from the P.I. dredging project still needs to be funded. Doug Packer noted that Bandoian is reluctant to allow the town on his property, but Doug agreed to address permission to enter the property with Bandoian. Selectman Bear moved to review the options, seconded by Selectman Bulgaris and a discussion ensued. Kostro noted that Middle and Highfield Roads may be closed permanently if flooding occurs. This will be more than an infrastructure
problem, this will jeopardize public safety. It was moved by Selectman Bear to implement option 1 as soon as possible and to authorize $1500 from the engineering account for preliminary engineering, seconded by Selectman Keller and voted unanimously.
At 7:15 p.m. Chairman Story called for an executive session to discuss pending litigation on the JRM property and to then reconvene in open session A motion was made by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously by roll call (Story, yes; Bear, yes; Bulgaris, yes; Keller, yes) to go into executive session.
At 7:37 p.m. the board reconvened in open session on a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously.
It was moved by Selectman Bear and seconded by Selectman Keller to authorize the installation of a new gas line in anticipation of converting Town Hall to gas heat. Kostro noted that $10K was appropriated at the ’09 ATM to repair the Town Hall heating system. Sam Joslin has found it would be more efficient to convert the system to gas which may need additional funding of $2-4K. In order to do this conversion in a timely fashion National Grid will have to install a new gas line to Town Hall. It was moved by Selectman Bear to authorize Kostro to sign the agreement with National Grid to install a gas line to Town Hall, seconded by Selectman Keller and voted unanimously.
Kostro explained the Emergency Management Assistance Compact (EMAC) which permits local inspectors to participate in voluntary EMAC responses when Mass Emergency Management Agency (MEMA) receives a request for mutual aid (the 2006 Danvers explosion was cited as an example). It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to authorize Kostro to sign the final agreement to permit Sam Joslin (Building Commissioner) and Doug Packer (Local Inspector) to participate in EMAC responses.
Newbury’s Flag Policy was amended by adding the following paragraph “the BOS has voted to authorize the Chair to direct that in special circumstances the Flag of the Town may be lowered to half staff in recognition of the passing of distinguished local citizens” on a motion by Selectman Bear, seconded by Selectman Keller and voted unanimously.
On a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously Chuck Kostro was authorized to sign all grant agreements after approval by the Board of Selectmen.
A revised policy and procedure memorandum for the disposal of surplus tangible property (not real property) valued at $5K or less was reviewed and accepted on a motion by Selectman Bear, seconded by Selectman Keller and voted unanimously.
Kostro presented a written response to Giusti & Hingston’s FY09 audit and management letter to the board for their review noting that most items had been addressed but there is not sufficient staff to cover all the recommendations. Chairman Story suggested the response be assessed and brought back to the table to be finalized at a future meeting.
Kostro noted that Mass DOT had completed their safety audit on traffic flow through Byfield Village. They agreed the changes made were good with some refinement including additional street scaping and some suggested improvements. The next step would be to bring the project to the preliminary design stage for which HSH Associates presented a proposal. Total cost of the engineering and public outreach would be $60K which could be paid with Chapter 90 funds.
The Selectmen were asked to review the proposal, check on funding and decide whether or not to move forward with this project.
Possible FY11 budget reductions for the STM were discussed. Kostro noted that MV excise
is considerably lower than anticipated and FY10 revenue shortfalls needs to be addressed at the fall town meeting. This may require cuts to the FY11 budgets, he advised.
The overlay surplus certification of $61K issued by the Assessors at the last meeting will be reduced by approximately $51K to close deficits for three years in the 90’s. This will leave only $10K in the overlay surplus account for our use
Kostro updated the board on the town dock and the engineer’s permitting process with ACOE. All seems to be moving along in a timely fashion, he noted. He also advised that three bids had been received for the Harbormaster’s patrol boat and a new boat had been ordered through the low bidder.
A Document Management Proposal from Donnegan Systems, Inc. was submitted to the board for their review. The proposal is for transferring documents stored at the Woodbridge School onto discs. It is estimated there are 827K documents stored at the school and cost of the project would be $75-$100K. Kostro noted that we cannot move forward with investigating other uses for the school until the we find a place for these documents.
Sam Joslin, Building Inspector provided the board with an “annual town building report”, updating the results of his yearly inspections.
Kostro noted that National Grid was in the process of red capping streetlights that have been requested turned off. This process will take approximately 4-6 weeks. Lights must remain off for one year.
Kostro presented the board with a list of “goals and objectives” for FY11 and the status of several of the recommendations for their review and comments.
A contract approved at the 7/27/10 executive session for Police Chief Michael Reilly was signed by the Selectmen.
Selectman Keller introduced Chris Liquori to give an overview of what is needed to install and manage PEG cable access for the town. Liquori met with Keller and Paul Daubitz to view the building and our franchising agreement with Comcast. Liquori put together a business assessment plan for consideration. Comcast has allocated two channels to the town but they have not yet been activated. Other alternatives to the stand-alone scenario, design and construction guidelines, equipment needs and quotes, training and a time frame to have cable access up and running were all included in the plan. Costs for set up of the system, running costs, equipment and a consulting agreement were all discussed. Chairman Story suggested a spread sheet be developed comparing the
pros and cons of the three options – stand-alone, Port Media and Triton. It was also recommended that the Cable Advisory Committee be re-established to work on the process. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to authorize Chuck Kostro to solicit quotes for scope of services. Mr. Liquori was thanked for his time and presentation.
Wendy Smith of Ironmoon Farm requested permission to place a sign on the Upper Green to advise location and hours of operation of the farm. The board agreed that setting a precedent was the problem. Selectman Bulgaris noted he did not look at this as a business but rather as a farm (agriculture) and felt allowances should be made. After a brief discussion it was moved by Selectmen Bear, seconded by Selectman Bulgaris and voted unanimously to allow the sign as a pilot program until October 31st at which time it must be removed. Should problems arise in the interim, a request for removal may be issued at any time.
The resignation of LuAnn Kuder from the Alternative Energy Committee was accepted with regret on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Martha Taylor advised that the town’s wind turbine grant application has not been accepted. Uses for the $8700 in the National Grid Clean Energy Choice fund were being investigated. Solar trash compactors were one item being looked at. We have until December to spend these funds, she noted, and recommendations for use of these funds will come back to the Selectmen for approval. Chairman Story asked that Tim Leonard be kept informed to insure any purchases (like trash compactors) are manageable. Gene Smith, Chair of the Alternate Energy Committee advised that the committee is in need of new members as they are still working on sites for wind turbines. A notice will be place on the web site to encourage new volunteers.
A draft of the application for a one-day liquor license permit was reviewed and approved by the Selectmen on a motion by Selectman Bear, seconded by Selectman Keller and voted unanimously.
The minutes of the 7/27/10 meetings and the 6/16/10 Special Permit hearing were accepted as presented on a motion by Selectman Keller, seconded by Selectman Bear and voted unanimously.
Excess land sales were discussed with the 5.4 acres on Plum Island prioritized. Kostro noted that procurement laws were most important in this case and a competitive sealed bid would be requested. Selectmen Bear and Keller volunteered to work with the Finance Committee to review the procurement laws and decide how to best market the property.
A new business license was approved for Anastasia’s Flowers at 56 Main Street (owner Vivian Anastasia-Hurton) on a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously.
The Leavenworth/Mass DOT letter was acknowledged. Kostro noted that he had no response to date. Two letters from the Doyles on Morgan Avenue regarding the Protection 2 Fire Station were read and filed. Warrants were reviewed and signed by the Board. There were no meeting updates.
The meeting was adjourned at 9:45 p.m. on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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