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Board of Selectmen's Meeting Minutes 7/27/10
BOARD OF SELECTMEN’S MEETING
JULY 27, 2010

On a motion by Selectman Walker, seconded by Selectman Bulgaris the meeting was called to order at 7:00 p.m. by Chair Joseph Story with the pledge of allegiance to our flag.    In attendance were Selectmen Story, Bear, Bulgaris, Keller, Walker and Town Administrator Chuck Kostro.

An e-mail from Jerry Klima of Salisbury regarding the Border to Boston Trails advised that the revised MOU had not been completed.  Selectman Walker noted he, Doug Packer, and members of the B2B committee had walked the trail to look at the needs of the Town.   He suggested that Newbury may look at a lease only with National Grid, with minimal if any maintenance requirements.   These matters still need to be negotiated.

Selectman Bear advised that his heating professional reported that while the furnace at the Byfield Yellow School is viable, he would not recommend installing a new tank and fill pipe and he agreed with Sam’s recommendation regarding heating the building.     It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to accept Sam’s recommendation for the Byfield Yellow School.

It was noted by Dan Streeter (OSRP Committee) that the Open Space and Recreation Plan is still in the process of evaluation by Planning and Finance.   Correspondence has been received from the Assessors acknowledging the Town’s exposure is not materially greater under this proposed plan than our current plan.     The OSRP was again tabled to await final reports from the remaining boards.

In accordance with Chapter 59, section 25 of the General Laws, Assessor Budd Kelley confirmed their excess overlay for past years and voted to transfer at total of $61,802.79 to the overlay surplus account.    Kostro thanked the Assessors and Angel Wills for their hard work putting together this figure but cautioned about spending these monies and suggested keeping them as a reserve.

To further answer questions raised after the July 13th meeting, Kostro provided the Selectmen with a fact sheet on OBRA and gave a brief explanation of the deferred comp fund along with the pros and cons to the employees affected.   He noted we are one of two towns in ERRB that does not contribute to OBRA.    It was moved by Selectman Bear and seconded by Selectman Keller to approve OBRA and discussion ensued.    Impact on the employees, budget considerations, and notification of the change were all addressed.   A flyer or letter will go out to all affected employees with their pay checks, vendor sign-up will follow and questions, if any, will be answered by Kostro.    The motion was voted unanimously.

Nate Walker, Deputy Chief of Protection Fire Co. #2, was present to award a commendation on behalf of the Selectmen to Jared White of Byfield who recently attained the rank of Eagle Scout.
Walker is a past Eagle Scout from Troop 44.   Jared’s project for his badge was to rebuild a 25’ stone bridge at Maudslay State Park.    Congratulations were also extended to Jared’s mother, Diane.    Jared is the second Eagle Scout in this family.    Selectman Walker also recognized Troop 44 and their many accomplishments.

Kostro presented the Board with a  listing of FY12 funding priorities based on FY11 spending and also a recommended list of funding priorities for FY12 along with a list of non-discretionary expenditures for their review and future comments.   Kostro noted we have no reserves left to cover deficits and we still have a $250K gap.  Concerns regarding prioritizing education, police and fire were raised along with the need to advise residents that the hard choice of maintaining services may be contingent on an over ride.    Selectman Keller felt education should always be the first priority and Kostro acknowledged that the schools have done a lot by listening to their communities and he credited them with holding the line on their budget this year.    A list of goals and objectives for FY11 voted in the spring was also distributed to the Selectmen for their evaluation.

On a motion by Selectman Walker, seconded by Selectman Keller and voted unanimously a septic loan discharge for 65 Central Street was signed.    Kostro noted the auditor has reconciled these accounts and this loan has been paid in full.

Kostro noted that he had discussed with Counsel Penski the Bandoian culvert issue and DPW Director Tim Leonard has been asked to formulate what is at stake for the Town if repairs are not done.    This will provide a basis for determination by Counsel of the merits of the project.    It will then go to engineering for plans.   Kostro noted that funding is still a problem and is dependent on the engineer’s proposal.

A request for use of the Upper Green by the Newbury Democratic Town Committee for a semi-annual yard sale on Saturday, Oct. 9th with a rain date of Monday, Oct. 11th from 7 a.m. to 1 p.m. was approved on a motion by Selectman Walker, seconded by Selectman Keller and voted unanimously.

Historic Commission appointments were tabled until a Chairman Story can meet with Liz Armstrong and Patsy Brown and a mission statement can be drafted for direction of the committee.

The warrant for the State Primary Election to be held on September 14th was reviewed and signed by the Selectmen on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.

Selectman Bulgaris moved to approve the recommendations of Chief Pearson for appointment of call firefighters, seconded by Selectman Walker and opened to discussion.   Deputy Chief Walker noted that this is an enthusiastic time for both departments.    We are training together and through open communication have combined forces, asserting the importance of dedication and volunteerism.    Chairman Story suggested publicizing drills so the public can see how they work.     Selectman Keller noted this would be a good show for cable access when it is up and running.    The motion was voted unanimously for the list of personnel as presented.

Selectman Bulgaris moved to accept the recommendation of Chief Pearson regarding the opening of the P.I. Bridge and making it mandatory that a maintenance crew is present for every opening, seconded by Selectman Walker.    Deputy Chief Walker explained the workings and problems they have had with the bridge openings.  Selectman Bear noted he did not believe the Selectmen could make this mandatory but could request it be mandated.  Bulgaris advocated for a policy from the bridge maintenance crew and action from our legislators.   Chairman Story urged a letter be drafted to Mass Highway requiring they have a maintenance crew available whenever the bridge is opened.   Kostro suggested this letter be directed to Patricia Leavenworth,  District Highway Director of DOT, addressing the problem with the bridge openings and requesting her intervention.     Bulgaris withdrew his motion for approval of Pearson’s recommendation and moved to draft letters to Mass DOT and our Legislators as well as authorize Kostro to contact Ms. Leavenworth to set up a meeting with her or her representative to discuss the bridge opening problems, seconded by Selectman Walker and voted unanimously.

A request from Governor’s Academy to close a small portion of Elm Street to allow a crane to lift a prefabricated roof structure on to their existing footbridge spanning Elm Street was approved on a motion by Selectman Walker, seconded by Selectman Keller and voted unanimously.

On the recommendation of Chief Reilly, Christopher MacDonald and Michael Mailhot were appointed as Reserve Patrolmen on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.

The minutes of the July 13th and July 19th meetings were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.

Kostro circulated warrants to the Selectmen for their review and signatures.

It was moved by Selectman Bear to enter into executive session for the purpose of conducting contract negotiations with non-union personnel, seconded by Selectman Walker and voted unanimously by roll call – Keller, yes; Walker, yes; Story, yes; Bulgaris, yes and Bear, yes.
Story advised that the open meeting would reconvene to adjourn only.

At 8:45 p.m. at the conclusion of the executive session the open meeting was reconvened and adjourned on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.

Respectfully submitted,

Kathleen Sirois, Admin. Asst.