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Board of Selectmen's Meeting MInutes 7/13/10
BOARD OF SELECTMEN’S MEETING MINUTES
JULY 13, 2010

At 7:05 p.m. on a motion by Selectman Walker, seconded by Selectman Bulgaris the meeting was opened with the pledge of allegiance to our flag.    In attendance were Selectmen Story, Bear, Bulgaris, Keller, Walker and Town Administrator Chuck Kostro.

Kathleen Pearson, Chair of the Planning Board addressed the progress of the Rte. 1 corridor rezoning including proposed changes for this area, parcel identification, time frames for postings, hearings, etc.    She noted that trying to make it all work for the fall town meeting with all the statutory regulations involved would be very tight and she suggested looking at the annual town meeting in May which would allow for input from property owners and a quality product.    Selectman Walker agreed there was no benefit to try to have this rezoning ready for the fall meeting.    Martha Taylor noted that Circle Finishing is still trying to define uses and they are not ready yet but the board is working with them.   She will contact them to see if they have a time frame for their proposal which we will try to accommodate.    Martha also noted that Sam Joslin has proposed some definition clarification for height and story above grade.   Chairman Story suggested this also be addressed at the annual meeting as there should be some public input.    Pearson asked if a Selectman would be interested in working on a sub-committee for the Rte. 1 corridor and Selectman Bear volunteered for this position.

Martha Taylor spoke on the Borders to Boston Trail.   She noted that the memorandum of agreement dated July 12th is the operative form just received from Jerry Klima.   This is the comment period and concerns are being addressed, she advised.  Tony is also looking at a few sections that in his opinion need clarification.     Selectman Walker commented that the Selectmen should focus on the fact that this is a 99 year lease and there are maintenance costs involved.   He specifically referenced paragraph seven of the agreement.  He noted that this contract must be negotiable, it is not all or nothing.     Chairman Story asked that comments be submitted to Martha Taylor as soon as possible and he will work with Tony on possible amendments to the agreement.   Martha also presented the board with a written update on the June 23rd meeting with MassDOT for their perusal.

At 7:30 p.m. the legal notice for a public hearing on the petition of National Grid, Plan #8431651, dated 5/24/10 to install new overhead cable from pole #10 to pole #10-1 on Newman Road was read by Chairman Story.    There was no one in the audience from National Grid.  After a brief discussion it was moved by Selectman Bear, seconded by Selectman Walker and voted unanimously to grant the petition for the plan as presented.

Town Administrator, Chuck Kostro outlined a Request for Proposals #10-03 for Revaluation and Assessing Services for the Assessors Office.    Only one proposal was received from Patriot Properties in the amount of $72K for a three year period ($24K each year).   Pursuant to Section 18-3 of the by-laws, it was moved by Selectman Bulgaris, seconded by Selectman Keller and voted unanimously to authorize Chuck Kostro to enter into an agreement with Patriot Properties, Inc. for the provision of a Revaluation Program and Assessing Services pursuant to the specifications contained in the Request for Proposals #10-03.


A recommendation from DPW Director Tim Leonard regarding parking on Northern Boulevard was distributed to the board for their review and comments.    The matter was tabled to a future meeting to allow the board time to consider this proposal.    Selectman Walker suggested comments be submitted at the next meeting and a site visit be scheduled so everyone is familiar with the area.   Public comments will also be welcomed as part of the next meeting.

OBRA, its merits, effects on employees and the FY11 budget was addressed.   It was moved by
Selectman Keller and seconded by Selectman Bear that the Town Administrator implement the transfer of part-time (less than 20 hours per week), seasonal and temporary employees to the mandatory OBRA plan as voted in the FY 2011 budget.    After a brief discussion it was voted by Selectmen Story, Bulgaris, Bear and Keller.    Selectman Walker voted no as he did not feel he had enough information to make a decision.

On a motion by Selectman Keller, seconded by Selectman Bear it was voted unanimously to accept the donation of a meeting table for Town Hall from Mark Richey Woodworking.

An update from MMA regarding Senate Bill #2380 was distributed and Selectman Walker moved to authorize the Town Administrator to contact Newbury’s State Representative and State Senator to express the Town’s opposition to Section 122 in the amended Senate Bill #2380, seconded by Selectman Bear and voted unanimously.

Nine line-item transfers submitted by the Town Administrator were approved as presented on a motion by Selectman Walker, seconded by Selectman Bear and voted unanimously.    Kostro noted these had all been approved by the Finance Committee and only moved money within the FY10 budget.

Kostro noted he had a good meeting with the Harbormaster regarding the purchase of a new patrol boat and the Harbormaster will have a presentation within a month or so regarding the town’s dock and what will be allowed through the ACOE permitting process.

A request from Brendan Doherty and Alex Hanbury (tabled at the June 22nd meeting at their request) to sell bottled water and pre-packaged snacks from a small stand on Plum Island beach was denied on a motion by Selectman Keller, seconded by Selectman Bear and voted unanimously as there was no one present representing Dohery and Hanbury to answer questions from the Board.

Selectman Keller updated the Board on the town’s status regarding cable access.   She noted the town has three options – Port Media, Tri-Town Consortium with a 501 (3)(c ) agreement or an in-house informal group.   Paul Daubitz, Bob Connors and Adam Krawic (an audio visual designer) have all offered their help to implement cable access in-house.    The pros and cons of the options were discussed as well as how we should move forward.   It was decided the Cable Advisory Committee would need to be reformed and a plan of action drawn up.   Chairman Story suggested a description of needs and concerns and a definition of committee responsibilities be presented at the next meeting.    Selectman Keller noted there is no sense of urgency from Comcast, but there is from our citizens.   With the help of Adam Krawic and a good committee she was confident the town could accomplish cable access programming.

The 2009 Open Space & Recreation Plan was again tabled on a request from Selectman Bear to allow time for a scheduled workgroup discussion next Tuesday.

Lisa Bobinski’s request to hold antique fairs at the P.I. Airport was addressed.   A letter of recommendation from Lt. Lucey for one event on August 21st was read into the records.   There was no one present representing Ms. Bobinski.  After a brief discussion it was moved by Selectman Walker, seconded by Selectman Bear to accept the proposal as presented for the August 21st date only, contingent on receipt of a business/operation plan, proposed dates, vendor types and a letter of recommendation from the airport manager Steve Noyes, voted unanimously.
On a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously, Ms. Bobinski must return to the Selectmen for approval of any future events scheduled after August 21st.

Recommendations of appointments to the Historic Commission were taken under advisement and will be discussed at the next meeting.    Selectman Bulgaris recommended Barbara Rogers and Channing Howard be added to the list of appointees.   Chairman Story recommended Chris Drelich for appointment.   The Historic Commission has recommended Nancy Thurlow, William Town and John Seamans to replace Margaret Stokes, Charles Purinton and John Karahalis.  Limits on the size of the commission will be investigated as well as a mission statement for the members.

A letter of recommendation from the ZBA to appoint David Sylvanowicz to replace Evelyn Noyes who retired effective July 1st and Dan Gurlitz as an alternate member was approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.

A request for use of the Upper Green for a craft fair sponsored by Triton Class of 2011 on Saturday, October 16th (rain date October 23rd) was approved on a motion by Selectman Walker, seconded by Selectman Keller and voted unanimously.

The Central Street Fields building proposal was tabled once again due to a delay in the contract.

Commendations were signed for three Eagle Scouts, two from Rowley (Thomas Andrew Kuczun and Nicholas Albert Michel) and one from Byfield (Jared Joseph White).     White will be invited to the next BOS meeting for a personal presentation.     Selectman Walker recognized Boy Scout Troop 44 and their many accomplishments especially the large number of boys who have attained the rank of Eagle Scout.

On a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously a certificate of recognition was signed and will be personally presented to John Karahalis.   Mr. Karahalis recently celebrated his 100th birthday and he was very active in town activities over the years.

Randy Bandoian presented the board with a cost estimate (as requested at the June 22nd meeting) to repair the culvert on Middle Road to stem the flooding problems in that area.    Beavers are also a constant problem in this area.    It was moved by Selectman Bulgaris and seconded by Selectman Bear to make the necessary repairs to correct this flooding.   The question of funding was raised along with permitting, engineering, procurement and the beavers.  Kostro noted this is not a typical public works project.   Spending public money on private property and the procurement process must first be discussed with Counsel.   It was moved to proceed with the permitting and make reports available at the next meeting.   Selectman Walker observed that it was important to insure by contract that Mr. Bandoian will keep the beavers clear of his property.

Leslie Matthews of Dragonfly Hill requested permission to hold one more antique/craft show next weekend (Thursday, Friday and Saturday) at 111 Main Street while she is in the process of completing her application to ZBA.    It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to allow this second event as no complaints have been received and there is sufficient parking and no traffic problems reported.

A recommendation from Building Inspector Sam Joslin regarding heating the Byfield Yellow School building was distributed.   It was moved by Selectman Bulgaris and seconded by SelectmanWalker to accepted Sam’s letter and the matter was opened to discussion.    Linda Allen questioned possible damage to the foundation by not heating the building and noted she would hate to see it go the way of the Woodbridge School.   She advised that the burner needs to be inspected to see if it is maintainable.     Steve Fram suggested putting the sale of the Byfield School on the fall warrant and selling it while it was still viable.     Selectman Bear offered to have the boiler looked at and see if it was possible to put a free standing tank inside and where to locate a fill pipe.   He will report back at the next meeting.   He suggested that a task force be set up to prioritize the sales of town buildings.   Chairman Story will ask Sam to look at the foundation and he tabled Sam’s recommendation to the next meeting when these reports can be considered.

The minutes of the June 22nd meeting were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted.     Selectman Keller abstained from the vote as she was not present at the June 22nd meeting.

A letter from Jeanne Geiger Crisis Center inviting the board to join in their 19th “annual walk against violence and Dorothy’s run 5K” was read and filed.    A letter of appreciation from the Byfield Community Arts Center for a successful Byfield Days 2010 event was read and filed.    The Selectmen also recognized the 375th Anniversary Committee for their participation in this event.   An organizational chart voted by the Board of Fire Engineers was reviewed and filed.    On a motion by Selectman Bulgaris, seconded by Selectman Bear and voted, appointments were approved for the members in their titled capacity.

Kostro circulated warrants for review and signatures of the Selectmen.

Selectman Keller requested permission on behalf of the Friends of the COA to place a banner on the Upper Green back stop advertising their “golf tournament” on September 2nd at the Old Newbury Golf Club.    As there is a moratorium on signs, the matter was discussed.   Chairman Story suggested limiting signs to town organizations temporarily to see if it works.    It was approved unanimously to allow this signage for the COA on a trial basis.   Banner must be firmly attached, be up no longer than three weeks and removed immediately after the end of the event.

The meeting was adjourned at 9:40 p.m. on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.

Respectfully submitted,

Kathleen Sirois, Admin. Asst.