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Board of Selectmen's Meeting Minutes 4/2/10
        BOARD OF SELECTMEN’S MEETING
Friday, April 2, 2010


Chairman Story, recognizing a quorum as being present, called the meeting to order at 8:07 am. In attendance were Selectman Joseph Story, Selectman Audrey Keller, Selectman Michael Bulgaris, Selectman Vincent Russo, Selectman Geoff Walker and Town Administrator Chuck Kostro.

The Pledge of Allegiance was recited.

Town Administrator Chuck Kostro announced a press release which is designed to inform the public about an error in the fourth quarter tax bills which were recently mailed. Kostro advised the Board that in the fourth quarter real estate tax bills a computing error resulted in several tax bills listing interest and charges owed for past due amounts for taxpayers who are not, in fact, delinquent.  The notice advised taxpayers that if they received such a bill and their prior amounts due are zero, they may disregard the interest and charges portion of the bill.  If they are current in their payments, then the amount due is only the tax portion of the bill scheduled for payment on May 3, 2010.  If taxpayers have questions, they can call the Treasurer-Collector’s Office at (978) 465-0862 extension 305 or 307.  Kostro stated that the Town Hall voice mail will have an automated message with this explanation, that it has been posted on the website and issued as a press release to the Newburyport Daily News.  Kostro did indicate that the new Treasurer-Collector, Diane Doyle, who started work after these bills had been printed, had nevertheless handled the public’s inquiries with grace and professionalism.

Kostro then briefed the Board on a possible Spring Clean Up Day for Town Hall.  A draft notice was presented and reviewed.  The clean up day would include town employees helping to clean up the parking lot, grass area and walkways outside of Town Hall.  Grass seed and flowers could also be planted.  Kostro explained that the idea was based on the work Selectman Keller did in the fall to hang flowers and decorate the entrance to Town Hall.  This would also be consistent with the effort to properly care and maintain town facilities and to create a welcome and hospitable Town Hall atmosphere for the public.  Kostro indicated this would be a voluntary activity for town employees to participate in if they desire.

Kostro then reviewed with the Board the draft Annual Town Meeting Warrant.  The purpose of reviewing the warrant is to assign Selectmen to certain articles.  Kostro mentioned that he had drafted a Selectmen’s Message for the Warrant which is often done in several communities.  He said that it is a draft message and can be altered or even eliminated if the Selectmen desire.

The Selectmen then reviewed the warrant article by article.  It was decided that it was not necessary to assign a Selectmen to Article 1.  Selectmen Chair Joe Story was assigned to Article 2, which sets the salaries of certain elected officials.  Kostro noted that the Selectmen’s salary was set at the rate of two years ago, prior to the Selectmen taking a 40% reduction in their wages.  The Board of Assessor’s wages are less than last year but were set by the Assessor’s in their Fiscal Year 2011 budget submission.  The Fish Commissioners were put in at $1,000 per Commissioner, although Kostro mentioned he did not have the exact salary for them.

The next several articles are budget related and do not require a selectman to be assigned.  These are part of the budget which is reviewed by the entire Board and typically include a recommendation of the Finance Committee.  The Board did ask Kostro to draft a letter for their signature which requests the respective School Committee’s to present the Triton and Whittier budget articles.

Article 9 is the authorization for Whittier to borrow funds for their roof repair project.  Kostro told the Board that the administration at Whittier said that no borrowing will be necessary but that the authorization is necessary in order for the school to receive a grant from the Massachusetts School Building Authority.  Kostro also noted that the Town has sixty-days after the Whittier School Committee votes the authorization to approve or not approve the borrowing authority.  As the Newbury Town Meeting is not until May 25, 2010 and the School Committee voted on March 10, 2010, this vote will take place beyond the sixty day deadline.  Kostro said he spoke with the School Business Administrator at Whittier and Town Counsel on this issue.  It should only be a problem if the Town does not approve the article.  Selectman Keller was assigned this article.

Article 10 creates a trust fund to pay Other Post Employment Benefits (OPEB) for retired town employees.  Kostro said this article was recommended by the Town’s auditor and, while establishing the trust, it does not require any funding at this time.  However, it is a signal to the bond rating agencies that the Town is aware of its OPEB costs, which are presently estimated at over $300,000 per year.  Selectman Story was assigned this article.

Article 11 authorizes the Board of Selectmen to petition the Legislature to establish in state statute the present relationship between the Town and the two private, non-profit fire companies that provide fire protection services to the Town.  Selectman Story noted that this Article will be submitted to the Inspector General’s Office to make sure it answers any concerns about the Town’s compliance with the procurement laws and its longstanding relationship with the two private fire companies.  Selectman Bulgaris was assigned this article.

Kostro presented Article 12 as necessary to incorporate the operations of the Tree Warden within the Town’s administrative operations.  Selectman Keller asked about the process for making an elected position appointed.  Kostro explained that it requires a vote of Town Meeting followed by a ballot question at the next regularly scheduled town election.  Selectman Walker raised several concerns about how this article would be viewed at Town Meeting.  Kostro indicated that the Board could direct him to present this issue to the Town Government Study Committee with a request from the Selectmen for a recommendation from them prior to a fall town meeting.  Selectman Russo moved that Article 12 be referred to the Town Government Study Committee with a request for a recommendation back to the Board of Selectman prior to the fall town meeting and, in the meantime that the article be removed from the Annual Town Meeting warrant.  The motion was seconded by Selectman Walker.  The vote was 5-0 in favor of the motion.

Article 13, 14 and 15 are zoning change articles submitted by the Planning Board.  Kostro noted that these will be presented at Town Meeting by the Planning Board.  He said he assumed that Selectman Walker would be assigned these articles as he is the liaison to the Planning Board.  Several members of the Board questioned whether these articles are consistent with the Town‘s desire to expand its tax base and how to approach the Planning Board with their concerns.  The Board assigned Selectman Walker to all three articles and asked him to relay their concerns to the Planning Board.

Article 16 increases the demand fee from $10 to $15.  Kostro stated that the Town raised this fee from $5 to $10 last year and has statutory authority to raise it $25.  This fee is for notices of delinquent taxes and, he said, it is very helpful in collecting outstanding taxes.  Selectman Keller was assigned this article.

Kostro discussed Article 17 which appropriates $10,000 from Free Cash to pay for consulting services to assist the Town in an economic development strategy.  This is an outgrowth of his meetings with the Endicott Research Center at Endicott College.  Kostro noted that the procurement for these services has not been completed but the article is in anticipation of eventually procuring a consultant.  He also noted that there is a meeting in a couple of weeks with the Endicott Research Center to discuss their proposal.  Selectman Walker was assigned to this article.

Article 18 is to appropriate $5,000 from Free Cash for road improvements at 35th Street.  Selectman Story was assigned this article.  Article 19, which is also a Free Cash appropriation of $10,000 for the Treasurer’s Tax Title Fund, was assigned to Selectman Story.

Articles 20, 21 and 22 are the annual revolving fund authorizations.  Selectmen Story was assigned Article 20, authorizing the Recreation Committee revolving fund.  Alba Gouldthorpe, Chair of the Board of Health, spoke about the compost recycling bin program, Article 21, which was assigned to Selectman Walker.  Article 22, the Harbormaster revolving fund, was also assigned to Selectman Walker.

Article 23 is a new Lighting Conservation By-Law.  Selectman Russo was assigned this article.

Kostro said that Article 24, Article 25 and Article 26 are all increases in fines related to picking up litter and animal waste on town property.  It was recommended that Kostro re-write the articles to provide clarification as to exactly what the fines applied to, rather than referencing the section of the by-law.  Article 25, Article 26 and Article 27 were assigned to Selectman Story.

Article 27 is the annual request to appropriate Chapter 90 authorizations received from the Commonwealth.  Selectman Bulgaris was assigned this article.

Article 28 is the annual article authorizing the Selectmen to enter into contracts for the construction and maintenance of public highways.  Selectman Bulgaris was assigned this article.

That concluded the Board’s review of the draft Annual Town Meeting Warrant.

The Board discussed its goals for Fiscal Year 2011.  Kostro reviewed his list of goals for Fiscal Year 2011.  These goals are:

1.      Establish a clear organization structure for town government
a.      Clarify all department head reporting
b.      Establish new job descriptions that complement the Town’s mission
c.      Present Selectmen with a complete organization chart

2.      Develop a agreeable formula for funding education among the three towns and the school committee

3.      Develop a complete set of financial, personnel and operational policies for the Town

4.      Develop and submit for approval a complete five-year capital plan

5.      Implement new personnel policies and procedures
a.      Report time and attendance on paychecks
b.      Distribute a managerial handbook
c.      Distribute an employee handbook
d.      Begin employee performance review process
e.      Update Personnel Board salary classification chart

6.      Successfully negotiate new Police Association Collective Bargaining Agreement

7.      Complete several important procurements
a.      Assessing services contract
b.      Tax software contract
c.      Cable T.V. procurement
d.      Woodbridge School Sale
e.      Miscellaneous town-owned land sales

8.      Create and fund a full-time Assessor

9.      Complete several important capital projects
a.      Highway Barn – Complete engineering and advertise for construction
b.      Town Hall renovations and upgrades

10.     Create a friendly, upbeat work environment for employees and residents


Selectman Story indicated that he would like to see as one of the Selectmen’s goals in Fiscal Year 2011 to resurrect the Capital Planning Committee.  Selectman Story noted that there are a lot of projects that need to be completed and there needs to be an active Capital Planning Committee.  Selectman Bulgaris asked if this is something the Building Inspector needs to be involved in.  Selectman Story said he did not think so.  Kostro said that staff can develop a plan but a citizen oversight committee will be very helpful in setting priorities.  He noted that a lot of progress was made on capital planning when it was under the Finance Committee but momentum was lost when the Capital Planning Committee was created but did not become active.  Selectman Walker noted that he would like to see capital plans that consider the maintenance costs of new facilities.

Selectman Keller said she would like to see as one of the Board’s goals expanding the town’s tax base and exploring other revenue sources.

The Board said it will adopt Kostro’s goals and that he should add expanding the tax base to the list.  Kostro said he will create a list of goals based on the direction of the Selectman and will add expanding the tax base to that list.

The Board discussed creating more formal meeting procedures.  Kostro provided some meeting policies from other communities for the Board’s review.  It was suggested that a Vice Chair position be created, who will fill in when the Chair is unavailable.  The Board decided that this could be done during the annual reorganization after the town election.

Selectman Keller raised a concern about improving communications among the Selectmen.  She suggested that the Board utilize its meeting updates item on the regular meeting agenda to more actively brief one another on issues and meetings selectmen have attended.  Selectman Walker suggested that taking meeting preparation more seriously would also be helpful.  The Board said it would like to see their meeting packets earlier and with more review and comments from staff included.

Selectman Walker then moved that the Board go into Executive Session under Chapter 39, section 23B (3) for the following purposes: to discuss collective bargaining, to discuss strategy in preparation for negotiations with non-union personnel and to conduct contract negotiations with non-union personnel.  Selectman Bulgaris seconded the motion.  Selectman Story called the roll:

Selectman Keller, aye
Selectman Russo, aye
Selectman Bulgaris, aye
Selectman Walker, aye
Selectman Story, aye.

The roll call vote was recorded as five in favor, none opposed.  Selectman Story stated that the Board would come out of Executive Session only to adjourn.

The Board returned to open session and adjourned at 11:15 a.m.