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Board of Selectmen's Meeting Minutes 3/23/10
BOARD OF SELECTMEN’S MEETING
MARCH 23, 2010

Chairman Story opened the meeting at 7:02 p.m. with the pledge of allegiance to our flag.    Selectmen Story, Bulgaris, Russo, Walker and Town Administrator Chuck Kostro were present.     Selectman Keller was absent.

Chair of the Finance Committee, Frank Remley, commented on the proposed FY11 budget.    The one time use of a potential overlay surplus may allow monies for the reserve fund, allow the Finance Committee and Selectmen to look at a small COLA for employees and increase public building maintenance.   Police union negotiations are still pending so a finalized budget will not be available until mid April.

Town Administrator Chuck Kostro reviewed a tax bill insert with the Board.    It was moved by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously to approve the insert presented by the Town Administrator relative to certain municipal information be included in the fourth quarter tax bills per MGL Chapter 60 section 3A.    A “bottle bill resolution” recommended by the Board of Health was briefly discussed and tabled to the next meeting on a motion by SelectmanWalker, seconded by Selectman Bulgaris and voted unanimously.    Kostro advised he was working with Endicott Research Center on a proposal for economic development strategies.   A follow up meeting is to be scheduled and public meetings are proposed to get input from citizens.     The Selectmen unanimously confirmed that the “state of emergency” declared on February 26th would remain in effect until all storm related matters have been addressed, on a motion by Selectman Bulgaris, seconded by Selectman Russo.     Selectman Russo updated the Board on two emergency meetings held to address P.I. issues.    Friday’s meeting allowed hay bales to be placed on the beach to stem erosion.   The possibility of beach scraping is being negotiated with DEP with the hope they will allow a pilot program on the most vulnerable areas of the beach.    Engineers have volunteered to do an analysis of profiles before, during and after to see if beach scraping helps or hinders as part of this program.   On the recommendation of our Auditors, warrants will periodically be presented to the Selectman for approval.    Our new Treasurer/Collector starts work next week and this will clean up the chain of command for signing checks and warrants.    We have been advised by the State that requests for a road safety audit for Byfield Village should come from MVPC for approval.    Kostro will draft a letter to the School Committee asking for a legal opinion on the possible sale of the Hanover Street parcel next to the school asking if this parcel is tied to future expansion of the building.      Recommended locations of street lights to be shut off will be presented to the Selectmen at their next meeting for review and approval.   It was suggested by Selectman Russo that Counsel look at Gloucester’s light bylaw to see if it can be incorporated in Newbury.     Friday, April 2nd at 8 a.m. was set as the date for a Selectmen’s workshop to address administrative issues, review the ATM warrant and assign an article to each Selectman.    Kostro noted that an executive session is also needed to discuss three contract issues, Town Administrator, Police Chief and the Police Assoc. collective bargaining agreement.

On a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously Section II of the “Regulations for Clam Industry and Taking of Seaworms” was approved adding “and razor clams under five (5) inches in length in shell.   The changes proposed in Section V and VIII were deleted and will remain the same as last year.

Harbor Advisory Task Force recommendations and comments from the Harbormaster were discussed.      Section 1. (Image) was accepted as recommended including the Harbormasters comments.   Section 2. (Docks & Ramps Infrastructure) recommendations were noted.    Monitoring of the infrastructure and repairs were left to the discretion of the Harbormaster with the caveat that funding and all necessary permits be in place prior to any work being done.   Section 3. ( Staffing) was accepted as recommended.   Section 4. ( Patrol Boats)  recommendation of the Task Force is valid, however it was noted that monies have been appropriated and approval voted to replace the small 16’ boat this FY.   Section 5 (Fees)  It was moved by Selectman Bulgaris, and seconded by Selectman Walker to accept the fees as recommended for 2010 and to review them again prior to February of 2011.     Discussion ensued and the motion on the fees was voted unanimously with the following exception:   skiffs up to 16’ will be permitted on the town dock at the discretion of the Harbormaster as space allows with the caveat that all permitted mooring holders be accommodated with no waiting list before others are allowed space on the town dock.  Other issues addressed were:   kayaks – non resident launching not allowed at the town ramp.   Waterways permit fee for non-powered boats discontinued.    Valid parking permit needed to park car/trailer.  On a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously, the “no wake zone” from the easterly terminus of the anchorage area to the south tip of Dole’s Island at Mud Creek was not implemented.    The recommendation of the Task Force that a permanent Harbor Commission be established was also not implemented on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.   It was the decision of the Board that, if needed, an Advisory Task Force may be reconvened at any time.     It was voted unanimously on a motion by Selectman Walker, seconded by Selectman Bulgaris to place the Harbormaster department under the jurisdiction of the Police Department.   Budgets will remain the responsibility of the Town Administrator.    Kostro and the Selectmen thanked the Task Force and the Harbormaster for their time and input.

Michele Rybicki presented a proposal to the Board for a second softball field at NES.   She noted she had spoken with the Recreation Committee, School, Building Inspector and Conservation Commission and all have given their approval for this field.   Ninety two girls, grades 1 thru 8, have registered to play this year and one field is very restrictive.    All work will be done by volunteers, no cost to the Town.    The second field will mirror the existing field.   It was moved by Selectman Russo, seconded by Selectman Walker and voted unanimously to approve the installation of a second softball field at NES.

The Selectmen acknowledged the receipt of Comcast’s license fee payment for 2009 in the amount of $1,244.50.

On a motion by Selectman Russo, seconded by Selectman Walker and voted unanimously permission was granted to the P.I. Surfcasters to use the Upper Green Pond for their annual casting clinic on June 19th from 9 a.m. to 12 noon.

On a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously the Byfield/Newbury Baseball League was granted permission to use the Upper Green ball field week nights from 5p.m. to dusk and weekends from 9 a.m. to dusk from the last week in April thru the end of June except when scheduled by the 375th Anniversary Committee or scheduled by another entity.

On a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously the Neptune Softball League was granted permission for use of the Upper Green ball field Wednesday and Thursday evenings from 5 p.m. to dusk from July 1st thru Labor Day.

An invitation was extended to the Board to attend a public meeting at the Library on Tuesday, March 30th at 7 p.m. to hear a feasibility study report on the Larkin Dam by Gomez & Sullivan Engineers.

The nomination of Carol Larocque as Animal Inspector in accordance with MGL Chapter 129, section 15 was approved on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.

The minutes of the March 9th meeting were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.

A request from the 375th Anniversary Committee to hang banners on the Upper Green back stop, Lower Green and Byfield Yellow School was approved on a motion by Selectman Bulgaris, seconded by Selectman Russo and voted unanimously.

Selectman Bulgaris gave a brief update on the Board of Fire Engineers meeting.   An article was drafted for ATM to establish the Board of Fire Engineers with input from both companies and submitted to Counsel for approval.   Kostro will check with the Attorney General’s office to insure the article is what they are looking for.   Bulgaris also noted that at the last School Committee meeting a final budget was submitted and the new superintendent’s contract is in negotiations.     Selectman Story advised that the sludge on the beach this past weekend has dissipated and is not a safety issue.

The meeting was adjourned at 9 p.m. on a motion by Selectman Russo, seconded by Selectman Bulgaris and voted unanimously.

Respectfully submitted,

Kathleen Sirois, Admin. Asst.